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.