1.1. PLEASE CAREFULLY READ THE TERMS AND CONDITIONS STATED BELOW BEFORE ENGAGING OUR SERVICE. IN THESE TERMS AND CONDITIONS (REFERRED TO AS TC FOR THE PURPOSE OF THIS AGREEMENT), ‘’US’’, ‘’WE’’, ‘’OUR’’ REFERS TO (CMD HEALTH SYSTEMS) WHILE ‘’YOU’’, ‘’YOUR’’ REFERS TO ANY USER/MEMBER OR SUBSCRIBER, INCLUDING ANY AGENT ACTING ON BEHALF OF A PRINCIPAL/THIRD PARTY ACCESSING OUR SERVICES.
1.2. BY THE USE OF OUR SERVICE OR ACCESSING OUR WEBSITE, YOU ARE BOUND BY THE PROVISIONS OF THIS TC WHICH AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS.
1.3. BY ACCESSING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS TC AND HAVE ATTAINED THE AGE OF EIGHTEEN (18) YEARS AND WISH TO BE BOUND THEREBY. IF YOU DO NOT AGREE WITH THESE TERMS, WE IMPLORE YOU TO REFRAIN FROM FURTHER USE OF OUR SERVICES. ADDITIONAL TERMS AND CONDITIONS MAY APPLY TO CERTAIN SERVICES, AND YOUR USE OF SUCH SERVICES INDICATES YOUR WILLINGNESS TO BE BOUND BY THIS SERVICE.
1.4. WE RESERVE THE RIGHT TO MODIFY THIS TC AS ADDITIONAL TERMS MAY BE MADE BY US IN AMENDMENT TO OUR TERMS AND CONDITIONS, AND SUCH SUPPLEMENTAL TERMS OF SERVICE WILL TAKE PRECEDENCE OVER THESE TERMS IN THE EVENT OF SUCH AN AMENDMENT. IF YOU DO NOT AGREE TO SUCH MODIFICATIONS, YOU ARE NOT AUTHORIZED TO USE OUR SERVICE.
1.5. YOU ACKNOWLEDGE AND AGREE THAT WE MAY, UNDER VARYING CONDITIONS, BE REQUIRED TO TAKE STEPS NECESSARY FOR TECHNICAL MODIFICATIONS OR COMPARABLE MEASURES, STOP (PERMANENTLY OR TEMPORARILY) PROVIDING THE SERVICES OR ANY FEATURES WITHIN THE SERVICES TO YOU OR TO USERS GENERALLY AT OUR SOLE DISCRETION WITHOUT ANY PRIOR WRITTEN NOTICE OF SUCH PROCESS DEVOID OF ANY LIABILITY.
1.6. YOU ACKNOWLEDGE AND AGREE TO USE OUR SERVICES ONLY FOR THE PURPOSES THAT ARE PERMITTED BY THIS AGREEMENT AND THE APPLICABLE LAWS, REGULATIONS, OR GENERALLY ACCEPTED PRACTICES OR GUIDELINES THEREIN AS CONTAINED IN THIS AGREEMENT.
2.1 ‘Us’, ‘We’, ‘Our’, "CMD" refers to CMD Healthcare Services Ltd, a limited liability company incorporated under the laws of the Federal Republic of Nigeria (FRN).
2.2 ‘You’, ‘Your’ refers to any User of Our Services, including the individual, company, or other organization accepting the terms of this Agreement and members of CMD affiliated entities.
2.3 ‘Services’ refers to Our website/Application or general operations rendering Our service or any platform Our Services are made available, owned, managed, controlled, and/or hosted on.
2.4 ‘Parties’ refers to both parties to this TC.
2.5 ‘Members’ refers to all members of TC programs.
2.6 ‘Agreement’ refers to this TC.
2.7 The singular shall also be applied to the plural, and the plural applied as singular, depending on the context.
2.8 "CareCredit-Points" refer to reward points earned by subscribers to any of the membership programs, which are redeemable for medical services within CMD Network facilities.
3.1 User Registrations: In order to access certain areas of Our Services, a user account may be required, and as a result, a user ID and Password may be issued to culminate in the creation of Your Profile. The creation of Your profile is dependent on information provided by You. You agree that:
1. You are responsible for the security of Your password from any other user.
2. You will not use Our Services for any illegal or unauthorized purposes.
3. All information provided by You in the use of Our Services will be accurate, complete, and current to the best of Your knowledge at all times.
4. You will promptly notify Us of any unauthorized use of Your account in the use of Our Services.
5. We will not be liable for any unauthorized use of Your account with or without Your knowledge.
6. You will not transfer any rights to any part or whole of Your profile or cause Your profile to be sold thereof.
3.2 Revocation/Termination of User Account: We reserve the right to terminate Your account for any reason and at any period at Our sole discretion if You are found to be in violation of the provisions of this TC.
4.1 As a member, you agree to adhere to the terms of this TC and as may be subsequently amended or provided on Our website.
4.2 You must be at least 18 years old to enter into this agreement. If you are not at least 18 years old, a parent or legal guardian must apply for Membership on your behalf.
