Terms and conditions of use

2.1By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations.

2.2You agree that the information you provide is accurate and that you will keep it accurate and up to date at all times. You may also be required to provide passwords, and, in this regard, you understand and acknowledge that:

2.3You may use the Service on your own behalf and on behalf of another person or entity where you are duly authorized to do so. You represent and warrant that you have the authority to act on behalf of such person or entity and to provide any information submitted through the Services. By using the Platform or App on your own behalf and on behalf of another person, you agree not to:

2.4If you violate any of the rules contained herein, Gileam may immediately suspend or terminate your account (and any related accounts). Gileam shall notify you of the suspension, or termination of your account and the details of your violation. Gileam may reactivate your account (subject to any applicable costs) when you rectify the violation to its satisfaction.

2.5You shall be solely responsible for indemnifying, defending, and holding harmless Gileam, and all of its owners and officers, for any claims, causes of action, or liability arising from any misrepresentations uploaded or posted by you on your Account. Gileam hereby disclaims all warranties, whether express or implied, including the implied warranties or conditions of merchantability and fitness for a particular purpose.

3.1Gileam provides technology, referral, coordination, content, communications, and administrative tools used to facilitate access to services offered by independent Healthcare Providers. Gileam does not practise medicine and does not directly provide medical advice, diagnosis, treatment, prescriptions, clinical recommendations, emergency care, or clinical supervision through the App or Platform.

The Platform is not intended for medical emergencies or urgent medical conditions. If you believe that you or any beneficiary is experiencing a medical emergency, you should immediately contact the applicable emergency services number or attend the nearest appropriate hospital, clinic, emergency department, or healthcare facility.

3.2Gileam provides the following services to Users: search for or access healthcare-related services; book appointments with Healthcare Providers; request home-based or virtual healthcare-related services; purchase health packages, plans, or subscriptions; make or manage payments; receive appointment reminders or service notifications; communicate with support representatives; upload or manage health-related information; and access other features made available from time to time.

3.3The availability of any service may depend on the applicable plan, location, the availability of Healthcare Providers, payment status, eligibility requirements, or other operational factors.

3.4You can request or book appointments with the Healthcare Providers, and booking is not confirmed until you receive confirmation through the Platform or other means such as SMS, WhatsApp, email or another approved communication channel.

3.5Upon booking, appointment availability is not guaranteed and may be subject to change due to Healthcare Provider availability, operational limitations, payment status, location or other circumstances.

3.6We may cancel, reschedule, or decline bookings where necessary and will provide you with reasonable explanation, which may be for reasons of suspected fraud, inaccurate information, non-payment, Healthcare Provider unavailability, or misuse of the Platform.

3.7For these Terms: (a) “cancellation” means ending a booked appointment or service before it takes place; (b) “late cancellation” means a cancellation made after the cancellation deadline displayed at booking or stated in the applicable Provider policy; (c) “rescheduling” means changing the date, time, location, mode, or Provider for a booked appointment or service; and (d) “no-show” or “missed appointment” means failing to attend, connect to, or otherwise be available for a booked appointment or service at the scheduled time. Cancellation fees, rescheduling fees, refund eligibility, payment forfeiture, and other consequences will depend on the rules displayed at booking, the applicable Healthcare Provider policies, the timing of the cancellation or rescheduling request, the type of service, and applicable law.

3.8Where a Healthcare Provider cancels or reschedules an appointment, we will use reasonable efforts to notify you and, where available, assist with rescheduling or arranging an alternative option.

4.1By using the Platform, certain services may require direct payment or payment through escrow, payment-holding, or similar arrangements made available on or through the Platform by Gileam or its Payment Partners.

4.2You agree to pay all fees, charges, taxes, subscription amounts, service fees, processing fees, or other amounts applicable to your use of the Platform or services requested through it.

4.3Payments may be processed through third-party payment processor, escrow providers, banks, wallet providers, or other payment partners (“Payment Partners”). By submitting payment information, you authorize us and/or our Payment Partners to charge the applicable amount using your selected payment method and to process, hold, release, refund, reverse, or otherwise administer payments in accordance with these Terms, the terms displayed at booking, applicable Payment Partner terms, and applicable law.

