HealthReach Virtual Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY

The terms and conditions of use (“Terms of Use”) govern your use of HealthReach’s website, located at https://healthreach.ng, and HealthReach’s mobile applications (collectively, the “Online Services”). By using the Online Services, you agree to be bound by the Terms of Use. If you do not agree to any of these Terms of Use, you are not authorized to access or use the Online Services or any information contained on the Online Services. Your access to and use of the Online Services constitutes your acceptance of an agreement to abide by each of these terms and conditions set forth below. If you do not agree with these Terms of Use, do not use the Online Services.

DO NOT USE THE ONLINE SERVICES FOR EMERGENCY MEDICAL NEEDS

The Online Services are owned and operated by HealthReach Virtual, Inc. and/or its affiliates (collectively referred to
as “HealthReach Virtual”) for the purpose of facilitating access to electronic medical and health-related consultations with physicians, licensed behavioral health providers and other practitioners licensed to diagnose health care conditions (“Providers”), as well as to provide other information about HealthReach Virtual and its products and services.

PROVIDER INDEPENDENCE

HealthReach Virtual does not provide medical advice itself. All the Providers are independent contractors and medical professionals and are merely using HealthReach Virtual as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from HealthReach Virtual. Your interactions with the Providers through Online Services are not intended to take the place of your relationship with your regular health care practitioners.Neither HealthReach Virtual nor any of its licensors or suppliers shall be liable for any damages or losses related to any medical diagnosis, treatment or professional advice obtained from a Provider nor for any damages or losses related to any other information obtained on the Online Services.

WEBSITE AND MOBILE APPLICATION CONTENT

Other than information received directly from Providers, the content on the Online Services should not be considered
medical advice. You should always talk to a Provider or other appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the content on the Online Services represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, HealthReach Virtual does not recommend or endorse any specific tests, Providers, medications, products or procedures.

AVAILABLE PROVIDERS

You will be provided with a list of Providers for whom you are eligible to access based solely on the information that
you provide to HealthReach Virtual. While HealthReach Virtual does credential some of the Providers, HealthReach Virtual does not make any representations or warranties about the Providers’ training or skill. You are ultimately responsible for selecting a Provider from the list of available Providers. HealthReach Virtual will not select a Provider for you. Additionally, HealthReach Virtual does not guarantee the continued availability of any certain Provider.

PLEASE READ THESE TERMS OF USE CAREFULLY.

The terms and conditions of use (“Terms of Use”) govern your use of HealthReach’s website, located at www.healthreach.ng, and HealthReach’s mobile applications (collectively, the “Online Services”). By using the Online Services, you agree to be bound by the Terms of Use. If you do not agree to any of these Terms of Use, you are not authorized to access or use the Online Services or any information contained on the Online Services. Your access to and use of the Online Services constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. If you do not agree with these Terms of Use, do not use the Online Services.

DO NOT USE THE ONLINE SERVICES FOR EMERGENCY MEDICAL NEEDS

The Online Services are owned and operated by HealthReach Virtual, Inc. and/or its affiliates (collectively referred to as “HealthReach Virtual”) for the purpose of facilitating access to electronic medical and health-related consultations with physicians, licensed behavioral health providers and other practitioners licensed to diagnose health care conditions (“Providers”), as well as to provide other information about HealthReach Virtual and its products and services.

PROVIDER INDEPENDENCE

HealthReach Virtual does not provide medical advice itself. All the Providers are independent contractors and medical professionals and are merely using HealthReach Virtual as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from HealthReach Virtual. Your interactions with the Providers through Online Services are not intended to take the place of your relationship with your regular health care practitioners. Neither HealthReach Virtual nor any of its licensors or suppliers shall be liable for any damages or losses related to any medical diagnosis, treatment or professional advice obtained from a Provider nor for any damages or losses related to any other information obtained on the Online Services.

WEBSITE AND MOBILE APPLICATION CONTENT

Other than information received directly from Providers, the content on the Online Services should not be considered medical advice. You should always talk to a Provider or other appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the content on the Online Services represent or warrant that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, HealthReach Virtual does not recommend or endorse any specific tests, Providers, medications, products or procedures.

