This Terms and Condition for Use of Quickcare Clinics Limited’s website is a legal agreement (Agreement) between You, (hereinafter referred to as “Users” , “Your”) and the Quickcare Clinics Limited, a private limited company incorporated under the Laws of the Federal Republic of Nigeria, with Registration (RC) Number 1406074 (hereinafter referred to as “QUICKCARE‘ “We” “Us” ) providing, among other things, the terms and conditions for Your membership to and use of subscription services, primarily a web-based practice management software hosted and managed remotely (the ‘Services‘ or ‘Website Services’) through the website located at www.quickcareng.com ( the ‘Website‘).
Read the Terms and Conditions carefully. Your use of the Website Services means consenting to these Terms and Conditions. Users can archive the copy of this Agreement for their records.
These Terms and Conditions may be modified from time to time at QUICKCARE’s sole discretion and the Users may not be notified. It is Your responsibility to review these Terms and Conditions from time to time. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Website Services after any amendments are posted on the Website. QUICKCARE reserves the right to include additional terms and conditions to provide additional services or programs. Users shall be bound by the same upon participation in such services or programs.
Users represent that they have read, understood and have agreed to be bound by this Agreement. The Website Services are available to legal entities or individuals aged eighteen (18) years and above. By using the Website, Users represent that they are at least eighteen (18) years old.
Users are solely responsible for the confidentiality of any password and other account information that they create in order to access or use the Services. Users agree to notify Us immediately on any unauthorized use of their account, user name, or password.
Users also agree that QUICKCARE is not liable in any manner for any loss that Users may incur as a result of any third party using Your password, either with or without Users’ knowledge. Users are solely liable for any losses incurred by QUICKCARE, its affiliates, officers, directors, employees, consultants, agents, and representatives due to misuse of Your account or password. Log-in to your account shall be used by one person. Multiple people are not permitted to share the same/single log-in.
SERVICE AND USE OF WEBSITE
QUICKCARE provides Services through the Website www.quickcareng.com a practice management solution through the Software as a Saas model. The details of the Services are provided in the SLA. Use of the Website and its Services may require Users to use the software provided by or operated from the Website, and on occasion, QUICKCARE may make certain software available to Users from the Website. To the extent you use such software or download such software from the Website, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software“) will be deemed to be licensed to QUICKCARE, for providing Services to Users and enabling Users to use those Services only. QUICKCARE does not transfer either the title or the intellectual property rights to the Software, and We (or our licensors) retain full and complete title to the Software as well as all intellectual property rights therein. Users may not sell, redistribute, or reproduce the Software, nor decompile, reverse-engineer, disassemble or otherwise convert the Software to a human-perceivable form.
- provide to Users basic support for the Services at no additional charge, and/or upgraded support if purchased separately;
- use commercially reasonable efforts to make the Services available twenty-four (24) hours a day, seven (7) days a week, except for:
- planned downtime (of which We shall give at least 8 (eight) hours’ notice via the Services and which we shall schedule to the extent practicable during the weekend hours from [6:00 pm]. Greenwich Meridian Time (GMT) Friday to 6:00 am. Greenwich Meridian Time (GMT) Monday or
- any unavailability caused by circumstances beyond QUICKCARE’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving QUICKCARE’s employees), or Internet service provider failures or delays;
- and provide the Services only in accordance with applicable laws and government regulations.
More details can be read from the SLA.
- The usage of QUICKCARE’s Services may be subject to limitations, such as limits on the number of registered Staff within Users practice, on the number of calls Users are permitted to make against Our application programming interface, and other limitations dependent on the User plan, for example. The Services provide real-time information to enable QUICKCARE to monitor Users compliance with such limitations.
- the use of the Services is restricted to the number of those that subscribed to your medical practice.
- data Storage is limited to ten (10) GigaByte per Medical Doctor. Storage beyond that will be charged as per prevailing data storage rates charged by QUICKCARE.
- membership is non-transferrable to any other User.
- User cannot sub-license the Membership or Subscription or any part thereof to any other entity.
- We may suspend Users’ ability to use or access the Website Services at any time while complaints or alleged violations of this Agreement are being investigated, or for any other reason within QUICKCARE’s sole discretion.
