These Terms of use ("Terms") and our Privacy Policy set forth the Terms and conditions governing your use of the Diagnostar telemedicine platform (the "platform"). This platform is created and owned by Diagnostar health Nigeria ltd (Diagnostar). The Terms and Privacy Policy together governing your access to this website and forms a legal contract between you and Diagnostar.

Please read the Terms and Privacy Policy carefully before using the service. By clicking "i accept", you are entering into a legally binding agreement to these Terms of use and the Privacy Policy just as you would by signing a paper contract. If you do not agree with and accept these Terms of use and the Privacy Policy, do not use the service.

DO NOT USE THIS SITE FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, visit a hospital equipped with emergency services.

If you provide false or deceptive information regarding your medical history, status and other information, Diagnostar reserves the right to terminate all current or future use of the services by you.

Website content

Other than information received directly by you from physicians in the context of a telemedicine service, the content on the website should not be considered medical advice. We may post or provide links to general information resources that may be of interest to you ("posted materials"). Posted materials are not to be used as medical diagnosis, treatment, or advice. Other than information received directly by you from physicians in the context of a telemedicine service, you should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the content on this website represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, Diagnostar does not recommend or endorse any specific tests, physicians, medications, products or procedures.

Account enrolment

To access the service, you must first enrol to establish an individual user account ("account"), by providing certain information. With the exception of subaccounts established for minor children of whom you are a parent or legal guardian, you agree that you will not create more than one account or create an account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the service and, if applicable, in order for physicians to send notices to you, you agree to:

(i) Provide true, accurate, current and complete information about yourself as prompted by our account enrolment form; and

(ii) Each time you log on, maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or

incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the service.

You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of use.

Acceptable use

You agree not to access or use the service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this agreement. You shall not post, use, store or transmit.

a) A message or information under a false name.

b) Information that is unlawful, libellous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or

c) Information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others.

d) You shall not attempt to disrupt the operation of the service by any method, including through use of viruses, trojan horses, worms, time bombs, denial of service attacks, flooding or spamming.

e) You shall not use the service in any manner that could damage, disable or impair the service.

f) You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. g) You shall not use any robot, scraper or other means to access the service for any purpose.

Intellectual property

All of the content available on or through the service is the property of Diagnostar or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. We give you permission to display, download, store and print the content only for your personal, non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the service to anyone, including but not limited to others in your organization. All software and accompanying documentation made available for download from the service is the copyrighted work of Diagnostar or its licensors. Any copy made of information obtained through the service must include all applicable copyright notices.

Subject to the Terms of this agreement, Diagnostar hereby grants you a limited, revocable, non transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the service to the extent, and only to the extent, necessary to access and use the service.

The license granted herein does not permit you, and you agree not to:

a) Modify, translate, reverse engineer, disassemble, decompile or create derivative works of the service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the service; or

b) Transfer, distribute, sell, lease, rent, disclose or provide access to the service to any third party or use the service to provide service bureau, time sharing or other services to third parties.

Disclaimers

Access to the service and the information contained therein is provided "as is" and "as available" without any warranty of any kind, express or implied. To the fullest extent permissible pursuant to applicable law, Diagnostar disclaims all warranties of any kind, either express or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement.

Without limiting the foregoing, Diagnostar does not warrant that access to the service will be uninterrupted or error-free, or that defects, if any, will be corrected; nor does Diagnostar make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the service or any of the information contained therein. You expressly agree that your use of the service and your reliance upon any of its contents is at your sole risk.

You shall be solely and fully responsible for any damage to the service or any computer system, any loss of data, or any improper use or disclosure of information on the service caused by you or any person using your username or password. Diagnostar cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any protected health information, advice, ideas, information, instructions, or guidelines accessed through the service.

Limitations of liability

In the event of any problem with the service or any of its content, you agree that your sole remedy is to cease using the service. Under no circumstances shall Diagnostar, any Diagnostar licensor or supplier, or any third party who promotes the service or provides you with a link to the service be liable in any way for your use of the service or any of its content, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content.

Under no circumstances shall Diagnostar, its licensors or suppliers of non-medical services or any third party who promotes the service or provides you with a link to the service, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the service, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if we or they have been advised of the possibility of such damages.

International use

The service is designed for and intended for users in nigeria. Diagnostar makes no representation that the information and services provided on the service are applicable to, appropriate for, or available to users in locations outside nigeria. Accessing the service from territories where the content is illegal is prohibited. If you choose to access the site from a location outside nigeria, you do so on your own initiative and you are responsible for compliance with local laws.

