1. INTRODUCTION TO GOMED DIGITAL MARKET PLATFORM
Finnblue Technologies Nigeria Limited, (subsequently referred to as “the Company”) is the intellectual property owner and operator of a website (gomed.ng) and an internet-based mobile application known as ‘GoMed’. Both the website and the mobile application are subsequently referred to as “GoMed platforms”. References to GoMed platforms in all of the Company’s policies, terms and conditions may be interpreted to be singularly, pluralistic, alternately or conjunctively as the context might admit. GoMed is an integrated digital marketplace which is supported by payment solutions and logistics solutions.
GoMed platforms provide licensed vendors, patients and end-users registered on the platforms an avenue to sell or purchase a broad range of pharmaceutical and associated products. Guest users who do not wish to create an account may also enjoy the services on GoMed platforms subject to our policies, terms and conditions.
Ancillary services such as diagnostics and prescriptive services may also be accessed through licensed and accredited vendors and consultants registered on the platform. All transactions consummated on the Platform shall be subject to Nigerian law and the Terms and Conditions articulated herein.
By choosing to browse or consummate transactions on the platform, you agree to be bound by all our Policies, Terms and Conditions and proceeding to use our platforms, you admit that you have read, understood and agreed to be bound by GoMed’s Policies and the Terms and Conditions governing use of GoMed platforms.
Please note that the Company may revise, amend, alter, or improve any of its policies, terms and conditions without giving you any prior notice. However, all alterations shall be hosted on GoMed platforms and shall not have any retrospective effect on you. Hence, your use of our platform shall always be subject to the most recently updated version of the Terms and Conditions available at every point and time of use.
2. REGISTRATION AND ACCOUNTS
All users who intend to consummate transactions on our Platform must be registered by completing and submitting a registration form. By registering on our Platform, you undertake that you are an adult and/or that you have the capacity to enter into binding contractual relationships in Nigeria. Guest users may use GoMed platforms, provided that such Guest users shall at every visitation provide required information which could only be obviated through a registered account.
You represent and warrant that all information provided in the registration form or while shopping as a guest is complete and accurate.
Upon applying to register for an account on our Platform, you will be required to create user ID and a unique password, while providing your name; email address; physical address; gender; age; phone number; valid finance account information; and such other details that may be required to create an account, including but not limited to proof of your identity through a facebook account, gmail account, yahoo account or any other valid email ID.
Please note that the unique password created by you is known only to you, we cannot have access to your account without your password is not known to us, and we may be able to provide you with a password reset option whenever you forget your password, suspect a breach or simply wish to substitute it.
As a User of the platform, you agree:
a. To keep your password confidential,
b. To immediately use the password reset option anytime you discover or suspect that your account may have been compromised.
c. To maintain the confidentiality of your Account Information.
d. To bear fully responsible for all activities that occurs under your Account
e. That delivery of products to you shall be subject to the Policies, Terms and Conditions of use of GoMed platforms.
We shall not be liable for any loss or damage arising from your failure to comply with our account security protocols. You may also be liable to indemnify us or any other User of the Platform due to losses / injury arising from authorized or unauthorized use of your Account as a result of failure to keep your Account Information secure and confidential or otherwise.
The Platform uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by the Company for the technical administration of GOMed, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, the Company may allow authorized third parties to place or recognize a unique cookie on Your browser. The Company does not store personally identifiable information in the cookies.
3. PRODUCTS AND SERVICES
The Platform merely provides an intermediary service by facilitating a connection between patients or end-users and vendors (who are registered on GoMed platform), for the purpose of purchase of medicines, wellness/health related products and services offered, through the use of technology.
You understand and agree that GoMed is not a party to the transaction between you and registered vendors or service providers on the GoMed platform. Although, on behalf of vendors, we confirm orders successfully placed by you, the Company is not a contracting party to the transaction and shall bears no liability whatsoever, save as is expressly provided in GoMedPolicies, Terms and Conditions.
