TERM OF USE

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING KIHMARL TELEHEALTH

About This Document

These Terms of Use constitute an agreement between you and Kihmarl Services Limited (“We” or “Us”, as the context may be). There are rules you agree to follow when using  www.eazicare.com.ng and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site”) including when you ask questions and when you view or input content on or into the Site.

Who We Are

We offer telehealth services via our proprietary video platform to allow our users (“Users”) to provide their medical history and engage licensed doctors (“Platform Doctors”) to obtain medical support (“Services”).

We are registered in Nigeria under company number 1465323 and have our registered office at [Maria Assumpta House, Km 39, Lagos-Ibadan Expressway, Aseese, Ogun State, Nigeria]. We are a limited liability company.

To contact us, please email connect@eazicare.com.ng.

Description of the Site

Our Site gives users’ face-to-face access to Platform Doctors via video consultation. Based on the information you provide, licensed medical practitioners will provide a diagnosis and treatment plan.

THIS SITE IS AVAILABLE FOR THE SOLE PURPOSE OF FACILITATING COMMUNICATIONS BETWEEN HEALTH SERVICES PROVIDERS AND CONSUMERS WHO CHOOSE TO USE THE ONLINE SERVICE. ALL INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY US, INCLUDING, WITHOUT LIMITATION, REAL-TIME VIDEO OR EMAIL COMMUNICATIONS BETWEEN PROFESSIONALS UTILIZING THE WEBSITE AND CONSUMERS IS INTENDED TO BE FOR GENERAL INFORMATIONAL AND HEALTH EDUCATIONAL PURPOSES ONLY. THE SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY US OR ANY PROFESSIONALS THAT UTILIZE OUR SITE IS SOLELY AT YOUR OWN RISK.

The Site is not intended for use in a medical emergency or in case of an urgent healthcare need. If appropriate, you may be referred to an alternative setting to receive care.

This Site is intended for use only by users who are at least 18 years of age.

By proceeding to use the Site you confirm your understanding that this Site is available for the sole purpose of facilitating communications between health services providers and consumers who choose to use our online service.

We do not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Site.  You are ultimately responsible for choosing your particular health services provider.

YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY US OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY US IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN–PATIENT RELATIONSHIP AS DEFINED BY APPLICABLE LAW.   WHILE THE SITE FACILITATES YOUR COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH HEALTH SERVICES PROVIDERS, UNLESS WE EXPLICITLY STATE IN WRITING THAT WE DO SO, WE DO NOT PROVIDE MEDICAL SERVICES AND THE DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE APPLICABLE HEALTH SERVICES PROVIDER. HEALTH SERVICES PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE MAY BE INDEPENDENT PROVIDERS AND MAY NOT BE EMPLOYED BY OR AFFILIATED WITH US, UNLESS EXPLICITLY STATES THAT SUCH HEALTH SERVICE PROVIDER IS EMPLOYED BY HEALTH AT HAND.

Use of the Site

By using our Site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our Site or access any of the Services.

You agree that we may send to you any notices regarding the Services through electronic means including but not limited to e-mail, mobile text message, push notifications on your mobile device, or communications posted to the Site. Any of the aforementioned notices is effective when sent by us, regardless of whether you receive or read it.

Changes to These Terms and to the Site

We amend these Terms of Use from time to time. Every time you wish to use our Site, please check these Terms of Use to ensure you understand the conditions that apply at that time. Your continued use of the Site will mean that you accept those changes. These terms were most recently updated on 12 March 2018.

We may update and change our Site from time to time to reflect changes to our products, our Users’ needs and our business priorities.

Other Applicable Terms

These Terms of Use refer to a Private Policy which also applies to your use of our Site. The policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

 Suspension or Withdrawal of the Site

Our mobile application is downloadable free of charge, but the Services are chargeable.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for any reason.

You are also responsible for ensuring that all persons who access the Site are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Account Safety

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at connect@eazicare.com.ng.

We recommend that you do not use access the Site to use the Services on public computers. We also recommend that you do not store your password through your web browser or other software, and that you provide a complex alphanumeric password as your access details.

You may not transfer or share your password with anyone, or create more than one user account on the Site.

Use of Material on Our Site and Interaction with Platform Doctors

We are the owner or the licensee of all intellectual property rights on our Site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify any paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes.

