Terms of Use

Introduction

Before accessing our services, please read these Terms of Use carefully. Access to and use of this Platform (Website and Services) implies that the User has read, understood, and accepted our Terms of Use. If you disagree with any part, do not access the HeliumDoc Platform (the “Platform”).“User” means the individual accessing or using the Platform.

1. About Us:

One Global Medical Technology Ltd (“HeliumDoc”, “We”, “Us”, or “Our”) offers Users (the “End-Users”) the Platform to access the services of top healthcare providers such as but not limited to doctors, dentists, emergency clinics, labs and other healthcare specialists from those listed on the Platform who may be suitable for your needs (collectively, “Registered Practitioners“), to enable the maximum choice and diversity of Registered Practitioners, and to make a booking request with respect to medical advice or services needed. The Platform may also make available for End-Users certain information related to such other doctors, dentists, emergency clinics, labs and other healthcare specialists who are not listed as Registered Practitioners on the Platform (the “Associate Practitioners“, and together with the Registered Practitioners, the “Practitioners“), which is based solely on public information and/or advertisements made available online or otherwise, whether directly or indirectly, by the Associate Practitioners. The Platform provides the End-Users with lists and/or profiles of Practitioners (collectively, the “Services”) in Nigeria, Kenya, Uganda and in all the Gulf Cooperation Council (GCC) member states, namely Bahrain, Oman, Qatar, Saudi Arabia, Kuwait and the United Arab Emirates.

Contracting Party

Which HeliumDoc entity are You contracting with?

Your place of domicile determines which HeliumDoc entity you are contracting with under these Terms of Use. All references to ‘HeliumDoc,’ ‘We,’ or ‘Us’ under this Contract apply as stated below according to your jurisdiction or domicile:

This Terms of Use is an Agreement between you and HeliumDoc. It details HeliumDoc’s obligations to you. It also highlights the risks of using our Services, and you must consider such risks carefully, as you will be bound by the provisions of these Terms of Use through your use of this Website or any of our Services.

2. Privacy Notice:

HeliumDoc is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Notice to understand how we use your information and the steps we take to protect your information.

3. Registration:

Please note that you can make use of the Platform without registering. However, to make a booking or post a review, you have to create an Account by registering. To register, you will provide us with certain information that personally identifies you, such as your email, first name, last name, phone number (“Personal Information”), and we may seek to verify your information (by ourselves or through third parties), after which we will approve and register your Account unless deemed risky to our business. You give us permission to do all these. You have the right to refuse to authorise the use and/or disclosure of your Personal Information. However, if you choose to exercise this right, you may not be able to utilise some features of the Services we provide.

4. Booking Requests and Cancellation Policy:

Following the opening of an Account, you can choose the Practitioners you may need and make booking requests for appointments only with Registered Practitioners (“Booking Request“). Once a Registered Practitioner confirms your Booking Request, you will be provided with all the details of an anticipated appointment that is finally scheduled (the “Appointment“).

We will reserve the initial amounts that are due and payable by an End-User and/or its insurance company (as the case may be) in consideration for the healthcare services provided to the End-User by a respective Registered Practitioner (“Registered Practitioner Fees”) upon confirmation of the Appointment. Finally, we will make the final charge of Registered Practitioner Fees only after the Registered Practitioner confirms that the Appointment took place.

You may communicate about any expected delay or cancellation by 3 (three) hours before the scheduled Appointment. Any later change or cancellation of a Booking Request shall be subject to the full withholding of the Total Fees charged from you with respect to such Booking Request.

5. Timing:

We shall supply the Services to You as soon as reasonably practicable, except in the case of non-payment of charges or additional charges by You or where We are prevented from providing the services by a Force Majeure Event.

HeliumDoc shall inform You of any delay in delivering the Services as soon as reasonably practicable.

6. Authorisation and Acknowledgement:

In connection with using the Platform to find an Associate Practitioner and/or a Registered Practitioner and schedule an Appointment with any such Practitioner, you understand that YOU ARE SOLELY RESPONSIBLE FOR CHOOSING THE ASSOCIATE PRACTITIONER AND/OR THE REGISTERED PRACTITIONER. HeliumDoc makes reasonable efforts to ensure that Registered Practitioners only participate in the Platform if they hold all active licences required by law to practise the specialities of their services. HeliumDoc may exclude Practitioners who, at HeliumDoc’s discretion, have engaged in inappropriate or unprofessional conduct. Without derogating from the above, it is clarified that HeliumDoc makes no representations or warranties of any kind, express or implied, with respect to any information related to Associate Practitioners, including with respect to the completeness, accuracy or reliability of any such information and/or the quality of the services provided by the Associate Practitioners.