4.4We are not responsible for delays, errors, declined payments, unauthorized charges, or failures caused by banks, card issuers, payment processors, telecommunications providers, or other third parties.

4.5Prices, fees, subscription amounts, packages, and service charges may be displayed on the Platform or communicated to you before purchase or booking.

4.6We may update prices or fees from time to time. Unless otherwise stated, price changes will apply to future bookings, purchases, renewals, or services and will not affect already confirmed transactions. For recurring subscriptions, we will notify you of material price changes in accordance with applicable law or the terms presented at the time of subscription.

4.7Where you purchase a subscription, membership, health plan, or recurring service, you authorize Gileam or its payment processor to charge your selected payment method on a recurring basis until the subscription is cancelled or expires.

4.8You are responsible for ensuring that your payment method remains valid and has sufficient funds. If payment fails, we may suspend or restrict access to the relevant subscription or services until payment is completed.

4.9You may cancel your subscription in accordance with the cancellation process stated on the Platform or in the applicable subscription terms.

4.10Refund eligibility will depend on the type of service purchased, timing of cancellation, rescheduling request or no-show, Provider policies approved or displayed through the Platform, applicable laws, payment partner rules, and any refund terms displayed at the time of purchase. Unless otherwise required by law or expressly stated by us, refunds may not be available for: (a) completed services; (b) missed appointments or no-shows; (c) late cancellations; (d) partially used subscriptions; (e) administrative, payment-processing or transaction fees; (f) services affected by inaccurate information provided by you; or (g) services cancelled due to your breach of these Terms.

4.11Approved refunds may be processed to the original payment method or another method determined by us or our Payment Partners. Refund processing times may vary depending on banks, Payment Partners, card schemes, mobile money providers, and other third parties.

4.12Where a payment is subject to escrow, payment holding, delayed capture, reserve, settlement review, fraud screening, chargeback, reversal, dispute, regulatory hold, or similar process, the relevant amount may be held, delayed, released, reversed, or refunded by the applicable Payment Partner or by Gileam acting through that Payment Partner. Gileam does not guarantee that a payment, refund, chargeback, or release of funds will be completed within any particular timeframe where delay is caused by a Payment Partner, bank, card issuer, mobile money provider, regulator, Healthcare Provider, or other third party.

4.13You must not make a chargeback, payment reversal, or payment dispute in bad faith. If you believe a charge is incorrect, you should first contact Gileam through the support channels made available on the Platform so that we can review the issue, coordinate with the relevant Healthcare Provider or Payment Partner where appropriate, and attempt to resolve it. We may suspend or restrict access to services while a payment dispute, chargeback, failed payment, suspected fraud, or payment hold is pending.

5.1Healthcare Providers accessible through the Platform are independent professionals or entities and are not employees, agents, partners, or representatives of Gileam, unless expressly stated otherwise. Gileam may verify or onboard Healthcare Providers before making them accessible through the Platform, including by reviewing information that may relate to identity, licensing, registration, facility status, or other onboarding requirements determined by Gileam from time to time.

5.2Any healthcare service, medical advice, diagnosis, treatment, prescription, consultation, procedure, or professional judgment is solely the responsibility of the relevant Healthcare Provider. Verification or onboarding by Gileam does not guarantee any Healthcare Provider’s professional competence, regulatory compliance, quality of care, fitness for your needs, or any clinical outcome.

5.3Gileam is not responsible for the acts, omissions, professional judgment, clinical decisions, quality of care, malpractice, negligence, regulatory compliance, or conduct of any Healthcare Provider, except to the extent liability cannot be excluded under applicable law. Your use of the Platform does not create a doctor-patient, clinician-patient, provider-patient, fiduciary, or other clinical relationship between Gileam and you or any beneficiary. Any such relationship is solely between you or the beneficiary and the relevant Healthcare Provider.

5.4The relevant Healthcare Provider is responsible for obtaining any required clinical consents, assessing medical suitability, providing clinical advice and services, creating and maintaining patient or clinical records, issuing prescriptions or reports, and complying with professional, facility, recordkeeping, licensing, and healthcare regulatory obligations that apply to that Provider. Gileam may store or transmit information you upload or that a Healthcare Provider shares through the Platform, but Gileam is not the custodian of Healthcare Provider clinical records unless expressly stated otherwise in writing.

