Your Trusted Telehealth Provider
Welcome to Avancee Pinnacle Ltd. This document constitutes a legally binding agreement between you and Avancee Pinnacle Ltd, a Company duly incorporated in the Federal Republic of Nigeria, with RC No: 1361561. By clicking “I agree,” signing up for an account on Healthsential, or accessing and using the services provided by Avancee Pinnacle Ltd. (the “Services”), you agree to be bound by the terms and conditions set forth in this Healthcare Provider User Agreement (“Agreement”).
We urge you to carefully read and understand this Agreement before you sign up for an account or use the Services. If you do not agree to be bound by this Agreement, please do not sign up for an account or use the Services. In this Agreement, ‘Avancee Pinnacle Ltd’, ‘we’, ‘us’, or ‘our’ refers to Avancee Pinnacle Ltd., while ‘you’ refers to you, as a user of the Services.
This Agreement is a binding agreement between you and us, and is applicable to all users of the Services.
For the purposes of this Agreement, the terms set forth in this Section 1 have the meanings
Company: refers to Avancee Pinnacle Ltd, a Company duly incorporated in the Federal Republic of Nigeria, with RC No: 1361561, which undertakes the business of connecting individuals seeking medical services ("Users") with licensed healthcare professionals ("Consultants") through a digital platform.
Clinical Data Exchange: With your consent, we may exchange protected health information (and your personal information as necessary) between you and covered entities, such as healthcare providers and Medical consultants for purposes related to treatment, payment, and healthcare operations. This may include care coordination, quality measurement programs, risk adjustment, and other similar purposes.
Confidential Information: This refers to any information related to our business, financial aff airs, products or technology, trade secrets, workforce, customers, or any other information that we designate as confidential or that would be viewed as confidential by our competitors, including individuals' health information.
Consent: This refers to your permission or authorization for us to take certain actions described in this agreement. You may give consent electronically or through the features of our service, such as ‘share’, ‘transmit’, ‘refer’, ‘authorize’, ‘opt-in’, ‘agree’, or other similar actions. Consent may apply to an individual case or situation, or may apply globally based on overall circumstances.
Consultant: This refers to a licensed healthcare professional, such as a physician, nurse practitioner, or physician assistant, who has registered with the Platform to off er medical services to Users.
Credentials: This refers to any unique identifier, password, token, or other means we use
Healthsential: Refers to a product/platform by Avancee Pinnacle Ltd which connects people needing medical services with Medical consultants.
Limited Access: License refers to the right granted to access the Services on a limited basis.
New User Trial Period: Signifies the period of time, which may be determined at our sole discretion, but is typically 14 days, commencing from the date on which you enter into this Agreement.
Personal Information: Is any data, including an individual's name, contact information, government identifiers, or other identifiers that, in the context of applicable state and federal laws, could be used to personally identify an individual.
Policies and Procedures: Refers to the rules, regulations, policies, and procedures governing access to and use of the Services, which are subject to change and can be found on the Healthsential website.
Policies and Procedures: Refers to the rules, regulations, policies, and procedures governing access to and use of the Services, which are subject to change and can be found on the Healthsential website.
Subscription: : This refers to the paid subscription to the Services on Healthsential
Term:This denotes the initial term and any subsequent renewal terms of this Agreement
Trial Period:encompasses the New User Trial Period and/or the Existing User Trial Period, depending on applicability.
Your Information:refers to information that you or your Workforce input or upload onto the Services, including Your Personal Information and Your Health Information.
Additionally, the phrases "include", "includes", and "including" should be interpreted to mean "including without limitation". The word "will" should be interpreted as having the same meaning as "shall." The word "or" should be interpreted as having the same meaning as "and/or." The words "herein," "hereof," and "hereunder," along with similar phrases, should be interpreted to refer to the terms and conditions established in this Agreement. The headings used in this Agreement are only for convenience and should not be used in interpreting this Agreement.
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES.
You must be at least 18 years old and capable of forming a binding contract to use the Services. By accessing or using the Services, you represent and warrant that you meet these eligibility requirements.
If you're a new user, we give you a limited, non-exclusive right to access and use our Services for a trial period to evaluate them for your business purposes. You must comply with this Agreement and our Policies and Procedures. During the trial, you have no other rights, remedies, or benefits under this Agreement. The trial version may not include all of the Services available to paying users. We may terminate your trial access at any time, with or without notice. If you want to continue using the Services after the trial, you must purchase a Subscription.