To help you find Practitioners who may be suitable for your needs and enable the maximum choice and diversity of Practitioners participating in the Platform, we will provide you with lists and/or profiles of Practitioners. These results are based on (i) information that you provide to us, such as geographical location and healthcare speciality, and (ii) other criteria, such as the Practitioner’s availability, past selections by and/or ratings of Practitioners by you or by other End-Users, and past experience of End-Users with Practitioners.
Note that HeliumDoc (a) does not recommend or endorse any Practitioners, (b) does not make any representations or warranties with respect to these Practitioners or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Practitioners for featuring them (i.e., higher or better placement on lists) through the Platform.

HeliumDoc may enable you to schedule Appointments with Practitioners remotely by video conference or other means of telecommunication only in certain specific jurisdictions, allowing the remote diagnosis and treatment of patients by means of telecommunications technology (“Telemedicine”). You acknowledge that you may not use any means of hiding, concealing or obscuring your geographic location or IP address (such as a VPN) to access such Telemedicine services where prohibited or limited under applicable law. You alone shall be fully responsible (including the provision of indemnification) for any claim, damage or liability incurred by HeliumDoc or by a Practitioner as a result of such actions on your part.

Please be aware that the Practitioner cannot and shall not prescribe any medicine listed under the prohibited lists locally applicable for Telemedicine guidelines (e.g., psychiatric medicines) through the platform. Likewise, the Practitioner shall not issue prescriptions for controlled substances or other substances that may be harmful because of their potential for abuse (for example, medications for insomnia, depression, and/or anxiety).

The Practitioner will determine if a prescription can be provided to you, including on a “cross border” basis, according to the location from which you are taking the consultation. For this purpose, you must ensure that your Practitioner knows your exact location when receiving a Telemedicine consultation. You can identify in advance via the Platform if each of the listed Telemedicine Practitioners can provide you with a prescription according to your current location. It is your decision and responsibility to select a Practitioner with immediate availability and/or speaking your preferred language or to select one that is identified as being enabled to prescribe in your location.

To avoid doubt, whenever your Practitioner provides you with a prescription, HeliumDoc is not liable for either the medicines dispensed by the pharmacy you decide to purchase or for the medical assessment conducted by the Practitioner in relation to the prescribed or provided medicine.

7. Limitation of Service:

From time to time, the volume of data transfer between the User’s devices and the services may be limited because of any limitations placed on the service capacity by third-party suppliers. We reserve the right to limit the data transfer volume available to You according to any volume limitations imposed by third-party suppliers.

Any third-party software is subject to separate terms and conditions of the supplier of such third-party Software. You are urged to read such terms and conditions carefully.

You may be required, at Our discretion, to remove all software downloaded from HeliumDoc’s servers, provided You are not legally obliged to keep the programs longer. This term shall not prejudice or affect any other right of action, remedy or obligation that shall have occurred or accrue to either of the parties after that.

If access to the services is suspended due to downtime caused by routine or emergency maintenance by Us, the services shall be reconnected as quickly as practicable after such circumstances giving rise to the need to suspend have ceased to exist.

We shall be entitled to suspend access to the services if You are in breach of any of the terms and fail to remedy such breach (where capable of remedy) within 5 (five) working days of being notified by Us to do so. This Clause shall not be construed as limiting Our termination rights.

8. Editorial Content:

We may, but have no obligation to, publish any content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available, or otherwise found via the Platform (“Content“) that is reviewed by our editorial personnel. No party (including HeliumDoc) involved in the preparation or publication of such works guarantees that the Content is timely, accurate, or complete, and they will not be responsible or liable for any errors or omissions in or for the results obtained from the use of such Content.

All the Content is owned by us, Practitioners, or our respective licensors and is protected by copyright, trademark, patent, and trade secret laws, proprietary rights, and international treaties. You acknowledge that the Platform and any underlying technology or software used in connection with the Platform contain HeliumDoc’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by permitting your use of the Platform. You may print, download, and store information from the Platform for your own convenience. Still, you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the Content, or exploit the Platform or Services in whole or in part for any commercial gain or purpose. Except as expressly stated herein, neither HeliumDoc nor its suppliers grant you any express or implied rights, and HeliumDoc retains all ownership rights to the Platform and the Services.