6.1The Platform may contain links to, integrate with, or rely on websites, applications, services, systems, content, and tools provided by third parties (each, a “Third-Party Provider”). These Third-Party Providers are not controlled by Gileam.

6.2Third-Party Providers are responsible for their own websites, services, products, content, systems, availability, security, and practices. Links or integrations are provided for convenience and do not mean that Gileam controls, endorses, guarantees, or is responsible for any Third-Party Provider. Your use of any third-party website, service, product, payment tool, communication channel, identity verification or security tool, analytics or hosting service, or Healthcare Provider site may be subject to separate terms, privacy notices, professional policies, or other agreements issued by that Third-Party Provider.

6.3When you choose to use a feature provided by a Third-Party Provider, or where a third-party tool is necessary to provide the Platform, Gileam may share information with that Third-Party Provider as described in our Privacy Notice and as reasonably necessary to enable, secure, support, or process the relevant feature or service. Third-Party Providers may process information under their own terms and privacy policies where applicable.

6.4Where a Third-Party Provider processes personal data on Gileam’s behalf, we require that provider to respect the security of personal data and process it only for specified purposes and in accordance with our instructions, applicable laws, and our Privacy Notice. Where a Third-Party Provider acts independently, its own privacy notice and practices may apply.

6.5To the maximum extent permitted by law, Gileam is not responsible for losses, damages, delays, errors, service failures, charges, data practices, clinical services, or other costs arising from your dealings with Third-Party Providers or from third-party websites, services, products, systems, or materials.

6.6Third-Party Providers may include, without limitation, the following categories:

7.1You must not use the Services to facilitate, promote, conceal, or attempt any fraudulent activity, scam, impersonation, unlawful solicitation, money laundering, terrorism financing, or any other illegal or abusive conduct (together, “Prohibited Conduct”);

We may (but are not obliged to) implement automated and manual controls intended to detect Prohibited Conduct, including monitoring for suspicious patterns (such as fake requests or claims, unusual transaction behavior, abnormal funding volume/frequency, repeated failed verification attempts, and account/device anomalies). We may investigate suspected Prohibited Conduct, preserve relevant records, and share information with our banking partners, payment processors, relevant service providers, and competent authorities where we consider it necessary or appropriate (including to comply with law, respond to lawful requests, or protect users and the Platform). If you suspect Prohibited Conduct, you must report it to us via the reporting channels we make available on the Platform.

7.2Where we reasonably suspect Prohibited Conduct or breach of these Terms, we may, without prior notice and in our sole discretion: (a) refuse, delay, block, reverse, or suspend any transaction; (b) restrict access to features; (c) suspend or terminate your account; and/or (d) take any other action we consider necessary to protect the Services, users, and third parties.

The Services may enable you to make payments, including deposits into escrow or payment-holding arrangements pending the completion of a consultation or care service, and to access or use third-party wallet, banking, and/or payment processing functionality provided by regulated financial institutions, payment processors, escrow providers, or other payment partners (“Payment Partners”). Funds deposited into escrow or held pending completion, settlement, refund, chargeback, or dispute resolution are held or controlled by the relevant Payment Partner, and not directly by Gileam, save to the extent expressly stated otherwise in a separate written agreement with you. We do not operate the payment rails, hold customer funds as a bank, or provide regulated payment services unless expressly stated otherwise in a separate written agreement with you.

7.3To the maximum extent permitted by law, Payment Partners are responsible for the provision, operation, and regulatory compliance of their payment services (including applicable AML/CFT, sanctions screening, KYC/identity verification, transaction monitoring, reporting, and related controls) within their technical and operational control, and your use of such services remains subject to the applicable Payment Partner terms and policies. Notwithstanding the foregoing, we may support Payment Partners’ compliance processes by providing information, implementing platform-level controls, and taking restriction/suspension actions under these Terms.

8.1The Intellectual Property Rights in the Platform are owned by Gileam. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Platform (“Gileam Materials”) are protected by intellectual property and other applicable laws and are the property of Gileam or Gileam’s third-party licensors. Except as expressly allowed by these Terms, you may not make use of the Gileam Materials, and Gileam reserves all rights to the Gileam Materials and Platform that are not granted expressly in these Terms and in accordance with applicable intellectual property laws and regulations.

