Terms of Service

Please read these terms carefully. By using our services, you agree to be bound by these terms and conditions.

Effective Date: January 2026

Welcome to Penny Medical Tourism Agency (hereinafter referred to as "Penny," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our telemedicine platform, website, mobile applications, and all related digital tools and services (collectively referred to as the "Services").

Important Notice

Please read these Terms carefully before accessing or using our Site or Services. By visiting, accessing, or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of the Site and Services immediately.

Updates to These Terms

Our Site and Services are continually evolving. Penny reserves the right to amend, modify, update, or remove any portion of these Terms at its sole discretion and at any time, with or without prior notice, except where advance notice is required by applicable law. Users are encouraged to review these Terms periodically to remain informed of any changes.

Any updates to these Terms become effective immediately upon posting on the Site unless otherwise stated. Continued use of the Site or Services following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree with the updated Terms, your sole remedy is to stop using the Site and Services.

1Eligibility

To access or use the Services, you must be at least 18 years of age and legally capable of entering into binding contracts under the laws of the Republic of Zambia.

If you access or use the Services on behalf of a minor or dependent, you confirm that you are the parent or legal guardian of that individual and that you provide consent for their use of the Services in accordance with these Terms and applicable laws.

2Description of Services

Penny provides digital tools and infrastructure that enable patients ("Users") to connect with licensed healthcare professionals ("Providers") who are registered with the Health Professions Council of Zambia (HPCZ) or other applicable regulatory authorities.

The Services facilitate virtual healthcare interactions, including consultations, medical advice, prescriptions, referrals, and follow-up care, through secure video, audio, and electronic messaging technologies.

Penny does not provide medical care or clinical services directly. All medical advice, diagnosis, and treatment are provided exclusively by independent, licensed healthcare Providers. Penny's role is limited to enabling access to these Providers through its technology platform.

3Nature of Telemedicine

Telemedicine involves the use of electronic communication technologies to exchange medical information between Users and licensed healthcare Providers for purposes such as diagnosis, treatment, follow-up care, and health education.

By using the Services, you acknowledge and understand that:

  • Your healthcare Provider will not be physically present during consultations
  • Medical assessments may be limited to visual, verbal, or written information provided during the consultation
  • The accuracy of diagnosis or treatment may be affected by technological limitations, connectivity issues, or incomplete information
  • Certain medical conditions may require in-person evaluation, testing, or emergency care outside the telemedicine environment

4Potential Benefits of Telemedicine

The use of telemedicine Services may offer several advantages, including but not limited to:

  • Improved access to qualified healthcare professionals regardless of geographic location
  • Reduced travel time and associated costs
  • More timely access to medical advice, prescriptions, referrals, and follow-up care
  • Increased convenience and continuity of care

5Potential Risks and Limitations

You acknowledge that telemedicine services also carry inherent risks, including but not limited to:

  • Technical failures, such as internet connectivity issues, software malfunctions, or device limitations
  • Delays in medical evaluation or treatment due to communication challenges
  • Reduced ability to conduct comprehensive physical examinations
  • A limited risk of unauthorized access to personal or health information, despite the implementation of reasonable security safeguards

By using the Services, you accept these risks and understand that telemedicine may not be appropriate for all medical conditions or situations.

Account Registration and Data Accuracy

Access to certain areas of the Penny Medical Tourism Agency platform requires the creation of a registered user account ("Account"). While general browsing of the Site may be permitted without registration, access to telemedicine and related Services is strictly limited to users who successfully register and maintain an active Account.

During registration, you are required to provide accurate, complete, and current information, including your full legal name, email address, password, and any additional information reasonably necessary to deliver healthcare-related Services ("Account Information"). By registering, you confirm that the information provided is truthful and lawful and agree to promptly update your Account Information to ensure ongoing accuracy.

You may maintain only one Account, except where sub-accounts are created for minors under your legal guardianship. Account credentials are personal and non-transferable. You may not share, sell, assign, or permit access to your Account to any third party, nor may you access another person's account without authorization.

You are solely responsible for safeguarding your login credentials and for all activities conducted under your Account. You must immediately notify Penny of any suspected unauthorized access, data breach, or misuse of your Account.

