Terms & Conditions | Smart Health

Read these Terms of Use carefully before using the Smarthealth Platform (“Platform”).

Users who are under 18 years of age are not permitted to access this Platform. By using the Platform, you affirm that you are over the age of 18 years. We accept no liability for any such persons.

Your access to and use of the Platform by way of any Device is conditioned on your acceptance of and compliance with the provisions of this Terms of Use.

By your accessing or using the Platform you agree to be bound by these Terms of Use as amended at any time and posted on the website smarthealth.eclathealthcare.com. If you disagree with any part hereof, do not access the Platform.

In addition, your use of the Platform shall be subject to any applicable regulatory guidelines or rules. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

INTERPRETATION
1. In these Terms of Use, references to “we” or “us” refers to e’Clat Healthcare Limited, a company incorporated under the Laws of the Federal Republic of Nigeria, whose place of business is at Plot 1628B, Oko-Awo Street,Victoria Island, Lagos Nigeria.
2. In these Terms of Use, references to “you” or “your” are references to you whether as a user of the Platform.
DESCRIPTION OF THE PLATFORM

The Platform makes available healthcare services (i.e. diagnosis and treatment prescription) remotely via a computer or mobile phone (Telemedicine Service/Service). We are not medical service providers; the Telemedicine Service is provided through qualified and licensed medical practitioners (“Doctors”).

The Telemedicine Service is not intended for use patients in connection with active patient monitoring so as to allow immediate clinical action or continuous monitoring by a health care provider or the patient.

USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
FEES

Payment is made prior to Your appointment. Also there is a fee charged for the service, this will be contained in the payment terms which will have to be accepted by the patient before payment can be processed.
CANCELLATION AND REFUND
1. You shall only be entitled to a full refund if You cancel a booked and paid for appointment no less than 48hours before the scheduled appointment.
2. In the event of a late cancellation or no-show You will be refunded the paid sum less a late cancellation charge of N500 (Five Hundred Naira only).
INTELLECTUAL PROPERTY

All Intellectual Property Rights (whether registered or unregistered) used in or connected to the Platform and other intellectual property rights used as part of our services belong to us or its licensors. Nothing set forth in this Terms of Use shall constitute a transfer, license or assignment by us to you of any of any such Intellectual Property Rights.
BOOKING ISSUES AND COMPLAINTS
1. If you wish to log a complaint or refer an issue regarding the Platform, you shall notify us via our helpdesk’s email at eclatsupport@interswitchgroup.com or call +23412344567890
2. Our helpdesk is open from 9am to 5pm, Monday to Friday with the exception of local public holidays.
NOTICES
1. Your email address and phone number supplied at sign-up will be used as a means of communicating information, notices and documents to you. Any changes to such information should be sent via mail to eclatsupport@interswitchgroup.com.
2. It is your responsibility to ensure that your information on the Platform is at all times up to date and correct.
SECURITY AND UNAUTHORISED USE
1. You are fully and solely responsible for any and all activities that occur on/via your Platform account.
2. You are also responsible for all transactions conducted using your computer (personal or otherwise), mobile phone, tablet or other electronic device (“Device”), payment card or account. It is your responsibility to keep all of these secure.
3. All passwords/log-in details must be kept secret. You are liable for all activities undertaken using your username, associated password or Device. You are responsible for maintaining the confidentiality of all account information and keeping your Device from unauthorized use.
4. We accept no liability for any unauthorized use of your Device, payment card or account or any effects of same.
TERMINATION/ SUSPENSION OF ACCESS TO PLATFORM
1. We shall be entitled to terminate these terms and conditions and terminate your access to the Platform or Suspend your access to the Platform, with immediate effect in the event that:
  1. You fail to pay any sums when due;
  2. You act in an aggressive, bullying, offensive, threatening or harassing manner towards the Doctor or any other user of the Platform;
  3. We suspect the Platform is being used for fraudulent or other illegal activities;
  4. We are investigating suspected misconduct by you;
  5. You have breached a provision contained in this Terms of Use; and/or
  6. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete.
2. We reserve the right to suspend your use of the Platform and/or access to the services at any time for operational, regulatory or legal reasons.
UNACCEPTABLE USE
1. You shall not and shall not permit any person using your Device or Platform account to:
  1. use this Platform in a way that causes or could cause damage or restrict the availability or accessibility of the Platform;
  2. store, copy, transmit, publish or distribute any computer virus, spyware, Trojan horse, worm, keystroke logger or other malicious software via this Platform;
  3. conduct any fraudulent or illegal activities via the Platform;
  4. develop, support or use software, devices or scripts to scrape the content on the Platform;
  5. attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means.
  6. use any robot, scraper or other means to access the Platform for any purpose; and/or
  7. post, publish or transmit any messages that is false, misleading, sexual, defamatory, harmful, threatening, abusive, harassing, defamatory, invades another's privacy, offensive, promotes racism, hatred or harm against any individual or group or religion or caste, infringes another's rights including any intellectual property rights or copyright or trademark, violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil and/or criminal liability.
PRIVACY STATEMENT
1. You acknowledge that by your use of the Platform, we shall be privy to and store some of your personal information (full name, mobile phone number and email address).
2. We shall use our best endeavors to ensure that your personal information is secure on our systems.
3. We may use your personal information for:
  1. providing you the service, processing transactions and sending you related information;
  2. providing, maintaining and improving our services;
  3. sending support and administrative messages to you;
  4. responding to your enquiries and requests;
  5. providing customer service;
  6. updating you on products, services, promotions, rewards, and events offered by us and third parties; and
  7. a better understanding of your needs by combining it with information collected from others with the objective of improving on our service delivery.
4. We may disclose any information we collect about you to third parties as set forth below:
  1. to regulatory bodies;
  2. to financial institutions;
  3. to companies, such as email service providers that perform marketing services on our behalf;
  4. to third parties to enable us provide the Service to you; and
  5. if required to be disclosed under applicable law, or stock exchange regulation or by a governmental order, decree, regulation or rule or by a court order.
5. You hereby consent to the processing and transfer of your information during and after the use of the Platform.
DATA PROTECTION

