Terms of Use

The use of this Platform (Website and Services) implies that the user has read and accepted our Terms & Conditions. If you disagree with any part hereof, do not access the Platform.”The Referrer” (“You”)means the individual accessing or using thisPlatform.One Global Medical Technology Ltd (“the Company” or “Helium Health”or “Our”) is a technology company transitioning Africa’s health care to a data-driven system, providing software products and services like credit lending to health care providers and patients.ThisTerms & Conditions (also referred to as this “Agreement”) is an Agreement between you and the Company

The Company and The Referrer are hereinafter each referred to as a “Party” and together the “Parties”.

WHEREAS:

The Company is a technology company transitioning Africa’s health care to a data-driven system, providing software products and services like credit lending to health care providers and patients.
The Referrer is a Healthcare Professional (i.e. a Doctor, Nurse, Pharmacist, Laboratory Scientist, Administrator, Accountant, Manager, Director, etc., excluding previous Helium Health Growth Team members, previous and current members of the Helium Health Agent Network) who possesses the necessary contacts, and strategic relationship required to facilitate and secure for the Company business opportunities and clients (the “Client”), for the purpose of reselling any of the Company’s Solutions (as defined under this Agreement) to the Client
Based on the above, the Parties are desirous of setting out the terms and conditions of the business development/ reselling opportunity in the manner hereinafter appearing in this Agreement.

NOW IT IS HEREBY AGREED AS FOLLOWS

1. DEFINITIONS AND INTERPRETATIONS

In this Agreement except where the context otherwise requires, the capitalized terms used in this Agreement shall have the following meanings:

“Business Day” means everyday excluding Saturdays, Sundays and Public Holidays declared by the Federal Government in Nigeria;
“Client” or “Referred Party” means any individual, institution, agency, authority, company or Government body that is exclusively secured by Referrer for the purpose of the Project
“Client Agreement” means the substantive agreement executed between the Companyand any Client for the purpose of the Project after the business opportunity has been secured by Referrer
“Confidential Information” means any and all confidential, proprietary or sensitive information, whether tangible or intangible, oral or written belonging to either Party. It also includes any information relating to and or including released or unreleased software or hardware products, the marketing or promotion of products, business plans, practices or policies, and information received fromeither Party, including trade secrets, source codes, object codes, patents, inventions, firmware, designs, formulas, specifications, financial information and projections, numbers, lists of suppliers and potential suppliers, lists of customers and potential customers, equipment lists, employee lists, management methods, know-how, working methods, manufacturing techniques, operating techniques, and all manuals, documents, reports, spreadsheets, files, market information, computer disks and tapes (whether machine or user readable) and other written or electronic information pertaining thereto.
“Days” means every day (including weekends and public holidays declared by the Federal Government in Nigeria) in a calendar month.
“Deployment” means the onboarding and training of users of the Solution
“Force Majeure” means any event or circumstance beyond the reasonable control of the Parties that is not foreseeable, is unavoidable and its origin is not due to negligence or lack of care on the part of the Parties. Such events include but not limited to acts of God, fire, flood, pandemics and epidemics (as a result of which the Client is unable to carry out its business, or prevented from using the Company’s software or product –as the case may be), invasion, war, revolution, uprising, insurrection, social/public unrest, public disturbance, strike, riots, fire disaster, storm, acts of terrorism and any other circumstance which may hinder or delay the performance of the obligations of the Parties under this Agreement
“Intellectual Property Rights” means all present and future worldwide patents, trademarks, service marks, trade names, goodwill, registered designs, design rights, database rights, copyrights, inventions, rights in computer software, and other forms of intellectual or industrial property and all registrations, applications, renewals, extensions, combinations, divisions, or reissues of the foregoing
“Locations” means any of the following countries: Ghana, Nigeria, Namibia, Uganda, Botswana, Malawi, Togo, Cote D’Ivoire, Liberia, Sierra-Leone, Senegal.
“Project” means the collaboration between the Company and the Client for the purpose of deploying the Solution to the Client in any of the Locations.
“Product” or “Solution” means one or more of the following products as indicated in Appendix 1:
- HeliumOS – Electronic Health Records (EHR)
- HeliumDoc – Personal Health Records (PHR)
- HeliumCredit for Hospital Facilities – Credit for Hospital Facilities
- HeliumWallet – Multichannel Payment Processing
- TeleClinic – Telemedicine
- HeliumPay – Multichannel Payment Processing
- Unless the context otherwise requires;
  1. Any reference to the plural includes the singular and vice versa.
  2. Any reference to a person includes natural persons, corporate bodies, partnerships, firms, unincorporated bodies and legal persons.
  3. Any reference to any document, including this Agreement, shall include any permitted variation, amendment, supplement, substitution or assignment of such document.
  4. The headings in this Agreement are inserted for ease of reference only and shall not affect the construction or interpretation of this Agreement.

2. APPOINTMENT/AUTHORIZATION

The Company hereby appoints Referrer to secure business opportunities (on a non-exclusive basis) with the Client for the purpose of the Project and in accordance with the terms of this Agreement.
The Company hereby authorizes Referrer to perform its obligations as contained in this Agreement.

3. RELATIONSHIP OF THE PARTIES

The terms of this Agreement create an independent contractor status and it is understood that the Parties have no authority to bind each other in any matters of any nature or kind whatsoever, save as provided under this Agreement or subject to other mutually agreed Agreement or documentation

4. SCOPE OF AGREEMENT

The scope of this Agreement as contemplated by Parties is to set out the framework to govern the relationship of both Parties with respect to:

Referrer securing the business opportunity with the Client for the purpose of the Project; and
Referrer securing and facilitating the execution of the Client Agreement between the Company and the Client for the purpose of the Project within the Term of this Agreement

5. COMMENCEMENT AND DURATION

This Agreement shall commence on the Effective Date and shall remain in force (“the Term”) unless terminated in accordance with the provisions of this Agreement

6. OBLIGATIONS OF THE COMPANY

The Company agrees to undertake the following obligations under this Agreement

provide requisite documentation or information to Referreras may be reasonably required to enable the Referrerfulfil theirobligations under this Agreement.
execute the Project with the Client in accordance with the terms and conditions of the Client Agreement
compensate Referrer in accordance with the provisions of Clause 8 of this Agreement.
do all such things that are necessary and incidental to the attainment of the Scope of this Agreement

HeliumEMR Terms of Use

Welcome to Helium EMR, a simple yet robust hospital management information system that covers every aspect of the Patient’s journey through the hospital. Helium EMR is an Electronic Medical Records Platform that empowers hospitals and their administrators with clinical and financial data to run efficiently and deliver quality care (the “Service”).

Helium EMR is a product of One Global Medical Technology Ltd (“Helium Health”), which can be accessed through the Website (www.heliumhealth.com), mobile, tablet or other applications made available by Helium Health.

In these Terms of Use, reference to “User”, “You”, or “Your” shall mean a User of this Service. The Terms of Use, along with any other agreement you have executed with us, each included herein by reference, form a legally binding contract between you and Helium Health regarding your use of this Service. Furthermore, you can also read our Privacy Notice here.

Nature and Applicability of Terms

These Terms of Use (as amended from time to time by Helium Health in its sole discretion) govern the use of the Service and upon your acceptance, constitute a binding agreement between you and Helium Health. Please read these Terms of Use carefully before accessing or using the Service.

By accessing or using content; services, and materials on the website located at www.heliumhealth.com (the “Website”), any of the services provided therein (collectively, the “Services”) and the materials which may include logos, text graphics, videos, images, photos, software and other content (collectively, the “Materials”), you agree that you have read, understood, accept and agree to be bound by these Terms.

Each time you access or use this Service, you, and if you are acting on behalf of a third party, such as an employer or a patient, such third party, agrees to be bound by this Terms of Use whether or not you register with us. If you do not agree to be bound by the Terms of Use, you may not access or use our Website or the Service.

If you agree to each of the Terms of Use, check the “I ACCEPT” or “I AGREE” button at the bottom of these Terms of Use.

Privacy Notice

Helium Health is committed to managing your personal data in line with global industry best practices. We encourage you to read our Privacy Notice which explains how Helium Health handles your personal data when you access or use our Website or Service.

Eligibility for Our Service

By using this Service, you represent and warrant that you or your authorised representative have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts, including this Terms of Use. If you are using the Service on behalf of another party, including, without limitation, a healthcare facility, a healthcare provider, a medical professional, physician, patient or other organisation, you represent and warrant that you have the authority to act on behalf of that party and to bind that party to this Terms of Use. If you are using this Service on behalf of a party under the age of majority, you certify that you have the authority to use this Service on their behalf. Helium Health shall only permit access to the Services to Users who have executed a separate written services agreement with Helium Health for the Services.

Registration of Users

Helium EMR includes the tools, features, functions and systems to provide a unified Electronic Medical Record (EMR) technology platform for healthcare facilities, medical professionals, physicians and patients, allowing them to upload, store, retrieve and transmit health-related information, and otherwise maintain a high-performance, digital-based, healthcare information system.

Health-related information includes, without limitation, any data and information related to a patient’s physical, mental and medical condition, health and treatment, including payment for such treatment.

To use our Platform, you have to create an account through a registration process. To register, you will provide us with certain information that personally identifies you, such as your email, first name, last name, phone number, physical address, phone number, company name or other personal information and other health-related information. You have the right to refuse to authorise the use and/or disclosure of your Personal Information. However, if you choose to exercise this right, you may not be able to utilise some features of the Services we provide.

Access to this Service is granted to you upon the condition that:

You become a registered User
You accept and agree to this Terms of Use
You have read our Privacy Notice and any other Agreement when and where appropriate or required.

If you provide Your Information to us, then you agree to provide true, current, complete and accurate information and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.

Our collection and processing of Your Information are governed by this Terms of Use, our Privacy Notice and any applicable law.

You, at all times, remain solely responsible for the use of the Service by your employees or agents where applicable, and you agree to hold Helium Health harmless for any liability or the consequences to you or your employees or agents resulting from your or their use of the Service.

Any modifications and new features added to the Service are also subject to this Terms of Use.

All rights, title and interest in and to the Service and its components (including all software, technology, copyrights and other intellectual property rights) will remain with and belong exclusively to Helium Health unless otherwise agreed under any other agreement signed by the parties.

Intellectual Property

Our Content:

All content and materials, including but not limited to images, text, visual interfaces, information, data, and computer code, provided by us through our Services (our “Content”) and all related intellectual property rights are the property of Helium Health and/or its third-party licensors. Our content is protected by Nigerian and international intellectual property laws and treaties. You are permitted to use our content only on our Services. You may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in this Terms of Use or our Services grants you, by implication, estoppel, or otherwise, any licence or right to use our content except as expressly stated in this Terms of Use.

Our Partners’ Intellectual Property:

Our Services may also display specific intellectual property, such as company, product, and service name and logos, owned by our partners (our “Partners’ Intellectual Property”). Nothing in this Terms of Use or our Services grants you, by implication, estoppel, or otherwise, any license or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from or transmit in any form (including in-line linking or mirroring) any of our Partners’ Intellectual Property.

Screening Users

Although we retain the right to do so, Helium Health does not screen Users or verify information communicated through the Service. Helium Health also retains the right to monitor all communication and information transmitted using our Services. Helium Health may, at its sole discretion, take steps to verify your identity and credentials as a health service provider at any time. We may use and disclose information, including Personal Data, about you for such purposes, including making inquiry of third parties concerning your identity and professional and practice credentials. You further authorise such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. Unless otherwise agreed under any other agreement signed by the parties, you agree that we may terminate your access to the Service at any time, without liability to us, if we are unable at any time to determine or verify your qualifications or credentials.

You may contact us at support@heliumhealth.com to notify us of inappropriate or illegal conduct or content you encounter on the Service. However, please note that we are not obligated to address any such conduct.

Account Management and Security
1. Keep Your Password Secure. If you have been issued an account by Helium Health in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorise other parties in your organisation to access your account. You, and not Helium Health, are responsible for any activity occurring on your account, including but not limited to incidents where your password has been compromised. If you become aware of any unauthorised access to your account, you should notify Helium Health immediately. You shall also conduct internal investigations where it is determined that such an account has been compromised at your instance and shall be solely responsible for the direct losses incurred by Helium Health and others (including patients) due to any unauthorised use of your account.
2. You acknowledge that by allowing your representatives, including your employees, agents and patients, to access your Helium Health account, you are responsible for ensuring such representatives use the Helium Health Service for the purposes for which it is intended and no other. While the Service has certain technical safeguards against misuse, you acknowledge the Service will rely to a substantial extent on your responsible use. You agree that we will not be responsible for any unlawful access to or use of the Service by any employee or patient to whom you gave access or log-in credentials and agree to hold Helium Health harmless for any liability or the consequences to you or your employees, agents or patients, resulting from your, or their use of the Service.
3. Keep Your Details Accurate. Helium Health may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate. In the event that you change any information provided to us at registration, including your address, you agree to notify and update us as promptly as possible of such change. We may be unable to respond to you if you contact us from an address, telephone number, or email account that is not registered with us.

Change of Information

The User may at any time and from time to time notify us in writing of a change of any information provided to us at registration, including your address. We may be unable to respond to you if you contact us from an address, telephone number, or email account that is not registered with us.

Breach Notification Policy

If you suspect or learn that the security of the Service and the data contained therein has been breached or compromised, you agree to immediately notify us at support@heliumhealth.com. You agree that the User, and not Helium Health, shall be responsible for the legal consequences for failing to comply with Helium Health’s breach notification policy and you shall hold Helium Health free from any liability arising from such failure to provide notification following the breach or compromise of the Service data.