Payments, Billing, and Regulatory Compliance

All consultation fees and service charges are transparently disclosed prior to booking. By confirming a consultation, you authorize Penny to process payments through secure and compliant payment providers in accordance with regulations issued by the Bank of Zambia, ZICTA, and applicable financial transaction laws.

You agree to pay all fees associated with your use of the Services in accordance with the pricing in effect at the time of service. By submitting valid payment details, you authorize Penny to charge your designated payment method for all applicable fees without requiring further consent.

Where Services are covered by an employer, insurer, or government program, any applicable fee adjustments will be reflected accordingly. You remain responsible for confirming eligibility and reimbursement arrangements.

For appointment-based Services, failure to cancel or reschedule at least 24 hours in advance may result in a missed-appointment fee, except where a shorter or longer notice period is required by law or communicated in writing.

Payment Methods

Penny does not accept cash, checks, money orders, or direct insurance reimbursements, except where expressly stated for certain clinical services. Accepted payment methods include major credit and debit cards.

By submitting payment information, you authorize Penny or its designated payment processor to charge the specified payment method for all applicable fees as they become due. If a payment method expires or is declined, you agree to promptly provide updated payment information. Services will not be rendered until full payment has been received and verified.

Electronic Communications and SMS Consent

Penny may communicate with you via SMS, email, in-app notifications, or other electronic means to support the operation of your Account and delivery of Services. These communications may include appointment reminders, administrative notices, privacy updates, service announcements, and legally required disclosures.

By providing your mobile number and accepting these Terms, you expressly consent to receive SMS Communications, in accordance with applicable telecommunications regulations, the Zambia Data Protection Act, GDPR, and HIPAA where health information is involved.

You may withdraw consent to receive SMS messages at any time by replying "STOP". Upon receipt of such request, Penny will send a confirmation message and cease further SMS Communications, except where legally required. Support is available by replying "HELP" or contacting Penny through official support channels.

Alternative Communications and Data Security Notice

You acknowledge that electronic communications, including email and SMS, may carry inherent security risks. While Penny implements appropriate safeguards consistent with HIPAA Security Rule, GDPR Article 32, and the Zambia Data Protection Act, absolute confidentiality of electronic communications cannot be guaranteed due to factors beyond Penny's control.

Data Protection, GDPR, and HIPAA Compliance

Penny processes Personal Data and Health Information in accordance with applicable data protection and healthcare privacy laws, including:

  • The Zambia Data Protection Act
  • The General Data Protection Regulation (GDPR), where applicable
  • The Health Insurance Portability and Accountability Act (HIPAA), where U.S. protected health information is involved

Personal Data is processed only on lawful bases, including user consent, contractual necessity, legal obligation, legitimate interests, or the provision of healthcare services. Access to Personal Data is restricted to authorized personnel and vetted service providers acting under written data-processing agreements.

Where required, Penny acts as a Data Controller under GDPR and a Business Associate under HIPAA, implementing safeguards to prevent unauthorized access, disclosure, alteration, or destruction of Personal Data.

Users retain rights under applicable law, including the right to access, correct, delete, restrict, object to processing, or obtain a portable copy of their Personal Data.

Termination of Account and Services

You may terminate your Account and discontinue your registration with Penny Medical Tourism Agency at any time, for any reason, by submitting a written request to info@pennymedtour.com. Upon receipt of such request, Penny will process the deactivation of your Account in accordance with applicable legal, regulatory, and record-retention requirements.

Penny reserves the right, at its sole discretion and subject to applicable law, to suspend, restrict, or terminate your access to the Site, Services, or Account at any time, with or without prior notice. Grounds for termination may include, but are not limited to, violations of these Terms of Service, misuse of the platform, security concerns, legal or regulatory obligations, or actions that may expose Penny, healthcare providers, or other users to risk.

Following termination, Penny may retain, delete, or securely destroy communications, records, and materials in accordance with the Zambia Data Protection Act, GDPR, HIPAA, and other applicable regulations.

Security

Penny requires users to establish unique login credentials, such as a username and password, to access protected areas of the Site. These credentials are used to authenticate identity and eligibility and to safeguard sensitive personal and health information from unauthorized access.

