PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS YOU ARE NOT AUTHORISED TO ACCESS OR USE ASKDOCTORD AND THE PLATFORM, IN ANY WAY, AND YOU SHOULD LEAVE, EXIT, END YOUR SESSION, CANCEL YOUR APPOINTMENT OR CLOSE YOUR CONNECTION IMMEDIATELY.
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Definitions
- Desol Medical Solutions Limited:This is the company that runs askdoctord.com as her online medical services and may be used interchangeably with “askdoctord” or “Desol Medical Online Solutions”, “we”, “us”, or “our”.
- Tele health Services: This refers to any form of medical consultation, counselling/advice, intervention given via technological means (texting, audio, video and others). It may be interchangeably used with “services”, “healthcare services”.
- Users: This may be interchangeably used with “you”, “clients”, “members”, or “visitors”.
- Treating Providers: This refers to doctors that offer services on our site. may be replaced by “healthcare Professionals”.
- Account/Account Information: Account refers to your personal information used in setting up your user’s profile. Account information refers to your name, age, email address, password, phone number, home address and other information collected while setting up your account.
- Affiliates: These are persons providing Services or Products through the Company or its App or making an order through the Company or its App, as well as suppliers and Practitioners and any subcontractors to the Company.
- App: This refers to the AskdoctorD mobile application provided by the Company which is available 0n the Apple App Store or Google Play Store.
- Practitioner: This refers to the medical health practitioner carrying out or providing the Services to include but not limited to a registered general practitioner (“GP”), registered nurse (“Nurse”) or registered medical specialist clinician or consultant (“Specialist”) registered, as applicable, with the relevant professional bodies .
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Operations
- Desol Medical Solutions Limited. (“AskdoctorD”, “we”, “us”, or “our”) operates the website located at www. Askdoctord.com.ng and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site”).
- We offer online services in forms of video, audio and text chat enabling our users to state their health history and interact with healthcare professionals to obtain medical and healthcare services. Also, we provide health informations for public consumption and organise up-to-date courses for continuous professional development for health professional. By using this site, you signify your consent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, you may not use this site!
- All of the healthcare professionals who convey services through AskdoctorD.com.ng are independent professionals exclusively responsible for the services each provides to you.
- None of the site content (other than information/advice you receive from Treating Providers) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for users.
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SERVICES
PLEASE NOTE THAT ASKDOCTORD.COM.NG is NOT for/ to be used in an EMERGENCY/URGENT situations
IF YOU THINK OR BELIEVE THAT YOUR SITUATION OR THE PERSON YOU ARE ASSISTING TO USE OUR PLATFORM AND/OR THE SERVICES IS IN (OR YOU THINK THERE IS THE POSSIBILTY FOR THE SITUATION TO ESCALATE TO ONE CONSIDERED TO BE AN URGENT OR EMERGENCY SITUATION YOU SHOULD IMMEDIATELY CEASE YOUR ATTEMPT TO USE OR YOUR CURRENT USE OF ASKDOCTORD.COM AND DIAL EMERGENCY LINE OR SEEK ALTERNATIVE APPROPRIATE EMERGENCY MEDICAL SERVICES.
Note that:
- The Services and Products ordered through the App may be provided to you by the Desol Medical Online Solutions or by a third party. These are the terms and conditions on which Desol Medical Online Solutions supplies Services, Products or otherwise contracts with you. If a third party provides a Service or Product through the App, the third party may apply its terms and conditions to the Service or Product provided by it. Please ensure that you carefully read these Terms, and the terms and conditions of any third party which provides a Service or Product through the App.
- Desol Medical Online Solutions does not contract otherwise than on these Terms unless explicitly agreed in writing. If you do not agree with these Terms, you should not use askdoctord.com’s App or otherwise order or use any Product or Services from the Company.
- The price of the Services or Products will be set out in the Company’s App or in the Schedules to these Terms at the time of agreement by the Company to provide the Services and or Products. The Company’s prices may change at any time, but price changes will not affect any Services or Products that you have already ordered.