Links to or Connections with Third-Party Sites or Applications

Our Services or communications to you may contain third-party content or links to third-party sites, applications, or services (collectively, “Third Party Content”). Our Services may also include features that allow you to connect your Account with accounts or services provided by third parties (“Third Party Services”). We do not control, maintain, or endorse the Third Party Content or Third Party Services, and we are not liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the Third Party Content or Third Party Services providers, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy notices and terms of service. We are not responsible for any information you agree to share with third parties connected with Third Party Content or Third Party Services. No information on this website is intended to amount to advice, recommendation, or inducement to use any facilities or other health-related products.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Website, or anyone who may be informed of any of its contents.

Furthermore, information on the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information at any time without notice. Provided that such changes shall not affect the User’s ability to access or use the Service.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content other than the content provided by Helium Health, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Helium Health. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Representations and Warranties

You represent and warrant to Helium Health that:

You have full power and authority to enter into, execute, deliver and perform this Agreement;
You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations;
You will not abuse the services offered by Helium Health and/or Partners
You will not use the Website to generate false feedback about any person, product, or service.
Any information you provide to us, both when you register and in the future, is and will be true, accurate, current, and complete;
You will keep all information up-to-date; and
You accept and agree to these Terms.

Responsibilities:

By agreeing to these terms of use, you agree to the following responsibilities:

The usual and customary charges for any services rendered by collaborating providers profiled on the site will apply and will be entirely your responsibility.
You are responsible for all use of the site and for all use of your Credentials, including use by others to whom you have given your credentials.
You agree that you shall not copy, modify, adapt, translate, or reverse engineer any portion of the site, its content or materials, and/or the services.
You agree that you shall not create user accounts by automated means or under false or fraudulent pretences.
It is within your responsibility to refrain from collecting or storing personal data about other users in connection with the prohibited activities contained within this agreement.
You shall not use any means, including software means, to conduct web scraping of any portion of the site, its content or materials, and/or the services.
You shall not access, retrieve, or index any portion of the site and/or the services to construct or populate a searchable database of reviews related to the services provided.
You shall promptly update us with any changes to your account details.

Exporting Information from the Service; Training and Compliance
1. Users are solely responsible for any applicable compliance with laws governing the privacy and security of personal data, including medical or other sensitive data. As a User of our Service, you acknowledge and agree that you are solely responsible for any health-related information exported from the Helium Health Service by you or if you are a healthcare provider, the employees and patients that you allow access to your account. You represent and warrant that you will export and subsequently use protected health information only in accordance with applicable laws and regulations.
2. If you are a healthcare facility, you agree to train all employees on the use of the Helium Health Service and any health privacy obligations applicable to you and your patients, and the requirements of these Terms of Use and our Privacy Notice and ensure that they comply with such requirements.

Data Retention
- You are responsible for complying with all applicable laws and regulations related to the retention of medical data and records, patient access and the amendment to information, and patient authorisation to release data where applicable.

Cancellation and Refund Policy
- We shall not be liable, whatsoever, for any refunds to patients that may arise from cancellation or inability to meet an appointment or cancellations through the use of our service with the Hospital/healthcare facility. This shall be the responsibility of the Hospital/healthcare facility to deal with.

Your Licence, Access and Use of our Services
- Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. We may add to or remove the areas in which the Services are or are not available, are partially or fully available, at any time, without notice to you. You are only entitled to access and use our Services only for lawful purposes and pursuant to the terms and conditions of this Terms of Use and our Privacy notice. Any action by you that i) violates the terms and conditions of this Terms of Use and/or the Privacy notice; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services if so determined by any applicable law.
- The rights granted to you in these Terms are subject to restrictions. You, therefore, agree that you shall not and shall not encourage or authorise any third party to directly or indirectly: (i) copy, publish, distribute, licence, sublicense, sell, resell, rent, lease, transfer, assign, host, or otherwise commercially exploit the Services including as a service bureau or outsourcing offering or otherwise access or use the Service other than as expressly permitted hereunder; (ii) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
- Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (ii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iii) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (iv) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
  
  This list of prohibitions provides examples and is not exhaustive or exclusive. Helium Health reserves the right to terminate your ability to use the Services with or without cause and with or without notice, for any reason or no reason, or any action Helium Health determines is inappropriate or disruptive to the services or any other user of the services. Helium Health may report to law enforcement authorities any actions that may be illegal and any reports it receives of such conduct. When legally required or at Helium Health’s discretion, Helium Health will cooperate with law enforcement agencies and regulatory bodies in any investigation of alleged illegal activity on the services or the internet.
  
  YOU WAIVE AND HOLD HARMLESS HELIUM HEALTH AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE HELIUM HEALTH/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HELIUM HEALTH/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Indemnification

You agree to indemnify and hold Helium Health and its officers, directors, employees, consultants, affiliates, agents, licensors, and business partners (collectively, the “Indemnified Entities”) harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defence) Helium Health or any other Indemnified Entity suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Services or the use of the Services by any person on your behalf, violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

User Content Rights and Related Responsibilities; Licence
1. “User Content” means, without limitation, any messages, texts, digital files, images, photos, personal profile, artwork, videos, audio, comments, feedback, suggestions and documents, or any other content you upload, transmit or otherwise make available to Helium Health and its users via the Services. We may, in our sole discretion, permit you to, from time to time, submit, upload, publish or otherwise make available to us through the Services any User Content. You represent and warrant that you own or otherwise control the rights to your User Content and that each and every part thereof is an original work by you, or you have obtained all rights, licences, consents and permissions necessary in order to use those parts at any and all times. You further agree to indemnify Helium Health and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.
2. By submitting User Content on or through the Service, you grant Helium Health a perpetual, irrevocable, transferable, assignable, worldwide, non-exclusive, royalty-free licence (with the right to sublicense through multiple tiers) to access, use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorise, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such User Content without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, marketing, promotional, or advertising purposes, and in any and all media now known or hereafter devised, in accordance with applicable laws.
3. For us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to manipulate, process, store and copy User Content in order to provide our Services. Your acceptance of these Terms of Use gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
4. Helium Health expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent its loss.
5. You are solely responsible for your User Content, including, without limitation, comments and feedback.
6. Helium Health may block, remove or return any User Content at any time for any reason whatsoever or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
7. User warrants and agrees not to: (i) publish falsehoods or misrepresentations that could cause injury, loss or damage to Helium Health or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; (iv) impersonate another person; or (v) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Helium Health all of the license rights granted herein.
8. Notwithstanding the foregoing, Helium Health assumes no responsibility for monitoring the Service for inappropriate content or modifying or removing such content from the Service.

Interruption of Service

Unless otherwise stated in a separate written agreement, whether a service level agreement or otherwise, between you and Helium Health, your access and use of our Services may be interrupted for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, may elect to take.

Software
1. Any software made available to you in connection with the Services is provided to you for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Helium Health in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or software, nor may you reverse engineer or attempt to extract the source code of any such software.
2. Any software we make available to you is subject to applicable export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software.

Disclaimers; No Warranties
1. SAVE AS OTHERWISE AGREED IN WRITING BY PARTIES, THE HELIUM HEALTH PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
2. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT ON THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT THROUGH THE SERVICE.

Medical Disclaimer

THIS WEBSITE AND THE SERVICES PROVIDED BY HELIUM HEALTH ARE NOT DESIGNED TO, AND DO NOT PROVIDE, MEDICAL ADVICE, PROFESSIONAL MEDICAL DIAGNOSIS OR OPINION, MEDICAL TREATMENT, PSYCHOLOGICAL THERAPY OR MEDICAL SERVICES. YOUR USE OF OUR SERVICES DOES NOT CREATE A PATIENT/PHYSICIAN RELATIONSHIP AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT BY A PHYSICIAN OR OTHER HEALTHCARE PROVIDER. IF YOU BELIEVE YOU ARE CONFRONTED WITH ANY HEALTH PROBLEM OR MEDICAL CONDITION, YOU SHOULD PROMPTLY CONSULT YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. NEVER DISREGARD MEDICAL OR PROFESSIONAL ADVICE, OR DELAY SEEKING IT, BECAUSE OF INFORMATION YOU HAVE RECEIVED THROUGH OUR SERVICES. IF YOU ARE PRESENTED WITH A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL FOR EMERGENCY MEDICAL ASSISTANCE OR YOUR PHYSICIAN.

Limitation of Liability
1. EXCEPT AS SET FORTH IN SECTION 24.3, HELIUM HEALTH SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT OR THE DATA, INCLUDING WITHOUT LIMITATION FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF OPPORTUNITIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE, EVEN IF REASONABLY FORESEEABLE.
2. EXCEPT AS SET FORTH IN SECTION 24.3, THE MAXIMUM AGGREGATE LIABILITY OF HELIUM HEALTH FOR ALL CLAIMS HEREUNDER, CUMULATIVELY, SHALL BE EQUAL TO THE AMOUNTS PAID TO HELIUM HEALTH BY THE HOSPITAL FOR THE SERVICE OR ANY OTHER MAXIMUM AMOUNT SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND HELIUM HEALTH.
3. THE EXCLUSIONS AND LIMITATIONS OF THIS SECTION 24 SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Severability

Where any portion of this Terms of Use is deemed invalid or unenforceable either in whole or in part by any court or tribunal, such part shall be severed from the Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.

26. Applicable Law and Dispute Settlement

You agree that these Terms of Use and any contractual obligation between Helium Health and the User will be governed by the laws of the Federal Republic of Nigeria.

If a dispute or difference arises as to the validity, interpretation, effects or rights and obligations of the Parties under these Terms of Use, the Parties shall use their best endeavour to reach an amicable settlement of the dispute.

If any such dispute is not settled between the Parties within fourteen (14) days, the Parties agree to submit such dispute to Mediation at the Lagos State Multi-Door Courthouse (LMDC) for resolution under the provisions of Lagos State Multi-Door Courthouse (LMDC) Law 2007. Notwithstanding the provisions above, a Party shall be entitled to seek preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the outcome of the Mediation.

Termination

We may terminate this Agreement by closing, suspending or restricting your access to your account if:

you do not comply with any of the provisions of this Agreement;
we are required to do so by Law;
where a suspicious or fraudulent transaction occurs.

If you violate these Terms or any of our User T&Cs on the website, Helium Health reserves the right to issue you a warning regarding the violation or to terminate or suspend your use of the Services immediately. We may also prohibit your use of the website by blocking computers using your IP address from accessing the website or contacting your Internet service provider to request that they block your access to the website and/or bringing court proceedings against you where there has been a violation of these Terms of Use. You agree that Helium Health does not need to provide you notice before terminating or suspending your use of the Services, but it may provide such notice at its sole discretion.

You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, and guidelines that govern your use of the Services. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of individuals.

Updates, Modifications, and Amendments

As our technology evolves, we may need to update, modify, or amend our Terms of Use, tools, utilities, or general updates. We reserve the right to make changes to this Terms of Use at any time without notice to you.

We advise that you check this page often, referring to the date of the last modification on the page to ensure you are familiar with the current version of the Terms of Use. However, please note that we will give Users the opportunity to opt-out or prohibit new/unrelated uses of their personal information.

Contact Information

If a User has any questions concerning Helium Health, the Website or application, this Terms of Use or anything related to any of the foregoing, Helium Health User support can be reached at the following email address: support@heliumhealth.com.

Last updated: November 2022

Helium Health Consent Form [Nigeria]

HELIUM HEALTH CONSENT FORM

By using the service, I (referring to “Users”, “Patients”, “Healthcare Professionals”, “Healthcare Practitioners”), understand that I have certain rights to privacy and data protection regarding my personal data. These rights are given to me under the Nigeria Data Protection Regulation (NDPR), National Health Act (NHA), and other applicable laws. I understand that by signing this consent form, I give my informed and explicit consent to process my personal data to carry out the purpose specified in this form.

By signing this consent form, I give my informed and explicit consent to use my personal data to provide services to me, for research consistent with efforts to improve my healthcare experience, to improve the quality of service delivered to me, and the overall advancement of healthcare in Nigeria. In order to achieve the foregoing, my personal data may be shared with the following recipients:

Service Providers and Data Processors that we use to improve healthcare experience as listed in our Privacy Notice;
Government and other regulatory authorities, for those situations where we receive a lawful order to do so; and
Any other entity, which I instruct you to disclose or share my personal data with.

Terms of Use (MyHelium)

Welcome toMyHelium, a Patient portal which allows patients from hospital facilities subscribed to Helium Health’s EMR serviceview and access their personal medical records, book appointments, order drugs and laboratory tests (the “Service”)

MyHelium is a product of One Global Medical Technology Ltd(“Helium Health”), which can be accessed through the Website (www.heliumhealth.com), mobile, tablet or other applications made available by Helium Health.

In these Terms of Use, reference to “User”, “you” or “your” shall mean the person has agreed to these Terms of Use in order to be a user of this Service. These Terms of Use, along with any other agreement that you have executed with us, each included herein by reference, forma legally binding contract between you and Helium Health regarding your use of the Service. Furthermore, you can read our Privacy Policy here (https://heliumhealth.com/privacy).

1. Nature and Applicability of Terms

These Terms of Use (as amended from time to time by Helium Health in its sole discretion) govern the use of this Service and upon your acceptance, constitutes a binding agreement between you and Helium Health. Please read these Terms of Use carefully before accessing or using the Service.

Each time you access or use the Service, you, and if you are acting on behalf of a third party, such as an employer or a patient, such third party, agrees to be bound by these Terms of Use and our Privacy Policy whether or not you register with us. If you do not agree to be bound by the Terms of Use and our Privacy Policy, you shall not access or use our Website or the Service.

Please review our Privacy Policy, which explains how Helium Health handles your personal data when you use the Service. If you agree to each of the Terms of Use and our Privacy Policy, check the “I ACCEPT” or “I AGREE”button (or similarly indicate your agreement) at the bottom of this Terms of Use.

