KokoFP TERMS AND CONDITION

Calm Global Information Technologies Limited ("Company") is the author and publisher of the internet resource www.KokoFP.com, the mobile application or kiosk service known as 'KokoFP' (together, "Website"). Company owns and operates the services provided through the Website.

Disclaimer

Our services are not for emergencies. At iConsultMDs we only provide second and work with your treating physician to ensure that you have the best treatment available. provide second opinion service. If you are experiencing any of the following conditions: severe difficulty breathing, severe chest pain, confusion, loss of consciousness and extreme fatigue, thoughts of suicide or self-harm please go to the nearest emergency department.

NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions ("Terms") and the privacy policy available at https://www.KokoFP.com/company/privacy ("Privacy Policy") before you decide to access the Website or avail the services made available on the Website by Company. These Terms and the Privacy Policy together constitute a legal agreement ("Agreement") between you and Company in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are -

  1. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions ("Practitioner(s)", "you" or "User"); or
  2. A patient, his/her representatives or affiliates, searching for Practitioners through the Website ("End-User", "you" or "User"); or
  3. Otherwise a user of the Website ("you" or "User"). This Agreement applies to those services made available by Company on the Website, which are offered free of charge to the Users ("Services"), including the following:
  4. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website; For other Users: Facility to
    1. create and maintain 'Health Accounts',
    2. search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by KokoFP, and
    3. to make appointments with Practitioners.

The Services may change from time to time, at the sole discretion of Company, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time. This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@KokoFP.com.
By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of Company.

The Agreement is published in compliance of, and is governed by the provisions of Nigerian law, including but not limited to:

  1. the Nigerian Contract Act, 1999,
  2. National Information Technology Development Agency (NITDA) Act, 2007, and
  3. the rules, regulations, guidelines and clarifications framed there under, including the (Nigerian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Nigerian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Company that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

The terms in this Clause are applicable only to Users other than Practitioners.

END-USER ACCOUNT AND DATA PRIVACY

  1. The terms "personal information" and "sensitive personal data or information" are defined under the SPI Rules, and are reproduced in the Privacy Policy.
  2. Company may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of KokoFP's services and to build new services.
  3. The Website allows Company to have access to registered Users' personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
  4. The Privacy Policy sets out, inter-alia:
    1. The type of information collected from Users, including sensitive personal data or information;
    2. The purpose, means and modes of usage of such information;
    3. How and to whom Company will disclose such information; and,
    4. Other information mandated by the SPI Rules.
  5. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
    1. the fact that certain information is being collected;
    2. the purpose for which the information is being collected;
    3. the intended recipients of the information;
    4. the nature of collection and retention of the information;
    5. the name and address of the agency that is collecting the information and the agency that will retain the information; and
    6. the various rights available to such Users in respect of such information.
  6. Company shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to KokoFP or to any other person acting on behalf of Company.
  7. The User is responsible for maintaining the confidentiality of the User's account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User's account and password, whether or not authorized by the User. The User shall immediately notify Company of any actual or suspected unauthorized use of the User's account or password. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or such other parties as the case may be, due to any unauthorized use of your account.
  8. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to discontinue the Services to the User at its sole discretion.
  9. Company may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
  10. Against every Practitioner listed in KokoFP.com, you may see a 'show number' option. When you choose this option, you choose to call the number through a free telephony service provided by KokoFP, and the records of such calls are recorded and stored in Company's servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by KokoFP should be used only for appointment and booking purposes, and not for consultation on health-related issues. Company accepts no liability if the call facility is not used in accordance with the foregoing.
RELEVANCE ALGORITHM

KokoFP's relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Company. Company will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Company in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.

