websites, content, products, and services (the "Services," as more fully defined
below in Section 2) made available in Nigeria by Tremendoc Nigeria Limited and its
parents, subsidiaries, representatives, affiliates, officers and directors
(collectively, "Tremendoc"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A
LEGAL AGREEMENT BETWEEN YOU AND TREMENDOC. In these Terms, the words "including" and
"include" mean "including, but not limited to."
By accessing or using the Services, you confirm your agreement to be bound by these
Terms. If you do not agree to these Terms, you may not access or use the Services.
These Terms expressly supersede prior agreements or arrangements with you. Tremendoc
may immediately terminate these Terms or any Services with respect to you, or
generally cease offering or deny access to the Services or any portion thereof, at
any time for any reason.
The Services comprise mobile applications and related services (each, an
"Application"), which enable users to arrange, schedule and/or obtain medical
consultations, discussions, initial and/or second opinions, therapy sessions with
third party providers of such medical health services under agreement with Tremendoc
or certain of Tremendoc’s affiliates ("Third-Party Providers"). In certain
instances, the Services may also include an option to receive consultations,
opinions, therapy sessions for an upfront price, subject to acceptance by the
respective Third-Party Providers. Unless otherwise agreed by Tremendoc in a separate
written agreement with you, the Services are made available solely for your
personal, non-commercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN
CONSULTATION, OPINION AND/OR THERAPY SERVICES THROUGH THE USE OF THE SERVICES DOES
NOT ESTABLISH TREMENDOC AS A PROVIDER OF MEDICAL SERVICES OR AS A MEDICAL
Subject to your compliance with these Terms, Tremendoc grants you a limited,
non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access
and use the Applications on your personal device solely in connection with your use
of the Services; and (ii) access and use any content, information and related
materials that may be made available through the Services, in each case solely for
your personal, non-commercial use. Any rights not expressly granted herein are
reserved by Tremendoc and Tremendoc’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from
any portion of the Services; (ii) reproduce, modify, prepare derivative works based
upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly
perform, transmit, stream, broadcast or otherwise exploit the Services except as
expressly permitted by Tremendoc; (iii) decompile, reverse engineer or disassemble
the Services except as may be permitted by applicable law; (iv) link to, mirror or
frame any portion of the Services; (v) cause or launch any programs or scripts for
the purpose of scraping, indexing, surveying, or otherwise data mining any portion
of the Services or unduly burdening or hindering the operation and/or functionality
of any aspect of the Services; or (vi) attempt to gain unauthorized access to or
impair any aspect of the Services or its related systems or networks.
PROVISION OF THE SERVICES.
You acknowledge that portions of the Services may be made available under
Tremendoc’s various brands or request options associated with consultation and
opinions, including brands currently referred to as “Nairabox”. You also acknowledge
that the Services may be made available under such brands or request options by or
in connection with: (i) certain of Tremendoc’s subsidiaries and affiliates; or (ii)
independent Third-Party Providers, including medical health practitioners, or
holders of similar medical health authorizations or licenses.
The Services and all rights therein are and shall remain Tremendoc’s property or the
property of Tremendoc’s licensors. Neither these Terms nor your use of the Services
convey or grant to you any rights: (i) in or related to the Services except for the
limited license granted above; or (ii) to use or reference in any manner Tremendoc’s
company names, logos, product and service names, trademarks or services marks or
those of Tremendoc’s licensors.
In order to use the Services, you are required to create and maintain an active
personal account (“Account”) by entering your name, email address, password and
certain other information collected by Tremendoc (collectively “Account
Information”). To create an Account, you must be of legal age to form a binding
contract. If you are not of legal age to form a binding contract, you may not
register to use the Services. You agree that the Account Information that you
provide to us at all times, including during registration and in any information you
upload for the Services will be true, accurate, current, and complete. You may not
transfer or share your Account password with anyone. You are responsible for
maintaining the confidentiality of your Account password and for all activities that
occur under your Account. You may not use anyone else’s account at any time. Unless
otherwise permitted, you may only possess one Account.
USER REQUIREMENTS AND ELIGIBILITY.
