This website is operated by Jeayhealthcare.com (“Telemedical”, “We” or “Our”). These Terms and Conditions govern Telemedical.com, the Telemedical app, and any other website or mobile app operated by Telemedical (the “Website”). By using or interacting with the Website or making a purchase from the Website, you are agreeing to the following Terms and Conditions:

Eligibility

By using our Website, you represent that you are at least 18 years old. Persons who are at least 18 years of age but under the age of 18 may only use our Website with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, representations, and warranties outlined in the Terms and Conditions; otherwise, please exit the Website.

Purchase Policies

If you purchase the Website, your purchase will be charged to your method of payment, which you agree to pay consistent with the applicable agreement with the provider of that method. Your purchase is subject to these Terms and Conditions, as well as the Refunds, Returns, and Delivery Policy, which are hereby incorporated into and made part of these Terms and Conditions. By submitting payment information in connection with any such purchase, you agree to these Terms and Conditions and the policies incorporated by reference.

Merchandise Availability

Availability of merchandise on our Website is not guaranteed. If merchandise is not available by the time your order is processed, we will notify you via email. You can verify availability by calling Customer Support at …… You will receive a shipping confirmation email once your items have been delivered.

Merchandise Information

All merchandise features and specifications described or depicted on the Website are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of merchandise, including the applicable colors; however, the actual color you see will depend on your monitor or mobile device, and we cannot guarantee that your device will accurately display such colors.

The prices displayed on our Website may differ from prices that are available in stores and may differ from store to store.

Accuracy of Information

Information on our Website may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have completed the checkout process).

Order, Offer, and Acceptance

Product listings are not an offer. They are an invitation for you to make an offer to purchase that item. Completing the checkout page creates such an offer by you. Telemedical accepts that offer by completing the delivery of your order. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your offer, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your offer to accept or decline your offer for any reason or no reason at all. Among other things, if we discover a pricing error on our website, we reserve the right to refuse to sell the product to you at the listed price. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service.

Prices and Errors in Prices

The product listing pages on our website make a good faith effort to list the prices that we intend to charge upon receipt of an offer from you. But despite our efforts, errors can occur. In the event of such an error, we reserve the right to decline to sell the product to you at the listed price, even if you have completed the checkout process.

Value Added Tax

Value Added Tax will be determined and charged as of the time of completing your order. Value Added tax shown in the checkout process may be incorrect in amount or application. We reserve the right to adjust the amount charged at any time to reflect the correct Value Added Tax amount regardless of what is shown in the checkout process. In the event of errors in our Value Added Tax calculation process, we reserve the right to collect estimates of sales tax and to later adjust the associated charges in an upward or downward reconciliation.

Privacy Policy

Use of the Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms and Conditions. Please carefully review our Privacy Policy. By using the Website, you agree to be bound by the terms of our Privacy Policy.

Third-Party Websites

Links at the Website to third-party websites are provided only as a convenience to you. If you use these links, you will leave the Website. Telemedical does not control or endorse any such third-party websites. You agree that Telemedical, as defined below, will not be responsible or liable for any content, goods, or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third-party websites linked from this Website, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading, or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Telemedical expressly disclaims any responsibility for the content, legality, decency, or accuracy of any information, and for any products and services, that appear on any third-party website.

Website Use

You are required to establish an account at the Website to take advantage of certain features of this Website, such as making a purchase. If you provide information at the Website, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Website; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, or outdated, or Telemedical has reasonable grounds to suspect that such information is false, inaccurate, or outdated, Telemedical has the right to suspend or terminate your account and prohibit any current or future use of the Website (or any portion thereof) by you.

You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Telemedical of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the Website, including charges resulting from unauthorized use of your account before you take steps to prevent such occurrence by changing your password and notifying Telemedical. Telemedical cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

You agree to use the Website only for lawful purposes and that you are responsible for your use of and communications at the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Website.