LISTING CONTENT AND DISSEMINATING INFORMATION
  1. KokoFP collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Company takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Company screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
  2. The Services provided by Company or any of its licensors or service providers are provided on an "as is" and "as available' basis, 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). Company does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Company does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Company disclaims all liability arising out of the User's use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Company or any User in relation to any User or services provided by such User.
  3. The Website may be linked to the website of third parties, affiliates and business partners. Company has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Company endorses the linked site. User may use the links and these services at User's own risk.
  4. Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website.
  5. If Company determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Company reserves the right to immediately suspend your access to the Website or any of your accounts with Company and makes such declaration on the website alongside your name/your clinic's name as determined by Company for the protection of its business and in the interests of Users. You shall be liable to indemnify Company for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Company or its Users.
  6. The information published under any "Industry wide city-wise Graph" is derived from a benchmarking group that is determined to be relevant by Company in the relevant city. Company has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Company is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.
BOOK APPOINTMENT AND CALL FACILITY

KokoFP enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added telephonic services which connect Users directly to the Practitioner's number provided on the Website.

  1. KokoFP will ensure Users are provided confirmed appointment on the Book facility. However, Company has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under the heads listed under the KokoFP Guarantee Program, in which case the terms of this program shall apply.
  2. If a User has utilized the telephonic services, Company reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.
  3. The results of any search Users performed on the Website for Practitioners should not be construed as an endorsement by Company of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
  4. Without prejudice to the generality of the above, Company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Company will not be liable for:
    5. a. User interactions and associated issues User has with the Practitioner;
    b. the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
    c. any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
    d. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
    e. any misconduct or inappropriate behaviour by the Practitioner or the Practitioner's staff;
    f. cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under,
  5. Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Company shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.
  6. In case of a 'Patient-No-Show (P.N.S)' (defined below), where the User does not show-up
    7. a. User's account will be temporarily disabled from booking further online appointments on KokoFP.com for next four (4) months, in case of, three (3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call the clinic via KokoFP.com to get an appointment.
    b. Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility, has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner informs Company of the incident or marks a particular appointment as P.N.S. using the KokoFP mobile App within five (5) days of the scheduled appointment, an email and SMS ("PNS Communication") will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 6(c), for not showing up, Company shall be entitled to take actions as under Clause 6 (a). However, Users understand that, actions such as ones mentioned under Clause 6(a) are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the Practitioner.
    c. Following instances, solely at the discretion of KokoFP, would be construed as valid cases of PNS ("Valid PNS"), in which case the User shall be penalized as per Clause 6 (a):
    i. User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
    ii. In case User responds to the PNS Communication with below reasons:
    a) Forgot the appointment
    b) Chose to visit another Practitioner/consulted online;
    c) Busy with other work; or such other reasons (which Company at its discretion decides to be a valid reason to not show up).
    iii. Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of Company, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
    d. Company reserves the right to make the final decision in case of a conflict. The total aggregate liability of Company with respect to any claims made herein shall be N1000.
  7. 7. Cancellation and Refund Policy
    1. In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at support@KokoFP.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 6. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
    2. Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
  1. Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Company and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
  2. It is hereby expressly clarified that, the Information that you obtain or receive from Company, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
  3. The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person's behalf), please contact an ambulance service or hospital directly.
KokoFP CONSULT
  1. Definition.
    KokoFP's Consultation is a feature owned and provided by KokoFP that allows Users and Practitioners to communicate, either on unpaid mode or on paid mode, depending on the option chosen by the User. Further, Users may access this feature on KokoFP's platform to get assigned, for the purposes of consultation, to a Practitioner whereby such Practitioners are, by default, assigned through the system's algorithm/software-program that finds the most available and accepting Practitioner or Users may choose Practitioners of choice through the search options made available on KokoFP's Website. The scope of this feature as detailed herein is collectively referred to as "Consultation".
  2. Terms for Users:
    The Users expressly understand, acknowledge and agree to the following set forth herein below: a. In the event the Users intend to consult a specific Practitioner of choice, the same is facilitated through search options as made available on KokoFP's Website. In cases where Users cannot choose a Practitioner (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Practitioner.
    b. In case any prescription is being provided to User by the Practitioner, the same is being provided based on the online consultation, however it may vary when examined in person, hence in no event shall the prescription provided by Practitioners be relied as a final and conclusive solution.
    c. The Users agree to use the advice from Practitioner on the website pursuant to:
    i. an ongoing treatment with their medical practitioner;
    ii. a condition which does not require emergency treatment, physical examination or medical attention;
    iii. medical history available as records with them for reference;
    iv. a record of physical examination and report thereof with them, generated through their local medical practitioner;
    v. consultation with their medical practitioner before abandoning or modifying their ongoing treatment.