The Services may include certain third-party software, services, data or applications, and optional services provided by third parties, such as billing, electronic prescribing, and clinical laboratory reporting services. You may be required to enter into separate agreements with these third parties, and you agree to comply with the terms of any license or other agreement relating to third-party products included in the Services or made accessible to you through the Services. Your use of the Services or third-party products or services will constitute your agreement to be bound by the terms of all licensing, subscription, and similar agreements relating to such use, including any third-party terms set forth
Avancee Pinnacle Ltd provides a comprehensive platform connecting individuals to licensed medical consultants. The following is a summary of the services provided by Avancee Pinnacle Ltd:
Provision of access to Medical Consultation Services: Avancee Pinnacle Ltd provides a platform for individuals to access medical consultation services from licensed medical professionals. The platform allows users to schedule appointments with medical consultants, review their qualifications and experience, and communicate with them via audio or video conferencing. Please note that Avancee Pinnacle Ltd bears no liability for any default or wrong information arising from any arrangement between the user of the Healthsential platform and the Medical consultants
Appointment Management: Avancee Pinnacle Ltd provides appointment management services that allow users to schedule and manage appointments with medical consultants. Users can select the date and time of their appointment, and reschedule or cancel appointments as needed.
Payment Services: Avancee Pinnacle Ltd provides a secure payment platform that allows users to pay for medical consultation services. Users can pay for services using a debit card, and fees will be as determined from time to time by Healthsential.
Access to Information: Avancee Pinnacle Ltd provides access to healthcare-related information and resources to assist users in making informed decisions regarding their health. This may include information on drug interactions, dosages, allergies, and general health-care-related information.
Forums: Avancee Pinnacle Ltd provides forums for users to exchange information related to health care. Users can interact with each other, share experiences, and provide support and guidance.
Avancee Pinnacle Ltd is committed to providing reliable and effi cient services to its users. The scope of services outlined above is subject to change at any time without notice, as Avancee Pinnacle Ltd continues to improve and expand its off erings.
Verification: Avancee Pinnacle Ltd will verify the identity and credentials of users and consultants who require medical services using certain features or functionality of the Services. This may involve the use and disclosure of Personal Information for the purpose of verifying ongoing qualifications and professional credentials. Third-party inquiries may also be made to obtain necessary information, and users authorize the disclosure of such information. Avancee Pinnacle Ltd may terminate a user’s access to the Services if it is unable to determine or verify the identity, qualifications, or credentials of the user or consultant.
Permitted Uses: You may use Your Health Information for any purpose permitted by applicable law, including treatment, payment, and healthcare operations, subject to the terms of this Agreement and the policies and procedures of Avancee Pinnacle Ltd.
The Services may only be used for purposes expressly permitted in this agreement. You shall not use the Services to reproduce, publish, or distribute content that infringes any third party's trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right.
Additionally, you shall not use the Services to transmit illegal, obscene, threatening, libelous, harassing, or off ensive messages, or any other unlawful material. To safeguard the confidentiality, integrity, and availability of the information and other elements housed in the Services, and to maintain the stability of the Services, you shall not abuse or misuse the Services, including gaining or attempting to gain unauthorized access to the Services, or altering or destroying information housed in the Services.
You shall not use the Services in a manner that interferes with other users' use of the Services, violates our Policies and Procedures, or employs any ad-blocking mechanism, device, or tool to prevent the placement of advertisements in the Services.
You shall not circumvent any technical measures we have put in place to safeguard the Services or restrict access to the Services solely to the class of persons expressly authorized by Avancee Pinnacle Ltd.
As a user of the platform connecting you to medical professionals provided by Avancee Pinnacle Ltd, you agree to comply with all applicable laws and regulations related to your use of the platform. You will not use the platform for any illegal or unauthorized purpose, including but not limited to sending spam or other unsolicited communications. You will not attempt to interfere with the platform's security or integrity or attempt to access any data or information that you are not authorized to access. You agree to maintain the confidentiality and security of your login credentials and not share them with anyone. You are responsible for any activity that occurs under your account. You agree to promptly notify Avancee Pinnacle Ltd if you become aware of any unauthorized use of your account or any other breach of security related to the platform.
Clinical Support Information; Information Exchange: We provide information to help with clinical decision-making, but it's for informational and educational purposes only and not intended as professional advice or a substitute for your judgment. The accuracy and completeness of information placed in the Services by third parties are beyond our control. You assume full risk and responsibility for the use of information obtained from the Services, and we don't recommend or endorse any particular Medical consultant. You must review the definitions, functionality, and limitations of the Services and determine their suitability for your use. We and our suppliers and licensors disclaim all warranties, expressed or implied, including any warranty as to the quality, accuracy, and suitability of the information provided by the Services for any purpose
By using the Services:
4.1 Ownership of Platform and Content. The Platform, including all intellectual property rights in and to the Platform and its contents, is owned by Avancee Pinnacle Ltd or its licensors, and is protected by Nigerian and international intellectual property laws. Avancee Pinnacle Ltd retains all rights, titles, and interests in and to the Platform and its contents, including all intellectual property rights. Except as expressly provided in this Agreement, no rights are granted to you hereunder other than as expressly set forth herein.
