Terms of Use (PATIENT)

These Terms of Use (“Terms”) governs your use of the Nguvu Health App and website. These Terms and our Privacy Policy set forth the terms and conditions governing your use of the Nguvu Health Limited teletherapy service (the "Service"). The Terms and Privacy Policy together form a legal contract between you and Nguvu Health Limited, governing your access to and use of the Service. Please read the Terms and Privacy Policy carefully before using the Service. BY CLICKING "I ACCEPT", YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT TO THESE TERMS OF USE AND THE PRIVACY POLICY JUST AS YOU WOULD BY SIGNING A PAPER CONTRACT. If you do not agree with and accept these Terms of Use and the Privacy Policy, do not use the Service.

Use of the Site

Nguvu Health Limited (Nguvu, we, us, our) operates the Nguvu Health website athttp://www.nguvuhealth.com . We offer teletherapy services by linking our users with qualified therapists who in turn provide mental health services and advice. By accessing and using our website, you agree to be bound by these Terms and all other terms and policies that appear on the app and our website. You are not allowed to use our website if you do not agree with these terms.

Website Content

Other than information received directly by you from therapists in the context of the Service, the content on the website should not be considered medical advice. We may post or provide links to general information resources that may be of interest to you ("Posted Materials"). Posted Materials are not to be used as medical diagnosis, treatment or advice. Other than information received directly by you from therapists in the context of the Service, you should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the content on this website represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you.

Services

The licensed therapists who deliver services through Nguvu are independent professionals/ contractors. Nguvu, does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by healthcare professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Nguvu nor any third parties who promote the services or provide you with a link to the services shall be liable for any professional advice you obtain from a licensed therapist while using the Nguvu Health website.

App Content

None of the App content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

User Accounts

When you register on the website, you are required to create an individual user account (“Account”) by entering your name, email address, password and providing certain information collected by Nguvu(collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our services. You agree that the Account Information that you provide to us at all times, including during registration and in any information, you upload to the website, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Nguvu reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the website and your Account Information. In no event and under no circumstances shall Nguvu be held liable to you for any liabilities or damages resulting from or arising out of your use of the website, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time. In exchange for your use of the Service and, if applicable, in order for physicians to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete.

Use of the Services by Children

The services are available for use by children but children are not authorized to become Account holders and may not use the Services without the supervision of a parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

Access Rights

We hereby grant to you a limited, non-exclusive, nontransferable right to access the website and use the services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the website or services to anyone for any reason. You agree that you will not, and will not attempt to: impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; use the website or services to violate any local, state, national or international law; reverse engineer, disassemble, decompile, or translate any software or other components of the website or services; distribute viruses or other harmful computer code through the website ; or otherwise use the services or website in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with the therapist through the website and to refrain from contacting licensed therapist for teletherapy services outside of the website. Nguvu is not responsible for any interactions with therapists that are not conducted through the website. We strongly recommend that you do not use the services on public computers. We also recommend that you do not store your Account password through your web browser or other software.

Fees and Purchase Terms

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Nguvu with your payment information, you agree that Nguvu is authorized to immediately invoice your account for all fees and charges due and payable to Nguvu hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with Nguvu to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Nguvu, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any payment for services will be reimbursed. You understand and agree that for services provided on an appointment basis, you will be responsible for a missed appointment fee, equal to all or a portion of the fees you would have paid for the scheduled services, if you do not cancel a scheduled appointment at least 24 hours in advance, unless we notify you in writing that a shorter cancellation window applies.

