Update to These Terms and Conditions

Dokta’s Sites are owned and operated by Dokta. Our Sites are continually under development and changes to our Site or Services may be made at any time. We reserve the right to revise or remove any part of these Terms in our sole discretion at any time and without prior notice to you, except where legally required. Thus, you should visit this page periodically for changes. Any changes to these Terms are effective upon posting to the Sites unless otherwise specified. If you disagree with these Terms, your sole remedy is to discontinue your use of our Site and Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

Health Services & Information

Dokta does not engage in the practice of medicine. We do offer online telemedicine services enabling our Members to report their health history and engage independent healthcare professionals (“Healthcare Professionals”) to obtain medical and healthcare services (“Clinical Services”), as well as provide behavioral health coaching from Coaches (“Coaches”) who do not provide professional or clinical services. For Clinical Services that require the practice of medicine, we work with independent, physician-owned medical groups with a network of Nigeria-based providers (“Providers”), who provide telemedicine services and medical advice via our Site (collectively, “DoktaProfessionals”). Such Providers are not employed by us and are solely responsible for the quality and appropriateness of the care and advice they render to you. Neither we nor DoktaProfessionals are insurance providers. 

Dokta 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 Dokta 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 Healthcare Professional via the Services.

While we work with the DoktaProfessionals for the provision of certain virtual care Services, not all of our Users receive such Services. Dial 112 or 767 if you are in an emergency life-threatening situation or need emergency medical attention. General health information that may be contained on one of our Sites is not a substitute for professional health care.

The personal information we receive or obtain through your use of the Services may be subject to different state and federal privacy laws. 

User Accounts

You are not obligated to register with Dokta to access our Site.   However, to access Services you must register on the Site.  When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password, and certain other information collected by Dokta (collectively “Account Information”). 

To use the Services, you must create an Account and agree to these Terms of Service. To create an Account, you must be of the legal age to enter into a contract (i.e. be 18 years of age).  If you are not legally able to enter into a contract but you are 13 or older, you must get your parent’s permission and ensure that they have read and agreed to these terms. If you are under 18, some Services may not be available to you without parental involvement.  If you are under 18 you will not be able to create an account on the Dokta application.  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 Sites, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (except sub-accounts 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. You also agree to promptly notify us of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to our Site by contacting us using the below contact information. We reserve the right to take any action, as it deems necessary or reasonable, regarding the security of our Site and your Account Information. In addition, you agree to exit from your Secure User account at the end of each session.

In no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of your use of the Sites, 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.

Non-Clinical Services

Dokta provides Services that do not involve direct clinical care. Those Services provided through our Site give physicians and their patients access to additional information that they may or may not choose to utilize in planning medical care. The Non-Clinical Services are not a substitute for primary care and no physician-patient relationship is created by use of our Site for those Services.

Non-clinical Services are also limited. In some cases, the online nature of the Non-Clinical Service will make it difficult to verify a diagnosis (particularly with conditions that rely heavily on direct physician-patient interaction for accurate diagnosis). In those cases, the Non-Clinical Service provided through our Site will focus on the assessment or recommendation of treatment options. The decision to focus on diagnosis, treatment recommendation(s), or both rests solely with the local treating physician.

Non-clinical Services provided through our Site differ from the diagnostic services typically provided by a physician. The medical professionals providing Non-clinical Services through our Site will not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the medical professional providing Non-Clinical Services through our Site may not be aware of facts or information that would affect their opinion of your diagnosis. To reduce the risk to you of this limitation, the Company strongly encourages you to discuss the information gained from the Non-Clinical Services with your treating physician. 

By deciding to engage the Non-clinical Services through the Sites, you acknowledge and agree that you are aware of the limitations discussed in this section, and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) the information you will receive from our Site and use of the Non-clinical Services is limited and provisional; (ii) the Non-clinical Services are not intended to replace a full medical evaluation or a visit with a physician or other treating health care provider; (iii) the medical professionals providing Non-clinical Services through our Site do not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect the medical professional’s ability to fully understand your condition, disease or injury.

You also agree that the Non-clinical Services discussed in this section will not be used in any legal dispute including but not limited to litigation, arbitration, a claim for disability benefits, a claim for worker’s compensation, and/or malpractice claims without the prior written consent of the Company.

Fees & Purchase Terms

Although consultation on our Site is generally free, some Clinical Services, however, incur a fee. You agree to pay all fees or charges to your Account per the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Dokta with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your account for all fees due and payable to us hereunder and that no additional notice or consent is required. If your health plan, employer, or agency has arranged with us to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with us, 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 Services will be reimbursed.

If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. Dokta offers no guarantee that you shall receive any such reimbursement. We reserve the right to modify or implement a new pricing structure at any time before billing you for your initial payment or for future payments due according to these Terms. 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 and your insurer or other pay or 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.

Privacy & Communications

Privacy

Please see Dokta’s Prvacy Policy for additional information.

