TERMS AND CONDITIONS FOR PROFESSIONALS

Udoka 

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

Welcome to Udoka Professional Service Providers. Our Terms and Conditions are designed to govern the relationship between our company (‘Udoka’) and you (‘Counsellors’, ‘Clients’ or ‘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 with a platform that enable them to connect with potential Counselees after buying credits as set forth in this Terms and Conditions. Our goal is to make Kenya a healing Nation hence effectiveness in nation building. We strive to provide both you and your Clients 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: 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.

INTERPRETATION AND DEFINITIONS:

• ‘Company / Udoka / We/ Us’:  refers to a legal entity which has rights, liabilities and legal capacities to engage in a business or commercial activity for profit.
• ‘Registration’: means existence of contract of service.
• ‘Account’ means a unique profile created for you to access our service or parts of our services.
• ‘Credit’: refers to the results of the transaction or subscription that shall be done by the Counsellor so as to be connected with the Counselee.
• ‘Counselee ’: means any person going through normal life challenges and needs counselling services.
• ‘Counsellor / You / Client’: means a person registered under the Counsellors and Psychologist Board of Kenya to offer professional evaluations, inform, and suggestions to enhance the Counselee’s ability to solve problems.
• ‘Supervisor’: this is a senior Counsellor who offers supervision services to young and newly registered Counsellors as per the requirements of the Counsellors and Psychologist Board of Kenya.
• ‘Website’: refers to the Company’s link that the Counsellor shall access and make the necessary applications for connection purposes.

1. PURPOSE OF THE PLATFORM:
   • The Company’s sole intention and existence shall be to aid the Counsellor to get in touch with the Counselees.
2. CONNECTIONS:
   • The platform serves to facilitate direct connections between the Counsellor and the Counselee through electronic medium. Both shall utilize a device of their preference.
   • Udoka Company has a website; a click to it makes it possible for you 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 Counselee. The Connection is done in either of two ways. i.e. The website provides a criterion which enables the algorithm to select the best matches for requests made. This means that you shall get an invite alongside other Counsellors who practice in the same professional field that the services have been requested for. You shall then choose to and / or not to respond to the invite. The invitation shall be received through your official email address. Upon receiving the invite you shall purchase the credit. Thereinafter, you shall receive the Counselee’s phone number and their email address so that you can now communicate.
   • Alternatively, a Counselee may fill a form for services they want and they may go through the list of Counsellors offering the professional services that they are seeking for. They may choose who they want as matched by the algorithm. They shall go to the Counsellor’s inbox vide the Email and it shall be up to the parties to make the connections.
   • Should you fail to connect or verify the Counselee who directly hand picks you, the information shall be relayed to us and to them and they will be given the opportunity to make another selection.
3. MODE OF SERVICE:
   • Our service is to create a bridge for you and the Counselee to connect and / or get in touch. The liability of what mode of service is best suitable for the parties’ falls between you and them. You will have to choose either physical or a virtual platform. Furthermore, we are neither tasked with scheduling nor rescheduling of the Counselling services.
4. LICENCE OF THE COUNSELLOR:
   • You must be a registered Counsellor or Psychologist or Therapist under the Counsellor and Psychologist Board of Kenya. As such, authorized to practice mental health services in Kenya. All credentials must be provided for.
   • Additionally, you must have 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.
   • You must also 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.
5. QUALIFICATIONS FOR THE COUNSELLOR :
   • You shall be required to produce original copies of your certificates for verification purposes and photocopies of the same to be retained by the company.
   • You shall have a good standing in the profession. The Company is not responsible for presumed malpractice or hurt or damage caused to a Counselee before or after this agreement.
   • You are bound by the Professional Ethics and therefore, if you are facing disciplinary case(s), you shall neither be considered nor registered for services with Udoka.
6. RECRUITMENT:
   • The Company may not broadcast jobs but rather it may give privilege to therapists seeking to connect with Counselees for the mental services. Thereto, job adverts shall be advertised within the Counsellor’s section on the website.
   • The Company shall not be liable for rejected applications done by Counsellors and Supervisors who are not part of the platform.
   • Once registered you shall be required to sign a contractual agreement and these Terms and Conditions governing our service provisions.
7. DATA PROTECTION:
   • 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.
   • 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.
   • We collect your personal data that you feed us through the website forms, cookies and your professional accounts and email address.
   • The key reason for collecting your personal data is to enable us to provide our professional services and improve your experience with our services.
   • 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.
   • 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.
   • We provide a system that enables you to access, rectify, erase, restrict processing and object to processing of your personal data without your consent.
   • 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.
   • We reserve the right to update or modify the Privacy Policy and we shall inform or notify you of such changes.
   • 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.
   • 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.
8. COMPLIANCE WITH PROFESSIONAL ETHICS :
   • The Counsellor shall uphold the six core ethical principles of Counselling which include: autonomy, non-maleficence, beneficence, justice, fidelity and veracity communication.
   • The Counsellor shall uphold values such as a positive attitude, professional skills, integrity and autonomy. He or she shall be competent and consistent in their delivery of services.
   • In the event that the Counselees give a bad review for a given Counsellor at least three times the Company shall be compelled to deregister him or her and deactivate their account.
9. CONFIDENTIALITY:
   • The Company shall not get involved with the therapeutic relationship of the Counsellor and the Counselee. Hence, it does not have access to confidential information of Counselee except in simple professional reports required during connection.
   • All communication between you and us shall be done via official emails and in case of malpractice you shall be disconnected from all systems.
   • You agree to maintain confidentiality of all disclosed information during the course of this service provision. This includes but not limited to, clients’ list, financial information, and any other information deemed confidential by either of us.
10. 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 communication channel.
11. GOVERNANCE:
    • The terms and interpretation of these Terms and Conditions shall be governed by and construed under the Laws of the Republic of Kenya.
12. 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 customers or Clients. We evaluate our services from your perspective so that we can incorporate any suggested improvements.
13. LIABILITY:
    • Udoka shall not be liable when you intentionally and unlawfully expose the data of the Client without their consent or in instances with exemptions.
    • Udoka shall not be liable for poor outcome during therapy caused by your Client’s dishonesty or professional misconduct during the Counselee’s treatment.
    • We shall not be liable and/ or responsible for any or all legal actions sought against you by the Counselee during the duration of your contract with them or after the fact.
14. TERMINATION AND FOLLOW- UP PROCEDURES:
    • A follow- up and assessment programme is set up for Counsellors 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 in accessing our services. We shall also consider inactivate Counsellors on our platform as those that have ended the agreement.
    • The Company shall revoke, limit and / or deactivate a Client’s account once there are at least three unprofessional or professional misconduct complaints against them by the Counselee. Such as sexual harassment of the Counselee or breach of confidentiality.

15. DISPUTE RESOLUTIONS:
    • 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 the mediation is unsuccessful, the parties agree to submit the dispute to binding arbitration before a single arbitrator 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.
    • In the event that the ADR Mechanisms fail they can institute a suit before a Court of Law with competent jurisdiction.
16. FEES AND PAYMENT:
    • Udoka services are available to Clients or Counsellors who purchase credits. That is by buying credits which is a fees payment. The fees payment is done electronically and hence upon confirmation of bought credits you shall gain access and you shall be connected with the Counselee.
    • We do not receive payments from Counselees for the services that you are going to offer them. It is upon you and them to agree on standard fees and mode of payment.

Any Counsellor who 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.

COUNSELLOR’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.