Terms of Use
1. INTRODUCTION
YOUR USE OF THIS APPLICATION, INCLUDING ANY USE OF eCLINIC234 VIRTUAL
CLINIC APPLICATION INFRASTRUCTURE BY PHONE, NOTEBOOK, LAPTOP AND
DESKTOP IS CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND
CONDITIONS IN THESE TERMS OF USE. BY CLICKING “ACCEPT”, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT
AUTHORIZED TO ACCESS OR USE ANY OF THE MOBILE OR WEB APPLICATION
HEREINAFTER REFERRED TO AS WEB APP OR MOBILE APP.
PLEASE READ THESE TERMS OF USE CAREFULLY
2. BASIC DEFINITION & REFERENCES
eCLINIC234 (hereinafter referred to as eCLINIC234, ‘we’, ‘us’, ‘our’) design and
configures the eCLINIC234 web and mobile App with the main service platform at
www.eclinic234.com. We provide a technology platform for telehealth services by
designing, building and deploying an infrastructure to connect patients with healthcare
and wellness practitioners (hereinafter referred to as ‘you’, ’patients’, ‘service provider’
or collectively as ‘customers’) who in turn provides medical and health services. By
accessing and using this APP, our devices or our website, all users including healthcare
and wellness service providers and patients 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 and conditions of use.
The headings of each section in these Terms of Use are only to organize the various
provisions under the Agreement in an orderly manner. These headings shall not be used
by either party to interpret the provisions contained with them in any manner. Further,
the headings have no legal or contractual value. The terms used herein shall have the
same meaning ascribed to them in the Terms of Service, Privacy Policy, and other
policies available on the application platform.
2.1 RIGHT TO MODIFY
eCLINIC234 may at its 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 publication of any such changes on the platform implies that you have
acknowledged and consented to such changes and agreed to be bound by the revised
Terms of Use, inclusive of such changes.
2.2 GEOGRAPHICAL RESTRICTIONS
eCLINIC234 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 Federal Republic of Nigeria.
3. SERVICES PROVIDEDBY eCLINIC234
The eCLINIC234 technology platform services support the objective of digital care for
healthcare services by providing healthcare service providers who are our Customers,
with a Virtual Practice Platform (involving associated mobile and web applications and
hereafter collectively referred to as the ‘Virtual Practice’) that enables them to be
accessible to their patients, through web and mobile services enabling online
consultations and remote patient monitoring. The Virtual Practice applications are
intended only as tools, which help healthcare providers and their patients to collaborate
in the healthcare of the patient, using communication, scheduling, administrative and
data managing capabilities. The Virtual Practice Platform also enables online presence
management for better patient engagement.
4. SERVICES PROVIDED BY VIRTUAL PRACTICE SERVICE PROVIDER
As a Healthcare Professional or Virtual Practice Service Provider who delivers Services
through eCLINIC234 Virtual Practice platform you are an independent professional
service provider. eCLINIC234 does not practice medicine or any other licensed medical
profession and does not interfere with the practice of medicine or any other licensed
medical profession by Healthcare Professionals, each of whom is responsible for their
services and compliance with the requirements applicable to their profession and
license. Neither eCLINIC234 nor any third parties who promote
the eCLINIC234 services or provide a virtual practice platform for healthcare services
designed by eCLINIC234shall be liable for any professional advice you provide as a
Healthcare Professional via the Virtual Practice platform. 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 discretion 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 whom 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, server and broadband internet connectivity of good quality. 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 and so on. Please bear in mind that using
the eCLINIC234 APP may bring about the consummation of a large amount of data on
your internet data plan. Thus, we suggest you subscribe to a data plan with unlimited or
very high data usage capacity.
4.1 OWNERSHIP
Every Service Provider or Practice with a configured web APP on the eCLINIC234
platform is aware and agree that the Virtual Practice Service Provider is a subscriber to
the APP. That subscription does not in any way confer ownership right to the platform or
any part thereof to the Service Provider or Patient.
4.2 USER ACCOUNTS
Before any medicare professional gets on-board the eCLINIC234 platform as a Service
Provider, they are aware that they ought to have registered their practice with all
relevant regulatory, supervisory, professional and administrative authorities. All
healthcare service providers on the eCLINIC234 platform agree that the evidence of
their Practice registration and regulatory approval shall be provided to eCLINIC234 at
all times, including pre-onboarding, during on-boarding and post-on-boarding. All
healthcare service providers do make a firm commitment that all information to be
provided by them to eCLINIC234 for uploading to the platform APP will be true,
accurate, current, and complete. All Virtual Practice Service Providers hereby commit to
ensuring that such documentation and approval shall be promptly renewed as and at
when due. And that they shall voluntarily avail eCLINIC234 copies of such documents
without any hitch periodically within a maximum of 7 days after the anniversary of the
expiration of the old approval or regulatory document. All Virtual Practice Service
Providers are aware that they are responsible for maintaining the confidentiality and
security of their Virtual Practice password and for all activities that occur under their
Service Account. eCLINIC234 reserves the right to take any action, as they are deemed
necessary or reasonable, regarding the security of the APP and the Practice Information.