The procedures, products, services and devices discussed and/or marketed through the Platform do not apply to all End-Users, individuals, patients or clinical situations. Any procedures, products, services or devices represented through the Platform by advertisers and other participants, either paid or unpaid, are presented for your awareness and do not necessarily imply. We make no claims about safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.

9. User Content; Reviews

You are encouraged to submit to HeliumDoc reviews of the Registered Practitioners whose healthcare services you have ordered via the Platform and received (the “Reviews“). HeliumDoc, at its sole discretion, may publish such Reviews or parts thereof on the Platform to be accessed by other End-Users. HeliumDoc shall not be responsible for the contents of Reviews and shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all content from Reviews, except as required by applicable law.

• Only patients are allowed to submit reviews on Registered Practitioners, sharing their experience interacting with the Registered Practitioner in terms of his/her manner, communication skills, knowledge about the treatment, and experience inside the clinic.
• Patients can review Registered Practitioners by clicking the write a Review button and whether they like or dislike a Registered Practitioner.
• Only patients of those Registered Practitioners are allowed to submit a review.
• Each patient is allowed to write only 1 (one review per Registered Practitioner).
• Registered Practitioners are strictly prohibited from writing reviews of themselves. The clinic staff and medical assistants are not allowed to review their Registered Practitioners.
• Registered Practitioners, however, can review other Registered Practitioners if they have referred patients to that particular Registered Practitioner and that patient expressed having had a good experience with the referred Registered Practitioner.
• If any Registered Practitioners have been found writing reviews on themselves. The following circumstances will happen:
  • 1^st time: A warning will be issued to the Registered Practitioner and be asked to abide by the guidelines.
  • 2^nd time: The Registered Practitioner's profile will be temporarily disabled for a few weeks.
  • 3^rd time: The Registered Practitioner's profile will be permanently deleted from the website.

HeliumDoc does not allow Reviews that:

• are fraudulent, false, misleading, or deceptive;
• do not represent the author’s personal experience;
• are incentivised by a promise for payment, additional services, or a discounted rate;
• are motivated by a threat of extortion or a suggestion of financial gain.

It is important that you act responsibly when providing your Reviews. HeliumDoc reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms of Use, including removing any offending communication from the Platform and terminating the Account of such violators or blocking your use of the Platform.

10. Age Restriction (Jurisdiction specific):

Our Website and Services are not directed to persons under 18 or the applicable age in your jurisdiction. We do not knowingly transact with or provide Services to persons below the legal age.

You are independently responsible for complying with all applicable laws related to your use of our Website and Services.

11. Your Personal Information

To register, you must provide certain information about yourself. You may voluntarily submit and authorise HeliumDoc, its employees, agents and others operating on its behalf to use and/or disclose information about you, including, without limitation, certain information that personally identifies you, as further described in the HeliumDoc Privacy Notice. HeliumDoc is committed to maintaining the privacy and security of your Personal Information in accordance with applicable data protection regulations in each subsidiary country or jurisdiction where we operate. You have the right to refuse to authorise the use and/or disclosure of your Personal Information. However, if you choose to exercise this right, you may not be able to utilise some features of the Services. The HeliumDoc Privacy Notice explains the information practices that apply to Personal Information we have about you and any choices you can make about how this information is used. Please review it carefully.

12. Change of Information:

If you change any information provided at registration, including your name, address, financial institution and mode of payment, you agree to notify us within 14 (fourteen) days of such change. We may be unable to respond if you contact us from an address, telephone number or email account not registered with us.

13. Representations and Warranties:

You represent and warrant to HeliumDoc that:

• You have full power and authority to enter into, execute, deliver and perform these Terms of Use;
• You are duly organised, authorised and in good standing under the relevant laws of Nigeria, Kenya, Saudi Arabia, Oman, United Arab Emirate (UAE), Bahrain, Kuwait, Qatar or any other country where our business operates;
• You will comply with this Terms of Use and all applicable local, state, national, and international laws, rules, and regulations;
• Any information you provide to us, both when you register and in the future, is and will be true, accurate, current and complete;
• You will keep all information up-to-date; and
• You accept and agree to these Terms.

