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TERMS AND CONDITIONS

Contractual Relationship

These Terms of Use ("Terms” and/or Terms & Conditions") govern your access or use of the applications, websites, apps, content, products, and services (the "Services," as more fully defined below in this Agreement) made available by My Clinicalls Limited and its, subsidiaries, partners, representatives, affiliates, officers and directors (collectively, "Clinicalls"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND CLINICALLS. In these Terms, the words "including" and "include" mean "including, but not limited to."

By accessing or using the Services, you confirm your agreement to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Clinicalls may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Apps and Website

An app (otherwise known as Application) is a downloadable piece of software that can run online or offline on a computer, smartphone, tablet, or other electronic devices, including smart TVs and smart watches. Clinicalls Apps are either android or iOS, or any other officially released by Clinicalls on Google Playstore, Apple Apps store and or any other platform.

A website is a collection of related web pages, including multimedia content, typically identified with a common domain name, and published on at least one web server. Clinicalls website include www.clinicalls.com, www.clinicalls.ng www.clinicalls.net www.clinicalls.com.ng, www.clinicalls.org and or any other domain owned and managed by My Clinicalls Limited.

 

Services
The Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange, schedule and/or obtain medical consultations, discussions, initial and/or second opinions, therapy sessions, nurse home services, paramedics and ambulance services, med screening, home spa and referrals to participating health providers such as laboratory referrals, pharmacy referrals, hospital referrals.

Unless otherwise agreed by Clinicalls in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN CONSULTATION, OPINION AND/OR THERAPY SERVICES, NURSE AT HOME SERVICES, AMBULANCE AND PARAMEDICS SERVICES, MED SCREENING SERVICES, AND HOME MASSAGE SERVICES THROUGH ANY OF CLINICALLS PLATFORMS (WEBSITE, ANDROID AND IOS APPS) DOES NOT ESTABLISH CLINICALLS AS A PROVIDER OF MEDICAL SERVICES OR AS A MEDICAL PRACTITIONER.

Covered Services

In this agreement, covered services are services rendered by a participating providers including laboratories, hospitals, pharmacies, massage centres and others to its customers and patients through referrals on Clinicalls platforms. The user/patient is entitled to receive the services from a participating provider under this terms and conditions.

 

License
Subject to your compliance with these Terms and Conditions, Clinicalls grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to: (i) access and use the websites and Applications on your personal devices, (phones, tablets, computer or any other such device), solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Clinicalls and Clinicalls’s participating providers.

 

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Clinicalls, or in any way relating to your use of the Clinicalls Websites, Apps and other Services, resides in the courts of the Federal Republic of Nigeria and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Federal Republic of Nigeria in connection with any such dispute including any claim involving Clinicalls or its affiliates, subsidiaries, employees, contractors, partners, officers, directors, telecommunication providers, health providers, and content providers.

These Terms and Conditions are governed by the laws of the Federal Republic of Nigeria, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

Fees and Purchase Terms.

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Clinicalls with your credit card number and details, bank details or PayPal account and associated payment information, you agree that Clinicalls is authorized to immediately invoice your account for all fees and charges due and payable to Clinicalls hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with Clinicalls to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Clinicalls, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, or agency to determine if any Services will be reimbursed.

You understand and agree that for Services such as Nurse at Home, Paramedics and Ambulance services, Med Screening services, Massage and Spa provided on an appointment basis, you will be responsible for a missed appointment fee equal to all or a portion of the fees you and or other payer would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance, unless we notify you in writing that a shorter cancellation window applies.

Clinicalls reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms and Conditions.

Restrictions
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, store, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Clinicalls; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, hacking, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Provision of the Services
You acknowledge that portions of the Services may be made available under Clinicalls’ various brands or request options associated with consultation, referrals and all other services provided on Clinicalls’ platforms. You also acknowledge that the Services may be made available under participating providers’ platforms.

Ownership
The Services and all rights therein are and shall remain Clinicalls’ property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Clinicalls’ company names, logos, product and service names, business secrets, trademarks or services marks or those of Clinicalls’ participating providers.

