TERMS OF USE (PATIENT)

These Terms of Use (Terms) governs your use of the Virtual Doctors Telehealth and website.

General Terms of Use

VIRTUAL DOCTORS TELEHEALTH Terms of Use

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by VIRTUAL DOCTORS TELEHEALTH. (“VIRTUAL DOCTORS”), including the www.virtualdoctors.com.ng website (the “Site”) and the services available to users through the Site (“Services”). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies, including how we collect and handle your personal health information and financial information.

Important Information about Your Use of the Services

Do not use the services for emergency medical needs. if you experience a medical emergency, call 112 immediately.
Neither Virtual Doctors TeleHealth nor any of its licensors or suppliers or any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional Advice you obtain from a Provider via the Service nor for any information obtained from our Services. You acknowledge your reliance on any Providers or information provided by the Services is solely at your own risk and you assume full responsibility for all risk associated therewith. Virtual Doctors TeleHealth does not make any representations or warranties about the training or skill of any Providers using the Services. You are ultimately responsible for choosing your particular Provider on the Services.

You hereby certify that you are physically located in the country or State you have entered as your current location on the Services. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the Providers you access through the Services are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify Virtual Doctors TeleHealth and the Providers you interact with from any resulting damages, costs, or claims.
You hereby certify that you are not a Medicare or Medicaid beneficiary. If you provide false or deceptive information regarding your Medicare or Medicaid enrollment status, Virtual Doctors TeleHealth reserves the right to terminate all current or future use of the Services by you.

Telemedicine Services

You may be able to utilize certain telemedicine services through the Services, including but not limited to via Virtual Doctors TeleHealth’s video service (“Virtual Doctors TeleHealth Video Service”). Virtual Doctors TeleHealth is not a healthcare provider, insurance provider, or a prescription fulfillment warehouse. In providing the Virtual Doctors TeleHealth Video Service, Virtual Doctors TeleHealth’s role is limited to making certain telehealth related information available to you and/or facilitate your access to telemedicine services provided by Healthcare Providers. Virtual Doctors TeleHealth is not responsible for such Healthcare Providers’ acts or omissions, or for any content of your communications with them. Virtual Doctors TeleHealth is independent of the Healthcare Providers and does not employ or otherwise exercise any control over the services provided by Healthcare Providers, regardless of whether they utilize the Virtual Doctors TeleHealth Video Service.

1. Doctors will recommend treatment based on the investigation results provided by the patient during the virtual consultation.
2. The patient acknowledges that the virtual doctor or doctor may not be able to make a fully informed diagnosis or recommend an appropriate treatment plan without a physical examination. The patient agrees to provide accurate and complete information during the virtual consultation to enable the doctor to make the most informed diagnosis and treatment recommendation possible.
3. The patient is responsible for ensuring that the device and internet connection used for the virtual consultation meet the technical requirements for the telemedicine platform being used.
4. The virtual doctor or doctor is not liable for any technical problems or issues with the telemedicine platform that may arise during the virtual consultation.
5. The virtual doctor or doctor is not liable for any harm or injury resulting from inaccurate test results provided by the patient. The patient acknowledges that they are solely responsible for the accuracy and completeness of the investigation results provided during the virtual consultation.
6. The patient understands that telemedicine consultations are not a substitute for emergency medical care. If the patient experiences a medical emergency, they should call 911 or go to the nearest emergency room.
7. The patient agrees to provide feedback and complete any required surveys or questionnaires related to the virtual consultation.
8. The virtual doctor or doctor reserves the right to terminate the virtual consultation at any time for any reason.
9. The patient understands that telemedicine consultations are subject to the same privacy and confidentiality requirements as in-person consultations. The virtual doctor or doctor will not disclose any information obtained during the virtual consultation to any third party without the patient’s consent, except as required by law.
10. The patient acknowledges that telemedicine consultations are subject to state and federal laws and regulations, and that the virtual doctor or doctor may be required to report certain medical conditions or diseases to public health authorities.

Account Enrollment

To access Providers using the Services, you must first establish an individual user account (“Account”) by providing certain information. You agree that you will not create more than one Account or create an Account for anyone other than yourself (with the exception of subaccounts established for minor children of whom you are a parent or legal guardian). You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed.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.

Prohibited Conduct

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:

• Transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
• Provide information on the enrollment form that is untrue, inaccurate, not current, or incomplete;
• Transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
• Transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;
• Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;
• Engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
• Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• Attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services;
• Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.

Payment Authorization

By providing a credit card or other payment method accepted by Virtual Doctors TeleHealth (“Payment Method”), you are expressly agreeing that we are authorized to charge to the Payment Method any fees for your use of the Services, together with any applicable taxes. Please note that Virtual Doctors TeleHealth may not receive complete information from your health insurance plan, if applicable, regarding the applicable co-pay due from you for your consultation. As such, you may be billed more than once with respect to a consultation to account for additional co-pay amounts due, if any. Should you choose not to enter your health plan billing details, you elect to be seen as self-pay, thereby waiving health plan claim submission.

