Terms of User Agreement

The terms and conditions stated herein constitute a legal agreement between you and FavouriteDoctor. For the purposes of this Terms of Use Agreement, the “Company”, “us”, “we” and “ours” refer to FavouriteDoctor and “you” and “user” refer to you. Further, “Appointment” refers to the non-physical communication (online and remote), messaging correspondence, between you and a medical professional of FavouriteDoctor, and “Medical Professional” refers to doctors, nurses, therapists, technicians, and pharmacists.

Before you may become a user of the “FavoriteDoctor App”, you must agree to the terms and conditions that are set out below, including without limitation your agreement in Section 20 to arbitrate certain claims and not to participate in any class actions for claims subject to arbitration. By using the App, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Terms of User Agreement, and any future changes. You further acknowledge and agree that you have read and understand the Company’s Privacy Policy available at favoutite………

The Company may make modifications, deletions and/or additions to this Terms of User Agreement (“Changes”) at any time. Changes will be effective:.

THE INFORMATION PROVIDED BY PHYSICIANS ON THE APP IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE USER BY A DOCTOR OR OTHER HEALTH PROFESSIONALS. IF YOU SUFFER FROM A PSYCHIATRIC ILLNESS OR HAVE ANY SUICIDAL IDEATIONS, PLEASE CONTACT YOUR PHYSICIAN IMMEDIATELY.

IT IS AT THE USER’S DISCRETION TO RELY ON OR MAKE HEALTH DECISIONS BASED ON INFORMATION PROVIDED BY OUR DOCTORS. FAVOURITEDOCTOR WOULD ALWAYS RECOMMEND AN APPOINTMENT WITH A QUALIFIED PROFESSIONAL FOR AN EXAMINATION IN PERSON TO A USER.

IF YOU DO NOT AGREE TO ANY OF THESE TERMS YOU MAY NOT USE OUR SERVICES.

  1. No Doctor – User Relationship
  2. FavouriteDoctor does not replace your relationship with a physician or healthcare provider. The medical diagnosis, prescription and treatment provided by our medical professionals should not be relied upon as a substitute for medical advice, evaluation or care from your physician or other qualified healthcare provider.

    Whenever we use the words “your physician” or “your doctor” or “healthcare provider” or similar words on FavouriteDoctor, including in this Terms of Use Agreement, we mean your personal doctor with whom you have of an actual, mutually acknowledged, doctor-patient relationship (or the same kind of formal, real-world relationship between you and your personal professional healthcare provider).

  3. Use
  4. In order to be able to use the App, you first need to sign up with FavouriteDoctor, and upon successful completion of your sign- up with the Company, you will be provided with a personal account create a personal account, accessible to you by a password of your choice.

    You are responsible for safeguarding your account, so ensure you use a strong password and limit its use to this account

    We cannot be liable for any loss or damage arising from your failure to comply with the above

  5. Services and Scope of Services
  6. FavouriteDoctor App provides an online (video) and messaging communication system between you and a medical professional of your choice where you can ask questions that fall under our “What we can help you with” available on our website and receive diagnoses, prescriptions and treatments from the doctor of your choice in response (the “Services”).

    When the Services are provided, you and the doctor are not physically in the same location.

  7. Independence of Medical Professionals
  8. The opinions, statements and answers provided by a medical professional during an Appointment are solely the individual and independent opinions and statements of such medical professional and do not reflect the opinions of FavouriteDoctor. FavouriteDoctor does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned by a medical professional.

    The inclusion of a medical professional on favouriteDoctor App does not imply recommendation or endorsement of such professional nor is any information provided on any said individual intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. Such information is provided on an “as-is” basis and FavouriteDoctor disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose

  9. Informed Consent and User’s Risks
  10. You acknowledge that there are possible risks in using the Services, including but not limited to:

    • While FavouriteDoctor attempts to provide diagnosis, prescription and treatment to you, the Medical Professionals will not be examining you physically. The Medical Professional may not have access to all or some of your medical history that might be critical to inform you;
    • The Medical Professional will not have the benefit of information that would be obtained by examining you in person, observing your physical condition and by going through your medical records. This means that the service provided through FavouriteDoctor is different from the diagnostic and treatment services typically decided by a physical doctor. Therefore, the doctor may not be aware of facts or information that would have affected or informd his or her
    • The information or opinion on diagnosis you may receive could be limited and provisional;
    • There is no guarantee that a doctor will be able to provide you with responses to all your questions during an Appointment, nor deliver a result to you;
    • An inaccurate, incomplete or false medical history from you may lead to incomplete or incorrect diagnosis being provided to you by the doctor resulting in possible injury;
    • Failures of our systems or your mobile device leading to a delay in the delivery of the Services;
    • The doctor can refuse to continue with an Appointment and refer or recommend you to a physical hospital, if the doctor, in his sole discretion, is of the opinion that your situation is an emergency or is too severe;
    • The doctor can refuse to continue with an Appointment if the doctor, in his sole discretion, is of the opinion that your complaints and symptoms relate to a medical issue that does not follow our “What We Can Help You With Guideline”;
    • ix. FavouriteDoctor reserves the right to suspend and, delete any accounts of any users without prior warning ;
    • FavouriteDoctor can refuse to accept new sign-up accounts without any reason
    • FavouriteDoctor will not be liable for the protection of any information provided between you and a doctor during an Appointment.

