Terms of Service

• "Platform" means the DHP web application, progressive web app (PWA), APIs, and related services.
• "User" means any individual or entity with a registered account, including patients, clinicians, pharmacists, CHPs, donors, wholesalers, and manufacturers.
• "Health Professional" means any licensed clinician, pharmacist, nurse, or community health worker using the Platform in a professional capacity.
• "Protected Health Information (PHI)" has the meaning given in the Digital Health Act 2023 and includes any data that identifies or could identify an individual and relates to their health.
• "Loyalty Points" means digital reward units earned and redeemed on the Platform as described in the Loyalty Programme terms.

• You must be at least 18 years of age to create an account, or be a minor with verifiable parental/guardian consent for youth-friendly health services.
• Health Professionals must provide valid PPB registration numbers, medical board credentials, or relevant regulatory identifiers, which will be verified against national registries.
• You must be a resident of or have legal standing in the Republic of Kenya to access regulated pharmaceutical and clinical features of the Platform.

• You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
• Multi-Factor Authentication (MFA) is mandatory for all Health Professional accounts and strongly recommended for all users.
• You must notify us immediately at legal@dhp.ke if you suspect unauthorised access to your account.
• The first registered user in a new DHP deployment is automatically assigned the Super Administrator role with full platform control. This assignment is auditable and irreversible except by mutual written agreement.
• We reserve the right to suspend or terminate accounts that violate these Terms, are associated with fraudulent activity, or whose professional credentials cannot be verified.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to use the Platform for:

• Managing your personal health profile and treatment history
• Accessing AI-assisted reproductive and oncology health information
• Ordering Over-the-Counter (OTC) products from verified pharmacies
• Contributing to or receiving from treatment crowdfunding wallets
• Completing health professional training and CPD modules
• Managing pharmacy inventory, dispensation records, and supply chain logistics (for authorised professionals)
• Generating and reviewing community health indicators and household records (for CHPs/CHEWs)

You must not:

• Use the Platform to obtain or dispense Prescription-Only Medicines (POMs) without a valid prescription from a registered clinician.
• Misrepresent your professional qualifications, registration status, or identity.
• Upload, share, or transmit counterfeit, unapproved, or mislabelled health products.
• Attempt to access PHI of other users without authorisation.
• Circumvent, disable, or interfere with security features or access controls.
• Use the Platform for any purpose that violates the Pharmacy and Poisons Act (Cap 244), the Data Protection Act 2019, the Digital Health Act 2023, or any other applicable Kenyan law.
• Scrape, harvest, or systematically extract data from the Platform.
• Post user-generated content that constitutes off-label promotional claims, false testimonials, or medical misinformation.
• Use the AI chatbot output as a substitute for professional medical advice, diagnosis, or treatment.

In a medical emergency, call 999, 911, or your local emergency services immediately. The Platform's AI chatbot includes emergency facility locator functionality as a supplementary tool only.

• All pharmaceutical products listed on the Platform are PPB-registered and sourced from licensed wholesalers. The Company does not guarantee continuous availability of any product.
• Prescription-Only Medicines (POMs) are only accessible to users with verified professional credentials in accordance with the PPB Guidelines for Internet Pharmacy Services.
• Drug pricing displayed on the Platform is indicative and subject to change. Cost-locked treatment quotations are binding for the stated period per the applicable quotation terms.
• Good Distribution Practices (GDP) for temperature-sensitive products (e.g., oncology biologics) are maintained in accordance with PPB GDP guidelines. The Company is not liable for degradation caused by user storage conditions after delivery.

• Treatment fund contributions are ring-fenced and may only be disbursed to verified pharmaceutical suppliers and licensed healthcare facilities on behalf of the named beneficiary.
• Contributions processed via M-Pesa are final and non-refundable once confirmed by the Safaricom Daraja callback. Any disputes must be raised within 14 days.
• The Platform charges a transaction fee of up to 4.25% on crowdfunding contributions to cover operational and payment processing costs. This fee is disclosed at the point of contribution.
• Beneficiaries cannot withdraw ring-fenced funds as cash. Funds are released to suppliers upon verified dispensation events only.
• The Company is not a licensed deposit-taking institution. Treatment wallets are operational ledgers, not savings or investment accounts.

• Loyalty Points have no cash value and cannot be exchanged for currency.
• Points may be redeemed for non-drug wellness rewards, digital health subscriptions, and nutritional consultations as detailed in the Loyalty Programme documentation.
• The Company reserves the right to modify the earning rates, redemption options, and programme rules with 30 days' notice.
• Points expire 24 months after the last account activity.
• Points earned through fraudulent activity will be void and may result in account suspension.

All content on the Platform, including software, text, graphics, logos, and compilations, is owned by the Company or its licensors and is protected by Kenyan copyright law and international treaties. MoH clinical guidelines and government health data referenced on the Platform remain the property of the respective government bodies. Nothing in these Terms transfers any intellectual property rights to you.

Your use of the Platform is governed by our Privacy Policy, which is incorporated into these Terms by reference. We process your personal data in accordance with the Kenya Data Protection Act 2019 and the Digital Health Act 2023.

To the maximum extent permitted by applicable Kenyan law:

• The Platform is provided "as is" without warranties of any kind, express or implied.
• The Company is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Platform.
• Our total liability to you for any claim shall not exceed the total amount paid by you to us in the 12 months preceding the claim, or KES 10,000 (whichever is greater).
• Nothing in these Terms excludes liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.

You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses arising out of your use of the Platform, your violation of these Terms, or your infringement of any third-party rights.

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute arising out of or in connection with these Terms shall first be subject to good-faith negotiation between the parties. If unresolved within 30 days, the dispute shall be referred to mediation under the Nairobi Centre for International Arbitration (NCIA) Mediation Rules. If mediation fails, the dispute shall be finally resolved by arbitration under the NCIA Arbitration Rules, with the seat of arbitration in Nairobi, Kenya.

We may update these Terms from time to time. Material changes will be notified to registered users via email and a platform notice at least 30 days before they take effect. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

For legal enquiries: legal@dhp.ke
DHP Kenya Limited, P.O. Box 00100 – 0100, Nairobi, Kenya.