Nathan Alexis

USER POLICY AND TERMS AND CONDITIONS FOR USE OF NATHAN ALEXIS PLATFORM

 

The use of Nathan Alexis platform is governed by these express rules and regulations, applicable laws, and internal policies of the company as shall be amended, altered, or modified from time to time. This user policy and the Terms and Conditions regulate the use of the App and outline the rights and obligations of the service provider and users.

 

About NathanAlexis

 

NathanAlexis Limited is a private company limited by shares, registered with the Corporate Affairs Commission (CAC) in Nigeria, and authorised to carry on business of digital telehealth platform that connects verified physicians with renowned specialists of African origin for real-time technical support.

 

The telehealth application (“NathanAlexis”) provides real-time technical support for physicians and connects them with renowned specialists of African origin; provides easy access to health intelligence, including information on local specialist healthcare services, medical tourism, anonymized data for research, and health market intelligence in Africa. It deploys digital marketing services, including running advertisements for pharmaceutical products, wellness products and services, medical conferences, medical equipment and supplies, and specialist vacancies.

 

Registration and Right of Access

 

  1. To have access to the service and use our App, you must register by creating an account. 

 

  1. While registering, you agree to provide us with certain information such as your email, first name, last name, age, date of birth, business name (where required), address, phone number and any other information that may assist us to verify your identity. 

 

  1. We may seek to verify your information (by ourselves or through third parties), after which we will approve your account unless we refuse to register you in our sole discretion.

 

Change of information 

 

  1. If you change any of your personal data or information that you provided at the time of registration, you agree to notify us.

 

  1. You also agree that NathanAlexis will not provide you with any service or attend to your request if you contact us from an address, email, telephone number or a name that is not registered with us or has not been previously used in relation to this service.

 

Acceptance of the Terms and Conditions

 

  1. The acceptance of these Terms and Conditions constitute a legally binding contract between yourself and NathanAlexis. You therefore need to read and fully understand these conditions of use of the service and if you do not agree to the terms and our policy, do not proceed to register.

 

  1. By accepting the Terms and Conditions, you agree to abide by these conditions of use and our policy, and you also agree that NathanAlexis has the sole discretion to amend, alter or modify the terms and conditions and that such changes shall be without prejudice to your opt-out option. 

 

  1. You agree to comply with the instructions, directives, and guidelines that NathanAlexis may issue on this service from time to time.

 

  1. You agree that except for calls made to our Customer Service Help Line and other designated toll-free numbers, all calls will be charged according to the applicable tariff plans.



Deemed Acceptance of the Terms and Conditions 

 

You are deemed to have accepted the terms and conditions of use of the service as may be amended, altered, or modified from time to time and which is also deemed to have taken effect from the date of amendment.

 

Availability of Service

 

  1. NathanAlexis will reasonably endeavour to make its services accessible and available but does not guarantee that the service will be available at all times due to external factors that may not be within her control. 

 

  1. NathanAlexis reserves the right to make changes, correct, alter, suspend, discontinue, or terminate any aspect of the service and your access to it, at any time without notice.

 

  1. NathanAlexis will not be responsible or liable for any loss or damage whatsoever or however arising as a result of the non-availability of the service.

 

  1. You agree and acknowledge that the services are not fault free and factors including (but not limited to) acts of God, disruptions from internet service providers, strike actions, planned maintenance or rectification work on the NathanAlexis platform or regulatory requirements may interfere adversely with the quality and timely provision of the services.

 

User Eligibility

 

The following persons are eligible to use the service:

 

  1. A junior medical practitioner (by years of experience) who is tech-savvy, or an international specialist interested in building the capacity of physicians in Africa.

 

  1. Local specialists practising in Africa, patients (seeking access to healthcare), researchers and epidemiologists. 

 

  1. The services provided under our platform are not directed to persons below the age of 18 years of age and we will not knowingly or unknowingly transact or provide the service to persons below 18 years of age.

 

Undertakings of NathanAlexis

 

  1. To provide telehealth services to any eligible person with reasonable care and skill and in accordance with all applicable laws, regulations, and rules of professional conduct of the medical practice.

 

  1. Warrants that it has the right, licence and requisite regulatory approval to operate this platform and provide the medical and telehealth related services.

 

  1. Not liable to the user more than the service fees for which the service was not provided.

 

  1. Not liable for any loss or failure of service during a routine maintenance of its App or any other grounds stated under availability of service of which he has given notice to the user or the user ought reasonably to know.