In providing the you access to the Platform and the services thereunder, we may be exposed to your personal information. We hereby undertake at all times to, comply with applicable Nigeria Data Protection Regulation (NDPR) 2019 provisions, any other applicable regulation and legislation.
INDEMNITY

You agree to indemnify us, our, subsidiaries, affiliates, officers, agents and employees for any loss, damages, liabilities, sanction, claims, suits, fines, charges, expenses arising from your violation of this Terms of Use and/or your use/access of the Platform.
LIMITATION OF LIABILITY
1. In no event shall we be liable for:
  
  a. unavailability of the Platform at any time or your inability to use the Platform.
  
  b. any form of delivery or failure thereof by a Doctor on the Platform.
  
  c. any loss arising from any failure or delay in any mobile phone networks or internet service provider or defective Device.
  
  d. any special, indirect, incidental, punitive, or consequential damages, including loss of profits, however caused.
  
  actions or inactions not directly traceable to us.
2. Under no circumstances shall it be implied that we endorse, sponsor, certify or otherwise guarantee any Doctor listed on the Platform. Use of same shall be at your own risk.
3. To the extent medical advice is provided to you by a Doctor through the Platform, such medical advice is based on your personal health data as provided by you to the health care provider and the local standards of care for your presenting symptoms, based on the information you provide. The medical advice provided by a Doctor is not under Our control, nor is it provided to or used by us.
4. We provide the Platform and any service or content on it ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. We also do not warrant that the Platform will be error free, including technical inaccuracies.
5. WE SHALL USE OUR BEST ENDEAVOURS TO ENSURE THE PLATFORM FUNCTIONS OPTIMALLY AT ALL TIMES AND OUR SYSTEMS ARE FREE FROM VIRUSES, HOWEVER WE CANNOT ENSURE SUCH EXCLUSION AND NO LIABILITY IS ACCEPTED FOR SAME. HENCE IT IS RECOMMENDED YOU PUT IN PLACE YOUR OWN SECURITY MEASURES. WE DO NOT WARRANT THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED NOR ERROR FREE, SECURE, NOR WILL IT BE 100% FRAUD OR FAIL PROOF.WE ARE PROVIDING THE SERVICE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR ITS CONDITION, TIMELINESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE BY YOU. WE DO NOT ACCEPT RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY USER COMMUNICATION, ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE IN THIS REGARD.
USER SUBMISSIONS
1. Anything you post, upload, share, store, or otherwise provide through the Platform is a "User Submission." User Submissions may include suggestions, comments, ideas, improvements, or other feedback or materials, and may be viewable by other users.
2. For all User Submissions, you hereby grant us a royalty-free, perpetual, non-exclusive, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, distribute, translate or otherwise act with respect to such User Submissions as we determine is necessary to modify, operate, market and advertise the Services or create other works.
3. If you choose to submit User Submissions, we will consider such Submissions to be non- confidential and non-proprietary. We shall have no obligations concerning the User Submissions, and we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit the User Submissions in any manner, without any restriction or compensation to you.
4. We do not (and are under no legal obligation) to review User Submission.
RATINGS, REVIEWS AND OTHER USER FEEDBACK