A contract for the purchase of product(s) or provision of services will come into force between you and the licensed vendor(s) or accredited consultants duly registered on GoMed platforms, and accordingly you agree that you only acquire the product(s) or services of such vendors and consultants upon your confirmation of your orders on GoMed platforms, subject to the provisions of our policies and the terms and conditions herein contained.
Notwithstanding the right of our registered vendors and consultants to introduce other terms of business which shall govern the transactions between you and them, the following general provisions shall apply to every transaction and orders placed by you:
a)the price for a product will be as stated in the relevant product listing;
b)some or all of the products and services ordered by you on GoMed platform maybe taxable or could become taxable under applicable laws in force in Nigeria;
c) delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be clearly highlighted in the checkout process and are payable by you;
d) products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the vendor; and
e. the registered vendor warrants that they have good title to, and are the sole legal and beneficial owner of, the products, and that the products are not subject to any third party rights or restrictions, including third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.
4. DEFINITION OF GOMED’S SCOPE (TECHNOLOGY PLATFORMS FOR PHARMACEUTICAL AND ALLIED PRODUCTS)
We facilitate the purchase of drugs, pharmaceutical and non-pharmaceutical products, nutraceutical products and services (which shall also include Over The Counter (OTC), prescription drugs other than controlled substances, and wellness products) offered by licensed vendors registered on GoMed platforms. Accredited consultants are also registered on GoMed platforms to provide services within the scope of their competencies and practice licences in Nigeria. We merely provide hosting and technology intermediary services to patients and end-users and persons browsing/ visiting GoMed platforms.
All items offered for sale, as well as services rendered through GoMed platforms, and the content made available by the registered vendors and consultants are third parties’ generated contents, products and services. We have no control over such third-parties’ generated contents and/orpharmaceutical goods and services, and do not originate, initiate or dictate their provision.
The authenticity, genuineness or efficacy of the pharmaceutical goods or services made available by the registered vendors or consultants through GoMed platforms shall be the sole responsibility of the vendors or consultants. However, before completing an order or utilizing a product or service, you are encouraged to always verify the authenticity of pharmaceutical products offered for sale on GoMed by resort to external links such as verified websites of government agencies regulating drugs and consumables in Nigeria. You may wish to also verify Consultants accreditations and practice license on the official websites of the professional bodies to which the consultants are expected members by default.
Please note that in our return, refund or replacement policy full reimbursements or replacement should be made for any counterfeit drugs.
We shall not be liable for the authenticity or efficacy of the pharmaceutical goods, allied products and services extended to you by registered vendors or consultants through the GoMed platforms.
The Company does not take any representation or warranty as to legal title of the pharmaceutical goods, allied products and services offered by the registered vendors and consultants on GoMed platform. The right, title, claim or interest in the products sold through GoMed shall not vest with us and we shall not have any obligations or liabilities with respect of any transactions on GoMed platforms except as expressly stated in writing herein.
We shall not be liable for any delays, partial or total non-performance of a registered vendor or consultants in their obligations towards you under a transaction facilitated on GoMed platforms; we offer no guarantee that the concerned registered vendors or consultants will perform any transaction consummated on GoMed platforms.
If any of your needs is in your opinion extremely urgent or relates to an emergency, please recourse to a local pharmacy or primary healthcare provider within your locality. Continued use of GoMed platforms may be resumed whenever you are satisfied the situation is stable, less urgent and off emergency.
We are not responsible for the pharmaceutical goods, allied products or services which are out of stock, back-ordered or otherwise unavailable, but were shown as available on GoMed platforms at the time of placement of order by you. We are equally not liable for services from registered consultants displayed as available contingent on other factors extraneous to GoMed platforms. Registered vendors and consultants have the primary responsibility of ensuring the information about their products and services on GoMed platforms are up to date and as is.
You agree and acknowledge that the respective registered Vendors are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Platform.
