Terms & Conditions (“Agreement”) for Customers
PLEASE READ THESE TERMS CAREFULLY BEFORE REGISTERING AN ACCOUNT WITH MEDHELP247 LIMITED (SUBSEQUENTLY REFERRED TO AS “MEDHELP247”).
These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
By accessing and using the services we provide, you agree to be bound by the terms and conditions contained herein, which establishes a contractual relationship between you and Medhelp247.
1. Who we are and how to contact us
1.1. Medhelp247 is a platform for accessing medical assessment services (collectively referred to as “the Services”).
1.2. The Medhelp247 platform consists of the Medhelp247 App; the Medhelp247 website (medhelp247.com) and the Medhelp247 contact via the WhatsApp messenger platform using the telephone number +2348061308534 (collectively referred to as “the Platform”)
1.3. Medhelp247 Limited, the holder of the rights in and operator of the Platform, is a company registered under the law of the Federal Republic of Nigeria, with registration number 1725350. Our registered office is at 51 Adelabu Street, Surulere, Lagos.
1.4. You can contact us by telephoning our customer service team on +2348065828167 or +2349057189690 or by writing to us at firstname.lastname@example.org or at 51 Adelabu Street, Surulere, Lagos. If we must contact you, we will do so by telephone or by writing to you at the email address you provide to us during registration or by writing to you using SMS or the WhatsApp messenger platform.
2.1. Subject to your compliance with this Agreement, Medhelp247 Limited grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable licence to:
I. access and use the Platform on your personal 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 on the Platform, in each case solely for your personal, noncommercial use.
Any rights not expressly granted herein are reserved by Medhelp247 Limited. If your right to use the app is cancelled, the corresponding non-exclusive license shall also be terminated.
By accepting this Agreement, you agree not to, and not to permit others to:
3.1. decompile, reverse engineer or disassemble any part of the Platform except as may be permitted by applicable law;
3.2. link to, mirror or frame any portion of the Platform except as may be permitted by Medhelp247;
3.3. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform;
3.4. attempt to gain unauthorized access to or impair any aspect of the Platform, its related systems or networks.
4. Intellectual Property Rights
4.1. The Platform, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Medhelp247 Limited.
4.2. Neither this Agreement nor use of the Platform convey or grant to you any rights to either personally or by granting permission to others:
4.2.1. remove any copyright, trademark or other proprietary notices from any portion of the Platform;
4.2.2. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Medhelp247’s intellectual property rights, except as expressly permitted by Medhelp247.
5. Access and Use of Platform and Services
5.1. Maintaining a User Account
5.1.1. In order to access and use the Platform, you are required to register a user account. You must be at least 18 years of age to register an account. Account registration requires you to submit to Medhelp247, certain personal information, such as your name, date of birth, gender, email address and mobile phone number.
5.1.2. You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information may hamper the quality of services which Medhelp247 provides to you and may lead to Medhelp247’s termination of these terms and conditions with you.
5.1.3. You are responsible for all activities that occur under your account, and you agree to always maintain the security and secrecy of your account.
5.1.4. Your account details must not be disseminated to anyone and when you discover that your information has been compromised, you agree to notify us immediately.
5.1.5. By creating an account, you agree that Medhelp247 may send you text (SMS) messages, WhatsApp messages and emails as part of the normal business operation of your use of the Services. You may opt-out of receiving these messages from Medhelp247 Limited, by contacting our customer service team.
5.1.6. Medhelp247 reserves the right to terminate your account where you have provided false inaccurate or incorrect information.
5.1.7. Medhelp247 may also terminate your account under any other circumstances at its discretion.
5.2. Providing the Services
5.2.1. When you request for a medical assessment service, the Platform will ask you questions in order to understand the root cause(s) of your current medical condition. You are required to answer all questions truthfully as these will be the basis for all recommendations made to you to address your medical condition.
5.2.2. If you are requesting for a medical assessment service on behalf of a third party, it is your responsibility to ensure all answers provided to the Platform in response to questions asked are complete and accurate.
5.2.3. Upon request, Medhelp247 can provide a list of diagnostic facilities at which the recommended tests can be carried out. The list is based on the accreditation of the diagnostic facilities by relevant regulatory authorities and their proximity to your specified location. Upon further request from you, Medhelp247 will review the results of the test towards making a definitive assessment of the root cause of your medical condition.
5.2.4. Medhelp247 will only work with the diagnostic results provided. Medhelp247 does not guarantee the quality of the diagnostic services carried out.
Where you visit any of the diagnostic facilities listed by Medhelp247 on any part of the Platform, you will be responsible for negotiating the price, and making payment for, the diagnostic services to be provided. Medhelp247 will not be involved in setting the prices for the services.
