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MobiHealth Terms & Conditions
MobiHealth, located at www.mobihealthinternational.com is a site operated by MobiHealth Ltd. (hereinafter “MobiHealth”, “we” or “us”). We are registered in Nigeria with registration number RC145179 and undergoing registration in other countries. We are a limited liability company.
We operate a platform and an online community that is designed to form a network for doctors and other healthcare professionals and medical service providers (all together “Providers”) to engage, share and learn with the view to improving overall healthcare and wellbeing of people (“Users”) in developing countries by offering video consultations remotely and also connecting them to healthcare services within their locality and beyond. The services offered by MobiHealth include our app (the “App”), the Mobihealthinternational.com website (the “Website”), the MobiHealth Instant Video/SMS Messaging (MHIVSM), the MobiHealth E-mail (MHE), and any other features, content, or applications offered from time to time by us and our partners (“Services”).
(“Providers” and “Users” in this document and those documents referred to in it are all together “Members”)
PLEASE READ THEM CARFEULLY BEFORE YOU USE THE SERVICES OR REGISTER AS A MEMBER. IF YOU DO NOT AGREE WITH ALL ITS CONTENTS, YOU SHOULD LEAVE THE WEBSITE AND/OR APP AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY.
This page (together with the documents referred to on it) explains the general terms on which you may make use of our Services, whether as a Visitor or as a Member. Members or Visitors are only authorized to use the Services (regardless of whether access or use is intended) if they agree to abide by all applicable laws in the country of access, and to these Terms. This includes such guidelines or policies that permit Providers to offer healthcare services in the country where our Services are accessed or where they are offered.
By your continued access to any of our Services, you agree to the terms outlined in this document and specifically agree to the following:
We discourage the use of our Services in emergency situations, we strongly advise that your local Provider be contacted in the case of emergency.
Membership Eligibility and Information:
If you wish to register as a Member and enjoy access to our Services, you must read these Terms and indicate your acceptance before completing the registration process.
Please note that MobiHealth membership, whether by subscription or provided free of charge by MobiHealth, our partners, agents or other parties gives access to doctors, medical consultants and registered healthcare professionals and providers directly/indirectly involved in patient care; research investigators employed by hospitals, clinics, universities and charitable research organizations. Membership Subscription is on an annual basis and Members have the option to renew based on current terms and conditions at the time of renewal.
Note further that you must be resident in any of the African countries where MobiHealth is operational to use our services. Subscription plans cover only services delivered in the said African countries. Where a member buys a subscription plan in an African country where we are not operational, such member is entitled to a refund of fees paid for the purchased plan after deduction of bank charges and application transactions must have taken place.
Information on the countries MobiHealth is operational will be available on the website, www.mobihealthinternational.com along with updates. Otherwise, members may request the information via email@example.com
Members agree to pay as a subscription fee, the sum as stipulated by MobiHealth from time to time and we reserve the right to change our fees in our discretion. Members will be notified when there is a change in subscription fees. If we terminate your Membership because you have breached these Terms, you shall not be entitled to the refund of any unused portion of subscription fees. Likewise, if you terminate membership of MobiHealth you shall not be entitled to any refund of your subscription fee.
Membership subscription plan will be activated, and Members will only be able to access any of the charged features for use, 60 days after payment of subscription fee has been cleared.
Individuals and organizations including but not restricted to the following groups may only register for membership with the prior written consent of MobiHealth: medical industry companies, their employees and agents; including but not restricted to companies involved in the manufacture of pharmaceuticals, devices, equipment and the provision of such industry services; print, broadcast and online journalists; employees of print, broadcast or online media providers or publishers.
Individual Membership is for patients, doctors and registered healthcare professionals. Individual membership may also be provided by MobiHealth for medical industry companies, their employees and agents, including but not restricted to companies involved in the manufacture of pharmaceuticals, devices, equipment and the provision of such industry services; print, broadcast and online journalists; employees of print, broadcast or online media providers or publishers.
In addition to Individual Memberships, institutions and societies may, subject to prior authorization by MobiHealth also become members of MobiHealth and will enjoy the same benefits and facilities and in addition will be able to promote their services and facilities subject to authorization and payment of a fee. Further details are available at www.mobihealthinternational.com
Restrictions on Membership Registration:
Use of and Membership in the Services is void where prohibited. The following are prohibited from the use of the Services:
By using the Services, Users represent and warrant that:
Any profile may be deleted, and Membership terminated without warning, if the User is under 18 years of age. A person below the age of 18 requires consent and authorization from a parent or legal guardian to register as a Member or use our Services and such person may not use our Services without supervision.