- These prices exclude: (i) VAT, where applicable, and unless otherwise stated; and: (ii) reasonable credit card and other processing fees, where these are incurred by Desol Medical Online Solutions. Desol Medical Online Solutions will typically charge or invoice you for the Services or Products at the time you order them. Any amounts charged or invoiced are due and payable upon the invoice being issued unless otherwise specified in these Terms or the App.
- You can pay for Services or Products using a credit or debit card or other appropriate methods acceptable to our company
- Payment for the Services and/or Products and all applicable delivery charges is to be made in advance.
- When you book a consultation with a professional,(i) request a medical test or fulfilment of a charge you in full for that Service or Product, or (ii) invoice your insurer, and in the event there is a shortfall in your insurer’s contribution relative to the price of the Product or Service, you will be invoiced for that shortfall.
- The Company will use reasonable endeavours to process select insurance claims directly with approved insurers on your behalf, providing you have provided correct and sufficient insurance details (including, without limitation, authorisation details for the relevant treatment), the relevant treatment is likely to be a treatment covered by the insurance company, you have consented or requested such processing in the App and the insurance company is one which is on an approved list as having agreed to such interaction with the Company. By providing your insurer’s information through the App you will be deemed to have consented to the above processing but, for the avoidance of doubt, the Company shall not process an insurance claim with any insurer without a valid pre-authorisation number for that treatment that you supply. It is your responsibility to verify with your insurer that the condition to be treated is covered by your insurance, and to obtain a pre-authorisation number for your treatment which you enter into the App. The Company is not responsible for this pre-authorisation or verification. Insufficient documentation will prevent direct settlements and may result in the account being billed to you. Any shortfalls in benefit are your responsibility. Should your insurer determine that the care and treatment is not covered, or not fully covered, under your insurance policy, you agree that you will be liable for the portion of the charges that are not settled by the insurer.
- You agree to provide only valid pre-authorisation details and insurance processing requests through the App.
- You understand and acknowledge that pathology (tests) and treatments ordered following a consultation with a health provider may not be eligible for insurer contributions that may be available if ordered following a consultation with a Specialist.
- You understand and acknowledge that subscriptions will automatically renew upon the end of the agreed term, unless you provide a written request to the Company to cancel the subscription prior to the end of the relevant subscription period.
- Subscriptions available within the App are yearly subscriptions, payable up-front in advance. For your convenience, the per-month price may be displayed.
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Informed Consent.
- Telehealth(telemedicine) is the delivery of healthcare services using interactive technology such as texting, audio and video technology, where the patient and the healthcare professional are not in the same physical location. During your telehealth consultation with a Treating Provider, details of your medical or health history and personal health information may be discussed with you through the use of interactive video, audio, text and other telecommunications technology, and your healthcare professional may perform a physical examination through these technologies. Depending on your medical or health history and/or specific complaint, you may be asked to provide information through biometric devices such as blood pressure cuffs, glucometer or digital thermometers. As a registered and subscribed member, you may also be asked for proof of identity with a legal document such as your driver’s license.
- The Services you receive from consulting Health Professionals are not proposed to replace a primary care physician relationship or be your permanent medical home. You should seek emergency support or follow-up care when mentioned by a Consulting health Treating Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. AskdoctorD may make arrangements for follow up care either through AskdoctorD platform, a health systems partner or other healthcare providers. You will have direct access to customer support services to follow up on medication reactions, side effects or other adverse events. Among the benefits of our services are upgraded access to healthcare professionals and convenience. However, as with any medical or health service, there are potential hazards associated with the use of telehealth. These risks include, but may not be limited to: Occasionally, information transmitted may not be satisfactory (e.g. poor resolution of pictures) to allow for apt medical or healthcare decision making by the Treating Provider; Delays in evaluation or treatment could occur due to failures of the electronic equipment; Although the electronic systems we use will integrate network and software security protocols to protect the privacy and security of health information, in rare cases, security protocols could fail, causing a breach of privacy of personal health information
- By accepting these Terms of Use, you admit that you understand and agree with the following: You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be assured or guaranteed. You understand that the laws that protect the privacy and security of health information apply to telehealth, and have received askdoctorD’s Notice of Privacy Practices, which describes these protections in more detail.