In no event and under no circumstances shall eCLINIC234 be held liable to any Virtual
Practice Service Provider for any liabilities or damages resulting from or arising out of
the Service Provider’s use of the APP, their use of the Virtual Practice platform or their
release of the Practice Information to a third party.
4.3 CATEGORIES OF VIRTUAL SERVICE PROVIDERS
Healthcare Service Providers may request eCLINIC234 to set up a Virtual Practice on the
eCLINIC234 platform on behalf of the Service Provider to practice Virtual Care Services.
If a Virtual Practice is being set up by an individual healthcare service provider who is
not formally affiliated to an organization, the Customer is the individual creating the
Virtual Practice. If the Virtual Practice is being set up for a healthcare services
organization by an authorized representative, the organization is the Customer.
4.4 APPLICABLE USE OF THE ECLINIC234 VIRTUAL PRACTICE PLATFORM & ITS
CONTENT
Every Virtual Practice Service Provider is aware that the eCLINIC234 platform and it’s
software infrastructures are NOT for use in cases of medical EMERGENCIES or urgent
health situations. And it is the professional duty of Virtual Practice Service Providers to
ensure the implementation of this policy at all times vis a vis their Patients including the
right to deny a plan of virtual care to a Patient for actual or potential misuse of the
Virtual Practice Services in respect of this policy.
4.5 TEAM AND PATIENT USER ACCOUNTS
Virtual Practice Service Providers can create authorized user accounts for their team
members who may be employees and/or associates (hereafter referred to as ‘Team
Users’), to log into and use their Virtual Practice Account through appropriate interfaces.
The Primary User Account of a Service Provider’s Virtual Practice created when the
Virtual Practice is registered and setup also counts as a Team User account. All Team
Users are directly bound by the relevant clauses of these terms of use.
Virtual Practice Service Providers can also create user accounts for their patients and/or
healthcare service clients (hereafter referred to as ‘Patient Users’) to log into and use
their Virtual Practice through appropriate interfaces. Some Virtual Practice Service
Providers may choose to authorize self-registration of Patient Users in their Virtual
Practice. All Patient Users are directly bound by the relevant clauses of these terms of
use. Registering for and requesting eCLINIC234 to set up a Virtual Practice (and all its
integral APPs) require and imply full acceptance of these Terms of Use and all associated
policies. By registering, Virtual Practice Service Providers agree that:
I. The Service Provider is a licensed healthcare provider and/or authorized
representative of a licensed healthcare organization with the necessary healthcare
practice license and legal approvals to provide healthcare services to patients
through the Virtual Practice platform.
II. Virtual Practice Service Provider shall take complete and sole responsibility in
assigning authorized Team User accounts only to licensed healthcare providers
and qualified healthcare support professionals in roles suitable to their area of
responsibility iii. Virtual Practice Service Providers shall take complete
responsibility in training their authorized Team Users in the correct usage of the
application and its features to provide services to patients within the Virtual
Practice platform.
III. Virtual Practice Service Providers are not impersonating any other person and are
using their actual identity.
IV. The information provided during the onboarding process is true, accurate, current
and complete.
V. Virtual Practice Service Providers are required to periodically review and update
their registration data to ensure that it is always current and correct.
VI. Virtual Practice Service Providers are responsible for ensuring that all Authorized
Users in their Virtual Practice are aware of and bound by these Terms of Use.
VII. These terms of use are deemed to include the Privacy Policy, Authorized User
Terms, Acceptable Usage Policy and all conditions, policies and operating
procedures that are referred to herein or which may otherwise be published by
eCLINIC234 from time to time, on its website and in any of the eCLINIC234 mobile
or web platforms and applications.
4.6 Patient Data
Authorized Users created by Virtual Practice Service Providers in their Virtual Practice
may submit information and content to the Platform Services, such as PHI (patient health
information), healthcare services related data, communications and usage data, all of
which qualifies as ‘Patient Data’ and is owned by the Patient.
By using the Virtual Practice and associated applications, Patient Users understand that
the healthcare service providers in the Virtual Practice have access to view and update
their healthcare data in the course of providing them with healthcare services.
Healthcare service providers authorize the access of patient health data by their
registered patients, such that they may view and update their health data, except for
specific areas that Virtual Practice Service Providers choose not to make
visible/accessible to them. Ownership of and responsibility for healthcare data of
patients in a Virtual Practice rests with the Virtual Practice Service Provider.
As owner and controller of the Patient Data, the Virtual Practice Service Provider alone
may provide eCLINIC234 with instructions on what to do with this data. Patient Data is
covered by the eCLINIC234 platform’s Privacy Policy. By using the eCLINIC234
platform Virtual Practice Service Providers agree to the storage of their data in secure
cloud infrastructure located anywhere in the world.