Termination

Diagnostar may suspend or terminate your access to the service at any time, for any reason or for no reason at all. Diagnostar has the right (but not the obligation) to refuse to provide access to the service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Diagnostar reserves the right to change, suspend, or discontinue all or part of the service, temporarily or permanently, without prior notice.

Notice of privacy practices.

You acknowledge that you have received a copy of Diagnostar’s notice of privacy practices. You hereby consent to disclosure of your protected information, including information generated through use of virtual health or telemedicine services, as described in the notice of privacy practices. This will include all your protected health information generated during the provision of services, including but not limited to treatment for mental health, drug and alcohol abuse, communicable diseases such as HIV/AIDS, developmental disabilities, genetic testing, and other types of treatment received.

Informed consent

Possible risks of telemedicine:

As with any medical procedure, there are potential risks associated with the use of telemedicine. Diagnostar believes that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:

a) Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment which may include poor video and data quality. b) Security protocols could fail, causing a breach of privacy of personal medical information.

c) Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.

By accepting these Terms of use, you acknowledge that you understand and agree with the following:

a) You understand that telemedicine may involve electronic communication of your personal medical information to medical practitioners who may be located in other areas, including out of Nigeria.

b) You understand that you may expect the anticipated benefits from the use of telemedicine, but that no results can be guaranteed or assured.

c) You understand that all information will be part of your medical record and available to you by printing the summary from the visit. This information will have the same restrictions on dissemination without your consent.

Except to the extent already relied upon, you understand you may withdraw your consent at any time by emailing Diagnostar to withdraw your consent and inactivate your account. You understand that your healthcare information may be shared with other individuals for treatment, payment, and healthcare operations purposes.

You further understand that your healthcare information may be shared in the following circumstances:

a) When a valid court order is issued for medical records.

b) Reporting suspected abuse, neglect, or domestic violence.

c) Preventing or reducing a serious threat to anyone's health or safety.

Patient consent to the use of telemedicine

I have read and understand the information provided above, and understand the risks and benefits of telemedicine, and by accepting these Terms of use i hereby give my informed consent to participate in a telemedicine visit under the Terms described herein. By clicking the "agree" button you are consenting to receiving care via the service. The scope of care will be at the sole discretion of the healthcare physician who is treating you, with no guarantee of diagnosis, treatment, or prescription. The healthcare physician will determine whether or not the condition being diagnosed and/or treated is appropriate for a telehealth encounter via the service.

Modification of these Terms and the site.

You are responsible for regularly reviewing these Terms. Diagnostar has the right, but not the obligation, to correct any errors or omissions in any portion of the site, the service and these Terms. Diagnostar reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of the site, the service and these Terms, in whole or in part, at any time, without prior notice. All changes to these Terms are effective immediately upon being posted to the site. Your continued use of the site or service following any changes to these Terms will mean you accept these changes.

Restrictions on site use.

You may not access or use, or attempt to access or use, the service to take any action that could harm us or any third party, interfere with the operation of the service, or use the service in a manner that violates any laws. Without limiting the foregoing, you agree not to:

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide. • Use any device, software, or routine to interfere or attempt to interfere with the proper working of the service or any activity conducted on the service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network. • Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the service. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.

• Engage in unauthorized use of bots, spiders, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information; obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the service.

• Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.

• Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our users' computers or systems; or

• Engage in any other conduct that restricts or inhibits any person from using the service, or that, in our sole judgement, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Information disclosure.

Disclosure under law. Diagnostar reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in Diagnostar's sole discretion.

Providing correct personal information. In the course of using the site, you may be required to enter certain information, including without limitation personal information (collectively, "information"). You represent and warrant that you will provide Diagnostar with full, true and correct information, and to update such information on the site promptly as reasonably necessary and as required by the site.

Your account.

Security of account and password.

In the event you establish an account and receive or establish a password for such account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You accept full responsibility and liability for all activities that occur under your account or password. Diagnostar reserves the right to refuse service, terminate accounts, or remove content in its sole discretion.

Notification of unauthorized use/ceasing access. You shall notify Diagnostar immediately of any unauthorized use or threat of unauthorized use of your account or the site or of any other breach or potential breach of security known to you with respect to your account or the site, including without limitation any loss or compromise of any password, and will cooperate with Diagnostar in every reasonable way to help Diagnostar prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the site, your account and/or your password.

You agree that immediately upon termination of your right to use the site or any password protected portion of the site, or upon any earlier demand by Diagnostar at any time, you will cease all access and/or use of the site or such password protected portion of the site and will not attempt to access and/or use same.

Indemnification.

