Terms and Condition
These Terms of Use apply to your use of all the Services which you may access or enjoy as a user of either the Bloom Buddy website or mobile application (collectively the “Platform” or “Ecosystem”). Bloom Buddy is owned and operated by Bloom Buddy Limited (Collectively “Bloom Buddy” “We “, “Us” or “Our” ) located in Lagos, Nigeria. Bloom Buddy is an integrated diagnosis and treatment management technology Ecosystem that connects parents or caretakers of children needing behavioural and neuro-developmental support with professionals who can provide intervention services (“the Services”). Please read these Terms of Use (the “Terms”) carefully. The Terms apply to all visitors, users, and others who access or use the Platform, except for any Professional, consultant, practitioner, professional, expert, therapist, advisor, or any other person or legal entity who registers to provide its Professional Services (as defined below) through the Platform (“Professionals”) to which separate terms and conditions apply. Our obligations to users of the Platform are limited to those specifically detailed herein. No additional obligation may be construed as applicable to Us by construction or inference except as expressly stated herein. We also provide details regarding our processing of users’ personal data in our Privacy Policy (link to privacy policy).
When used in these Terms, the capitalised terms listed below shall have the following meanings:
Professionals
means any Professional, consultant, practitioner, expert, therapist, advisor or any other licensed professional who registers to provide its Services on the Platform;
Professional Services
means the telemedicine or teletherapy services provided by the Professionals to users connected via the Ecosystem and defined by the Direct Professional Agreement;
Direct Professional Agreement User
means the agreement that governs the terms of engagement between the Users and Professionals who connect on the Platform Means any visitors, users, and or person who has access to or uses the Platform, except for Professionals
1. Bloom Buddy Services
Bloom Buddy is a telemedicine Ecosystem that connects parents or legal guardians of children with behavioural and neuro-developmental challenges with professionals who can provide support. We do not provide healthcare services. The Platform can connect you with a Professional who will provide counseling or professional advice to you. Any information or advice received from a Professional comes from the Professional and not Bloom Buddy. The Platform may also have educational information text, graphics, videos, photos or other educational materials (“Educational Content”) provided by Professionals for a fee. These Educational Content should not be considered medical advice.
a. Professional Engagement. By using the Platform, you understand that our services are limited to connecting you with a Professional within the Ecosystem. All Professionals are independent of Bloom Buddy and are independent contractors connecting with You through our Ecosystem. No employment relationship for such individuals shall arise between the Professional and Bloom Buddy. The telemedicine or teletherapy services provided to You by the Professionals are governed by the Direct Professional Agreement between You and the Professional to which Bloom Buddy is not a party.
Although We have a Professional onboarding process where we make reasonable efforts to verify the professional qualifications of Professionals on the Platform and to ensure they are in good standing in their relevant field of expertise and ensure their practice abides by all Applicable Laws, rules, and regulations, We do not make any representations or warranties about the level of skill or competence of any Professional in the Ecosystem. However, we have provided information on professional qualifications and experience as represented by such Professionals. You are ultimately responsible for choosing the particular Professional that serves you. However, you may consult our Professional ranking system to guide your selection/ decision. Neither Bloom Buddy nor any third parties who promotes our Services or provides you with a link to the Platform shall be liable for any professional advice you obtain from a Professional via the Platform. You acknowledge that you rely on the advice provided by the Professionals solely at your own risk and you assume full responsibility for all risk associated thereto. You acknowledge that the Professional Services may not be suitable for everyone’s needs or suitable for every particular situation and do not substitute a face-to-face examination/diagnosis by Your primary medical practitioner or other qualified healthcare professionals in every specific case. If the services provided by the Professional are not suitable for your needs or expectations, you are entitled to change to a different Professional on the Platform.
2. User Account
In order to access Services on Our Platform, You must sign up and create a user account. To set up Your user account, you will need to provide us with personal information such as your full name, address, email, and phone number. All data collected by Us will be stored and used in accordance with our Privacy Policy. Check [Privacy Policy Link] to see a detailed explanation of how We handle your personal data. If you provide false or deceptive information when setting up your user account, We reserve the right to terminate all current or future use of the Services by you. You agree that you will not create more than one account or create an account for anyone other than yourself (except sub-accounts established for minors to whom you are a parent or legal guardian). You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor to whom you are a parent or legal guardian, to agree to these Terms of Use. You are responsible for maintaining the confidentiality of your account login details and any other security information related to Your account. In the event of any unauthorised use of Your account or any other concern relating to a possible breach of Your account security, You are required to notify Us immediately. Bloom Buddy will not be liable for any loss or damage that You incur due to someone else accessing your account, either with or without Your knowledge. We recommend that You frequently change and take extra care to protect Your password.
