Legal
Terms of Service
Effective date: [Effective date — to be confirmed]
These Terms of Service (“Terms”) govern access to and use of the Kaira Healthcare platform. They apply to agencies, the carers and sponsors an agency adds, and anyone else who uses the platform.
1. Acceptance of these terms
By creating an account, accessing, or using the Kaira Healthcare platform (the “Platform”), you agree to these Terms. If you are entering into these Terms on behalf of a home-care agency, you confirm you have authority to bind that agency, and “you”/“Agency” refers to that agency. If you do not agree, do not use the Platform.
2. Definitions
- “Kaira Healthcare”, “we”, “us” — the Kaira Healthcare service, operated by Sanka Ventures, a registered business in The Gambia.
- “Platform” — the Kaira Healthcare web application and related services.
- “Agency” — a home-care provider that has registered an account to manage its operations on the Platform.
- “Carer” — an individual carer or support worker added to the Platform by an Agency to deliver and record care visits.
- “Sponsor” — a family member, next of kin, or other person authorised by an Agency to receive updates about, or otherwise be associated with, a Client’s care.
- “Client” — the individual receiving home care through an Agency, whose care is recorded on the Platform.
3. Description of service
Kaira Healthcare provides software for home-care agencies to roster carers, schedule and log visits, record care notes, send WhatsApp/email updates to sponsors, and manage invoicing. Kaira Healthcare does not itself provide care, employ carers, or have a direct care relationship with any Client — the Agency is the care provider in every case.
4. Kaira Healthcare is software, not medical care
Kaira Healthcare is care-management software. It is not a medical device, does not provide medical or clinical advice, diagnosis, or treatment, and is not a substitute for the professional judgement of qualified carers, nurses, or clinicians.
All clinical and care decisions — including what care to provide, how to respond to a change in a Client’s condition, and whether a situation requires professional medical attention — remain the sole responsibility of the Agency and its qualified staff, not Kaira Healthcare.
Reminders (e.g. medication reminders) and records generated by the Platform are administrative aids only, and must not be relied on as the sole safeguard for a Client’s health or safety.
In a medical emergency, call local emergency services immediately. Do not rely on the Platform (visit check-ins, alerts, or messages) as an emergency-response system — it is not monitored for emergencies and messages may be delayed.
5. Account registration and responsibilities
Agencies are responsible for:
- the accuracy of all information entered into the Platform;
- keeping login credentials confidential and restricting access to authorised staff;
- ensuring Carer and Sponsor accounts they create are used appropriately; and
- obtaining all consents required (see our Privacy Policy) before entering Client personal or health data or adding a Sponsor.
Agencies must promptly update or remove information that becomes inaccurate.
6. Acceptable use
You agree not to:
- use the Platform for any unlawful purpose;
- enter data you are not authorised to hold;
- attempt to access another Agency’s data or workspace;
- interfere with or disrupt the Platform’s operation or security; or
- use the Platform to send unsolicited or abusive messages to Carers, Clients, or Sponsors.
7. Subscription, fees, and payment
Access to the Platform is provided on a subscription basis as agreed with the Agency. Fees are billed as set out in the Agency’s subscription arrangement. Late or failed payment may result in a grace-period reminder followed by suspension of access to the Agency’s account until payment is received (see Section 12, Suspension and termination). Fees are non-refundable except as required by law or expressly agreed in writing.
8. Data ownership
As between the Agency and Kaira Healthcare, the Agency owns and controls the data it and its Carers enter about its Clients and Sponsors. Kaira Healthcare processes that data solely to provide the Platform, on the Agency’s behalf and instructions, as described in our Privacy Policy. On termination of an Agency’s account, the Agency may request export or deletion of its data, subject to the retention terms in that policy.
9. Confidentiality
Each party will keep the other’s confidential information (including Client and business data) confidential, and use it only to perform its obligations under these Terms or to receive the Platform’s services.
10. Disclaimers — “as is” software
The Platform is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or free of harmful components, and we do not warrant the accuracy or completeness of any data entered by Agencies, Carers, or Sponsors.
11. Limitation of liability
To the maximum extent permitted by law, Kaira Healthcare and Sanka Ventures shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, revenue, or business, arising out of or relating to use of the Platform, even if advised of the possibility of such damages. Nothing in these Terms limits liability for death or personal injury caused by our gross negligence or wilful misconduct, or any liability that cannot be excluded under applicable law. Our total liability arising out of or relating to these Terms or the Platform shall not exceed the fees paid by the Agency to Kaira Healthcare in the twelve (12) months preceding the event giving rise to the claim.
12. Suspension and termination
We may suspend or terminate an Agency’s access to the Platform for material breach of these Terms (including non-payment, unlawful use, or a security risk to other Agencies), with notice where reasonably practicable. An Agency may terminate its subscription in accordance with its subscription agreement. On termination, access ends, and data will be handled as described in Section 8 and our Privacy Policy.
13. Governing law and disputes
These Terms are governed by the laws of The Gambia, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts of The Gambia.
14. Changes to these terms
We may update these Terms from time to time. We will update the “Effective date” above when we do, and, where changes are material, we will make reasonable efforts to notify Agencies before they take effect. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.
15. Contact us
Questions about these Terms can be sent to info@kairahealthcare.com.