If you print off, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We grant you a limited, non-exclusive right to access the Site and use the Services for our personal and non-commercial use as permitted herein.

You agree that you will not use the Site to violate any applicable laws, distribute viruses or harmful computer code, or attempt to disassemble or reverse engineer any software on the Site.

You also agree to not engage in any abusive, inappropriate or unlawful behavior when communicating with the Site or the Platform Doctors. You agree not to contact, or attempt to contact, any Platform Doctors outside of the Site.

We are not responsible for websites we link to

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

The Site may include information and materials uploaded by other users of the Site. This information and these materials have not been verified or approved by us. Any views expressed by other users on our Site do not necessarily represent our views or values.

If you wish to complain about information and materials uploaded by any other Users please contact us at connect@eazicare.com.ng.

Uploading content to our site

Any content you upload to our Site will be considered non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards.

You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload

When you upload or post content to our Site, you grant us and any Platform Doctors providing the Services a non-exclusive enduring right to use that content.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our site is stored or any server, computer or database connected to our Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the UK Computer Misuse Act 1990, in addition to local criminal laws where you are located. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Geographical restrictions

We reserve the right to determine in which locations the Services are provided and make no representation that the Services available through the Site will be appropriate or available for use outside of any jurisdiction in which we expressly state that we operate.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with our content standards.

If you wish to link to or make any use of content on our Site other than that set out above, please contact connect@eazicare.com.ng.

Provision of Health Services

All Platform Doctors delivering the Services are independent professionals responsible only for the Services each provides to you. Kihmarl Services Limited facilitates the provision of the Services between Platform Doctors and users, and does not interfere with the practice of medicine or any other licensed profession by the Platform Doctors delivering services through the Site, each of whom is responsible for his or her services and compliance with applicable licensing requirements.

Neither Kihmarl Services Limited nor any third parties who link to the Site shall be liable for any medical advice you receive from Platform Doctors.

Except for advice provided by Platform Doctors providing the Services, none of the content on the Site should be taken by you as medical advice, nor any sort of representation or warranty that any type of treatment or medication is safe, appropriate or effective.

The provision of Services will occur from Nigeria, and the Platform Doctors are licensed with the Medical and Dental Council of Nigeria, the Ministry of Health.

Purchase Terms

You agree that we are able to immediately invoice your account for all fees and charges due to us, and you agree to pay all fees in accordance with the payment and billing terms in effect at the time when the Services are provided. Any such fees and charges will be billed to the debit/credit card number you provided on your account and you agree that no further notice or consent is required for us to debit such amounts from your debit/credit card.

Kihmarl Services Limited reserves the right to change its pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use.

You agree that you are only communicating with us for the Services using your own account and personal details (or, if relevant, that of a minor linked with your account) and that such personal details are up to date.

Our trademarks are registered

Certain names, logos, and other materials displayed on the Site or in the Services may be trademarks or trade names of Kihmarl Services Limited or other entities. You are not permitted to use any such trademarks or trade names without our written authorization. Ownership of all such trademarks and trade names remains with us or those other entities.

Disclaimer of Warranties

We do not warrant that access to or use of the Site will be uninterrupted or error-free or that defects in the Site will be corrected. This Site, including any content or information contained within it or any Service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. We do not warrant the accuracy, completeness or timeliness of the information obtained through the Site.

You assume total responsibility and risk for your use of this Site, the Service, and linked websites. We does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security.

Subscriptions

By registering for an account with us, you become a registered user with access to certain password-restricted areas of the Site and to use certain Services offered on and through the Site (“Subscription”). Each Subscription and the rights and privileges provided to you are personal and non-transferable. You may subscribe to one (1) of five (5) types of Subscription. The cost associated with purchasing a Subscription (“Subscription Fee”) and details about how it works are set out on the Site and in these Terms of Use. The Site permits you to choose from the following types of Subscription:

  1. Per-Paid Consultations: You will not be charged a Subscription Fee when you register for an account. You will be charged a fee specified on the Site for every consultation. This is the default payment profile and we always revert to this if you do not select a Subscription plan or a Subscription Fee could not be withdrawn from your credit or debit card;
  2. Individual Annual Subscription: Your Subscription begins as soon as payment for the entire Subscription is processed and is valid for a minimum of twelve (12) months and entitles you to unlimited consultations for the duration;
  3. Individual Monthly Subscription: Your Subscription begins as soon as payment for the entire Subscription is processed and is valid for a minimum of three (3) months and entitles you to unlimited consultations for the duration;
  4. Family Annual Subscription: Your Subscription begins as soon as payment for the entire Subscription is processed and is valid for a minimum of twelve (12) months and entitles two (2) adults and three (3) children to unlimited consultations for the duration; or
  5. Family Monthly Subscription: Your Subscription begins as soon as payment for the entire Subscription is processed and is valid for a minimum of three (3) months and entitles two (2) adults and three (3) children to unlimited consultations for the duration.