14. Account Security:

You agree not to allow anyone else to have access to or use your password details and to comply with all reasonable instructions we may issue regarding account access and security. HeliumDoc will not be liable for losses or damages if you share your password details. You will also take all reasonable steps to protect the security of the personal electronic device through which you access HeliumDoc Services (including, without limitation, using PIN and/or password-protected personally configured device functionality to access HeliumDoc Services and not sharing your device with other people). You are responsible for securely managing your password(s) for the Services and to contact HeliumDoc if you become aware of any unauthorised access to your Account.

15. Links to or Connections with Third Party Sites or Applications:

Our Services or communications to you may contain third-party content or links to third-party sites, applications or services (collectively, "Third Party Content''). Our Services may also include features that allow you to connect your Account with accounts or services provided by third parties, such as accounts you maintain with financial institutions or social media platforms like Facebook (collectively, "Third Party Services"). We do not control, maintain, or endorse the Third Party Content or Third Party Services, and we are not liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the Third Party Content or Third Party Services providers, including products or services offered by such third parties, are solely between you and the third party. You should review all the relevant terms and conditions associated with Third Party Content or Third Party Services, including any Privacy Notices and terms of service. We are not responsible for any information you agree to share with third parties connected with Third Party Content or Third Party Services.

16. Responsibilities:

By agreeing to these terms of use, you agree to the following responsibilities:

1. The usual and customary charges for any medical services rendered by collaborating providers profiled on the site will apply and will be your responsibility.
2. You are responsible for all use of the site and for all use of your credentials, including use by others to whom you have given your credentials.
3. You agree that you shall not copy, modify, adapt, translate, or reverse engineer any portion of the site, its content or materials and/or the services.
4. You agree to not create user accounts by automated means or under false or fraudulent pretences.
5. It is within your responsibility to refrain from collecting or storing personal data about other users in connection with the prohibited activities contained within these Terms of Use.
6. You shall not use any means, including software means, to conduct web scraping of any portion of the site, its content or materials, and/or the services.
7. You shall not access, retrieve or index any portion of the site and/or the services to construct or populate a searchable database of reviews related to the healthcare industry or providers.

17. Unacceptable Use:

You may not, whether by Yourself or anyone on Your behalf:

• conduct any fraudulent or illegal activities via the Platform;
• copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the Platform;
• create a browser, frame, border environment or GUI around the Platform;
• interfere with or disrupt the operation of the Platform, or the servers or networks that host the Platform, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
• interfere with or violate other Users’ rights to privacy (including, without limitation, other End-Users and the Practitioners listed on the Platform), or harvest or collect data and information about other Users without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device or process to access the Platform and/or retrieve index and/or data-mine information;
• impersonate any person or entity or provide false or misleading personal information, including, without limitation, providing false or misleading billing information;
• transmit or otherwise make available through or in connection with the Platform any virus, “worm”, “Trojan Horse”, “time bomb”, “web bug”, spyware, malware, or any other computer code, file, application or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
• use the Platform for any illegal, unlawful, inappropriate or unauthorised purposes, or conduct any act, or omit to conduct an act in a way that is in violation of applicable local, national or international laws and regulations;
• use the Platform to defame, abuse, harass, stalk, ridicule, mock, threaten, or otherwise harm and violate the legal rights of the other End-Users, the Practitioners and/or any other persons by posting any inappropriate content or otherwise;
• use the Platform for any commercial or non-personal purposes, including any usage which generates any revenues, whether directly or indirectly (other than under your Account), without our prior written consent; or
• contact, communicate with, or exchange information with any Practitioner (other than through the Platform) before your first visit to him/her.

You hereby understand and agree that if fraudulent activity is associated with the operation of your Account, We have the right to apply restrictions to your Account and report it to the appropriate law enforcement agencies.

18. Intellectual Property:

Our Content:

All content and materials, including but not limited to images, text, visual interfaces, information, data, and computer code, provided by us through our Services (“Our Content") and all related intellectual property rights are the property of HeliumDoc and/or its third-party licensors. Our content is protected by relevant laws and international intellectual property laws and treaties. You are permitted to use Our Content only on our Services. You may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in these Terms of Use or our Services grants you, by implication, estoppel, or otherwise, any licence or right to use our content except as expressly stated in these Terms of Use.

Our Partners' Intellectual Property:

Our Services may also display specific intellectual property, such as company, product, and service name and logos, owned by our partners (our "Partners' Intellectual Property"). Nothing in these Terms of Use or our Services grants you, by implication, estoppel, or otherwise, any licence or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from or transmit in any form (including in-line linking or mirroring) any of our Partners' Intellectual Property.