2. Eligibility for Our Service

By using the Service, you represent and warrant that you or your authorized representative have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including these Terms of Use. If you are using this Service on behalf of another party including, without limitation, a healthcare facility, a healthcare provider, a medical professional, physician, patient or other organization, you represent and warrant that you have authority to act on behalf of that party and to bind that party to this Terms of Use. If you are using this Service on behalf of a party under the age of majority, you certify that you have the authority to use this Service on their behalf.

3. Terms of Use Applicable to All Users

Access to this Service is granted to you upon the condition that (i) you become a registered User though the functionality offered in the Service, and (ii) you accept and agree to these Terms of Use and our Privacy Policy, together with any separate written agreement between you and Helium Health when and where appropriate or required.
You, at all times, remain solely responsible for the use of the Service and you agree to hold Helium Health harmless for any liability or the consequences to you resulting from your use of the Service.
Any modifications and new features added to the Service are also subject to this Terms of Use or any updates thereto.
Helium Health shall, through this Service, collect information relating to the devices through which you access the Website or application, and anonymous data of your usage. The collected information will be used for improving the quality of Helium Health’s services, building new services and other purposes as deemed necessary by Helium Health in conformance with the Privacy Policy.
The Website or application allows Helium Health to have access to registered Users’ personal email or phone number, for communication purposes to provide you a better way of booking appointments, for obtaining feedback, marketing / offering new services to Users and other purposes as deemed necessary by Helium Health upon notification to you in conformance with the Privacy Policy.
Helium Health shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User, other partners (such as health care facilities visited by the User) to Helium Health or toany other person acting on behalf of Helium Health.
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 or application. The User shall be responsible for all usage of the User’s account and password, whether authorized by the User or not. The User shall immediately notify Helium Health of any actual or suspected unauthorized use of the User’s account or password. Although Helium Health will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Helium Health or such other parties, due to any unauthorized use of your account.
If the User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Helium Health has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Helium Health has the right to discontinue the Services to such User at its sole discretion.
Helium Health may use such information collected from the User from time to time for the purposes of debugging customer support related issues, in conformance with the Privacy Policy.

4. Control of Personal Data, Additional User Information and User Provided Content:

You are in control of your personal data, Additional User Information, and User Provided Content, but we need certain rights from you to use that information and content. By using the Services, you grant us the right to collect, host, transfer, process, analyze, communicate and store your Personal Data and Additional User Information in order to (a) provide the Services to you and other users, (b) for the purposes described inthese Terms and ourPrivacy Policy, and (c) for any other purpose to which you hereby agree to, such as sharing with others. Also, by submitting User Provided Content through any of the Services, you grant Helium Health a sub-licensable, worldwide, royalty-free license to host, store, copy, publish, distribute, provide access to, create derivative works of, and otherwise use such User Provided Content to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. This includes the right for Helium Health to copy, display, and index your User Provided Content. Helium Health will own the indexes it creates. We will also have the right to continueto use your User Provided Content, even if you stop using the Services, but only as necessary for us to provide and improve the Services.

5. Accounts and Registration

To access the features of this Service, you will be required to register for an account. When you register for an account, you will be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, physical address, phone number, company name or other personal information). Some of this information may be of a confidential nature and may include personally identifiable information or “Personal Data” (all “Your Information”).
If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity.Y ou also agree to keep Your Information current and to update Your Information if any of Your Information changes.
Our collection use and disclosure of Your Information is governed by this Terms of Use, our Privacy Policy and any applicable law.

6. Account Management

Keep Your Password Secure. If you have been issued an account by Helium Health in connection with your use of the Service, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other third parties to access your account. You, and not Helium Health, are responsible for any activity occurring on your account, including but not limited to incidences where your password has been compromised. If you become aware of any unauthorized access to your account, you should notify Helium Health immediately. Where it is determined that such an account has been compromised at your instance, you shall be solely responsible for any direct losses suffered or costs incurred by Helium Health and others due to any unauthorized use of your account.
You acknowledge that by allowing your representatives access to your Helium Health account, you are responsible for ensuring such representatives use the Helium Health Service for the purposes for which it is intended and no other. While the Service has certain technical safeguards against misuse, you acknowledge the Servicewill rely to a substantial extent on your responsible use. You agree that we will not be responsible for any unlawful access to or use of the Service by any representative to whom you gave access or log-in credentials and agree to hold Helium Health harmless for any liability or the consequences to you or your employees, agents or patients, resulting from your, or their use of the Service.

7. Breach Notification Policy

If you suspect or learn that the security of the Service or the data contained therein has been breached or compromised, you agree to immediately notify us at support@heliumhealth.com. You agree that the User, and not Helium Health shall be responsible for the legal consequences for failing to comply with Helium Health’s breach notification policy and you shall hold Helium Health free from any liability arising from such failure to provide notification following the breach or compromise of the Service data.

8. Your License, Access and Use of our Services

Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Terms of Use and ourPrivacy Policy. Any action by you that, i) violates the terms and conditions of this Terms of Use and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services if so determined by any applicable law.
The rights granted to you in these Terms are subject to restrictions. You therefore agree that you shall not and shall not encourage or authorize any third party to directly or indirectly: (i) copy, publish, distribute, license, sublicense, sell, resell, rent, lease, transfer, assign, host, or otherwise commercially exploit the Services including as a service bureau or outsourcing offering or otherwise access or use the Service other than as expressly permitted hereunder; (ii) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (ii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iii) bypass any robot exclusion headers or other measures we may useto prevent or restrict access to our Services, or (iv) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.

9. Information Accuracy

We attempt to ensure that information on this Service is complete, accurate and current. Despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete or out of date. We make no representation, warranty, or guarantee regarding the reliability, completeness, accuracy, or currency of any information on the Service.
Furthermore, information on the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in suchinformation at any time without notice. Provided that such changes shall not affect the user’s ability to access or use the Service.
You use any information obtained through the Service at your sole risk.

10. Interruption of Service

Unless otherwise stated in a separate written agreement (which may be a service level agreement) between you and Helium Health, your access and use of our Services may be interrupted for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we may elect to take.

11. Software

Any software made available to you in connection with the Services is provided to you for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Helium Health, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or software, nor may you reverse engineer or attempt to extract the source code of any such software.
Any software we make available to you is subject to applicable export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software.

12. Book Appointment and Call Facility

Helium Health enables Users to connect with certain hospitals for any of the following reasons: a) book an appointment through the Website or application; b) request for laboratory tests and the delivery of the result after the conclusion of the test either physically or digitally; c) request for the delivery of medication. Helium Health shall not be liable if such an appointment is later cancelled by the hospital, rescheduled, or does not otherwise occur for any reason.

If a User has utilized the telephonic services, Helium Health reserves the right to share the information provided by the User with the hospital and store such information and/or conversation of the User with the hospital, in accordance with our Privacy Policy.
Helium Health is not an expert in the provision of health care and does not confirm the quality or availability of the services of any hospital or health care provider. The results of any search Users perform on the Website or application for hospitals should not be construed as an endorsement by Helium Health of any such hospital. If the User decides to engage with a hospital to seek medical services, the User shall be doing so at his/her own risk.
Without prejudice to the generality of the above, Helium Health is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the hospital. User understands and agrees that Helium Health will not be liable, without limitation, for:
1. User interactions and associated issues User has with the hospital;
2. the ability or intent of the hospital(s) or the lack of it, in fulfilling their obligations towards Users;
3. any wrong medication or quality of treatment being given by the hospital(s), or any medical negligence on part of the hospital(s);
4. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the hospital to provide agreed Services.
5. any misconduct or inappropriate behavior by the hospital or its staff.
6. cancellation or no show by the hospital or rescheduling of booked appointment or any variation in the fees charged.
Users can provide feedback about their experiences with the hospitals; however, the User shall ensure that the same is provided in accordance with applicable law. User however understands that Helium Health shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestionsfor delisting of a hospital from the Website or application.

13. Cancellation and Refund Policy

Users will not be entitled for any refunds in cases where, the hospital 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 Services from the said hospital.

14. No Doctor-Patient Relationship; Not for Emergency Use

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 or application (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 Helium Health 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 hospital.
It is hereby expressly clarified that, the Information that you obtain or receive from Helium Health 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 or application. 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.
The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are a User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.

15. Reviews and Feedback

By using this Website, you agree that you have read our Privacy Policy and understand that any information shared by you with Helium Health will be subject to it. Any information you decide to share with a hospital will be subject to arrangements between you and that hospital, including their privacy policy as may be in effect from time to time.

You are solely responsible for the content that you choose to submit for publication on the Website or application, including any feedback, ratings, or reviews (“Critical Content”) relating to hospitals or other healthcare professionals. The role of Helium Health in publishing Critical Content is restricted to that of an ‘intermediary’. Helium Health disclaims all responsibility with respect to the Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’. Helium Health shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

You hereby agree not to post or publish any content on the Website or application that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation. Helium Health at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law. You agree that Helium Health may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

Obtaining feedback in relation to Website or Helium Health’s services; and/or
Obtaining feedback in relation to any hospitals listed on the Website or application; and/or
Resolving any complaints, information, or queries by hospitals regarding your Critical Content; and/or
marketing / offering new services to you; andor
other purposes as deemed necessary by Helium Health upon notification to you.

You agree to provide your fullest cooperation further to such communication by Helium Health.

16. Records

Helium Health will provide Users with a facility known as ‘Records’ on the Website or application. Information available in your Records is of two types:

User-created: Information uploaded by you or information generated during your interaction with Helium Health ecosystem, e.g.: appointment, medicine order placed by you.
Practice-created: Health Records generated by your interaction with a hospital or its staff.

The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

Your Records is only created after you have signed up and explicitly accepted these Terms.
Any hospital created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the hospital and Helium Health does not validate the said information and makes no representation in connection therewith. You should contact the relevant hospital in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Helium Health is not liable for any interruption that may be caused to your access of the Services.
The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your hospital. In the event of any medicine reminders provided by Helium Health, you should refer to your prescription before taking any medicines. Helium Health 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 Website or application.
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. Helium Health is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Helium Health.
Helium Health uses industry–level security and encryption to your Health Records. However, Helium Health 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 Helium Health of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@heliumhealth.com.
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 the right to share, upload and publish any sensitive personal information of your dependent. Helium Health assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Helium Health and its officers against any such claim or liability arising out of unauthorized use of such information.
In case you want to delete your Account, you can do so by contacting our service support team. However only your account will be deleted, and your Health Records stored by your hospital will continue to be stored in their respective accounts.
You may lose your “User created” record, if the data is not synced with the server.
If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
Helium Health is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
The Health Records are shared with the phone numbers that areprovided by your hospital. Helium Health is not responsible for adding the Health Records with incorrect numbers if those incorrect numbers are provided by the hospital.
Helium Health is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your hospital is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
Helium Health has the abilityin its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
Helium Health will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
You agree and acknowledge that Helium Health may need to access the Health Record for cases such as any technical or operational issue of the User in access or ownership of the Records.
You acknowledge that the hospital you are visiting may engage Helium Health ‘s software or third party software for the purposes of the functioning of the hospital’s business and Helium Health’s services including but not limited to the usage and for storage of Records in accordance with the applicable laws.
To the extent that your Records have been shared with Helium Health or stored on any of the Helium Health products used by hospitals you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Helium Health pertaining to such previously visited hospitals who have tie ups with Helium Health for the purposes of their business and for Helium Health’s services including but not limited to the usage and for storage of Records in accordance with the applicable laws and further agree, upon creation of your account with Helium Health, to the mapping of such Records as may be available in Helium Health’s database to your User account.

17. Helium Health Reach Rights

Helium Health reserves the right to display sponsored ads on the Website and the Website or application. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Helium Health will not be liable for the accuracy of information or the claims made in the Sponsored ads. Helium Health does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Helium Health will not be liable for the services of the providers of the Sponsored ads.

You 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 Helium Health accepts no liability for the same.

18. Rights and Obligations Relating to Content

Helium Health hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
1. Belongs to another person and to which the User does not have any right to;
2. 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;
3. harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonate another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. threatens the unity, integrity, defence, security or sovereignty of India, 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.
Users are also prohibited from:
1. violating or attempting to violate the integrity or security of the Website or application or any Helium Health Content;
2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website or application that is disruptive or competitive to the provision of Services by Helium Health;
3. intentionally submitting on the Website or application any incomplete, false or inaccurate information;
4. making any unsolicited communications to other Users;
5. 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 or application;
6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website or application;
7. copying or duplicating in any manner any of the Helium Health Content or other information available from the Website or application;
8. framing or hot linking or deep linking any Helium Health Content.
9. circumventing or disabling any digital rights management, usage rules, or other security features of the application.
Helium Health, 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 14 (a) and (b). Helium Health 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 Terms of Use (including the Privacy Policy) by a User, Helium Health has the right to immediately terminate the access or usage rights of the User to the Website or application and Services and to remove non-compliant information from the Website or application.
Helium Health 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.
Helium Health respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

19. Termination

Helium Health reserves the right to suspend or terminate a User’s access to the Website or application and the Services with or without notice and to exercise any other remedy available under law, in cases where,
1. Such User breaches any terms and conditions of the Terms of Use or other signed agreement;
2. A third-party reports violation of any of its right as a result of your use of the Services;
3. Helium Health is unable to verify or authenticate any information provided to Helium Health by a User;
4. Helium Health has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
5. Helium Health believes in its sole discretion that User’s actions maycause legal liability for such User, other Users or for Helium Health or are contrary to the interests of the Website or application.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website or application 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 or application 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.

20. Limitation of Liability

In no event, including but not limited to negligence, shall Helium Health, 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 application or the Content, materials and functions related thereto, User’s provision of information via the Website or application, lost business or lost Users. In no event shall the Protected Entities be liable for:

any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website or application;
any unauthorized access to or alteration of your transmissions or data; or
any other matter relating to the Website or application.