To protect data transmitted through the Site, Penny employs industry-standard technical safeguards, including Secure Sockets Layer (SSL) encryption or comparable technologies. Additional administrative and organizational measures are implemented to protect Personal Data and health information in compliance with the HIPAA Security Rule, GDPR Article 32, and the Zambia Data Protection Act.

Despite these safeguards, you acknowledge that no electronic system is entirely immune from risk. You agree to exercise reasonable care, caution, and judgment when using the Site and Services.

Acceptable Use Policy

By accessing or using the Site or Services, you agree to comply with all applicable laws and regulations and to use the platform in a lawful, respectful, and responsible manner. You agree that you will not, directly or indirectly:

  • Transmit, upload, or distribute any content that is unlawful, infringing, harmful, abusive, harassing, defamatory, threatening, hateful, obscene, or otherwise objectionable
  • Send unsolicited advertising, promotional materials, spam, phishing messages, or chain communications
  • Misrepresent your identity, credentials, affiliations, or authority
  • Collect, harvest, or disclose personal or health information of other users without authorization
  • Interfere with, restrict, or disrupt another person's use of the Site or Services
  • Attempt to gain unauthorized access to the Site, user accounts, databases, networks, or systems connected to the Site
  • Reverse engineer, decompile, disassemble, or otherwise attempt to extract source code or underlying technology of the Site
  • Deploy automated tools, including bots, scrapers, spiders, or similar mechanisms
  • Introduce viruses, malware, spyware, worms, or any code intended to damage, disrupt, or compromise systems or data
  • Violate any applicable laws, including data protection, telecommunications, cybersecurity, or wire-tap laws
  • Use abusive, threatening, harassing, or bullying language toward Penny staff, Healthcare Professionals, or other users
  • Engage in discriminatory conduct or create a hostile environment based on protected characteristics

Enforcement

Any violation of this Security or Acceptable Use Policy may result in corrective action, including warnings, suspension, termination of access, removal of content, reporting to regulatory bodies, or legal proceedings, as permitted under applicable law.

Intellectual Property Rights and Data Protection Alignment

All content, software, databases, designs, documentation, text, images, audio-visual works, trademarks, service marks, logos, trade names, patents, trade secrets, and other proprietary materials made available on or through the Site (collectively, the "Materials") are owned by or licensed to Penny Medical Tourism Agency and are protected by the Copyright and Performance Rights Act of Zambia, applicable intellectual property laws, and international conventions.

Nothing in these Terms transfers ownership of intellectual property or grants rights beyond those expressly stated. Access to the Site does not confer any rights in Penny's Materials except a limited, revocable, non-exclusive, non-transferable license for personal, lawful, non-commercial use.

GDPR Liability Allocation and Role Clarification

For purposes of the General Data Protection Regulation (EU) 2016/679 (GDPR):

  • Penny acts as a Data Controller with respect to personal data collected and processed for the operation, administration, security, analytics, and improvement of the Site and Services
  • Penny may act as a Data Processor where it processes personal data strictly on documented instructions from healthcare providers, insurers, or institutional partners who qualify as Data Controllers
  • Independent healthcare providers using the platform act as separate and independent Data Controllers for personal data and health data processed in connection with the delivery of medical services

Penny is not responsible for the privacy practices, compliance failures, or data processing decisions of independent Providers or third parties acting as separate Data Controllers.

HIPAA Status and Business Associate Limitations

Where applicable under United States law, Penny may function as a Business Associate solely to the extent it creates, receives, maintains, or transmits Protected Health Information (PHI) on behalf of covered healthcare providers.

Penny does not:

  • Provide medical diagnosis or treatment
  • Control clinical decision-making
  • Act as a healthcare provider under HIPAA
  • Assume responsibility for provider compliance with professional, ethical, or licensing obligations

Each healthcare provider is independently responsible for compliance with HIPAA, professional regulations, and applicable medical laws.

Third-Party Websites and Data Responsibility

The Site may contain links to external websites or platforms operated by third parties. Penny does not control, operate, or endorse these third-party websites and is not responsible for their content, security, availability, or data protection practices.