All Users agree to adhere to the below code of conduct while using the Website, software and/or Website Services, Users agree not to:
- restrict or inhibit any other visitor or member from using the Website Services, including, without limitation, by means of “hacking” or defacing any portion of the Website;
- use the Website, software and/or Service for any unlawful purpose;
- express or imply that any statements Users make are endorsed by QUICKCARE; and
- any material, non-public information about companies without the authorization to do so;
- any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on QUICKCARE’s or any third party’s intellectual property or other rights;
- any trade secret of any third party;
- any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
- any job posting involving any franchise, club membership, distributorship or sales representative agency arrangement or other business opportunities;
- any software or other materials that contain any virus, worm, time bomb, trojan horse, or other harmful or disruptive component;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or its Services;
- remove any copyright, trademark, or other proprietary rights notices contained in the Website or in on Website Services;
- “frame” or “mirror” any part of the Website and its Services without our prior written authorization;
- link to any page of or material on the Website other than the URL located at quickcareng.com;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; and
- harvest or collect information about Website visitors or members without their express consent.
PAYMENT, FEES, AND TAXES
- Users agree to pay all membership fees, subscription fees, consulting fees and other fees applicable to Your use of Services and You shall not circumvent the fee structure. The fee is dependent on the User plan that Users purchase and not on actual usage of the services.
- all fees are non-refundable
- each User / Member is solely responsible for payment of all taxes, legal compliances, statutory registrations, and reporting. QUICKCARE is in no way responsible for any of the taxes except for its own income tax.
METHOD OF PAYMENT
The Fees could be paid online through the payment gateway provided on the Website. Third parties’ support and services are required to process online fee payment. QUICKCARE is not responsible for any loss or damage caused to the User during this process as these third parties are beyond the control of QUICKCARE.
The Fees could be made by the User on QUICKCARE designated and approved bank account to be provided on the Website. QUICKCARE considers the payment process to be complete only upon receipt of the amount in QUICKCARE ‘s designated bank account. All Fees are exclusive of taxes. Additional taxes may accrue as per the legislation of the country in which the subscription is being purchased.
Fees not received within the specified due dates attract late charges of five (5) % per annum from the due date of payment. The interest shall be charged at the discretion of QUICKCARE.
QUICKCARE reserves the right to modify the fee structure by providing a thirty (30) day prior notice, either by notice on the Website or through email to the User, which shall be considered as valid and agreed communication.
In order to process the payments, QUICKCARE might require details of your bank account, credit card number etc. Please check our www.quickcareng.com/PrivacyPolicy on how QUICKCARE uses the confidential information provided by the User.
On non-payment of fee for a continuous period of two (2) months, QUICKCARE reserves the right to discontinue offering the Services to the Users and delete all information in the Users account, apart from reserving any legal recourse available.
INTELLECTUAL PROPERTY (IP)
QUICKCARE grants the Users a limited license to access and, if you are a Member, to use this Website internally for the Website’s Services of ordering, receiving, delivering and communicating only as per this Agreement. User must not sell, copy, reproduce, modify, distribute, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Website in any way other than those listed in this Agreement, including for any public or commercial purposes. Users must not use any content of this Website on any other website or in a networked computer environment for any purpose other than viewing. Users shall not reverse engineer or attempt to interfere with the operation of any part of this Website or of any Website Services. QUICKCARE retains all its rights, title, and interest in all copyrights, know-how, trade secrets, trademark, logo, the name QUICKCARE, design and features on the Website. All other product names, marks, logos, symbols used on the Website and on Website Services may be the trademarks of their respective owners.
USERS CONTENT IN OUR SERVICE
QUICKCARE service allows Users to upload, download and store content, including but not limited to, information, text, graphics, videos, audios, or other material (“Content”). Users retain ownership of any intellectual property rights that they hold in that Content. When Users upload, store, send or receive Content to or through our Service, Users give QUICKCARE and its service partners a worldwide license to host, store, upload and download this Content and only for the purpose of providing Services strictly to Users and for the use of the Content. The IP of the data that Users input belongs to the Users. QUICKCARE are simply custodians of the data and cannot use the data for any purpose other than for offering the software service and for troubleshooting any issues Users report. Users can extract their data at any point in time in the universally acceptable Comma Separated Values File (CSV) format from the EMR cloud report portal. Detailed information about the security mechanisms employed to safeguard Users data can be viewed here www.quickcareng.com/security
Users acknowledge that Website Services is confidential in nature and constitutes a trade secret belonging to QUICKCARE. Users agree that any unauthorized access of the Website Services to a third party in contravention of this clause constitutes a material breach of this Agreement, and that in such a case, the license granted by this Agreement shall be terminated and the User will be strictly liable for all loss or damage to QUICKCARE that results from such disclosure.