    d. The User agrees that by using Consultation, the Practitioners on Consult will not be conducting physical examination of the Users, hence they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation. e. The User understands that Consultation shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation.
    f. During the consultation and thereafter, the Practitioner may upload the prescription/health records of the User on the account of the User for access of the User.
    g. Notwithstanding anything contained herein, Company in no manner endorses any Practitioner(s) that Users consult and is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Practitioner.
    h. If Practitioner responds to the User's query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that KokoFP may send such communications like text messages/email/calls before and/or after Practitioner's consultation (physical or online) to User's mobile number, which is provided by Practitioner, based on the Practitioner's settings. However, and notwithstanding anything to the contrary in this Agreement, Company does not take responsibility for timeliness of such communications.
    i. Consultation, is merely a consulting model, any interactions and associated issues with the Practitioner on Consultation including but not limited to the User's health issues and/or the User's experiences is strictly between the User and the Practitioner. The User shall not hold Company responsible for any such interactions and associated issues.
    j. The User hereby grants consent to Company to feature certain of Users queries posted free of cost and respective Practitioners' responses as posted by the User on KokoFP Consultation. Users further agree that any such information provided by the User will be subject to KokoFP Privacy Policy.
    k. There is a follow-up feature that is made available on KokoFP, through which the Practitioner can notify the User of a follow-up facility that is available post their in-person consultation. The Practitioner can define the duration and limit of messages that are available to the User for free. When the User starts the follow-up, a chat window opens up for consultation with the Practitioner for a certain period (set by the Practitioner) without having to make any payment. Upon expiry, an option to pay and restart option is available to the User. This enables the User to pay and initiate a paid consultation with the Practitioner. l. Any conversations that the Users have had with the Practitioner will be retained in Company database as per the applicable laws and subject to confidentiality.
    m. User understands and agrees to provide accurate information and will not use this platform for any acts that are considered to be illegal in nature.
    n. If User decides to engage with a Practitioner to procure medical services or engages in communication, exchange of money for services outside of Consultation platform, User shall do so at their own risk. Company shall not be responsible for any breach of service or service deficiency by any Practitioner.
    o. The User shall be bound by the jurisdiction as contained in these Terms and Conditions hereunder, at all times, irrespective of the location they may be consulting with Practitioners online.
    p. The User shall indemnify and hold harmless Company and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
    q. If User decides to use the payment gateway to make payments online, it is solely at User's discretion. Should there be any issues with regard to the payment not reaching the respective Practitioner's account, please reach out to support@KokoFP.com.
  3. Cancellation and Refund Policy:
    a. For cancellation and refund policy, read more.
  4. Express Disclaimers:
    a. Consultation is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises 'in-person consultation', it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed on the Website or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, Company shall not be held liable.
    b. Company is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible and owns no liability to either Users or Practitioners for any outcome from the consultation between the User and the Practitioner.
    c. Consultation is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner.
  5. Terms for Practitioners:
    a. The Practitioner shall promptly reply to the User after receiving User's communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, Company shall have the right to replace such Practitioners for the purpose of consultation to the User or remove such Practitioners from the platform/KokoFP application/site; Read more on guidelines here.
    b. The Practitioner understands and agrees that, Company shall at its sole discretion, at any time be entitled to, show other Practitioners available for consultation.
    c. The Practitioner further understands that, there is a responsibility on the Practitioner to treat the User, pari passu, as the Practitioner would have otherwise treated the User on a physical one-on-one consultation model.
    d. The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Practitioners. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps.
    e. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation being rendered.
    f. The Practitioner acknowledges that should Company find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Company shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.
    g. The payment gateway option is being provided to the Users to make payment easier. In case wrong bank account details are provided by Practitioner, Company will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact support@calminfotech.com.
    h. It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.
    i. The Practitioner understands that the certain Consultation features (such as follow-up feature) shall be available only if the same has been enabled by the Practitioner and that the maximum number of messages that Practitioner can send and the number of days for which follow-up will be active for, shall be as set by the Practitioner.
    j. The Practitioner understands that when a User books a time-slot with the Practitioner for online consultation, the Practitioner must comply with the time slot to the best of their availability. In case of delay, the doctor must notify User to their best possible ability.
    k. The Practitioner understands that Company makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold Company liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by Company.
    l. It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that Company shall not be liable for any errors in the information included in any communication between the Practitioner and User.
    m. The Practitioner shall indemnify and hold harmless Company and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the services provided by Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim.
    n. Read more on Settlement Policy here.
CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
  1. The contents listed on the Website are (i) User generated content, or (ii) belong to Company. The information that is collected by KokoFP directly or indirectly from the End- Users and the Practitioners shall belong to Company. Copying of the copyrighted content published by Company on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Company reserves its rights under applicable law accordingly.
  2. Company authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "KokoFP Content"), are the property of Company and are protected under copyright, trademark and other laws. User shall not modify the KokoFP Content or reproduce, display, publicly perform, distribute, or otherwise use the KokoFP Content in any way for any public or commercial purpose or for personal gain.
  3. User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
REVIEWS AND FEEDBACK