The content available on GoMed platforms, including without limitation, text, copy, audio, video graphics,are for general information purposes only and do not constitute either an advertisement or promotion of any drug being offered for sale by the registered vendors or consultants on the GoMed platform or any professional medical advice, diagnosis, treatment or recommendation of any kind.
Furthermore, we shall not be responsible for ensuring that the contents made available are not misleading and describe the actual condition of the pharmaceutical goods and services. Also, you acknowledge and understand that we provide no warranty or representation with respect to the authenticity or efficacy of the information provided on GoMed platforms, and you are required to do your own validation check or verification through official external links of the relevant regulators, societies or bodies.
We shall not be, in any event, held responsible or liable for any damages arising out of such content by third-parties.
Prescription Drugs- Only general and basic prescription drugs are available for sale on GoMed platform at this time. Subject to future review, sales of controlled drugs, even where prescriptions exist, are prohibited on GoMed platforms. In order to purchase prescription products, you require a valid prescription signed by a licensed medical practitioner (whether or not a consultant registered on GoMed platforms). You are required to produce a copy of the valid prescription based on your external consultations with licensed third parties using the ‘upload prescription’ option, or after due session(s) with any of the licensed consultants registered on GoMed, and qualified to give medical advice or prescriptions in relation to your specific order.
Substitution of Prescribed Drugs- You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/doctor has himself/herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name. You further acknowledge and accept that, in the absence of the above, the concerned registered vendor would not dispense a substitute drug in place of the Prescription Drug.
Referral Notes – Should you require to transfer a medical consultation you had already begun with a prior existing consultant, to any of the registered consultants on GoMed platforms, you shall be required to obtain a referral note from the previous consultant(s) specifically referring you to any of the appropriate consultants registered on GoMed platforms. Any liability, damage, injury or loss due to concealment of facts as to medical history or prior existing consultation records is entirely yours.
We are absolved of any liability that may arise as a result of any collusion between you and any of the vendors or consultants registered on GoMed platforms, particularly in relation to circumvention or non-adherence to this terms and conditions.
Invitation to treat - The listing of drugs and other pharmaceutical products on GoMed by a registered vendors are merely ‘invitations to an offer for sale’ and not ‘offers for sale’. An offer shall be deemed to have been made only when you place an order on GoMed platforms. The order shall indicate your offer and intention to enter into a binding contractual agreement with the registered vendor.
After your offer is made to the registered vendor, GoMed shall send you an email containing a breakdown of the offer and details of the registered vendor to whom your offer was made. Registered vendor(s) shall accept offers, only through GoMed platforms and in line with whatever preferred communication channel (email; SMS; phone call etc) that patients or end users have indicated on the platforms, regardless of whether the patient or end-user is a registered or a guest user. In case of Prescription Drugs, the offer is only accepted after the vendor has validated/verified a prescription and/or determined the availability of stock to meet an order.
Please note that any reference of the term ‘offer’ or ‘offer for sale’ by the registered vendors or consultants, as appearing in our policies, terms and conditions, shall be construed solely as an ‘invitation to treat’ by any such registered vendors or consultants.
5. TRANSFER OF PROPERTY AND COMPLETION OF SALE
Upon acceptance of an offer, the registered vendor will package the products at its physical dispensary for delivery to the patient or end-user, in accordance with the terms of the order placed. Dispensing of drugs and other pharmaceuticals shall also take place under the direct/personal supervision of the pharmacist of the registered vendor, howsoever required under the applicable law(s).
You agree and acknowledge that the property and title in the pharmaceutical drugs and allied products ordered by you shall stand immediately transferred to you upon the dispensing of pharmaceutical drugs and allied products by the registered vendor and the issuance of an invoice. Accordingly, the sale of pharmaceutical drugs and allied products is concluded at the point of dispensing and dispatch, without prejudice to your rights to a legitimate or eligible return, refund or replacement under our updated return policy.
