Your access to and use of the website, and software applications (the “Website”) and use of our home care services (as defined below) are subject to the terms and conditions of this agreement (“Agreement”). Please read these terms carefully before using the Website and/or requesting our services. If you do not agree to the terms and conditions set out in this Agreement, please do not use the Website and/or request our services.
This Agreement applies to any person (hereinafter referred to as “patients” or “you” or “your” or “parents” or “guardians“) who, for whatever purpose, accesses and/or uses the “Website”:
- to register to receive our newsletter (“Newsletter“) and/or our updates and offers and/or other information;
- to participate in our promotions;
- to access any other product made available through the Website;
- to use or receive any services supplied to you by the Healy Nurse;
- to access, download, refer to, install, or use any associated software supplied by Healy Nurse (collectively, the “Software“); and
- to access, use refer to, view, and/or download any information made available on or by means of the Website (“Content“).
Changes to These Terms of Use
We reserve the right, in our sole discretion, to change these service policies and information at any time on our website and by email or text message to our clients. It is your responsibility to check for any changes we may make to these service policies and information. Your continued patronage of our business following the email or text message of the changes to the service policies and information or other policies means you accept the changes. The revised service policies and information will take effect immediately we send emails or text messages to our clients.
Booking/Requesting a Home Care Service
In order to book a service, you will be required to complete an electronic registration form, which will include:
- Providing us with all the information we require, which may include (but not be limited to) a full name, valid email address, contact number, and residential address; and
- Confirm your acceptance of the Agreement and Privacy Policy, as read with such other terms (if any) which the Company may require you to accept.
Nature of the Service
THE COMPANY DOES NOT PROVIDE HOME CARE, AND THE COMPANY IS NOT A HOME CARE AND NURSING. IT IS UP TO AN INDIVIDUAL SERVICE PROVIDER REGISTERED ON THE WEBSITE TO OFFER SERVICES THAT MAY BE SCHEDULED THROUGH THE USE OF THE WEBSITE OR SOFTWARE. HEALY NURSE OFFERS INFORMATION AND A METHOD TO OBTAIN SERVICES (SUCH AS WOUND CARE AND ROUTINE CHECKUPS), BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH SERVICES OR ACT IN ANY WAY AS THE SERVICE PROVIDER, AND INDIVIDUAL SERVICE PROVIDER.
BY USING A NURSE WHO IS OFFERING THEIR SERVICES THROUGH THE WEBSITE OR SOFTWARE, YOU AGREE AND UNDERSTAND THAT SUCH A SERVICE PROVIDER IS AN INDEPENDENT CONTRACTOR. THE FACT THAT SUCH SERVICE PROVIDER MARKETS THEIR SERVICE THROUGH THE WEBSITE OR THE SOFTWARE DOES NOT IN ANY WAY CREATE, ESTABLISH OR SET UP ANY AGENCY, PARTNERSHIP, OR EMPLOYMENT RELATIONSHIP BETWEEN THE COMPANY AND SUCH SERVICE PROVIDER.
Healy Nurse is a Platform
The Website and Software are a communications platform (“Platform”) for enabling the connection between individuals seeking to get services (such as infusion therapy, wound care, routine checkup, administration of medications, and other home healthcare services listed on the website. The Company checks the backgrounds of service providers via third-party background check services; however, Healy Nurse does not guarantee or warrant, and makes no representations regarding, the reliability, quality, or suitability of such service providers. When interacting with service providers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. By using the Services, you agree to hold Healy Nurse free from the responsibility for any liability or damage that might arise out of the transaction involved. Neither Healy Nurse nor directors are responsible for the conduct, whether online or offline, of any user of the Services. Healy Nurse and its directors will not be liable for any claim, injury, or damage arising in connection with your use of the Services.
In the clauses above, you take on certain risks, liabilities, and responsibilities and certain risks, liabilities, and responsibilities of a Healy Nurse are excluded. You are responsible for taking all security measures when engaging with a nurse.
