This web site and any mobile application, including the Favdoctor Whatsapp page (collectively the “Site”), are owned and operated by Favdoctor (referred to as “Favdoctor” herein). The Site and its content (“Content”) and the Favdoctor software shall be provided merely as a service (“Service”) and may only be accessed in accordance with this Agreement By using the Services, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Service, as well as any applicable laws hereunder. You should not use our Services if you do not agree to these Terms of Service.
Eligibility to Use Our Services: Only adults, who are at least eighteen (18) years of age, located in Nigeria, are eligible to use our Services. We are committed to protecting the privacy of children. We do not collect personally identifiable information from any person we actually know is a child under the age of 18. You may use the Services to facilitate obtaining or obtain healthcare services for a minor if you are the minor’s parent or legal guardian. In addition, you must be fully competent to enter into and to comply with these Terms of Service. You represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and can abide by all of the terms and conditions set forth herein.
Favdoctor Does Not Provide Medical Advice: The Services enable consumers and healthcare providers to share information and communicate. Services do not constitute medical advice. Any healthcare information you obtain through the Services is provided solely by other Users and Favdoctor serves merely as a conduit for such information. We make no representation regarding the accuracy of the information you access via the Services. Company expressly disclaims all liability with respect to any healthcare information you obtain through the Services and any actions taken or not taken based on your use of our Services. Any reliance on such Services is at your own discretion and risk. No licensed medical professional/patient relationship is created between you and the Company when you use our Services. If you are seeking care, you are solely responsible for determining the suitability of the healthcare provider for your needs.
Relationships between Professional Users and End Users: Professional Users’ relationship with End Users, including patients and non-patients, is directly between the Professional User and the End Users. We may provide Services that enable Professional Users to deliver telemedicine services to End Users. End Users may have the ability to transmit images to Professional Users through the Services in association with the telemedicine encounters. In addition, Professional Users may use the functionality of the Services to capture images or videos during the telemedicine encounter. End-User expressly consents to the use of image capture and recording as part of the telemedicine encounter. Professional User is solely responsible for extracting the image or video from the Services and incorporating any image or video into the Professional Users' medical record.
Compliance Rules with Applicable Laws, Regulation and Licensure Requirements for Professional Users: Professional Users are expected to comply with all relevant state and federal laws, reimbursement rules and third-party payor agreements, as applicable, related to transactions implicated by Professional Users’ relationship with End Users and use of Favdoctor’s Services. Professional Users shall assume sole liability and responsibility with respect to this as regards the following:
Favdoctor does not archive or keep any medical records, and the Professional User assumes all responsibility for maintaining any medical records that may be associated with Favdoctor’s Services. User Limitations and Cancellation of Accounts: Favdoctor may at any time create limitations of your use of our Services including, but not limited to, the number of times you can access the Services. We also reserve the right to cancel a user’s account at any time in our sole discretion and remove and discard any content that may have been posted by said User. The following actions may lead to the exercise of said discretion;
Users also reserve the right to close their own account, which can be done by contacting the Customer Care Service of Favdoctor. When a request to close down an account is sent, the User’s account email or details should be included in the body of the mail, along with the request to have the account removed. Such Users will also be asked to verify the closure request, either by e-mail or through any other means, as a prerequisite for the closure of their account. You agree that we shall not be liable to you for any cancellation, limitation, or termination of your access to our Services. If you have a paid subscription, you will be bound to the terms of termination in your subscription agreement.
Prohibited Conduct: The Content and Services of Favdoctor may not be used for any illegal purpose as our Services are designed to be used only for lawful purposes. We specifically prohibit you from engaging in any of the following conduct:
Favdoctor reserves the right to block any user who engages in any of the above prohibited acts and unless you receive explicit permission, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.
Review of Contents and Users: Users shall ensure that the User Content they upload or submit to be uploaded for public display is appropriate, legal and not in violation of any or ordinance in Nigeria, is not obscene or pornographic, is not defamatory in any way to a third party, does not carry any threat or in any way harassing, does not invade the privacy of others, and is not otherwise objectionable.
Service Operation: In order to ensure that our Services are free from bugs, errors, technical problems, or defects, we ensure that general maintenance is carried out on our platforms from time to time and every detected bug, errors, technical problems, or defects are combated by technicians immediately they are detected. Users who detect any error or technical issue should inform us through the provided links with details of such error.
Guarantees: We assume no responsibility or any form of liability for interrupted use of our services or denial of access to our services as we do not guarantee uninterrupted use of our services or that Users will have uninterrupted access to it due to unforeseen technical issues. In order to be safe from viruses, we urge Users to take reasonable care in downloading information from the Services. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of our Services or as a result of downloading from the Services. We reserve the right to discontinue operation of our Services at any time for any reason at our sole discretion and to make modifications to the operation of the Services at any time at our sole discretion.
Intellectual Property: Favdoctor and/or its licensors own all the intellectual property rights and materials posted to our services and all our platforms. Users and all visitors to our platforms are granted limited license only for the purpose of viewing the contents of our platforms and you may not reproduce, display, distribute, create derivative works of, misappropriate, or otherwise use for any purpose any portion of our Services without the express written permission of us or our licensors as appropriate.
