TERMS OF USE

By accessing the SandsClinic Platform and/or by using the Services (hereinafter defined), you unconditionally agree to abide by and be bound by this Agreement. If you do not agree to be bound by and comply with all the terms of this Agreement, please do not use the Services.

We may update the terms from time to time and will always notify you of such updates. If you do not agree to, or cannot comply with, the terms as amended, you should not use the SandsClinic Platform.

Your continued use of the Sandsclinic platform will be interpreted as an acceptance of the terms and conditions. For any enquiries or complaints, you might have kindly contact us on info@sandsclinic.com

The Service is available only to users who are at least 18 (eighteen) years old, or at least 16 (sixteen) years old with the consent of a parent or legal guardian. If you are using the Services for the benefit of a child, please do not provide information relating to such child unless you have obtained the child’s parents’ or guardians’ consent, including their consent to our Privacy Policy. If you discover that your child has been using the Service without your consent, or that someone has been using the Service for or on behalf of your child without your consent, please contact us immediately at info@SandsClinic.com, and we will take reasonable steps to delete the child’s information from our active databases.

By accessing and using the Services, you agree as follows:

1. All registration information you submit is truthful and accurate, & you will maintain the accuracy of such information.

2. You hereby CONSENT to the processing of your information in the manner as provided in our Privacy Policy.

3. You consent to receiving messages and promotional material offering in-Service purchases.

4. Your use of the Service will not violate any applicable law, regulation, order, or guideline.

5. Our Health Providers (Physicians, Nurses, Counsellor, Dieticians, Psychologists, Pharmacists, or other allied Healthcare Providers) reserve the right to assess whether a person has the capacity to provide consent to his or her medical care. If or whenever a determination is made by a Healthcare Provider that a User fits the definition of a dependent, then that dependent’s legal guardian, parent or power of attorney will be responsible to comply with all terms and conditions listed in this agreement for the purpose of receiving Services from SandsClinic.

To use our Platform, it is mandatory that you register with Sandsclinic by signing on an account with us. You are legally responsible for ensuring that you use the Platform in compliance with all Terms and Conditions of Use herein contained. As part of the registration process, you may be required to provide us with personally identifiable information such as: biographic information, insurance information, banking and payment information in addition to other types of information necessary for us to create your user/member account. You may update or change your Account settings at any time.

Your Membership is not transferable or assignable and is void where prohibited. Any registration by, use of, or access to our Platform by anyone under approved age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Platform, you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. SandsClinic has sole right and discretion to determine whether to accept a Member and may reject a Member’s registrationwith or without explanation.

When you complete the registration process, you will create a username and password of your choice, that will allow you to access our Platform. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Platform cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

• you will not post or transmit any content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized; or further such activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material.

• you will not use the Services for any purpose in violation of local, state, national or international laws.

• you will not reproduce, duplicate, copy, sell, resell, or exploit the Service, its contents, software, or any portion of any of the foregoing.

• If you submit any information to us through or related to the Services or send us any business information, feedback, idea, concept, or invention to us by e-mail, you shall ensure that you have all necessary permission to submit or otherwise make available such information. You further agree that:

• you will not solicit another user’s password or personal information under false pretenses.

• you will not publish falsehoods or misrepresentations, including with respect to any medical or health information.

• you will not infringe the intellectual property rights, privacy rights, or moral rights of any third party.

• you shall not collect or mine data relating to other users of the Services.

• you shall not interfere or attempt to interfere with the proper working of the Services or otherwise disrupt the operations or violate the security of the Services. Violations of system or network operation or security may result in civil or criminal liability.

• you will not post or transmit any content that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Services)

• You agree to comply with all user responsibilities and obligations as stated in this Agreement. We will investigate possible occurrences of any violations, and we may involve the law enforcement authorities in prosecuting anyone involved with such violations.

• We will upon investigation of suspected violations of these terms or illegal and inappropriate behavior relating to the use of the Services, notify and fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior, or activities of anyone believed to have violated these terms or to have engaged in illegal behavior.

• Non-enforcement of any of the above terms, or our failure to act with respect to a breach by you does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct.

• please do not register more than once for the Services.

• Information you give to us or a Practitioner or enter into the App is accurate and in English.

• Please follow any instructions you are given by Practitioners.

• Please you report any adverse or unexpected effects of treatments recommended by a Practitioner.

• you keep any medicines given to you securely and do not allow others (especially children) to use them or have access to them.

• Please always update us with any changes to your personal details or medical records.

• The Platform is designed to keep your personal health data secure, and it is important that you follow the usage instructions and advice in these terms in order to keep your data safe. We are not liable for loss or unauthorized access to your data which is occasioned by your negligence.

• We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our usage instructions or advice in these terms.

• Other than the Clinical Services, our software and services are provided on an ‘as is’ basis without a warranty of any kind being provided by us.