4.2 Ownership of User Content. You retain all rights, titles, and interests in and to any content or materials that you submit, post, upload, or otherwise make available through the Platform ("User Content"), subject to the licenses granted to Avancee Pinnacle Ltd in this Agreement.
.3 License to User Content. By submitting, posting, uploading, or otherwise making User Content available through the Platform, you grant Avancee Pinnacle Ltd a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, 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 Platform and Avancee Pinnacle Ltd'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 or entity.
4.4 Avancee Pinnacle Ltd's Use of User Content. Avancee Pinnacle Ltd may use User Content for any purpose, including but not limited to, reproduction, transmission, publication, broadcast, and posting. Avancee Pinnacle Ltd is under no obligation to treat User Content as confidential, to pay you or anyone else for User Content, or to respond to any User Content. You agree that Avancee Pinnacle Ltd has no responsibility or liability for the deletion or failure to store any User Content maintained or transmitted by the Platform.
4.5 Copyright Infringement Claims. Avancee Pinnacle Ltd respects the intellectual property rights of others and expects its users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Platform, please notify Avancee Pinnacle Ltd's copyright agent, as set forth in the Nigerian Copyrights Act. For your complaint to be valid, you must provide the following information in writing:
Avancee Pinnacle Ltd ("Avancee") provides the platform for connecting users to medical consultants for informational and educational purposes. The information provided through the platform is not intended to be a substitute for professional diagnosis or treatment. The use of the platform does not also create a doctor-patient relationship between the user and Avancee or any of Avancee’s subsidiaries.
Avancee is not responsible for any errors or omissions in the information provided on the platform or for any actions taken by users based on the information provided on the platform.
Avancee does not endorse or recommend any specific medical consultant, treatment, product, procedure, opinion, or other information that may be mentioned on the platform.
Avancee is not responsible for any advice or information provided by medical consultants or any other third party information or content providers on the platform.
You acknowledge and agree that the use of the platform is at your sole risk and that Avancee is not liable for any damages arising from the use of the platform or from any advice or information provided by medical consultants or any other third-party information or content providers on the platform.
Avancee is not responsible for any errors or omissions in the information provided on the platform or for any actions taken by users based on the information provided on the platform. In no event shall Avancee, its affi liates, offi cers, directors, employees, agents, or licensors be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the platform or the information provided on the platform, whether based on contract, tort, strict liability, or any other legal theory.
You agree to indemnify, defend, and hold harmless Avancee, its affi liates, offi cers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, and expenses arising out of or in any way connected with your use of the platform or your violation of these Terms.
Avancee is not responsible for any misuse of the platform by users, including but not limited to the sharing of confidential information or using the platform for illegal purposes. Any such misuse is at the sole risk of the user. You acknowledge and agree that any medical consultant using the platform is an independent contractor and not an employee or agent of Avancee.
Any advice or information provided by medical consultants is solely the responsibility of the medical consultant, and Avancee is not responsible for any advice or information provided by medical consultants on the platform. In the event that a medical consultant or other third-party information or content provider on the platform is found to be liable for any damages arising from the use of the platform or from any advice or information provided on the platform, you agree that your sole recourse is against the medical consultant or other third-party information or content provider and not against Avancee.
To the extent permitted by applicable law, Avancee disclaims all warranties, whether express, implied, or statutory, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
Avancee Pinnacle Ltd ("Avancee" or "we" or "us") provides access to the platform connecting users to medical professionals for a fee as determined by Healthsential from time to time.
By using our platform and engaging the services of medical professionals, you agree to these payment terms.
Fees: The fees for using the platform and engaging the services of medical professionals will be as determined from time to time by Healthsential. You agree to pay the fees for the services that you use on our platform and you authorize us to charge your debit card for the fees. Healthsential reserves the right to change the fees at any time without prior notice.
Payment Method: We currently accept debit cards as the method of payment for the services provided through our platform. We may add additional payment methods at our discretion.
Refunds and Cancellations: All fees paid to Avancee are non-refundable except as expressly provided in this section. In the event that you are not satisfied with the services provided by a medical professional, you may request a refund within 24 hours of the completion of the service. We will investigate the matter and determine in our sole discretion whether to issue a refund. Our decision will be final and binding.
If you cancel a scheduled appointment with a medical professional at least 24 hours before the scheduled time, we will refund the fees paid for the appointment. If you cancel the appointment less than 24 hours before the scheduled time, we will not refund the fees paid for the appointment.
In the event that a medical professional cancels a scheduled appointment, we will refund the fees paid for the appointment or reschedule the appointment at your convenience.
Late Payment: If we are unable to charge your debit card for the fees due, we may suspend or terminate your access to the platform until payment is received in full. We reserve the right to charge interest on any overdue amounts at the rate of 1% per month or the maximum rate permitted by law, whichever is lower.
