GENERAL TERMS OF USE OF SEHA SERVICES

January 2020

 

1. LEGAL NOTICE 

SEHA Services are operated and hosted by HEALTHTRACE SARL, registered under number  42589 in Agadir whose head office is located at Rue Oued Ziz, Cité De L'innovation Souss  Massa, Agadir, Morocco. 

2. General Terms 

2.1 Definitions 

For the purposes of these General Terms of Use, terms beginning with a capital letter are defined  as follows : 

Services means all services made available to Users by SEHA through the Site. 

Site or Platform means the website https://www.seha.ma/ 

Online Appointment Booking Service means the online appointment booking service with  Healthcare Professionals made available to Users through the Site. 

Health Professional or Practitioner means the professionals working in the health sector  who are presented on the Site. 

Patient(s) means any natural person who accesses the Website in order to obtain a medical  appointment and benefits from the Service for strictly private use. 

User applies to Healthcare Professionals and to Patients.  

Service means any consultation, medical act or care offered and performed by a Healthcare  Professional. 

2.2 Agreement to the Terms of Use of the Service 

The purpose of these Terms of Service is to define the conditions under which the User may  benefit from the Service provided by the Company. The use of this Service is subject to the  User's unconditional acceptance of the General Terms of Use of the Service. 

 

By accessing the Website and using the Service, the User acknowledges that he/she has read  and understood the entirety of these General Terms of Use and accepts them without restriction  or reservation.  

If the User does not accept these conditions, he/she must stop using the Website and renounce  to benefit from the Service offered by the Company.  

2.3 Fields of application 

These Terms of Use are effective as of February 25, 2020. They are applicable to any use of the  Site by the User. The present conditions are subject to Moroccan law: Any foreign User expressly  accepts the application of Moroccan law by using the Service.  

In the event that a particular contractual clause is null and void, illegal, or unenforceable, the  validity of the other provisions of the Terms and Conditions shall not be affected in any way.

 2.4 Modification of the Terms of Use of the Service 

The Company reserves the right to modify these Terms of Service at any time and without notice  or information, and without prejudice. The Terms of Use of the Service thus modified become, as  soon as they are modified, effective and applicable to all Users and to all Health Professionals  regardless of the date of their registration on the Website. 

3. Description of the Service  

3.1 Goal of the Service 

The SEHA platform allows to:  

Connect the Patient with Health Professionals registered on the website by :

Making appointments online 24 hours a day, 7 days a week: 

• Choosing between physical appointments (office or home) or by teleconsultation, and  tracking their consultation history. 

Teleconsultation : 

• Unrecorded video call 

End to End Encrypted Video Call 

Digital Medical Record: 

• The patient will have a detailed medical record in the database with all the information  and history with which they can securely access the system to take information 

Care Coordination: 

Tools to refer or receive patients in 1 click and exchange with their colleagues

Practice management software:

• Manage consultations efficiently  

• Replace handwriting with intelligent and electronic data entry (prescriptions, analysis  reports, sickness certificates, liaison sheets, etc.) 

• Manage and consult patient files securely and from anywhere 

• Access patients' medical history at the time of consultation 

• Replace paper archives with unlimited and 100% secure electronic storage

Online Calendar: 

•  Access the agenda whenever and wherever you want 

•  Customize the SEHA agenda according to your needs and activities

•  Simplify the management of waiting rooms 

•  Manage appointments in 1 click and in a fluid way 

•  Follow the activity of practices or establishments in real time 

•  Save time with our online agenda 

Manage appointments online and offline: 

Offer patients an online consultation book 

Retrieve more information about patients before the consultation 

Benefit from a highly secure service 

Offer a simple and universal service 

Have 100% control over the offers available online 

Make it easier for patients to book appointments 

Synchronize appointments made online and those made through the offices  automatically 

Internet referencing: 

• Customize the profile on our platform 

• Benefit from the best referencing on search engines, especially Google

• Inform patients through the practitioners' page about their working hours and availability 

Marketing for organizations: 

A communication strategy adapted to these organizations and their needs 

The Service aims to facilitate the relationship between the Patient and his Practitioner and in no  case to replace it. In addition, the Service does not constitute a service of recommendation of a  Health Professional, and does not aim to replace the free choice of his or her Practitioner, in  accordance with the legislation in force.  

3.2 Functioning of the Service 

The User accesses the Service via the website https://www.seha.ma/

 

- For patients: 

1. Create your patient account 

Tell us more about you. Your information is stored on a secure server and approved Health Data  by the CNPD to ensure medical confidentiality. 

2. Consult a doctor in a few minutes 

Describe your symptoms with a few questions; make an appointment or wait a few minutes: a  doctor, registered with the Order, calls you on video. 

3. Get an electronic prescription 

Find the minutes of your consultations, your prescriptions, your work stoppages or your certificates  in the SEHA platform and soon on the application 

4. Buy and pay for your Medoc online and have it delivered free of charge 

On the online store you will find the pharmacists registered on the platform, send the prescription  and wait for your delivery from the pharmacy nearest you. 