4.7 ACCESS RIGHTS
eCLINIC234 grants Virtual Practice Service Provider a limited, non-exclusive, non-
transferable subscription right to access the APP and use the Services solely for your
Professional Practice and only as permitted under these Terms of Use and by any
separate agreements you may have entered into with us (“Access Rights”). We reserve
the right, in our sole discretion, to deny or suspend the use of the APP, devices or
Services to anyone for any reason. Virtual Practice Service Providers and their Patient
Users agree that they will not, and will not attempt to: (a) impersonate any person or
entity, or otherwise misrepresent their 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. Also, all Customers
agree to refrain from abusive language and behaviour which could be regarded as
inappropriate or conduct that is unlawful or illegal, when communicating with Patients
and other members of the eCLINIC234 community through the APP. We strongly
recommend that Customers do not use the Services on public computers. We also
recommend that Customers do not store their Account password through a web browser
or other software.
4.8 ACCEPTABLE USAGE POLICY
The Web APP, mobile APP, programming, codes, protocols and the entire eCLINIC234
virtual practice infrastructure 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 eCLINIC234, its
licensors, partners or other providers of such material and are protected by Nigerian and
international copyright, trademark, patent, trade secret and other intellectual property
or proprietary rights and laws. These terms of use permit Virtual Practice Service
Providers and their Patients to use the APPs and Devices for their Virtual Practice only as
a subscriber. The Virtual Practice Service Providers and their Patients must not
reproduce, distribute, modify, create derivative works of, transform, republish,
download, store or transmit any of the material on our App except as generally and
ordinarily permitted through the APPs according to these terms of use.
Any violation of any section of the terms of use or any of the policies therein could result
in the suspension of the Virtual Practice Service Provider and their Patient’s access to the
Virtual Practice platform and if found to be deliberate, repeated and possibly harmful to
other users of the platform, eCLINIC234 shall terminate the access of the Virtual
Practice Service Providers and their Patients to the Virtual Practice Platform and its
Services without any responsibility to refund for the outstanding subscription for
services.
Virtual Practice Service Providers and their Patient’s username and password are unique
to them and their team members (in the specific case of Virtual Practice Service
Providers) agree not to disclose or share username and password to or with any third
party. Virtual Practice Service Providers and their Patients are responsible for keeping
their password and all other login credentials confidential and do hereby commit to
notify eCLINIC234 immediately their password or any access credential have been
compromised or hacked or stolen. Virtual Practice Service Providers and their Patients
also agree that they will be solely responsible for any activities conducted on or through
the Virtual Practice Platform Services within their account portal regardless of whether
or not Virtual Practice Service Providers and their Patients are the ones who undertakes
such activities. This includes any unauthorized access and/or use of Virtual Practice
Service Providers and their Patients account or their desktop computer, laptop, tablet or
mobile phone. Virtual Practice Service Providers and their Patients hereby release and
hold harmless eCLINIC234 from any claims and causes of action arising out of or
resulting from a third party’s unauthorized use of their account.
Virtual Practice Service Providers and their Patient’s use and access of the Virtual
Practice platform, its APPs and services, is entirely at their initiative and risk. Virtual
Practice Service Providers and their Patients are solely responsible for compliance with
local laws in their respective country or state of residence concerning the use of such
services. Every state or locality of residence’s Virtual Practice requirements will always
be evaluated on specifics basis, eCLINIC234 does not claim that the Virtual Practice
Platform and Services are fully compliant for use within all the states and localities
within Nigeria.
From time to time, Virtual Practice Service Providers and their Patients are expected to
provide eCLINIC234 with feedback on recommended changes and/or corrections to the
Virtual Practice platform and apps. Such recommendations may sometimes be accepted
if they fit in with eCLINIC234’s overall architecture into the future. If Virtual Practice
Service Providers and their Patients provide such feedback, they hereby warrant that it
does not include any person or entity’s proprietary information. Virtual Practice Service
Providers and their Patients also fully agree that eCLINIC234 is not obliged to use or act
on this feedback and even if eCLINIC234 does, it has full, royalty-free, perpetual,
irrevocable, transferable and global license to use this feedback.
eCLINIC234 is constantly updating the Virtual Practice platform and APPs to provide the
best possible experience for Virtual Practice Service Providers and their Patients. All
Virtual Practice Service Providers and their Patients acknowledge and agree that the
form and nature of the services provided by the Virtual Practice platform may change
from time to time; features may be added, improved or changed without prior notice as
per the demands of changing technology, domain and the best interests of the Virtual
Practice platform and the general community of users.
Virtual Practice Service Providers and their Patients shall not attempt to circumvent any
security measure put in place for the Virtual Practice platform users or attempt to gain
unauthorized access to any services, user accounts, or computer systems, servers or
networks owned and/or controlled by eCLINIC234, through hacking, password mining
or any other unethical means.