Termination

You may deactivate your Account and end your registration at any time, for any reason by deactivating your account on the website or sending an email to us at talk@nguvuhealth.com. Nguvu may suspend or terminate your use of the website, your Account and/or registration for any reason at any time. Subject to applicable law, Nguvu reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the website pursuant to its internal record retention and/or content destruction policies. After such termination, Nguvu will have no further obligation to provide the services, except to the extent we are obligated to provide you access to your health records or therapists are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

Termination

You may deactivate your Account and end your registration at any time, for any reason by deactivating your account on the website or sending an email to us at talk@nguvuhealth.com. Nguvu may suspend or terminate your use of the website, your Account and/or registration for any reason at any time. Subject to applicable law, Nguvu reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the website pursuant to its internal record retention and/or content destruction policies. After such termination, Nguvu will have no further obligation to provide the services, except to the extent we are obligated to provide you access to your health records or therapists are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

Right to Modify

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the website or our services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NGUVU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. LIMITATION OF LIABILITY YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL NGUVU OR THEIR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, DEVICES OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification

You agree to indemnify, defend and hold harmless Nguvu, their officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms of Use.

Geographical Restrictions

Nguvu makes no representation that all products, services and/or material described on the Website and App or the Services available through the App, are appropriate or available for use in locations outside Africa.

Disclosure

All Health Professionals performing licensed clinical services on the App hold the professional licenses issued by the professional licensing boards or agencies in the states where they practice. All physicians and psychologists hold advanced degrees in either medicine or psychology and have undergone postgraduate training. You can report a complaint relating to the care provided by a Healthcare Professional by contacting the professional licensing board in the state where the care was received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board or agency that licenses, registers, or certifies the licensee. Any clinical records created as a result of your use of the Services will be securely maintained by Nguvu on behalf of Health Professionals for a period that is no less than the minimum number of years such records are required to be maintained under relevant laws and regulations.

Web Links

WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER APP, WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH PLATFORMS OR THEIR RESPECTIVE OPERATORS.

Ownership

The App and Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Nguvu, its licensors or other providers of such material. These Terms of Use permit you to use the App and Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App except as generally and ordinarily permitted through the App according to these Terms of Use. You must not access or use for any commercial purposes any part of the App or any services or materials available through the App.

Trademarks

Certain use of the names, logos, and other materials displayed on the App may constitute trademarks, trade names, service marks or logos ("Marks") of Nguvu or other entities. You are not authorized to use any such Marks without the express written permission of Nguvu. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

Privacy and Communications

Nguvu is required to comply with relevant healthcare privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your therapist during a medical consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy. As part of providing you with the Services, we may need to provide you with certain communications such as appointment reminders, service announcements, privacy notices, administrative messages and other communications about the Services (“Communications”). These Communications are considered part of the Services and your Account. You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the App or Website you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you Communications through electronic means including but not limited to: (1) by email, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration (“SMS Messages”), (3) push notifications on your tablet or mobile device, or (4) by posting Communications on the App. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication. You can withdraw your consent to receive Communications by deactivating your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and Nguvu. Nguvu cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by Nguvu. The number of SMS messages we send as part of our Communications will depend on the frequency of your use of the Services. You can stop receiving SMS Messages at any time by unsubscribing in the App or on the Website.

Miscellaneous

These Terms of Use and your use of the App and Website shall be governed by the laws of the Federal Republic of Nigeria. ANY DISPUTE ARISING UNDER OR RELATING IN ANY WAY TO THESE TERMS OF USE WILL BE RESOLVED BY MEDIATION IN LAGOS, NIGERIA UNDER THE RULES OF THE COURT, EXCEPT THAT EITHER PARTY MAY BRING A CLAIM RELATED TO INTELLECTUAL PROPERTY RIGHTS, OR SEEK TEMPORARY AND PRELIMINARY SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF, IN ANY COURT OF COMPETENT JURISDICTION, WITHOUT THE POSTING OF BOND OR OTHER SECURITY. ALL CLAIMS, WHETHER IN ARBITRATION OR OTHERWISE, MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING. No waiver by Nguvu of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nguvu to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Changes to this Terms of Use

Nguvu Health may modify this Terms of Use from time to time on an ad-hoc basis to reflect our current privacy practices as well as the legal, regulatory and operating environment and such revised versions will automatically become applicable to you. When we make changes to this statement, we will revise the "updated" date at the top of this page and such revised terms becomes effective as at the time it is posted. We encourage you to periodically review this Terms of Use.