AVAILABLE PROVIDERS

You will be provided with a list of Providers for whom you are eligible to access based solely on the information that you provide to HealthReach Virtual. While HealthReach Virtual does credential some of the Providers, HealthReach Virtual does not make any representations or warranties about the Providers’ training or skill. You are ultimately responsible for selecting a Provider from the list of available Providers. HealthReach Virtual will not select a Provider for you. Additionally, HealthReach Virtual does not guarantee the continued availability of any certain Provider.

EXCHANGE OF INFORMATION

The medical advice or health-related information provided through the Online Services is based on your personal health data as provided by you, or on personal health data that you authorize us to obtain. You understand that you may choose to give access to only certain portions of your medical records, but that doing so may interfere with your care.

ACCOUNT ENROLLMENT AND YOUR REQUIREMENTS

To access the Online Services, you must first enroll to establish an individual user account (“Account”), by providing certain information. With the exception of subaccounts (as described below) established for minor children of whom you are a parent or legal guardian, you agree that you will not create more than one Account, or create an account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Online Services and, if applicable, in order for Providers to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account enrollment form; and (ii) each time you log on, maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Online Services or any portion thereof.

ACCOUNT SECURITY

Upon enrollment, you will establish a unique username and password (which may be changed from time to time). Your Account, username, and password are personal to you and you are responsible for maintaining the security of passwords associated with the Account you use to access the Online Services. You should never allow anyone to access your Account on your behalf. You assume responsibility for all unauthorized use of your Account username, or password, and you must promptly notify HealthReach Virtual of all actual or suspected unauthorized use. To permit you to access the Online Services on behalf of a minor child of whom you are a parent or legal guardian, you may establish one or more subaccounts in connection with your Account. Any such HealthReach Virtual-authorized subaccount(s) shall be deemed an Account for purposes of these Terms of Use.

ACCEPTABLE USE

HealthReach Virtual grants you permission to use the Online Services for your personal, non-commercial purposes.Your use is limited as follows:

  • You will not use the Online Services for unlawful purposes, and you will comply with all applicable laws and regulations while using the Online Services.
  • You may not distribute, modify, copy (except as set forth in these Terms of Use), transmit, display, reuse,reproduce, publish, license, create derivative works from, transfer, translate, sell, reverse engineer, decompile or disassemble, or otherwise use the Online Services without HealthReach Virtual’s written permission.
  • You will not post or transmit any threatening, false, misleading, abusive, libelous, pornographic, or profane material.
  • You will not incorporate any code into the code of the Online Services or use the Online Services to post or transmit any computer code that is harmful, or may be or is intended to, damage or to monitor the use or operation of the Online Services or any other user of the Online Services.
  • You will not use the Online Services to harvest or collect personally identifiable information about users of the Online Services or any other information concerning the Online Services.
  • You will not allow any other person or entity to use your identification to post or view comments, or to otherwise access or use the Online Services.
  • You will not infringe the copyright or other intellectual property rights of others or violate the privacy or publicity rights of others.

ACCOUNT UTILIZATION

You must not interfere with, disrupt, or attempt to interfere with or disrupt the operation of the website or mobile application through which you access the Online Services, and you must abide by the security policies adopted by HealthReach Virtual. You acknowledge and agree that, for security and other purposes, HealthReach Virtual may monitor utilization of your Account. We are monitoring utilization in order to ensure appropriate use of the Online Services, including, but not limited to, limitations set forth in the section titled “Acceptable Use” or as otherwise brought to our attention by a Provider.

CHARGES

You will be informed of any fees to be charged when applicable. In the event we charge you a fee, the total fee will include two separate components: one part will cover time spent with Providers (the “Professional Medical Services Fee”) and the other part will cover your use of the Online Services (the “Administrative Fee”). You will be responsible for providing a valid credit card number, expiration date, and card security code at the time you purchase a product or service.

RESPONSIBILITY FOR APPLICABLE FEES

You are solely responsible for all fees for the Online Services. Charges do not include or cover any pharmacy fees;you are separately responsible for any such fees.

VIOLATION OF THESE TERMS OF USE

You acknowledge that your access to the Online Services shall be immediately suspended and may be terminated if you violate any provision of these Terms of Use. You agree that a violation of these Terms of Use by you will result in irreparable injury that will entitle HealthReach Virtual to obtain a court order prohibiting you from using the Online Services.

OPERATION AND RECORD RETENTION

HealthReach Virtual reserves complete and sole discretion with respect to the operation of Online Services. HealthReach Virtual may withdraw, suspend or discontinue any functionality or feature of the Online Services. HealthReach Virtual has entered into arrangements with the Providers to allow them access to any data or records that they may want to include in your medical records.