QUICKCARE may disclose Users personal and other information which You provide, to another third party as part of a reorganization or a sale of the assets of a QUICKCARE’s division or company. Any third party to which QUICKCARE transfer or sell assets to will have the right to continue to use the personal and other information that Users provide to QUICKCARE.
AFFILIATED / EXTERNAL SITES
The QUICKCARE website may be linked to the website of third parties, affiliates, and business partners. QUICKCARE have no control over, and not liable or responsible for content, accuracy, validity, reliability, quality for such websites or made available by/through its Website and its Services. Inclusion of any link on QUICKCARE Website or on our Services does not imply that QUICKCARE endorses the linked site. Users use the links and these services at their own risk.
Users acknowledge and agree that the contents of the Website and its Services, do not constitute professional medical or healthcare advice, diagnosis or recommendation of treatment and are not intended to, nor should be used to, replace professional medical advice. In no circumstances should the contents of the Website and its Services be relied upon without independent, consideration and confirmation by a qualified medical practitioner.
While the Website Services provide alerts and warnings to interactions of certain pharmaceutical products, We do not represent or warrant that the list of such interactions in the Website Services is complete or comprehensive. It is the sole responsibility of any prescribing medical practitioner using the Website Services to ensure that all current products and prescription information in relation to pharmaceutical products referred to in Website Services has been read and understood prior to the prescription of any pharmaceutical product.
The Website Services provides alerts to interactions of certain pharmaceutical products with certain diseases as well as warnings noted in the Product Information of individual pharmaceutical company products. QUICKCARE does not represent or warrant that the data set used by the Website Services to produce these alerts and warnings is complete or comprehensive.
These alerts and warnings are based on information provided by pharmaceutical companies and clinical sources considered to be reliable to enable Users of the Website Services to exercise their own professional judgment, having regard to, among other things, a particular patient’s condition and other prescribed medication, as to whether a particular pharmaceutical product should or should not be prescribed. The information in the Website Service is provided on an “AS IS” basis and any alert or warning (or lack thereof) does not constitute a recommendation or advice by QUICKCARE to take or refrain from taking any course of action including, but not limited to, the prescription of a particular pharmaceutical product. QUICKCARE does not recommend, advice or warrants that the information provided by pharmaceutical companies and clinical sources is correct or true. The User acts at its own risk.
While the Website Service provides certain basic record keeping and accounting features to help with accounting, this by no means does not imply that it is a comprehensive accounting system. The features are not to be interpreted as complete and compliant with various taxation laws relevant in Nigeria. In no circumstances should the accounting features of the Website Services be relied upon without independent, consideration and confirmation by a qualified chartered accountant or other tax consultants.
User acknowledges and agrees that if any messages, data, images or documents (herein referred to as “message“) sent or received utilizing the Website Service’s messaging facility (where messages can be sent or received by the Website Service to or from the internet and external software or systems) are sent or received at User’s risk. QUICKCARE or its technical partner(s) shall not be liable for any loss, claim, damage or injury arising from the non-receipt of or a failure to any loss, claim, damage or injury arising from the non-receipt of or a failure to deliver a message or if any message is incomplete, corrupted or in error. User should communicate separately with external message/data senders or recipients to verify the receipt of messages utilizing the Website Service’s messaging facility.
The Services provided by QUICKCARE or any of our licensors or providers are provided “AS IS” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). QUICKCARE makes no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the Website by any third party.
The Users are solely responsible for compliance with all applicable laws, including patient history, medical records, confidential information, and privacy laws. QUICKCARE is a facilitator for practice management and provides medical technology platform. QUICKCARE is in no way responsible, liable, accountable for patient information available on the software provided by Us.
The Users agree to indemnify and hold harmless QUICKCARE, its products, affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from the access to or use of Website and its Services, Users’ violation of this Agreement, or infringement, or infringement by any other user of Users’ account, of any intellectual property or other right of any person or entity. QUICKCARE will promptly notify the User of any such claim, loss, liability, or demand, and in addition to Users foregoing obligations, Users agree to provide QUICKCARE with reasonable assistance, at its own expense, in defending any such claim, loss, liability, damage, or cost.
