MMB Homecare Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE (INCLUDING, THE LIMITATIONS OF LIABILITY AND CHOICE OF LAW AND JURISDICTION SECTIONS)

Please note that the MMB HomeCare service is an entirely separate service and using it is subject to specific terms of use and a separate privacy policy which may be found at link to Privacy Policy.

Website Operator

This Website and its app version on IOS, Android and any other platforms are run by MyMedicalBank aka MMB (referred to below as “we”, “us” or “our”).

MMB HomeCare is a brand name of MyMedicalBank Ngr Ltd, a company registered in Nigeria (RC 1367110) with registered offices at Plot 19B, Crospil Estate, Anansa Road, Calabar, Cross River State.

Application of Terms of Use

Thereafter, references to our “Website” in this document include our MMB HomeCare app on IOS, Android and any other platform.

These “Terms of Use” (together with the documents referred to in them) tell you the terms of use on which you may make use of our website www.mmbhomecare.com (the “Website”) whether as a guest or registered user.

Thereafter in this document, Use of our Website includes accessing, browsing, searching, using our forums, use of any service which we may provide or registering to use the Website.

Please read these Terms of Use carefully (including the “Limitations of Liability” and “Choice of Law and Jurisdiction” sections below) before you start to use our Website, as these will apply to your use of our Website.

We may update these Terms of Use from time to time, including, to reflect changes in law or as a result of changes to the content of the Website or the addition of new features – it is therefore important that you refer to these Terms of Use from time to time to ensure that you are familiar with the relevant terms which will govern your use of the Website. This version of the Terms of Use is effective from 12 June 2018.

By using our Website, you confirm that you accept these Terms of Use and that you agree to comply with them.

If you do not agree to these Terms of Use, you must not use our Website.

These Terms of Use incorporate the following additional terms, which also apply to your use of our Website:

  • Our Privacy Policy (link to privacy policy), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate

 

Subject to any specific terms identified in respect of a particular feature or part of our Website, these Terms of Use (including, our Privacy Policy) constitute the entire agreement between you and us with respect to your use of the Website.

Accessing the Website

We do not guarantee that our Website, or any content on it, will always be available or that access to it will be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website (or any part, feature of or service under the Website) is removed or is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to access our Website (including, having access to an internet connection and an appropriate browser).

You are also responsible for ensuring that everyone who accesses our Website through your internet connection is aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Prohibited Uses

You may use our Website only for lawful purposes. You may not use our Website:

  • In any way that breaches these Terms of Use or any applicable law or regulation.
  • In any way that is unlawful or fraudulent, or which has any unlawful or fraudulent purpose or effect.
  • To send, knowingly receive, upload, download, use or re-use any material for any commercial purpose or in a manner which does not comply with our content standards (as set out below).
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar request (commonly known as ‘spam’).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Disclaimers

The Website contains content generated by us (or on our behalf by medical authors). The content we provide via the Website is provided for general information purposes only. It is not set up to provide specific advice on which you should rely. In particular, the Website (and the information which may be accessed through it) is not a substitute for professional medical care by a qualified doctor or other healthcare professional. If you are not a healthcare professional then you should ALWAYS check with your doctor if you have any concerns about your condition or treatment and before taking, or not taking, any action on the basis of the content on our Website. If you are a healthcare professional then this information (including any professional reference material) is intended to support, not replace, your own knowledge, experience and judgement. For the avoidance of doubt, the “Messages” functionalities are a distinct part of the Website and the posts and information contained within whilst being exclusive and confidential interactions between a Healthcare professional and Healthcare consumer that we are unable to access, such conversations are still required to be maintained by both parties for health-related discussions only.

Where authored links are used on the site by us at all, these will be professionally authored links from reputable institutions and societies and the content contained within can be a valuable source of information. However, not all medical resources on the internet are authoritative or current. Any decision about your health or medical care based solely on information obtained from the internet could be dangerous. Whilst we hope that you will find the third party sites in respect of which we provide links to be of interest, we can accept no responsibility in respect of any third party web sites or any information contained therein.

The information contained in the Website (including, the Messages functionality) may contain technical inaccuracies or typographical errors. We reserve the right to make changes and improvements to any information contained within the Website, at any time and without notice. Technical inaccuracies or typographical errors in the Conversations between a Carer and a Patient are not our responsibility and should be addressed where necessary by both parties.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied that the content on our Website is accurate, complete or up-to-date. We also do not warrant or represent that the information or materials available through the Website will meet your particular requirements or needs or that access to, or use of, the same will be uninterrupted or completely secure.