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Privacy
AskdoctorD is required to conform to the Nigerian healthcare privacy and security laws and maintain safeguards to protect the security of your health information. We dedicate considerable effort toward ensuring that your personal information is secure with us.
Information regarding our use of health and other personal information is provided in our Site Privacy Policy and health information Notice of Privacy Practices. As part of providing you the Services, we may need to provide you with certain communications, such as administrative messages, appointment reminders and service announcements. These forms of communications are considered part of the Services and your Account. Under certain circumstances, insecure email communication containing personal health information may take place between you and AskdoctorD, though we are aware that the secure electronic messaging is always preferred to insecure email.
AskdoctorD cannot ensure the security or confidentiality of messages sent by email.
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User Account
When you register on the Site, you are required to create an account by entering your name, phone number, email address, password and certain other information collected by AskdoctorD 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 Site will be true, accurate, up-to-date, and complete. You may not transfer or share your Account Password with anyone, or create more than one Account (with the exemption of subaccounts created for children of whom you are the legal guardian or parent). You are responsible for maintaining the confidentiality of your Account Password and for all activities that occur under your Account.
AskdoctorD reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall AskdoctorD be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, 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.
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Use of the Services by Children
If you register as the parent or legal guardian on behalf of a child, you will be fully responsible for complying with these Terms of Use. The Services on the site are available for use by children, but the Member for all patients under the age of 18 must be the patient’s legal guardian or parent.
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Access Rights
We hereby grant to you a limited, non-exclusive, non transferable right to access www.askdoctord.com.ng 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 Site or Services to anyone for any reason at any time. You agree that you will not, and will not attempt to:
- Use the Site or Services to violate any local, state, national or international law;
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- Decompile, disassemble, reverse engineer, or translate any software or other components of the Site or Services;
- Distribute viruses or other harmful computer code through the Site or
- Otherwise use the Services or Site in any manner that exceeds the scope of use granted above.
In addition, you agree to abstain from abusive language when communicating with Treating Providers through the Site and to refrain from contacting consulting Health Providers for telehealth services outside www.askdoctord.com.ng. AskdoctorD is not responsible or liable for any dealings with Treating Providers that are not conducted through the Site. We strongly recommend that you do not use the Services on public computers or cyber cafes. We also recommend that you do not store your Account password through your web browser or other software.
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Website Links
‘ASKDOCTORD’ WILL NOT BE LIABLE FOR ANY INFORMATION, LINKS, OR SOFTWARES FOUND AT ANY OTHER INTERNET LOCATION, SOURCE OF INFORMATION, OR WEBSITE, NOR FOR YOUR USE OF SUCH LINKS, SOFTWARE OR INFORMATION, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
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Ownership
AskdoctorD.com and its entire contents, functionality and features (including but not limited to all information, text, software, displays, images, video and/or audio, and the design, selection and arrangement thereof), are owned by Desol Medical Solutions Limited, its licensors or other providers of such material and are protected by Federal Republic Of 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 Site 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 Site except as generally and ordinarily permitted through the Site according to these Terms of Use. Any part of the Site or any services or materials available through the Site MUST NOT be accessed or used for any commercial purpose(s).
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Trademarks
Certain of the names, logos, and other materials exhibited on the Site or in the Services may constitute trademarks, service marks, trade names or logos (“Marks”) of AskdoctorD or other bodies. You are not authorized to use any such Marks without the express written permission of Desol Medical Solutions Ltd. Ownership of all such Marks and the goodwill associated therewith remains with AskdoctorD or those other entities.