For practitioners:1. Choisissez vos créneaux 

1. Choose your slots 

Add your availability in your SEHA calendar and manage your visibility for your patients or new  patients. 

2. View your appointments 

Access your calendar to find all your appointments, reasons and patients' medical records 

3. Perform your teleconsultation 

Log in to your practitioner space, and at the scheduled time, start the teleconsultation with the  patient. 

4. Share medical documents 

The SEHA solution is compatible with your business software to allow you to share your documents. 

3.3 Limitations of the Service  

Registration on the Site is open to all Health Professionals who request it in return for a maximum  percentage of 18% on the price of the consultation or service offered by the health practitioner  (stipulated on the institutional site page https://www.seha.ma/

 

« Practitioners' Area ». Thus, only Health Professionals who have registered on the Site can benefit  from all the features offered by SEHA and be identified during a search.  

The Service of searching for a Health Professional and making an appointment online is almost  free of charge to the Patient. However, the Patient acknowledges and accepts that the Medical  Service provided by the Healthcare Professional registered on the Site is subject to payment in  accordance with the healthcare agreements in force at this Healthcare Professional and according  to the place and time of consultation if the consultation is done at home, or on the SEHA platform. 

This payment is made between the Patient and the Healthcare Professional, but who passes  through SEHA to deduct the percentage from the price of the service.  

The Services offered allow a connection with doctors registered with the national council of the order of doctors via the website www.seha.ma and who acknowledge holding an authorization issued by the Minister of Health, in accordance with the provisions of Decree No. 2-18-378 of July 25, 2018 on telemedicine.  

The implementation of the Service by the Healthcare Professional is under the full responsibility of  the Healthcare Professional. The Company shall not be held responsible for the non-performance  or poor performance of the Service offered by the Healthcare Professional and shall not be liable  for any costs incurred by the Patient in this regard. The use of the Service by the Healthcare  Professional does not exempt or mitigate in any way the Healthcare Professional from his  professional obligations and responsibility towards the Patient. 

 3.4 Emergency situations 

The Service offered by the Company is not an emergency service. Each request for an  appointment made by the Patient is subject to the acceptance of the Practitioner. The Company  shall not be held responsible for the unavailability of a Health Professional, the delay in accepting  the appointment, or its modification or cancellation. Consequently, in an emergency situation, the  Patient should not use the Service and should contact directly the emergency services located  near him. 

4. Information provided by Healthcare Professionals

The Service is offered by the Company at the request of the Healthcare Professional. As part of  his membership to the Service, the Company provides the Healthcare Professional with a page  on which he can enter information about himself or about his medical practice (INPE, Registration  Number with the Medical Association, Diplomas, Visiting Card etc...). This information is provided  by the Health Professionals: it is not verified or validated by SEHA and is under the sole  responsibility of the Health Professional who certifies on his or her honor that all personal  information is true. The User certifies that he/she has fully understood this point.  

5. RRules for using the service 

5.1 Conditions of access to the service  

The Service is open to all but its use is subject to the following conditions: 

• Be of age  

• The Patient User can use the Services on behalf of third parties over whom he has parental  authority or for whom he is recognized as guardian or curator in accordance with Moroccan  law  

• Acknowledge having read and understood the entirety of these Terms of Use, and accept  them without restriction or reservation 

• Consent to the collection and processing of personal data in order to ensure the proper  functioning of the Service, and this in strict compliance with our Privacy Policy and the rules  of personal data protection in force 

• Create a personal account and provide the information necessary for the proper functioning  of the Service for making appointments and other services offered. 

• Access the Service using your real identity and undertake to provide authentic information  when creating the Patient account  

• Under no circumstances can the Company be held responsible for the fraudulent use of a  User's account if the User has directly or indirectly, voluntarily or involuntarily informed a  third party of his/her password  

• SEHA declines all responsibility in the event of a dispute, for whatever reason, between the  Patient and a Healthcare Professional  

• In no case SEHA can be held responsible in case of a bad progress of a consultation at  home  

5.2 Online Appointment Booking Service  

The Patient can, at any time, make an appointment online with a Healthcare Professional  available to answer this request, either face-to-face or by video.  

Each appointment is transmitted in real time to the Healthcare Professional.  

The Patient can also manage his appointments (cancellation, modification) and follow the history  of his appointments.  

The Patient requests and therefore authorizes the Healthcare Professional, via SEHA, and/or  SEHA to send him/her SMS and emails whose purpose is to deliver information about the  appointments he/she has made on the Site.  

It is the Patient's responsibility to make all verifications that seem necessary or appropriate before  proceeding with any appointment with one of the Healthcare Professionals registered on the Site.
SEHA is in no way responsible for the accuracy of the information appearing on the page of each Health Professional. The accuracy and currency of such data is the sole responsibility of the  Healthcare Professional.  

The use of the Services does not dilute, modify or mitigate, directly or indirectly, the responsibility  and obligations of the Healthcare Professionals registered with the Services towards the Patients. 
Healthcare Professionals carry out their professional practice in full independence, according to  their personal ethical, legal and regulatory obligations and under their exclusive responsibility.  