All professionally authored links contained in Website pages should be correct at time of submission. However, we cannot be held responsible for any issues caused by subsequent changes or any failure of such links to lead to the intended information.

We do not endorse any specific Carer (healthcare professional or healthcare provider), products, processes, service providers, diets, or other information that may be mentioned on our Website (including, those promoted by any advertisers or advertising sponsors).

Intellectual Property Rights

We are the owner (or the licensee) of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may download and/or print off one copy of extracts of any page(s) from our Website for your personal use and you may (in a non-commercial context) draw the attention of others to content posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not further use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the author(s) of content on our Website must always be acknowledged.

You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us (or our licensors as appropriate).

If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website (and any related materials) will cease immediately and you must, at our choice, return or destroy any copies of the materials you have made (and these Terms of Use shall continue to apply in respect of any such materials).

Website - registering and engaging other users

Registering for an Account

If you choose to register for an account with our Website then if you select, or you are given, a user identification code, password or any other piece of information as part of our registration or security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time (and so remove your ability to Engage a Carer or Patient as applicable) at our discretion, including, without limitation, in circumstances where, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly reset your password to something which only you know.

Please see our Privacy Policy for more information regarding use of personal data relating to you.

You must only use the Website for lawful purposes and you must not infringe the rights of other users of this site or prevent their enjoyment of it.

If you are under the age of 18 then unfortunately you are unable to register for an account with our Website. If you are over the age of 16 but under 18 you need to get permission from a parent or guardian before providing us with any personal details. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use any interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Use of the Website for Engaging a Care or Patient in Conversations

Whenever you use or visit our Website you must comply with the following standards. These standards apply to each part of any conversation you engage a user with through the website and whether you do, or so not, comply will be determined by us in our sole discretion.

Conversations must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in Nigeria (and in any country from which they are posted).
  • Be constructive and polite, not mean-spirited or contributed with the intention of causing trouble or ‘trolling’.

Conversations must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Contain any sexually explicit material.
  • Promote or incite any violence.
  • Promote or incite any discrimination (including, that which is based on race, sex, religion, nationality, disability, sexual orientation or age).
  • Infringe any copyright, database right or trade mark or any other proprietary rights of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. In particular, you may not register more than one account or create any alternative accounts.
  • Give the impression that they come from us, if this is not the case.
  • Given the impression that they come from a healthcare professional, if that is not the case.
  • Encourage any act or activity that in our opinion could be harmful to the health or wellbeing of another user or which raises any clinical safety concerns.
  • Advocate, promote or assist any unlawful act (such as, for example, the use of any illegal drugs or substance, copyright infringement or computer misuse).
  • Be the same as, or substantially similar to, comments which you have made in other threads or areas of the forum (including, for the purposes of promoting a particular message or agenda), i.e. no “spamming” of any discussions.
  • Include any advertising or be made for any commercial purpose.



When using the Website (including the Messages functionality):

  • you may link to specific URLs (web site addresses) in your contributions where these provide relevant and appropriate background reading or information. However, you must not link to advertising or sites that might cause offence to other users of the Website. Please note that any post containing a URL may be subject to review and moderation;
  • you must not use it in manner which (in our view) is intended to promote or advertise another website, product or service (including, by inviting other users to send messages directly to you). If you wish to advertise your product or service via the Website (or otherwise) then please contact us in the first instance using the contact details set out below; and
  • you must not use it for any purpose which is in violation (or which is, or is likely to, cause us to be in violation) of any applicable laws or regulations.



For your safety we advise that you never reveal any personal information about yourself or anyone else on the Messages functionality (for example: telephone number, home address or email address) until you are satisfied you wish to engage the Carer or Patient further in actual visit, and please do not include postal addresses of any kind.

If you have any concerns regarding a post or comment on our forum then please send an email to [email protected] to help bring it to our attention.

 

 

 

 

Suspension and termination of MMB HomeCare access

We will determine, in our discretion, whether there has been a breach of our Terms of Use through your use of our Website. When a breach of these terms has (in our view) occurred, then we may take such action as we deem appropriate, which may include our taking any or all of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Website
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website.

Issuing a warning to you.

  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are examples, and we may take such other actions as we may reasonably deem appropriate.

Third Party Links and Resources in our Website

The Website may contain links to other websites and resources operated by third parties. These links are provided for reference and information purposes only. We do not control such websites or resources and are not responsible for their availability or content.

Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. We have no control over the contents of those sites or resources.

