Terms and Conditions

HEALTHIER USER AGREEMENT

Welcome to the Healthier online portal (the “Healthier"). These terms & conditions ("Terms and Conditions") apply to the, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. This website is owned and operated by Best Rated Hospitals Site, a subsidiary of First Aesculapius Nigeria Limited. For the purposes of this website, "seller", "we", "us" and "our" all refer BestRatedHospitals.org. The Site reserves the right, to change, modify, add, or remove portions of both the Terms and Conditions of Use and the Terms and Conditions of Sale at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes. Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification. You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated. You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.

We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for personal items sold on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited. Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise. Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

Terms and conditions for Healthier Users

These terms and conditions apply to all types of services Healthier ("Healthier", "we", "us", "our" or "ours") offer, both direct and indirect. The terms "you", "your", "yourself", "yours" and "customer" refer to the individual person or corporation who subscribes to our newsletters and offers, creates an account with us or buys a service (whether complete/incomplete, successful/unsuccessful) through this website. The terms "Final Party" and "Service Provider" refer to the Organization that is advertised on Healthier regardless of whether a signed deal between them and us exists or does not. Terms and conditions may be revised and modified occasionally, hence, it is advisable not to familiarize yourself with them at any point in time, but review them each and every time you use any of our services. Services (direct and indirect) apply to everything provided online, through mobile devices and computers of all platforms, by email, telephone, post or through direct contact with our officers. You accept that you have read, understood and agreed to the terms and conditions (as well as our privacy policy) below, if and when you make use of our service in any way, including but not limited to browsing this website, or buying a service.

Legal Use

Your utilization of any of our services warrant that you will not make unlawful use of this website or any contents and materials we provide through other means with which we correspond with you or final parties on your behalf.

Our Service Scope

Healthier offers Healthcare Service of all types, which include diagnostic services, specialist consultations, home care, vaccinations etc. The provision of these services are found on the website through which you can purchase your Healthcare service. By buying Healthcare service through us, you enter into a legally binding agreement with the direct service provider (diagnostic centers, clinics and the likes) with which your service is provided, right after you purchase your service, Healthier acts simply as a mediator between you and the service provider. We pass along information you have provided to the Service Provider, the accuracy of information provided on the website is exclusive to the service providers who are responsible for updating their accounts with Healthier on their current status. Though we aim to provide information about Service Providers that are as correct as possible, we will not confirm, neither will we guarantee that they are complete or accurate. Choosing a service provider is entirely your decision and we cannot bear any liability for any disappointments that is met.

Price Guarantee & Currency Exchange Rates

Healthier presently offer ways to make payment including option to pay in Cash at the Service Provider and another option to pay cash or transfer into our locally operated Bank Account; An international bank transfer can also be done for users that are not in Nigeria. The use of ATM Card payment option is being developed and the link will be provided on the website. Users outside Nigeria may pay directly to the Service Provider.

Third Parties

While Healthier ensure that only vetted service providers are available on its platform, Healthier does not participate in the management of the third parties. The backlinks provided to service providers are not an endorsement of the contents, as Healthier is not involved in operations on such websites and is not responsible for your use of these websites.

Cancellation & no-show policy

Healthier will give full refund of amount paid but not yet transferred to the Service provider(less bank charges).. Refunds of money already paid to the final party will attract the service provider cancellation/no-show charges and also have our delivery/execution of operations cost deducted. Healthier will not be accountable for or entitled to reimburse payments made directly to the Service Provider. Any of such refunds that come through us are only so on request by the Service provider and are not in any way our obligation. Service providers can only apply cancellation charges to payments already received by them and are fully responsible for payments made directly by clients by electronic means. Healthier will not be answerable to any incidence of late or no payment by the customer to the Service Provider. To that end, we advice all final parties (having a signed deal with us or not) to ensure they provide alternative means of receiving long distance payments, much preferably in the form of a Nigerian Bank Account.

Further Correspondence

Right after you purchase your service through the Healthier, You will confirm your payment with email and SMS or advice us on how you intend to make payment, if you have not already done so (Please note that we cannot guaranty the availability of Service without prepayment) We also welcome your feedback on service delivery and your experience at the service provider.

Customer Ratings and Reviews

Ratings and reviews of Service Providers are given by the public. Healthier has no control over the rating tendencies and we cannot guarantee that the reviews are accurate or true, most of which are solely dependent on the likes and dislikes of the individual.