The Services are for the personal use of Members only and may not be used in connection with any commercial activities except those that are specifically endorsed or approved by MobiHealth. Unauthorised and/or illegal use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited.
Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of information, contents images or any part of the Services in any form including edited contents or images. A fee will be levied for unauthorized advertising or promotion without the prior written consent of Mobihealth in line with the industry sponsor fee as varies from time to time, details of which are available at www.mobihealthinternational.com subject to a minimum payment of US$5000.
When you register to become a Member, you will also be asked to choose your own password. Members are entirely responsible for maintaining the confidentiality of the password and ensuring that other members or third parties do not have access to the account. Members agree not to use the account, username, or password of another Member at any time or to disclose the password to any third party. Members agree to notify MobiHealth immediately if they suspect any unauthorized use of the account or access to the password. Members are solely responsible for any and all use of the account.
Account Safety and Member Behaviour:
MobiHealth strives to create a safe platform for its Members and makes best efforts to deliver this, however we are unable to guarantee it. As such Members agree to behave in secure and appropriate manner in relation to all of our Services, to include, but not limited to the following:
We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including e-mail) by any Member, or to restrict, suspend, or terminate a Member’s access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. We also reserve the right to exclude Members who misuse their access to the Services, including but not limited to those who abuse or threaten other Members or misuse the Services.
Changing or Deleting Your information, Or Cancelling Your Account
You may review, update, amend or delete your personal information in your Member account by logging into your account. Members may also update medical status to reflect changes that have occurred subsequent to enrolment. Update of medical status to show pre-existing conditions not stated at the time of enrolment attracts a pricing review or a cancellation of the subscription plan without refund depending on the circumstance.
Members may terminate Membership at any time, for any reason, by following the instructions on the Member’s account settings page.
We may terminate your Membership at any time, without warning. Note that even after Membership is terminated, these Terms will remain in effect.
Termination and Temporary Suspension:
MobiHealth will judge, in its discretion, whether there has been a breach of its Terms on the part of our Members. When a breach of these Terms has occurred, we may take such action as deemed appropriate by us.
Failure to comply with the Terms constitutes a material breach of the Terms upon which Members are permitted to use our Services, and may result in MobiHealth taking all or any of the following actions:
By downloading or using our software, such as an App, or a browser plugin, you understand and agree that periodically, the software may need to download and install upgrades, updates and supplementary features in order to advance, improve, and further develop the software. MobiHealth software is the property of MobiHealthcare Ltd and Members are not permitted to modify, create derivative works of, decompile, or otherwise attempt to extract source code from the software, unless as otherwise agreed by MobiHealth in written permission.
You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is technologically harmful. You must not try to gain unauthorized or deceptive access to our Services, the server on which our Website is stored, or any server, computer or database connected to our Website. By contravening the aforementioned, you would commit a criminal offence under the relevant Information Technology misuse laws. MobiHealth will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by divulging your identity to them. In the event of such a breach, your right to use our Services will immediately terminate.
We may delete content that, in our sole judgment, is deemed to violate these Terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MobiHealth assumes no responsibility for monitoring the Services for inappropriate content or conduct. If at any time MobiHealth chooses, in its sole discretion, to monitor the Services, MobiHealth nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the Member submitting any such content.
Member Content that requires consent:
Any content that is loaded by a Provider and that contains a photograph or a movie of a patient, including images of surgery and from scopes will require the patient’s consent to be used on MobiHealth. The Provider is responsible for ensuring that all necessary permissions and authorizations have been obtained for the use of such photographs and movies. For such images, consent may be obtained in writing by the Provider or by using the MobiHealth consent screens.
There is an option to obtain later consent for images that require consent, however such images will not be available for public viewing until such time that consent is confirmed and will be deleted if consent is not indicated within 24hrs of uploading the image to MobiHealth.
Member Content that does not require consent:
Consent is not required for x-rays, radiology scans, blood results, ECGS and the likes if the images are anonymous with no identifiable patient data. Members must remove all personal and patient identifiers that specifically identify any patient in the content uploaded or descriptions added to the Website and/or App.