4.3 Please ensure that you read this TC carefully and check that the details on the Application Form are complete and accurate before you sign the Application Form.
4.4 You understand that the signature of the application forms does not guarantee automatic Membership. Acceptance of membership occurs upon the issuance of a written confirmation by Us, acknowledged by You, authorizing your membership, at which point an agreement will be deemed to have been reached between You and Us.
5.1 Payment: Certain of Our Services are offered for sale through Our website. Payment options will be provided by Us, and an electronic receipt may be issued as a result. In the event You wish to subscribe to any such Services, You may be charged a standard or flexible fee depending on each varying circumstance. You will be required to provide certain information such as your full name, address, and Debit or Credit card details, and/or any other such information that may be required to procure such service. You shall be responsible for all charges made under Your account, including any applicable taxes and charges in accessing Our Services.
5.2 Cancellation of Services: In the event that You elect to cancel a request for Our Services, depending on the varying circumstance, a cancellation fee may be charged as access to any of Our Services is conditional upon the receipt of appropriate payment for such Services. If such payment cannot be charged to Your debit card or if a charge is refunded for any reason, or, in the case of fixed/bill charges, if prompt payment of such Services is not rendered, You agree that We reserve the right to cancel Your request and/or Suspend or terminate Your Membership or User Account. Fees are due and payable upon receipt of Our invoice.
5.3 Subscription for Membership: Notwithstanding the provisions of clauses 5.1 and 5.2, upon the receipt of an acknowledgment from Us, which confirms Your membership status, You will be required to subsequently pay an annual subscription Fee as will be displayed on Our site (in the case of membership forms, such information will be displayed on the form). Failure to effect payment on time may result in the suspension or termination of Your membership.
5.4 Non-Payment: In addition to any other remedies, We reserve the right to suspend and/or terminate Your access to Our Service and/or terminate this Agreement. Your User account may be reinstated by subscription by means of payment.
6.1 You agree that information provided on any of Our platforms shall not form a medical opinion or medical advice. Such information shall not serve as a substitute for professional medical advice, diagnosis, or treatment of a physician, therapist, or any healthcare professional, and You are urged to verify information provided on Our website or consult a physician or other medical professionals regarding such information in view.
7.1 While We take appropriate measures to ensure confirmed appointments with a medical service provider (like a doctor or diagnostic lab) for a User who requested an appointment on the Website or any other platform, We do not guarantee that You will get a confirmed appointment. You agree that We are exempt from any liability arising from the cancellation, postponement, or rescheduling by a medical service provider.
7.2 We may provide value-added services which connect Users directly to the medical service providers via video call, voice call, text message, online chat, or other electronic means, and the information exchanged between the User and the medical service provider may be stored and used in accordance with this TC.
7.3 You agree that any interactions and associated issues with other Users, including but not restricted to your health issues and your experiences, are strictly between You and the other Users. You shall not hold Us responsible for any such interactions and associated issues, and We will not be held responsible or liable for the same. Without prejudice to the generality of the above, We will not be liable for any wrong medication or treatment quality administered by a doctor, diagnostic service provider, pharmaceutical service, or any medical negligence on the part of any of the above. Cancellation or rescheduling of booked appointments or any variance in the fees charged; any medical eventualities (such as health complications from procedures) that might occur subsequent to engaging the service of a doctor, diagnostic lab services, pharmaceutical services, whom the User has selected on the basis of the information available on Our Services or with whom the User has booked an appointment or performed through Our Service.
8.1 EXCEPT AS OTHERWISE STATED IN THIS TC OR A SUBSEQUENT AGREEMENT, THE SERVICES, INCLUDING, WITHOUT LIMITATION TO CONTENT, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. THIS EXCLUDES ANY WARRANTY OR CONDITION, TO ANY EXTENT THAT MAY BE PRESCRIBED BY ANY APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS, OR IMPLIED OR AS PROVIDED BY STATUTE, AS TO:
(A) MERCHANTABILITY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT.
(B) THE QUALITY OR CONTENT OF OUR SERVICES TO MEET YOUR STANDARDS.
(C) FREEDOM OF ERRORS OF OUR SERVICES OR THAT SUCH SERVICES ARE FREE FROM COMPUTER VIRUSES, MALWARE, BUGS, FRAUDULENT HACKING, OR OTHER HARMFUL MATERIAL TO YOUR DEVICE OR ALL OTHER FORMS OF SECURITY THREATS TO YOUR ACCOUNTS.
(D) ACCURACY AND/OR CORRECTNESS, AND COMPLETENESS OF OUR CONTENT, INFORMATION, POSTINGS, INCLUDING UNHINDERED PROVISION OF OUR SERVICES OR ANY LINKS THAT MAY BE CONNECTED TO OUR SERVICES.
8.2 YOU AGREE THAT IN THE ABSENCE OF SUCH WARRANTIES, YOU USE OUR SERVICES ON YOUR OWN VOLITION AND RISK AND WILL BE SOLELY RESPONSIBLE FOR SUCH USE, WHICH MAY RESULT IN DAMAGE OR LOSS TO YOU.