19. Disclaimer:

Medical Advice/Services Disclaimer

The content of the Services that you obtain or receive from HeliumDoc, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the services is for informational purposes only.

The content of the Services provided through the Platform is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare professional because of something you may have read on the Platform. Do not use the Services for emergency medical needs. If you experience a medical emergency, call emergency services. Your use of Services content is solely at your own risk. Nothing stated, posted, or available through the Services is intended to be, and must not be, taken to be, the practice of medicine or the provision of medical care.

You acknowledge that although some of the content of the Service (including content provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you with locating appropriate medical care from a qualified practitioner.

We are not responsible for any medical advice, treatment or other healthcare services received by you from any Practitioner. We do not recommend or endorse any specific tests, health care providers, procedures, opinions, or other information that may appear on the Platform. If you rely on any of the content of the Service, you do so solely at your own risk.

The Services do not create a doctor-patient relationship between You and HeliumDoc. We only assist you in finding an appropriate Practitioner in any field; make a Booking Request (only with respect to a Registered Practitioner) and pay him or her. For removal of doubt, any healthcare service provided to You by any Practitioner shall in no event be implied or deemed an advice and/or consulting service provided by or on behalf of HeliumDoc.

You must resolve any dispute between You and any Practitioner arising from any transaction hereunder directly with the Practitioner.

Disclaimer of Warranties

We try to keep HeliumDoc available at all times, bug-free and safe; however, You use it at your own risk.

Our Website and Services are provided “as is” without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, HeliumDoc makes no warranty that our Website and Services will meet your requirements or that our Website will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by you through our Website or from HeliumDoc, its parent company, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "HeliumDoc parties") shall create any warranty.

20. Limitation of Liability:

YOU AGREE TO THE LIMITATION LIABILITY CLAUSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: HELIUMDOC WILL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET HELIUMDOC’S SYSTEMS REQUIREMENTS. HELIUMDOC SHALL ALSO NOT BE LIABLE TO ANY DAMAGES INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER HELIUMDOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT) ARISING OUT OF HELIUMDOC’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE, OR ARISING FROM THE RESULT OF USE OF HELIUMDOC’S WEBSITE OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY.

21. Indemnity:

You agree to defend, indemnify, and hold HeliumDoc, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

22. Exclusions:

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any HeliumDoc Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the HeliumDoc Party's liability shall be the amount paid for the Services or the minimum permitted under such applicable law or whichever is lower.

23. Payment Terms and Processing Fees

Payments through credit and debit cards are collected online without hassle. The End-User is asked to enter the card number, the expiration date of the card, and its security number. No data is saved, and no additional fees except that of the appointment are charged. The money is deducted once the user clicks on ‘Pay Amount’. The transactions are 100% secure.

Kindly note that payments are processed via third-party processors, who may have varying payment processes or varying policies on data storage.

Cancellation of Appointment

For Appointments paid for online, the End-USer can cancel or reschedule up to 3 (three) hours before the Appointment. An Appointment cannot be rescheduled or cancelled after the given time frame. After cancelling the Appointment, the patient can schedule another appointment or request a refund. The refund is subject to a 5% payment gateway fee. If the End-User does not attend the Appointment, the Appointment will be marked as a no-show and the Appointment will not be entitled to a refund.

End-User Refund and Exchange

Refunds are made in certain cases. The End-User will receive a 100% refund when the Appointment is not confirmed by the Registered Practitioner. The Registered Practitioner does not attend the Appointment. A stable internet connection is required before joining the call. The End-User will not receive a refund due to technical issues on their side.

Registered Practitioner No-Show

If a Registered Practitioner misses a paid Appointment without rescheduling or cancelling it with the End-User’s consent, the Registered Practitioner will be charged a 5% gateway fee. In this scenario, if the User demands a refund, a 100% refund will be issued by HeliumDoc.

24. Applicable Law:

These Terms of Use shall be interpreted and governed by the laws currently in force in the applicable jurisdiction in which you utilise our services, which may include but are not limited to Nigeria, Kenya, Saudi-Arabia, Oman, United Arab Emirates (UAE), Bahrain, Kuwait, Qatar or any other country where our business operates, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the jurisdiction where you are using our Services.

