TERMS AND CONDITIONS FOR CUSTOMERS

Udoka

These Terms and Conditions are effective and they were last updated in June, 2024.

Welcome to Udoka Professional Service Providers. We are a Company that is registered as per the laws of Kenya and hence eligible to conduct and or carry business in such legal capacity. Our Terms and Conditions are designed to govern the relationship between our company (‘Udoka’) and you (‘Counselee’ ‘Clients’ ‘Customers’ ). These Terms and Conditions outline the expectations, rights, and responsibilities for all parties involved in our services. By engaging with our company as a professional, you agree to adhere to these Terms and Conditions.

By accessing or using our services it becomes legally binding and reinforces the enforceability of the agreement. The Laws of Kenya have the jurisdiction in which these terms and conditions (agreement) are governed hence help determine the laws to apply. In the event that any part of these Terms and Conditions is declared invalid or unenforceable, the remaining provisions will still apply.

Udoka (‘we’ /’us’) reserve the right to amend or update the Terms and Conditions and we shall inform you of any potential changes that is:  insertion, deletion or addition of a clause or details of the agreement in the future.

ABOUT US: Udoka Company is dedicated to providing professional Counsellors to Counselee’s seeking mental health services. This is filing in a form for services you want and you go through the list of Counsellors and you choose which specific or any you would like to provide the services to you. As set forth in this terms and conditions.

Our goal is to make Kenya a healing Nation for effective nation building. We strive to provide you with a platform of ease access at the comfort of your home and offices. We engage zealous, committed and dedicated Counsellors to deliver high- quality services tailored to meet the needs of the Counselees. For inquires, further information or disputes, please contact us at:

Phone number:

Email address: info@udoka.net

Website: https://udoka.net

Social media handles:

We have outlined the definitions of various terminologies used in these Terms and Conditions for easier understanding. Herein after, we have given a clear description of the rights and expectations of you- the Client.

1. INTERPRETATIONS AND DEFINITIONS :
   • ‘Company / Udoka ’: refers to a legal entity which has rights, liabilities and legal capacities to engage in a business or commercial activity for profit.
   • ‘Account’: means a unique account created for you to access our service or parts of our services.
   • ‘Counsellor’: means a person registered under the Counsellors and Psychologist Board of Kenya to offer professional evaluations, inform, and suggest to enhance the Client’s ability to solve problems.
   • ‘Client / Counselee / Customer ’: means any person going through normal life challenges and needs counselling services.
   • ‘Device’: means any device that can access our service such as a computer, mobile phone or a digital tablet.
   • ‘Website’: refers to the Company’s link that the Counsellor shall access and make the necessary applications for connection purposes.
2. PURPOSE OF THE PLATFORM:
   • The purpose of this platform is to provide the Client with access to the services and contents as herein included.
   • The Company’s sole intention and existence shall be to aid you to connect with a Counsellor for mental health services.
3. CONNECTIONS:
   • The platform serves to facilitate direct connections between you and the Counsellor through electronic medium. You shall utilize a device of your preference.
   • Firstly, Udoka Company has a website; a click to it makes it possible for a Counsellor to make the required applications. The Counsellor is required to relinquish both the academic and professional certificates. Thereafter, the Company shall verify the certificates and a Counsellor eligible to provide the mental health services shall be registered.
   • Once the registration is done you shall be connected with the Counsellor. The Connection is done in either of two ways. I.e. The website provides a criteria which enables the algorithm to select the best matches for requests made. This means that a Counsellor shall get an invite along with other Counsellors who practice in the same professional field for the services you have requested for. They will then choose to and / or not to respond to your invite. The invitation will be received through your email address.
   • Alternatively, you shall get a connection by filling in a form for mental health services you want and you shall choose a Counsellor offering the professional services as matched by the algorithm. You will check the Counsellor’s inbox vide the Email and it shall be up to the parties to make the connections.
   • If a Counsellor of your choice fails to connect or verify or accept your invite, you will be notified of this and presented with an opportunity to make another selection.
   • Our services shall be available and enjoyed by Clients in the diaspora too. Even so they shall be governed by the Laws of Kenya.
4. MODE OF SERVICE:
   • Our service is to create a bridge between you and the Counsellor to connect and / or get in touch. The choice of the mode of service best suitable for the parties’ falls between you and the Counsellor. You will have to choose either a physical or a virtual platform. Furthermore, we are neither tasked with scheduling nor rescheduling of the Counselling services.
5. LICENCE OF THE COUNSELLLOR :
   • The Company contracts a registered Counsellor or Psychologist or Therapist under the Counsellor and Psychologist Board of Kenya. As such, he or she is authorized to practice mental health services in Kenya. All credentials of the Counsellor are provided for upon request.
   • Additionally, the Counsellors also possess a Bachelor or Diploma in counseling from a recognized University or a Technical Institute and Vocational and Education Training representively. With at least a year in practice.
   • The Counsellors have a background in the following areas: Counselling Psychology and Social work, Marriage or Family counselling, Guidance and Counselling, Rehabilitation, Mental Health, Trauma, Vocational, Sports and Youths.
6. DATA PROTECTION :

6.1.      Udoka is committed to complying with the data protection Laws of Kenya, including but not limited to Data Protection Act (2019). We are dedicated to protecting the privacy and security of personal data collected and processed through our services. Our data processing practices adhere to the principles of lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality as outlined in the applicable laws.

