Last updated 28 November, 2019
These General Terms and Conditions (hereinafter referred to as the “General Terms and Conditions or Agreement”) set forth the main terms, conditions and agreements between You (the Physician) and DRO Health Limited (hereinafter referred to as “DRO Health), applying to and governing your usage of the DRO Health Platform and the DRO Health Telemedicine Services as an Independent Contractor.
Whereas DRO Health is a company duly registered under the Laws of Nigeria to provide telemedicine services through its DRO Health Platform.
In order to provide the DRO Health Telemedicine Services via the DRO Health Platform, you must agree to the terms and conditions that are set forth below.
By logging into the DRO Health Platform and using your DRO Health Physician Account to provide DRO Health Telemedicine Services, you hereby signify your acceptance of all the clauses in these General Terms and Conditions and the agreements set forth herein shall commence on the date you log into the DRO Health Platform.
Prior to using the DRO Health Platform, you must sign up by providing the requested information in the signup application on DRO Health’s website and uploading necessary documentation as required by DRO Health. Upon successful completion of the signup application, DRO Health will provide you with a personal account accessible via a username and password.
After submitting the signup application, you will receive an e-mail with additional conditions that must be met in order to be on the DRO Health Platform. These conditions may include providing proof of medical qualification, lack of criminal record, and other conditions as prescribed in the pertinent e-mail. Failure to comply with the prescribed conditions and requirements may result in termination of this Agreement and right to use any DRO Health Service.
By logging into the DRO Health Platform and using your DRO Health Physician Account to provide DRO Health Telemedicine Services, you represent and warrant that:
DRO Health hereby grant you a license to use the DRO Health Platform, DRO Health Telemedicine Services and DRO Health Physician Account. The license does not grant you the right to sublicense or transfer any rights to a third person.
In the course of using the DRO Health Platform, DRO Health Telemedicine Services and DRO Health Physician Account you shall not:
The License granted herein revokes automatically and simultaneously on termination of this Agreement. After termination of this Agreement you must immediately stop using the DRO Health Platform, DRO Health Telemedicine Services and DRO Health Physician Account and DRO Health is entitled to block and delete your account without a prior notice for any reason whatsoever.
Additionally, DRO Health may give you tags, labels, stickers or other signs that refer to the DRO Health brand or otherwise indicate that you are using the DRO Health Platform, DRO Health Telemedicine Services and DRO Health Physician Account. DRO Health grants you a non-exclusive, non-sub-licensable, non-transferable license to use such signs and only for the purpose of indicating that you are providing DRO Health Telemedicine Services via the DRO Health Platform. After termination of the Agreement you must immediately remove and discard any signs that refer to the DRO Health brand.
All intellectual property (including copyrights, patents and trade marks) including source code, databases, logos and visual designs are owned by DRO Health and protected by Nigerian copyright, trademark and/or trade secret laws and international treaty provisions. By using the DRO Health Platform or any other DRO Health Services you do not acquire any rights of ownership of any intellectual property.
By this General Terms and Conditions, you agree to:
You hereby guarantee to provide the telemedicine services in accordance with this Agreement as well as laws and regulations applicable in Nigeria. You are fully liable for any violation of any Nigerian laws and regulations as may arise from providing the telemedicine services.
You must have all licenses (medical license), permits, insurance, registrations, certifications and other documentation that are required in Nigeria for providing medical services. It is your obligation to maintain the validity of all aforementioned documentation. DRO Health reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications.
You must provide telemedicine services in a professional manner and in accordance with the medical ethics in Nigeria and endeavour to perform the services in the best interest of the patient.
You hereby acknowledge and agree that at all times, you are providing all the services mentioned in this Agreement and on the DRO Health Platform or any other DRO Health Services as an independent contractor with respect to patients and you shall bear all liability arising therefrom. This Agreement totally absolves DRO Health of all liabilities that may arise in whatever form from your diagnosis, advise and prescription to a patient and you bear total responsibility in this regard to the exclusion of DRO Health;
You hereby agree to indemnify DRO Health in full for any liability in whatever form from a patient or any other person arising from your usage of the DRO Health Platform or any other DRO Health Services including but not limited to your diagnosis, advise and prescription to a patient;
The DRO Health Platform, DRO Health Telemedicine Services and DRO Health Physician Account are provided on an “as is” and “as available” basis. DRO Health does not represent, warrant or guarantee that access to DRO Health Platform, DRO Health Telemedicine Services and DRO Health Physician Account will be uninterrupted or error free. As the usage of DRO Health Platform, DRO Health Telemedicine Services and DRO Health Physician Account for requesting telemedicine services depends on the behaviour of patients, DRO Health does not guarantee that your usage of the DRO Health Platform, DRO Health Telemedicine Services and DRO Health Physician Account will result in any telemedicine service requests from patients; DRO Health shall not be liable for the actions or non-actions of the patient.
DRO Health is not liable for any loss or damage that you may incur as a result of using the DRO Health Platform, DRO Health Telemedicine Services and DRO Health Physician Account;
You shall be fully liable for breach of this Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately upon receipt of a compliance demand from DRO Health or any state authority. You shall indemnify DRO Health for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we may incur in connection with your breach of this Agreement and laws and regulations.
If any patient presents any claims against DRO Health in connection with your provision of telemedicine services, then you shall compensate such damage to DRO Health in full within 7 (seven) days of your receipt of the request from DRO Health. In case DRO Health is entitled to present any claims against you, then you shall compensate DRO Health of all legal cost and fees relating to such an action.
You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and DRO Health. You also acknowledge that no joint venture or partnership exists between you and DRO Health. You shall not act as an employee, agent or representative of DRO Health nor bind any contract on behalf of DRO Health.
You shall not transfer your rights and obligations deriving from this Agreement to any third party.
As compensation for the telemedicine services provided by you to the patient, DRO Health shall remit the fees paid by the patient(s) who you have attended to and shall make the requisite payments into your designated account two times in a month. These remittances shall be made after DRO Health has deducted its service charge in the amount/percentage which shall be communicated to you from time to time.
You are by this Agreement deemed to have agreed to all deductions and service charges (and any changes made thereto) made by DRO Health and totally waived all your rights to bring any form of action against DRO Health in respect of any of these deductions and remittances.
Any changes to this Agreement or Physician’s Fees shall enter into force after they have been made available to you via e-mail, DRO Health Platform or your DRO Health Physician Account and you have continued to provide the telemedicine services. If you continue to use any DRO Health Services, you shall be deemed to have accepted the revised conditions.
You are obliged to immediately notify us of any changes to your contact information.
You may terminate the Agreement at any time by notifying DRO Health at least 7 (seven) days in advance, after which your right to use the DRO Health Platform, DRO Health Telemedicine Services and DRO Health Physician Account shall terminate. DRO Health may terminate the Agreement at any time and for any reason at the sole discretion of DRO Health, without any prior notification.
This Agreement shall be governed by and construed and enforced in accordance with the laws of Nigeria.
If any dispute resulting from this Agreement is not settled amicably by negotiations, the dispute shall be resolved by Arbitration in accordance with the Arbitration and Conciliation Act of Nigeria. The seat of arbitration shall be in the United States of America.
In order to resolve a complaint or question regarding this Physician Terms & Conditions, contact us at:
DRO Health Limited
639 Akin Adesola Street