Users can terminate the Website Services at any time by providing thirty (30) days of prior written notice to email@example.com. QUICKCARE needs this period to inactivate Users account, only after verifying if there are any ongoing or pending Services or payments. QUICKCARE may want Users to continue until the completion of an on-going Service should the situation warrant. Users shall be obligated to pay QUICKCARE for any Services for which Users have procured.
QUICKCARE reserves the right to terminate any account in case:
- Users breach any terms and conditions of this Agreement;
- where QUICKCARE is unable to verify or authenticate any information provided by Users;
- Users become Insolvent or cease to carry on business;
- Users do not accept the changes in the terms and conditions of the Agreement;
- QUICKCARE in its sole discretion believes that Users actions may cause legal liability for Us, Our Users or for Our technical partners or are contrary to the interests of the Website Services.
Once temporarily suspended, indefinitely suspended or terminated, Users may not continue to use the Website Services under the same account, Users may need to use a different account or re-register under a new account. On termination of Users account due to the reasons mentioned herein, Users’ shall no longer have access to data, messages, files and other material kept on the Website or stored and kept through Website Services.
Users should ensure that they have a continuous backup of the Services rendered in order to comply with their record keeping process and practices.
In the event that QUICKCARE suspend or terminate Users registration or account, QUICKCARE reserve the right but not an obligation to notify other Members and provide them the reason for the action that they have taken.
Even after termination, certain obligations mentioned under Warranty Disclaimer, Limited Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
All of the Users content and data will be deleted ninety (90) days after cancellation or termination of Your account. This information will not be able to be recovered. QUICKCARE recommends that Users use the export functionality of the Service prior to cancellation to retain any information You may require. Failure to pay Your subscription fees will result in Your account being suspended. Accounts are suspended for a maximum of ninety (90) days before the account may be terminated by Us. We are not responsible for any loss You suffer as a result of such suspension or termination. A suspended account can be reactivated by supplying valid payment credentials and resuming Your subscription. Users can request for their clinic data within ninety (90) days after the effective date of termination of Membership. QUICKCARE will make available to Users to download a file of their Data in comma separated value (CSV) format. After such ninety (90) day period, QUICKCARE shall have no obligation to maintain any of Users Data.
Support Services, at the sole discretion of QUICKCARE, may take the form of either telephone advice or error correction by means of internet, e-mails or any other mode of communication in accordance with QUICKCARE’s current procedures governing the performance of such services.
QUICKCARE may at its discretion provide emergency Support Services beyond the published operating hours. Such emergency Support Services may require User to pay an additional charge to QUICKCARE.
If you have any questions, issues, complaints regarding any of Our Services, please contact our customer service at firstname.lastname@example.org.
USER’S OBLIGATIONS IN RELATION TO THE SUPPORT SERVICES
- Where Users request Support Services involving alleged errors or defects in the Website Services, Users shall provide to QUICKCARE a documented example of the alleged error or defect;
- User shall, if requested by QUICKCARE, provide a listing of output and any other data We reasonably require in order to reproduce operating conditions similar to those existing when any alleged error or defect in the Website Service was discovered by User.
For the avoidance of doubt, the Support Services do not include:
- correction of errors or defects caused by User’s operation of the Website Services in a manner other than as authorized by QUICKCARE;
- correction of errors or defects caused by the use of the Website Services by a person not authorized by QUICKCARE;
- correction of errors caused in whole or part by the use of software other than the Website Services;
- correction of errors which, in the opinion of QUICKCARE, were caused by the failure of User to provide suitably qualified and adequately trained staff to operate the Website Services;
- training of User’s staff;
- rectification of errors arising from faults in the hardware on which the Website Service is being accessed from or any device connected to that hardware; and
- maintenance of User’s computer network.
QUICKCARE’s goal is to provide Services efficiently and communicate effectively with Users / Members to prevent any dispute. Should a dispute arise between User and QUICKCARE, User shall agree with QUICKCARE to resolve such dispute quickly and cost-effectively. Any dispute which cannot be mutually resolved by the Parties within this period shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act Cap A18 LFN 2004, or any statutory re-enactment or modification thereof. The Arbitration panel shall consist of one (1) arbitrator to be appointed by the President of the Lagos State Court of Arbitration. The arbitral proceedings shall be held in Lagos, Nigeria and shall be conducted in the English Language.