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 Terms of Use or a User’s use of the Website or the Services exceed the cost of the relevant Service. This Section 20 will not apply to the extent damages cannot be disclaimed or limited under applicable law or regulation.

21. Retention and Removal

Helium Health may retain such information collected from Users from its Website or application or Services for as long as necessary in accordance with applicable laws, depending on the type of information; purpose, means and modes of usage of such information.

22. Medical Disclaimer

THIS WEBSITE AND THE SERVICES PROVIDED BY HELIUM HEALTH ARE NOT DESIGNED TO, AND DO NOT PROVIDE MEDICAL ADVICE, PROFESSIONAL MEDICAL DIAGNOSIS OR OPINION, MEDICAL TREATMENT, PSYCHOLOGICAL THERAPY OR MEDICAL SERVICES. YOUR USE OF OUR SERVICES DOES NOT CREATE A PATIENT/PHYSICIAN RELATIONSHIP AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT BY A PHYSICIAN OR OTHER HEALTHCARE PROVIDER. IF YOU BELIEVE YOU ARE CONFRONTED WITH ANY HEALTH PROBLEM OR MEDICAL CONDITION, YOU SHOULD PROMPTLY CONSULT YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. NEVER DISREGARD MEDICAL OR PROFESSIONAL ADVICE, OR DELAY SEEKING IT, BECAUSE OF INFORMATION YOU HAVE RECEIVED THROUGH OUR SERVICES. IF YOU ARE PRESENTED WITH A MEDICAL EMERGENCY YOU SHOULD IMMEDIATELY CALL FOR EMERGENCY MEDICAL ASSISTANCE OR YOUR PHYSICIAN.

23. Applicable Law and Dispute Settlement

You agree that this Terms of Use and any contractual obligation between Helium Health and User will be governed by the laws of the Federal Republic of Nigeria.
If a dispute or difference arises as to the validity, interpretation, effects or rights and obligations of the Parties under this Terms of Use, the Parties shall use their best endeavor to reach an amicable settlement of dispute.
If any such dispute is not settled between the Parties within fourteen (14) days, the Parties agree to submit such dispute to Mediation at the Lagos State Multi-Door Courthouse (LMDC) for resolution under the provisions of Lagos State Multi-Door Courthouse (LMDC) Law 2007.]

24. Contact Information

If a User has any questions concerning Helium Health, the Website or application, these Terms of Use, or anything related to any of the foregoing, Helium Health User support can be reached at the following email address: support@heliumhealth.com.

Last updated: August 24, 2020

HeliumCredit Privacy Notice

Introduction

ONE GLOBAL MEDICAL TECHNOLOGY LTD (“HeliumCredit”, “We”, “Us”, or “Our”) is a healthcare technology company transitioning Africa’s health care to a data-driven system through the provision of software products and services. Our HeliumCredit product offers quick, collateral-free loans to healthcare facilities (the “Facilities”).

This Privacy Notice (“Notice”) governs your use of our website: https://heliumhealth.com/healthcare-financing.html (“the website) and your rights regarding our collection, use, storage and protection of your data. Your privacy is important to us.

Your data that we process

Personal data means any information about an individual from which that person can be directly or indirectly identified. For example, while using the website, we may ask you to provide us with certain personal data directly to contact or identify you, and some automatically for our website to function effectively. We also collect personal data through your use of our services or from third-party sources. The data we obtain include:

Your full name;
Your email address;
Phone number;
Business name verification
Residential address;
Amount of loan needed and purpose;
Running loan history;
Business name & CAC registration number
Financial data (account name and number, Bank financial statement, BVN);
The IP address used to connect your device to the internet for identification purposes;
Login email address and password;
Name of the internet service provider (ISP);
Date and time of visit; and
Web pages visited, duration and frequency of visit.

Cookies

Cookies are tools used to automatically collect information from you when you visit our Website. We use cookies, and information about the usage is specified in our Cookie Notice.

Lawful Bases for processing data

We are required to process your data under at least one of these lawful bases:

Legitimate interest: Processing your data is necessary for our legitimate interests or the legitimate interests of a third party, provided your rights and interests do not outweigh those interests.
Consent: You have given explicit consent for us to process your data for a specific purpose.
Contract: If the data processing is necessary for a contract, you have with us or because we have asked you to take specific steps before entering into that contract.
Legal obligation: If the processing of your data is necessary where there is a statutory obligation on us.
Purpose of processing your data and the lawful bases

We collect your data to:

Purpose of Processing	Lawful Bases
For the administration of our businessTo help us to develop, improve, customise or restructure our servicesTo enforce our terms of service and any terms and conditions of any other agreements for our servicesTo run a credit check on you	Legitimate interest, contract
To send marketing or promotional messages to you	Consent
To take statistical data for use internally To send you service-related messagesTo analyse Site usage and provide, maintain and improve the content and functionality of the Site	Legitimate interest
To secure your data and prevent fraud	Legitimate interest, legal obligation
To provide credit services to youTo manage your account and profileTo track your repayment scheduleTo communicate with you and for customer support	Contract
To inform you whenever there are changes to our terms of business or services	Legal obligation, contract
To process your health dataTo install non-strictly necessary cookies on your device	Consent
To fulfil our Know-Your-Customer (KYC) obligationTo interact with regulatory authorities or other public authorities concerning you	Legal obligation

Your rights as a data subject

As a data subject, the law vests you with certain rights—they include the right to:

access personal data we hold about you by requesting a copy of the personal data we hold about you;
rectify such information where you believe it to be inaccurate;
restrict the processing of your data in certain circumstances;
object to the processing of your data where we intend to process such data for marketing purposes;
where feasible, receive all personal data you have provided to us—in a structured, commonly used, and machine-readable format—and transmit the information to another data controller;
be informed of the existence of automated decision-making, including profiling and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing;
request the erasure of your data (also known as the right to be forgotten);
withdraw your consent to the processing of your data; and
lodge a complaint with a relevant authority, where you have reason to believe that we have violated the term(s) of this Privacy Notice. (You may complain or seek redress from us within 30 days from the time you first detected the alleged violation.).

You may seek to exercise any of the above rights at any time by sending us an email via dpco@heliumhealth.com.

The supervisory authority is the National Information Technology Development Agency (NITDA), and the complaint can be sent via email at dpo@nitda.gov.ng

Who we share your data with

We share your data with the following third parties:

Third Parties	Purpose of data sharing
Indicina	We use their services to automate the process of granting you a loan. Please read their privacy notice here.
Evolve Credit	We use their services to manage our loan product from end to end.
Remita	We use their services to enable you to make loan repayments. Please read their privacy notice here.
Corporate Affairs Commission (CAC) Portal	We use their services to verify information like your business name. Please read their privacy notice here
Federal Inland Revenue Services (FIRS) portal	We use their services to verify information like your business name. Please read their privacy notice here
Docusign	We use their services to enable you to sign your agreements with us. Please read their privacy notice here.
CRC Credit Bureau	We use their services to obtain your credit history. Please read their privacy notice here
Okra	We use their services to enable our users to authorise data sharing to our platform. Please read their privacy notice here.
Linkedin	To run ads on Linkedin and for content delivery network service. Please read their privacy notice here
Hotjar	For analytics purposes. Please read their privacy notice here
Facebook:	Facebook: to connect to Facebook.
Mono	We use their services to enable our users to authorise data sharing to our platform. Please read their privacy notice here.
Paystack Flutterwave	To aid disbursement of loan into the applicant’s account. Please read their privacy notice here To aid disbursement of loan into the applicant’s account. Please read their privacy notice here
Intercom	For content delivery network service. Please read their privacy notice here
Google Analytics	To provide statistics on website use. Please read their privacy notice here
Current and future subsidiaries and affiliated entities	We may disclose your data to our current and future subsidiaries and affiliated entities that provide services, including payment processing services or conduct data processing on our behalf, or for data verification, data centralisation and/or logistics purposes.
Legal and Regulatory Authority	We may disclose your data if we believe it is reasonably necessary to comply with a law, regulation, order, subpoena, audit, or to protect the safety of any person, to address fraud, security or technical issues.
Service Providers	We may share your personal data with service providers to enable them render services to us.

Retention of your data

Your data or any other information collected will be stored for as long as necessary to fulfil the purposes described in this Notice. However, we will also retain data subject to relevant provisions of applicable laws, resolve disputes, and enforce our legal agreements and policies. In addition, we delete your data for targeted marketing purposes once you unsubscribe from our marketing communications.

Please note that your data may be retained for a more extended period, notwithstanding your request to remove your data, where there is a legal requirement to do so.

How your data is stored and secured

We are very particular about preserving your privacy and protecting your data. We deploy all reasonable and appropriate technical and organisational measures to keep your data safe. However, we cannot completely guarantee the security of any information you transmit via our website, as the internet is not an entirely secure place. Nevertheless, we are committed to doing our best to protect you.

We protect your data using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration. In addition, we use some safeguards to ensure all APIs and data processing suites run through a secure (HTTPS) route and encryption of sensitive information using the SHA512 standard.

Where there is an actual or suspected data breach capable of causing harm to your rights and freedoms, we will notify you without undue delay and use our best effort to remedy the breach promptly.

International transfer of data

To achieve the purposes described in this Notice, we may transfer your data to countries that may not offer an adequate protection level or are not considered to have sufficient law by the National Information Technology Development Agency (NITDA). Where personal data is to be transferred to a country outside Nigeria, we shall put adequate measures to ensure data security.

Our data transfers to countries that do not offer an adequate protection level are subject to the Nigeria Data Protection Regulation (NDPR) conditions. We will therefore only transfer Personal Data out of Nigeria on one of the following conditions:

Your consent has been obtained;
The transfer is necessary for the performance of a contract between Us and you or implementation of pre-contractual measures taken at your request;
The transfer is necessary to conclude a contract between Us and the third party in your interest;
The transfer is necessary for reason of public interest;
The transfer is for the establishment, exercise or defence of legal claims; or
The transfer is essential to protect your vital interests or other persons, where the data subject is physically or legally incapable of giving consent.

Please get in touch with us to obtain relevant information regarding your data transfers to third countries (including the appropriate transfer mechanisms).

Automated decision-making

We use personal data to make automated decisions to enable us determine your eligibility for credit in order to offer quick, collateral-free loans to grow your practice.

Marketing and communications

We only send marketing communications to you with your consent. You may opt out of our marketing emails by clicking on the ‘unsubscribe’ button at the bottom of the page.

Complaints

If you are concerned about an alleged breach of data protection law or any other regulation by us, you can contact the Data Protection Officer (DPO) via dpco@heliumhealth.com. The DPO will investigate your complaint and provide information about how your complaint is handled.

Please be informed that you may complain to the relevant data protection authority where your complaints are not satisfactorily addressed.

Changes to this Notice

We update our privacy notice from time to time. We will notify our users when we change it, and visitors will know this by checking the last date of update on this page whenever you visit.

Contact Us

If you have any questions about this Notice, you can reach us via dpco@heliumhealth.com.

HeliumCredit – Terms of Use

The use of this Platform (Website and Services) implies that the User has read and accepted our Terms of Use. If you disagree with any part hereof, do not access the Platform.

About Us:

ONE GLOBAL MEDICAL TECHNOLOGY LTD (“HeliumCredit”, “We”, “Us”, or “Our”) is a healthcare technology company transitioning Africa’s health care to a data-driven system, through the provision of software products and services. Our HeliumCredit product offers quick, collateral-free loans to healthcare facilities (the “Facilities“).

This Terms of Use is an Agreement between you and HeliumCredit. It details HeliumCredit’s obligations to you. It also highlights certain risks on using the Services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this Website or any of our Services.

Certain terms or definitions used in these Terms of Use shall be found in the Loan Agreement between HeliumCredit and the Facilities.

Privacy Notice:

HeliumCredit is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Notice to understand how we use your information and the steps we take to protect your information.

Registration:

To use our Platform, you have to create an Account by registering. To register, you will provide us with certain information such as your email, first name, last name, business name and phone number and we may seek to verify your information (by ourselves or through third parties) after which we will approve your Account unless deemed risky. You give us permission to do all these.

Age Restriction:

Our Website and Services are not directed to persons under 18. We do not knowingly transact or provide any services to persons under 18.

You are independently responsible for complying with all applicable laws related to your use of our Website and Services.

Change of Information:

In the event that you change any information provided to us at registration including your business name, address, financial institution, mode of payments or where a corporate restructuring occurs, you agree to notify us within seven (7) days of such change. We may be unable to respond to you if you contact us from an address, telephone number or email account that is not registered with us.

Representations and Warranties:

You represent and warrant to HeliumCredit that:

You have full power and authority to enter into, execute, deliver and perform this Agreement;
You are duly organised, authorised and in good standing under the laws of the Federal Republic of Nigeria or any state, region or country of your organisation and are duly authorised to do business in all other states, regions or countries in which your business operates;
You are registering an Account on behalf of your healthcare facility;
You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations;
Any information you provide to us, both when you register and in the future, is and will be true, accurate, current and complete;
You will keep all information up-to-date; and
You accept and agree to this Terms.

Account Security:

You agree not to allow anyone else to have or use your password details and to comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, HeliumCredit will not be liable to you for losses or damages. You will also take all reasonable steps to protect the security of the personal electronic device through which you access HeliumCredit Services (including, without limitation, using PIN and/or password protected personally configured device functionality to access HeliumCredit services and not sharing your device with other people). You are responsible for securely managing your password(s) for the Services and to contact HeliumCredit if you become aware of any unauthorised access to your Account.

