Terms of Service

Please read these Terms of Service (“Terms”), which set forth the legally binding terms and conditions between you and GiftedMom Limited, doing business as Healthlane, (‘the Company’ or ‘Healthlane’ or ‘Our’ or ‘Us’). It governs your access to and the use of Healthlane’s website, application and all other services (the “Service”) offered by Healthlane. 

Our collection and use of personal information in connection with your access to and use of the Service is described in our Privacy Policy.

 Your access to use the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service and all applicable laws and all conditions or policies referenced here. 

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Definitions

In these Terms and Conditions, 

“Account” refers to a User’s unique profile consisting of the User’s personalised information on the Healthlane Platform. 

“Applicable Laws” refers to all applicable regulations, laws, codes, guidelines, policies, rules, and directives of any competent regulatory authority in the Federal Republic of Nigeria. 

“Platform” refers collectively to Healthlane’s website, application and other related opportunities for you to access the Service. 

“Services” refers to all products and services provided to you by Healthlane and as described in clause 3 of this Agreement. 

“Site” refers to the website for the services rendered by Healthlane which can be found at healthlane.co 

“Subscription Fee” refers to the stipulated price for accessing the Service. 

“User” refers to persons, customers and visitors who access the Service.

Acceptance of Terms

The Service is offered subject to acceptance of all the terms and conditions contained in these Terms and all other operating rules, policies, and procedures that may be published on the Platform, which are incorporated by reference, including operating rules, policies, and procedures of third-party service providers to the site that are referenced herein. These Terms apply to every user of the Service. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by the Platform. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference. 

The Company reserves the right, at its sole discretion, to modify or replace these Terms from time to time by posting the updated terms on the Site. It is your responsibility to check the Terms periodically for changes. If you object to any such changes, your sole recourse will be to cease using the Site and the Service. Your continued use of the Service following the posting of any changes to the Terms will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. 

The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and Services or restrict your access to parts of or the entire Site without notice or liability.

Scope of Healthlane’s Services

Healthlane is a health tech platform that provides a wide range of medical services, including comprehensive wellness checks and personalized care plans for individuals across Africa. 

Healthlane provides access to telemedicine and face-to-face wellness clinics. 

The Service provided at the Company’s physical wellness clinics shall include health checkups and all-round wellness service in compliance with the Applicable Laws. 

The Service is provided in collaboration with Health Maintenance Organisations (HMOs), health care service providers and other companies. To access the Service, a User is required to sign up on the Site and create an Account by providing the User’s name, email and password. A User is granted access to use the Platform and it is his/her responsibility to ensure that no other third party, including, without limitation, to any next of kin and/or to members of his/her immediate family, shall gain access to the User’s account information. 

Healthlane may make the access to the Platform and Healthlane’s services, or certain areas or features of the Platform, subject to certain conditions or requirements, such as, meeting specific quality or eligibility criteria. 

You must be at least 18 years old and able to enter into legally binding contracts to access and use Healthlane’s services. 

By accessing or using the Platform, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. Persons under 18 years old who intend to access the Service may do so under the supervision of an eligible guardian.

Healthlane does not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and as permitted by Applicable Laws, we may, but have no obligation to ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users.

Consent to Services

Healthlane respects and upholds patient confidentiality with respect to patient’s rights as protected by the Medical and Dental Practitioners Act, Cap M8, Laws of the Federation of Nigeria, 2004 and the Code of Medical Ethics in Nigeria. 

By agreeing to this Terms of Service, you are authorizing Us to share your data with third parties, where necessary, solely for the purpose of adequately providing the Service and to provide you with information about additional clinical services or general wellness. You acknowledge that the Service may involve electronic communication of your personal medical information to other medical practitioners and other wellness experts. 

Healthlane will obtain the express consent of Users prior to sharing any patient-identifiable information to a third party for purposes other than treatment, payment or healthcare operations. 

You further acknowledge that your healthcare information may be shared in the following circumstances: When a valid court order is issued for medical records Reporting suspected abuse, neglect or domestic violence; and Preventing or reducing a serious threat to anyone’s health or safety. You may terminate your consent at any time by contacting us at hello@healthlane.co. You acknowledge that you fully understand the risks and benefits of the Services and you hereby give your informed consent to the above listed terms.

Users’ Representations & Warranties

Representations and warranties are statements and promises made by you to Healthlane, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Services; 

you are over the age of 18 years; 

you are of sound mind and have the capacity to enter into a legally binding contract; 

all personal information that you provide about yourself is accurate and true to the best of your knowledge; 

you acknowledge that your reliance on the Service is not intended to take the place of your relationship with your regular health care provider; 

you shall not create more than one account or create an account for anyone other than yourself (with the exception of subaccounts established for minors or children of whom you are a parent or legal guardian); and you are not breaching any Applicable Laws or regulations that are applicable to you or any company, trust or partnership.

Payment

The Service shall be provided via a subscription-based arrangement for which you shall be required to pay the stipulated Subscription Fee. 

Healthlane shall notify you of the applicable prices for the Service and reserves the right to adjust its pricing where necessary. You shall be required to provide some information for our payment service provider. Payments to Healthlane shall be made through any of the stipulated payment gateways provided on the Platform. 

You warrant that you shall provide complete and accurate payment information. By providing your credit card other payment information accepted by our payment service provider, you are expressly agreeing that we are authorized to charge the relevant fees for your use of the Service, together with any applicable taxes. If you disagree with any payment transaction, you can submit such complaint to hello@healthlane.co within thirty days of the payment transaction (“Dispute Period”).