 

  1. Not liable to the user for any loss which occurs due to the actions or inactions of any third party not acting on the instructions of NathanAlexis or any action or inaction of anyone not directly traceable to it.

Warranties of the User

 

By using the platform, you represent and warrant that:

 

  1. All registration information you submit is true, accurate, current, and complete.

 

  1. You will maintain the accuracy of such information and promptly update such registration information, as necessary.

 

  1. You have the legal capacity and agree to comply with these Terms and Conditions.

 

  1. You are above 18 years of age.

 

  1. You will not use the platform or this service for any illegal or unauthorised purpose.

 

  1. Your use of the service will not violate any applicable law, policy, regulation, intellectual property rights or rights of any other third party.

 

  1. NathanAlexis have the right to suspend, terminate and/or report you to law enforcement agencies if you deliberately provide any information that is untrue, inaccurate, or incomplete, with the intention to mislead or defraud.

 

Data Protection and Privacy 

 

  1. NathanAlexis may collect certain Personal Information in the course of your application/registration and, generally, in the course of use of the service. 

 

  1. By accepting these terms and conditions, you consent to NathanAlexis processing, storing, and sharing of your Personal Information. All personal information shall be stored, processed, and dealt with in line with NathanAlexis’ Privacy Policy available on the NathanAlexis website, the Nigerian Data Protection Regulations (NDPR) and the Nigerian Data Protection Act, and any other applicable regulations. 

 

  1. You also unequivocally consent to and grant NathanAlexis the right to use such data to verify your identity, telephone number, and other provided information whenever required during your use of the service. 

 

  1. The user hereby indemnifies and holds NathanAlexis harmless from and against all direct losses which NathanAlexis may incur or suffer pursuant to any and all claims arising as a result of, or to the extent caused by a breach by the user of its obligations under this clause.

 

  1. The user agrees to take all precautions necessary to preserve the integrity of NathanAlexis data and to prevent any unauthorised access, corruption, or loss of NathanAlexis data in its possession or under its control or that of the service provider’s personnel.

 

Waiver 

 

The failure by either party to enforce any of the provisions of these Terms and Conditions shall not constitute a waiver of the same or affect that party’s rights thereafter to enforce the same.

 

Assignment 

 

You agree not to assign your rights or obligations to any third party without the prior written consent of NathanAlexis sought and obtained. You also agree that on no account should you transfer your account to any other third party.

 

Severability 

 

If any portion of this agreement is held by any court or competent tribunal or administrative body to be invalid or unenforceable for whatsoever reason, either in whole or in part, then that part shall be severed from this Terms and Conditions and shall not affect the validity or enforceability of any other part of the document.

 

Security

 

You acknowledge and accept that, as with any service provider/network, you may be exposed to:

 

  1. Unauthorised invasions of privacy during use, or as a result of using the Service; Although our privacy and security features are designed to reduce these risks, we cannot guarantee their total elimination.

 

  1. The failure of information and data to reach their intended destinations and/or erroneous receipt or misdirection of such information. 

 

  1. NathanAlexis shall not be liable to you for any breach of confidence or loss arising as a result of such events.

 

Confidential information

 

  1. The user and the service provider undertake to maintain the confidentiality of all confidential Information, that each party may become privy to whether before, or after the commencement of this Agreement. Each party shall not divulge, or permit to be divulged to any person, or entity, any aspect, or part of such confidential information. The provisions of this clause shall survive the termination of this Agreement.

 

  1. The user agrees to take all necessary precautions to prevent the confidential information from falling into the hands of an unauthorised party.

 

  1. Each party shall not use, or disclose, or attempt to use, or disclose, the confidential information for any purpose inconsistent with the objectives of the service being provided.

 

  1. Neither party shall use or attempt to use the confidential information in any manner, which will cause, or likely to cause injury, or loss to the other party.

 

  1. Notwithstanding the foregoing, confidential Information specifically excludes the following:

(i) information that is now in the public domain or subsequently enters the public domain by publication or otherwise through no action or fault of the other party; 

(ii) information that is known to either party without restriction, prior to receipt from the other party under this Agreement, from its own independent sources as evidenced by such party's written records, and which was not acquired from the other party; 

(iii) information that either party receives from any third party reasonably known by such receiving party to have a legal right to transmit such information, and not under any obligation to keep such information confidential; and 

(iv) information independently developed by either party's employees or agents provided that either party can show that those same employees or agents had no access to the Confidential Information received hereunder. 