By using this Website, you agree that any information shared by you with KokoFP or with any Practitioner will be subject to our Privacy Policy.
You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews ("Critical Content") relating to Practitioners or other healthcare professionals. The role of Company in publishing Critical Content is restricted to that of an 'intermediary' under the NITDA Act, 2007. KokoFP disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an 'intermediary' under the said Act. Company shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website is governed by the relevant Clause of these Terms. Without prejudice to the detailed terms stated herein, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Company, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with relevant Clause of these Terms. You agree that Company may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

  1. Obtaining feedback in relation to Website or KokoFP's services; and/or
  2. Obtaining feedback in relation to any Practitioners listed on the Website; and/or
  3. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by Company. KokoFP's Feedback Collection and Fraud Detection Policy is annexed as the Schedule hereto, and remains subject always to these Terms.

RECORDS

Company may provide End-Users with a free facility known as 'Records' on its mobile application 'KokoFP'. Information available in your Records is of two types:

  1. User-created: Information uploaded by you or information generated during your interaction with KokoFP ecosystem, e.g.: appointment, medicine order placed by you.
  2. Practice-created: Health Records generated by your interaction with a Practitioner who uses KokoFP or other Services of KokoFP software.
The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
  1. Your Records is only created after you have signed up and explicitly accepted these Terms.
  2. Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Company does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
  3. The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Company is not liable for any interruption that may be caused to your access of the Services.
  4. The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by KokoFP, you should refer to your prescription before taking any medicines. Company is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the KokoFP app.
  5. It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Company is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with KokoFP.
  6. KokoFP uses industryâ??level security and encryption to your Health Records. However, Company does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Company of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@calminfotech.com
  7. If you access your dependents' Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Company assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Company and its officers against any such claim or liability arising out of unauthorized use of such information.
  8. In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
  9. You may lose your "User created" record, if the data is not synced with the server.
  10. If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
  11. Company is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
  12. The Health Records are shared with the phone numbers that are provided by your Practitioner. Company is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
  13. Company is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
  14. Company has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
  15. Company will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
  16. You agree and acknowledge that Company may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
  17. You acknowledge that the Practitioners you are visiting may engage KokoFP's software or third party software for the purposes of the functioning of the Practitioner's business and KokoFP's services including but not limited to the usage and for storage of Records, in Nigeria and outside Nigeria, in accordance with the applicable laws.
  18. To the extent that your Records have been shared with Company or stored on any of the KokoFP products used by Practitioner's you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Company pertaining to such previously visited clinics and hospitals who have tie ups with KokoFP for the purposes of their business and for KokoFP's services including but not limited to the usage and for storage of Records in Nigeria and outside Nigeria, in accordance with the applicable laws and further agree, upon creation of your account with KokoFP, to the mapping of such Records as may be available in KokoFP's database to your User account.

TERMS OF USE - PRACTITIONERS

The terms in this Clause are applicable only to Practitioners.

