Nutritionist agreement

01About this agreement

This agreement is between you and HENEXA LIMITED, a company registered in Kenya that runs Mednaire (“Mednaire”, “we”, “us”).

You accept it by ticking to agree when you submit your details in the Mednaire app. It applies from then until it ends under section 11.

Our terms and conditions and privacy policy also apply to your use of Mednaire. Where they differ from this agreement, this agreement applies to you.

02How we work together

You are an independent professional. Nothing in this agreement makes you an employee, partner or agent of Mednaire, and you can’t make commitments on our behalf.

You decide how to give your professional advice, within the standards in section 04. You provide your own phone, internet and workspace, and you pay your own costs of working.

You may work for others as well, as long as you meet this agreement, including section 08.

You are responsible for any professional indemnity cover you need for your practice.

03Registration and checks

Before you get any patients, we check:

• your registration with the Kenya Nutritionists and Dieticians Institute (KNDI) and your current practising licence;
• your national ID or passport, and a selfie so we know it’s you;
• your KRA PIN; and
• an M-Pesa number registered in your own name, for your payouts.

Everything you give us must be true and current. You must keep your licence valid for as long as you have patients through Mednaire, and tell us within 2 working days if it expires, is suspended or is withdrawn, or if your other details change.

We may ask you to confirm your details again, for example when your licence is due for renewal.

04Caring for patients

For each patient assigned to you, you agree to:

• read their profile, health conditions, medicines, food preferences and food budget before you write their plan;
• send their first plan within 2 days of them being assigned to you, so they have it well within the 3 days we promise patients;
• on 6 and 12 month plans, review them and send a new plan each month;
• reply to their messages within 1 working day, and take the voice and video calls their plan includes;
• build plans around food that is affordable and available to them, using the costs shown in the app as a guide; and
• follow the KNDI code of conduct and the law that applies to your profession.

Mednaire is not emergency or medical care. If a patient describes an emergency, or a reading or symptom that needs a doctor, tell them to get medical help straight away, and don’t give advice outside your professional training.

If you can’t care for a patient for a while, for example because of leave or illness, tell us in advance where you can, so we can arrange cover for them.

05Patients and assignment

Patients are Mednaire’s customers. We assign patients to you once their plan is paid, and they stay with you while their plan is active.

We don’t promise a minimum number of patients. We may move a patient to another nutritionist if they ask, if you’re unavailable, or if we have concerns about their care.

06Your fees

For each patient on a Standard or Premium plan, you earn a fixed fee for each month you care for them. Your fee for each plan is shown to you before you start, and on the Earnings screen in the app.

The fee is earned by the day: each day a patient is assigned to you and has an active plan counts, so a patient who joins or leaves part-way through a month earns you the share of the fee for the days you cared for them.

For some patients we may agree a different fee with you, for example where the patient has a special price. That fee is shown to you, and applies only to that patient’s plan.

From time to time we may pay a bonus for each first plan sent within a set number of days, and may take the same amount off when a first plan is late. If we do, the amount and the number of days are shown in the app before they apply.

You don’t earn a fee for a period we refund to a patient because their plan or care wasn’t given.

We may change fees by giving you at least 30 days’ notice in the app or by email. A change never applies to days of care that have already passed.

07Payment and tax

We pay what you’ve earned to your registered M-Pesa number on the pay days shown in the app. You never get more than you’ve earned, and each payout comes with a statement you can keep.

Patients pay Mednaire in advance, so your fee doesn’t depend on collecting money from them. You must not take any payment, gift or other benefit from a patient for care given through Mednaire.

If we pay you too much or too little by mistake, we’ll correct it on a later payout and show the correction on your statement.

You are responsible for your own tax. Where Kenyan law requires us to withhold tax from your fees, we deduct it, pay it to the Kenya Revenue Authority and show it on your statement.

08Working only through Mednaire

You contact patients only through the Mednaire app. You won’t see their phone numbers or their accountability partner’s, and you must not try to find or ask for them.

While this agreement lasts and for 6 months after it ends, you must not offer paid care outside Mednaire to a patient you met through Mednaire, or ask them to move to another service.

09Confidentiality and data

Patients’ health information is some of the most personal data there is. Mednaire is the data controller for it, and you handle it on our behalf, under the Data Protection Act, 2019 and our privacy policy.

You agree to:

• use patient information only to care for that patient through Mednaire;
• not copy, photograph, screenshot, download or share it, except as the app allows for their care;
• keep your phone locked and your Mednaire sign-in to yourself; and
• tell us within 24 hours at support@mednaire.com if you think patient information has been lost, seen by someone it shouldn’t have, or your account has been used by someone else.

We use your own details as our privacy policy describes, including to check your registration, pay you, and keep tax records.

These duties continue after this agreement ends.

10Plans and templates

You remain professionally responsible for the plans and advice you give.

You allow Mednaire to store the plans and messages you write, show them to the patient, and keep them as part of the patient’s record for as long as our privacy policy says.

Templates you create stay private to you. Shared templates we provide may be used only for patients on Mednaire.

11Suspension and ending

We may pause new patients or your access to the app while we look into a complaint, a concern about a patient’s care, or a possible breach of this agreement. We’ll tell you why, unless the law or a patient’s safety prevents it.

Either of us may end this agreement by giving 30 days’ notice in the app or by email, so your patients can be moved without a gap in their care.

We may end it straight away if your licence is suspended or withdrawn, if the details you gave us were untrue, or if you seriously or repeatedly break this agreement, for example by mishandling patient information.

When it ends, your patients are moved to other nutritionists, and we pay what you’ve earned up to the end on the next pay day.

12Liability

You are responsible for the professional advice you give. Mednaire is responsible for running the app, assigning patients and paying you as this agreement says.

Neither of us is responsible to the other for indirect loss, such as lost profit or lost opportunities.

Nothing in this agreement limits liability that the law doesn’t allow to be limited.

13Changes to this agreement

We may update this agreement. We’ll tell you at least 30 days before a change takes effect, in the app or by email. If you don’t agree with a change, you can end this agreement under section 11 before it takes effect. If you keep working through Mednaire after that, the change applies to you.

14Law and disputes

This agreement is governed by the laws of Kenya. If you have a concern, please contact us first; most problems are solved quickly. If we can’t resolve it, either of us may take it to the courts of Kenya.

15Contact

HENEXA LIMITED
Email: support@mednaire.com
Phone: +254 738 915 502