 

  1. If any confidential information of a disclosing party is required to be disclosed by a receiving party by law or by an order of a court or tribunal of competent jurisdiction, the rules or regulations of any government agency having regulatory authority over a party, or any enquiry by, any competent governmental official or regulatory body provided the receiving party shall: (a) give the disclosing party as much prior notice of any disclosure as is practicable unless prohibited by the terms of the Applicable Law or court order, (b) consult with the disclosing party on the advisability of taking legal steps to resist or narrow the scope of such disclosure; and (c) to the extent that they are not prohibited from notifying the disclosing party, exercise reasonable efforts to narrow the scope of any such disclosure.

 

Notices 

 

  1. The address you supply during your registration process shall be regarded as your chosen address where notices may be given, and documents may be served. You must notify us should your physical, postal, email address or cell phone number or any other information supplied to us changes.

 

  1. Any notice sent to you by post shall be duly given if sent by a courier company or if delivered by hand at your address as provided in our records and upon same having been acknowledged by or on behalf of the addressee on the date of delivery.

 

  1. Any correspondence we send to you by email will be considered to have been delivered on the day that it was sent.

 

  1. We are entitled to send information to you via SMS to the contact telephone number provided upon your registration except you provide us with another registered telephone number.

 

  1. All notices sent to us should be addressed as follows:

legal@nathanalexis.com

 

Internal Dispute Resolution Mechanism 

 

Where a complaint to the customer service centre is not resolved or the customer is not satisfied with the feedback from customer service, the customer shall refer the matter to the Internal Dispute Resolution Center of NathanAlexis within 24 hours of receiving the feedback. The company shall take steps to address the issues with dispatch and resolve the issues not later than 48 hours. Where the dispute is not resolved within 3 working days, the user may report the matter to the dispute resolution section for appointment of settlement nominees to resolve the dispute.

 

Intellectual Property Rights 

 

  1. NathanAlexis shall be the owner of any of its software, websites, app, trademarks, trade secrets, trade names, designs, patents, copyrights, intellectual property and any of its copies, derivative work etc.  (“Intellectual Property”).  

 

  1. You shall not use any Intellectual Property of NathanAlexis without prior written consent from NathanAlexis. 

 

  1. You agree that you shall have no claims/rights of whatsoever nature in the intellectual property rights arising out of and in connection with platform, account and services.  

 

  1. You undertake that you shall not attempt to modify, alter, obscure,  translate,  disassemble, decompile or create  any  derivative  product  based  on  the  software/Platform  or  any  of  the Intellectual Property of NathanAlexis.

 

Sanctions

 

  1. Any false declaration provided by you may be punished by the laws of the Federal Republic of Nigeria as applicable and may lead to the suspension or termination of this agreement and any other punitive measures. 

 

  1. In the case of fraud, glitch, or any unauthorised access from your account, you must inform us promptly and provide a police extract to support your claim. We shall not be liable to you where we provide service to any third party who have access to your account without any from you to us.

 

  1. You agree to comply and abide by all lawful instructions that NathanAlexis may issue about the use of the service and further agree to pay any fine or penalty imposed for non-compliance.

 

Variations

 

NathanAlexis reserves the right to vary at any time these Terms and Conditions. The notice of variation will be communicated via our website or this platform, SMS or by using any other suitable means provided that you shall be deemed to have been notified of any such variation.

 

Force Majeure

 

  1. NathanAlexis shall not be liable for delay in performing or failure to perform any of its obligations under these Terms and Conditions which is caused by circumstances beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of telecommunications, data communications and computer systems and services, natural calamities, war, civil unrest, government action, strikes, lock-outs or other industrial action or trade disputes (whether involving the NathanAlexis’s employees or those of a third party). 

 

  1. Any delay or failure of this kind will not be deemed to be a breach of these Terms and Conditions and the time for performance of the affected obligation will be extended by a period which is reasonable in the circumstances.

 

Exclusion of Damages and Limitation of Liability 

 

NathanAlexis shall not be liable to any user for any loss or damage incurred, except such loss or damage directly arises from the negligence in the provision of the services. NathanAlexis shall not be liable or responsible for a failure of service arising as result of the following: 

 

  1. You have not been properly registered or authorised to use NathanAlexis services, or where the authorization for such use has been withdrawn or suspended. 

