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Terms of Use

 


 

TERMS OF USE

 


This web site (the "Site") is owned and operated by SURJEN LTD. By using the Site, you, the user agrees to the following terms and conditions (the "Terms and Conditions"). If you do not agree to all of the Terms and Conditions, please discontinue your use of the Site immediately.

SURJEN may change the content of the Site, including all text, data, information, recordings, graphics, images, icons and any other content (collectively, the "Content") at any time without notice. These Terms and Conditions may be revised by SURJEN at any time without notice. Please review the Terms and Conditions regularly as your continued use of the Site will constitute your agreement to any changes. You will find the date of the last revision of the Terms and Conditions at the top of the page.


PART A: GENERAL TERMS


1. THIS SITE DOES NOT PROVIDE PROFESSIONAL MEDICAL ADVICE


The Content of this Site is provided for general information purposes only. The Content is not intended to replace consultations with a health care professional or to provide medical advice, diagnosis or treatment. Always seek the advice of a physician or other qualified health care provider with any medical or health questions. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.


2. PROPRIETARY RIGHT AND GRANT OF LIMITED LICENSE


This Site and the Content are protected by copyright, trade-mark and other proprietary rights of SURJEN or third parties. Except as expressly permitted in these Terms and Conditions, no portion of the Site or the Content, including without limitation trade-marks, trade names and logos, may be reproduced in any form, or by any means, without prior written permission from Surjen or the applicable third party. Any unauthorized downloading, redistribution, retransmission, copying, modification or commercial use of the Content may be a violation of federal or other law and could result in legal action.

Subject to the preceding paragraph, SURJEN grants to you a limited license to display, print and use the Content of this Site solely for your personal, non-commercial use. Such license is revocable by SURJEN at any time at the sole discretion of SURJEN. In consideration of this limited license, you shall ensure that all copyright, trade-mark and other proprietary notices are retained on any copy of the Site materials in the same form and manner as on the original.


3. CURRENCY AND ACCURACY OF INFORMATION


SURJEN has used reasonable efforts to ensure the information provided on this Site is accurate when posted. However, SURJEN does not make any representation or warranty of any kind as to the quality, accuracy, currency or completeness of the Content on this Site. The views or opinions expressed in the Content on this Site do not necessarily reflect those views or opinions of SURJEN. SURJEN does not endorse or recommend any products, services, techniques or procedures mentioned on this Site.


4. DISCLAIMER OF WARRANTY


THIS SITE, INCLUDING THE CONTENT, IS PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.


5. LIMITATION OF LIABILITY


In no event shall SURJEN, its officers, employees or agents or any supplier of Content mentioned on this Site be liable for any losses, damages, claims or expenses whatsoever including, without limitation, direct, indirect, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, resulting from the use, misuse or inability to use this Site or the Content, whether based on warranty, contract, tort or other legal theory, and whether or not SURJEN is advised of the possibility of such damages.


6. NON-CONFIDENTIALITY


Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Information provided to SURJEN by virtue of this Site will be received by SURJEN on a non-confidential basis. We recommend the use of appropriate security, antivirus and other protective software.

SURJEN assumes no liability for the delay, failure, interruption or corruption of any data transmitted in connection with this Site and does not warrant that the Site is free of infection, viruses, worms, Trojan horses or codes that manifest contaminating or destructive properties.


7. LINKS


This Site may contain links to websites and servers maintained by third parties over whom SURJEN has no control. These links have been provided solely as a convenience for users of this Site and do not constitute an endorsement by SURJEN of the content of such third-party sites. SURJEN makes no representations regarding the content or accuracy of materials on such third-party websites.


8. JURISDICTION


This Site is administered by SURJEN, which is located in Abuja, Nigeria. Any matter arising out of the use of this Site shall be governed by the federal laws of Nigeria applicable therein, without reference to its conflict of laws principles. You agree to submit to the non-exclusive jurisdiction of the courts of Nigeria to determine any action or proceeding arising out of or in connection with this Site.


9. SUBMISSIONS


All information submitted to SURJEN via the Site shall be deemed and remain the property of SURJEN and SURJEN shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to SURJEN.

You agree that any information submitted to SURJEN does not infringe the intellectual property rights, including copyright, trade-mark, trade secret or patent rights, of any third party and you grant SURJEN the right to provide access to the information on the Site.


PART B: SERVICE SPECIFIC TERMS


Terms for use of the Online Doctor Consultancy Services:


Users can book appointment with a qualified medical practitioner registered with Medical and Dental Council of Nigeria available on Surjen Platform and discuss their health-related issues, opinion on the diagnostic reports, obtain e-prescription for their medical needs and avail other healthcare services. Online Consultation can be provided by call, email or otherwise in other media that Surjen may at its sole discretion provide the options to the User based on the availability of the Physicians. 


  1. Surjen is an online health platform that provides a variety of online and online-linked health products and services to the Users for health related information and resources. Whenever We use the words "Your physician" or "Your doctor" or "healthcare provider" or similar words on the Website, including in these Terms of Use, We mean Your personal doctor with whom You have an actual, mutually acknowledged, doctor-patient relationship. Surjen’s Medical Experts are not "Your" physician or healthcare provider.
  2. NO DOCTOR-PATIENT RELATIONSHIP: Surjen does not replace Your relationship with physician or healthcare provider. The information interpreted SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from Your physician or other qualified healthcare provider.
  3. You acknowledge that the Medical Experts empanelled with Us are independent contractors and thereby Surjen has an independent contractor relationship with such Medical Experts and therefore in no event Surjen will be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the Medical Experts may provide to You or You may avail as part of the Services.
  4. You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to You on the Website (including Information provided in direct response to Your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a doctor/medical professional-patient relationship, but is provided to inform You on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Website should be used for information purposes only.
  5. Surjen is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and We believe that You, in connection with the advice You receive from Your doctor or other professional healthcare provider, are the best decision maker about Your health. We cannot make decisions for you. However, what We can do is help You find good health information and connect with doctors for in-person information. On Surjen You can ask and find informational questions and related educational answers by Medical Experts. The Website is not a place for the practice of medicine, but Medical Experts on the Website can be a resource for reliable, relevant general health information.
  6. Even if Your real life doctor is on Surjen, personal medical advice, treatment or diagnosis are not permitted through the Website, and by using the Website You agree not to solicit these or use any information as if it were personal advice, treatment, or diagnosis. Whenever You want personal medical advice, treatment, or diagnosis, You should contact Your physician or professional healthcare provider and see them in person.
  7. We do not recommend or endorse any specific Medical Expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. In case of any medical emergency, kindly contact Your nearest doctor/hospital or any related helpline.
  8. The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore We strongly discourage any delay in seeking advice from Your doctor on account of something that You may have heard/viewed on the Website. You take full responsibility for ensuring that the information submitted is accurate and Surjen shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness or usability. We, with an intention to provide the best services possible could ask You to share more information as and when needed.
  9. The opinions, statements, answers and tele-consultations (collectively “Consultation”) provided by the Medical Experts through the Website are solely the individual and independent opinions and statements of such Medical Experts and do not reflect the opinions of Surjen, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. Surjen does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or by a licensee of Surjen.
  10. The inclusion of professionals, specialists and/ or Medical Experts on the Website or in any professional directory on the Website does not imply recommendation or endorsement of such specialists and/ or Medical Experts nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any specialists and/ or Medical Experts contained therein. Such information is provided on an ‘as-is’ basis and 1mg disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
  11. Surjen (the owners and the employee staff of Surjen), Medical Experts and third-party professionals who offer the Services through the Website accept no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Website.
  12. Surjen makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by Surjen employees. Surjen is not responsible for transmission errors, corruption of data.
  13. 1mg is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Website for personal, but not for commercial, purposes.
  14. The Website may not be used for illegal purposes. The Information and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Website, the Information, or Services. You may not use any automated means (such as a scraper) to access the Website, the Information, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Surjen profile/ account. Any attempt by any individual or entity to solicit login information of any other user or Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
  15. Your right to use the Services is not transferable.
  16. Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with patients or Medical Experts (as the case may be) contacted or managed through the Website and Surjen shall have no liability or responsibility in this regard. 1mg does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the Information or detail provided by such client, patient, User, Medical Experts or any third party through the Website. The Services should not be used for emergency appointment purposes.
  17. Surjen may, at its sole discretion, suspend User’s or Medical Expert’s ability to use or access the Website at any time while Surjen investigates complaints or alleged violations of these Terms of Use, or for any other reason. Surjen has the right to edit profiles of Medical Experts to make them more suitable for patient/ Users searches on the Website.