You will indemnify, defend and hold harmless Diagnostar entities from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorney’s fees and all other costs, fees, and expenses (collectively, "claims") against Diagnostar to the fullest extent permitted by law arising out of any breach of the Terms or Privacy Policy.

Site ownership. The site and all content, organization, graphics, design, compilation, translation, and other matters related to the site (collectively, "content") are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to

intellectual property) rights pursuant to international conventions and nigerian laws. The site and all content is the property of Diagnostar and/or third-party licensors, and all right, title and interest in and to the site and content will remain with Diagnostar or such third-party licensors. Other product and Diagnostar names mentioned herein may be the trademarks of their respective owners.

You do not acquire ownership rights to the site or any content other than any rights in the materials that you may have. You will abide by any and all additional copyright notices, information, or restrictions contained in any content. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the site or any site content. You may only use the site and the content as expressly permitted herein, and any other use is prohibited. Any copying, republication, or redistribution of the site or site content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Diagnostar and/or the respective intellectual property rights holder identified in the subject content, which consent to be granted or withheld at the sole discretion of the rights holder.

Copyright infringement claims. Diagnostarrespects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Diagnostar's designated copyright with all information required by the copyright act, patents & designs act, trademark act, and any other applicable laws.

Miscellaneous

No waiver. The failure of Diagnostar to enforce any provision of these Terms will not be construed as a waiver or limitation of Diagnostar's right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms.

Assignment. No assignment, delegation or other conveyance of these Terms may be made by you (by operation of law or otherwise) without the prior written consent of Diagnostar, to be given in its sole discretion. Diagnostar may assign its rights and obligations hereunder to any other party.

Statute of limitations. Any cause of action you may have with respect to your use of the site must be commenced within one year after the claim or cause of action arises; thereafter, any such claim will be forever barred, without regard to any contrary legislation.

Agreement binding. In the event that any provision of these Terms is deemed to be unenforceable, said provision will be interpreted to reflect the original intent of the parties in accordance with applicable law, and the remainder of these Terms will continue in full force and effect.

Entire agreement; language of agreement. These Terms and Privacy Policy contain the entire agreement between you and Diagnostar with respect to the site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Diagnostar with respect to the site. Any rights not expressly granted herein are reserved. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be drawn up in English.

Disputes. In the event any dispute cannot be resolved informally within ninety (90) consecutive days, the dispute will be resolved through mediation. If your dispute cannot be resolved through mediation, you shall referthe dispute to arbitration under the rules of arbitration. A single arbitrator shall preside over the tribunal and the arbitrator shall be appointed in accordance with the said rules of arbitration and in accordance with the arbitration and conciliation act (cap A18) laws of the federation of Nigeria, 2004 or any statutory modification or amendment in force for the time being. The place of arbitration shall be Lagos, Nigeria and the language of the proceedings shall be the English language. The arbitration award rendered as a result of such arbitration shall be the final adjudication of such dispute. You shall bear the cost of arbitration proceedings.

Payments and cancellation

Billing

You may purchase a Paid Subscription directly from Diagnostar or through a third party either by:

paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
pre-payment giving you access to the Diagnostar Service for a specific time period ("Pre-Paid Period").

Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.

If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such a third party may apply to your use of the Diagnostar Service in addition to these Terms. Please contact the third party regarding any refunds or to manage your subscription.

Autorenewal

Diagnostar offers an auto-renew feature to all our users. With this feature, your healthcare plan subscriptions renew automatically using the balance in your debit account or credit card details that you have chosen to save on our system. If there is no sufficient balance in your or your registration service provider's account, we will send an email to you for manual renewal.

In order to ensure that you do not experience an interruption or loss of services, all healthcare plan subscriptions are set to Auto-Renewal by default when you pay for any of our services using your debit card.

If you would like to cancel the automatic renewal of your plan for any reason, contact our Customer Support team here.

Price and tax changes

Diagnostar may from time to time make changes to Paid Subscriptions, including recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Diagnostar Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.

Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

Renewal and Cancellation

With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to Diagnostar or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team here for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Diagnostar Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated with your Code, or when there is an insufficient pre-paid balance to pay for the Diagnostar Service.

Refund Policy

Refunds for plan subscriptions are processed to your e-wallet within the first 24 hours. An application for a refund must be submitted within this timeframe to qualify for a refund. If you would prefer your refund to be processed to your bank account, kindly state it in your refund request.

Refunds on plans that have been activated and used are not possible. This covers appointments for lab work, pharmacy orders, and telemedicine consultations.

Please contact us by email at support@diagnostar.com to make a refund request. Additionally, you can contact us on WhatsApp or call us at +234 (817) 620 9311.