Short Message Service or SMS

Dokta or its affiliates may contact you by short message service (“SMS”) text message from time to time regarding your account or the Services to provide appointment reminders, service announcements, privacy notices, administrative messages, and other communications about the Services (“SMS Communications”). These SMS Communications are considered part of the Services and your account.

By agreeing to these Terms and providing your telephone number to us or our affiliates, you: (i) consent to receive SMS Communications from or on behalf of us or any of its affiliates at the telephone number you provide; and (ii) acknowledge and agree that your information may be processed under, and you are to be bound by, our Privacy Policy. 

You can stop receiving SMS Communications from us at any time by texting “STOP” to the number from which you receive the SMS Communications. You may also call our general support toll-free line at 08037462283. If you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed from SMS Communications. After this, you will no longer receive SMS Communications from us. You agree that if you request to opt out from future SMS Communications, we may send you a one-time opt-out confirmation SMS text message. After this, you will no longer receive SMS Communications from us. 

Standard carrier message and data rates apply.

Other Communications

You agree that we may send to you additional communications through electronic means including, but not limited to, (1) by email, using the address that you provided to us during registration, (2) push notifications on your tablet or mobile device, or (3) by posting communications on our Site(collectively, “Communications”).  In some cases, we may contact you by telephone.  If you do not wish to be contacted by phone you may call our general support line 0803742283, send an email request to support@doktahealth.com, or submit a request via the application (e.g., using the chat service, or via an open case).

The delivery of any SMS or other communications from us is effective when sent by us, regardless of whether you read the SMS or other Communication. You can withdraw your consent to receive Communications by deactivating your Account, or as otherwise specified and provided. You acknowledge that text messages and emails are not always secure and there is a risk that such messages and emails will be intercepted because they travel over networks that we do not control. As such, we cannot guarantee the security or confidentiality of messages sent by text messages or email. By providing us with your cell phone number and email address, you agree that we may communicate with you by text message and email, despite these risks.

Termination

You may deactivate your Account and end your registration at any time, for any reason by sending an email to support@doktahealth.com. Dokta may suspend or terminate your use of our Site, your Account, and/or registration for any reason at any time. Subject to applicable law, we reserve the right to maintain, delete, or destroy all communications and materials posted or uploaded to our Site under its internal record retention and/or content destruction policies. After such termination, we 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 Healthcare Professionals are required to provide you with continuing care under their applicable legal, ethical, and professional obligations to you.

Children

Dokta’s Site is not intended for children under the age of 13. If you are under 13 years of age, please do not use or access our Site at any time or in any manner. By using our Site, you affirm that you are over the age of 13. We do not seek through our Site to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.

If you are a parent or guardian and discover that your child under the age of 13, or equivalent minimum age depending on the jurisdiction, has obtained a Dokta account, then you may alert us at the contact information below under “Contact Us”, and request that we delete that child’s personal information from our systems. If we learn that we have collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, outside the above circumstances we will take steps to delete the information as soon as possible, except where prohibited by applicable law.

Site Security & Acceptable Use

Security

Dokta’s Site requires users to create unique identifiers (such as a username and password) in order to log into many areas of the Site. We utilize these unique identifiers to verify the user’s identity and eligibility, in order to protect our members from the release of sensitive or personally identifiable information to unauthorized users. To help protect the privacy of data you transmit through the Sites, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the user data we collect against unauthorized access. However, you should keep in mind that our Site and our Services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control.

You must exercise caution, good sense, and sound judgment in using the Site. You are prohibited from violating, or attempting to violate, the security of the Sites. Any such violations may result in criminal and/or civil penalties against you. We may investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

Acceptable Use

In your use of our Sites or any Services, you agree not to:

• Send or otherwise transmit to or through our Sites any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, or otherwise objectionable material of any kind, any material that can cause harm or delay to our Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
• Misrepresent your identity or affiliation in any way;
• Restrict or inhibit any person from using the Sites, disclosing personal information obtained from our Site or collecting information about users of the Sites;
• Reverse engineer, disassemble or decompile any section or technology on the Sites, or attempt to do any of the foregoing;
• Gain unauthorized access to the Sites, to other users’ accounts, names, personally identifiable information, or other information, or to other computers or websites connected or linked to the Sites;
• Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access our Site in a manner that sends more request messages to our servers in a given period than a human can reasonably produce in the same period by using a conventional web browser;
• Send or otherwise transmit to or through our Site chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
• Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
• Violate any applicable laws or regulations or these Terms;
• Use abusive, harassing or threatening language or make abusive, harassing, bullying or threatening communications toward any staff member, any physician, or any other user of the Sites;
• Create a hostile environment for any staff member, any physician, or any other user of our Site based on such person’s race, age, national origin, disability, gender or reassignment thereof, religion or belief, sex, sexual orientation, marriage/partnership status, or pregnancy/maternity.
• Alter or modify any part of the materials or Services offered on the Sites; or
• Assist or permit any persons in engaging in any of the activities described above.

