Use of the Site

Virtual Doctors (Virtual Doctors Nigeria, Virtual Doctors App, Virtual Doctors Telemedicine, we, us, our) operates the Virtual Doctors Telehealth and website at www.virtualdoctors.com.ng. We provide a marketplace for 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.

As a Healthcare Professional who deliver Services through Virtual Doctors, you are an independent professional. 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 a link to the Services shall be liable for any professional advice you provide as a Healthcare Professional via the Services.

You retain the sole right to determine when you are providing the Medical Services. You shall accept, decline or ignore Medical Services requests made by new Patients at your own choosing provided that you shall not cancel a consultation session less than 24 hours to the appointed time. You are however obligated to continue attending to patients who you have accepted previously except when that patient has been properly referred to another health care professional.

You are obliged to provide and maintain all equipment and means that are necessary to perform the Medical Services at your own expense, including a smartphone, Tablet or personal computer, internet connectivity, etc. You are also responsible for paying all costs you incur in the course of performing the Medical Services including, but not limited to, electricity, internet data plan costs, professional indemnity, relevant corporate or payroll taxes etc. Please bear in mind that using the Virtual Doctors TeleHealth may bring about consummation of large amount of data on your internet data plan. Thus, we suggest you to subscribe for a data plan with unlimited or very high data usage capacity.

App Content

None of the App content (other than information you provide as a Healthcare Professional) shall be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for patients.

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. 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.

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 patients through the App and to refrain from contacting patients for telehealth services outside of the App. Virtual Doctors is not responsible for any interactions with Patients 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

You are entitled to 70% (after payment gateway fee deduction) of every fee for each consultation session you render with patients on Virtual Doctors. Virtual Doctors will collect this fee on your behalf and remit the portion accruing to you less Virtual Doctors TeleHealth platform usage commission at the end of each week.

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 health records of your patients or you are required to provide patients with continuing care under applicable legal, ethical and professional obligations to them.

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 PATIENTS 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 patients 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.

You agree to indemnify Virtual Doctors against any medical malpractice claim relating to the medical and health services you provide on the Virtual Doctors TeleHealth. You also agree to indemnify Virtual Doctors against any claim arising from, or relating to, any defect in your possession of relevant licenses and certifications, or your not being in good standing with relevant regulatory bodies and authorities.

Geographical Restrictions.

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

Disclosures.

You agree that you hold the professional licenses issued by the professional licensing boards or agencies in the state where you practice. You also warrant that you hold advanced degrees in medicine and have undergone postgraduate training. You agree to have reports of any compliant related to the care you have provided or are providing on this app made to the professional disciplinary body in the state where you are license. You understand that in a professional relationship, sexual intimacy is never appropriate and compliant will be made to appropriate authorities if you commit a breach of this understanding.

Any clinical records created as a result of your use of the Services will be securely maintained by Virtual Doctors on behalf of you and the patients 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. On no account should you use or release or disclose any patients’ health data, record or information to anyone within our outside Virtual Doctors Telehealth, except authorised persons within the team or based on written authorisation by patient, doing so will amount to breaking patients data privacy law and you are liable to any consequence that may follow

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 Nigeria 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, except in accordance with these Terms of Use.

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 us during the signup process, and your clinical notes during a medical consultation or therapy session are 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 and the personal information of patients are secure. Information regarding our use of health and other personal information is provided in our Privacy Policy.

You agree to fully comply with our Privacy Policy as may be published from time to time. You are obligated to store all clinical notes and data relating to patients in Virtual Doctors’ secure database, and you are prohibited from making copies or removing such notes and data from the Virtual Doctors platform. 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 work including clinical notes and medical records of patients, 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 Virtual Doctors TeleHealth. 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 or personal computer.