Terms of Service

These Terms of Service is a legal agreement ("Agreement") between you (the "user," "you," "your") and Machi Kunzult Ltd. ("Machi Kunzult," "we," "our," or "us"), a platform owned and managed by Machi Kunzult Ltd, a private limited company registered under the laws of Nigeria.

As used in this Agreement, "Service" refers to Machi Kunzult's services, as well as our website, any components, documentations, hardware, internet-based services, programs, software, tools, and any updates provided to you by Machi Kunzult.

Interpretation

The following definitions and interpretation will apply in this Agreement:

1. Machi Kunzult Services

Machi Kunzult provides convenient virtual and in-person consultations with experienced doctors and specialists through MachiCare. Our platform facilitates streamlined appointment bookings via user-friendly mobile apps, ensuring efficient and personalized care. We provide specialized services spanning dentistry, optometry, laboratory services, gym facilities, and spa treatments, all aimed at prioritizing your holistic well-being.

2. Privacy Notice

By using our Services, you consent to the collection, storage, transfer, and use of your information as described in our Privacy Notice. The terms on which we process any personal information are available on our website, and by using the Services, you agree to the Privacy Notice and warrant that all data you provide is reliable, verifiable and accurate.

3. Amendment of Terms

We may amend the Terms from time to time. You should visit our website regularly to review current Terms. We will notify you of any amendments that materially affect your rights. The continued use of your account after any amendment constitutes your acceptance of the Terms as modified.

4. Using the Services

4.1. Our Services

MachiCare: Our healthcare App revolutionizes healthcare by offering convenient access to medical services, personalized health records, and seamless communication between patients, doctors, and administrative staff.

4.2. User Mobile App Features

• Onboarding and user registration
• Secure login with email and SMS verification
• Comprehensive dashboard with health records overview
• Basic health records access
• Appointment booking, rescheduling, and cancellation
• Secure communication channels with healthcare providers
• Real-time health news and events
• Prescription access and medication reminders
• Marketplace for health and wellness products

4.3. Freelance Doctor Mobile App

Freelance doctors can register, manage appointments, communicate with patients through secure video/chat sessions, and access our marketplace.

4.4. Web App Roles

Our web app provides different access levels for:

• Hospital Administrators: Manage operations, doctor/admin registrations, appointments, and earnings
• Doctors and Lab Scientists: Access patient records, prescribe medications, record lab results
• Staff and Nurses: Manage appointments, take patient vitals, coordinate care
• Pharmaceutical Vendors: Upload products, manage sales (90% revenue share, 10% to Machi Kunzult including VAT)

4.5. Eligibility

By opening an Account, you warrant that:

• You are 18 years of age or over
• You will not open accounts under any name except your own
• You will not have more than one account
• You will not use the account for illegal activities

4.6. Availability of Services

We do not guarantee availability of the Services at all times. Availability may be subject to limitations, delays, and other problems inherent in Internet use.

4.7. License to Use

If you comply with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Site and Services.

4.8. Restrictions

You may not:

• Breach security features or gain unauthorized access
• Copy, modify, or create derivative works
• Reverse engineer or decompile the Services
• Remove intellectual property notices
• Use automated tools to scrape or index the Services
• Transmit harmful software or malware
• Create fraudulent accounts
• Engage in abusive, fraudulent, or unlawful behavior

5. Links to Other Websites and Services

The Services may contain links to third-party websites ("Linked Services"). Machi Kunzult is not responsible for Linked Services. You access them at your own risk and are responsible for reviewing their terms and conditions.

6. Prohibited Activities

You will not:

• Use the Site to engage in illegal activities or tax evasion
• Interfere with the rights of Machi Kunzult or other users
• Falsify or omit information
• Harm or attempt to harm Machi Kunzult or third parties
• Violate applicable laws or these Terms

Machi Kunzult may address Prohibited Use through sanctions including reporting to authorities, confiscation of funds, suspension, or termination of access.

7. Intellectual Property

All trademarks, logos, and content related to Machi Kunzult Services are the exclusive property of Machi Kunzult or its licensors. You may not copy, imitate, or use them without prior written consent.

8. General Terms

8.1. Limitation of Liability

To the maximum extent permitted by law, Machi Kunzult shall not be liable for any indirect, incidental, special, consequential, or punitive damages, loss of profits, data loss, business interruption, or any other damages arising from your use of the Services.

8.2. Indemnity

You agree to indemnify and hold Machi Kunzult harmless from any claims, demands, fees, or liabilities arising from your breach of this Agreement or use of the Services.

8.3. No Warranty

The Services are provided "as is" without any warranty, express or implied. We do not guarantee continuous, uninterrupted, or secure access to the Services.

8.4. Notices

We may communicate with you electronically about your Account and the Services. Electronic communications are considered received within 24 hours of posting or emailing.

9. Actions by Machi Kunzult for Restricted Activities

If we believe you have engaged in Restricted or Prohibited Activities, we may:

• Close, suspend, or limit access to your Account
• Hold, apply, or transfer funds as required by law
• Refuse to provide Services in the future
• Hold funds to protect against liability

10. Termination

Machi Kunzult may terminate your access to the Services at any time, with or without notice, for violations of these Terms or other reasons. We may also suspend your account if we believe it has been compromised or is being used fraudulently.

You may terminate this Agreement by closing your Account at any time. Any pending transactions will be canceled upon closure.

11. Fiduciary and Brokerage Services

Machi Kunzult does not offer fiduciary or brokerage services, including investment advice and portfolio management. You use the Services at your own risk.

12. Dispute Resolution

12.1. Contact Machi Kunzult First

Disputes may be reported to support@machikunzult.com at any time.

12.2. Mediation

If negotiation fails after 14 days, disputes shall be settled by mediation. If mediation fails, parties shall apply to Lagos Multi-Door Court (LMDC) for dispute resolution.

12.3. Arbitration

If mediation is unsuccessful, parties may elect binding arbitration through a mutually agreed ADR provider.

12.4. Law and Forum

This Agreement is governed by the laws of Nigeria. Any claims must be resolved by courts located in Nigeria.

12.5. Time Limitation

Any cause of action must commence within one (1) year after it accrues.

12.6. Class Actions

Arbitration will only be on an individual basis. Class actions and class arbitrations are not permitted.

13. Miscellaneous