Links to or Connections with Third Party Sites or Applications:

Our Services or communications to you may contain third party content or links to third party sites, applications or services (collectively, “Third Party Content”). Our Services may also include features that allow you to connect your Account with accounts or services provided by third parties, such as accounts you maintain with financial institutions or social media platforms like Facebook (collectively, “Third Party Services”). We do not control, maintain, or endorse the Third Party Content or Third Party Services, and we are not liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the Third Party Content or Third Party Services providers, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy notices and terms of service. We are not responsible for any information you agree to share with third parties connected with Third Party Content or Third Party Services.

Lending Terms:

Your Obligations:

You agree to be bound by the Loan Agreement executed between You and HeliumCredit. You agree to pay HeliumCredit the Loan Sum, including any convenience, default or penalty fees, flat interest rate, and other amounts due to HeliumCredit charged to this Account. You also promise to pay these amounts as agreed in this Agreement on or before the Payment Due Date.
HeliumCredit reserves the right to presume that You have authorised any loan application made in your Facility’s name using this Account. You will be deemed responsible for any unauthorised application using this Account.
You agree to repay the loan given to You via direct cash transfer to a bank account listed by HeliumCredit, an electronic debit from the card/account You provided on the due date, or through an acceptable electronic channel. HeliumCredit reserves the right to accept early repayment before the Payment Due Date, provided You have given adequate notice and repay the entire Loan Sum along with the accrued interest.
In the event of a default or insufficiency of funds in Your bank account, You hereby authorise Us to charge any other cards You may have on your Account or profile other than the primary card listed.
- You understand and agree that We do not store card details on Our platform; thus, card details shall be processed through a secure payment gateway that is PCI DSS compliant.
- You agree to give HeliumCredit authentic and up-to-date personal, social media, phone and financial records about You that We may reasonably request and analyse from time to time.
- You agree to pay all collection costs if HeliumCredit takes any action to collect the Loan Sum or take any action in a bankruptcy proceeding filed by or against You. This shall include, unless prohibited by applicable law, reasonable attorneys’ fees and expenses incurred while collection lasts.
- You agree not to give Us false information or signatures, electronic or otherwise, at any time.
- You agree to pay a Late Fee or penalty fee as may be provided in this Agreement.

You agree to promptly notify HeliumCredit if You change Your business name, mailing address, e-mail address or telephone number.
You hereby agree to honour any other commitment that You make in this Agreement.
Not to use HeliumCredit for any act of illegality or criminality, and HeliumCredit shall not be legally or criminally culpable for any illegality committed by You.

‍Our Obligations:

We agree to make available the Loan Sum/Credit Facility available to You provided You meet our set requirements and criteria.
We agree to perform Our obligation under (a) above upon confirmation by Us of Your identity and personal information.
To demand repayment from You as at when due.
To conduct investigations on You before opening an account for You.
To use all reasonable and legitimate means to recover the Credit Facility extended to You, the default fee, the transaction fees and any other penalty fee may be imposed on You as a result of the Credit Facility.
Not to store or save your debit or credit card details given by You during Your application.
By accepting these Terms and Conditions, You hereby covenant to repay any outstanding obligation as at when due. If You do not repay any outstanding obligation as agreed, and such obligation becomes delinquent, HeliumCredit shall have the right to report the delinquent obligation to the Central Bank of Nigeria through the Credit Risk Management System (“CRMS”) or by any means, and request the Central Bank of Nigeria to exercise its regulatory powers to direct all banks and other financial institutions under its regulatory purview to set-off Your indebtedness from any money standing to Your credit in any bank account and from any other financial assets they may be holding for Your benefit.
You covenant and warrant that HeliumCredit shall have the power to set off Your indebtedness under this Agreement from all such monies and funds standing to Your credit/benefit in any and all such accounts or from any other financial assets belonging to You and in the custody of any such bank.

Credit Reference:

We or Our duly authorised representatives/agents will utilise dedicated Credit Bureaus for a credit report on You in considering any application for a credit facility.
You authorise Us to access any information available to You as provided by the Credit Agency.
You also agree that Your details (excluding the card details) and the Loan application decision may be registered with the Credit Bureau.

Unacceptable Use:

You shall not and shall not permit any person using your Device or Account to:

use this Platform in a way that causes or could cause damage or restrict the availability or accessibility of the Platform;
store, copy, transmit, publish or distribute any computer virus, spyware, Trojan horse, worm, keystroke logger or other malicious software via this Platform;
conduct any fraudulent or illegal activities via the Platform;
You hereby understand and agree that if a fraudulent activity is associated with the operation of your Account, We have the right to apply restrictions to your Account and report to the appropriate law enforcement agencies.

Intellectual Property:

Our Content:

All content and materials, including but not limited to images, text, visual interfaces, information, data, and computer code, provided by us through our Services (our “Content”) and all related intellectual property rights are the property of HeliumCredit and/or its third-party licensors. Our content is protected by Nigerian and international intellectual property laws and treaties. You are permitted to use our content only on our Services. You may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to use our content except as expressly stated in the Agreement.

Our Partners’ Intellectual Property:

Our Services may also display specific intellectual property, such as company, product, and service name and logos, owned by our partners (our “Partners’ Intellectual Property”). Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any licence or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from or transmit in any form (including in-line linking or mirroring) any of our Partners’ Intellectual Property.

Disclaimer:

We try to keep HeliumCredit available at all times, bug-free and safe, however, you use it at your own risk.

Our Website and Services are provided “as is” without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, HeliumCredit makes no warranty that our Website and Services will meet your requirements or that our Website will be uninterrupted, timely, secure, or error free. No advice or information, whether oral or written, obtained by you through our Website or from HeliumCredit, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “HeliumCredit parties”) shall create any warranty.

Limitation of Liability:

YOU AGREE TO THE LIMITATION LIABILITY CLAUSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: HELIUMCREDIT WILL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET HELIUMCREDIT’S SYSTEMS REQUIREMENTS. HELIUMCREDIT SHALL ALSO NOT BE LIABLE TO ANY DAMAGES INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER HELIUMCREDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT) ARISING OUT OF HELIUMCREDIT’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE, OR ARISING FROM THE RESULT OF USE OF HELIUMCREDIT’S WEBSITE OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY.

Indemnity:

You agree to defend, indemnify, and hold HeliumCredit, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

Exclusions:

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any HeliumCredit Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the HeliumCredit Party’s liability shall be the minimum permitted under such applicable law.

Applicable Law:

These Terms of Use shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria.

Dispute Resolution:

All disputes arising from this Agreement shall be governed by and construed in accordance with Nigerian law.

Any dispute arising out of or relating to this Agreement, including any question regarding its existence, validity, contractual obligation or termination by the Parties, shall be settled through amicable informal and formal discussions between the Parties.

If any such dispute is not settled between the Parties within fourteen (14) business days, the Parties agree to submit such dispute to Mediation at the Lagos State Multi-Door Courthouse (LMDC) for resolution under the provisions of Lagos State Multi-Door Courthouse (LMDC) Law 2007.]

In the event that such dispute is not resolved amicably within 1 (one) month, such dispute shall be resolved by the applicable court of competent jurisdiction. Parties agree that the defaulting party would be liable for litigation costs accruing to the contractual disputes.

Termination:

You may terminate this Agreement by closing your Account.

We may suspend your Account and your access to our Services and any funds, or terminate this Agreement, if:

you do not comply with any of the provisions of this Agreement;
we are required to do so by a Law;
we are directed by a financial institution; or
where a suspicious or fraudulent transaction occurs.

Severability:

If any portion of this Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from the Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.

Updates, Modifications and Amendments:

We may need to update, modify or amend our Terms of Use, tools, utilities, or general updates as our technology evolves. We reserve the right to make changes to this Terms of Use at any time by giving notice to users on this page.

We advise that you check this page often, referring to the date of the last modification on the page. If a User objects to any of the changes to the Terms of Use, the User must cease using our Website and/or Services immediately.

Complaints:

If you have any complaints or reservations about us or any of the Services we provide, you may contact us via email at heliumcredit@heliumhealth.com.
Last updated: 10^th December, 2021

Privacy Policy

Service Level Agreement (SLA)

This Service Level Agreement (“theAgreement”) sets forth One Global Medical Technology Ltd’s (hereinafter referred to “HeliumHealth” or “the Service Provider”) obligations to provide support services, to its clients, with respect to its basic Electronic Health Records (“EHR”) technology.

DEFINITIONS AND INTERPRETATIONS

Unless as otherwise defined, the capitalized terms used in this Agreement shall have the same meaning as used in the Solution License Agreement.

1.1 “Business Days” means everyday excluding Saturdays, Sundays and Public Holidays declared by the Federal Government in Nigeria.

1.2 “Days” means every day (including weekends and public holidays declared by the Federal Government in Nigeria) in a calendar month.

1.3 “Force Majeure” means any event or circumstance beyond the reasonable control of the Parties that is not foreseeable, is unavoidable and its origin is not due to negligence or lack of care on the part of the Parties. Such events include but are not limited to acts of God, fire, flood, invasion, war, revolution, uprising, insurrection, social/public unrest, public disturbance, strike, riots, fire disaster, storm, pandemics or epidemics (excluding COVID-19 and related epidemics or pandemics), acts of terrorism and any other circumstance which may hinder or delay the performance of the obligations of the Parties under this Agreement.

1.4 “Incidents” means an unplanned interruption to an IT Service or reduction in the quality of an IT service.

1.5 “Problems” is a cause of one or more incidents. Recurring “Incidents” or raised incidents (with a temporary workaround and break-fix) will transition to “problems” and undergo fix efforts by providing support in the aftermath by confirming the root cause, implementing a permanent fix and preventing a future occurrence.

1.6 “Response Timelines” means the amount of time between when the client first creates and logs an incident (with required information) and when the Service Provider acknowledges the receipt of the “incident” and the requestor is advised their issue has been received and is being addressed.

1.7 “Resolution Timelines” means the amount of time it takes to resolve a requester’s issue or answer their question. The time between when the requestor first creates an incident request, triages and solves the incident with a workaround, permanent fix or transition to problem management for further investigation.

1.8 “Deployment” means the installation of the Software on the Client’s server and provision of documentation and information necessary for the Service Provider to commence staff registration, tariff uploads, form customizations, setting up of wards and staff training.

1.9 “Maintenance Services” involves all functionalities that are present within the Product (staff registration, software/solution updates, price change, bug fixes, feature enhancements etc.) that the Client will require Service Provider’s support team to handle after the Go-live date.

1.10 “Effective Date” means the date the last signing Party executes this Agreement.

1.11 “Service Charge” means the monetary amounts specified in Clauses 5 of this Agreement

1.12 “Product” means one or more of the following products:

Helium EHR – Electronic Health Records (EHR)
MyHelium – Personal Health Records (PHR)
HeliumCredit for Hospital Facilities – Credit for Hospital Facilities
HeliumCredit for Patients – Credit for Patients
TeleClinic – Telemedicine
HeliumPay – Multichannel Payment Processing

The relevant product requested by the Client shall be as indicated in Appendix 1 and shall be subject to the product’s Terms of Use and the Privacy Policy accepted by the Client on Helium Health’s website: www.heliumhealth.com.

1.13 “Software” means the software designed and developed by Helium Health and intended to be used for the provision of the Product(s) to the Client.

COMMENCEMENT, DURATION AND TECHNICAL SUPPORT

2.1 This Agreement shall commence from the Effective Date and shall be in force unless terminated in accordance with the provisions of this Agreement (the “Term”).

2.2 The Service Provider shall provide technical support by telephone on +23418883344 and e-mail: support@heliumhealth.com, as well as through other support channels as may be communicated by the Service Provider to the Client. Best efforts will be made to respond within the time period specified in the applicable Service Level.

2.3 In the event of an information security incident or event, the Client shall immediately report the incident or event to the Service Provider via the designated Incident Report Form, or incident reporting email address (security@heliumhealth.com) or by calling the incident reporting hotline (+23418883344 ext 4444). The Client shall provide a detailed description of the incident or event, including any relevant information or documentation.

2.4 With effect from the Effective Date and for the Term of this Agreement, the Service Provider shall provide in respect of the Product, such category of technical support as indicated in the table below, and subject to the Response Time and Resolution Time in Clause 3.

Level of Support	Support Scope
Basic	The Service Provider’s help desk operator responds to a Support Request by answering general questions received directly from the Client related to certain functions of the Product. If this Basic level of support cannot immediately resolve the problem, the Support Request is escalated to the Advanced Level, which requires the involvement of technical support specialists.
Advanced	Advanced support is provided by the Service Provider’s Technical Support Specialist who will assess and resolve operational software issues. This level of support does not perform code modifications. If the resolution requires code modification, the Support Request is escalated to the Expert Level.
Expert	Expert support is provided by the Service Provider’s Application Support Specialist. This level of support will perform code modifications, if required, to resolve a problem found in the Product that prevents the Product from operating as intended by the Client
Customization	Customization means any deviation in functionality, data or workflow from the Product delivered on the Deployment Date. A team consisting of at least three (3) software engineers, 1 (one) systems administrator, 1 (one) quality assurance specialist and 1 (one) project manager (for which an extra cost may apply) is provided for the customization support. This level of support does perform Product customization requested by the Client which may involve a change in the Product code, its functionality and/or its presentation, and does assist with the integration of the Product with the Client’s existing database or network. Other areas of customization support may or may not be available. Availability of specific services will be determined by the Service Provider and its representatives. Should the Client require Customizations, the Parties shall discuss the Customization and agree on the delivery timeframe and fee, which shall be payable by the Client within 30 days of receipt of an invoice thereof but in any case, not later than 60 days.
Information Security Incident or Event	The Service Provider shall acknowledge receipt of the report within four (4) business hours and shall commence investigations as soon as practical. The Client shall cooperate with the Service Provider in any investigations related to the incident or event.