By using Favdoctor, Users agree not to infringe our Copyrights, Trademarks, Trade Secrets, or other intellectual property rights or engage in activities that will constitute copyright infringement on our platforms. Intellectual Property Infringement Complaints: in order to ensure that we respect the Intellectual Property rights of others, we do not ignore complaints of the infringement of intellectual property rights. Please notify us through email address (add email address) to let us know if you think we have in any way infringed on your intellectual property rights.
WARRANTIES: THIS WEBSITE IS PROVIDED “AS IS,” WITH ALL FAULTS, WITHOUT ANY WARRANTY EITHER EXPRESS OR IMPLIED. FAVDOCTOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. PURSUANT TO APPLICABLE LAWS IN NIGERIA AND TO THE FULLEST EXTENT POSSIBLE FAVDOCTOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FAVDOCTOR IS CLAIMS NO RESPONSIBILITY FOR ANY OF THESE OR ANY DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL FAVDOCTOR, NOR ANY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES OR LICENSORS, BE HELD LIABLE FOR ANYTHING OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE, OR THE INABILITY TO USE OF OUR SERVICES. COMPANY NAME, INCLUDING ITS OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS WEBSITE. THE SOLE AND ONLY REMEDY FAVDOCTOR OFFERS USERS WHO ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR PLATFORMS, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH OUR PLATFORMS, IS TO DISCONTINUE ACCESSING AND USING OUR PLATFORMS. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
Indemnification: You hereby indemnify to the fullest extent Favdoctor and our licensors from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms or from any third party claim or demand.
Severability: If any part of these Terms is found to be invalid under any applicable law, such provisions shall be assumed void without affecting the remaining provisions herein.
Assignment: Favdoctor has the right is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement: These Terms constitute the entire agreement between Favdoctor and you in relation to your use of our service, and supersede all prior agreements and understandings.
Governing Law; Jurisdiction; Dispute Resolution: These Terms will be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria without regard to the principles of conflicts of law. All disputes arising with Favdoctor under this agreement shall be submitted to binding arbitration under the relevant Arbitration laws in Nigeria and by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by the parties. The arbitration award shall be final and each party shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. In the case where judicial enforcement or review is sought, you submit to the non-exclusive jurisdiction of the state and federal courts located in Nigeria. All claims brought against Favdoctor or the Services must be resolved in accordance with this Section
Contact Us: In the event that you have any questions about these Terms of Service, or that you need further assistance with respect to the access or use of the Services, please notify us through firstname.lastname@example.org. EFFECTIVE DATE: These Terms of Service were last modified on June 2, 2020.
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information. If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. When you register for an Account on Favdoctor, we may collect personal information from you under a variety of circumstances as allowed by applicable law, including items such as name, company name, address, email address, and telephone number.
Favdoctor follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services' analytics. The information collected by log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.
We may disclose your personal information in order to deliver the services you request from us and the Professional Users. We may share your personal information with service providers, if you authorize us to do so by using our online appointment scheduling service, or if you use any other tool or feature of the Services that involves exchanging information with a healthcare provider. Service providers may be subject to certain obligations of patient confidentiality pursuant to patient confidentiality laws in Nigeria and are solely responsible for meeting all applicable patient confidentiality law obligations when the information is in their custody.
We also may share your personal information with third-parties engaged to provide services to us (such as market research firms, marketing services providers, and advertising agencies). We will ensure those parties agree to use any such personally-identifiable data solely for the purpose of providing the specified services to us. We may also share personal information that is de-identified and aggregated with third parties who are not providing services to us, who may utilize such personal information for advertising, data analysis, and analytics purposes.
We must cooperate with legal authorities, and may in some circumstances be required to disclose personally identifiable information in response to requests from law enforcement authorities, or in response to a subpoena or other legal process. We can turn over information about you if we believe we must in order to prevent a violation of the law, and by accepting this policy, you consent to our doing so, in our sole discretion. You also consent to our disclosing information about you in the course of legal proceedings if we are legally required to do so, if we reasonably believe that doing so may mitigate our liability, or if doing so will assist us in enforcing our legal rights. We also may share your information in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, and in the unlikely event of bankruptcy.
Financial information including credit card and bank account information and other such billing information is not stored on Favdoctor servers or in any Favdoctor databases unless you provide your billing information to us outside of our normal online secure billing process on the Favdoctor platforms. Unless required by legal authorities, Favdoctor will never share or disclose this information with any third-party aside from Favdoctor’s payment processors, merchant accounts, and data security services.
Any information we collect from you will be collected pursuant to an SSL-secured connection. We use commercially reasonable efforts to implement all generally accepted, industry-standard best practices for the protection of personal information. However, no website or platform is entirely secure, and we cannot guarantee that your personal information will not be intercepted or accessed by others. While we have taken commercially reasonable precautions to protect the personal information that you provide to us, you should exercise discretion in what you provide to us, as there is always a risk that our Website or Platform may be compromised via a malicious attack, a system failure, a human error, or another vulnerability, which could result in the disclosure of personal information to third parties. Any third parties that we share personal information with will be solely responsible for securing any personal information that they receive from us. All such personal information will be protected in accordance with such third parties’ security practices and procedures then in-effect.
Professional Users are subject to certain obligations of patient confidentiality pursuant to the patient confidentiality laws in Nigeria and are responsible for meeting applicable patient confidentiality law obligations.
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity. Website Name does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.