• We supply our services for personal use, and we are not responsible for any losses you suffer arising out of the unauthorized use of the services.

• In all cases of liability, we will not be liable to you for an amount greater than the fees paid to us by you.

• We are not responsible for compensating you for loss or damage that is not a foreseeable result of breaching these terms. We will also not be liable for indirect, incidental, special or consequential damages.

By signing up you agree to SandsClinic terms of use and privacy policy. You consent to receive phone calls and SMS messages from SandsClinic

• To facilitate your request for remote consultations from our virtual doctors

• To confirm your appointment bookings

• To inform you of confirmation of your selected subscription

• To confirm back to you that your details have been properly entered on our contact page and that an agent will revert back to you.

Messaging frequency depends on your activity, you may opt-out by simply discontinuing your membership on the platform.

SandsClinic allows you to utilize the platform in multiple ways, including:

• Storage of Information (including Personal Health Information created and uploaded by either the User, Providers, or Administrative staff of SandsClinic. This information may also be created while providing routine or preventative Healthcare Services. This information may be shared with all authorized Providers.

• Electronic Transmission of documents including but not limited to consultation notes, referrals, work excuse forms, prescriptions, laboratory requisitions and reports, imaging requisitions and reports, and other documents. The transmission of such documents may be performed automatically on your behalf to facilitate your care.

• Email internally using SandsClinic’s email mechanism.

The Platform may contain links to other independent third-party websites (“Third party Sites”). These Third-party Sites are not under our control, and we are not responsible for and do not endorse their content.

Decisions you make regarding these third party platforms are strictly on your own discretion and you will be solely responsible for your decisions regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them, or disclosure of personal information. To this end, we encourage you to read the privacy policies of Third-party Sites before using or accessing same.

We recommend that if you are using a wireless network to access the web app, you avoid use of public wi-fi facilities in favor of a personal wi-fi connection, and that the wireless network is secured with WPA-2 security. We recommend that the device from which you access the web App is password protected, set to lock after a short period of inactivity, and protected with suitable anti- virus and anti-malware software.

While we will take adequate measures to ensure the optimal performance of the Services on the Platform, we do not warrant or guarantee that the Services will function with your mobile or computing device or be compatible with the hardware or software on any devices.

Information will be transmitted over a medium that is beyond our control; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Services. Without limiting the foregoing, we, and our licensors make no representations or warranties about the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Services or their contents, including software, text, graphics, links, or communications provided on or through the use of the Services.

We will always take reasonable measures to keep the Services free of viruses, worms, however we do not guarantee that files available for downloading through the Services will be free of such contaminations.

The App operates requires a consistent 3G, 4G or faster data connection and does not operate reliably on lower grade connections.

Upon registration, a user may request for consultation services from a specific hospital, whereupon a hospital identification number will be generated on the App and transmitted to the hospital.

SandsClinic collaborates with various hospitals to provide healthcare services. You are hereby advised that the doctors in these hospitals are not engaged by SandsClinic, and accordingly are not vetted by us.

Medical tests will be conducted by our partner laboratories.

After a consultation session, you may be referred by a Practitioner to a laboratory for the conduct of certain medical tests or diagnostic investigations (“Tests”).

The partner laboratory is a separate entity from us and to the extent permitted by law, we disclaim any liability for any acts or omissions of the partner laboratory.

Upon conclusion of a Test, the results shall be transmitted to SandsClinic for interpretation, with the consent of the user.

When you submit details about your symptoms in the App, the information returned is based on general medical information and not as personalized health advice for you. Where the information returned indicates that the symptoms entered necessitate further medical advice, you acknowledge that you are responsible for seeking such advice from your doctor or other medical professional.

We do not guarantee the availability of any specific practitioner at any particular time. We will do what we can to arrange a consultation with a Practitioner as soon as possible, but do not guarantee to offer consultations within a particular time. Consultations generally are limited to 20 mins with our general practitioners.

Practitioners may hold different clinical opinions on the same medical condition or symptoms and, provided these opinions are reasonably held, the fact that two or more Practitioners give different opinions in the course of service provision does not necessarily indicate that the Services are defective.

Certain personal information may be requested of you to effectively provide the Services. If you do not provide this information when requested, you might be unable to benefit fully from the offered service. Some content controlled, generated by, displayed within or stored in the web App may be helpful in providing warning of certain medical or health conditions or circumstances, the web App is not designed as, nor may you use it as, a device to detect, diagnose, treat or monitor any medical or health condition or to establish the existence or absence of any medical or health condition.

The Services are designed for English speakers.

Any form of abuse or offensive behavior towards our practitioners or staff will not be condoned .

Should the provision of the Services be interrupted by events outside our control, we will do our best to notify you as soon as possible. We shall however not bear any liability in this regard. We retain the right to suspend your access to services or terminate your account with us if you breach any of these terms.