You may upgrade from a monthly to annual or from individual to a family Subscription at your discretion via the Site. You are not permitted to downgrade for the duration of your Subscription. Prior to the end of the Subscription Term you can downgrade your account by contacting us on connect@eazicare.com.ng.

Family Subscriptions

When subscribing for either of the family accounts you will be designated the primary user of the Subscription. You will be able to add another adult (“Secondary User”) at your discretion. If the Secondary User has an account with us we will link your Subscription with their account. Accounts cannot be linked unless the Secondary User confirms approval. Up to three (3) children under the age of eighteen (18) can use your account or be added to the account of the Secondary User.

In order to remove or delete any account from the application, users are required to submit a request for removal to connect@eazicare.com.ng.

Auto-Renewal

WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON EACH (DEPENDING ON YOUR CHOICE OF SUBSCRIPTION) YEARLY OR THREE-MONTH ANNIVERSARY OF THAT DATE THAT WE FIRST CHARGE YOUR CREDIT OR DEBIT CARD FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION ORDERING PROCESS. THE ANNUAL SUBSCRIPTIONS’ AUTOMATIC RENEWAL IS FOR THE SAME PERIOD OF TIME AS YOUR ORIGINAL SUBSCRIPTION. THE MONTHLY SUBSCRIPTIONS’ AUTOMATIC RENEWAL IS FOR A MONTH.

WE WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE YEARLY OR MONTHLY SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT UNLESS YOU CANCEL BEFORE THE TIME OF 23:59 ON THE ANNIVERSARY DATE.

Price and Payment

If applicable, you agree to pay all fees or charges to your account based on our fees, charges, and billing terms in effect as detailed our Site. We reserve the right to change prices for Subscriptions at any time and do not provide price protection or refunds in the event of promotions or price decreases.

Payment for upgrades will deducted from your credit or debit card on a pro rata basis.

You may pay for your Subscription fee only with credit and debit card payments (this may include but is not limited to Visa, MasterCard, American Express and Discovery).  We will charge your credit or debit card for your first Subscription Fee on the date that we process your order for your Subscription. Once your credit or debit card is charged the first Subscription Fee, we will begin provisioning your account.

If all payment methods submitted by you are declined for payment of your Subscription Fee, your Subscription will be cancelled. If you provide us with new payment details and you are successfully charged, your Subscription Period will be based on the original renewal date and not the date of the successful charge.

Cancellation

You may cancel your Subscription through your account settings or by contacting us on connect@eazicare.com.ng.

Provided that any Subscription fees charged prior to the effective date of cancellation will not be refunded, in whole or in part.  You will not be eligible for a pro-rated refund of any portion of the Subscription Fees paid for any unused days of the then-current Subscription term.

If you cancel your Subscription, you will enjoy your Subscription benefits until the expiration of the then-current Subscription term for which you have paid, and your Subscription benefits will expire at the end of the then-current Subscription term.

Promotions, Vouchers, Competitions and Prize Draws

From time to time we may run competitions, free prize draws and/or other promotions (“Promotional Events”) on the Site. Any such Promotional Events will be subject to additional terms and conditions that will be made available to you at the relevant time.

We will conduct the Promotional Events equitably, promptly and efficiently and deal fairly and honorably with you and other potential participants. Conduct of the entire Promotional Event, including decisions on the eligibility of persons to enter and validity of entry and prizes, shall be our responsibility. We will avoid causing unnecessary disappointment. Entry conditions which need to be met will be clearly stated and all Promotional Events will only be available to those aged over eighteen (18) years.

All Promotional Events will have a closing date. All entrants who have met the conditions of entry will be eligible for selection as the winner. Only one (1) entry per person will be accepted for any prize draws.