Virtual Practice Service Providers and their Patients shall not upload or submit any data
or information containing viruses or any computer code, corrupt files or programs
engineered or intended to disrupt or destroy the functionality of any software, hardware,
telecommunications, networks, servers or other equipment.
Virtual Practice Service Providers and their Patients shall not attempt to access or obtain
information regarding any account other than their own, by any means whatsoever.
Virtual Practice Service Providers and their Patients will not use the Virtual Practice
platform and its APPs and services in any manner that could damage, disable, overload,
or impair our servers or networks, or interfere with any other party’s use and enjoyment
of the website, APP and services.
Virtual Practice Service Providers and their Patients will not use any robot, spider,
scraper or other automated means to access the Virtual Practice Platform Services or
website for any purpose without eCLINIC234’s written permission. Violation of this
policy may result in termination of Virtual Practice Service Providers and their Patients’
access to the site, deactivation or deletion of their registration and all related
information and files Virtual Practice Service Providers and their Patients may have
stored on the APPs without the responsibility of a refund on outstanding subscription.
If anyone is a competitor, he or she shall not use this service to study and copy features
and services provided by eCLINIC234’s Virtual Practice platform, APPs and services.
To protect the integrity of its eCLINIC234 web, APP and Platform Services, eCLINIC234
reserves the right at any time in its sole discretion to block users from certain IP
addresses. Virtual Practice Service Providers and their Patients are responsible for the
information they voluntarily post on the Virtual Practice APPs and agree to defend (at
their sole expense), indemnify and hold eCLINIC234 harmless from any damages, losses,
costs, or expenses which eCLINIC234 may incur as a result of the information posted by
Virtual Practice Service Providers and their Patients.
Virtual Practice Service Providers and their Patients are solely responsible for exporting
and/or requesting the export of all their Patient and/or Practice Data before expiry or
cancellation of their Virtual Practice account, should they choose to discontinue using it
and/or should their accounts be terminated.
eCLINIC234 may offer certain Beta Features to Virtual Practice Service Providers and
their Patients at no charge or a special reduced charge, for beta trial use before they are
introduced under specific subscription plans. Virtual Practice Service Providers and
their Patients’ use of Beta Features is subject to any additional terms that will be
specified when enabling them for Virtual Practice Service Providers and their Patients.
Use of such features is permitted only during the specified duration until the feature is
terminated. Such features are not guaranteed to be released and may on occasion be
terminated. Such features are generally still under development and/or not completely
integrated into the platform and therefore may contain more issues or errors than is
generally noted in the product. Should Virtual Practice Service Providers and their
Patients choose not to subscribe to the plans under which the Beta Features will be
eventually supported, or if eCLINIC234 choose to terminate such Beta Features, Virtual
Practice Service Providers and their Patients will lose access to content created as a
result of using such Beta Features.eCLINIC234 disclaim all obligations and liabilities
concerning such features. The information about such Beta features and their
capabilities are limited to Virtual Practice Service Providers and their Patients to whom
they are made especially available and this is covered by the confidentiality clause in our
Terms of Use.
4.9 VIRTUAL PRACTICE SERVICE PROVIDER’S RESPONSIBILITIES
In addition to the above general terms of acceptable use, the following responsibilities
apply to all Virtual Practice Service Providers and their Team Users:
i. The Virtual Practice Service Provider is responsible for all the settings and
configuration applied in the Virtual Practice, including management of user accounts, the
configuration of services and provision of those services and management of Patient
Data.
ii. Virtual Practice Service Providers are completely responsible for the Data in their
Virtual Practice including ensuring compliance with usage practices by them and their
Team Users in maintaining the privacy and confidentiality of their Patients’ healthcare
data in their Virtual Practice.
iii. Virtual Practice Service Providers will comply with healthcare and data regulation
rules applicable to healthcare providers and organizations in their country, state or
territory of business and locations of virtual practice service.
iv. Virtual Practice Service Providers are solely responsible for choosing to use the
eCLINIC234 Virtual Practice and Platform Services after ascertaining that it meets their
necessary regulatory compliance applicable to their operations.
v. Virtual Practice Service Providers will be responsible for all the activities in their
Virtual Practice account and in the authorized Team User accounts of their employees
and/or associates and Patient Users.
vi. Virtual Practice Platform serves only as a technology enabler for the online healthcare
services chosen by the Virtual Practice Service Provider.
vii. Any disputes between Virtual Practice Service Providers and the Patient Users of
their Virtual Practice will be dealt with by them directly.
viii. eCLINIC234 has no obligation or responsibility to monitor services within Virtual
Practices.
ix. eCLINIC234 takes no responsibility for healthcare content and/or other information
that may be published by Virtual Practice Service Providers in their Virtual Practice.