2.5 The Client shall supply in writing to the Service Provider a detailed description of any fault requiring technical support and the circumstances in which it arose forthwith upon becoming aware of the same

2.6 Should the Client require onsite support involving the Service Provider’s personnel 12 weeks (s) after Deployment Date, the support service charge shall apply.

2.7 Technical support shall not include the diagnosis and rectification of any fault resulting from:

2.7.1 The improper use, operation or neglect of the Product

2.7.2 The merger by the Client of the Product with any other software

2.7.3 The failure by the Client to implement recommendations in respect of or solutions to faults previously advised by the Service Provider.

2.7.4 The use of the Product for a purpose for which it was not designed

2.8 The Service Provider may upon request by the Client provide technical support notwithstanding that the fault results from any of the circumstances described in clause 2.5. The Service Provider shall in such circumstances be entitled to levy additional charges, which shall be levied monthly in arrears and shall be payable by the Client within 30days of receipt of an invoice thereof.

SERVICE LEVEL REQUIREMENTS

3.1 Service Availability

In fulfilling its obligations in this Agreement, the Service Provider shall:

3.1.1 Maintain availability at a 99.9% uptime level for the Solution managed on the Service Provider’s cloud infrastructure with adequate redundancies in place to avoid transaction loss.

3.1.2 Provide support via a dedicated email address, phone number and help desk.

Email	support@heliumhealth.com
Phone	+23418883344
Support Help Center portal	http://helpcenter.heliumhealth.com/
Hours of Operation	Monday – Friday 9am – 6pm

3.2 Severity Levels

3.2.1 Severity Ratings, which shall be determined after the Service Provider responds to the Client and has a thorough understanding of the nature and effect of the application issue or failure, shall govern the maximum time acceptable to solve the issue or failure;

3.2.2 The following characteristics are used to identify the severity of a problem report, which is generated by a Service Request:

Characteristics	High	Medium	Low
Work Outage	The application failure causes the Client to be unable to work or perform some significant portion of its work.	The application failure causes the Client to be unable to perform some portion of its work, but the Client is still able to complete most other tasks or answer questions and requests for information.	The application failure causes the Client to be unable to perform a small portion of its work, but still able to complete most other tasks.
Number of Units Affected	The application failure affects a large number of Units	The application failure affects a small of number Units	The application failure affects one or two Units
Workaround	There is no acceptable workaround to the problem (i.e., the work immediately required cannot be performed in any other way).	An acceptable workaround to the problem may be possible within a short period of time.	An acceptable workaround is already in place
Response Time	0-30 minutes	0-30 minutes	0-30 minutes
Resolution Time (Temporary workaround)	2 hours	4 hours	48 hours
Resolution Time (Permanent)	The maximum acceptable resolution time is 48 continuous hours after initial response time.	The maximum acceptable resolution time is 5 days	The maximum acceptable resolution time is 14 days

3.2.3 It is understood that there may not be an exact match of each characteristic when assigning a particular Severity Rating to a problem report. The problem presented shall be evaluated against each of the characteristics to make an overall assessment of which severity level best describes the problem. Upon consultation with the Client, the Basic Level support provider shall determine the initial Severity Rating based on the problem report. An Advanced Level and/or Expert Level support provider may modify the Severity Rating after the report is escalated to them and is further assessed.

3.3 Service Monitoring

In fulfilling its obligations in this Agreement, the Service Provider shall provide:

3.3.1 Configure a read-only version of the solution on a disaster recovery server.

3.3.2 Configure data backup scheduling and storage via media (e.g. External Hard Drive), while the Client is responsible for monitoring the data backups and performing periodic testing on a disaster recovery server.

3.4 Escalation

If Incidents are of a serious nature (for example Critical Incidents) and resolution steps are taking too long or proving too difficult. The escalation chain below should be contacted to ensure that management is aware and informed to take any necessary action.

The Helium Health Hierarchical Escalation Process is as follows:

Contact Levels	Functional Contacts	Email Address
Level 1	Service Team Lead	daziba@heliumhealth.com
Level 2	Tech Support Manager (TSM)	adeolu@heliumhealth.com
Level 3	Head, Service Management	bolanle@heliumhealth.com
Level 4	Chief Product and Data Officer	dami@heliumhealth.com

SUPPORT SERVICE CHARGES

4.1 Non – Chargeable Work

Maintenance Services are provided as part of the clients’ license fee. This falls into two main categories:

Incident Management and Service Requests: A service request or an issue reported by the user which requires the Service Provider to supply a solution or fix for a bug in order for the customer to use the system as normal.
Product Version Update/Upgrade: Upgrading the solution on the Client’s server to a newer version.

4.2 Chargeable Work

All non-issue related requests are chargeable. Examples include:

1	All forms of training requested three (3) months post-deployment.
2	Tariff and inventory reconfiguration requested three (3) months post-deployment.
3	Data Migration request.
4	New Finance Report/Modification request three (3) months post-deployment.
5	All Service Requests received during off working hours and weekends.

4.3 Process for charges and invoicing

4.3.1 The Service Provider shall inform the Client of the chargeable support work via email, and the Client shall provide a written acceptance notice before the work is carried out.

4.3.2 The Service provider shall share the invoice for the chargeable support work as soon as written confirmation is received from the Client.

4.4 Standard Charges for Support Work

4.4.1 Unless otherwise stated in the client contract, the standard fee is: Twenty Dollars ($20 USD) per hour

UPDATES & UPGRADES

5.1 The Service Provider shall keep the Client reasonably informed during the Term of this Agreement of its plans to Release Upgrades in respect of the Solution.

5.2 The Service Provider shall give the Client at least one (3) Business Day prior written notice of the Release of an Upgrade.

5.3 The Service Provider shall apply each Upgrade to the Solution within the period of twenty (20) Business Days following Release unless the Client gives a prior written notice to the Service Provider that it should not apply the Upgrade to the Solution.

SLA EXCLUSIONS

The Service Commitment does not apply to any unavailability, suspension, or termination of Software, or any other Software performance issues connected with the following:

6.1 that are caused by factors outside of our reasonable control, including any force majeure event or internet access or related problems beyond the demarcation point of the Service Provider (i.e. beyond the point in the network where the Service Provider maintains access and control over the Service Provider’s Services);

6.2 that result from any prohibited, negligent, or omitted actions of the Client

6.3 that results from the Client’s equipment, software, or other technology (excluding third-party equipment, software or other technology within the Service Provider’s control).

APPLICATION OF THE SOLUTION LICENSE AGREEMENT

As regards other operative clauses not expressly dealt with by this SLA, such as dispute resolution, governing law, force majeure, termination, limitation of liability, confidentiality, notices, intellectual property rights, data protection etc., the terms specified in the Solution License Agreement, executed between the Parties, shall apply to this SLA.

HeliumCredit Cookie Notice

This Cookie Notice explains what Cookies are and how We use them. You should read this Notice to understand the type of cookies We use or the information We collect using cookies and how it is used. Cookies do not typically contain any information that personally identifies a user. However, personal information that we store about You may be linked to the information stored in and obtained from Cookies.

For more details on how We use, store and keep your data secure, see our Privacy Notice.

We do not store sensitive personal information, such as mailing addresses, account passwords, etc., in the Cookies We use.

Interpretation and Definitions

The words whose initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear singular or plural.

For this Cookie Notice:

“Company” (referred to as either “the Company”, “HeliumCredit“, “We”, “Us” or “Our” in this Cookie Notice) refers to ONE GLOBAL MEDICAL TECHNOLOGY LTD of at Plot 1, Block 22, Nathan Terrace, Babatunde Anjous Avenue, Lekki Phase 1, Lagos State.

“Cookies” means small files that are placed on Your computer, mobile device or any other device by a website, containing details of your browsing history on that Website among its many uses.</li>

“Website” refers to HeliumCredit’s Website, accessible from https://heliumhealth.com/healthcare-financing.html.

“You” means the individual accessing or using the Website.

We use the following cookies on our Website:

Analytics cookies: They are used to understand how visitors interact with the Website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Functional cookies: They help to perform certain functionalities like sharing the Website’s content on social media platforms, collecting feedback, and other third-party features.
Advertisement cookies: They provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customised ads.

We use one cookie on our Website as described below:

Name	Provider	Purpose	Expiration	Type
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_hjSessionUser_1798902	Hotjar	This cookie is used to persist the Hotjar User ID, unique to that site on the browser. This ensures that behaviour in subsequent visits to the same site will be attributed to the same user ID.	1 year	First Party/Functional
_hjSession_1798902	Hotjar	This cookie is used to hold the current session data. In addition, it ensures that subsequent requests within the session window will be attributed to the same Hotjar session.	30 minutes	First Party/Functional
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_ga_WB2DX4QTVG	Google Analytics	Google Analytics installs this cookie to track usage.	2 years	First Party/Functional
_ga	Google Analytics	This cookie is used to calculate visitor, session and campaign data and keeps track of site usage for the site’s analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognise unique visitors.	2 years	First Party/Functional
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_hjFirstSeen	Hotjar	This cookie is used to identify a new user’s first session. It stores a true/false value, indicating whether it was the first time Hotjar saw this user.	30 minutes	First Party/Functional
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lang	LinkedIn	This cookie is used to remember a user’s language setting.	Sessional	Third Party/ Advertisement
bcookie	LinkedIn	This cookie is used to recognise browser ID.	2 years	Third-Party/ Advertisement
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AnalyticsSyncHistory	LinkedIn	This cookie is used to store information about when sync with the lms_analytics cookie took place for users in the Designated Countries.	1 month	Third-Party/Analytics
IDE	Doubleclick.net	The cookies store information about how the user uses the Website to present them with relevant ads and according to the user profile.	1year and 24 days	Third-Party/Advertisement

How to Manage and Delete Your Cookie

Unless you have adjusted your browser settings to refuse cookies, our system will issue cookies when you direct your browser to our Website. You can refuse to accept cookies by activating the appropriate setting on your browser. If you do not wish to accept cookies connected with your use of our Website, you may delete and block or disable cookies via your browser settings; see below for more information on how to do this. :

If you have any questions or complaints about this Cookie Notice, You can contact us by email at dpco@heliumhealth.comFor this Notice, the supervisory authority is the National Information Technology Development Agency (NITDA), and the complaint can be sent via email at dpo@nitda.gov.ng

Terms of Use (Referral)

One Global Medical Technology Ltd (“the Company” or “Helium Health” or “Our”) is a technology company transitioning Africa’s health care to a data-driven system, providing software products and services like credit lending to health care providers and patients.

This Terms & Conditions (also referred to as this “Agreement”) is an Agreement between you and the Company.

The Company and The Referrer are hereinafter each referred to as a “Party” and together the “Parties”.

WHEREAS:

The Company is a technology company transitioning Africa’s health care to a data-driven system, providing software products and services like credit lending to health care providers and patients.

The Referrer is a Healthcare Professional (i.e. a Doctor, Nurse, Pharmacist, Laboratory Scientist, Administrator, Accountant, Manager, Director, etc., excluding previous Helium Health Growth Team members, previous and current members of the Helium Health Agent Network) who possesses the necessary contacts, and strategic relationship required to facilitate and secure for the Company business opportunities and clients (the “Client”), for the purpose of reselling any of the Company’s Solutions (as defined under this Agreement) to the Client.
Based on the above, the Parties are desirous of setting out the terms and conditions of the business development/ reselling opportunity in the manner hereinafter appearing in this Agreement.

NOW IT IS HEREBY AGREED AS FOLLOWS:

1. DEFINITIONS AND INTERPRETATIONS

In this Agreement except where the context otherwise requires, the capitalized terms used in this Agreement shall have the following meanings:

“Business Day” means everyday excluding Saturdays, Sundays and Public Holidays declared by the Federal Government in Nigeria;

“Client” or “Referred Party” means any individual, institution, agency, authority, company or Government body that is exclusively secured by Referrer for the purpose of the Project.

“Client Agreement” means the substantive agreement executed between the Company and any Client for the purpose of the Project after the business opportunity has been secured by Referrer.

“Confidential Information” means any and all confidential, proprietary or sensitive information, whether tangible or intangible, oral or written belonging to either Party. It also includes any information relating to and or including released or unreleased software or hardware products, the marketing or promotion of products, business plans, practices or policies, and information received from either Party, including trade secrets, source codes, object codes, patents, inventions, firmware, designs, formulas, specifications, financial information and projections, numbers, lists of suppliers and potential suppliers, lists of customers and potential customers, equipment lists, employee lists, management methods, know-how, working methods, manufacturing techniques, operating techniques, and all manuals, documents, reports, spreadsheets, files, market information, computer disks and tapes (whether machine or user readable) and other written or electronic information pertaining thereto.
“Days” means every day (including weekends and public holidays declared by the Federal Government in Nigeria) in a calendar month.

“Deployment” means the onboarding and training of users of the Solution.

“Force Majeure” means any event or circumstance beyond the reasonable control of the Parties that is not foreseeable, is unavoidable and its origin is not due to negligence or lack of care on the part of the Parties. Such events include but not limited to acts of God, fire, flood, pandemics and epidemics (as a result of which the Client is unable to carry out its business, or prevented from using the Company’s software or product – as the case may be), invasion, war, revolution, uprising, insurrection, social/public unrest, public disturbance, strike, riots, fire disaster, storm, acts of terrorism and any other circumstance which may hinder or delay the performance of the obligations of the Parties under this Agreement.

“Intellectual Property Rights” means all present and future worldwide patents, trademarks, service marks, trade names, goodwill, registered designs, design rights, database rights, copyrights, inventions, rights in computer software, and other forms of intellectual or industrial property and all registrations, applications, renewals, extensions, combinations, divisions, or reissues of the foregoing.

“Locations” means any of the following countries: Ghana, Nigeria, Namibia, Uganda, Botswana, Malawi, Togo, Cote D’Ivoire, Liberia, Sierra-Leone, Senegal.