Research Panels

From time to time there may be an opportunity to get involved with various research panels (which may be generally available to anyone using the Website or which may be offered to you directly based on your indicated areas of interest).

If you are invited to take part in a research panel (and if you choose to do so) then you may be asked to respond to various questions and/or submit various pieces of information depending on the nature of the relevant research project. The precise details of each research opportunity will vary and you will be provided with the relevant information and any additional or project specific terms at the relevant time.

Linking to our Website

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website must not be framed on any other site.

We reserve the right to withdraw or limit this linking permission without notice.

If you wish to make any use of content on our Website other than that set out above, please contact by sending an email to [email protected].

 

LIMITATIONS OF LIABILITY

Please read this section carefully as it sets out the limits of our liability to you in relation to your use of the Website.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or for our fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by Nigerian law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied. The Website is provided on an ‘as is’ basis.

Please note that we only provide our Website for domestic and private use. You agree to use our site for any commercial or business purposes but we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

We use our reasonable efforts to check the accuracy of the professional information published on our Website. You should, however, note that we do not warrant that such information will be error free and you acknowledge that the information, products, and services published on this Website may include inaccuracies or typographical errors. Changes are periodically made to the information set out in our Website.

We (and/or our suppliers) make no representations about the suitability of the information, products, and services contained on this Website for any purpose.

Subject to the first paragraph under this section (Limitations of Liability), in no event shall we (or any of our suppliers or licensors) be liable to you (or to any other user) for any indirect, incidental, special, or consequential loss or damage, whether arising in contract, tort (including negligence or breach of statutory duty), or otherwise, even if we, or any of our suppliers, have been advised of the possibility of such damages, arising under or in connection with:

use of, or inability to use, our Website;

use of or reliance on any content displayed on our Website (regardless of the origins of such content); or

any information, products, and services obtained through this Website, or otherwise arising out of the use of this Website.

Subject to the first paragraph under this section (Limitations of Liability), our liability (and that of our suppliers or licensors) for any losses suffered arising out of, or in connection with, your use of this Website, whether in contract, tort (including negligence or breach of statutory duty), or otherwise is limited to the greater of: (i) the total value of the relevant transaction (if any) under which the claim arises for any one event or series of connected events, or (ii) the sum of one hundred thousand naira (=N=1,000).

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.

This section does not affect any legal rights you may have as a consumer.

You acknowledge that we have made the Website available to you in reliance upon these Terms of Use and in particular these Limitations of Liability.

Collection of Personal Data

If you register to use the Website, or any service(s) accessible through the Website, then we may collect personal data from you (including, without limitation, your name, age and a valid email address). This data will be securely held in accordance with the terms of our Privacy Policy.

 

If any third parties are involved in the delivery or operation of any services that you may choose to receive then this will be detailed in the information and terms provided to you at the relevant time.

Viruses

We do not guarantee that our Website will be secure or free from bugs or viruses and you should use your own, up-to-date, virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Choice of Law and Jurisdiction

Please note that these Terms of Use, and the agreement which exists between us under the Terms of Use, its subject matter and its formation, are governed by Nigerian law. You and we both agree that the courts of Nigeria will have exclusive jurisdiction over any disputes or claims which might arise.

If you are accessing this Website from outside of Nigeria then: (i) we make no representations that the content of this Website will be suitable for your requirements or that it is permissible or legal for you to access the same; and (ii) your use of the Website is entirely at your own risk and you are responsible for ensuring that you act in accordance with any applicable laws.

Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph.



General

We reserve the right to change these Terms of Use (and any other terms, conditions, and notices) under which this Website is offered.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

We reserve the right to freely assign, or otherwise transfer, any of our rights or obligations under these Terms of Use to any third party at our discretion.

Any provision of these Terms of Use that expressly or by implication is intended to come into, or continue in, force on or after termination of your right to use the Website shall remain in full force and effect, including, any licences granted by you in respect of any uploaded content and the provisions of the section titled Limitations of Liability.

We will not be in breach of any of our obligations under these Terms of Use (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in, or from, performing any of our obligations by any event beyond our reasonable control. The time for performance of such obligations shall be extended accordingly.

Subject to any specific terms detailed on the Website in relation to particular features or materials, these Terms of Use (together with the Privacy Policy) set out the entire agreement between you and us in respect of your use of the Website.

No failure or delay by us to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Any rights not expressly granted herein are reserved.

Trade Marks

The MyMedicalBank logo and MMBHomeCare are registered trademarks, belonging to MyMedicalBank Ngr Ltd.

Contact Us

To contact us, email us at [email protected]