Virtual Practice Service Providers are completely liable to ensure that such content is
medically correct, original and that it causes no intended or unintended harm to its
readers.
x. eCLINIC234 retains the right to review and delete any published content related to
any Virtual Practice Service Provider if such content is brought to eCLINIC234’s notice to
be incorrect.
xi. Virtual Practice Service Providers, Team Users and their Patients unconditionally
agree to receive certain essential automated SMS, mobile and email notifications relevant
to system events from the Virtual Practice Platform Services APPs to the mobile number
and email address associated with their user account. It is, therefore, the responsibility
of Virtual Practice Service Providers, Team Users and their Patients to ensure they
enrol within the Virtual Practice Platform Services current email addresses and mobile
numbers that have not been subscribed to any Do-Not-Disturb (DND) services.
xii. All Patient Users of the Virtual Practice Service Providers are to be made aware of
the following by the Virtual Practice Service Providers and their Team Users through
practice terms and periodically during their interaction with Patient Users within the
Virtual Practice:
a. Patient Users of a Virtual Practice shall not use the service platform or information in
their healthcare provider’s Virtual Practice for any purposes other than managing their
personal health information or that of their immediate family members (with due
authorization) and/or to engage with healthcare providers in the Virtual Practice.
b. eCLINIC234 does not provide medical services of any kind. As a technology provider,
eCLINIC234 only enables engagement between the Virtual Practice Service Provider’s
and their Patients through the Virtual Practice, which the Virtual Practice
ServiceProvider have voluntarily opted to use.
c. eCLINIC234 does not recommend or endorse any healthcare provider or services by
using the Virtual Practice.
d. Patient Users’ access or use of healthcare provider’s Virtual Practice and/or any APPs
and services of the Virtual Practice platform does not create in any way, a relationship
that may be confidential or privileged or of any kind that would obligate eCLINIC234, to
fulfil any duties towards meeting Patient Users’ health needs.
e. Patient Users are aware that they are expected to avail themselves of immediate
professional in-person medical attention in medical emergencies or critical care
situations and not attempt to use the Virtual Practice and/or other APPs and services of
the eCLINIC234 platform in such situations.
f. The accuracy, integrity and completeness of any personal health information
that Virtual Practice Service Provider’s Patient Users enter or allow to be entered on
their behalf is solely their responsibility, and eCLINIC234 assumes no liability for the
information.
g. eCLINIC234 is also not liable for any use or misuse of their health data by
their Virtual Practice Service Provider.
h. eCLINIC234 shall not be responsible for any undesirable outcomes between Virtual
Practice Service Providers and their Patients in their engagement on the Virtual Practice
Platform.
i. eCLINIC234 shall not be responsible for any advisory health, fitness, promotional
advertisement or nutritional information that is published by any person on the Virtual
Practice Platform APPs and Services. All such data in the Virtual Practice of the
Virtual Practice Service Provider is owned by the Service Provider who is solely
responsible for defining how that data is handled and/or made accessible to Patient
Users in the Virtual Practice.
j. Patient Users in a Virtual Practice should also expect to receive essential service
notifications related to healthcare engagements and related activities.
4.10 VIRTUAL PRACTICE ONBOARDING PLAN AND SUBSCRIPTIONS
All eCLINIC234 Virtual Practice deployments on behalf of Service Providers, their Team
Users and Patients are based on subscription to relevant Subscription Plan from among
various bundles of Virtual Platform Services. A Subscription Plan defines the scope and
level of usage of the Platform Services by the Service Provider, their Team Users and
Patients. The choice of which of the subscription plan to subscribe is the sole decision of
the Service Provider. eCLINIC234 may also provide add-on services to the Virtual
Practice Service Provider and their Patient Users that they can optionally procure and
utilize.eCLINIC234 reserves the right to change subscription bundle terms, plans and
pricing at any time subject to a notice of 30 days before the expiration of a subsisting
subscription. Notification of such changes is either by email to all existing subscribers
and/or on the eCLINIC234 service website at www.eclinic234.com. Amount to be
charged as for initial subscription fees and future renewal rates is at the sole discretion
of eCLINIC234. Relevant rates and amounts will be shared in the franchise commercial
document by eCLINIC234 before the deployment of design, configuration and on-
boarding of the Service Provider
The following virtual platform services are currently provided free of extra charge but
eCLINIC234 reserves the right to charge for them at any time in future based on actual
usage subject to a notice period of at least 30 days before the expiration of a subsisting
subscription.