6.2.      By using our services you consent to the collection, processing and storage of your personal data in accordance with our Privacy Policy and the provisions of the Data Protection Act (2019) of Kenya.

6.3.      We collect your personal data that you feed us through the website forms, cookies and your professional accounts and email address.

6.4.      The reason behind collecting your personal data is to enable us to provide our professional services and improve your experience with our services.

6.5.      In adherence to data privacy and protection regulations, the Company retains and protects the data given to it. The information obtained only serves the intended purpose that is verification and linkage between the targeted parties.

6.6.      We retain your personal data for as long as necessary to fulfill the purposes outlined in this privacy policy, unless a longer retention period is required or permitted by law. Once the retention period has expired, we will securely delete or anonymize the personal data in accordance with our data retention policies, unless we are legally required to retain it for a longer period or if necessary for legitimate business purposes.

6.7.      We provide a system that enables you to access, rectify, erase, restrict processing and object to processing of your personal data without your consent.

6.8.      We are alive to the fact that your data is sensitive and hence it is encrypted during transmission and storage to protect it from unauthorized access, disclosure, alteration or destruction.

6.9.      We reserve the right to update or modify the Privacy Policy and we shall inform or notify you of such changes.

6.10.     Our website utilizes the essential type of cookies to enhance user experience and optimize our services. The essential cookies are necessary for the functioning of our website and cannot be disabled in our systems. They are usually set in response to actions made by you, such as setting your privacy preference, logging in, or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site may not function properly.

6.11.     If you have any questions or concerns regarding our data protection practices or wish to exercise your rights under the data protection laws of Kenya, please contact us using the provided contact information.

7. CONFIDENTIALITY:
   • The Company does not get involved with the therapeutic relationship of the Counsellor and the Client. Hence, it does not have access to confidential information of Client except in simple professional reports.
   • We understand the sensitive nature of the information shared for a Counselee. Therefore, we pledge to maintain strict confidentiality regarding your communications and information disclosed.
8. SOCIAL MEDIA :
   • The Company is not liable for any conversations or comments you make on any social media platform. As such we do not endorse any information you describe, propose or mention.
   • The social media platform is for marketing, publicity and awareness creation purposes only and therefore conversations are not to be taken as treatments.
   • Any outbursts or negative feedbacks on the social media platforms shall not be taken seriously because that is not our official channel.
9. GOVERNANCE:
   • These Terms and Conditions between the Company and the Client are subject to the Laws and Regulations of Kenya.
10. COMPLAINS AND SATISFACTION:
    • Any complain or recommendations shall be well written and presented to us via our official email address.
    • We shall give review forms having in mind that, there can be no guarantee for Client satisfaction because we are not directly involved in your interaction with your Counsellor. We evaluate our services from your perspective so that we can incorporate any suggested improvements.
    • The Company does not offers mental wellness services to you but rather we connect you to a Counsellor. Therefore, you shall accept liability and take full responsibility for your mental health. As such, we agree to completely indemnify and hold blameless for all disputes against each other, which may arise through the use of this platform.
    • Any outbursts or negative feedbacks on social media platforms will not be taken seriously because that is not our official channel for communication between us.
11. LIABILITY:
    • We shall not be liable if your Counsellor intentionally and unlawfully exposes your personal data or treatment without your consent or in instances with exemptions.
    • We shall not be liable for poor outcome during therapy caused by your dishonesty or your Counsellor’s unprofessionalism or professional misconduct during your treatment.
    • We shall not be liable and/ or responsible for any or all legal actions sought against you or any legal action you seek against your Counsellor during or after the fact.
12. DISPUTE RESOLUTIONS :

15.1.           Any dispute arising out of or in connection with this agreement shall be resolved through mediation administered by a mediator (a trained and certified mediator from Kenya Institute of Arbitrators)   agreed upon. If mediation is unsuccessful, the parties agree to submit the dispute to binding arbitration before a single arbitrator is  appointed in accordance with the arbitration rules of ( the Chartered Institute of Arbitrators Kenya Branch or the International Arbitration- a  trained and  certified Arbitrator ) .The decision of the arbitrator shall be final and binding upon both parties. Each party shall bear its own costs associated with mediation and arbitration proceedings, unless otherwise agreed upon in writing.

15.2.           In the event that the ADR Mechanisms fail, either party can institute a suit before a Court of Law with competent jurisdiction.

13. TERMINATION AND FOLLOW- UP:
    • A follow- up and assessment programme is set up for you to evaluate the service delivery and any other issue deemed fit.
    • You can always end your agreement with us, and you can do so by ceasing to use the account provided for you.
    • The Company shall revoke, limit and / or deactivate or block you from accessing our services if there are complains of any sought against you from the Counsellors.
    • The Company shall terminate its services to the Client after you have categorically stated that you wish for the same.

If you do not agree with any section or /and statement within these terms of conditions, which govern the operation of services, please do not seek services or consume any product from any platform set with the trade name.

COUNSELEE’S / CLIENT’S DECLARATIONS AND CONSENT:

By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined herein. You consent to the collection, use, and disclosure of your personal information in accordance with our privacy policy. Furthermore, you declare that you are of legal age to enter into contracts, or if not, that you have obtained parental or guardian consent to use our services.

You agree to comply with all applicable laws and regulations while using our services and understand that any violation may result in termination of your access. By clicking ‘agree’ or continuing to use our services, you affirm your acceptance of these terms and conditions.