 

  1. You enter an incorrect PIN, or user ID (if required), or not providing the relevant authentication required by the service from time to time in connection with the App. 

 

  1. NathanAlexis has suspended or banned you from using the NathanAlexis services for any reason whatsoever.

 

  1. If in the opinion of NathanAlexis and/or you, the transaction requested by the user is suspected to be fraudulent.

 

  1. Defects, problems, or failures of any transaction caused by an event of Force Majeure.

 

  1. Any service provided as a result of third-party unauthorised access to your portal.

 

Indemnity 

 

  1. You agree to indemnify, defend and hold NathanAlexis and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of these Ts & Cs or (ii) arising from, related to, or connected with your use of the services.

 

  1. You agree to indemnify, defend and hold NathanAlexis and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any  fraud  or  any  loss  or damage suffered by NathanAlexis due to any reason whatsoever including but not limited to the failure on your part to communicate  correct  permanent  or  communication  address,  communication number,  email  address,  KYC  Information  and/or  failure  on your  part to  communicate  any  change/alteration  in  the  said  permanent  or communication  address,  communication  number,  email  address,  KYC Information.

 

Anti-Corruption, Anti-Money Laundering and Financial Terrorism

 

You hereby undertake that you will comply with the applicable provisions of the Anti-Corruption Laws and Anti-Money Laundering Laws as well as terrorism financing regulations and extant laws of the Federation aimed at combating money laundering, financing of terrorism and proliferation financing in line with extant laws.

 

Governing Laws and Dispute Resolution  

 

  1. These terms and conditions of use of the service and all matters of disputes arising therefrom or incidental thereto shall be governed in accordance with the Laws of the Federal Republic of Nigeria.

 

  1. In the event of a dispute or difference between you and NathanAlexis (where the internal dispute mechanism is unable to resolve) in connection with or in relation to this Agreement or its performance, construction or interpretation, the Party alleging the dispute shall provide a written notice, giving particulars of the dispute (the Notice of Dispute) to the other Party. 

 

  1. You and NathanAlexis agree to each appoint a representative and to cause their respective representatives to meet as soon as possible, in an effort to resolve the dispute amicably, in good faith and with absolute fair play. All such representatives of the Parties shall be referred to as ‘Settlement Nominees’ and the period agreed on for such discussion shall be referred to as “Period of Discussion”. 

 

  1. If the dispute is not resolved by the settlement nominees within fourteen (14) Business Days of the notice of dispute, the aggrieved party may be at liberty to approach a competent court for adjudication.

 

Termination

 

The registration and access to our service by the user shall remain in force unless terminated under any of the following:

 

  1. NathanAlexis or the user may elect to terminate the service for no reason, whatsoever, by giving one month notice in writing to the other of his intention to terminate.

 

  1. NathanAlexis is entitled to immediately suspend the provision of service and terminate the contract by a notice to the user on the occurrence or concurrence of any of the following:

 

  1. The user is in breach of any of the provisions of this Terms and Conditions;
  2. The user fails to pay any amount for services rendered; 

iii. The user is insolvent or bankrupt;

  1. NathanAlexis, in his absolute discretion, determines that the relationship with the user poses increased risk or liability;
  2. The user is involved in any activity that may, in the opinion of NathanAlexis, create harm or loss to the goodwill of the company; 
  3. This Agreement shall immediately terminate, without notice, where the Service Provider loses the licence, permit or authority to provide the services or where extant provision/regulatory requirements invalidate the transaction under this Agreement.

 

  1. Upon termination of this agreement or service, all rights, and obligations of either party shall immediately cease to have any effect except that the clauses which expressly or by implication have effect after termination will continue to be enforceable notwithstanding such termination. 
  2. Except as stated in paragraph c above, the termination shall not affect accrued rights and obligations of the user or the company and as such, the user shall immediately pay all outstanding amounts owed under the service and the company shall be entitled to withhold sums, set-off any sums and recover any chargebacks and costs.

 

  1. The user agrees that the clauses on indemnity, intellectual property and confidentiality shall survive the termination of this agreement.

 

Modification and Amendments

 

You agree to be bound by all modifications, alterations, amendments, and subsequent changes (without any notice to you). You agree to check our website regularly to be informed of any modification. Where you have any objection to any amendment or modification, you may inform us and forthwith, discontinue your usage of the service, without any liability.

 

Legal Contact

 

You can reach us at legal@nathanalexis.com






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