3. Prohibited Use of Platform
You undertake that Your use or access of the Platform shall be done lawfully and shall not be for an unlawful purpose or in any manner/purpose that contravenes these Terms. You agree not to:
a. Use the Platform and Services for any other individual apart from yourself, your child, or your legal ward.
b. Post, send, use, store, transmit or deliver on or through the Platform:
i. any content which may constitute, cause or encourage a criminal action or violate any applicable law;
ii. any content that infringes a third-party right including the privacy rights of others;
iii. messages or information under a false name;
iv. unsolicited e-mail and advertisement or promotion of goods and services; v. malicious software or code;
vi. messages or information that is unlawful, libelous, defamatory, fraudulent, predatory to minors, threatening or hateful, harassing, intrusive, abusive, vulgar, obscene, racist, or potentially harmful.
c. Contravene/violate any applicable law concerning your use of the Platform and your relationship with the Professionals. You agree that if you use the Platform in the ways aforementioned, Bloom Buddy reserves the right to terminate your access to the Platform or Services, restrict/delete your user account and refuse any future request from you to use the Platform. For more information about how we deal with discrimination and prohibited use of the Platform, read our Non-Discrimination Policy.
4. Service Fees
In order to gain access to Professionals or Educational Content available on the Platform, you will be required to pay the applicable fees stipulated for such Service (collectively “Fees”). Where applicable, You will be required to provide financial information such as your credit or debit card number, your CVV, or your transaction authorisation pin. We may from time to time update your payment methods using the information provided by our payment service providers. You authorise us to charge your debit or credit card or process other means of payment for those fees. For more information on how we store and use this information, check out our Privacy Policy for more details.
You are responsible for paying all fees charged by the Professional before Professional Services commences and with a payment mechanism associated with the applicable paid Services. You agree not to use an invalid or unauthorised payment method when you make a payment. If your payment method fails and you still have access to the Service, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to the Service for which we have not received adequate payment. All Fees and other amounts payable by You under these Terms are exclusive of taxes. Thus, You are responsible for all taxes, duties, and charges of any kind imposed by any federal, state, provincial, territorial or local governmental entity on any amounts paid by you for any of our Services.
5. Intellectual Property
Bloom Buddy owns exclusively, all proprietary rights/licenses to the Platform including all worldwide intellectual property rights in the Platform, trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, modify, adapt, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Platform or any content appearing in the Platform. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary right notices incorporated in the Platform. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Platform or any third party. Unauthorised use shall constitute an infringement of Bloom Buddy’s intellectual property rights which shall be prosecuted.
You may not, or attempt to;
a. decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Platform;
b. circumvent, disable, or otherwise interfere with security-related features of the Platform or features that prevent or restrict the use or copying of any content;
c. use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform; or
d. harvest, collect or mine information about other users or Professionals in the Ecosystem.
6. Third-Party Content and Links
Through our Platform, you will have the ability to access and/or use Educational Content provided by Professionals, instructors, other users, and/or other third parties and links to websites and services maintained by third parties (collectively “Third-Party Content”). We do not review or edit Third-Party Content for legal issues and we are not in a position to determine the legality or accuracy of such content. You hereby agree that We are not responsible or liable for any disputes, claims, losses, injuries, or damage of any kind related to your access, use, or inability to access or use such third-party content. We also do not provide a guarantee that such third-party content will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. In your use of our platform, You may also find links to other websites or applications that We do not control. We are not responsible for the content or any other aspect of these third-party sites, including their collection, processing or use of personal information. You are advised to interact with these websites with caution and you agree that Bloom Buddy is not liable for any harm suffered by you as a result of your accessing these third-party sites. Additionally, We are not responsible for any payments processed or submitted through third-party sites, or for the privacy policies of such sites. Bloom Buddy is not responsible for the content available on such sites and we do not endorse any products or services offered by third parties. We urge our users to exercise caution in using third-party sites.