NOTICES AND COMMUNICATION
QUICKCARE communicates with Users through the email address they have provided. It is the Users responsibility to keep the email address and snail mail address updated at all times. Users shall consent to receive communications from QUICKCARE electronically and agree that these electronic communications satisfy any legal requirement that such communications be in writing. If Users fail to respond to an email message regarding violation, dispute or complaint within two (2) business days, QUICKCARE reserve the right to terminate or suspend their account.
All notices to QUICKCARE intended to have a legal effect must be in writing and delivered to the address as given on www.quickcareng.com/About us
SEVERABILITY – WAIVER
If any provision of this Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
QUICKCARE Electronic Medical Records Service Level Agreement
The purpose of the QUICKCARE Electronic Medical Record (“EMR”) Service Level Agreement (“SLA”) is to formalize our commitment to our valued health care professional users (“Clients”). Our SLA is intended to memorialize the specific level of support that QUICKCARE promise to provide to User. This SLA may evolve over time, with additional knowledge of Users requirements, as well as the introduction of new application and services into the support portfolio, Clients are advised to always check for updates.
The following definitions shall apply to the QUICKCARE EMR SLA.
“Downtime” means, for the EMR, if there is more than a five percent (5%) of the user community issue rate. Downtime is measured based on server side issue rate;
“Downtime Period” means, for the EMR, a period of twenty consecutive minutes of Downtime. Intermittent Downtime for a period of less than twenty minutes will not be counted towards any Downtime Periods;
“Covered Services” means the web-based hosted solution. This does not include the QUICKCARE website, support site, or any other additional QUICKCARE, a branded site that does not pertain directly to the EMR system;
“Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in a calendar month, divided by the total number of minutes in a calendar month;
“Scheduled Downtime” means those times where QUICKCARE, notifies Client of periods of Downtime at least twenty four hours prior to the commencement of such Downtime. There will be no more than seventy-two (72) hours of Scheduled Downtime per the calendar year. Scheduled Downtime is not considered Downtime for purposes of this QUICKCARE EMR SLA, and will not be counted towards any Downtime Periods;
“Service” means the service provided by QUICKCARE, to Clients under the applicable QUICKCARE Term of Use Agreement;
“Service Credit” means the following:
|Monthly Uptime Percentage||Days of Service added to the end of the Service term, at no charge|
|< 99.9% – > 99.0%||1|
|< 99.0% – > 95.0%||3|
Scope of Agreement
During the term of the applicable QUICKCARE EMR SLA, the QUICKCARE EMR Covered Services web interface will be operational and available to Users at least 99.9% of the time, excluding scheduled downtime, in any calendar month (the ” QUICKCARE EMR SLA”). If QUICKCARE does not meet the QUICKCARE EMR SLA, and if Clients meets its obligations under this QUICKCARE EMR SLA, Client will be eligible to receive the Service Credits described below. This QUICKCARE EMR SLA states Client’s sole and exclusive remedy for any failure by QUICKCARE, to provide the Services covered by this SLA.
The Client has the following general responsibilities under this SLA:
The Client will conduct business in a courteous and professional manner with QUICKCARE. The Client must notify QUICKCARE, and request the Service Credit within thirty days (30) from the time the Client becomes eligible to receive the Service Credit. Service credit is only available to Clients who are actively enrolled in the paid subscription version of the QUICKCARE EMR service and have no outstanding payments.
Failure to comply with these few responsibilities will forfeit the Client’s right to receive a Service Credit.
Maximum Service Credit
The aggregate maximum number of Service Credits to be issued by QUICKCARE to Client for any and all Downtime Periods that occur in a single calendar month shall not exceed seven days (7) of Service to be added to the end of Client’s term for the Service. Service Credits may not be exchanged for, or converted to, monetary amounts.
The QUICKCARE EMR SLA does not apply to any services that expressly exclude this QUICKCARE EMR SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors outside of QUICKCARE, reasonable primary control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving QUICKCARE employees), or Internet service provider failures or delays, and; (ii) that resulted from Client’s equipment or third-party equipment, or both (not within the primary control of QUICKCARE.
For any questions, concerns or requests for Service Credits please contact QUICKCARE, by submitting a request at the address provided at www.quickcareng.com/About us.