Intellectual Property

The Service and all rights in the product name, Company name, trade names, logos, service marks, slogans, product packaging, its original content, features and functionality are and will remain the exclusive property of Healthlane. Our trademarks may not be used in connection with any product or service without our prior written consent. 

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit Healthlane’s website or Collective Content, except to the extent that you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Healthlane or its licensors, except for the licenses and rights expressly granted in these Terms.

Subject to your compliance with these Terms, Healthlane grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and view any Collective Content made available on or through the website and accessible to you, solely for your personal and non-commercial use. Users shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

Prohibited Activities

You shall not use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services. You acknowledge and agree that we may terminate any Healthlane transaction initiated at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities). 

Users shall not utilize the Site or the Services for any illegal purpose. 

You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Site, you will not and will not assist or enable others to: breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms; use the Site or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with Healthlane; copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Site in any way that is inconsistent with Healthlane’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties; 

use the Platform in connection with the distribution of unsolicited commercial messages (“spam”); 

offer as a trader; 

use the Platform with the intention to circumvent any Subscription Fees or for any other reason; request, accept or make any payment for orders outside of the Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Healthlane harmless from any liability for such payment; 

discriminate against or harass anyone on the basis of race, tribe, origin, religion, gender, physical or mental disability, medical condition, marital status, or age, or otherwise engage in any abusive or disruptive behaviour; 

use, display, mirror or frame the Platform or Collective Content, or any individual element within the Healthlane Platform, Healthlane’s name, any trademark, logo or other proprietary information belonging to Healthlane, or the layout and design of any page or form contained on a page in the Platform, without Healthlane’s express written consent; 

dilute, tarnish or otherwise harm Healthlane’s brand in any way, including through unauthorized use of Collective Content, registering and/or using Healthlane’s or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Healthlane’s domains, trademarks, taglines, promotional campaigns or Collective Content; 

use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose; avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Healthlane or any of Healthlane’s providers or any other third party to protect the Platform; 

attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform; 

take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform; 

violate or infringe anyone else’s rights or otherwise cause harm to anyone. You acknowledge that Healthlane has no obligation to monitor the access to or use of the Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Healthlane in good faith, and to provide Healthlane with such information and take such actions as may be reasonably requested by Healthlane with respect to any investigation undertaken by Healthlane or a representative of Healthlane regarding the use or abuse of the Platform. If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Healthlane by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Links to Other Web Sites

We use cookies to identify you as a User and make your user experience easier, customise our services, content and advertising; help you ensure that your account security is not compromised, mitigate risk and prevent fraud; and to promote trust and safety on our website. Cookies allow our servers to remember your account log-in information when you visit our website, IP addresses, date and time of visits, monitor web traffic and prevent fraudulent activities. If your browser or browser add-on permits, you have the choice to disable cookies on our website; however, this may limit your ability to use our website.The Platform may contain links to third-party web sites or services that are not owned or controlled by Healthlane. Healthlane has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Healthlane shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

The Data We Retain

We will retain your information for as long as needed to provide you with our services, comply with our legal and statutory obligations or verify your information with a financial institution. 

We are statutory obligated to retain the data you provide us with in order to process transactions, ensure settlements, make refunds, identify fraud and in compliance with laws and regulatory guidelines applicable to us, our banking providers and credit card processors.

Links to Third Party Websites

Our website may contain links to third-party websites or services that are not owned or controlled by us. have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. 

You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. 

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend Our Service to you immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. 

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your transaction, you may simply discontinue using the Service.

Indemnity

You agree to indemnify and hold harmless Healthlane, its affiliates and subsidiaries, its officers, directors, employees and agents, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of: 

your fraudulent or illegal use of the Services or the Platform; 

your negligence or any default by you of any of these Terms; 

any inaccurate or incomplete information that you have knowingly provided to us; 

your allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private; 

any service that you have offered, whether with or without our permission, to another third party using the Company’s Services or Platform; 

any claim made against you for actual or alleged infringement of the Company’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services or your use of the Site.

Limitation of Liability

In no event shall Healthlane, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: 

your use of the Site or the Services or your inability to use the Site or the Services; 

any conduct or content of any third party on the Platform; 

any unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose; any legal proceedings between the you and any third parties.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. 

Healthlane, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions. 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms & Conditions constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Dispute Resolution

Any disputes arising under or in connection with the validity, interpretation and performance of this Terms between Healthlane and any third parties that cannot be resolved amicably by the parties through negotiation within 30 (thirty) days shall be resolved by Arbitration at the Lagos Court of Arbitration (LCA) before a single arbitrator in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria. 

The Parties shall endeavour in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (10) days of the request, they shall apply to the LCA to appoint an arbitrator. Arbitration proceedings shall be conducted in Lagos. The arbitrator will be requested to render an award within ninety (90) days and to provide, in writing the reasoning for the award. The decision of any such arbitrator shall be final and binding on the parties. Each party shall bear its cost in connection with the Arbitration and the arbitrator’s fees shall be split equally between both parties.

Force Majeure

Healthlane shall not be liable for failure to perform, or for delay in performing its obligations hereunder if such failure or delay shall be due to natural disasters, war, riot, civil commotion, weather, pandemic labour disputes, failure of sub-contractors or any other cause beyond its reasonable control and whether or not of a similar nature to the foregoing.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to Healthlane’s Platform or Services. You may submit Feedback by emailing us at hello@healthlane.co . Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Changes to Terms & Conditions

Healthlane reserves the right, in its sole discretion, to change the Terms of Service. Healthlane encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

If you have any questions about these Terms, please contact us at hello@healthlane.co

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