Any of the foregoing may result in actions including but not limited to termination of your access to our Site or any of the Services.

Our Intellectual Property Rights

The content on our Site, including without limitation, any text, software, graphics, photos, sounds, music, videos, audio-visual combinations, patents, interactive features, any trademarks, service marks, and logos contained therein and any other materials you may view on, access through, or contribute to our Site(collectively “Materials”) are owned by or licensed to Dokta, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.

No Materials from our Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the rights owner. You agree not to circumvent, disable, or otherwise interfere with security-related features of our Site or features that prevent or restrict the use or copying of any Materials or content. These Terms permit you to use our Site for your personal, non-commercial use only.

Modification of any Materials or use of any Materials for any other purpose is a violation of the copyrights and other proprietary rights of Dokta, or of other entities or persons where so indicated, unless Dokta or the owner has provided said Material for such express purpose. Permission for all other uses of Materials contained herein, including reproducing and distributing multiple copies or using Materials on any other website or networked computer or linking to any secured or private page at our Site must be obtained from Dokta or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from Dokta should be submitted via email to legal@doktahealth.com. 

All design rights, database compilation, and other intellectual property rights associated with our Site, in each case whether registered or unregistered, and related goodwill, are proprietary to Dokta.

Links to Other Sites

As you view the Sites, you may see links to third-party websites. These links are for convenience only. If you use these links, you will leave the Sites. Certain of these linked websites may make use of Dokta’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos, and trade names) under license from us. We are not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by us of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.

Third-Party Interactions

Your interactions with entities or individuals found on or through our Site or the Services provided through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for and will exercise caution, discretion, common sense, and judgment in, using our Site and disclosing personal information.

You agree that Dokta shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any third party, you understand and agree that we are under no obligation to become involved.

Jurisdictional Issues

Our Sites are controlled and operated by Dokta from our offices in Lagos, Nigeria. Those who choose to access our Site from other locations do so on their initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to our Site from jurisdictions where the contents of our Site are illegal or penalized is prohibited.

By submitting data to our Site or Services, you affirmatively consent to its use and processing in Nigeria as outlined in these Terms, the above-referenced service terms and policy links, and Dokta’s Privacy Policy.

Termination

Dokta may terminate your use of our Site or any of our features or Services at any time and for any reason without notice for conduct violating these Terms. We will terminate a user’s access to our Site and its features or any Services if, under appropriate circumstances, the user is determined to be a repeat infringer of third-party rights or in breach of the applicable Terms. Upon any such termination, you must destroy all Materials obtained from our Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination. You agree that if your use of our Site is terminated according to these Terms, you will not attempt to use our Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any liability that we may incur therefore.

Disclaimer

The materials on our Site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible according to applicable law, Dokta disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that our Site or the server that makes it available is free of viruses or other harmful components. We do not make any representations or warranties regarding the use or the results of the use of the materials on our Site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Dokta, any Provider, or your payer/employer/healthcare group sponsor/health plan be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, our Site or the Materials on it, even if we, any Provider or an authorized representative of us has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

Indemnity

You agree to indemnify, defend, and hold Dokta and Dokta Professionals and its and their directors, officers, employees, agents, and contractors harmless from and against any claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms, or (ii) your activities in connection with our Site.

Geographical Restrictions

Dokta makes no representation that all products, services, and/or material described on the Sites, or the Services available through the Sites, are appropriate or available for use in locations outside Nigeria or all states and territories within the Federal Republic of Nigeria.

Disclosures

All Providers performing licensed Clinical services on our Site hold the professional licenses issued by the professional licensing boards or agencies of the Federal Ministry of Health or relevant professional bodies. 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 Provider by contacting the Federal Ministry of Health or relevant professional bodies. 

Any clinical records created as a result of your use of the Clinical Services will be securely maintained by Dokta on behalf of Dokta Professionals for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, which is typically at least six years.

Owner and Data Controller

Any services associated with Dokta are all provided by Dokta, and you are thereby contracting with:

DoktaHealth
1 Ibikunle Close, Off Harvey Road, 

Yaba, Lagos,

Nigeria.

To contact us with questions or concerns about these Terms, please contact us using the information provided below under “Contact Us”. 

Credit Transactions

Dokta does not accept payment in the form of cash, check, money order, or insurance reimbursement. Major credit cards are the only accepted means of payment. If you pay by credit card, you authorize us to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same becomes due and payable. If your credit card expires or we are otherwise unable to debit the applicable amounts from your credit card, we shall provide notice to you, whereupon you shall immediately furnish us with a valid credit card account number. Your request for services from our Site will not be fulfilled until full payment has been received and verified.

Other

By choosing to visit our Site or otherwise provide information to Dokta, you agree that any dispute over your use of our Site or these Terms will be governed by the laws of the Federal Republic of Nigeria. You also consent to the adjudication of any disputes arising in connection with our Site in the state and federal courts located in Lagos state. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.

If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.