LISTING POLICY
  1. KokoFP, directly and indirectly, collects information regarding the Practitioners' profiles, contact details, and practice. Company reserves the right to take down any Practitioner's profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Company immediately to enable Company to make the necessary amendments.
  2. Company shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
  3. Company shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Company, where the User has expressly or implicitly consented to the making of disclosures or publications by Company. If the User had revoked such consent under the terms of the Privacy Policy, then Company shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Company prior to its actual receipt of such revocation.
  4. Company reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Company shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
  5. Practitioners explicitly agree that Company reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
  6. When you are listed on KokoFP.com, End-Users may see a 'show number' option. When End-Users choose this option, they choose to call your number through a free telephony service provided by KokoFP, and the records of such calls are recorded and stored in KokoFP's servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to you by KokoFP should be used only for appointment and booking purposes, and not for consultation on health-related issues. Company accepts no liability if the call facility is not used in accordance with the foregoing.
  7. You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Company accepts no liability for the same.
PROFILE OWNERSHIP AND EDITING RIGHTS

KokoFP ensures easy access to the Practitioners by providing a tool to update your profile information. Company reserves the right of ownership of all the Practitioner's profile and photographs and to moderate the changes or updates requested by Practitioners. However, Company takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using KokoFP's services, and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Company may modify or delete parts of your profile information at its sole discretion with or without notice to you.

REVIEWS AND FEEDBACK DISPLAY RIGHTS OF KokoFP

1. All Critical Content is content created by the Users of www.KokoFP.com ("Website") and the clients of Company customers and Practitioners, including the End-Users. As a platform, Company does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an 'intermediary' under the NITDA Act, 2007. The role of KokoFP and other legal rights and obligations relating to the Critical Content are further detailed earlier stated Clauses these Terms. KokoFP's Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
2. Company reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
3. Company shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
4. You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Company shall not be liable for any effect on Practitioner's business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Company however, as an 'intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses of these Terms.
5. Company will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
6. If Company determines that you have provided inaccurate information or enabled fraudulent feedback, Company reserves the right to immediately suspend any of your accounts with KokoFP and make such declaration on the website alongside your name/your clinics name as determined by Company for the protection of its business and in the interests of Users.

RELEVANCE ALGORITHM

Company has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. Company shall not be liable for any effect on the Practitioner's business interests due to the change in the Relevance Algorithm.

INDEPENDENT SERVICES

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Company.

COMPANY REACH RIGHTS

Company reserves the rights to display sponsored ads on the Website. These ads would be marked as "Sponsored ads". Without prejudice to the status of other content, Company will not be liable for the accuracy of information or the claims made in the Sponsored ads. Company does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Company will not be liable for the services of the providers of the Sponsored ads. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Company accepts no liability for the same.

KokoFP HEALTH FEED

1. KokoFP health feed is an online content platform available on the website, wherein Practitioners who have a KokoFP profile and Users who have a health account can login and post health and wellness related content.
2. A Practitioner can use health feed by logging in from their profile, creating original content comprising text, audio, video, images data or any combination of the same, and uploading said Content to KokoFP's servers. The Practitioner can upload their own images or choose an image from the gallery that KokoFP provides. Company shall post such Content to KokoFP health feed at its own option and subject to these Terms and Conditions. The Content uploaded via KokoFP health feed does not constitute medical advice and may not be construed as such by any person.
3. The Practitioner acknowledges that they are the original authors and creators of any Content or comments uploaded by them via KokoFP health feed and that no Content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. Company reserves the right to remove any Content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Practitioner agrees to absolve Company from and indemnify Company against all claims that may arise as a result of any third-party intellectual property right claim that may arise from the Practitioner's uploading of any Content on KokoFP health feed. The Practitioner also agrees to absolve Company from and indemnify Company against all claims that may arise as a result of any third-party intellectual property claim if the Practitioner downloads an image from KokoFP's gallery and utilizes it for his/her personal or commercial gain.
4. The Practitioner hereby assigns to Company, in perpetuity and worldwide, all intellectual property rights in any Content or comment created by the Practitioner and uploaded by the Practitioner via KokoFP health feed.
5. Company shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.
6. The Practitioner may also use KokoFP health feed in order to view original content created by Users or other Practitioners and also create and upload comments on such Content including their own content where allowed.
7. Practitioner acknowledges that the content on KokoFP health feed reflects the views and opinions of the authors of such content and does not necessarily reflect Company's views.
8. Practitioner agrees not to post any comments or upload any Content which are defamatory, obscene, objectionable or in nature and Company reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Practitioner agrees to absolve Company from and indemnify Company against all claims that may arise as a result of any legal claim arising from the nature of the Content or the comments posted by the Practitioner on KokoFP health feed