The Service is not available for use by persons under the age of 18. You may not
authorize third parties to use your Account, and you may not allow persons under the
age of 18 to receive medical consultations or opinions from Third Party Providers
unless they are accompanied by you. You may not assign or otherwise transfer your
Account to any other person or entity. You agree to comply with all applicable laws
when accessing or using the Services, and you may only access or use the Services
for lawful purposes. You may not, in your access or use of the Services, cause
nuisance, annoyance or inconvenience, whether to the Third-Party Provider or any
other party. In certain instances, you may be asked to provide proof of identity to
access or use the Services, and you agree that you may be denied access to or use of
the Services if you refuse to provide proof of identity.
Tremendoc may, in Tremendoc’s sole discretion, permit you from time to time to
submit, upload, publish or otherwise make available to Tremendoc through the
Services textual, audio, and/or visual content and information, including commentary
and feedback related to the Services, initiation of support requests, and submission
of entries for events and promotions ("User Content"). Any User Content provided by
you remains your property. However, by providing User Content to Tremendoc, you
grant Tremendoc a worldwide, perpetual, irrevocable, transferable, royalty-free
license, with the right to sublicense, to use, copy, modify, create derivative works
of, distribute, publicly display, publicly perform, and otherwise exploit in any
manner such User Content in all formats and distribution channels now known or
hereafter devised (including in connection with the Services and Tremendoc’s
business and on third-party sites and services), without further notice to or
consent from you, and without the requirement of payment to you or any other person
You represent and warrant that: (i) you either are the sole and exclusive owner of
all User Content or you have all rights, licenses, consents and releases necessary
to grant Tremendoc the license to the User Content as set forth above; and (ii)
neither the User Content, nor your submission, uploading, publishing or otherwise
making available of such User Content, nor Tremendoc’s use of the User Content as
permitted herein will infringe, misappropriate or violate a third party's
intellectual property or proprietary rights, or rights of publicity or privacy, or
result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful,
violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by
Tremendoc in its sole discretion, whether or not such material may be protected by
law. Tremendoc may, but shall not be obligated to, review, monitor, or remove User
Content, at Tremendoc’s sole discretion and at any time and for any reason, without
notice to you.
Tremendoc is required to comply with applicable privacy and security laws and
maintain safeguards to protect the security of your health information.
Additionally, the information you provide to Third-Party Providers during a
consultation, opinion or therapy session is legally confidential, except for certain
toward ensuring that your personal information is secure. Information regarding our
part of providing you the Services, we may need to provide you with certain
communications, such as appointment reminders, service announcements and
administrative messages. These communications are considered part of the Services
and your 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 Tremendoc. Tremendoc cannot ensure
the security or confidentiality of messages sent by email. Information relating to
your care, including clinical notes and medical records, are stored on secure,
encrypted servers maintained by Tremendoc.
NETWORK ACCESS AND DEVICES.
You are responsible for obtaining the data network access necessary to use the
Services. Your mobile network's data and messaging rates and fees may apply if you
access or use the Services from your device. You are responsible for acquiring and
updating compatible hardware or devices necessary to access and use the Services and
Applications and any updates thereto. Tremendoc does not guarantee that the
Services, or any portion thereof, will function on any particular hardware or
devices. In addition, the Services may be subject to malfunctions and delays
inherent in the use of the Internet and electronic communications.
NETWORK ACCESS AND DEVICES.
You understand that use of the Services may result in charges to you for the
services you receive ("Charges"). Tremendoc will receive and/or enable your payment
of the applicable Charges for services obtained through your use of the Services.
Charges will be inclusive of applicable taxes where required by law. Charges may
include other applicable fees and/or surcharges including a booking fee.
All Charges and payments will be enabled by Tremendoc using the preferred payment
method designated in your Account, after which you will receive a receipt by email.
If your primary Account payment method is determined to be expired, invalid or
otherwise not able to be charged, you agree that Tremendoc may use a secondary
payment method in your Acccount, if available. Charges paid by you are final and
non-refundable, unless otherwise determined by Tremendoc.