7. Disclaimers & Limitation of Liability
You agree that You are solely and fully liable and responsible for all activities performed using your account. We will hold you accountable and liable for any damage or loss incurred due to the use of your account by any person, whether authorised by you or not. You agree to indemnify and hold Bloom Buddy harmless for any such damage or loss. The Platform and Services are provided on an “AS-IS” and “AS AVAILABLE” basis without warranties of any kind from Bloom Buddy.
BLOOM BUDDY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE PLATFORM, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
BLOOM BUDDY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING;
i. THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PLATFORM OR PROFESSIONALS; OR
ii. THE PLATFORM BEING ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR
iii. THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE PLATFORM OR CONTENT OFFERINGS.
BLOOM BUDDY MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE PLATFORM. BLOOM BUDDY FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO THE USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK. BLOOM BUDDY DOES NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION PROVIDED THROUGH THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BLOOM BUDDY CANNOT AND DOES NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS AND TO CHANGE OR UPDATE THE CONTENT AT ANY TIME WITHOUT PRIOR NOTICE.
Although Bloom Buddy will make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, We do not warrant that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times any eventual defects will be corrected. In no event will our affiliates, directors, officers, subcontractors, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Platform, any interruption in the availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilisation in any manner whatsoever of the Platform or the data collected through the Platform, even if one or more of them has been advised of the possibility of such damages or loss. You acknowledge and agree that Bloom Buddy is not engaged in the practice of medicine and that Bloom Buddy is not determining the appropriate medical use of the services. Bloom Buddy, its licensors, suppliers, and all third parties who promote the services or provide you with a link to the services expressly disclaim any and all liability resulting from the delivery of the Services including but not limited to liability for medical malpractice.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY OUTLINED IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BLOOM BUDDY AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR BLOOM BUDDY’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS. YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
8. Indemnification
You agree to indemnify, defend, and hold harmless Bloom Buddy and its respective employees, directors, officers, subcontractors, service providers, vendors, and agents of each against any and all claims, damages, or costs or expenses (including court costs and attorney's fees) that arise directly or indirectly from:
a. breach of these Terms by You;
b. any claim, loss, or damage experienced from your use or attempted use of (or inability to use) the Platform, including any transactions that You conduct or attempt;
c. your violation of any law or regulation;
d. your infringement of any right of any third party; and
e. any other matters for which You are responsible hereunder or under law.
You agree that your use of the Platform, including, without limitation, the provision of services in connection with the Platform, shall be in compliance with all Applicable Laws, regulations, and guidelines and shall not be intended to damage, disable, overload, or impair the Platform or the servers on which it is hosted.
9. Governing Law and Dispute Resolution
These Terms and your use of the Platforms are governed by and construed in accordance with the laws of the Federal Republic of Nigeria applicable to agreements made and to be entirely performed within Nigeria, without regard to conflict of law principles. You agree that in the event of any dispute relating to these Terms, recourse shall be had to arbitration which shall be conducted in accordance with the Nigeria Arbitration and Conciliation Act 1988 or any subsequent amendment thereto. The arbitration award shall be binding on the parties. Notwithstanding the preceding, We retain the right to apply to any court of competent jurisdiction for provisional or ancillary reliefs, including preliminary injunctions, and any such request shall not be deemed incompatible with any of these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in this Terms.
10. Miscellaneous
If any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision that most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between You and Bloom Buddy pertaining to the subject matter hereof. Without prior notice, we may assign our rights and obligations hereunder to any third party. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the preceding shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If We are required to provide notice to You hereunder, We may provide such notice to the email account that you provided to Us.
11. Updates
You agree that We may revise the Terms at any time without notice. However, all updates to the Terms will be posted on this page on the Platform. Any revisions or updates bind you. You should periodically visit this page to review the current terms that apply to your use of our Platforms. Any use of any of our Services by You after the publication of changes to the Terms shall constitute your acceptance of the Terms as modified. In its sole discretion and at any time, Bloom Buddy may discontinue providing the Services or any part thereof without notice.
12. Inquiries and Complaints
We are always willing to respond to your feedback, inquiries, and complaints and improve your user experience. By submitting any feedback, inquiries, or complaints, You grant Us the right to use the Feedback without any restriction or any compensation to You. We are committed to improving your user experience with our Services. Please send your complaints and queries by emailing support@thebloombuddy.com
Last updated: 16/ 09/2022