Drug Delivery Service - The pharmaceutical drugs and allied products shall be delivered by independent contractors engaged by us and integrated unto GoMed platforms. You accept and acknowledge that the courier/delivery personnel, engaged by us, shall be deemed to be your Agent for the purpose of delivery of the pharmaceutical drugs and allied products from the registered vendor with whom you transact, to the mailing address provided by you; with no control over the pharmaceutical drugs and allied products and no additional obligation apart from standard delivery obligations and reasonable duty of care. You also reserve the right to utilized GoMed locator functionality and opt for pick-up of your order at the closest physical location of any of the registered vendors, in accordance with the order placed on GoMed platforms.
6. DIAGNOSTICS, PRESCRIPTIVE SERVICES AND ONLINE PHYSICIANS
We facilitate provision of add-on peripheral clinical services through GoMed platform by which you are availed diagnostic tests/package facilities offered by other third-party service providers such as labs and brick-and-mortar hospitals registered on GoMed platforms as consultants. We shall take reasonable care to demand proficiency certification and proof of licence to operate in Nigeria from such consultants, but you have a duty to also verify the credentials of such consultants.
If you choose to use any of such services offered by the consultants, you agree that we are not privy to the agreement between you and the consultants, and we shall not be liable for samples collected, tests conducted, reports generated or medical procedures embarked upon by such consultants at your request. You also have an obligation to verify and ensure that such consultants operate from a facility that meets the benchmark criteria for whatever medical investigation or procedures you wish to engage them on.
You agree and acknowledge that GoMed platforms only facilitate the connection between you and the consultants. Patients or end-users and the consultants agree to use of GoMed platform and the materials provided therein only for purposes that are permitted by: our policies, terms and conditions and all applicable extant law(s), regulation, guideline, policy papers or generally accepted practices in Nigeria.
Notwithstanding anything to the contrary contained herein, the consultants alone shall be liable for interaction with patients or end-users of GoMed platforms that are availed the services of the consultants through GoMed platforms, and the Company shall have no liability or responsibility in this regard.
We do not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by vendors, consultants, patients or end-users of GoMed platforms. Any observed breach of the policies, terms and conditions of GoMed platforms may compel us to suspend or revoke access by the suspected defaulters to GoMed platforms, without requirement of prior notice, and reactivation of the account shall be absolutely at our discretion after conclusion of investigation on the suspected breach.
We shall not be liable to any vendor, consultant, patient or end-user of GoMed platforms for any wrong information provided on the platforms by such vendors, consultants, patients or end-users.
7. USER ACCOUNT, PASSWORD AND SECURITY
The Company shall enable you to make the requisition of products and Services available to you through GoMed platforms, only if you have provided the Company certain required details as highlighted in paragraph 2 above.
8. PRICING INFORMATION AND PAYMENT
Our Platform strives to provide you with the best prices possible on the products/services you may require from GoMed platforms. The pricing details for purchase of products and services from GoMed platforms are outlined hereunder.
a. All commercial terms such as price, delivery, dispatch of Products and/or services are as per principal to principal tripartite contractual obligations between the patients or end-users, the registered vendors or consultants and the integrated delivery agents.
b. Your relationship with GoMed is on a principal to principal basis and by accepting these Terms of Use you agree that GoMed is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed/offered on GoMed platforms. The Company does not guarantee the identity of all parties using the platforms, nor does it warrant that a party using the platforms will complete a transaction. Parties understand that any action for breach of contract is not actionable against the Company but any other defaulting party in the relevant transaction’s triangle.
c. Patients or end-users understand that upon initiating a requisition on GoMed platforms, they are entering into a legally binding and enforceable contract with the registered vendors or consultants and the delivery agent (in cases other than pick up orders), to purchase products and/or services from the vendors or consultants on such payment mode indicated or selected from the options available on GoMed platforms.