Taxes: You are responsible for all taxes associated with the services provided through our platform. You agree to pay any applicable taxes in addition to the fees charged by Healthsential.
Limitation of Liability: In no event shall Avancee or its affi liates be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use our platform or the services provided by medical professionals through our platform, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, whether based on contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages.
You acknowledge that Avancee is not responsible for any wrong information given by the medical professionals and that the medical professionals in themselves will be held liable. In no event shall Avancee be liable for any misuse of the platform by users.
Our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid by you, if any, to us for the services provided through our platform during the term of your use of our platform.
Indemnification: You agree to indemnify and hold Avancee and its affi liates, offi cers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of our platform or the services provided by medical professionals through our platform, or your violation of these payment terms.
At Avancee Pinnacle Ltd, we take the privacy and confidentiality of our users very seriously. We understand that your personal and medical information is sensitive and private. This section sets out the terms and conditions that govern the collection, use, disclosure, and protection of your personal and medical information.
Collection of Personal and Medical Information: We may collect personal and medical information from you or from third parties that you have authorized to provide us with such information. Such information may include, but is not limited to, your name, date of birth, contact information, medical history, and other information that is necessary to provide you with the services you require.
Use and Disclosure of Personal and Medical Information: We will use your personal and medical information for the purposes of providing you with the services you require, including but not limited to connecting you with medical consultants, scheduling appointments, and processing payments.
We may disclose your personal and medical information to our medical consultants to enable them to provide you with the services you require. We may also disclose your personal and medical information to third-party service providers who assist us in providing the services you require, such as payment processing and data storage.
We will not disclose your personal and medical information to any other third party without your express consent, except where required by law or where necessary to protect our rights, property, or safety.
Protection of Personal and Medical Information: We take reasonable steps to protect your personal and medical information from unauthorized access, use, or disclosure. We use industry-standard security measures to protect your personal and medical information, including secure data storage, encryption, and access controls. However, we cannot guarantee that your personal and medical information will be completely secure, and we will not be liable for any unauthorized access, use, or disclosure of your personal and medical information.
Confidentiality: We recognize the importance of confidentiality in the medical profession. Therefore, we require all our medical consultants to maintain the confidentiality of your personal and medical information and to comply with all applicable laws and regulations relating to the confidentiality of such information.
User Obligations: By using our services, you agree to maintain the confidentiality of your login credentials and to take all necessary precautions to prevent unauthorized access, use, or disclosure of your personal and medical information.
You also agree to comply with all applicable laws and regulations relating to the privacy and confidentiality of personal and medical information.
In the event that you become aware of any unauthorized access, use, or disclosure of your personal and medical information, you agree to notify us immediately so that we can take appropriate measures to mitigate any harm that may result from such unauthorized access, use, or disclosure.
This agreement shall remain in eff ect until terminated by either party. You may terminate this agreement at any time by simply opting to close your account. Healthsential may also terminate this agreement at any time without notice if you breach any of the terms or conditions of this agreement.
This agreement shall remain in eff ect until terminated by either party. You may terminate this agreement at any time by simply opting to close your account. Healthsential may also terminate this agreement at any time without notice if you breach any of the terms or conditions of this agreement.
In the unlikely event that we end up in a dispute, you agree to first contact us and attempt to resolve the dispute informally. If we are not able to resolve the dispute informally, we both agree to resolve any claims arising out of or relating to this Agreement through binding arbitration in accordance with the Nigerian Arbitration and Conciliation Act (Cap A18, Laws of the Federation of Nigeria 2004). The arbitration will be conducted by a single arbitrator in the English language and in the Federal Republic of Nigeria. Each party shall bear its own costs and expenses incurred in connection with such arbitration.
Entire Agreement: This Agreement constitutes the entire agreement between you and Avancee with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Avancee. Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.
Amendments: Avancee reserves the right, in its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Platform following the posting of any changes to this Agreement constitutes acceptance of those changes.
Waiver: The failure of Avancee to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
Severability: If any provision of this Agreement is held to be invalid or unenforceable by a court or other tribunal of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and eff ect.
Governing Law: This Agreement shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria, without giving eff ect to any choice of law or conflict of law provision or rule (whether of the Federal Republic of Nigeria or any other jurisdiction).
Assignment: You may not assign or transfer this Agreement or any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Avancee. Any attempted assignment or transfer in violation of this Agreement will be null and void. Avancee may assign or transfer this Agreement, in whole or in part, without restriction.
Notices: Any notices or other communications required or permitted hereunder, including those regarding modifications to this Agreement, will be in writing and given by Avancee (i) via email (in each case to the address that you provide) or (ii) by posting to the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Headings: The headings used in this Agreement are included for convenience only and will not limit or otherwise aff ect this Agreement.
Force Majeure: Avancee will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.