Once you leave the Site, Penny's obligations under the GDPR, HIPAA, or Zambian law no longer apply to data collected by third parties acting as independent Data Controllers. Users are encouraged to review third-party privacy policies before engaging with external services.

Third-Party Interactions and Limitation of Liability

Any interactions, transactions, communications, or relationships between you and third parties—including healthcare providers, insurers, payment processors, logistics partners, or other users—are solely between you and such third parties.

Penny:

  • Does not guarantee third-party performance or compliance
  • Does not supervise clinical decisions or outcomes
  • Does not assume responsibility for third-party acts or omissions
  • Is not liable for losses, damages, or disputes arising from third-party interactions, except where liability cannot be excluded under applicable law

Jurisdiction and Cross-Border Use

The Site and Services are owned, controlled, and operated by Penny Medical Tourism Agency from its offices within the Republic of Zambia. Individuals who access the Site from locations outside Zambia do so voluntarily and on their own initiative and are solely responsible for ensuring compliance with all applicable local, national, or international laws and regulations.

Access to the Site from jurisdictions where the content, services, or functionality of the Site is unlawful, restricted, or subject to penalties is strictly prohibited. By accessing or using the Site or Services, you expressly consent to the collection, transfer, storage, and processing of your data in Zambia and in other jurisdictions as described in these Terms.

Disclaimer of Warranties

The Site, Services, and all Materials are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by applicable law, Penny disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and availability.

Penny does not warrant that the Site or Services will be uninterrupted, error-free, secure, or free of harmful components such as viruses or malware, nor that any defects will be corrected. Penny makes no representations regarding the accuracy, reliability, or outcomes resulting from the use of the Site or Services.

Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above limitations may not apply to you.

Limitation of Liability

To the maximum extent permitted under applicable law, Penny, its directors, officers, employees, agents, contractors, independent healthcare providers, insurers, employers, sponsors, or affiliated entities shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to your use of, or inability to use, the Site, Services, or Materials, even if advised of the possibility of such damages.

Where liability cannot be excluded under applicable law, Penny's total liability shall be limited to the minimum amount permitted by law or, where applicable, to the fees paid by you for the specific Services giving rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Penny, its affiliates, directors, officers, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising directly or indirectly from:

  1. Your breach of these Terms or applicable laws
  2. Your misuse of the Site or Services
  3. Your violation of any third-party rights
  4. Your conduct in connection with the Site or Services

Provider Disclosures and Clinical Records

All healthcare Providers offering licensed clinical services through the Site hold valid professional licenses issued by the relevant regulatory authorities in the jurisdictions where they practice. Providers possess the requisite academic qualifications and professional training required by applicable law.

Complaints regarding clinical care may be reported directly to the relevant professional licensing or regulatory body.

Clinical records generated through the use of clinical Services will be securely retained by Penny in accordance with applicable Zambian law, professional healthcare standards, and, where applicable, HIPAA requirements, for no less than the legally mandated retention period, which is typically a minimum of ten (10) years.

Geographic Availability

Penny makes no representation that the Site, Services, or Materials are appropriate, lawful, or available for use outside Zambia. Availability of Services may vary depending on location, regulatory requirements, and provider licensing restrictions.

Governing Law, Jurisdiction and Dispute Resolution

These Terms, your use of the Site, and any disputes arising therefrom shall be governed by and construed in accordance with the laws of the Republic of Zambia, without regard to conflict-of-law principles. Where applicable, mandatory consumer protection, data protection, and healthcare regulations of other jurisdictions shall apply.

You agree to make reasonable efforts to resolve disputes amicably, including through mediation where appropriate, and to be bound by the limitations of liability set forth in these Terms.

Severability

If any provision of these Terms is held to be unlawful, invalid, or unenforceable, such provision shall be severed, and the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

Contact Information

For questions, concerns, complaints, or reports of violations relating to these Terms or the Site, you may contact Penny Medical Tourism Agency using the details below:

Penny Medical Tourism Agency

Location:
Republic of Zambia

Serving:
International Clients

Acceptance of Terms

By using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These Terms constitute a legally binding agreement between you and Penny Medical Tourism Agency.

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