Your Use of These Services
Before using this service, you should agree to the following:
Equipment
Healy Nurses provide all nursing equipment. However, we do not discourage the use of patient equipment. If you insist, we will use your own equipment. Healy Nurse will not be liable for any damage to your property.
Supplies/Consumables/Treatment Input
The patient or parents/guardians will provide all the supplies/consumables that our nurses will use in home care treatment. However, care nurses can assist you in purchasing the needed treatment input before the scheduled visit.
Payment for Supplies/Consumables
A patient or parents/guardians will reimburse the care nurse for the purchase of supplies after they complete the patient’s treatment. Payment can be in cash or electronically.
Access to Client’s Home/Station
The patient must allow Healy Nurses access to her/his home or station for treatment. You may incur an additional fee if you cannot give access to our nurses.
Pets
Healy Nurse requires that the patient secures his/her pets for the safety of our nurses.
Bodily Fluids and Waste
Our nurses clean your bodily fluids. However, you are responsible for disposing of the treatment consumables/inputs.
Valuables
Healy Nurse insists the patient put away any valuables, collectibles, heirlooms, or other similar items to help reduce accidents or theft.
Additional Services
Healy Nurse instructs nurses to follow the requirements listed on the service request (using our USSD code) or through other channels. If you would like additional services performed, please get in touch with our office at least one business day in advance to schedule your additional needs. We reserve the right to charge more and/or send additional nurses to help complete the job when needed.
Force Majeure
Healy Nurse will end the liabilities in these Terms and Conditions if you prevent our nurses from fulfilling their responsibilities under the terms of these Terms and Conditions by (a) delays in transportation, shortages of fuel and/or materials, strikes, embargoes, fires, floods, quarantine restrictions, earthquakes, hurricanes, lockdowns or any other act of God or circumstance or cause beyond the control of Healy Nurse. Healy Nurse reserves the right to adjust the service charge in the event of such occurrences or happenings. (b) CHANGE IN LAW. Healy Nurse performs its services in accordance with the requirements of law. In the event of a change in existing law, as it pertains to the service herein, Healy Nurse reserves the right to revise the service charge or end this Agreement, EXCEPT AS OTHERWISE PROHIBITED BY LAW Healy Nurse DISCLAIMS AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY FOR INDIRECT SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, STIGMA AND/OR LOSS OF ENJOYMENT DAMAGES. THE OBLIGATION OF Healy Nursing Services SPECIFICALLY STATED IN THIS AGREEMENT ARE GIVEN INSTEAD OF ANY OTHER OBLIGATION OR RESPONSIBILITY, EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Mandatory Arbitration
Any claim, dispute, or controversy, whether arising from any contract, tort, statute, or otherwise (“Claim”) arising out of or relating to these Terms and Conditions or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by The Federal Competition and Consumer Protection Commission (FCCPC). The Federal Competition and Consumer Protection Commission (FCCPC) is the foremost competition and consumer protection authority in Nigeria. The Commission was established by the Federal Competition and Consumer Protection Act (FCCPA) 2018 to, among others, develop and promote fair, efficient, and competitive markets in the Nigerian economy, facilitate the access by all citizens to safe products, and secure the protection of rights for all consumers in Nigeria. FCCPC currently has offices in Abuja, Lagos, Port-Harcourt, Awka, Osogbo, Minna, Bauchi, Katsina, and Kano. The Federal Competition and Consumer Protection Commission (FCCPC), by its mandate, receives and looks into Client complaints in a bid to ensure speedy redress for complainants. Any person who uses products or services expects to get value from them. When this expectation is not met, it gives rise to complaints.
For the Commission to address a complaint, the aggrieved consumer must have initially engaged the provider of the product or service. If not satisfied, the complainant can then file a complaint with the Commission. This may either be in hard copy and delivered to any of our offices or soft copy through the website portal or email. Please see the tab “About Us” on the home page.