    BY DECIDING TO ENGAGE OUR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AWARE OF THE RISKS AND LIMITATIONS ABOVE AND AGREE TO ASSUME THE ENTIRE RISKS.

  11. Representation and Warranties
  12. 6.1 By using the App, you expressly represent and warrant that you are legally entitled to enter into this Terms of Use Agreement. If you reside in a jurisdiction which restricts the use of the App and/or Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the App.

    6.2 Without limiting the foregoing, the App is not available to persons under the age of 18 (unless with a parent or legal guardian’s prior authorization). By using the App, you represent and warrant that you are at least 18 years old (or have the prior authorization of a parent or legal guardian).

    6.3 By using the App, you represent and warrant that you have the right, authority and capacity to enter into this Terms of Use Agreement and to abide by the terms and conditions.

    6.4 Your participation in using the App is for your sole, personal use. You may not authorize others to use your user account and/or password, and you may not assign or otherwise transfer your user account and/or password to any other person or entity.

    6.5 When using the Site, you agree to comply with all applicable laws of the nation, the country, state, province and city in which you are present while using the App.

    6.6 By using the App and/or Services, you agree that you will not use the App and/or Services to:

    • 6.6.1 Violate any laws or third party rights;
    • 6.6.2 Use the App and the Services if you are temporarily or indefinitely suspended from using the App;
    • 6.6.3 Interfere with or disrupt, or attempt to interfere with or disrupt, any FavouriteDoctor’s servers, networks or equipment connected to FavouriteDoctor;
    • 6.6.4 Stalk, threaten or harass any Medical Professional or user or infringe upon or attempt to infringe upon their privacy;
    • 6.6.5 Breach this Terms of User Agreement or any other applicable agreements or instructions conveyed by FavouriteDoctor;
    • 6.6.6 Additionally, you agree that you will not:
    • 6.6.6.1 Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our App without the prior expressed written permission of FavouriteDoctor and the appropriate third party, as applicable;
    • 6.6.6.2 Interfere or attempt to interfere with the proper working of our App or any activities conducted on our App; or
    • 6.6.6.3 Forge headers or otherwise manipulate identifiers in order to disguise the origin of content posted or transmitted through the Services or the App.
    • By using the App and/or Services, you agree to the following:
    • 6.7.1 The information furnished by you in the registration form is accurate, true, current and complete, and you will maintain and update such information during the term of this Terms of User Agreement so that it will remain accurate, true, current and complete at all times;
    • 6.7.2 All Appointments and other interactions between you and a doctor will be billed through PayPal or a similar service provider. You agree to abide by the pricing terms agreed upon with a doctor while using the FavoriteDoctor App and to pay to FavouriteDoctor all fees for services rendered to you by doctors.
  13. Doctor’s Responsibilities
  14. 7.1 The doctors covenant as follow:

    7.1.1 Not to diagnose, treat, test, recommend a course of treatment, or otherwise provide or perform services that require an in-person physical examination;

    7.1.2 Will recommend that users seek the advice of a doctor who can perform an in-person physical examination

    7.1.3 Will advise users that their advice is not a substitute for an actual physical evaluation by a qualified doctor;

    7.1.4 Will not engage in conduct that is harmful, unethical, fraudulent, deceptive; and

    7.1.5 Will not disclose any information that was provided to them by a user and will do all in their power to safeguard user’s privacy.

  15. Fees
  16. Appointment and Consultation fees will be paid through the secure worldwide online payment system PayPal or a similar service provider. You must be aware that no Appointment will be given until the payment fees are paid and received by FavouriteDoctor.

    8.1 FavouriteDoctor does not offer a guarantee of any sort of reimbursement.

  17. Proprietary Rights
  18. You acknowledge and agree that FavouriteDoctor owns all legal right, title and interest in and to the App and Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Nothing in the Terms of User Agreement provides you with ownership of these rights or right to use any of FavouriteDoctor’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

    9.1 FavouriteDoctor alone shall further own all right, title and interest, in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the App and/or Services (collectively Feedback).

    9.2 You are not required to provide any Feedback to the Company, however, to the extent that you do provide any Feedback to the Company, you agree to assign and hereby do assign to the Company all right, title and interest in and to such Feedback, and you do hereby waive and renounce any moral rights you may have in the Feedback in favour of Company, and agree that the Company may freely utilize such Feedback without compensation to you.

  19. Practices and Limits Concerning Use of the Services
  20. You acknowledge that FavouriteDoctor may establish general practices and limits concerning the use of the Services, including without limitation, the maximum number of times (and the maximum duration for which) you may access or use the Services in a given period of time.