LINKS

Areas of the Online Services may contain links to other websites. Please note that when you click on any of these links, you are entering another website over which HealthReach Virtual has no responsibility or control. The inclusion of any link does not imply affiliation, endorsement or adoption by HealthReach Virtual of the linked website or any medical or other information contained therein. You are encouraged to read the terms and conditions, data-gathering practices and privacy policies of all linked websites as they may materially differ from ours. HealthReach Virtual is not responsible for any loss or damage of any sort due to the presence or use of any such links.

ADVERTISEMENTS

HealthReach Virtual may display advertisements from third parties. Such advertisements do not constitute or imply an endorsement, sponsorship, or recommendation by HealthReach Virtual of the third party, the third-party advertisement, or the information in the advertisement. HealthReach Virtual is not responsible for the availability of any product, service, website, or anything displayed in the advertisement, and is not responsible or liable for, any such advertisement, its content, or the privacy policy, practices, and acts or omissions of the third party associated with the advertisement.

INTELLECTUAL PROPERTY

All of the information, text, graphics, trademarks, logotypes, data and data compilations accessible through the Online Services are the property of HealthReach Virtual and its suppliers and are protected by U.S. and international copyright, trademark and other intellectual property rights laws. You may use the Online Services solely for your personal, non-commercial use. If any portion of the Terms of Use is violated, the limited license for your usage of the Online Services is automatically revoked.

DISCLAIMERS

Access to the online services and the content is provided “as is” and “as available” without any warranty of any kind, express or implied. healthreach virtual disclaims all warranties of any kind, either express or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose or noninfringement.without limiting the foregoing, healthreach virtual does not warrant that access to the online services will be uninterrupted or error-free, or that defects, if any, will becorrected; nor does healthreach virtual make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the online services or any of the information contained therein. you expressly agree that your use of online services and your reliance upon any of its contents is at your sole risk. limitation of liability except as prohibited by law, and without limitation: healthreach virtual shall not be liable for the acts or omissions of any of the independent providers, inlcudng medical decisions. you shall be solely and fully responsible for any damage to healthreach virtual and the online services or any computer system, any loss of data, or any improper use or disclosure of information on the online services caused by you or any person using your user name or password. healthreach virtual cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any of the advice, ideas, information, instructions or guidelines accessed through online services. in the event of any problem or dissatisfaction with the online services, your sole remedy is to cease using the online services. under no circumstances shall healthreach virtual, or any healthreach virtual licensor, contractor or supplier, be liable in any way for your use of the online services or any of its content. under no circumstances shall healthreach virtual or its licensors or suppliers, providers and consumer advisors be liable for any punitive, exemplary, consequential, incidental, indirect or special damages, even if we or they have been advised of the possibility of such damages. you hereby release, indemnify and hold healthreach virtual, its licensors and suppliers, providers and consumer advisors harmless from any and all claims, demands, and damages of every kind and nature arising out of or in any way connected with your use of online services or your breach of any of your obligations.

ERRORS

The Online Services may contain typographical errors or other errors or inaccuracies and may not be complete or current. HealthReach Virtual reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. HealthReach Virtual does not guarantee that any errors, inaccuracies or omissions will be corrected.

INTERNATIONAL USE

The Online Services are designed for and intended for users in Nigeria. HealthReach Virtual makes no representation that the information and services provided on the Online Services are applicable to, appropriate for, or available outside of Nigeria. Accessing the Online Services from territories where the content is illegal is prohibited.

MISCELLANEOUS

LIMITATION, SUSPENSION AND TERMINATION OF USE HealthReach Virtual may refuse, limit, suspend or terminate your access to and use of the Online Services at any time, and without notice, as HealthReach Virtual considers appropriate or necessary in its sole discretion, including but not limited to (i) security reasons, (ii) alleged or suspected breach of these Terms of Use, or (iii) the protection of intellectual property. HealthReach Virtual may also impose limits on certain features and functions of the Online Services or otherwise restrict your access to the Online Services without notice or liability. You remain bound by these Terms of Use even after termination or suspension of your access to the Online Services. You may terminate your use of the Online Services at any time, however you will remain responsible for all charges you have incurred prior to your termination.