5.3 Rules of good conduct on the site 

Access to the Service offered by the Company implies that the User agrees to respect a charter of  good conduct.  

The use of the Service is subject to the acceptance and strict compliance with the rules below:  

• The Patient is reminded that the use of the Service to make an appointment constitutes a  firm commitment on his part to the Health Professional. The Patient agrees to assume all  the consequences of not attending one or more appointments (temporary or permanent  suspension of his account) 

 

• The Patient agrees to notify the Health Professional in case of inability to attend an  appointment made via the application or a cancellation of an appointment request at home  or for a third person. To do so, he/she must use the "Cancel appointment" feature.  

• The Patient agrees not to unnecessarily move any Health Professional at home  

• The Patient agrees, in the case of a home visit, to receive the Health Professional in a  respectful and safe manner  

• The Health Care Professional is informed that acceptance of an appointment via the SEHA 

• SEHA Service constitutes a firm commitment on his part to the Patient, and that any non attendance at a scheduled appointment must be the subject of prior information of  cancellation or postponement to the Patient concerned. This information can be provided  either via the cancellation system offered on the Application, or by one of the means of  contact of the Patient  

• The Healthcare Professional is also informed that if he/she is declared absent from three  of the appointments to which he/she is committed, without prior cancellation, it will no longer  be possible for him/her to accept other appointments until SEHA's Management unblocks  the possibility of making appointments  

• The User agrees to keep his/her username and password confidential in order to protect  the personal data he/she provides  

• The User undertakes to use the Service for personal purposes only: the Service may not  be used in any way for commercial or profit-making purposes, and in particular may not be  used in any way to collect commercial information  

• The User undertakes not to access and use the Site or the Service provided by the  Company for illicit purposes or with the aim of causing damage to the reputation and image  of the Company or more generally to infringe the rights, in particular the intellectual property  rights, of the Company and/or the Health Professionals  

• The User undertakes not to use devices or software other than those provided by the  Company in order to affect or attempt to affect the proper functioning of the Site or the  Service or to extract or modify all or part of the Site,  

• The User undertakes not to copy all or part of the content present on the Site on any  medium whatsoever without written authorization from the Company  

• In general, the User agrees to access and use the Site and Services in good faith, in a  reasonable manner, not contrary to the terms of this Charter and for strictly personal use  and non-profit purposes.  

In the event of failure to comply with one or other of these commitments, and without this list  being restrictive, the User acknowledges and accepts that the Company shall have the right to  unilaterally and without prior notice refuse him/her access to all or part of the Website.  

5.4 Processing of personal data 

The User undertakes to provide accurate personal contact information and any other information  required to access the Site's Services and to update this information regularly if necessary.  

In Morocco, in accordance with the law n°09-08 promulgated by the Dahir 1-09-15 of February 18,  2009, relating to the protection of physical persons with regard to the processing of personal data, you benefit from a right of access and rectification of the information which concerns you, which  you can exercise by addressing to [email protected].. You may also, for legitimate reasons, object  to your data being processed.  

6. Limitation of responsibility 

6.2 Availability of the Service  

The Company makes its best efforts to make its Service available 24 hours a day, 7 days a week.  However, given the specificities of the Internet network, the Company offers no guarantee of  continuity of service, being bound in this respect only by an obligation of means.  SEHA may not be held liable for any interruption of the Services, regardless of the cause, duration  or frequency of such interruption.  

6.3 Modification of the Site 

The Company reserves the right to modify or interrupt, at any time, temporarily or permanently, all  or part of the Service without prior notice to Users and without right to compensation. 

6.4 Responsibility of the User 

The User is solely responsible for the use he makes of the Website and the Service he accesses  from the Website.  

Any software downloaded by the User, or obtained in any other way when using the Service, is  done so at the User's own risk.  

The Company shall not be liable in any way for any proceedings brought against the User who is  guilty of any improper use of the Website and/or the Service it provides.  

The User acknowledges and agrees in this regard that he/she will be personally responsible for  any claim or proceeding brought against the Company as a result of his/her non-compliant use of  the Service and/or the Website. 

6.5 Force majeure  

The Company shall not be held liable if the performance of any of its obligations is prevented or  delayed due to a case of force majeure as defined by the jurisprudence of the Moroccan Courts,  including natural disasters, fires, malfunction or interruption of the telecommunications network or  the electrical network. 

7. Complaints and cancellation of the Service 

For any information relating to the functioning of the Service accessible via the Website, the User  is invited to refer to the « Contacts » section on the Website. 

8. Protection of distinctive signs 

The Company's trademarks, logos, corporate names, acronyms, trade names, signs and domain  names that allow access to the Service constitute distinctive signs that cannot be used without the  express prior authorization of their owner.  

Any representation, reproduction or exploitation of these distinctive signs, in whole or in part, is  therefore prohibited and constitutes trademark infringement, pursuant to the provisions of the  OMPIC Intellectual Property Code, and usurpation of a corporate name, trade name and domain  name, which will engage the tort liability of its author.