The services are listed as follows:
-Email Push Notification
-One Time Password
-Data Storage Charges
-SMS and
-Video Streaming Services
All payments for products and services provided by Service Provides on the Virtual
Practice Platform shall be done online within the APP through the use of eCLINIC234
embedded payment gateway interface. Any unexpected change in android and iOS APP
store policies affecting the ability to publish custom mobile APPs in the Service
Provider’s custom name and the account will not result in a refund in the subscription
charge. All subscriptions automatically renew at the end of the billing cycle for the
upcoming subscription periods equal to the preceding subscription period, and the per
Team User and Patient User pricing during any automatic renewal term will be based on
the number of active Teams User and Patient User accounts at the point of renewal. All
subscription payments are paid in advance for the upcoming subscription term. Failure
to pay the subscription fees on time shall result in your Virtual Practice account being
suspended or deactivated. Virtual Practice Service Provider can upgrade their
subscription bundle or category at any time by paying the incremental cost. If a
subscription account is upgraded during a billing cycle the increased charges will be
calculated on a pro-rata basis. The downgrading of account is not allowed. All fees,
charges and revenue sharing collected for a billing cycle are non-refundable, irrespective
of account suspension, cancellation, termination or deletion. Late payments will result in
the suspension of service until payments are made.
Deactivated and/or cancelled Virtual Practice accounts are maintained for a maximum of
30 days before the account is deleted. Deletion of a Virtual Practice account will include
permanent deletion of all Virtual Practice Data, their Team Users and configurations in
the account. Patient Data will be made available to Virtual Practice Service Providers for
export or download, upon request made by them within 30 days after account
cancellation and/or termination. eCLINIC234 does not have any obligation to maintain
Patient Data of a cancelled or terminated Service Provider Account after these 30 days.
eCLINIC234 is not responsible for any loss or other consequences caused by
deactivation or deletion of a Virtual Practice account.
If Virtual Practice Service Provider purchases subscriptions through a Reseller, all
payment will be made directly to eCLINIC234. Where the amount paid or terms agreed
with the Reseller is not in tandem with eCLINIC234 terms of on-boarding the contract
will be cancelled and the actual amount refunded to the party that made the payment
5. FEES & PAYMENTS
Virtual Practice Service Providers are entitled to charge fees to be paid by the Patient in
advance for Patient registration, each consultation session, therapy, rental or use of
facilities, procurement of devices, medication supplied and laboratory services through
the eCLINIC234 online payment gateway. eCLINIC234 will collect this fee on your
behalf and remit the portion accruing to you at the end of each week. To be on-boarded
on and deploy the eCLINIC234 APP, you are obliged to pay a design, configuration and
subscription fee. Post-deployment eCLINIC234 will charge a commission on
consultation, medication, laboratory charges as stipulated on franchise commercial
document to be sent to you by email before service deployment. You acknowledge that
the content of the franchise commercial rates may change from time to time.
eCLINIC234 shall send you 30 days prior notification of each change before it takes
effect.
All Patients using the APP agree to pay all fees or charges applicable to their Service
Account following the fees, charges, and billing terms in effect at the time a fee or charge
is due and payable. By providing the Virtual Practice Platform with their payment
information, all Patient Users agree that Virtual Practice Service Provider is authorized
to immediately invoice their account for all charges due and payable and that no
additional notice or consent is required to be given prior. If a Patient’s health plan,
employer or agency has arranged with Virtual Practice Service Provider to pay the fee
or any portion of the fee, or if the fee is according to some other arrangement with the
Virtual Practice Service Provider, that fee adjustment will be reflected in the fee that
Patients are ultimately charged. Patients are to be advised by their employer, health plan
or agency to determine if any Services paid for will be reimbursed by them. Where a
Virtual Practice Service Provider request for credit facility such that specific Patients
should be configured as post-paid Patients, the amounts that accrue on such accounts
shall be recognized as being owed by the Virtual Practice Service Provider. Upon
publishing of such amounts outstanding in a statement of account sent by eCLINIC234 to
the Virtual Practice Service Provider the total amount outstanding shall be paid to
eCLINIC234 with 7 days of receiving the notice of outstanding and statement of account.
Where the Virtual Practice Service Provider disagrees with the amount published and
forwarded the Virtual Practice Service Provider shall pay at least ninety per cent of that
total amount and then forward reasons for his objection in a petition to eCLINIC234
within 3 days after paying ninety per cent of the amount outstanding. eCLINIC234 will
respond to the petition within 5 days and the validity of that response shall be full and
final. eCLINIC234 reserves the right to suspend or cancel any Virtual Practice
subscription where outstanding amounts remain unpaid for by the Virtual Practice
Service Provider within 14 days after notice of the outstanding have been sent by email
to the Service Provider. eCLINIC234 reserves the right to cancel any credit account
arrangement at any time without reason by notice to the Virtual Practice Service
Provider via email notification.
All Patients understand and agree that for Services provided on an appointment basis,
they will be responsible for a missed appointment fee equal to all or a portion of the fees
they would have paid for the scheduled services if they do not cancel a scheduled
appointment at least 24 hours in advance The only exception is when the healthcare
service provider notifies a Patient in writing that a shorter cancellation window applies.