You agree that authorizations to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify Virtual Doctors TeleHealth of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services that correspond to consultation fees or the co-payment required by your health plan. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, Virtual Doctors TeleHealth may at its discretion attempt to process the charge again at any time within 30 days.You acknowledge and agree that fees for consultations may increase at any time.

1. Ownership Of The Site And Related Materials

All pages within this Site and any material made available for download are the property of VIRTUAL DOCTORS TELEHEALTH, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.

2. Electronic Communications

When you use any VIRTUAL DOCTORS TELEHEALTH Service, or send e-mails, text messages, and other communications from your desktop, kiosk or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

Short code messaging related information as follows:

• When you opt-in to the service, we will send you an SMS message to confirm your signup.
• After scheduling a consultation on VIRTUAL DOCTORS TELEHEALTH, you will receive SMS or email messages with regards to your consultation status.
• You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.
• If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
• We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
• As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive varied frequency of messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to [email protected]
• If you have any questions regarding privacy, please read our privacy policy: https://www.virtualdoctors.ng/clinic /Privacy

3. Site Access, Security and Restrictions

If you create a subscriber account for the VIRTUAL DOCTORS TELEHEALTH Site, you agree to complete the registration process by providing current, complete, and accurate information as required by VIRTUAL DOCTORS TELEHEALTH. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by VIRTUAL DOCTORS TELEHEALTH. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by VIRTUAL DOCTORS TELEHEALTH at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. If you are under 18, you may use the VIRTUAL DOCTORS TELEHEALTH Services only with involvement of a parent or guardian.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. VIRTUAL DOCTORS TELEHEALTH will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site

Password Security

You are solely responsible for the security of your username and password, and for any use of the Services using your username and password. You should not share your username or password with any third party or allow any third party to access the Services using your username and password. You agree to notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate your username and password at any time.

4. No Medical Advice or Services

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “112” IMMEDIATELY.THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. 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 VIRTUAL DOCTORS TELEHEALTH OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY VIRTUAL DOCTORS TELEHEALTH LLC LUDING BUT NOT LIMITED TO COMMUNICATIONS WITH VIRTUAL DOCTORS TELEHEALTH MEDICAL EXPERTS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE SITE AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY VIRTUAL DOCTORS, ITS CONTENT PROVIDERS, MEDICAL EXPERTS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE VIRTUAL DOCTORS FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH PHYSICIANS, VIRTUAL DOCTORS DOES NOT PROVIDE MEDICAL SERVICES AND THE DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU SELECT. ALL HEALTHCARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH VIRTUAL DOCTORS TELEHEALTH.

5. License And Access

Subject to your compliance with these Terms of Use and your payment of any applicable or services fees, VIRTUAL DOCTORS TELEHEALTH or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the VIRTUAL DOCTORS TELEHEALTH Services. This license does not include any resale or commercial use of any VIRTUAL DOCTORS TELEHEALTH Service, or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of any VIRTUAL DOCTORS TELEHEALTH Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by VIRTUAL DOCTORS TELEHEALTH or its licensors, suppliers, publishers, rights holders, or other content providers. No VIRTUAL DOCTORS TELEHEALTH Service, nor any part of any VIRTUAL DOCTORS TELEHEALTH Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VIRTUAL DOCTORS TELEHEALTH. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VIRTUAL DOCTORS TELEHEALTH without express written consent. You may not use any meta tags or any other “hidden text” utilizing VIRTUAL DOCTORS TELEHEALTH’s name or trademarks without the express written consent of VIRTUAL DOCTORS. You may not misuse the VIRTUAL DOCTORS TELEHEALTH Services. You may use the VIRTUAL DOCTORS TELEHEALTH Services only as permitted by law. The licenses granted by VIRTUAL DOCTORS TELEHEALTH terminate if you do not comply with these Terms of Use.The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by VIRTUAL DOCTORS TELEHEALTH. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of VIRTUAL DOCTORS TELEHEALTH without our express written consent.

6. Accuracy and Integrity of Information

Although VIRTUAL DOCTORS TELEHEALTH attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform VIRTUAL DOCTORS TELEHEALTH so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, VIRTUAL DOCTORS shall have no responsibility or liability for information or Content posted to the Site from any non- VIRTUAL DOCTORS TELEHEALTH affiliated third party.