Disclaimer

Healthier bears no responsibility for any liability that may arise, either to the service provider, customer or any government agency. All final parties that offer Pay on Arrival options are liable for any loss they may incur and have to take their own measures to ensure they receive payments from customers.

Healthier Privacy Policy

When it comes to your privacy, nobody is more interested in protecting you than we are. We hinge our entire brand promise on making things easier and safe for our users. We are 100% committed to ensuring that every personal information you give us in the course of a transaction is secure and safeguarded. Our Privacy Policy is a document that describes how we collect, use and process any personal information you give us. We also tell you how you can reach us if you have questions about your personal data or about our use of cookies. Healthier offers healthcare services through its official website and other owned media (including but not limited to the Healthier mobile app, its social media, emails and phone correspondences). The information describing our Privacy Policy applies to all of these platforms but does not apply to the practices of companies that Healthier does not own or control, or of persons that Healthier does not employ or manage, including any third-party content contributors bound by contract and any third-party websites to which Healthier websites link. Healthier may make occasional modifications to its Privacy Policy, so visit this page regularly to be updated. If you do not agree with our Privacy Policy, you should discontinue using Healthier and its services.



PRIVACY

What kind of personal information does Healthier use?

To successfully complete your purchase, Healthier asks for your name and email address. We might also request for your telephone number and payment details. You can however use our website without submitting this information; it is only required to process your purchase. We suggest that you create a user account to manage your healthcare services, which makes it simpler to save your personal settings, review previous services and manage future services. Note that even when you do not make a reservation, we may collect certain information, like your IP address, the type of browser you are using, information about your device’s operating system, language and geographical information.

How secure is your information on Healthier?

Your Healthier Information is protected for your privacy and security. In certain areas of our websites, as identified on the site, we use industry-standard SSL-encryption to protect data transmissions. We also safeguard your personal information from unauthorized access, through access control procedures, network firewalls and physical security measures. Further, Healthier retains your personal information only as long as necessary to fulfill the purposes identified above or as required by law. This privacy policy covers Healthier’s treatment of personally identifiable information collected by Healthier through a website owned and operated by Healthier. This privacy policy does not apply to the practices of companies that Healthier does not own or control, or of persons that Healthier does not employ or manage, including any third-party content contributors bound by contract and any third-party websites to which Healthier websites link.

Information Sharing and Disclosure

Healthier may disclose your personal information to third parties who work on behalf of Healthier to provide products and services requested by you. We will share personal information for these purposes only with third parties whose privacy policies are consistent with ours or who agree to abide by our policies with respect to personal information. Healthier may otherwise disclose your personal information when: - We have your express consent to share the information for a specified purpose; - We need to respond to subpoenas, court orders or such other legal process; - We need to protect the personal safety of the users of our websites or defend the rights or property of Healthier; - We find that your actions on our websites violate the Healthier Terms of Use document or any of our usage guidelines for specific products or services.

How can you control the personal data you have given to Healthier?

Even after giving us your personal information, you reserve the right to review what you have submitted to Healthier. To request for an overview of your personal data, send an email to Healthier@bestratedhospitals.org Please write ‘Enquiry about Personal Information’ in your email subject line and include a copy of your national identity card, drivers’ license, international passport or any other credible means of identifying you. We will not permit unauthorized access to individuals looking to access your personal data. We will update your personal information at your request if what we have on record is incorrect. You may similarly request for us to remove your personal data from our customer database by sending an email requesting it to Healthier@bestratedhospitals.org with subject line ‘Request for removal of personal information’ in your subject line. Note that we may need to retain certain information (e.g. for legal or administrative purposes, like record keeping or to detect fraudulent activities). You can also delete your account by signing in to Healthier and deleting your account.

Questions and Suggestions?

If you have questions or suggestions about this privacy policy, or your own personal information, please e-mail us at Healthier@bestratedhospitals.org.



USE OF THE SITE

USER SUBMISSIONS

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

INFORMATION AVAILABLE ON WEBSITE

You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee. Service representations expressed on this Site are those of the service provider and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.

ACCESSIBILITY OF WEBSITE

Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

LINKS AND THIRD PARTY WEBSITES

We may include links to third party websites at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise. In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites. Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.