MEMORANDUM OF UNDERSTANDING WITH CLIENTS

In the event that the company, upon an agreement with a client, gratuitously provides client with all the necessary infrastructure (e.g Desktop computers and Internet) needed for the installation of KOKO, ( e.g. a kiosk system integrated with company's application) (all hereinafter referred to as the "Equipment") the following shall be the undertakings between the company and the client: 1. Upon the installation of KOKO within the premises of the client, the company shall provide some IT experts who would not only test-run the Equipment, but also educate or train some selected employees or authorized representatives of the client(s) on the usage thereof for a period not exceeding 30 working days from the commencement of the training.
2. The client, its agents, employees and/or authorized representatives shall, at all material times, use the Equipment, within its premises in accordance with the terms and conditions enshrined in the application.
3. The client shall at all material times during the term of this agreement direct its patients to utilize the applicable components of the Equipment;
4. The client guarantees an annual usage of the Equipment by patients of no less than __________ patients which threshold is based on data provided by client on an annual average basis. In the event of a shortfall in this regard client agrees to pay the company the equivalent of N_______ per shortfall in number of patients.
5. Upon the installation of the Equipment the client hereby agrees and warrants that it will secure same and safeguard from theft, vandalism, misappropriation or loss of any kind. In the event of any of the non-exhaustive foregoing losses, client hereby agrees to pay for full replacement of such lost Equipment.
6. The client undertakes to remit to the company all fees due thereto from the usage of the Equipment and in accordance with the billing structure stipulated in the terms and conditions enshrined in the KOKO application and as further detailed under Schedule A herein.
7. The client, its agents, employees and/or authorized representatives will not remove any of the Equipment installed within the premises of the hospital unless for the purpose of repairing or replacing same.
8. In the event of damage or malfunction of any of the Equipment installed within the hospital, which damage or malfunction is not as a result of any action or inaction of client or its agents, employees, patients or invites, the client shall, in writing, notify the company of such damage or malfunction within 48hours thereof.
9. In the event that the client fails, neglects or refuses to use the Equipment for any reason, other than the malfunction of the Equipment, the client shall be liable to the company in damages.
10. Any information in respect of the installation and usage of the Equipment shared between the parties shall be treated as confidential.
11. When an individual authorized by the client/hospital to access the Equipment is no longer authorized, the client shall immediately notify the company which shall then terminate the access.
12. In the event of dispute between the parties arising from this Memorandum of Understanding, the parties shall endeavour to resolve same amicably between themselves; and if they are unable to resolve the dispute amicably, they shall resort to mediation and conciliation in accordance with the Arbitration and Conciliation Act applicable in Nigeria.

BOOK APPOINTMENT AND CALL FACILITY

1. As a valuable partner on our platform we want to ensure that the Practitioners experience on the KokoFP booking platform is beneficial to both, Practitioners and their Users.
2. Practitioner understands that, Company shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Company.

