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Legal Information

ONEMEDICAL TERMS AND CONDITIONS

Welcome to OneMedical, an electronic medical record platform designed to take hospitals digital in a simple and seamless manner. These Terms of Use are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.

  1. General

    These Terms and Conditions constitute a binding agreement between You and (1) OneMedical Global Inc., a company duly registered under the laws of Delaware, United States, and (2) One Global Medical Technology Ltd., a limited liability company duly registered under the Laws of the Federal Republic of Nigeria, LFN 2004 (collectively described herein as “OneMedical”) for the use of the website, services, applications (such as mobile or tablet applications) and any other technology (software or hardware) provided to you by OneMedical.

    Access to the service and all OneMedical files and functions is given to you on the condition that you become a registered member who accepts and agrees to these terms of service and all related agreements or provisions listed above. If you do not agree with the current terms of service, or any of the related or incorporated policies and agreements, do not use the service. By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

    OneMedical is not an employer of Doctors or Health Service Provider and is not responsible in any way for the advice or treatment received by you.

    We retain the right to revise and change the Terms of Service at any time without notification to you, and you agree to be bound by such revisions or changes. We may attempt to notify you of any changes, but we are not obligated to do so, and as a result you should periodically review the current Terms of Service on our website or application.

  2. Definitions:

    “We" and "our" mean OneMedical and its current and future affiliated entities, subsidiaries, divisions, partners and service providers.

    “Content” means User data, information or material uploaded or routed to the Service, transmitted using the Service or otherwise provided to OneMedical in any medium by You or on your behalf, together with any derivative works made therefrom. You warrant and represent that you have the necessary and legally valid rights to your Content. OneMedical however, maintains world-wide, perpetual, sub-licensable rights over Content uploaded or routed through the Service. You are solely responsible for the accuracy, completeness, integrity, reliability and appropriateness of your Content.

    "Health-related information" means all individually identifiable health information, including demographic information and information related to an individual's physical or mental health, the provision of health care to the individual, or the individual's payment for the provision of health care.

    "Health service provider" means an entity that provides health-related services to end users.

    "Post" and "Posting" shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Service.

    “Service” and “Services” mean the tools, features, functions and systems offered by OneMedical now or in the future, including a unified Electronic Health Record (EHR) technology platform that stores medical files for the purpose of shared access or retrieval by healthcare facilities and/or other authorized person(s).

    "You" and "Users" shall mean all health service providers, doctors, patients, institutions, their agents and individuals or their wards/minor children who use the Website and/or Services.

  3. Scope of Agreement

    The Terms and Conditions cover your use of the Services, including, but not limited to the process by which you may upload, update, process and retrieve User Submissions, via utilization of the Services, and you agree that the Terms and Conditions apply to your use of the Services. By accessing the Website and/or using the Services, you also consent and agree to the terms of the Privacy Policy, and all other policies, available on the Website.

  4. Use of Content

    To use some parts of the Service you may be required to register and provide certain information about yourself, including your e-mail address and password (“Credentials”). If you become a registered member of the Site, you accept responsibility for all activities that occur under your registration account. You agree to provide true, accurate, complete, and correct information at the time of registration. You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for maintaining the confidentiality of your Credentials.

    By creating, posting, or sharing your Content on or through the OneMedical Service, and subject to OneMedical’s Privacy Policy, you grant OneMedical a perpetual, world-wide, non-exclusive, non-transferable, royalty-free license to use, collect, modify, remove, publish, transmit, or display your Content and data for any purpose, including for the purpose of developing and promoting OneMedical and its services, as well as research purposes. Such Content shall be anonymised and unidentifiable in relation to any individual or patient data. You also acknowledge and agree that your Content is non-proprietary. OneMedical reserves the right to refuse to accept, post, display, or transmit any Content at its sole discretion.

  5. Your Use of Services; Restrictions

    You are granted a limited, revocable, non-exclusive, non-sublicensable license to use and access the Services as set out in these Terms of Service under the following restrictions:

    • You may not copy, publish or distribute in any medium any part of the Service.

    • You may not alter or modify any part of the Service, except you may edit, delete or otherwise manage your Content using the tools, processes and features provided by the Service for that purpose. Any application is licensed to you to use in connection with the Service and is not sold to you.