“Project” means the collaboration between the Company and the Client for the purpose of deploying the Solution to the Client in any of the Locations.

“Product” or “Solution” means one or more of the following products as indicated in Appendix 1:
1. HeliumOS – Electronic Health Records (EHR)
2. HeliumDoc – Personal Health Records (PHR)
3. HeliumCredit for Hospital Facilities – Credit for Hospital Facilities
4. HeliumWallet – Multichannel Payment Processing
5. TeleClinic – Telemedicine
6. HeliumPay – Multichannel Payment Processing

Unless the context otherwise requires;
1. Any reference to the plural includes the singular and vice versa.
2. Any reference to a person includes natural persons, corporate bodies, partnerships, firms, unincorporated bodies and legal persons.
3. Any reference to any document, including this Agreement, shall include any permitted variation, amendment, supplement, substitution or assignment of such document.
4. The headings in this Agreement are inserted for ease of reference only and shall not affect the construction or interpretation of this Agreement.

2. APPOINTMENT/AUTHORIZATION

The Company hereby appoints Referrer to secure business opportunities (on a non-exclusive basis) with the Client for the purpose of the Project and in accordance with the terms of this Agreement.

The Company hereby authorizes Referrer to perform its obligations as contained in this Agreement.

3. RELATIONSHIP OF THE PARTIES

4. SCOPE OF AGREEMENT

The scope of this Agreement as contemplated by Parties is to set out the framework to govern the relationship of both Parties with respect to:

Referrer securing the business opportunity with the Client for the purpose of the Project; and
Referrer securing and facilitating the execution of the Client Agreement between the Company and the Client for the purpose of the Project within the Term of this Agreement.

5. COMMENCEMENT AND DURATION

This Agreement shall commence on the Effective Date and shall remain in force (“the Term”) unless terminated in accordance with the provisions of this Agreement.

6. OBLIGATIONS OF THE COMPANY

The Company agrees to undertake the following obligations under this Agreement:

provide requisite documentation or information to Referrer as may be reasonably required to enable the Referrer fulfil their obligations under this Agreement.

execute the Project with the Client in accordance with the terms and conditions of the Client Agreement.

compensate Referrer in accordance with the provisions of Clause 8 of this Agreement.

do all such things that are necessary and incidental to the attainment of the Scope of this Agreement.

7. OBLIGATIONS OF THE REFERRER

Referrer agrees to undertake the following obligations under this Agreement:

facilitate the referral arrangement, that is, an introduction between the Company and the Client;

secure the business opportunity for the Project with the Client.

procure the execution of the Client Agreement between the Company and the Client for the purpose of the Project.

provide ongoing expectations and relationship management of key stakeholders of the Client during the Term of this Agreement and the Client Agreement.

use their best endeavours to secure a right for the Company to deduct the Referrer’s fees under the Client Agreement at source.

keep the Company fully informed of the progress of negotiations with the Client and consider the Company’s reasonable suggestions and requirements.

do all such things that are necessary and incidental to the attainment of the scope of this Agreement.

8. FINANCIAL PROVISIONS

Each Party shall bear their respective costs and expenses incurred in the performance of this Agreement, except as otherwise may be agreed-upon by the Parties in writing in advance or as contained in this Agreement.

The Parties agree that as consideration for the performance of the obligations to be performed by the Referrer under this Agreement, the Company shall compensate the Referrer with: i) rewards earned by the Referrer in accordance with the Points Reward System explained in Appendix 2 of this Agreement ii) ten percent (10%) of the accrued gross revenue on the first credit purchase or user license fee earned, by the Company, under each Client Agreement for the first year of such Client Agreement.

Payments made pursuant to Clause 8.2 above shall be paid not later than 30 Days upon i) the Company’s receipt of a communication of interest, from the Referrer, with regards to converting the Referrer’s earned points to selected rewards, ii) the Company’s receipt of payment from the Referred Party.

It is further agreed that any payment due to Referrer shall be payable upon the happening of all the following:
1. Successful facilitation of Projects by Referrer for the Company;
2. Successful engagement of the Company by the Client for the execution of the Project;
3. The continuance of the Client Agreement between Client and the Company; and
4. Actual receipt of cash, payment or revenue by the Company from the Client or the Project.
The Company shall not be liable for any reimbursement or payment other than the payment stated in clause 8.2 above.

9. LIMITATION OF LIABILITY

Subject to Clause 9.2 below, neither Party shall be liable to the other Party in contract, tort, breach of statutory duty, strict liability, or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party whether direct, indirect, consequential, incidental, special, exemplary, or punitive in nature, including without limitation any economic loss or other loss of turnover, profits, revenue, business or goodwill.

The limitations and exclusions of liability in Clause 9.1 above do not apply to (i) damages and costs attributable to a breach of a Party’s confidentiality obligations under Clause 11 (Confidentiality, Nondisclosure & Non-Compete); (ii) the infringement or misappropriation by a Party of the other Party’s Intellectual Property; (iii) damages attributable to a Party’s violation of applicable law; (iv) a Party’s or its representative’s fraud, fraudulent misrepresentation, gross negligence, or wilful misconduct; or (v) to the extent that any applicable law precludes or prohibits any exclusion or limitation of liability.

10. TERMINATION

Either Party may terminate this Agreement by giving the other Party thirty (30) days prior notice in writing of the Party’s intention to terminate this Agreement.

This Agreement shall terminate immediately upon the happening of any of the following events:
1. The termination of the Client Agreement by the Client or the Company;
2. Either Party makes any arrangement with or compounds with its creditors;
3. a receiver, an administrative receiver or similar officer is appointed to take over and/or manage the affairs of either Party;
4. Either Party passes a resolution for, or has a petition presented for, or enters into administration or liquidation; or
5. Either Party ceases carrying on business or becomes insolvent.

Effect of Termination

Upon the date of termination of this Agreement for whatever reason;

all licenses, rights and authorizations granted by the Company to Referrer under this Agreement shall rescind immediately.

Survival – Upon termination of this Agreement, the clauses on Limitation of Liability, Confidentiality, Non-Disclosure & Non-Compete, Intellectual Property Rights, Anti-bribery, Governing Law and Dispute Resolution in this Agreement shall survive such termination.

11. CONFIDENTIALITY, NON-DISCLOSURE & NON-COMPETE

During the Term of this Agreement, the Referrer shall make all reasonable efforts to keep confidential and not disclose or use for the benefit of any third party, the Company’s Confidential Information or any Confidential Information in relation to the Project.

The Referrer shall protect the Confidential Information disclosed by the Company pursuant to the provisions of this Agreement, using the same standard of care that it applies to safeguard its own confidential information and that the Confidential Information provided by the Company shall be stored and handled in such a way as to prevent any unauthorized disclosure thereof.

Referrer shall immediately notify the Company of any actual or suspected loss or unauthorized use, disclosure of or access to the Company’s Confidential Information of which it becomes aware and shall take all steps reasonably requested by the Company to limit, stop or otherwise prevent such loss or unauthorized use, disclosure or access.

Upon the Company’s request, the Referrer shall:
1. Return to the Company all copies, summaries and notes of the contents or parts of the Company’s Confidential Information and any documents or materials compiled as a result of the disclosure of the Company’s Confidential Information to the Referrer without retaining any copies thereof; OR
2. If requested in writing by the Company, destroy all copies of the Company’s Confidential Information in the Referrer’s possession.

This confidentiality obligation shall survive termination or expiration of this Agreement.

During the Term of this Agreement and for a period of twelve (12) months thereafter, Referrer shall not unless with the prior written consent of the Company act as follows:
1. Employ or seek to employ any person who was in the employment of the Company during the Term of this Agreement, or otherwise directly or indirectly induce such person to leave his or her employment or compromise their commitment to the Company.
2. Circumvent the Company directly or indirectly by using the Confidential Information to execute the Project or any similar initiative with the Client or any other third party.

12. FORCE MAJEURE

If the performance of this Agreement or any obligation under it is prevented, restricted or interfered with by reason of a Force Majeure event, the Party so affected shall be excused from performance to the extent of the prevention, restriction or interference. Nevertheless, the Party so affected shall use its best endeavours to avoid or remove the causes of non-performance.

Pursuant to clause 12.1 above, the Party so delayed or prevented by the Force Majeure event shall promptly notify the other Party in writing of the existence of the Force Majeure event, the anticipated length of delay, the cause of the delay and a timetable by which any remedial measures will be implemented. If the Force Majeure event is not remedied within thirty (30) Business Days, either Party may terminate this Agreement, with immediate effect, by providing a written notice thereof to the other Party.

Upon completion of the Force Majeure event, the Party delayed or prevented by the Force Majeure event shall immediately resume the performance of its obligations under this Agreement.

13. INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights existing or belonging to the Company prior to this Agreement or created or acquired by it after the Effective Date and intended to be used for the purpose of the Project shall remain the sole property of the Company, including the Solution.

14. MARKETING PRACTICES

The Referrer shall:

At all times perform their obligations under this Agreement in an ethical and professional manner and in accordance with this Agreement and any guidelines issued by the Company.
Conduct business in a manner that always reflects favourably on the Solutions and the good name, goodwill and reputation of the Company.
Avoid deceptive, misleading or unethical practices that are or might be detrimental to the Company or the Solutions, including but not limited to the disparagement of the Company or the Solutions.
Not make any false or misleading representation with respect to the Company or the Solutions.
Not make any representations to the Clients with respect to the Company or the Solutions that are inconsistent with the Company’s end user license agreement for the Solutions, promotional materials and other literature distributed by the Company, including all liability limitations and disclaimers contained in such materials.

15. PRIVACY PROTECTION/DATA COLLECTION

The Referrer shall at all times during the term of this Agreement maintain appropriate technical measures to protect any Client data which the Referrer collects, accesses or processes in connection with this Agreement against unauthorized or unlawful use, disclosure, processing or alteration. The Referrer shall act only on the Company’s instructions in relation to the collection, use, disclosure and processing of any such Client data, but in all instances in accordance with all applicable laws, rules and regulations including the Nigeria Data Protection Regulation, 2019.

16. ANTI-BRIBERY COMPLIANCE

The Parties agree not to promote or carry out their obligations in violation of any extant anti-corruption Law within the jurisdiction in which they carry on their respective business operations and similar anti-corruption statutes in all jurisdictions.

17. NOTICES

Any notice required to be given hereunder shall be in writing and may be hand delivered, sent by courier service, facsimile or electronic mail addressed to the applicable Party at the following address:
- For The Company
- Address: Plot 1, Block 22, Nathan Terrace, Babatunde Anjous Avenue, Lekki Phase 1, Lagos
- Email: referrals@heliumhealth.com

Any notice given in accordance with this clause shall be deemed to have been duly given upon delivery if hand delivered and duly acknowledged by an officer or employee of the recipient, or if by courier Service upon confirmation of delivery, or upon due confirmation of transmission by the recipient if sent by facsimile or electronic mail.

18. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the Laws of the Federal republic of Nigeria.
If a dispute or difference arises as to the validity, interpretation, effects or rights and obligations of the Parties under this Agreement, the Parties shall use their best endeavour to reach an amicable settlement of dispute.
If any such dispute is not settled between the Parties within fourteen (14) days, the Parties agree to submit such dispute to Mediation at the Lagos State Multi-Door Courthouse (LMDC) for final resolution under the provisions of Lagos State Multi-Door Courthouse (LMDC) Law 2007.
Notwithstanding the provisions above, a Party shall be entitled to seek preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the outcome of the Mediation.

19. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes any previous understanding, representations, or agreements (whether written or oral) between the Parties.

20. ASSIGNMENT

Referrer agrees not to assign this Agreement or any interest herein, either in whole or in part, without the prior written consent of the Company. Any purported assignment made in violation of this clause shall be void.

21. SEVERABILITY

It is agreed and understood that if any provision of this Agreement becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the other provisions of this Agreement shall not in any way be affected or impaired, and this Agreement shall be construed as if such illegal, invalid or unenforceable provision were not contained herein and in such event, the Parties shall endeavour to carry out the terms of this Agreement as nearly as possible in accordance with its original terms and intent.

22. AMENDMENT

This Agreement may only be amended in writing and signed by the Parties or their duly authorized representatives.

23. AMBIGUITIES

Each party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

24. WAIVER

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy, whether or not similar, shall constitute a continuing waiver unless expressly stated in writing by the party waiving the breach, failure, right, or remedy.

Last updated: Aug 29, 2022

Appendix 1

PRODUCT(S)

HeliumOS – Electronic Health Records (EHR)

Appendix 2

REWARD SYSTEM

Accepted Referral = 1 Point

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Privacy Notice

Introduction

One Global Medical Technology Ltd (“Helium Health”, “We”, “Us”, or “Our”) is a Medtech company established to transform Africa’s healthcare sector by providing cutting-edge technology solutions for all healthcare stakeholders in emerging markets. Various services are provided by our team to healthcare specialists and patients.

This Privacy Notice (“Notice”) governs your use of our website https://www.heliumhealth.com/ (‘the Website”), and any other software, online platform, website, mobile or tablet application or domains used to provide our services, including but not limited to Helium EMR, HeliumPay, HeliumCredit, Helium Cover, Helium Care Provision, and MyHelium (referred to as the “Services”). We provide this Notice because you have a right to know what information we collect, why we collect it, how it is protected and used, and the circumstances under which it may be disclosed.

Terms of Use

You are required to comply with the provisions of our Terms of Use in relation to the information provided.