7. Links to Other Sites

VIRTUAL DOCTORS TELEHEALTH makes no representations whatsoever about any other website that you may access through this Site. When you access a non- VIRTUAL DOCTORS TELEHEALTH site, please understand that it is independent from VIRTUAL DOCTORS TELEHEALTH, and that VIRTUAL DOCTORS TELEHEALTH has no control over the Content on that website. In addition, a link to a non- VIRTUAL DOCTORS TELEHEALTH website does not mean that VIRTUAL DOCTORS endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

8. User Information

If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to VIRTUAL DOCTORS TELEHEALTH and its Providers that you have the legal right and authorization to provide all User Information to VIRTUAL DOCTORS TELEHEALTH and its Providers for use as set forth herein and required by VIRTUAL DOCTORS TELEHEALTH and the Provider.

9. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.VIRTUAL DOCTORS TELEHEALTH respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to VIRTUAL DOCTORS TELEHEALTH’s Designated Copyright Agent, identified below.Notices of Alleged Infringement for Content Made Available on the Site.If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.

• 1. Identify the copyrighted works that you claim have been infringed.
• 2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
• 3. Provide your mailing address, telephone number, and, if available, email address.
• 4. Include both of the following statements in the body of the Notice:“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.””
• 5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to [email protected].

10. Disclaimer of Warranties

VIRTUAL DOCTORS DOES 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 SITE-RELATED 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. VIRTUAL DOCTORS DOES 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, SITE-RELATED SERVICES, AND LINKED WEBSITES. VIRTUAL DOCTORS TELEHEALTH 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.

11. Limitation of Liability Regarding Use of Site

VIRTUAL DOCTORS TELEHEALTH 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, LOST DATA, 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. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF VIRTUAL DOCTORS TELEHEALTH TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).

12. Dispute Resolution

VIRTUAL DOCTORS TELEHEALTH will try work in good faith to resolve any issue you have with Site, including services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any use or access of the Site, the Services or any other VIRTUAL DOCTORS TELEHEALTH site will be governed by the laws of the State of Texas, without regard to its conflicts of laws rules. You hereby waive any objections to such jurisdiction or venue. Any claims or controversies arising out of this Agreement, and/or the related use and access of the Site, the Services or any other VIRTUAL DOCTORS TELEHEALTH site, shall be exclusively in the state of Texas.

13. Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms 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.

14. Indemnity

You agree to defend, indemnify and hold VIRTUAL DOCTORS TELEHEALTH harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by VIRTUAL DOCTORS TELEHEALTH arising out of your breach of these Terms of Use or violation of applicable law, or access by anyone accessing the Site using your user ID and password. Notwithstanding the foregoing or anything to the contrary herein, VIRTUAL DOCTORS TELEHEALTH shall only exercise its rights in this Section after addressing applicable claims with Your employer or health plan should you be accessing the Site or Services through your employer or health plan

15. Right to Modify Revisions; General

VIRTUAL DOCTORS TELEHEALTH reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. VIRTUAL DOCTORS TELEHEALTH uses Google Analytics, a third-party tracking service, which uses cookies to track non-personal identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. VIRTUAL DOCTORS TELEHEALTH has no access to or control over these cookies. The companion Privacy Policy covers the use of cookies by VIRTUAL DOCTORS TELEHEALTH only and does not cover the use of cookies by any third-party. VIRTUAL DOCTORS TELEHEALTH reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between VIRTUAL DOCTORS TELEHEALTH and you pertaining to the subject matter hereof. In its sole discretion, VIRTUAL DOCTORS TELEHEALTH may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Intellectual Property Rights

The Services are protected under the copyright laws of the United States and other countries. All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Virtual Doctors TeleHealth or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Virtual Doctors TeleHealth, its affiliates, or any third party.

TERMS OF USE OF INDIVIDUAL USERS

Use of the Site

VIRTUAL DOCTORS TELEHEALTH (Virtual Doctors, we, us, our) operates the Virtual Doctors TeleHealth and website at https://www.virtualdoctors.ng/clinic We offer Telehealth services by linking our users with qualified healthcare practitioners who in turn provides medical and health services. By accessing and using this app, our devices or our website, you agree to be bound by these Terms and all other terms and policies that appear on the app and our website. You are not allowed to use this app and our devices if you do not agree with these terms.

Healthcare Services.

The Healthcare Professionals who deliver Services through Virtual Doctors are independent professionals. Virtual Doctors, does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Healthcare Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Virtual Doctors nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Healthcare Professional via the Services.

App Content.

None of the App content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

User Accounts.

When you register on the App, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Virtual Doctors (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information, you upload to the App, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Virtual Doctors reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the App and your Account Information. In no event and under no circumstances shall Virtual Doctors be held liable to you for any liabilities or damages resulting from or arising out of your use of the App, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.

Use of the Services by Children.

The Services are available for use by children but children are not authorized to become Account holders and may not use the Services without the supervision of a parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

Access Rights.