In case discussions, learning modules and other MobiHealth features it is the responsibility of the Provider to provide sufficient clinical information for assessment and discussion without compromising patient confidentiality. In any situation where the Provider is uncertain regarding patient confidentiality, he must exercise caution and contact the Website administrators for advice at firstname.lastname@example.org.
Members are responsible to comply with any laws and regulations applicable in the country from which Services are accessed for reproduction or display of personal images, video or other materials.
Members are solely responsible for the content posted on or through any of the Services, and any material or information that they transmit to other Members and for their interactions with other Members. MobiHealth does not endorse and has no control over the content. Content is not necessarily reviewed by MobiHealth prior to posting and does not reflect the opinions or policies of MobiHealth. Furthermore, we make no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that Members transmit to other Members.
The following is a partial list of the kind of content that is illegal or prohibited to post on or through our Services. We reserve the right to investigate and take appropriate legal action against anyone who, in MobiHealth’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Subscription of such violators. Prohibited content includes, but not limited to:
Proprietary Rights in Content in MobiHealth:
By displaying or publishing (posting) on or through the Services, Members hereby grant to MobiHealth, a non-exclusive, fully-paid and royalty-free, worldwide licence (with the right to sub-licence through unlimited levels of sub-licensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, publish, store, reproduce, transmit, and distribute such content on and through the Services.
Users represent and warrant that:
Intellectual Property Rights:
The content Services are protected under the copyright and other related laws of the Federal Government of Nigeria and other countries wherein our Services are accessed. All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under the relevant copyright laws 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 MobiHealth 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 MobiHealth, its affiliates, or any third party.
Individual Membership permits the Member to view MobiHealth Content, educational material and live transmissions. Users are prohibited from public broadcast, projection or display of any such MobiHealth Content or material without the specific prior written authorization of MobiHealth. Individual Membership and access codes may entitle the Member from time to time to view live or restricted material. Users are prohibited from public broadcast, projection or display of any such MobiHealth content or material without the specific prior written authorization of MobiHealth.
The Services contain content of Users and other MobiHealth licensors. Except for content posted by a User and subject to these Terms, that User may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Services.
MobiHealth and our authorized agents and partners reserve the right to provide Members with free subscription on sites operated by MobiHealth, our agents, our partners, and other member companies of the MobiHealth Directors’ group albeit with the rights of the Member to unsubscribe from such services at any time. This includes the social network sites, as well as professional medical or doctors’ networks.
It is the policy of MobiHealth to terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of prompt notification to MobiHealth by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
MobiHealth’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: email@example.com
Users agree that we may rely on a User’s Registration Data as accurate, current and complete. Users acknowledge that if any of their Member profile is considered to be untrue, inaccurate, not current or incomplete in any respect by us then we reserve the right to terminate their membership and use of our Services and seek suitable recompense for any liability incurred by MobiHealth, Users or any third party.
MobiHealth assumes no responsibility or liability for any material/goods/products made available on its Services by any Member. If Members become aware of misuse of the Services by any person or organization, they should contact us immediately at firstname.lastname@example.org or click the ‘help or customer service’ link at the bottom of our page.
Our Services are accessed at Members’ or Visitors’ risk. We advise that you carefully review Mobihealth’s Disclaimer which can be found at (INSERT LINK TO DISCLAIMER) before using our Services.
Applicable Laws and Disputes:
The courts in our countries of operation will have exclusive jurisdiction over any claim arising from, or related to, our Services, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of State where we are operational.
Members agree to indemnify and hold MobiHealth, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of use of the Services in violation of these Terms and/or arising from a breach of these Terms and/or any breach of representations and warranties set forth above and/or if any content that Members post on the Website or through the Services causes MobiHealth to be liable to another.
MobiHealth is neither liable for any distasteful, unsuitable, indecent, illegal nor otherwise unacceptable content or information that be made available through its Services, nor is it responsible for the conduct, of any Members of MobiHealth or otherwise.
We may amend these terms in the future. In the event changes are made, we will be sure to post changes at the Site and at other places we deem appropriate. Members are advised to check for updates regularly as members are bund by the actions taken after terms are updated.
Note that MobiHealth excludes liability for actions taken in response to breaches of these acceptable use provisions. The responses described herein are not limited, and we may take any other action we reasonably deem appropriate.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
These Terms shall remain in full force and effect while the Services are used or while membership subscription subsists.