RIGHTS AND OBLIGATIONS RELATING TO CONTENT

1. As mandated by Regulation 3(2) of the IG Rules, Company hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
a. belongs to another person and to which the User does not have any right to;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c. harm minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonate another person;
h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i. threatens the unity, integrity, defense, security or sovereignty of Nigeria, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
2. Users are also prohibited from:
a. violating or attempting to violate the integrity or security of the Website or any KokoFP Content;
b. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by KokoFP;
c. intentionally submitting on the Website any incomplete, false or inaccurate information;
d. making any unsolicited communications to other Users;
e. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
f. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
g. copying or duplicating in any manner any of the KokoFP Content or other information available from the Website;
h. framing or hot linking or deep linking any KokoFP Content.
i. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
Company, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses herein stated. Company shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Company has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
Company may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Company to transfer sensitive personal data or information including any information, to any other body corporate or a person in Nigeria, or located in any other country, that ensures the same level of data protection that is adhered to by Company as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
Company respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

TERMINATION
1. Company reserves the right to suspend or terminate a User's access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
i. Such User breaches any terms and conditions of the Agreement;
ii. A third-party reports violation of any of its right as a result of your use of the Services;
iii. Company is unable to verify or authenticate any information provide to KokoFP by a User;
iv. Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
v. Company believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for Company or are contrary to the interests of the Website.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User's record keeping process and practices.
LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User's provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
a. provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
b. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
c. any unauthorized access to or alteration of your transmissions or data; or
d. any other matter relating to the Website or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User's use of the Website or the Services exceed, in the aggregate N5000/- (Five Thousand Naira Only).

RETENTION AND REMOVAL

Company may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
APPLICABLE LAW AND DISPUTE SETTLEMENT
1. You agree that this Agreement and any contractual obligation between Company and User will be governed by the laws of Nigeria.
2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in Nigeria, before a sole arbitrator appointed by Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1990. The seat of such arbitration shall be Abuja. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
3. Subject to the above Clause, the courts at Abuja shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

CONTACT INFORMATION GRIEVANCE OFFICER

1. If a User has any questions concerning KokoFP, the Website, this Agreement, the Services, or anything related to any of the foregoing, KokoFP customer support can be reached at the following email address: support@KokoFP.com or via the contact information available from the following hyperlink: www.KokoFP.com/contact.
2. In accordance with the National Information Technology Development Agency (NITDA) Act, 2007, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Tolu Adekoya Designation: Head â?? Customer Experience Address: 118B Ilupeju Street, Dolphin Estate, Ikoyi Lagos, Nigeria. Email: support@KokoFP.com Telephone: +234- 8107536218 (Ask to be connected to the Grievance Officer) In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

PAYMENT

Billing Cycle. The usage fee for the KokoFP service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend on the type of license subscription that you choose when you sign-up for the service. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period, if there is any.
Payment Methods. To use the Koko service, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used.
Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
Calculating Payment Due to us. You will collect the full amount from the patient, deduct our Transaction Fee, and disburse to us using our selected payment method and schedule.
Payment Methods. We may provide multiple payment methods for you to receive payments. When you select a payment method, you agree to distribute payment to us using that method according to the information and schedule we provide to you. For example, if we choose the payment method of direct deposit into our bank account, you agree that you may distribute funds into the bank account using the bank account information we provided to you and as scheduled.
Timing of Payments to Us. You will make payments to us on a scheduled basis when payments due to us meet the minimum payout balance. We may change the payment schedule at our discretion, at any time. Payment to us shall not be delayed for any reasons.
Government Taxes, Fees, and Service Charges. You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the KokoFP Service. Calm IT is not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges.
Fees Charged by Third-Party Payment Processors. When KokoFP Service uses third parties to process payments, which may include your financial institution. Use of such third-party payment services and financial institutions is subject to their terms and conditions of use. Such third parties may charge fees to process payments, and Calm IT is not responsible for them and Calm. IT disclaims all liability with regards to any fees or problems you have with third-party payment processors. For example, you are responsible for any charges or fees that may be imposed by your bank under its terms and conditions as a result of using the KokoFP Service. Nigeria Naira. All monetary transactions take place in Nigerian naira.
Electronic Payments Report. KokoFP may allow you to access reports showing the financial transactions between you and your patients. We rely on users for the information we display in the reports, and we are not responsible for their timeliness or accuracy.
Usage Guaranty. You agree to guaranty usage of KokoFP for operational tasks in your organization. Your organization will be liable to settle all bills anticipated/estimated by Calm IT. Depending on the subscription model, failure to use the KokoFP may cost the signing organization.

SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Company. Any consent by Company to, or a waiver by Company of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
BY CLICKING AGREE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS")
YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE