END USER AGREEMENT FOR ONLINE THERAPY OF AMANI HEALTH LTD/GTE
PREAMBLE:
The User of this Platform agrees before the commencement of use, that he/she having read the below Terms of Use, agrees wholly and completely to the Terms of Use and the creating of User name and Sign in are actual acts of absolute acceptance of the Terms and shall be bound by same at all period of the usage and thereafter.
TERMS OF USE:
These "Terms" or "Terms and Conditions or Terms of Usage") are applicable only to the persons requiring Therapy Services on this Platform (hereafter referred to as User) and none other.
AMANI HEALTH may at any time and for any reason, or for no reason at all, with or without prior notice, modify, suspend, disrupt or discontinue (i) the Platform, (ii) any part of the Platform, or (iii) the use of or access to the Platform, whether to all users or to a particular User. Further, AMANI HEALTH LTD/GTE is entitled, but is not obligated to, refuse to provide access to the Platform to any person, agency or organization at any time, for any reason or for no reason at all, in its sole discretion. AMANI HEALTH LTD/GTE reserves the right to without prior notice change, suspend, or discontinue all or part of the Platform, temporarily or permanently. AMANI HEALTH LTD/GTE will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
This Platform is used by the express and conscious acceptance of the Express and Implied Terms contained here and the Terms existing between this Provider, The Web Host and The Therapists.
The User confirms that he /she has read, fully understood, and agrees willingly to be bound by the contents of this Terms and Conditions before the use of this Platform.
This Platform is open to adults and to minors only when accompanied by Guardians who must be adults in accordance with the Laws of Nigeria.
This Platform shall not be used as a substitute for medical emergencies or alternatives.
The Platform shall not be used for unlawful purposes neither shall it be used as a channel for communications of unlawful, immoral, or life-threatening information.
The Users are allowed the use of this platform for interfacing with professional Therapists in regulated areas of Counselling and not more.
The user confirms that all information shared on this Platform in every form, manner or contents were willingly divulged to either AMANI HEALTH, The Therapist or the Web Host on the understanding that same will be used only for the lawful purpose it is meant to be used.
The user agrees that the Laws of the Federal Republic of Nigeria is applicable to the usage of this Platform, irrespective of where the User is located or shall be located during the period of use and access to this Platform.
The User is at liberty to engage or disengage any Therapist on the Platform subject to payment of the fees for the period of engagement.
Besides classified information at the instance of the User, all other information about the usage by the User is available on the Webpage and Mobile App of the AMANI HEALTH LTD/GTE.
This Platform is used "as is" without any imposed, assumed, express or implied warranties of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy.
AMANI HEALTH LTD/GTE does not provide Data Protection and as such shall not be held responsible for any breach or leakage of data or cyber attacks on the Platform by the User.
To the fullest extent permissible pursuant to applicable law, AMANI HEALTH LTD/GTE expressly disclaim all warranties of any kind, whether expressed or implied.
AMANI HEALTH LTD/GTE will make commercially reasonable efforts to ensure the Platform’s reliability and accessibility. However, no platform can be 100% reliable and accessible and AMANI HEALTH LTD/GTE does not warrant that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times, or that any eventual defects will be corrected.
AMANI HEALTH LTD/GTE has created an accredited network and hires advanced data science available to offer the best digital tools to use the Platform. In view of the foregoing, you are always advised to exercise a high level of care and caution in the use of the Platform as you would making any mental health or medical decision.
The Platform can contain other content, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements related to Third Party Content. AMANI HEALTH LTD/GTE is not liable (or responsible) for the creation of any such Third-Party Content, including but not limited to any related products, practices, terms or policies. Further, AMANI HEALTH LTD/GTE will not be liable for any damage or loss caused by any Third-Party Content.
User is solely and fully responsible for any damage to the Platform or any computer system, any loss of data, or any improper use or disclosure of information on the service caused by you or any person using your username or password. AMANI HEALTH LTD/GTE cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet, or for your misuse of any protected health information, advice, ideas, information, instructions, or guidelines accessed through the Platform.
To use the Platform, User must sign up and establish an individual user account, which includes providing specific information. When establishing User account, User must also provide personal contact information as well as a close family member’s or friend’s contact information (“Emergency Contact”), which the THERAPIST shall use in case of a mental health crisis or other emergencies where knowledge of User location is necessary.
User undertakes not to dispense fake or false information or create more than one account, or an account for anyone other than that of the User without prior permission from such other person. Further, User undertake not to use the account of any other person for any reason.
AMANI HEALTH LTD/GTE does not employ the THERAPIST matched through the Platform. The THERAPIST, and any individuals retained by the THERAPISTto use the Platform, are independent parties in relation to AMANI HEALTH LTD/GTE and no employment relationship for such individuals shall arise between the individual and the Company. AMANI HEALTH LTD/GTE has created a digital health network with nationwide and worldwide digital trained and accredited THERAPIST.