    • You agree to preserve all Materials (defined below) on any copy you make of the Materials.

    • Your use of the Service may cause you to incur fees charged for data usage by Your mobile network carrier, or cause You to incur other third party terms and fees, and such fees and/or third party terms are your sole responsibility.

    • You agree that OneMedical may automatically download and install updates to the Service from time to time. Updates may take the form of bug fixes, enhanced functions, new features or modules, or new versions. You agree to receive such updates (and permit OneMedical to deliver these to you) as part of your use of the Service.

    • You may not interfere in any Service, another member’s Content, or application security provision or, in any other similar way, use the Service, website, application or other system resources, networks and services accessible through or connected to any Service, in a corrupt or menacing manner. You agree to use the website(s), application(s), Service entirely within their lawful and intended limits. You agree not to use or launch any automated tools or systems, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service or Content in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to access, tamper with, or use non-public areas of the Service, any associated computer system or infrastructure, or any technical delivery system associated with the Service.

  6. Your Use of Materials

    The Service includes but is not limited to: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other property and materials (collectively, the “Materials") are protected by copyright, trademark and other forms of proprietary rights. All rights, title and interest in the Materials are owned by, licensed to or controlled by the OneMedical or the respective owners.

  7. Account Creation and Secure Credentials

    You agree that if you create an account and use the OneMedical Service on behalf of a health service provider, you have the necessary legal authority and capacity to do so. You are responsible for your log-in credentials and for keeping your account information accurate. You are responsible for any activity resulting from the use of your log-in credentials on the OneMedical Service.

  8. Accurate Account Information

    You represent and warrant that the information you provide to OneMedical upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times by informing your medical professional of updates each time you visit your Health Service Provider. 

  9. Payment Obligations

    An invoice will be issued on the date You are registered to use the Service. You must pay or arrange payment of all amounts specified in any invoice by the due date for payment and all payments are payable within 14 days of the invoice date.  In the case of the per-patient payment model, a minimum of 200 patient credits shall be purchased to begin with.

  10. Screening Users

    OneMedical does not screen its users or verify information communicated through the Service, though OneMedical has the right to monitor such information. OneMedical may, at its sole discretion, take steps to verify your identity and credentials as a health service provider at any time. You agree that we may use and disclose information, including “Confidential Information” about you for such purposes, including making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to the Service at any time, if we are unable at any time to determine or verify your qualifications or credentials. You may contact us at team@onemedical.ng to notify of us of inappropriate or illegal conduct or content you encounter on the Service.

  11. Protecting Your Log-In Credentials

    As a registered user, you will be provided with log-in information, including a username and password. Your account is personal to the primary account holder, and you may not share your account and log-in information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your account and access credentials, you should take care to preserve the confidentiality of your username and password, and any device that you use to access the OneMedical Service.

    You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify OneMedical by e-mail at team@onemedical.ng. You will be solely responsible for the losses incurred by OneMedical and others (including patients) due to any unauthorized use of your account that takes place prior to notifying OneMedical that your account has been compromised.

  12. Responsibility for Misuse by Other Users of Your Account

    You acknowledge that by allowing your representatives to access the OneMedical account, you are responsible for ensuring such representatives use the OneMedical Service for the purposes for which they are accessing it. While the Service has certain technical safeguards against misuse, you acknowledge it will rely to a substantial extent on your responsible use. You agree that we will not be responsible for any unlawful access to or use of the Service by any employee or patient to whom you gave access or log-in credentials.

  13. Exporting Information from the Service

    You are solely responsible for any health-related information exported from the OneMedical Service by you or, if you are a healthcare provider, the employees and patients that you allow access from your account. You represent and warrant that you will export and subsequently use protected health information only as permitted by Health Insurance Portability and Accountability Act (HIPAA) and applicable federal and state laws.

  14. User Warranties

    User hereby irrevocably releases OneMedical and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User’s Content or any part thereof.