We hereby grant to you a limited, non-exclusive, nontransferable right to access the App and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the App, devices or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the App, devices or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the App, devices or Services; (d) distribute viruses or other harmful computer code through the App and devices; or (e) otherwise use the Services, devices or App in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Healthcare Professionals through the App and to refrain from contacting Healthcare Professionals for telehealth services outside of the App. Virtual Doctors is not responsible for any interactions with Healthcare Professionals that are not conducted through the App. We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.

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 Virtual Doctors with your payment information, you agree that Virtual Doctors is authorized to immediately invoice your account for all fees and charges due and payable to Virtual Doctors hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with Virtual Doctors to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Virtual Doctors, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.

You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to all or a portion of the fees you 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. Payment for services on the Virtual Doctors Telehealth platform are non-refundable, please make such you are comfortable before you make any payment on the website.

Termination.

You may deactivate your Account and end your registration at any time, for any reason by deactivating your account in the app or sending an email to us. Virtual Doctors may suspend or terminate your use of the App, your Account and/or registration for any reason at any time. Subject to applicable law, Virtual Doctors reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the App pursuant to its internal record retention and/or content destruction policies. After such termination, Virtual Doctors will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Healthcare Professionals are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

Right to Modify.

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the App, devices and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.

Disclaimer Of Warranties.

YOU EXPRESSLY AGREE THAT USE OF THE APP, DEVICES OR SERVICES IS AT YOUR SOLE RISK. THE APP, DEVICES AND SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. VIRTUAL DOCTORS 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.

Limitation Of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL VIRTUAL DOCTORS, VIRTUAL DOCTORS HEALTHCARE PROFESSIONALS OR THEIR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, 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 INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, DEVICES OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification.

You agree to indemnify, defend and hold harmless Virtual Doctors, Virtual Doctors Healthcare Professionals and their 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.

Virtual Doctors makes no representation that all products, services and/or material described on the website or App, Devices or the Services available through the App, are appropriate or available for use in locations outside of the supported state or country.

Disclosures

All Health Professionals performing licensed clinical services on the App hold the professional licenses issued by the professional licensing boards or agencies in the states where they practice. All physicians and psychologists hold advanced degrees in either medicine or psychology and have undergone postgraduate training. You can report a complaint relating to the care provided by a Healthcare Professional by contacting the professional licensing board in the state where the care was received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board or agency that licenses, registers, or certifies the licensee.

Any clinical records created as a result of your use of the Services will be securely maintained by Virtual Doctors on behalf of Health Professionals for a period that is no less than the minimum number of years such records are required to be maintained under relevant laws and regulations.

Web Links

WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER APP, WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH PLATFORMS OR THEIR RESPECTIVE OPERATORS.

Ownership.

The App and Devices and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Virtual Doctors, its licensors or other providers of such material and are protected by the USA and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the App and Devices for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App except as generally and ordinarily permitted through the App according to these Terms of Use. You must not access or use for any commercial purposes any part of the App or any services or materials available through the App.

Trademarks.

Certain of the names, logos, and other materials displayed on the App may constitute trademarks, trade names, service marks or logos (‘Marks’) of Virtual Doctors or other entities. You are not authorized to use any such Marks without the express written permission of Virtual Doctors. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

Privacy and Communications.

Virtual Doctors is required to comply with relevant healthcare privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Healthcare Professional during a medical consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy.

As part of providing, you with the Services, we may need to provide you with certain communications such as appointment reminders, service announcements, privacy notices, administrative messages and other communications about the Services (“Communications”). These Communications are considered part of the Services and your Account.

You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the App you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you Communications through electronic means including but not limited to: (1) by email, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration (“SMS Messages”), (3) push notifications on your tablet or mobile device, or (4) by posting Communications on the App. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication. You can withdraw your consent to receive Communications by deactivating your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and Virtual Doctors. Virtual Doctors 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 Virtual Doctors.

The number of SMS Messages we send as part of our Communications will depend on the frequency of your use of the Services. You can stop receiving SMS Messages at any time by unsubscribing in the App.

Miscellaneous.

These Terms of Use and your use of the App shall be governed by the laws of the Law of the state of Texas. ANY DISPUTE ARISING UNDER OR RELATING IN ANY WAY TO THESE TERMS OF USE WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN TEXAS UNDER THE RULES OF THE LAGOS COURT OF ARBITRATION, EXCEPT THAT EITHER PARTY MAY BRING A CLAIM RELATED TO INTELLECTUAL PROPERTY RIGHTS OR SEEK TEMPORARY AND PRELIMINARY SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF, IN ANY COURT OF COMPETENT JURISDICTION, WITHOUT THE POSTING OF BOND OR OTHER SECURITY. ALL CLAIMS, WHETHER IN ARBITRATION OR OTHERWISE, MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING.

No waiver by Virtual Doctors of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Virtual Doctors to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Virtual Doctors devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.