6. TERMINATION
Virtual Practice Service Provider may deactivate their Practice Account and end their
subscription at any time, for any reason by deactivating their account in the APP or by
sending an email to support@eclinic234.com to request for practice account
deactivation or deletion. eCLINIC234 may suspend or terminate Virtual Practice Service
Provider’s use of the APP, their Practice Account and/or Patient registration for any
reason at any time. Subject to applicable law, eCLINIC234 reserves the right to maintain,
delete or destroy all communications and materials posted or uploaded to the APP
according to its internal record retention and/or content destruction policies. After such
termination, eCLINIC234 will have no further obligation to provide the records of
services, except to the extent eCLINIC234 is obligated by law
7. DISCLAIMER OF WARRANTIES
Every Virtual Practice Service Provider, their Team Users and Patient Users 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. eCLINIC234 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, the accuracy of data
and system integration.
8. LIMITATION OF LIABILITY
Every Virtual Practice Service Provider, their Team Users and Patient Users understand
that to the extent permitted under applicable law, in no event will eCLINIC234 or its
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 eCLINIC234 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 eCLINIC234’s liability will be for any matter no matter how material be limited
to the maximum sum of two hundred thousand naira only for any individual, corporate
or joint legal action against eCLINIC234.
8.1 DISCLOSURES
All Virtual Care Service Providers hereby confirm that they hold the professional licenses
issued by the professional licensing boards or agencies in the state, territory or
community where they Practice. Where they enrol Physicians and Specialist Consultants,
all Virtual Care Service Providers also warrant that they hold advanced degrees in
medicine, pharmacy, laboratory science and other relevant disciplines that are directly
relevant to their Practice and that they have undergone appropriate professional and
statutory certification. All Virtual Care Service Providers and their Team Users
understand and agree that in a professional relationship, sexual intimacy is never
appropriate and compliant will be made to appropriate authorities if any of their Team
Users commit a breach of this understanding.
8.2 INDEMNIFICATION
Every Virtual Practice Service Provider, their Team Users and Patient Users agree
to indemnify, defend and hold harmless eCLINIC234, eclinic234 agents and their
officers, directors, employees, 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, their violation of these terms of use.
Every Virtual Practice Service Provider, their Team Users and Patient Users agree
to indemnify eCLINIC234 against any medical malpractice claim or other claims relating
to the medical and health services provided by Virtual Practice Service Providers and
their Team Users on the eCLINIC234 service platform. Every Virtual Practice Service
Provider, their Team Users and Patient Users also agree to indemnify eCLINIC234
against any claim arising from or relating to, any defect in their possession of relevant
licenses and certifications, or Virtual Practice Service Providers and their Team Users
not being in good standing with relevant regulatory bodies and public authorities.
8.3 CONSULTATION PRIVACY AND DATA SECURITY
eCLINIC234 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 Virtual Care Service Providers provide to eCLINIC234 during the on-
boarding process, and virtual consultation clinical notes during a medical consultation or
therapy session are ethically confidential, except for certain legal exceptions as may be
fully described in eCLINIC234’s Privacy Policy. eCLINIC234 devote considerable effort
toward ensuring that Virtual Care Service Provider’s corporate information and the
personal information of their Patients are secure and confidential.
All Virtual Care Service Providers agree to fully comply with eCLINIC234’s Privacy
Policy as may be published from time to time. All Virtual Care Service Providers are
obligated to store all clinical notes and data relating to Patients in the Virtual Practice
deployed on their behalf by eCLINIC234. All Virtual Care Service Providers, their Team
Users and Patients are prohibited from making copies or removing such notes and data
from the Virtual Practice platform. As part of providing Virtual Care Service Providers
with the Tele-Clinic Services, eCLINIC234 may need to provide Virtual Care Service
Providers and their Patient Users with certain communications such as appointment
reminders, service announcements, notices, administrative messages and other
communications about the Services (“Communications”). These communications are
considered part of the Services and their Practice Account.
All Virtual Care Service Providers understand that by checking the “agree” box for these
Terms of Use and/or any other forms presented to them and their Patient Users on the
APP they are agreeing to these Terms of Use and that such action constitutes a legal
signature. Virtual Care Service Providers and their Patient Users agree that eCLINIC234
may send them Communications through electronic means including but not limited to:
(1) by email, using the address that they provided during registration, (2) short
messaging service (“SMS”) text message to the mobile number provided during
registration (“SMS Messages”), (3) push notifications on a laptop computer, desktop
computer, tablet or mobile device, or (4) by posting Communications on the APP. The
delivery of any Communications from eCLINIC234 is effective when sent electronically,
regardless of whether Virtual Care Service Providers and their Patient Users read the
Communication. While secure electronic messaging is always preferred to insecure
email, under certain circumstances, insecure email communication containing personal
health information may take place between Patient Users and eCLINIC234. eCLINIC234
cannot ensure the security or confidentiality of messages sent by email.