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Termination
You may deactivate your Account and end your registration at any time, for any reason by sending an email to enquiries@askdoctord.com.ng AskdoctorD may suspend or terminate your use of the site, your Account and/or registration for any reason at any time. Subject to applicable law, AskdoctorD reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, AskdoctorD will have no additional obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Treating Providers are obliged to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
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Right to modify
We may at our solitary discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continual use of the Site 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.
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DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ASKDOCTORD 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.
You acknowledge and agree that AskDoctorD does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Treating Providers, including physicians and other Treating Providers in the AskDoctorD network. You acknowledge and agree that the Treating Providers using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Treating Providers, in their sole discretion, as they deem appropriate.
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LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ASKDOCTORD OR ITS DIRECTORS, SUBSIDIARIES, OFFICERS, AFFILIATES, EMPLOYEES, AGENTS, PARENTS OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, 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 SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), 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.
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Indemnification
You agree to indemnify, defend and hold harmless your Treating Provider(s) from and against any third party Claims ensuing from your lack of adherence with the advice or recommendation(s) of such Treating Provider.
Also, You agree to indemnify, defend and hold harmless AskDoctorD , it’s directors, subsidiaries, officers, affiliates, employees, agents, licensors and suppliers, harmless from and against any claim, demands, actions, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these terms and conditions.
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Geographical Restrictions
AskDoctorD makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the Federal Republic of Nigeria or all territories within the Federal Republic of Nigeria or other parts of the world.
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Miscellaneous
These Terms of Use and your use of the Site shall be governed by the laws of the State of Lagos, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Lagos, under the rules of the Nigerian Arbitration Association, 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. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Lagos, for any action related to these Terms of Use.
You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you any privacy or other disclosures, notices, or communications regarding the Services (collectively, “Communications”) through electronic means including but not limited to:
- By SMS, using the phone number you provided to AskDoctorD while registering;
- By e-mail, using the email address that you provided to us during registration or
- By posting the Communications on the Site.
The delivery of any Communications from AskDoctorD is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery of such communication. You can withdraw your consent to receive Communications by email/SMS by cancelling or discontinuing your use of the Service.
No waiver by the Company 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 the Company 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. askdoctorD dedicates considerable effort to improving diagnosis deficiencies but is not responsible for the Internet or data bandwidth and signal of your mobile device.
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Summary & General Disclaimer
Askdoctord.com.ng is the Service Provider and you should contact us with any complaints whether customer service based or those of a medical nature. You expressly understand, accept and agree that when using the Platform the health provider that ASKDOCTORD will connect you with are independent medical professionals that are individually responsible for the medical advice and medical services that they offer to you via the Platform. You also accept during the course of your communication and consultation(s) with Practitioners on the Platform that ASKDOCTORD liability is limited the Services are offered on a self-pay basis and individually to you, at AskDoctorD’s sole discretion, without question. You choose to use Askdoctord.com.ng at your own risk.
ASKDOCTORD is not a prescription provision or fulfilment service, prescriptions will only be issued by Practitioners under circumstances that are appropriate, legal, responsible and as the result of discussion and mutual agreement being reached between you and the Practitioner by way of you having consultation with the prescribing Practitioner on a ASKDOCTORD.COM.NG platform. You wholly understand and accept there is no guarantee whatsoever that you will be issued or provided with a prescription for any medication by a Practitioner on Askdoctord.com.ng under any circumstances that are not legal, responsible, the result of mutual discussion and agreement and finally the issuing of the prescription is at the sole discretion of the consulting Practitioner themselves.
YOU ACKNOWLEDGE THAT YOUR USE OF THE ASKDOCTORD.COM PLATFORM AND THE SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Desol Medical Solutions Ltd/askdoctord platform AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, ASKDOCTORD AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE ASKDOCTORD PRODUCTS AND SERVICES PROVIDED HEREUNDER ASKDOCTORD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE ASK DOCTORD PLATFORM OR SERVICES.
Please report any violations of these Terms of Use to enquiries@askdoctord.com.ng