As between you and Tremendoc, Tremendoc reserves the right to establish, remove
and/or revise Charges for any or all services or goods obtained through the use of
the Services at any time in Tremendoc’s sole discretion. Further, you acknowledge
and agree that Charges applicable in certain geographical areas may increase
substantially during times of high demand. Tremendoc will use reasonable efforts to
inform you of Charges that may apply, provided that you will be responsible for
Charges incurred under your Account regardless of your awareness of such Charges or
the amounts thereof. You may elect to cancel your request for Services at any time
prior to the commencement of such Services, in which case you may be charged a
cancellation fee on a Third-Party Provider’s behalf.
THE SERVICES ARE NOT FOR USE IN EMERGENCY SITUATIONS. MORE PARTICULARLY, THE
SERVICES ARE NOT TO BE USED TO SEEK OR OBTAIN MEDICAL OR HEALTH SERVICES FOR SOMEONE
WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC
REACTION, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, OR ANY OTHER SYMPTOMS THAT
REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. CALL 911 OR GO TO THE NEAREST
EMERGENCY ROOM IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TREMENDOC DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET
OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TREMENDOC MAKES NO
REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS,
QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS
REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE. TREMENDOC DOES NOT GUARANTEE THE QUALITY, SUITABILITY,
SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING
OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION
THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LIMITATION OF LIABILITY.
TREMENDOC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL
INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING
FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE,
AFFIRMATIVE, SOLE, OR CONCURRENT) OF TREMENDOC, EVEN IF TREMENDOC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
TREMENDOC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
(i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE
SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY
PROVIDER, EVEN IF TREMENDOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TREMENDOC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM
CAUSES BEYOND TREMENDOC’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY
PROVIDERS PROVIDING MEDICAL HEALTH SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS
MAY OFFER MEDICAL CONSULTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE CONSULTATIONS AND/OR MEDICAL
OPINION SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT TREMENDOC HAS NO
RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY MEDICAL OR HEALTH-RELATED SERVICES
PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR
ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. THIS
PROVISION SHALL HAVE NO EFFECT ON TREMENDOC’S CHOICE OF LAW PROVISION SET FORTH
Except as expressly provided in these Terms, these terms are a complete statement of
the agreement between you and Tremendoc, and they describe the entire liability of
Tremendoc and its vendors and suppliers and your exclusive remedy with respect to
your access and use of the Services. In the event of a conflict between these Terms
and any other Tremendoc agreement or policy, these Terms shall prevail on the
subject matter of these Terms. If any provision of these Terms is invalid or
unenforceable under applicable law, then it shall be changed and interpreted to
accomplish the objectives of such provision to the greatest extent possible under
applicable law, and the remaining provisions will continue in full force and effect.
Headings are included for convenience only, and shall not be considered in
interpreting these Terms. These Terms do not limit any rights that Tremendoc may
have under trade secret, copyright, patent, or other laws. Tremendoc’s failure to
assert any right or provision under these Terms shall not constitute a waiver of
such right or provision. No waiver of any term of this Agreement shall be deemed a
further or continuing waiver of such term or any other term.
You may not assign any rights or obligations under this Agreement without
Tremendoc’s prior written consent. Tremendoc may assign all or part of this
All sections of this Agreement which, by their nature are designed to survive
expiration or termination of this Agreement, including but not limited to indemnity
and limitation of liability clauses, shall survive.
No waiver of any of these terms shall be deemed a further or continuing waiver of
such term or condition or any other term or condition.
You agree that we may provide any and all notices to you by e-mail, telephone, fax,
as well as by any other method.
If any of the provisions of this Agreement are held unenforceable by a court or
other tribunal of competent jurisdiction, then those provisions shall be limited or
eliminated to the minimum extent necessary to allow the remainder of this Agreement
to retain its full force and effect.
ENTIRE AGREEMENT; AMENDMENT.
This Agreement constitutes the entire agreement between you and Tremendoc applicable
to its subject matter. We may at our sole discretion change, add, or delete portions
of these Terms at any time on a going-forward basis. Continued use of the Services
following notice of any such changes will indicate your acknowledgement of such
changes and agreement to be bound by the revised Terms, inclusive of such changes.
Please contact us with any questions or concerns regarding this Agreement at:
Tremendoc Nigeria Limited
5A, Ayinde Akinmade Street
off Admiralty Way, Lekki
Peninsular Scheme 1