Terms of use

Introduction

The following are the Terms and Conditions (the “Agreement” or “Terms of Use”) which govern your access and use of our Website (the “Platform”) through which access to mental healthcare products and services may be provided. This Website is owned and operated by Orius Medical Limited (“Orius Medical”), registered under the Company and Allied Matters Act, 2020, by the Corporate Affairs Commission of the Federal Republic of Nigeria. The Platform’s Services may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website orius.com.ng¬†and its related apps.

BY ACCESSING OR USING THIS PLATFORM, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT TO THESE TERMS OF USE AND THE PRIVACY POLICY JUST AS YOU WOULD BY SIGNING A PAPER CONTRACT.

THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED THERAPY OR EMOTIONAL SERVICE ANIMAL CERTIFICATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.

You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform.

When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the “Company”).

Orius Medical enables Africans to access virtual therapy, mental health counselling, mental support services, and mental health education. The company aims to create an ecosystem for mental wellness via our products and services (primarily mental healthcare and education). We also offer other value added services.

The Platform may be used to connect you with a Psychologist, Therapist, Counsellor, Doctor, Social worker or educator who will provide Services (“Mental healthcare and/or Mental health education”) to you through the Platform or a third party provider.

For mental healthcare, ONLY information directly received by you from the Therapists during the course of your Session, may be considered clinical or counselling advice/guidance.

Other than information received directly by you from the Therapists during your Session, you should always talk to a qualified healthcare professional for appropriate assessment, diagnosis, and treatment, including information regarding therapeutic care or the use of medications.

For mental health education, we may post or provide links to text, audio, image or video courses, trainings or resources that may be of interest to you (“Resources”). These Resources do NOT translate to clinical/medical advice or formal training, and are not to be used as a basis for medical diagnosis or treatment, or to confer upon you the rights of a mental health professional.

Payment for or subscription to any of the Plans available on the Platform grants you a limited, non-exclusive, non-transferable right to access the Platform and its Services as stipulated in the said plan. This right is applicable solely for your personal, non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us. We reserve the right, in our sole discretion, to deny or suspend use of the Platform or Services to anyone for any reason.

You agree that you will not, and will not attempt to: impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; use the Platform or Services to violate any local, state, national or international law; reverse engineer, disassemble, decompile, or translate any software or other components of the Platform or Services; distribute viruses or other harmful computer code through the Platform; or otherwise use the Services or Platform in any manner that exceeds the scope of use granted above. You also agree to refrain from abusive language and behaviour which could be regarded as inappropriate, or conduct that is unlawful or illegal (including speech or behaviour that is hateful, racist, indecent, obscene, defamatory, libellous, threatening, harassing, embarrassing, infringing, vulgar, or even the sharing of pornographic content, or any behaviour or action which constitutes the invasion of the privacy of the Therapist or others), when communicating with a Therapist through the Platform or its third parties. You also agree to refrain from contacting any Therapist from the Platform for Therapy or other related Services outside of the Platform.

Orius Medical will NOT be responsible or liable for any interactions with Therapists that are not conducted through the Platform.

The Platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.

The Therapists who deliver Services through the Platform are Independent Providers who are not direct employees of Orius Medical. In this regard, the Platform’s role is limited to enabling access to the Therapists. Each Therapist is responsible for the performance of his or her mental health support services, especially as regards compliance with the ethics of their profession.

While we hope the Therapy Services are beneficial to you, you understand, acknowledge and agree that they may not be the appropriate solution for your particular needs and that they may not be appropriate for every particular situation, especially those that might require in-person therapy or medical intervention.

Neither Orius Medical nor any third parties who promote the Platform and its Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Therapist while using the Platform or its third party extensions.

Therapy Services on the Platform may be available for use by children and teens. However, minors are NOT authorized to schedule a Therapy appointment (by purchasing a plan) and may NOT use the Services without the supervision of a parent or legal guardian.

If you schedule a Therapy appointment (by purchasing a plan) as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process, and use of personal information on behalf of the minor.

You hereby agree to pay all fees or charges to your Account in accordance with the fees attached to your selected Plan(s), training, or course(s). By providing Orius Medical or its third party providers with your payment information, you agree that Orius Medical (or via its third parties) is authorized to immediately invoice your account for all fees and charges due and payable to Orius Medical and that no additional notice or consent is required.

You also agree that for Therapy Services (which are provided on an appointment basis), in the event that you missed an appointment, you will be responsible for the appointment fee, equal to all of the fees you would have paid if you had showed up for the scheduled Therapy Services. You hereby acknowledge, understand, and consent to Orius Medical‘s policy of NO REFUND on missed Therapy appointments (including the PAYG, Standard, and Enterprise Plans) that have already been payed for on your behalf.

Orius Medical reserves the right to change, add to, alter, or delete portions of these Terms of Use (as it deems necessary) at any time. If we do so, however, we will revise the updated date at the bottom of this page on the date of the change. You are therefore advised to and will be responsible for regularly checking the Terms of Use for updates or modifications, in order to ensure that you understand its implications. Continued use of the Platform or its Services after any such changes/alterations indicates your consent to the modified Terms of Use, inclusive of its modifications.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND AGREE TO HOLD Orius Medical HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE THERAPIST SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY THERAPIST AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM OR ITS THIRD PARTIES FOR THE PERIOD OF YOUR MOST RECENT PLAN PRIOR TO THE DATE OF THE CLAIM.

These Terms of Use, related agreements and our policies constitute the entire agreement between you and Orius Medical with respect to your use of the Platform, superseding any prior agreements between you and Orius Medical regarding your use of the Platform and its related Services.

You agree that these Terms of Use and related agreements and any claim or dispute arising out of or relating to them or any Service obtained from or through the Platform will be governed by the laws of the Federal Republic of Nigeria, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts of the Federal Republic of Nigeria. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defence or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Last Updated:
10/07/2023.