To ensure you get maximum benefits in your experience and the quality of our services, we shall also collect certain personal information from you when you sign on in the web app and as you access our services.

Such information will include information you submitted when signing on the web app, as well as your contact information. We will also automatically collect technical information, such as the address used to access the web App, and your location information (based on IP address).

Your personal information is being handled in line with our Privacy Policy. Please take the time to read it as it includes important details about how we secure and process your data.

You are not permitted to copy, distribute, further develop, reproduce, re-publish, modify, alter, download, post, broadcast, transmit or make any business use of SANDSCLINIC IPR. You must not remove, alter, or conceal or obscure any copyright, trademark, service mark or other proprietary notices regarding SANDSCLINIC IPR..

We own copyright and other intellectual property rights in the web app, Documentation, Websites, the Services (as applicable) and their content (“SANDSCLINIC IPR”).

You are permitted to use SANDSCLINIC IPR as may be required to receive the Services, store it on your device and print copies of it for your personal use. You may also transmit material containing SANDSCLINIC IPR to your doctor or another medical practitioner.

The SANDSCLINIC mark, logo, combined mark and logo and other marks indicated in our web App are our trademarks. Other captured logos and graphics and business names are trademarks of our partners.

Except otherwise agreed, subscriptions available within the Web App are monthly subscriptions (“Subscriptions”), payable up-front in advance.

The price of our services (“Charges”) will be set out on the website at the time of our commitment to provide services. Our prices may change at any time, but price changes will not affect any services that you have already ordered.

You will be responsible for paying the Charges, where applicable, unless otherwise stated.

Services can be paid for through any of the following ways;

• Payment through bank transfers to SandsClinic account details provided by us.

• Payment using credit or debit cards.

Access to services will only be granted on confirmation of payment.

Except otherwise stipulated herein or agreed, any Charges paid shall not be refunded. Notwithstanding, we will refund any excess payments made for the Services within 60 days from the date you notify us of such payments.

Subscriptions will automatically renew, and we will take payment at the end of each subscription period, unless you cancel the subscription prior to the end of the relevant subscription period. We may suspend the provision of the Services if you do not pay any of our Charges on time.

Sandsclinic will have the right to sign on rebates and commission payments from partners.

SandsClinic may collaborate with third parties to provide free or discounted plans for users.

Where a discount is provided for the Services, the user shall be responsible for paying the difference to access the Services.

Any actions you take based on content, notifications and otherwise provided on the SandsClinic platform are taken at your sole risk. You should always check any information provided through the service to ensure its accuracy.

SandsClinic makes no representations or warranties what so ever in respect of the service. Information regarding medications, health, medical advice and otherwise may be provided by third parties, including other users of the service. We cannot accept any liability whatsoever in respect of any such content which is provided by third parties and/or any other users of the services.

Your use of any aspect of the Service is at your sole discretion. You must consult with healthcare providers and make your medical decisions based on their advice.

To the extent permitted by law, SandsClinic will not bear any liability for any direct, indirect, or consequential loss, harm or damage whatever arising out of or associated with the use of the Services provided by independent third parties on or via the SandsClinic Platform.

SandsClinic is not liable for consultations given by the Practitioners - all opinions and diagnoses are strictly that of the Practitioners. However, in the event of negligence by a Practitioner SandsClinic undertakes to take appropriate steps including reporting such Practitioner to the applicable regulatory body for sanctions.

If you use and/or access the Service on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, SandsClinic shall not be responsible for the security of your data, including your personal information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.

If you wish to make a formal complaint about our services, kindly do so as soon as possible by contacting us via any of the channels provided in the web app.

If for any reason, the dispute is not resolved by mediation, either of us may refer the dispute to arbitration, in accordance with the provisions of the Arbitration and Conciliation Act Cap A18, Laws of the Federation of Nigeria 2004.

If your complaints involve our partner Practitioners, your complaints would be handled and investigated accordingly.

These terms are governed by Nigerian law and the Nigerian courts shall have exclusive jurisdiction to hear any claim arising out of or in connection with these terms or the use of the Services.

This Agreement remains effective until terminated by either you or us.

Your violation of this Agreement will ensure that any permission and/or license(s) granted hereunder for the use of the Services, shall be automatically terminated.

You may request termination of your account at any time by sending an e-mail to info@sandsclinic.com. You shall then be required to discontinue any further use of the Services. You may also choose to opt out of your subscription by cancelling your subscription on the web app via the “ cancel subscription” option.

We may, in our sole discretion, terminate this Agreement and your access to any or all of the Services, at any time and for any reason.

Where this Agreement is terminated because of your breach of this Agreement, no refund of any paid amount shall be refundable. This action shall be in addition to and not in lieu or limitation of any other right or remedy that may be available to us.

Termination of these terms shall be subject to any portions hereof that impliedly survive expiration or termination.