Any prize on offer will be clearly stated, together with details of where the prize may be collected from or where any voucher will need to be redeemed. If the prize has a limited life, an expiry date will be clearly indicated. Prizes must be taken as stated and cannot be exchanged or redeemed for alternate prizes. Any tax liability or implication which attaches to a prize is the responsibility of the winner claiming that prize. Our decision with regard to the winner of any prizes is final on all matters relating to the Promotional Events and these Terms of Use, and no correspondence will be entered into in this regard.

We are not responsible for any loss, damage or injury suffered or claimed (including, but not limited to, indirect or consequential loss or damage, personal injury or death, and direct or indirect loss or damage) by an entrant in relation to entering or participating in any Promotional Event or taking or using the prizes offered except where that loss, damage or injury was caused by our breach of these Terms of Use or our wilful or negligent acts or omissions.

To the extent that a situation or issue arises for which these Terms of Use make no provision or in relation to which the relevant terms and conditions are unclear, we reserve the right to make a decision regarding such situation or issue. While we intend to conduct the Promotional Events as offered, we reserve the right to cancel or change the promotion or a prize offered in the Promotional Event if we can no longer continue the Promotional Event or offer a prize due to circumstances outside our control. We accept no responsibility for late or non-received entries. We do not guarantee the continuous or fault-free operation of the entry processes, including entry validating and receipting processes, during the Promotional Event.

Any entrant who tampers, or attempts to tamper, with the entry processes or tampers, or attempts to tamper with the processes used for the draws or who submits an entry which is not valid in accordance with these terms will be subject to disqualification at our discretion.

By participating in the Promotional Event you are accepting these Terms of Use and accompanying Privacy Policy and are agreeing to be bound by them.

Vouchers

The following conditions apply to all vouchers, whether used by you or any other person accessing the Site:

  • All discounts, vouchers or promo codes only apply to first orders for our new Users unless otherwise stated.
  • A minimum spend may be applicable to validate and use any discount, voucher or code.
  • All discounts, vouchers or codes must be redeemed in accordance within the dates and terms prescribed on any accompanying documentation.
  • Only one discount, voucher or code can be used per consultation and each discount, voucher or code can only be used once per person.
  • Any discounts, vouchers or codes cannot be used in conjunction with any other offer.
  • Discounts, vouchers or codes cannot be exchanged for cash or any other alternatives and have no monetary value.
  • If for any reason a discount, voucher or code becomes invalid due to technical failures or any other causes, we reserve the right (subject to any written directions given under applicable law) to cancel, suspend or modify the campaign that is related to that discount, voucher or code and not re-issue any additional discounts, vouchers or codes to Users.
  • We reserve the right to take reasonable action to protect ourselves against fraudulent or invalid redemptions of discounts, vouchers or codes including, without limitation, to require further verification of Users as necessary or to reject any voucher that has been tampered with.
  • Normal registration and these Terms of Use apply to any consultations arising from the use of discounts, vouchers or codes.
  • We may use data from patients using discounts, vouchers or codes in accordance with our Privacy Policy (see www.eazicare.com.ng/privacy)
  • We are not responsible if a voucher is lost, stolen, damaged or destroyed and no replacement will be provided in these circumstances.
  • Strictly no extension of the expiry date from the date of issue will be allowed.
  • If you have any further questions about our voucher policy by contacting us on  connect@eazicare.com.ng.

Limitation of Liability

WE AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, SALES OR REVENUE, LOST DATA, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. PLEASE NOTE THAT WE ONLY PROVIDE THE SITE FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR SITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES.

Indemnification

You agree to indemnify, defend and hold harmless us and our 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 fees, resulting from, or alleged to result from, your violation of these Terms of Use or applicable law, or access by anyone accessing the Site using your user ID and password.

Force Majeure

We will not be deemed to be in breach of these Terms of Use or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

Termination

You may end your user registration with the Site for any reason by sending an e-mail to connect@eazicare.com.ng.

We may suspend or terminate your use of the Site for any reason. Except to the extent that Platform Doctors are required to provide you with any ongoing care that may be applicable, in the event of the aforementioned termination by you or us, we will be under no obligation to provide you with any Services. We reserve the right to maintain or destroy any and all communications with you pursuant to our Privacy Policy.

Dispute Resolution and Governing Law

Please note that these Terms of Use, their subject matter and their formation, are governed by the substantive law of England and Wales. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the Courts of England and Wales, which shall have exclusive jurisdiction.