8.2You retain ownership of any health information, documents, images, records, messages, content, or other materials that you upload, submit, transmit, or otherwise make available through the Platform (“User Content”), subject to any rights held by third parties and applicable law. You grant Gileam a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit, display, and otherwise use User Content only as reasonably necessary to operate, provide, secure, support, improve, and administer the Platform and related Services, to facilitate your requested bookings or services, to comply with law, and as described in our Privacy Notice. You represent that you have the rights and authority necessary to provide User Content and that your User Content will not be unlawful, misleading, infringing, harmful, or otherwise in breach of these Terms. Gileam may remove, restrict, or refuse to process User Content where we reasonably believe it breaches these Terms, creates risk, or is required by law.

9.1You agree to indemnify, defend, and hold harmless Gileam from any and all claims and demands made by any third party due to or arising out of:

10.1Gileam provides the Platform or App "as is", "with all faults" and "as available", and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, Gileam and its suppliers make no representations, warranties, or conditions, express or implied. Gileam and its suppliers expressly disclaim any and all warranties or conditions, express, statutory, and implied, including without limitation:

10.2Gileam shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure results from:

11.1In no event will Gileam or any of its affiliates be liable for any indirect, consequential, special, incidental, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of, based on, or resulting from these Terms or your use of, access to, or inability to use or access, the Platform or any materials on the Platform, whether based on (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, even if Gileam has been advised of the possibility of such damages, except to the extent such liability cannot be excluded under applicable law.

11.2To the maximum extent permitted by applicable law, Gileam assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of materials; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Platform; (c) any interruption or cessation of transmission to or from the Platform; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform or App by any third party; (e) any errors or omissions in any materials or for any loss or damage incurred as a result of the use of any materials posted, emailed, transmitted, or otherwise made available through the Platform or App; and/or (f) Unauthorized User Material.

11.3Subject to any liability that cannot be excluded or limited under applicable law, the aggregate liability of Gileam and any of its affiliates to you for all claims arising out of or relating to the use of or inability to use any portion of the Platform or otherwise under these Terms, whether in contract, tort or otherwise, is limited to the sum earned by Gileam in respect of the relevant transaction, events or circumstances giving rise to the claims.

14.1You agree not to export from anywhere any part of the Platform provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules, and regulations.

14.2If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will continue in effect.

14.3The section titles in these Terms are solely used for convenience and have no legal or contractual significance.

14.4Gileam may assign its rights and responsibilities under these Terms, in whole or in part, at any time upon giving general prior notice.

14.5Gileam’s failure to act with respect to a breach by you or other Users does not waive Gileam’s right to act with respect to subsequent or similar breaches.

15.1By using the Platform, you consent to receive certain electronic communications from Gileam as further described in the Privacy Notice. Please read the Privacy Notice to learn more. You agree that any notices, agreements, disclosures, or other communications that Gileam sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

15.2Communication by you to Gileam shall be in writing, and shall be delivered personally, via email, or sent by courier as follows:

16.1Before commencing arbitration, you must first contact Gileam through the complaint, support, or escalation channel made available on the Platform and provide reasonable details of the dispute, difference, question, or conflict. Any dispute, difference, question, or conflict arising out of or in connection with the Platform or these Terms, including questions as to the validity or enforceability of these Terms, shall be escalated in good faith and amicably resolved between the parties within a period of fifteen (15) Business Days after Gileam receives sufficient details of the complaint or dispute.

16.2Where a dispute is not resolved in accordance with the preceding clause, it shall be referred to arbitration by a single arbitrator appointed by consensus of the parties or, failing such consensus within fourteen (14) days of a request by a party for consensus, by the Chairman for the time being of the Chartered Institute of Arbitration (UK) Nigeria Branch. The arbitral proceedings shall be conducted in Lagos and in accordance with the Arbitration and Mediation Act 2023. The existence of arbitration proceedings shall not suspend your obligations under these Terms. It is mutually agreed that the contents of the arbitral proceedings shall be kept strictly confidential. The decision of the arbitrator and award granted shall be final. The right to arbitrate disputes or claims under these Terms shall survive their termination.