AMANI HEALTH LTD/GTE cooperates with independent, licensed, or certified/accredited (depending on their location), insured and vetted professional THERAPIST. AMANI HEALTH LTD/GTE requires all THERAPIST providing THERAPIST Services to be licensed or certified/accredited professionals in good standing in the relevant field of expertise abiding by all relevant laws, rules, and regulations.
User relationship with the THERAPIST is solely, and strictly, with the THERAPIST. AMANI HEALTH LTD/GTE shall not be involved in the THERAPIST-patient relationship. Further, AMANI HEALTH LTD/GTE does not interfere, validate, or control the THERAPIST treatment unless advocating on behalf of User when following up on a specific complaint.
Regardless of any payments made, AMANI HEALTH LTD/GTE shall not be considered as User direct provider of therapy services. Solely the THERAPISTshall be considered as such provider.
All content available on or through the Platform shall be the property of AMANI HEALTH LTD/GTE or its licensors and shall be protected by copyright, trademark, patent, trade secret and other intellectual property law.
User will indemnify, defend, and hold AMANI HEALTH LTD/GTE harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following:
access to or use of the Platform.
use of the THERAPIST Services.
any actions made with User account whether by User or by someone else;
User violation of any of the provisions of this Agreement;
non-payment for any of the services (including THERAPIST Services) which were provided through the Platform.
User violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
Users may reschedule a session by providing notice at least 1 hour before the original session’s start time. Rescheduling requests made less than 1 hour to the session will not be accommodated.
Users can cancel a scheduled session without penalty by providing notice at least 12 hours before the session’s start time. Cancellations made less than 12 hours before the session will not be eligible for a refund.
In the event of any problem with the Platform or any of its content, User sole remedy shall be to cease using the Platform. Under no circumstances shall the Company, any of the Company’s licensor or supplier, or any third party who promotes the Platform or provides User with a link to the Platform, be liable in any way to User’s use of the Platform or any of its content, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content.
Under no circumstances shall the Company, its licensors or suppliers of non-medical/ mental healthcare services or any third party who promotes the Platform or provides User with a link to the Platform, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, but not limited to, personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the Platform, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if AMANI HEALTH LTD/GTE or any third party have been advised of the possibility of such damages.
AMANI HEALTH LTD/GTE shall not be liable to User or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages
User shall release and hold AMANI HEALTH LTD/GTE harmless for all causes of actions and claims resulting from the THERAPIST Services or the Platform, such as but not limited to acts, omissions, opinions, responses, advice, suggestions, information and or service of any THERAPIST and/or any other content or information accessible through the Platform.
If applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable Laws.
AMANI HEALTH LTD/GTE may notify or in other ways communicate with User regarding the Terms and Conditions or any aspects of the Platform, by posting it online or by e-mail or regular mail to the address provided by User when creating User account. The date of receipt shall be the date on which such notice is given. Notices sent to AMANI HEALTH LTD/GTE must be sent by email to contactus@amanihealth.app
All de-identified data, meta-data and research data collected by AMANI HEALTH LTD/GTE through your use of the Platform shall remain the sole property of the Company. AMANI HEALTH LTD/GTE may share some or all the research data with third parties in connection with joint or outside research, analytics, or similar purposes. Research data is non-identifiable aggregated as a statistical measure, however, not in a manner that would identify User personally. User shall not request that AMANI HEALTH LTD/GTE remove or delete any of such data.
AMANI HEALTH LTD/GTE is obligated to store personal data as required by law, typically for no less than seven (7) years and may not delete personal data containing medical data even upon User direct request.
An omission by AMANI HEALTH LTD/GTE or User to exercise its rights and remedies under the Terms and Conditions on any occasion shall not constitute a waiver of such rights and remedies on other occasions.
These Terms and Conditions represents the entire understanding and constitutes the whole agreement between you and the Company.
All clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of these Terms and Conditions.
AMANI HEALTH LTD/GTE shall be entitled to change the Terms and Conditions by posting modifications on the website www.amanihealth.app. Therefore, you are encouraged to check the terms of the Terms and Conditions frequently. The last update date of this Agreement is posted at the top of the Terms. Unless otherwise specified, all modifications shall be effective upon posting. By using the Platform after the changes have become effective, the User agrees to be bound by such changes. Should the User not agree to the changes, the User must terminate access to the Platform and participation to THERAPIST Services.
If any provision of the Terms and Conditions is held to be illegal, invalid, or unenforceable, in whole or in part, such provision or part thereof shall to that extent be deemed not to form a part of the Terms and Conditions. The validity and enforceability of the remainder of the Terms and Conditions shall, however, not be affected, provided that the remaining terms are reasonably adjusted to redress any imbalance caused by the unenforceability or invalidity of the original provision