Ratings and reviews about Doctors on the Platform ("Feedback”) are generated by users on the Platform and are User Submissions that are not endorsed by us and do not represent our views. We do not assume liability for Feedback or for any claims for damage, liability, loss, or dissatisfaction resulting from such ratings and reviews. We reserve the right to exclude any Feedback for any or no reason, without notice to you.
ACCESSIBILITY

The Platform and services available on it are compatible only with certain devices/tablets/instruments/hardware. We shall not be obligated to provide workable products and/or services for any instruments that are not recognized by us or those instruments that may be purchased from any third party which are not compatible with our products and services. Also, you agree that any defect relating to any devices/tablets/instruments/hardware used to access the Platform shall be reported to the manufacturer whose details shall be specified on the packaging and we shall not be responsible for such defect in any manner.
USER COMMITMENTS
1. You commit not to:
  1. With the exception of subaccounts established for minor children of whom you are a parent or legal guardian set up multiple accounts on the Platform register for an account on behalf of an individual other than yourself;
  2. modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Platform or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Platform;
  3. transfer, distribute, sell, lease, rent, disclose or provide access to the Service or Platform to any third party or use the Service or Platforn to provide other services to third parties. and/or
  4. not to let anyone else use your Platform account.
MISCELLANEOUS PROVISIONS
1. We reserve the right to amend these Terms of Use at any time and at our sole discretion. You are responsible for regularly reviewing these Terms of Use. We shall give you notice of such amendment by publication of the amended version via the Platform. Your continued access to and use of the Platform is your acceptance of and compliance with the updated Terms of Use. If you disagree with any part of hereof, do not access the Platform. We also reserve the right to discontinue the Services/Platform at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Platform or the Service.
2. You are responsible for your connection to the mobile phone networks, the Internet and all costs associated with these connections.
3. Certain features on the Platform may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with the terms herein, the additional terms will govern.
4. If any provision of this Terms of Use is declared unlawful and/or unenforceable by operation of law, any court or authority, such provision be severed from this Terms of Use and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement.
5. You shall ensure that all the information that you provide when registering for an account and otherwise through the Platform is accurate, complete and up to date at all times.
6. The proprietary rights, disclaimers, representations made by you, indemnities, limitations of liability shall survive any termination of these Terms of Use.
7. You agree that regardless of any provision of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred and extinguished.
8. You acknowledge and agree that this Terms of Use be interpreted and enforced in accordance with the laws of the Federal Republic of Nigeria.
9. We are incorporated and operate this Platform from Nigeria. The Service and Platform is designed for and intended for users in Nigeria. We make no representation that the information and services provided on the Service are applicable to, appropriate for, or available to users in locations outside Nigeria. If you choose to access the Platform from a location outside Nigeria, you do so on your own initiative and you are responsible for compliance with local laws.
10. If you use this Platform outside Nigeria, you are responsible for complying all applicable local laws.
11. The parties shall use their best efforts to amicably settle all disputes arising out of or in connection with the performance or interpretation of this Terms of Use. Any dispute or differences arising out of the construction, interpretation or performance of the obligations created under this relationship which cannot be settled amicably within one (1) month after receipt by a party of the other party's request for such amicable settlement shall be submitted to a Court of competent jurisdiction in the Federal Republic of Nigeria.
12. The Platform may provide you with the ability to post notes and replies, take part in discussions with the Doctor you are having a session with. You agree to use communication methods available on the Platform only to send communications and materials related to the subject matter for which we (or any applicable educational partner) provided the communication method.
13. When using services offered through our third-party service providers, such as video streaming, email, live chats, and other notification services as may be deployed by us, you will be subject to the Terms of these third-party service providers. Registration for any of our Services signifies Your consent to those additional Terms.
14. Interactions with the Doctors outside of the Platform is prohibited. We shall not be liable for any loss, damage or other liability arising from or in connection with same.

INTERPRETATION

DESCRIPTION OF THE PLATFORM

FEES

CANCELLATION AND REFUND

INTELLECTUAL PROPERTY

BOOKING ISSUES AND COMPLAINTS

NOTICES

SECURITY AND UNAUTHORISED USE

TERMINATION/ SUSPENSION OF ACCESS TO PLATFORM

UNACCEPTABLE USE

PRIVACY STATEMENT

DATA PROTECTION

INDEMNITY

LIMITATION OF LIABILITY

USER SUBMISSIONS

RATINGS, REVIEWS AND OTHER USER FEEDBACK

ACCESSIBILITY

USER COMMITMENTS

MISCELLANEOUS PROVISIONS