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.
- Nature and Applicability of Terms
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.
- 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
- 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 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.
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.
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 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 email@example.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
- 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.
- 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.
- 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 firstname.lastname@example.org. 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.
- 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
- 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.
- Data Retention and Access to Personal Data
- 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.
- Upon receipt of a written request from You, for access to Your patients’ personal data (referred to in this clause 15(b) as the “Personal Data”), where such written request is sent within three (3) months of the termination of any agreement you have executed with us, Helium Health shall make the Personal Data available to you at no cost to You. Thereafter, Helium Health may charge a fee as a precondition for providing you with access to the Personal Data, upon your written request for a copy of the Personal Data.
- 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
- 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.
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
- “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.
- 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.
- 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.
- You are solely responsible for your User Content, including, without limitation, comments and feedback.
- 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.
- 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.
- 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.
- 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.
- Disclaimers; No Warranties
- 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.
- 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
- 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.
- 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.
- THE EXCLUSIONS AND LIMITATIONS OF THIS SECTION 24 SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
26. Applicable Law and Dispute Settlement
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.
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.
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
- Contact Information
Last updated: October 2023