User Account
In order to use the Services, you are required to create and maintain an active personal account (“Account”) by entering your name, email address, password and certain other information collected by Clinicalls (collectively “Personal and Health Information”). To create an Account, you must be of legal age (i.e. 18years and above) to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use the Services. You guarantee that you are of legal age by registering on the platforms. By registering on the website, android and iOS platforms, You agree that the Personal and Health Information that you provide to us at all times, including during registration and in any information you upload for the Services will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone. You are responsible for maintaining the confidentiality of your Account password and log in details and for all activities that occur under your Account. You may not use anyone else’s account at any time. Unless otherwise permitted, you may only possess one Account.

User Requirement and Eligibility
The Services are not available for use by persons under the age of 18. You shall not authorize third parties to use your Account, and you shall not allow persons under the age of 18 to receive medical consultations or opinions from doctors and other Providers unless they are accompanied by you. You shall not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you shall only access or use the Services for lawful purposes. You shall not, in your access or use of the Services, cause nuisance, annoyance or inconvenience, and or any form of harassment, whether to patient/user, the health providers, participating providers or any other party. In certain instances, such as upon referrals, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

User Provided Content
Clinicalls may, in Clinicalls’ sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Clinicalls through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for events and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Clinicalls, you grant Clinicalls a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Clinicalls’ business and on third-party websites, apps and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Clinicalls the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Clinicalls’ use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is false, defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Clinicalls in its sole discretion, whether or not such material may be protected by law. Clinicalls may, but shall not be obligated to, review, monitor, or remove User Content, at Clinicalls’ sole discretion and at any time and for any reason, without notice to you.

User Content as stated above applies to all users, including and not limited to patients/users, health providers such as doctors, therapists, nurses, pharmacists, massage therapists, laboratory scientists, participating providers such as participating hospitals, laboratories, pharmacies, massage centres and all other users of any kind registered or and signed up on any of Clinicalls platforms.

 

Privacy

Clinicalls is required to comply with applicable privacy and security laws and maintain safeguards to protect the security of your personal and health information. Additionally, the information you provide to Health Professionals and Participating health providers on the platforms during a consultation, opinion or therapy session is legally confidential, except for certain legal exceptions described in Clinicalls’ Privacy Policy. We devote considerable effort toward ensuring that your personal and health information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements, website and app updates, administrative messages and other kind of notifications. These communications are considered part of the Services. While secure electronic messaging is always preferred to insecure email, under certain circumstances, email communication containing personal health information may take place between you and Clinicalls. Clinicalls cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by Clinicalls.


Network Access and Devices
You understand that use of the Services may result in charges to you for the services you receive ("Charges"). Clinicalls will receive and/or enable your payment of the applicable Charges for services obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees and/or surcharges.

All Charges and payments will be enabled by Clinicalls using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Clinicalls may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Clinicalls.

As between you and Clinicalls, Clinicalls reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Clinicalls’ sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Clinicalls is not obligated to always inform you of increase in charges before doing so however Clinicalls is at liberty to use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. You may elect to cancel your referral request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on behalf of the participating provider.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Clinicalls does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Communication with Health Provider outside Clinicalls Platforms

Our Health providers, doctors, therapists and others are mandated to ensure all communications with patients and users on Clinicalls take place on the Clinicalls platforms. This is to ensure continued maintenance of required professional standard. We advise our users to ensure they relate with health providers only through the platforms provided by Clinicalls. Clinincalls will not be able to assist patients/users to resolve issues arising from their communications with doctors and therapists outside the Clinicalls platforms.

 

Trademarks.

Certain of the names, logos, and other materials displayed on the website and Apps or in any other services maintained by Clinicalls may constitute trademarks, trade names, trade secrets, service marks or logos ("Marks") of Clinicalls or other entities. You are not authorized to use any such Marks without the express written permission of Clinicalls. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

 

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND APPS OR OTHER SERVICES SUCH AS NURSE AT HOME, PARAMEDICS & AMBULANCE SERVICES, MED SCREENINGS, HOME MASSAGE & SPA ARE AT YOUR SOLE RISK. BOTH THE WEBSITE, APPS AND OTHER SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLINICALLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. CLINICALLS ALSO DISCLAIM ANY LIABILITY ARISING FROM THE NEGLIGENCE OF ALL HEALTH PROFESSIONALS, PARTICIPATING PROVIDERS AND OTHER HEALTH PROVIDERS USING CLINICALLS PLATFORMS.

Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL CLINICALLS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND APPS OR THE OTHER SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.

 

Indemnification

You agree to indemnify, defend and hold harmless Clinicalls, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms of Use.

Geographical Restrictions

Clinicalls makes no representation that all products, services and/or material described on the Website and Apps, or the other Services available through the Website and Apps of it’s participating providers, are appropriate or available for use in locations within Nigeria or all territories outside Nigeria.

 

Disclosures

All Health Professionals on the Site hold professional licenses issued by MDCN and other professional licensing bodies within and outside Nigeria for various professions and countries or regions where they practice. We do well to screen the health providers before they are allowed on Clinicalls platforms. However we cannot always guarantee verity of qualifications of every health provider on the platforms. We suggest that if you notice or discover any health provider on the platform who you strongly believe doesn’t have the requisite qualification(s) to be on the platforms as a provider, kindly do well to report a complaint relating to the Health provider to us via support@clinicalls.com.

In a professional relationship such as relationship between users/patients and health providers under any of Clinicalls platforms, sexual intimacy is never appropriate and should be reported to us immediately via support@clinicalls.com. We shall make sure appropriate actions are taken as we are always in touch with appropriate professional bodies regulating various health professionals.

Disclaimer
CLINICALLS’ DOCTOR CONSULTATION AND OTHER SERVICES ARE NOT FOR USE IN EMERGENCY SITUATIONS. MORE PARTICULARLY, THE SERVICES ARE NOT TO BE USED TO SEEK OR OBTAIN MEDICAL OR HEALTH SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. CALL 112 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.

WE REINTERATE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." CLINICALLS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN ADDITION, CLINICALLS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CLINICALLS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PARTICIPATING PROVIDERS AND HEALTH PROFESSIONALS ON THE PLATFORMS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR PARTICIPATION OR USE OF THE SERVICES, AND ANY SERVICE OR GOOD OR PRODUCT PROVIDED OR REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability
CLINICALLS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF CLINICALLS, EVEN IF CLINICALLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CLINICALLS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY HEALTH PROVIDERS AND PARTICIPATING PROVIDERS, EVEN IF CLINICALLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLINICALLS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CLINICALLS’ REASONABLE CONTROL. YOU ACKNOWLEDGE THAT PARTICIPATING AND HEALTH PROVIDERS PROVIDING MEDICAL HEALTH SERVICES REQUESTED THROUGH SOME REFERRALS MAY OFFER MEDICAL CONSULTATION SERVICES.

YOU AGREE THAT CLINICALLS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY MEDICAL OR HEALTH-RELATED SERVICES PROVIDED TO YOU BY PARTICIPATING HEALTH PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A USER/PATIENT.

Assignment.
You may not assign any rights or obligations under this Agreement without Clinicalls’ prior written consent. Clinicalls may assign all or part of this Agreement.

Survival
All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.

Waiver
No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other terms and or conditions.

Notices
You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.

Severability Clause
If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.

Entirety of Agreement; Amendment
This Agreement constitutes the entire agreement between you and Clinicalls applicable to this subject matter. We may at our sole discretion change, add, or delete portions of these Terms at any time on a going-forward basis. Continued use of the Services following any such change(s) will indicate your acknowledgement of such change(s) and agreement to be bound by the revised Terms, inclusive of such change(s).

In the event of a conflict between these Terms and any other Clinicalls’ agreement or policy, these Terms and conditions shall prevail on the subject matter of these Terms.

Headings are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Clinicalls may have under trade secret, copyright, patent, or other laws.

Contact information
Please contact us with any questions or concerns regarding this Agreement at:

My Clinicalls Limited
+234 7036864734
admin@clinicalls.com