25. Dispute Resolution:

All disputes arising from these Terms of Use shall be governed by and construed in accordance with the law of the applicable jurisdiction of the contracting parties on behalf of HeliumDoc. Any dispute arising out of or relating to these Terms of Use, including any question regarding its existence, validity, contractual obligation or termination by the Parties, shall be settled through amicable informal and formal discussions between the Parties. In the event that the Parties are unable to resolve the disputes themselves amicably, all such disputes shall be referred to and finally resolved by mediation in the following manner:

The language to be used in the mediation proceedings shall be English. Nothing in this clause will prevent HeliumDoc or End-User from obtaining urgent interim relief in any court of competent jurisdiction. The mediation may be conducted virtually, through the use of a teleconferencing mode of communication or it can have its seat within the applicable jurisdiction (i.e. in the jurisdiction where the dispute occurred and where the Parties are located).

26. Termination

These Terms shall be in effect as of the date on which you accept and agree to these Terms of Use, and until terminated by either party, for any reason and at any time by providing 10 (ten) day written notice (by email) to the other party.

However, HeliumDoc may terminate these Terms of Use with you immediately upon any of the following events:

• breach by you of any term of these Terms of Use;
• careless behaviour that causes disruption to the Platform;
• your failure to communicate politely and courteously with any Practitioners or our staff;
• abusive comments or profane language to any Practitioner;
• negligence, fraud, or willful misconduct.
• we are required to do so by a Law; and
• a financial institution directs us; or

Upon termination of these Terms of Use, you will not be able to use the Platform, your Account will be suspended or terminated and all Booking Requests submitted by you will be cancelled.

27. Severability:

If any portion of this Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from the Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use. We shall also have the right to unilaterally amend these Terms by replacing the provision that is held to be void or unenforceable with a provision which is valid and enforceable so that, to the extent possible, the effect of the amended provision would be the same as the effect of the initial provision. We may transfer our rights and obligations under these Terms to any third party without your consent.

28. Updates, Modifications and Amendments:

We may need to update, modify or amend our Terms of Use, tools, utilities, or general updates as our technology evolves. We reserve the right to change these Terms of Use at any time by giving notice to users on this page.

We advise that you check this page often, referring to the date of the last modification on the page. If a User objects to any of the changes to the Terms of Use, the User must cease using our Website and/or Services immediately.

29. KYC, AML, CTF, Fraud

• 29.1.In case we are or should become subject to statutory obligations related to anti-money laundering, combating the financing of terrorism or the application of international sanctions, then, upon our request, you shall be obliged to present us any information and documents that we may need in order to perform such obligations and to remove any suspicions that we may have with respect to your account being used for money laundering, terrorist financing or breach of international sanctions.
• 29.2.In case we have reason to believe that your account may be used for fraud or for conducting any illegal activity or that an unauthorised third party may be using your account, then you shall be obliged to present us with any information and documents that we may need in order to remove any such suspicions.
• 29.3.You warrant that you are not subject to any international sanctions, anti-terrorism or similar laws, decrees, ordinances, orders, demands, requests, rules or requirements.
• 29.4.HeliumDoc has the right to conduct reviews of Your compliance with anti-money laundering rules and/or suspend You from using the Platform without prior notice, for the purpose of detecting fraud or any other violation thereof. HeliumDoc shall also be at liberty to report any suspected fraudulent activity to the appropriate law enforcement authority.
• 29.5.You shall notify HeliumDoc immediately of any circumstances that may refer to a violation of this Section 29.
• 29.6.We shall have the right to suspend the use of your account and the right to reject any services proposed to be made using your account in each of the following cases:
  • 29.6.1.we suspect that your account may be used for money laundering, terrorist financing, breach of international sanctions, fraud or any illegal activities;
  • 29.6.2.we suspect that an unauthorised third party may be using your account;
  • 29.6.3.we suspect that you have provided us incorrect or insufficient information or documents, which we have asked under this Section 29;
  • 29.6.4.we are obliged to do so under applicable laws or by order of any public authority;
  • 29.6.5.any of our payment service providers, any payment scheme operator or any of our cooperation partners demands that we cease the provision of Services (either entirely, in any particular region, in any particular capacity, to any particular person or group of persons or otherwise) or notifies us that the provision of Services is in breach of any agreements or rules to which we are bound to.

30. Off-platform transactions

To enhance the safety of each experience, off-platform transactions or arrangements are prohibited, so never solicit or accept payment outside the HeliumDoc platform. End-User should not pay for the Services in cash or request for the Services from Practitioners outside of the Platform. Off-platform transactions are transactions or requests for Services which originated from the Platform but are completed off the Platform.

31. Complaints

If you have any complaints or reservations about us or any of the Services we provide, you may contact us via: [email protected].