    10.1 You further acknowledge that FavouriteDoctor reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

  21. Limitation of Liability
  22. You will not hold FavouriteDoctor, or any of its shareholders, directors, officers, agents and employees (collectively the “Company Parties”) (or any doctor) responsible for actions or inactions, which are made through our App or using our Services. We do not guarantee the quality, the truth or accuracy of any information provided through our App or using our Services. We also cannot guarantee continuous or secure access to our Services, and operation of our App may be interfered with by numerous factors outside of our control.

    11.1 In no event shall the company parties’ aggregate liability arising out of or relating to this Terms of User Agreement or your use, or inability to use this App or services or with respect to the content exceed the amounts actually paid by you to the company in the Twelve (12 months) period, immediately preceding the event giving rise to such claim.

    11.2 In no event shall the company parties be liable to you for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits or other economic advantage

    11.3 The company parties shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the App or the content, including but not limited to the use or inability to use the App, any reliance placed by you on its completeness and accuracy.

    11.4 Responsibility for the decisions you make regarding the App (with all its implications, including but not limited to decisions you make with the diagnosis, responses, prescriptions, suggestions or opinions received from doctors in using the App) rests solely with you. We will not assess the suitability, legality or ability of any users and you expressly waive and release the company parties to the maximum extent allowable under the applicable law, from any liability, claims, causes of action, or damages from your use of the App, or in any way related to the third parties.

    11.5 In case the applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, the company parties’ liability shall be limited to the maximum extent permitted by the law

  23. Disclaimer of Warranties, Representation and Conditions
  24. The company makes no representation, warranty or guaranty as to the reliability, timeliness, quality, suitability, availability, safety, accuracy or completeness of the App or anything transmitted to you during the provision of the services.

    12.1 The Company does not represent or warrant that:

    1. The use of the App will be secure, timely uninterrupted or error – free;
    2. The site will meet your requirements or expectations;
    3. The quality of the App, as well as any products, services, information or other material purchased or obtained by you through the App will meet your requirements or expectations or;
    4. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty or merchantability, fitness for a particular purpose, or non – infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company.
    5. The company makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of the App, as well as any services, products or goods obtained by third parties through the use of the App.
    6. You acknowledge and agree that the entire risk arising out of your use of the App, the services and any third party services or products remain solely with you, to the maximum extent permitted by law.
  25. Release
  26. If you have a dispute with one or more users or any of the doctors, you release the Company Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

  27. Indemnity
  28. You agree to indemnify and not hold the Company Parties liable of any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach or violation of this Terms of User Agreement, or your violation of any rights of a third party or your violation of any applicable law.

  29. Privacy
  30. During the registration process, you must provide accurate information about yourselves. Failure to do so is considered as a breach of this Terms of User Agreement, and those users will have their accounts terminated.

    15.1 FavouriteDoctor complies with the Nigerian privacy policies to protect and secure your personal health information. Further information regarding the privacy of your information can be found in our Privacy Policy.

    15.2 We use your information only as described in our Privacy Policy which is part of and is hereby incorporated into this Terms of User Agreement. If you object to your personal information being transferred or used in the way referred to in our Privacy Policy, please do not use our Services.

    15.3 Any information provided to any medical professional on FavouriteDoctor is confidential, will not be published anywhere, and can only be viewed by the medical professional. Any type of information that is related to you based on medical history or current notes we have about your file is stored on the secure database of FavouriteDoctor.

  31. Assignment
  32. This Terms of User Agreement may not be assigned by you (whether in whole or in part) without the prior written approval of the Company. This Terms of User Agreement may be assigned without your consent (in whole or in part) by the Company, including, without limiting the foregoing, to (i) a parent or subsidiary, (ii) an acquirer of assets or shares, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

  33. No Agency
  34. No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Terms of User Agreement or use of the App.

  35. Notices
  36. Except as explicitly stated otherwise, any notices to FavouriteDoctor shall be sent to: ………. and to you to the email address which you provided to FavouriteDoctor during the registration process.

  37. Controlling Law and Jurisdiction
  38. This Terms of User Agreement and any action related thereto will be governed by the laws of the Federal Republic of Nigeria without regard to its conflicts of laws provisions. Subject to the rest of this Section, the exclusive jurisdiction and venue of any action in relation to this Terms of User Agreement will be Ondo State of Nigeria and each of the parties hereto waives any objection to jurisdiction and venue in such courts. However, in the event of the actual or threatened infringement, misappropriation or violation of the Company’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, the Company may, at its discretion, institute legal proceedings in any jurisdiction(s) which is (are) deemed necessary or advisable.

  39. Dispute Resolution.
  40. You and the Company agree that any dispute, claim or controversy arising out of or relating to this Terms of User Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the App or the performance of the Services (collectively, “Disputes”) will be settled exclusively by binding arbitration.

    20.1 Further, unless both you and Company otherwise agree in writing, the arbitrators may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

    20.2 If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Terms of User Agreement.

  41. General
  42. If any provision of this Terms of User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

    21.1 Headings are for reference purposes only and do not limit the scope or extent of such Section. The failure of the Company to enforce any right or provision in this Terms of User Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

    21.2 This Terms of User Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.


CONTACT

info@favdoctor.com
+234(0) 811 0811 820

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