GOVERNING LAW

These Terms of Use will be interpreted and construed in accordance with the laws of the State of California. Any action arising out of, or relating to, these Terms of Use may be brought in courts situated in California and you consent to the jurisdiction of such courts.

SEVERABILITY

To the extent possible, these Terms of Use will be read together with any applicable statute or rule of law. Thereafter, if any of the terms and conditions of these Terms of Use conflict with any applicable statute or rule of law, the affected terms and conditions will be deemed inoperative but the remaining portions will remain in full force and effect.

WAIVER

No failure by either party to take any action or assert any right under these Terms of Use will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and HealthReach Virtual and govern your use of the Online Services. These Terms of Use supersede any and all prior agreements between you and HealthReach Virtual regarding your use of the Online Services.

CHANGES TO THESE TERMS OF USE

Please print and keep a copy of these Terms of Use. HealthReach Virtual may change the Terms of Use at any time. The most current version of these Terms of Use can be accessed at any time by selecting the Terms of Use link on the bottom of any page in the HealthReach website. The last date these Terms of Use were updated is listed below. You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of Use and to use the Online Services in accordance with these Terms of Use.

CUSTOMER SERVICE

If you have any questions, concerns or complaints about the Online Services, please feel free to contact Customer Relations at info@healthreach.ng.

E-SIGN DISCLOSURE AND CONSENT

This Electronic Disclosure and Consent (“Disclosure”) applies to any privacy or other notices, disclosures, reports, documents, communications, or other records provided by HealthReach Virtual or a Provider regarding the Online services (collectively, “Notices”). By assenting to these Terms of Use, you agree that HealthReach Virtual and Providers (i) may provide you with any Notices that they may choose to send or make available to you, to the extent allowed by law, in electronic form and (ii) that you have been able to read this Disclosure and have access to the software and hardware (described below) necessary to access the Notices.

All Notices that HealthReach Virtual or a Provider elect to provide to you in electronic form will be provided either (i) via e-mail to the address that you provided upon enrollment or (ii) by posting the Notice on the or website or mobile application by which you access the Online Services. The delivery of any Notice is effective when sent, regardless of how it is delivered to you, whether you read the Notice when you receive it, or whether you actually receive the delivery.

Consent is a condition to the use of HealthReach Virtual Online Services. If at any time you decide to withdraw your consent, you may do so by canceling or discontinuing your use of the Online Services. Should you subsequently resume use of the Online Services, you will be deemed to have ratified your original consent. HealthReach Virtual may treat the provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive Notices in electronic form. HealthReach Virtual will not impose any fee to process the withdrawal of your consent to receive Notices in electronic form; however, your access to and use of the Online Services may be terminated. Any withdrawal of your consent toreceive Notices in electronic form will be effective only after we have a reasonable period of time to process your withdrawal.

Consistent with the section entitled “Account Enrollment and Your Requirements,” it is your responsibility to provide true, accurate, current, and complete information about yourself, and to maintain and update promptly such information. You can update your information (e.g., your e-mail address) through the Online Services (click on “My Account”). In order to access, view, and retain electronic Notices that HealthReach Virtual makes available to you, you must: (i) have access to an Internet service account, (ii) an e-mail account (and any necessary e-mail software), and (iii) have access to a personal computer, operating system, and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Notices received from HealthReach Virtual in electronic form via a plain text-formatted e-mail or by access to the website using your Internet browser application (e.g., Google Chrome, Internet Explorer, Firefox, Safari).

Neither HealthReach Virtual nor the applicable Provider will send you a paper copy of a Notice which is available electronically unless you request it, or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Notice by printing it yourself or by requesting that we or the applicable Provider mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Notice to you. To request a paper copy, email us at info@healthreach.ng. HealthReach Virtual may charge you a reasonable service charge, of which we will have provided you prior notice, for the delivery of paper copies of any Notice provided to you electronically pursuant to this authorization. HealthReach Virtual reserves the right, but assumes no obligation, to provide a paper (instead of electronic) copy of any Notice that you have authorized us to provide electronically.

All Notices in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Disclosure and any other Notice that is important to you.

You acknowledge and agree that your consent to electronic Notices is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and HealthReach Virtual both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

HealthReach Virtual reserves the right, in its sole discretion, to discontinue the provision of your electronic Notices, or to terminate or change the terms and conditions on which it provides electronic Notices. HealthReach Virtual will provide you with notice of any such termination or change as required by law.