    User affirms, represents, and warrants that (and that User can and will demonstrate to OneMedical’s full satisfaction upon its request): (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize OneMedical to use each and all information, including entries and clinical, social and contact information contained in each such User Submissions and to enable inclusion and use of such User Submissions in the manner contemplated by the Service and this Agreement; (ii) User has the written consent, release, and/or permission of each and every identifiable individual person in the User Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site, the Service and this Agreement; and (iii) the posting/publishing of User Submissions on or through the Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. User agrees to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by User to or through the Service. User warrants and agrees not to: (i) publish falsehoods or misrepresentations that could cause injury, loss or damage to OneMedical or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; (iv) impersonate another person; or (v) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant OneMedical all of the license rights granted herein. OneMedical reserves the right to decide whether a User’s Submission is inappropriate or violates this Agreement, OneMedical reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by User, or to restrict, suspend or terminate User’s access to all or any part of the Site or the Service at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, OneMedical assumes no responsibility for monitoring the Service for inappropriate content, or modifying or removing such content from the Service.

  15. Training and Compliance

    If you are a HCP, you agree to train all employees on the use of the OneMedical Service, HIPAA, and/or health privacy obligations applicable to the jurisdictions you serve, and the requirements of these Terms and Conditions and ensure that they comply with such requirements.

  16. Breach Notification Policy

    You shall be responsible for the legal consequences for failing to abide to OneMedical’s Breach Notification Policy and you shall hold OneMedical free from any liability arising from such failure to provide notification following the breach of unsecured protected health information.

  17. Access Rights

    OneMedical reserves the right to terminate the use or suspend any account at its reasonable discretion.

  18. Data Retention

    You are responsible for complying with all state and federal laws related to retention of medical data and records, patient access and amendment to information, and patient authorization to release data.

  19. Communications

    OneMedical may communicate with you by email or by posting notice on the OneMedical Service. You may request that we provide notice of security breaches in writing. You agree to receive emails from us at the email address you provided to us for informational and customer service-related purposes.

    By using the Service or providing Content to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the OneMedical Service. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the OneMedical Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at team@onemedical.ng.

  20. Resolving Disputes

    Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against OneMedical, you agree to try to resolve the dispute informally by contacting dispute@onemedical.ng. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or OneMedical may initiate a binding arbitration proceeding. Any dispute or claim that arises out of or in connection with this Agreement including a dispute related to its existence, validity, or termination of this Agreement or the consequences of its nullity or any non-contractual disputes or claims shall be referred to and finally settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act Cap. A18, Laws of the Federation of Nigeria, 2004. The total number of arbitrators shall be three (one appointed by each of the parties and the third appointed by the first two arbitrators). In the event that either of the Parties fails or refuses to appoint an arbitrator within a period of 20 (twenty) Business Days after the appointment of an arbitrator by the other Party, the second arbitrator shall be appointed by the President of the Chartered Institute of Arbitrators UK, Nigeria branch. In the event that the 2 (two) arbitrators are unable to agree on the appointment of the third arbitrator, the third arbitrator shall be appointed by the President of the Chartered Institute of Arbitrators UK, Nigeria branch. The seat of arbitration shall be Lagos, Nigeria, all hearings shall take place in Lagos, Nigeria and the language of arbitration shall be English.

  21. Governing Law

    This Agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.. Notwithstanding the foregoing sentence, (but without limiting either party’s right to seek injunctive or other equitable relief immediately, at any time, in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be settled by binding arbitration pursuant to “Resolving Disputes” section, above. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind OneMedical in any respect whatsoever.

  22. Entire Agreement

    This Agreement constitute the entire agreement between you and OneMedical with respect to the subject matter of this Agreement, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Agreement. This Agreement creates no third party beneficiary rights.

  23. MISCELLANEOUS

    If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. OneMedical’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. OneMedical will not be responsible for failures to fulfill any obligations due to causes beyond its control.

    You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. No OneMedical employee or agent has the authority to vary this Agreement.

    OneMedical reserves the right to take steps OneMedical believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that OneMedical has the right, without liability to you, to disclose any Account information to law enforcement authorities, government officials, and/or a third party, as OneMedical believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to OneMedical's right to cooperate with any legal process relating to your use of the OneMedical Service and/or OneMedical Products, and/or a third-party claim that your use of the OneMedical Service and/or OneMedical Products is unlawful and/or infringes such third party's rights).

  24. ONEMEDICAL PRIVACY POLICY

    We know that you care about how your personal information is used and shared, and we take your privacy seriously. The purpose of this policy is to let you know how we handle the information collected through the use of this website. As used in this policy, terms such as "we" or "our" and "OneMedical" have the same meaning as in the Terms of Use, which should be read together with this Privacy Policy. We encourage You to read this Policy carefully.