Re-scheduling, Cancellation and Refund Policy for E-Consultation:


In any event if the User is unable to avail the E-Consultation Services from the Doctor if the User wishes to cancel the appointment, User shall be entitled to do so by choosing the respective option on the Surjen Platform. If User does not avail the Services or cancels the E-Consultation, the Services Fees will be refunded to the User as per the Refund Policy in the same manner of payment in which the User has paid the Service Fees. However, if the User is not available for the consultation at due time or cancels the appointment one hour before the scheduled time, the User will not be entitled for any refund. Any issues with regard to payments made, refunds claimed or otherwise error in the transactions shall be reported to Surjen at the customer care specified on the Surjen Platform.


Service Fee


Provision of E-Consultation Services shall be subject to payment of service fees as may be specified on the Surjen Platform. The Service fee may vary as per the fees charged by the respective Doctors. 


Disclaimer


The User understands and agrees Surjen is a technology service provider and acts as an intermediary to connect Users with the Doctors available on the Platform. All the services are provided to the User directly by the Doctor. Surjenshall not be responsible in any manner for any health issues, consultation, validation, unsatisfactory services etc. availed by the User. Further, notwithstanding anything contained herein, Surjen shall not be liable for:


TERMS OF USE PRACTITIONERS

The terms in this Clause are applicable only to Practitioners.


Surjen, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Surjen reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the patients and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Surjen immediately to enable Surjen to make the necessary amendments.

Surjen shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines

Surjen shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Surjen, where the User has expressly or implicitly consented to the making of disclosures or publications by Surjen. If the User had revoked such consent under the terms of the Privacy Policy, then Surjen shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Surjen prior to its actual receipt of such revocation.

Surjen reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Surjen shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.

You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Practo accepts no liability for the same.


PAYMENT TERMS


The fees for Practitioner’s services are displayed on the Website. Surjen will pay Practitioners by Direct Bank transfer and Cheque (applies only in some Countries) within 4 working days after the Practitioner submits a payment request on the Dashboard.

The Practitioner makes a payment request using their Timesheet Submission menu on the Dashboard. The Finance team reviews the payment request and processes the payment within 3 days.

The Practitioner must ensure to add the bank account details to his/her profile if the Practitioner wishes to receive payments directly into his/her bank account. It is the Practitioner’s responsibility to ensure that the information provided is accurate to avoid delay.

In consideration of the Practitioner been listed on this Website, Surjen is entitled to 20% of the service fee on each consultation, exclusive of Service Taxes as applicable.

 


GENERAL


These Terms and Conditions represent the entire agreement between every user and SURJEN regarding use of the Site and its Content. In the event a court of competent jurisdiction finds any provision of the Terms and Conditions to be unenforceable, the remainder of the provisions shall be unaffected and continue in full force and effect. The failure of SURJEN to enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any such provision or right.

You agree that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. If you violate any of the Terms and Conditions, your limited license to use the Content will automatically terminate. You must immediately cease your use of the Site and destroy any copies of the Content or any portion thereof.


INTERNATIONAL USE OF WEBSITE


The Website operates and can be accessed in many regions of the world. If you use our Services from outside Nigeria, the prevailing law within that jurisdiction would apply to your use of the Services. Please contact us at info@surjen.com to check whether a practitioner consultation services are available your country prior to your use of the Services.

 

Surjen makes no representation that the Website and its Services is appropriate or available for use in certain locations, and accessing the Service is prohibited from territories where such Services are illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local applicable laws and regulations.


More Information


For questions about the Site or Content, or for permissions regarding proprietary rights, please contact us using our contact form.