6.1. You are required to pay a subscription fee to access services on the Platform. The subscription fee will entitle you to a fixed number of medical assessments for the specific duration of the selected plan. The fee and the number of assessments you will be entitled to will be communicated to you at the time of paying your subscription.
6.2. Medhelp247 will, at its sole discretion, determine what constitutes a complete medical assessment.
6.3. All subscription fees must be paid to Medhelp247 Limited via the Platform. Medhelp247 Limited will not be responsible for any payments made outside of the Platform.
7.1. All consultations not used during the specified duration of the plan for which they were bought will be deemed to have expired at the end of the duration. The unused consultations will not be available after the end of the duration.
8.1. Users may not transfer any of their unused consultations to a third party during their period of their validity.
9. Limitation of Liability
9.1. Notwithstanding any damages that you might incur, the entire liability of Medhelp247 and anybody acting on its behalf, shall be limited to ₦100,000 (One Hundred Thousand Naira Only). The financial liability may only be claimed where Medhelp247 has deliberately violated the Agreement.
9.2. To the maximum extent permitted by applicable law, in no event shall Medhelp247 and anybody acting on its behalf be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Platform, third-party software and/or third-party hardware used with the Platform, or otherwise in connection with any provision of this Agreement), whether or not such liability arises out of the use of the Platform or its Services, even if Medhelp247 or anybody acting on its behalf has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
10.1. The Platform is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind.
10.2. To the maximum extent permitted under applicable law, Medhelp247, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, Medhelp247 provides no warranty or undertaking, and makes no representation of any kind that the Platform or Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
You agree to indemnify and hold Medhelp247 and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) and any other person legally acting on its behalf harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your:
• use of the Platform;
• violation of this Agreement or any law or regulation; or
• violation of any right of a third party.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
13.1. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be a waiver of a breach constitute a waiver of any subsequent breach.
14. Amendments to this Agreement
14.1. Medhelp247 reserves the right, at its sole discretion, to modify or replace this Agreement at any time. Such amended Agreement will be uploaded on the Application portal.
14.2. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
14.3. By continuing to access or use the Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.
15. Governing Law
15.1. These terms and conditions shall be exclusively governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
16. Dispute Resolution
16.1. This Terms and Conditions shall be governed by, and construed and enforced in accordance with the laws of the Federal Republic of Nigeria.
16.2. Where a dispute, conflict, claim or controversy arises out of or broadly in connection with or relating to the Services or this Agreement, including those relating to its validity, construction or its enforceability, the aggrieved party shall give written notice to the other party of its grievances and the reasons for the grievances. It is agreed that Medhelp247 and you shall use their best efforts to settle such grievances.
16.3. Where the dispute was not resolved through mutual discussion, the dispute or difference of opinion mentioned in this clause shall be resolved through mediation at the Lagos Multi-Door Courthouse (“LMDC”).
16.4. In the event that the dispute is not resolved within 15 (fifteen) days from the date of our first mediation meeting at the LMDC (or such other extended period as may be agreed), either you or Medhelp247 may then refer the dispute to arbitration by an arbitral panel constituted by a single arbitrator appointed by the parties.
16.5. If you and Medhelp247 fail to agree on the appointment of the arbitrator, it is agreed that the appointment shall be made by the chairman of the Chartered Institute of Arbitrators (UK) Nigerian Chapter. The arbitration shall take place in Lagos, Nigeria and shall be conducted in English language in accordance with the Arbitration and Conciliation Act Cap. A18 Laws of the Federal Republic of Nigeria 2004.
16.6. The award of the arbitrator shall be final and binding on the Medhelp247 and you. Each party shall pay its respective costs of the arbitration and the parties shall evenly share the cost of the arbitrator.
16.7. This clause shall apply at all times to disputes and differences of opinion existing or arising between the Medhelp247 and you, concerning this Agreement or any matter hereunder.
16.8. Nothing in this clause shall preclude the rights of either party from seeking any injunctive relief.
No waiver shall be deemed to have been made by any party of any of its rights under this Agreement unless the same is in writing and is signed on its behalf by an authorized signatory. Any such waiver shall constitute a waiver only with respect to the specific matter described in such writing and shall in no way impair the rights of the party granting such waiver in any other respect or at any other time. To be binding, any amendment of this Agreement must be effected by an instrument in writing signed by the parties.
18.1. Every provision contained herein is intended to be severable. If any provision of this Agreement is held to be unenforceable or invalid for any reason whatsoever, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. The invalidity shall not affect the validity of other clauses of these Agreement.