Your data that we process

Personal data is any information about an individual that can be used to identify that person directly or indirectly. For example, while using the website, we may request personal information from you in order to contact or identify you, and some information may be collected automatically in order for our website to function properly. We also collect personal data from third-party sources or through your use of our services. We obtain the following information:

Health Care Providers/Specialists	Patients	All visitors
Full name of the person registering Name of the health care facility Country of Residence Email address Phone number Full name of medical professionals Medical qualification Type of facility Location Financial details	Full name of the patient Sex Email address of the patient Phone number Age Medical record/status Home address Country Gender Language Financial details	Search queries; The IP address used to connect your device to the internet for identification purposes; Login email address and password; Name of the internet service provider (ISP); Date and time of visit; Web pages visited, duration, and frequency of visits Browsing Behaviour Device ID

Sensitive Personal Data

Sensitive personal data includes data pertaining to religious or other beliefs, sexual orientation, health, race, ethnicity, political views, trade union membership, criminal records, and any other sensitive personal information. We will only process sensitive personal data (health data) of patients on behalf of health care providers with the patients’ express consent or in order to fulfil the healthcare facility’s and care provider’s obligation to provide care service.

Cookies

Cookies are tools used to automatically collect information from you when you visit our website. We use cookies, and information about their usage is specified in our Cookie Notice.

Lawful Bases for processing data

We are required to process your data under at least one of these lawful bases:

Legitimate interest: Processing your data is necessary for our legitimate interests or the legitimate interests of a third party, provided your rights and interests do not outweigh those interests.
Consent: You have given explicit consent for us to process your data for a specific purpose.
Contract: If the data processing is necessary for a contract with us or because we have asked you to take specific steps before entering that contract.
Legal obligation: If the processing of your data is necessary where there is a statutory obligation on us.

Purpose of Processing Your Data and the Lawful Bases

We collect your data:

Purpose of Processing	Lawful Bases
To administer our businessTo help us to develop, improve, customise or restructure our servicesTo enforce our terms of service and any terms and conditions of any other agreements for our services.	Legitimate interest, contract
To send marketing or promotional messages to youTo install non-strictly necessary cookies on your deviceTo manage personal/sensitive data of patients.	Consent
To take statistical data and analytics for our use internally To send you service-related messagesTo analyse Site usage and provide, maintain and improve the content and functionality of the Site	Legitimate interest
To secure your data and prevent fraud	Legitimate interest, legal obligation
To manage your account.To communicate with you and for patient support.To recommend and match you with a patient.To recommend your expert services to potential clients/patients.To address your inquiries, process your registration, and complete your transactions.To enable an easy and effective payment system.	Contract
To inform you whenever there are changes to our terms of business or services	Legal obligation, contract
To fulfil our Know Your Customer (KYC) obligation.To interact with regulatory authorities or other public authorities concerning you	Legal obligation

Your Rights as a Data Subject

The law vests you with certain rights as a data subject. They include the right to:

access personal data we hold about you by requesting a copy of the personal data we hold about you;
rectify such information where you believe it to be inaccurate;
restrict the processing of your data in certain circumstances;
object to the processing of your data where we intend to process such data for marketing purposes;
where feasible, receive all personal data you have provided to us—in a structured, commonly used, and machine-readable format—and transmit the information to another data controller;
request the erasure of your data (also known as the right to be forgotten);
withdraw your consent to the processing of your data; and
lodge a complaint with a relevant authority where you have reason to believe that we have violated the term(s) of this Privacy Notice. (You may complain or seek redress from us within 30 days from when you first detected the alleged violation).

You may seek to exercise any of the above rights at any time by sending us an email at dataprivacy@heliumhealth.com.

In the event of a complaint, users may direct such a complaint to the appropriate supervisory authority in their respective country.

Who we share your data with

The following third party is the entity we share .your data with:

Third Parties	Purpose of data sharing
Google Analytics	We use various Google APIs and services for our Website’s operation. Read Google’s Privacy Notice here.
Hotjar	We use it to analyse how users interact with our website. Read Hotjar’s Privacy Notice here.
Intercom	We use their service to communicate with users and provide conversational support. Read Intercom’s Privacy Notice here.
Meta (Facebook)	We use their service to measure ad impressions and to provide advertising and site analytics services. Read Meta’s Privacy Notice here.
Financial Institution(s)	We collaborate with various financial institutions to develop and market our product, and we may only use this information to market-related products unless the customer has given consent for other uses.
Legal and Regulatory Authority	We may disclose your personal information if we believe it is reasonably necessary to comply with a law, regulation, order, subpoena, audit, or to protect any person’s safety, or to address fraud, security, or technical issues.
Service Providers	We will share your personal data with service providers in order for them to provide services to us, such as payment processing service providers, or to conduct data processing on our behalf, or for data verification, centralisation, or logistics purposes.

Note that if you wish to prevent your device’s operating system from sharing your personal data with Helium Health or with the third parties mentioned for profiling purposes, you can do so by setting up your device appropriately – namely, by changing the privacy settings on your device to disable/restrict any advertising tracking features. For more information on this, please see the following links:

iOS Devices: https://support.apple.com/en-us/HT202074;
Android Devices: https://support.google.com/ads/answer/2662922?hl=en

Retention of your data

The data and any other information we collect from you will be stored for as long as necessary to fulfil the purposes described in this Notice.

However, we will also retain data subject to relevant provisions of applicable laws, resolve disputes, prevent fraud and abuse, and enforce our legal agreements and policies. In addition, we delete your data for targeted marketing purposes once you unsubscribe from our marketing communications.

Please note that your data may be retained for a more extended period, notwithstanding your request to remove your data, where there is a legal requirement to do so.

How your data is stored and secured

We are very particular about preserving your privacy and protecting your data. We deploy reasonable and appropriate technical and organisational measures to keep your data safe. However, we cannot completely guarantee the security of any information you transmit via our website, as the internet is not an entirely secure place. Nevertheless, we are committed to doing our best to protect you.

We protect your data using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration.

Where there is an actual or suspected data breach capable of causing harm to your rights and freedoms, we will notify you without undue delay and use our best effort to remedy the breach promptly.

International transfer of data

We transfer your personal information to foreign countries because we are a multinational corporation with subsidiaries in different countries. When transferring personal information to a country other than where we operate, we will take additional precautions to ensure its adequate protection.

To conduct international data transfers, we comply with applicable local laws and regulations in the countries we operate. This includes transferring data to countries deemed adequate under applicable laws, obtaining licences or approvals from the relevant authority, maintaining appropriate documentation, obtaining explicit consent, and performing contractual obligations. Furthermore, we can transfer when we have a legal obligation, need to establish or defend a legal claim, or there is a public interest obligation.

In addition, we take additional precautions for the onward transfer of data and the selection of trustworthy third parties and service providers in third countries.

Please contact us to obtain relevant information regarding your data transfers to third countries (including the appropriate transfer mechanisms).

Marketing and communications

We only send marketing communications to you with your consent. You may opt-out of our marketing or object to further processing by clicking on the ‘unsubscribe’ button at the bottom of the page.

Complaints

If you are concerned about an alleged breach of data protection law or any other regulation by us, you can contact the Data Protection Officer (DPO) at dataprivacy@heliumhealth.com. The DPO will investigate your complaint and provide information about how your complaint is handled.

Please be informed that you may complain to the relevant data protection authority if your complaints are not satisfactorily addressed.

Changes to this Notice

We update our privacy notice from time to time. We will notify our users when we make a change, and visitors will know this by checking the last date of update on this page whenever they visit.

Contact Us

If you have any questions relating to this Notice, your rights under this Notice, or are not satisfied with how we manage your personal data, kindly reach out to our Data Protection Officer at dataprivacy@heliumhealth.com or email us at support@heliumhealth.com.

Cookie Notice

Introduction

This Cookie Notice explains what Cookies are and how We use them. You should read this Notice to understand the type of cookies We use or the information We collect using cookies and how it is used. Cookies do not typically contain any information that personally identifies a user. However, the personal information we store about You may be linked to the information stored in and obtained from Cookies.

For more details on how We use, store and keep your data secure, see our Privacy Notice.

We do not store sensitive personal information in the Cookies We use.

Interpretation and Definitions

The words in which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

For this Cookie Notice:

“Company” (referred to as either “Helium Health”, “We”, “Us”, or “Our” in this Cookie Notice) refers to One Global Medical Technology Ltd [Block 22, Babatunde Anjous Avenue, Lekki Phase 1, Lagos, Nigeria].

“Cookies” means small files that are placed on Your computer, mobile device or any other device by a website, containing details of your browsing history on that Website among its many uses.

“Website” refers to Helium Health’s Website, accessible from https://www.heliumhealth.com/

“You” means the individual accessing or using the Website.

We use the following cookies on our Website:

Strictly Necessary Cookies: These cookies are required for our website to work properly in your browser.
Targeting Cookies: They are inserted for statistical and targeting purposes. These cookies can also be used to identify the users.
Performance Cookies: These cookies enable us to collect data in google analytics about how people use our website. This data helps us to improve our website for users.
Unclassified Cookies: these are Cookies that have not been classified under any of the above categories

We use thirteen (13) cookies on our Website as described below:

Name	Provider	Purpose	Expiration	Type
_hjAbsoluteSessionInProgress	Hotjar	to count how many times different users visit the site. It measures user interactions on websites and assigns the users an ID, so they do not get registered twice.	30 minutes	First- Party/Strictly Necessary
Intercom-session-nku0d96j	Intercom Messenger	it identifies each unique browsing session and keeps track of sessions.	7 days	First– Party/Unclassified
intercom-id-nku0d96j	Intercom Message	it identifies anonymous visitors.	9 months	First- Party/Unclassified
_gid	Google Analytics	it registers unique IDs that are used to generate statistical data on how the visitor uses the website. It is also used to count and track page views.	1 day	First- Party/Performance
_gat_gtag_UA_91319430_2	Google Analytics	It measures user-interactions on websites.	1 minute	First-Party/Targeting
_ga	Google Universal Analytics	it is used to recognize your unique combination of browser and device.	2 years	First- Party/Performance
_hjIncludedInSessionSample	Hotjar	It is used to store information on how visitors use a website and helps in creating analytics.	2 minutes	First- Party/Strictly Necessary
_fbp	Facebook	It is used by Meta to deliver a series of advertisement products such as real time bidding from third party advertisers.	3 months	First Party/Targeting
_ga_WB2DX4QTVG	Google Analytics	know if you’re part of a group of users we’re sampling for information about how the site is being used.	2 years	First-Party/Performance
_hjFirstSeen	Hotjar	It is used to track the beginning of a user’s journey for a trial session count. It does not contain any identifiable information.	30 minutes	First-Party/Strictly Necessary
_hjSession_1798902	Hotjar	It provides different functions across pages.	30 minutes	First-Party/Unclassified
_hjIncludedInPageviewSample	Hotjar	It is used to allow hotjar to know whether a visitor is included in that data sampling defined by your site’s page view limit.	2 minutes	First-Party/Strictly Necessary
_hjSessionUser_1798902	Hotjar	It is used to store a unique user ID.	1 year	First-Party/Unclassified

How to Manage and Delete Your Cookie

Most internet browsers are initially set up to accept cookies automatically. Unless you have adjusted your browser settings to refuse cookies, our system will issue cookies when you direct your browser to our Website. You can refuse to accept cookies by activating the appropriate setting on your browser. Depending on your browser, further information may be obtained via the following links:

Withdraw Your Cookie Consent at Any Time

If you do not wish to accept cookies connected with your use of our Website, you may delete and block or disable cookies via your browser settings; see above for more information on how to do this. However, please note that disabling necessary cookies will likely affect our Website’s functionality.

If you have any questions or complaints about this Cookie Notice, You can contact our Data Protection Officer at dataprivacy@heliumhealth.com, or send an email to support@heliumhealth.com.

In the event of a complaint, users may direct such a complaint to the appropriate supervisory authority in their respective country.

Last updated: November 2022

Direct Marketing

Consent for direct marketing for non-clinical context

We will send marketing communications your way to provide you with information about our new products, services, and other offerings.

[ ] I consent to receive direct marketing communications from Helium Health

I understand that by providing my healthcare provider with the one-time password (OTP) sent to my device during enrolment, it represents my signature and my consent to be contacted.

You have the right to withdraw your consent by contacting us at dpco@heliumhealth.com.

Data Consent for Children (to be signed by the parent or guardian)

I understand that to provide healthcare services to my child and improve the quality of service, my child’s health data will be shared with healthcare professionals and service providers to support their care. I understand that to deliver healthcare service, and their personal information will be disclosed to:

data processors that the healthcare provider uses to provide and improve healthcare experience as listed in its Privacy Notice;
government and other regulatory authorities, for those situations where the healthcare provider receive a lawful order to do so; and
any other entity, which I instruct my child/ward’s healthcare provider to disclose or share my child/ward’s

personal data.

[ ] I agree to be contacted for opportunities like research, clinical trials and offers by Helium Health (electronic medical record provider) used by my child’s healthcare provider.

I understand that providing my child’s healthcare provider with the one-time password (OTP) sent to my device during enrollment represents my signature and my consent to be contacted.

You have the right to withdraw your consent by contacting us at dpco@heliumhealth.com.

Data Consent for Adults

CONSENT INFORMATION NOTICE

I understand that to provide healthcare services to me and improve the quality of service, my health data could be shared with healthcare professionals and service providers to support my care. I understand that to deliver healthcare service, my personal information will be disclosed to:

data processors that the healthcare provider uses to deliver and improve healthcare experience as listed in its Privacy Notice;
government and other regulatory authorities, for those situations where the healthcare provider receive a lawful order to do so; and
any other entity, which I instruct my healthcare provider to disclose or share my personal data.

[ ] I agree to be contacted for opportunities like research, clinical trials and offers by Helium Health (electronic medical record provider) used by my healthcare provider.

I understand that by providing my healthcare provider with the one-time password (OTP) sent to my device during enrolment, it represents my signature and my consent to be contacted.

You have the right to withdraw your consent by contacting us dpco@heliumhealth.com.