The complaint must clearly state:
- The party complained against, with the correct address
- The amount involved
- The expected redress
You should also attach proof of transaction and any other documents to support your claim. All these will help the Commission with the process of redress if a valid complaint is established.
If they received electronically your complaint, you should expect an immediate acknowledgment. If they received your complaint in hard copy, you should expect to get an acknowledgment within 2 working days.
They could resolve immediately a complaint or it may take more time depending on its nature. Complaints require a response from the provider of products and services that the Commission will request for. Some require the intervention of other stakeholders, such as sector regulators, while others do not. While the Commission is committed to providing speedy redress to valid complaints, the provision of accurate information and documentation makes this easier and reduces the timelines.
It takes anything between one (1) day and forty-five days (45) days to get redress. However, some exceptions may exist beyond this time frame.
Severability
These Terms and Conditions make up the entire agreement between the parties and no other representation or statements, whether oral or written, shall be binding on the parties. If we hold any part of these Terms and Conditions to be invalid or unenforceable for any reason, the remaining terms and conditions shall remain in full force and effect.
Termination
Healy Nurse may, at its own discretion, end these Terms and Conditions at any time during the term of this agreement. No early termination fee will apply and only fees for services already performed will be charged. Healy Nursing Services reserves the right to end service and refund clients at any time for any reason. We will notify clients immediately via email or text message.
Satisfaction Guaranteed
While we do not offer any refunds for work already performed, we are committed to your satisfaction. Healy Nurse guarantees that if we do not satisfy you with the quality of our work, we will keep working until we satisfy you. We require that you notify us within 24 hours of your nursing care about any concerns.
Payment Policy
Healy Nurse requires advance payment for consultation and commitment and the balance payment immediately after your home care visit/treatment. The patient and/or parents/guardians should pay through the payments portal on our website or our corporate bank account(s). We accept payments of all forms, including Card, Visa QR, Bank Accounts, Mobile Money, Bank Transfer, and USSD. However, we do not accept Cash and Bank Cheques.
Right to Refuse Service
Healy Nurse reserves the right to refuse a patient’s request.
Healy Nurses Home Care Work Rules
Healy Nurse wants to encourage a safe and pleasant work atmosphere. This can only happen when everyone cooperates and commits to appropriate standards of behaviour.
The following is a list of behaviours that the company considers unacceptable. Any nurse found engaging in these behaviors will be subject to disciplinary actions including reprimand, warning, or dismissal:
- Failure to be at the patient’s home, ready to work, at the scheduled/regular starting time.
- Willfully damaging, destroying, or stealing property belonging to a patient or their family/friends.
- Fighting or engaging in disorderly conduct.
- Refusing or failing to carry out instructions of a nursing supervisor.
- Leaving your patient’s home/station (except for reasonable personal needs) without completing a patient’s treatment.
- Ignoring work duties or loafing during home care visits to patients.
- Going for home care duties under the influence of alcohol or any drug, or taking alcoholic beverages or drugs a patient’s home.
- Using threatening or abusive language toward a patient, his/her family and friends.
- Falsifying records including nursing notes/documentation.
- Smoking contrary to established policy or violating any other fire protection regulation in a patient’s home/station.
- Willfully or habitually violating safety or health regulations.
- Failing to wear clothing conforming to standards set by the Healy Nurse.
- Being tardy or taking unexcused absences during a patient’s treatment.
- Not taking proper care of, neglecting, or abusing a patient’s medical equipment and tools.
- Using a patient’s medical tools and equipment in an unauthorized manner.
- Possessing firearms or weapons of any kind in a patient’s home or property.
Complaints
If you have any complaints or queries, please contact us via the contact details shown on our website, email our support team [email protected]
Breaches of These Terms and Conditions
Without prejudice to Healy Nurse’s other rights under these terms and conditions, if you breach this Agreement, the company may take such action as it deems appropriate to deal with the breach, including suspending your access to the Website, Software or Services, prohibiting you from accessing the Service or Software, and/or bringing court proceedings against you.