Terms of use

1. Who may use the Services

You must be at least 18 and able to enter a binding contract. Medicines ordered for a child must be ordered by a parent or guardian.

2. Accounts

Give accurate information and keep it current. Keep your login details confidential and tell us promptly about any unauthorised use. You are responsible for activity under your account, except where it results from our breach.

3. Licence

We give you a limited, non-exclusive, non-transferable, revocable right to use the Services under these Terms. We and our licensors keep all intellectual property rights in the Services, including the Echotrac, Echo AI, Echomart and Research OS names and marks.

4. Acceptable use

You must not:

• break any law, or use the Services to sell or supply controlled, unregistered, falsified, substandard or expired medicines
• upload a false, altered, or another person’s prescription, or impersonate anyone
• enter personal or health data you have no lawful right to use
• breach security, probe for vulnerabilities, or access another user’s data
• copy, resell or reverse-engineer the Services, except where the law allows this despite this restriction
• scrape the Services, overload them, or use them to build a competing product
• upload malware or infringing content, or abuse referral or credit schemes

5. Your content

You keep ownership of what you submit. You allow us to host, process and display it as needed to provide, secure and support the Services and to meet legal duties. Our Privacy Policy explains how personal data is handled.

6. Feedback

You may send us ideas freely. We may use them without payment or attribution, and you should not include confidential information in them.

7. Health information

The Services do not give medical advice and do not replace a doctor, pharmacist, or other healthcare professional. The Clinical and AI Disclaimer forms part of these Terms. In an emergency, go to the nearest hospital or contact emergency services.

8. Third party providers

Parts of the Services, including payments, hosting, messaging and AI, rely on third-party providers. Linked or connected third-party services may have their own terms. We are not responsible for services that we do not operate, but this does not remove our responsibility for choosing and overseeing the providers we engage to deliver the Services.

9. Availability and changes

We work to keep the Services available, but do not promise uninterrupted or error-free operation. We may change or withdraw features. We will give reasonable notice of any material change that significantly reduces what you have paid for, and refund any prepaid amount for a Service we stop providing.

10. Suspension and termination

You may stop using the Services at any time. We may suspend or end access if you breach these Terms, if we must do so by law or regulator direction, or to prevent harm to patients, users or the Services. Except in urgent cases, we will tell you why and give you a chance to respond. Clauses that by nature should continue will survive termination.

11. Your legal rights

Nothing in these Terms removes rights that cannot be excluded by law, including under the Federal Competition and Consumer Protection Act 2018 and the Nigeria Data Protection Act 2023.

12. Disclaimer

Subject to clause 11, the Services are provided “as is” and “as available”. We exclude warranties that are not stated in these Terms, to the extent the law permits.

13. Limits on liability

This clause is important, so please read it.

• Nothing limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot legally be limited.
• Subject to that, we are not liable for loss of profit, revenue, goodwill or data, or for indirect or consequential loss.
• Subject to that, our total liability for all claims in any 12 months is limited to the greater of ₦50,000 and the amount you paid us in those 12 months.
• We are not responsible for delays or failures caused by events beyond our reasonable control, such as power or network failures, or government action.

14. Indemnity

If you use the Services for business, you will compensate us for third-party claims, regulatory penalties and reasonable legal costs caused by your breach of these Terms or of the law. This does not apply to the extent we caused the loss. This clause does not apply to you as an individual customer.

15. Complaints and disputes

Contact support@echotrac.co first. We aim to respond within 10 working days. If the matter remains unresolved after 30 days, either party may propose mediation. Consumers may also approach the Federal Competition and Consumer Protection Commission, the Pharmacy Council of Nigeria or the Nigeria Data Protection Commission, as relevant.

16. Governing law and courts

Nigerian law governs these Terms. The courts of Lagos State and the Federal High Court, where it has jurisdiction, will decide disputes. Business customers are also subject to the arbitration clause in the Pharmacy Subscription Terms. You may still seek urgent relief from a court with jurisdiction.

17. Changes

We may update these Terms. We will post the new version and give reasonable notice of material changes by email or in the Services. Continued use after the effective date means you accept them. If you do not agree, stop using the Services before that date.

18. General

You may not transfer your rights without our consent. We may transfer ours as part of a reorganisation or sale, provided your rights are not reduced. If a clause is unenforceable, the rest continues. A delay in enforcing a right is not a waiver. Notices may be given electronically where the law allows.

19. Contact

Echotrac Ltd, support@echotrac.co, +2349014938792.