The number of SMSes and email notifications and/or messages eCLINIC234 send as part
of our Communications will depend on the frequency of Customer’s use of the
eCLINIC234 APP. Virtual Care Service Providers can stop receiving SMS and email
messages at any time by unsubscribing in the Practice APP through an email to
support@eclinic234.com.
8.4 MISCELLANEOUS
THESE TERMS OF USE AND YOUR USE OF THE APP SHALL BE GOVERNED BY THE LAWS
OF THE FEDERAL REPUBLIC OF NIGERIA. 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, NIGERIA 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
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR COLLECTIVE PROCEEDING.
NO WAIVER BY eCLINIC234 OF ANY TERM OR CONDITION OUTLINED 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 ECLINIC234 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.
eCLINIC234 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, DESKTOP COMPUTER,
LAPTOP, TABLET OR PERSONAL COMPUTER.
9. SERVICES AVAILED TO PATIENTS
As a Patient, you are aware that eCLINIC234 design and deploy for health service
providers telehealth infrastructure to link patients with healthcare practitioners who in
turn provides medical and health services.
You are also aware that eCLINIC234 does not practice medicine or any other licensed
Medicare profession, and does not interfere with the practice of medicine or any other
licensed Medicare profession by Healthcare Professionals, each of whom is responsible
for their services and compliance with the requirements applicable to their profession
and license. Neither eCLINIC234 nor any third parties who promote
the eCLINIC234 services or provide a virtual practice platform for healthcare services
shall be liable for any professional advice they provide as a Healthcare Professional via
the Virtual Practice platform.
9.1 MOBILE APP
The communication interface between Patients and healthcare service providers in the
mobile APP that is specifically deployed in the name of the healthcare provider. All
Patient Users have voluntarily downloaded and installed this APP as a prospective
Patient who is interested in patronizing the healthcare service provider for medical
services. Patient Users agree that none of the APP content should be considered medical
advice by eCLINIC234 or an endorsement, representation or warranty that any
particular medication or treatment is safe, appropriate, or effective for Patients by
eCLINIC234. By accessing and using this APP, hardware, medical devices or eCLINIC234
website, Patients agree to be bound by these Terms and all other terms and policies that
appear on the APP and as posted on the eCLINIC234 website. No Patient is allowed to
use the mobile APP and eCLINIC234 hardware devices if Patient Users do not agree with
these terms. Every Patient or user of the eCLINIC234 APP is aware and agree that the
Services are availed to Patients as subscribers to the APP. That subscription does not in
any way confer a right of ownership on the User or Patient. eCLINIC234 may at her 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 publication
of any such changes on the eCLINIC234 web platform indicates Virtual Practice Service
Providers and Patient Users acknowledgement of such changes and agreement to be
bound by the revised Terms of Use, Privacy and Cookies Policies, inclusive of such
changes.
9.2 USE OF THE SERVICES BY CHILDREN
The Virtual Practice Services are available for use by children but children are not
authorized to become Account holders and may not use the Services without the
supervision of a parent or legal guardian. All Patients that register as the parent or legal
guardian on behalf of a minor will be fully responsible for complying with these Terms of
Use.
9.3 PRIVACY AND COMMUNICATIONS
eCLINIC234 is required to comply with relevant healthcare privacy and security laws
and maintain safeguards to protect the security of Patient’s health information.
Additionally, the information Patients provide to their Virtual Healthcare Professional
during a medical consultation or therapy session is legally confidential, except for certain
legal exceptions as more fully described in our Privacy Policy. eCLINIC234 devote
considerable effort toward ensuring that Patient’s personal information is secure.
Information regarding our use of health and other personal information is provided in
our Privacy Policy. As part of providing a Patient with the platform services, virtual
practice system may need to provide Patient with certain communications such as
appointment reminders, service announcements, privacy notices, administrative
messages, infomercials and other communications about the Virtual Practice Services
(“Communications”). These communications are considered part of the Services in the
Patient’s Account.
All Patients understand that by checking the “agree” box for these Terms of Use and/or
any other forms presented to them on the APP they are agreeing to these Terms of Use
and that such action constitutes a legal signature. Patients agree that eCLINIC234and/or
Virtual Practice Service Providers may send Communications through electronic means
including but not limited to: (1) by email, using the address that was provided by
Patients during registration, (2) short messaging service (“SMS”) text message to the
mobile number you provided during registration, (3) push notifications on a tablet or
mobile device, or (4) by posting Communications on the APP. The delivery of any
Communications from eCLINIC234 and/or Virtual Practice Service Provider is effective
when sent by us, regardless of whether Patients read the Communication. The Patient
can withdraw consent to receive Communications by deactivating his or her 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 eCLINIC234 AND/OR VIRTUAL PRACTICE SERVICE
PROVIDERS. eCLINIC234 cannot ensure the security or confidentiality of messages sent
by email.