You further agree that you will not access this Website by any means except through the interface provided by Telemedical for access to the Website. Creating or maintaining any link from another website to any page at the Website without the prior authorization of Telemedical is prohibited. Running or displaying this Website or any information or material displayed at the Website in frames or through similar means on another website without the prior authorization of Telemedical is prohibited. Any permitted links to this Website must comply with all applicable laws, rules, and regulations.

Telemedical makes no representation that Materials contained at the Website or products described or offered at the Website are appropriate or available for use in jurisdictions outside Nigeria, or that these Terms and Conditions comply with the laws of any other country. Visitors who use the Website and reside outside Nigeria do so on their initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website from any territory where its contents are illegal and that you, and not Telemedical, are responsible for compliance with applicable local laws.

User Comments, Feedback, and Other Submissions

We do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you either through the Website, by e-mail, via social media, or in any other way. Unless otherwise expressly agreed in writing before your submission to us, any comments, feedback, information, or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information, or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. All comments, feedback, information, or other material submitted shall be and remain property of Telemedical and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Termination

You agree that Telemedical may terminate or suspend your access to all or part of this Website, without notice, for any conduct that Saks, in its sole discretion, believes violates these Terms and Conditions or any applicable law or is harmful to the interests of another user or Telemedical. Notwithstanding such termination or suspension, you will continue to be subject to the “Warranties, Disclaimers and Limitations of Liability,” Indemnification,” “Applicable Law and Jurisdiction” and “User Content and Conduct” sections of these Terms and Conditions.

Telemedical reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms and Conditions, you agree that Telemedical shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Website.

Warranties, Disclaimers, and Limitations of Liability

You expressly understand and agree that:

Your use of the website is at your sole risk. The website and the materials contained herein are provided on an “as is” and “as available” basis. Except as otherwise expressly provided in these Terms and Conditions, Telemedical and other affiliated companies, and their respective officers, directors, employees, and other representatives (collectively, the ” Telemedical parties”), expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, the Telemedical parties make no warranty that: (i) the website will meet your requirements; (ii) the website will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through the website will meet your expectations or needs; and (v) any errors in the website will be corrected.

All products and services purchased on or through the website are subject only to any applicable warranties of their respective manufacturers, distributors, and/or suppliers, if any. To the fullest extent permissible by applicable law, the Telemedical parties disclaim all warranties of any kind, either express or implied, including, any implied warranties, concerning the products and services listed or purchased on or through the website. Without limiting the generality of the foregoing, the Telemedical parties expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, and non-compliance with any printed directions.

The Telemedical parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with, or relating to the use of or inability to use the website, including any liability: (i) as a publisher of information; (ii) as a reseller of any products or services; (iii) for any incorrect or inaccurate information; (iv) for any unauthorized access to or disclosure of your transmissions or data; (v) for statements or conduct of any third party on the website; or (vi) for any other matter relating to this website or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental, or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Telemedical and you. The products, information, and services offered on and through the website would not be provided without such limitations.

Notwithstanding the foregoing, the sole and entire maximum liability of the Saks parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information, or service purchased by you from Telemedical on this website.

Indemnification

You agree to indemnify, defend, and hold harmless the Telemedical parties against all claims, demands, causes of action, losses, expenses, damages, and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of or conduct at the Website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website, your breach of these Terms and Conditions, your infringement or violation of any rights of another, or termination of your access to the Website.

Applicable Law and Jurisdiction

These Terms and Conditions shall be governed by and construed by the laws of both Lagos State, Nigeria, and the Federal Republic of Nigeria without regard to its choice of law provisions. You agree to submit to personal jurisdiction in Lagos State and further agree that any cause of action arising from or relating to the use of the Website or these Terms and Conditions shall be brought exclusively in the Federal or State Courts residing in Lagos State, Nigeria.

To the fullest extent of the law, you agree that any claim or cause of action arising from or relating to the use of the Website or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

Miscellaneous

These Terms and Conditions constitute the entire and only Terms and Conditions between Telemedical and each user of the Website concerning the subject matter of these Terms and Conditions.

If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.

The failure of the Telemedical parties to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms and Conditions.

Effective Date: March, 2023