    1. Background

      OneMedical provides its services to health service providers, and when we process “protected health information” on behalf of such health service providers, we are acting as a “business associate” to them. Therefore, OneMedical has adopted and maintains appropriate physical, technical, administrative, and organizational procedures to safeguard and secure the protected health information we process. We shall not access, use, or disclose the protected health information except as permitted by health service provider clients, you, and/or applicable law. OneMedical strives to protect the privacy of the Personal Information it processes, and to avoid inadvertent disclosure. Note: “Protected health information” or “PHI” is information about you, including information that can reasonably be used to identify you and that relates to your past, present or future physical or mental health or condition, the provision of health care to you and/or the payment for that care.

    2. Binding Agreement

      This Privacy Policy (“Policy”) is effective from 8/15/15. By continuing to use the OneMedical website or API (collectively, the "Service") you acknowledge that you accept the terms, conditions and practices (including Terms of Use) outlined in this Privacy Policy. OneMedical reserves the right to amend this Privacy Policy from time to time. Use of information we collect now or at any point of time is subject to the Privacy Policy then effective at the time. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our website, or via the Service, or sending you an email. Users are bound by any changes to the Privacy Policy. By visiting the Website, you agree to the collection, transmission, use, disclosure and storage of your Personal Information on our servers located outside your resident jurisdiction.

    3. What does this Privacy Policy cover?

      This Policy covers OneMedical’s treatment of personally identifiable information ("PII” or “personal information") that OneMedical gathers when you access/use the Service. For purposes of this Privacy Statement, personally identifiable information (PII) is any information that can be used to identify, contact, or locate an individual, either alone or combined with other easily accessible sources. It includes information that is linked or linkable to an individual, such as medical, educational, financial and employment information.

    4. What personal information does OneMedical collect?

      OneMedical collects information you voluntarily submit to the Service, such as, the information we collect when you register or sign up for an account - like your name, protected health information, social and contact information. As noted in our Terms of Use, the Service allows users to post and organize information, including text, graphics, images, web links, files, video and other information and content. Information you elect to submit to OneMedical – or any other public or quasi-public part of the Service (such as a chat forum) - may be anonymized, de-identified and disclosed to other users of the Service or the general public ("User Submissions"). In addition, we may automatically receive and store access related information whenever you interact with the Service. Such information may include the user's IP address, domain server, and type of Internet browser. This information is anonymous and contains no personally identifiable data.

    5. How does OneMedical collect the information?

      We may collect information, including personal information, about you:

      • When you use the Service;

      • From your health service provider;

      • Using Cookies and other technologies;

      • From third parties when you or your health service provider directs us to gather information from them; and

      • When you communicate with us.

    6. Cookies and other technologies

      We use technologies like cookies and pixel tags to provide, improve, protect and promote our Services. For example, cookies help us with activities like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information. You may, however, disable the Cookies from your browser. This may limit your ability to use the Services.

    7. How does OneMedical use personal information?

      OneMedical uses your personal information to provide the Services to you, and then to also improve the Nigerian healthcare system by sharing information with appropriate agencies and third parties. The majority of this work will be in partnership with the public sector, including the Ministry of Health, as well as various NGO’s, Universities and Health Management Organizations (HMO’s). This information will be applied to enabling more accurate treatment, monitoring health trends, improving resource allocation, enabling various healthcare operations, and improving research capabilities. Occasionally we may also use this information in developing our services, settling disputes and other related activities. Any information that is used for any of the above purposes will be completely anonymized and de-identified as to have no connection to any individual.

    8. Information Security

      We protect your personal information using industry-standard safeguards. We use tools like passwords, access levels, encryption of data and also take precautions in terms of physical, electronic and managerial procedures to prevent unauthorized access to Personally Identifiable Information.

      However, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.

      If OneMedical learns of a security system’s breach, OneMedical maintains an incident response policy that includes notifications consistent with applicable law.

      By using the OneMedical Service or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this website.

    9. CONTACT
      If you have any queries about this Privacy Policy or any of its provisions, please feel free to contact us by sending an email to team@onemedical.ng.