d. You agree to hand over the original prescription at the time of delivery of any products to you, which by law requires a valid prescription signed by a medical practitioner. You acknowledge that delivery of such products shall be made only if the vendor or its agent/employee is satisfied that the prescription is in compliance with applicable norms.
e. Patients or end-users have a duty to electronically notify GoMed using the appropriate features on GoMed platforms, of every delivery or non-Delivery product or services ordered, within the time period as provided in our policies, terms and conditions. Non-notification by You of delivery or non-delivery within the time period specified in the Terms of Use shall be construed as a deemed delivery in respect of that particular order.
f. Patients or end-users shall be entitled to claim a refund in eligible cases, in accordance with the Refund Policy of GoMed platforms.
g. Refund shall be made in Naira only and shall be equivalent wholly or a part of the Transaction Price received in Naira, subject to further deductions that may apply based on our return, refund or replacement policy.
h. Refund shall be subject to your complying with all of our applicable policies, terms and conditions.
i. patients or end-users,vendors, consultants, delivery agents and integrated payment gateways providers all acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction, transaction price or any delay or failure in processing a transaction, transaction price or transaction which is beyond control of the Company.
j. You acknowledge that GoMed is a mere facilitator and does not assume roles or function in the capacity of regulators or societies, including but not limited to the National Agency for Food and Drug Administration and Control, the Standard Organization of Nigeria, the Pharmaceutical Council of Nigeria, the Medical and Dental Practitioners Council, the Nigerian Medical Association.
k. In order to process the payments for orders, legitimate refund claims or remittances to vendors, consultants or delivery agents GoMed platforms may require details of your bank account or debit card number details.Online payments are processed with the support and services of banks, payment gateways, payment aggregators or other financial or technology merchants; and the Company is not responsible for any loss or damage caused to during this process as these banks, payment gateways, payment aggregators, financial or technological merchants are persons or systems outside the control of the Company or GoMed platforms. You may require following up a failed transaction with these third parties independently.
9. GOVERNING LAW AND DISPUTE RESOLUTION
The laws of Nigeria shall govern the operation, use and transaction on GoMed platforms. In the unlikely event of a dispute or an issue, You are required to use our complaint channel to register any complaint you have concerning any transaction or matter relating to the use of GoMed platforms and we will try to work in good faith to resolve any issue within 5 working days of receipts. Where in your opinion an issue is notsatisfactorily resolved within these 5 working days, you may refer the matter to arbitration within 14 days of dissatisfaction with the resolution by our complaint desk. The arbitration shall be in accordance with the Arbitration and Conciliation Act, Cap A18, LFN 2004 and shall be presided upon virtually by an independent arbitrator appointed by either the Abuja Multi-Door Courthouse or Lagos Multi-Door Courthouse.
10. FORCE MAJEURE
A party shall not be held to be in breach of an obligation which failure of obligation can reasonably be shown to be due to any event or occurrence beyond the reasonable control of the defaulting party, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.
11. GENERAL
We reserve the right, in our sole discretion, to terminate your access to all or part of GoMed platforms, with or without cause, and with or without notice. We reserve the right to modify all or any of our policies, terms and condition, effective upon posting. Use of our platforms after such changes will be deemed an acceptance of those changes. In the unlikely event that any of our policies, terms or conditions is held by a judicial authority or legislation to be illegal or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the rest of our policies, terms and conditions shall otherwise remain in full force and effect subject to further revision or amendment.
12. INTELLECTUAL PROPERTY INFORMATION
GoMed platforms are under Copyright © 2022 and belong to Finnblue Technologies Nigeria Limited. All rights reserved. All trademarks, logos, patents and service marks (“Marks”) displayed on, or relating to products or services displayed on GoMed platforms are our property or the property of other third parties who by their registration or integration on GoMed platforms are deemed to have consented to the display of their respective Marks on GoMed platforms. You are not permitted to breach this copyright or use these Marks without our prior written consent or the consent of such other third parties as appropriate.