INTELLECTUAL PROPERTY

Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us. Use of such material will only be permitted as expressly authorized by us. Any unauthorised use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

DATA PROTECTION

Any personal information collected in relation to the use of this website will be held and used in accordant with our Privacy Policy, which is available on our Site.

INDEMNITY

You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms of Use and User Agreement.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Use shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any or all of your rights granted under the Terms and Conditions of Use. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of First Aesculapius Nigeria Limited and its subsidiary Best Rated Hospitals in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

SEVERABILITY

If any portion of these terms or conditions 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 these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.

MISCELLANEOUS PROVISIONS

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.



OPERATING GUIDELINES AND AGREEMENT FOR SERVICE PROVIDERS

• Guidelines Changes

• Fees and Commissions

• Service Profiling Guidelines

• Appointment and Cancellation

• Promotion Guidelines 

• Payment Terms Conditions and Payment Schedule

• Penalties

• Delisting




Guideline Changes


Any Change to the following Guidelines will be communicated via registered Email to Service Providers or updated in the Guidelines that can be downloaded from the Provider Dashboard part of Healthier.
Service Providers must have a dedicated service track solely for Healthier customers with better service metrics from that of regular customers. Service Provider must guarantee immediate service delivery on for Healthier customers.

Fees & Commissions


Healthier’s commission is clear and transparent based types of Service offered by Service Providers. Service Providers will pay Healthier a commission of 10% and will also offer a 2-5% discount on Services offered on Healthier, which is better rewarding than the industry standard of 20% commission for referrals.

Service Profiling Guidelines 


Service Providers are responsible for profiling Services on the Provider Dashboard. They will upload an attractive description of the Service and Service Logo, which they will ensure are up to Healthier standards. Service logo should be in JPEG, PNG and GIF formats, with white background. Watermarked logos are not allowed and advised image size is 680x850 pixels.

Appointment & Cancellation

No cancellation should ordinarily occur, but in the case of service provider cancelling confirmed appointments, they will be charged the cost of commission on the service for every appointment cancelled by the service providers. Note that users may cancel appointment anytime before payment, but are liable to handling fees if transfer has been done to service provider. The service provider must be ready to provide service at the stated time, non availability of service at appropriate time will be deemed cancellation by the service provider. Service provider should profile their services on the provider dashboard, with attractive service logos, which may motivate the user to patronize particular service provider

Promotion Guidelines

Service Providers can offer promotion campaigns to a customer that is based on special prices offered to the customers. Service Providers have the obligation to respect their commitment, both in terms of price and service features offered for the promotion. In case of default on commitment by Service Provider on promotion offered, Healthier reserves the right to apply sanctions as per section below (see Sanctions section). Service Provider must keep in mind that the discounts provided through the promotion feature is a discount based on the original selling cost of the service.

The Heart Tracker

The Heart Tracker’ is a preventive Cardiac Health screening services offered to customers exclusively on the Healthier platform. Service providers agree to offer ‘The Heart Tracker’ at the price quoted on Healthier.

Payment Terms Conditions 


As much as possible, Service Providers will receive payments for services within 24 hours of services being confirmed. A confirmation mail is sent to both the service provider and the customer. Payments would be reconciled every month end. Payments may be made on the next working day, if service booking occurred on holiday.

Penalties 


Healthier has high operating standards for Service Providers. Service Providers will be penalized if they do not respect the contract terms, the penalties are: Cancelled Services: Services cancelled by the provider after order is confirmed, provider will be charged a penalty of twice the Commission value
 Late Services: Services not delivered within 1 hour of customer presenting at the service provider, provider will be charged a penalty of the standard Commission value.


Delisting Service

Services with poor customer satisfaction will be delisted. Services with poor customer satisfaction are services that >50% of customers rate the service 2 star and below in a specific month. Service Provider: Providers that have high cancelled and Late service rates of > 4 per month will be delisted with notice. Once delisted, the Service providers will not be able to update their uploaded services. Delisting will have no impact on the payments of Service providers. Service Providers will pay a delisting fee of N100,000 or its equivalent for re-listing on the Healthier portal. If a Service Provider has been delisted more than 2 times will not be re-listed on Healthier. All requests regarding Service Provider management should be made via the following channels: healthier@bestratedhospitals.org, @Healthier_BRH