9.1 UNDER NO CIRCUMSTANCES WILL WE OR OUR AGENTS BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY FORM, INCLUDING BUT NOT RESTRICTED TO ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO BUT NOT RESTRICTED TO CATEGORIES CAPTURED IN CLAUSE 8 OF THIS TC.
9.2 YOU AGREE THAT THE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL BE 5 UNITED STATES DOLLARS ($5.00) OR THE EQUIVALENT IN ANOTHER CURRENCY OR THE AMOUNT PAID FOR OUR SERVICES, WHICHEVER IS LESS. THIS SHALL REPRESENT THE AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO OUR SERVICES.
9.3 YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF OUR WEBSITES OR ANY OTHER WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF OUR SERVICES OR PART THEREOF.
9.4 BY ACCESSING OUR SERVICES, YOU AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED TO AND BY YOU, AND IN ACCORDANCE WITH SUCH WAIVER, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE SUCH RIGHTS THAT MAY BE PROVIDED FOR IN THE APPLICABLE LAW.
10.1 You agree that You shall defend and indemnify CMD HEALTH SYSTEMS and its directors, officers, employees, agents, and shareholders from and against all third-party actions, suits, demands, obligations, losses, settlements, judgments, costs, and (including without limitation to solicitor fees and costs) made by a third party as a result of Your breach of this Agreement or Your violation of any applicable law or third-party rights.
11.1. The content of Our Services is protected by The laws of the Federation of the Federal Republic of Nigeria and international intellectual property laws, and You agree to comply with them. You agree not to without Our prior written consent, copy or store content provided on Our platforms/website or cause to modify, re-engineer, sell, publicly display, rent or commercially exploit such content.
11.2. The name and logo of Our Services are protected by the relevant laws relating to intellectual property, and shall not be copied, imitated, or used, in whole or in part, without prior written permission from Us. In addition, all page, custom graphics, scripts, and button icons are regarded as Our trademarked items, and shall not be copied, imitated or used, in whole or in part, without prior written consent sought and obtained from Us.
12.1. We may provide related links to websites which may or may not be related to Our Services and may be of interest to You. You understand and agree that We may have no control over the contents of such websites, and we do not endorse such content and are hereby exempt from any liability in relation to advertising of any content without restriction to services, products contained in the website including any damage or loss resulting from the access of such websites.
13.1. We will take steps to ensure the protection of information disclosed by You is secure and will be treated as confidential according to best practices and standards. This includes all personal information, including medical history, provided by Users and members which will remain confidential.
14.1. If any term of this Agreement is held by any Court of competent jurisdiction to be invalid or unenforceable, then this Agreement including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
15.1. With regards to performance of Our duties under this TC, You agree that CMD is distinct from our service providers and their staff and personnel and at all times Our service providers act and perform as independent contractors offering and rendering medical services and shall not be deemed or construed as being Our agents.
15.2. You understand and agree that this TC does not create a relationship by way of a partnership or joint venture or a business combination between Us and Our service providers and should not be construed as such.
16.1. We reserve the right to assign, transfer, and subcontract Our rights and obligations under this TC without any notification or consent required. However, You shall not assign, transfer, or subcontract any of Your rights and/or obligations under this TC without the written prior consent sought and obtained from Us.
17.1. All notices, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, shall be.
ADDRESS: as published on our website.
E-MAIL: as published on our website.
18.1. The Terms in this TC shall be governed by the laws of the Federal republic of Nigeria.
19.1. Any dispute arising out of or in connection with this Agreement, which cannot be resolved by mutual consent and consultation between the Parties within fifteen (15) days of the occurrence of the dispute shall be referred to an arbitral panel constituted by a single arbitrator appointed in accordance with the provisions of the Arbitration and Conciliation Act (CAP. A18) Laws of the Federation of Nigeria 2004 or any statutory re-enactment or modification thereof. Arbitral proceedings shall be held in Lagos, Nigeria in the English Language. Where the Parties fail to agree on the appointment of the Arbitrator, the Parties agree that the Head or Judge in charge of the Lagos State Multi-Door Court house shall have the power to appoint the sole arbitrator. The award of the arbitrator shall be final and binding on the Parties.
20.1. This Agreement shall become effective when Our website is accessed by You (in the cases of forms when the forms are accessed) hereto and shall remain in force and effect until terminated in accordance with the terms of this TC.
20.2. Notwithstanding the provisions of Clause 3 of this TC, We reserve the right to terminate Your membership account, user account and ID for any reason related to this TC. In the absence of any undischarged obligation, You may terminate your account or revoke Your membership and in the case of non-members where Your User account remains inactive for a period of 60(Sixty days) or where You default in carrying out Your obligations as stated in this Agreement.
21.1. This Agreement embodies the entire understanding of Parties in respect of the matters contained or referred to in it and for the purposes of this TC there are no promises, terms, conditions or obligations oral or written or expressed or implied other than those contained herein.