These Terms of Service ("Terms of Service") form a legal agreement  between Origo Health (LLC, GH LTD et. Al.). and you, the individual  ("you" and "your") concerning your access to and use of the various  services offered through our Website and Platform (as defined below).  Use of our Website or Platform constitutes your acceptance of these  Terms of service and our Privacy Policy. 

Origo Health, Inc., and Origo Health, Ghana Ltd, on its own behalf and  on behalf of its affiliates and/or wholly owned subsidiaries including  but not limited to Happy Patient, Origo Telehealth, Patient Capture  Tools and others (collectively referred to as "Origo Health", "we",  "us", or "our"), Origo Health makes certain telehealth related  information available to you and/or facilitates your access to  telemedicine and expert medical services ("Origo Health Services").  Origo Health owns and operates (i) various publicly available websites,  including without limitation, www.origohealth.com, www.origohealth.net,   (collectively, "Websites") and (ii) various web-based and mobile  applications that require you to create an account in order to use a  Origo Health Service (collectively, "Platforms"). 

By using the Websites and/or the Platforms, you expressly agree to these  Terms of Service. If you do not agree to these Terms of Service, you  should immediately cease all use of and access to all of the Websites  and Platforms. Please print a copy of these Terms of Service for your  records. 

Origo Health may in its sole discretion, without prior notice to you,  revise these Terms of Service at any time. Should these Terms of Service  change materially, Origo Health will update the Effective Date noted  above and post a notice regarding the updated Terms of Service on the  Websites. The amended Terms of Service will also appear when the  Platforms are accessed by you and you will need to acknowledge your  agreement to the amended Terms of Service prior to being able to  continue to use the Platforms. If you do not agree to the terms of the  amended Terms of Service, your sole and exclusive remedy is to  discontinue your use of the Websites and Platforms and you will be  deemed to have terminated these Terms of Service. Amended Terms of  Service will be effective as of the Effective Date unless otherwise  stated. By accessing or using the Website and Platform after such  changes are posted you agree and consent to all such changes. 

2.   Access to the platforms 

You may access and use the Platforms via remote access connectivity.  Origo Health grants you a limited, non-exclusive, non-sublicensable,  revocable, non-transferable license to use the Platforms in accordance  with these Terms of Service. In order to use the Platforms, you will be  asked to register an account and create login information, including  without limitation, username and passwords. You must safeguard your  login information that you use to access the Platforms and you must not  disclose this information to anyone. You must immediately notify Origo  Health of any unauthorized use of your user account or of any other  breach of security that you become aware of involving and relating to  the Platforms by email to privacy@origohealth.com. 

3.   Origo Health's role 

Origo Health is not an insurance provider nor are we a prescription  fulfillment warehouse. Origo Health's role is limited to making certain  telehealth related information available to you and/or facilitate your  access to expert curated healthcare related information, telemedicine  and expert medical services. Origo Health is independent from healthcare  providers who will be providing such telemedicine services to you  through the Platform and is not responsible for such healthcare  providers' acts, omissions or for any content of the communications made  by them. Origo Health does not engage in the practice of medicine or  provide any other health services. 

4.   Your representations and warranties 

By registering on the Platforms, you represent and warrant the  following: (i) you are at least eighteen (18) years of age, (ii) you  have the legal ability and authority to enter into these Terms of  Service with Origo Health, (iii) the information you have provided to  Origo Health in your registration is accurate and complete, (iv) you  will comply with any and all laws applicable to your use of the Websites  and Platforms, (v) you will not interfere with a third party's use and  enjoyment of the Websites and Platforms, (vi) you will not interfere  with or disrupt Origo Health's or its vendors' security measures, (vii)  if any information you provide to Origo Health becomes inaccurate,  incomplete or otherwise false or misleading, you will immediately notify  Origo Health, (viii) you acknowledge that access to the healthcare  services provided through the Platforms are not "insured services" under  any provincial health plans, (ix) you acknowledge that any fees paid by  you or by any other persons on your behalf are not provided in exchange  for any undertaking by Origo Health or its representatives that such  healthcare services will be made available to you, and (x) you are  accessing the Websites and Platforms for yourself or a child under the  age of eighteen for whom you are the legal guardian. 

5.   Plans and Pricing 

By registering on the Platforms and selecting an individual or family  plan, you acknowledge that you will be billed each month for the amount  indicated as the monthly charge for your plan. Monthly charges will be  issued to your credit card or mobile money account between the 1st and  the 15th day of each month. When you switch plans, the new charges will  be effective the following calendar month after the plan change. 

6.   Termination 

If you violate these Terms of Service, your ability to use the Websites  and/or Platforms will be terminated. Origo Health may, in its sole  discretion, terminate your access to the Websites and/or Platforms, or  any portion thereof, for any reason whatsoever without prior notice.  These actions are in addition to any other right or remedy Origo Health  may have available at law. Further, Origo Health shall not be liable to  you or any third party for any such termination or discontinuance. You  may terminate these Terms of Service by ceasing to access and use the  Websites and Platforms. Upon any termination of these Terms of Service  you must immediately cease use of the Websites and Platforms. To the  extent permitted by applicable law, the disclaimers, limitations on  liability, termination and your warranties and indemnities shall survive  any termination of these Terms of Service. 

7.   Prohibited uses 

In using the Websites and Platforms, you agree not to: 

Send or otherwise transmit to or through the Websites and Platforms  any unlawful, infringing, harmful, harassing, defamatory, threatening,  hateful or otherwise objectionable material of any kind, any material  that can cause harm or delay to the Websites and Platforms or computers  of any kind, and any unsolicited advertising, solicitation or  promotional materials; 

   Misrepresent your identity or affiliation in any way; 

   Restrict or inhibit any person from using the Websites and  Platforms, disclose personal information obtained from the Websites and  Platforms or collect information about users of the Websites and  Platforms; 

   Reverse engineer, disassemble or decompile any section or technology  on the Websites and Platforms, or attempt to do any of the foregoing; 

   Gain unauthorized access to the Websites and Platforms, to other  users' accounts, names, personally identifiable information or other  information, or to other computers or websites connected or linked to  the Websites and Platforms; 

   Launch or use any automated system, including without limitation,  "robots," "spiders," or "offline readers," that access the Websites and  Platforms in a manner that sends more request messages to our servers in  a given period of time than a human can reasonably produce in the same  period by using a conventional web browser; 

   Send or otherwise transmit to or through the Websites and Platforms  chain letters, unsolicited messages, so-called "spamming" or "phishing"  messages, or messages marketing or advertising goods and services; 

   Post, transmit or otherwise make available any virus, worm, spyware  or any other computer code, file or program that may or is intended to  damage or hijack the operation of any hardware, software or  telecommunications equipment; 

   Violate any applicable laws or regulations in any way; 

   Alter or modify any part of the content or services offered on or through the Websites and Platforms; 

   Allow any other person to use the Platforms with your registration or login information; 

   Breach or otherwise circumvent Origo Health's security or authentication measures; and 

   Assist or permit any persons in engaging in any of the activities described above. 

8.   Intellectual property rights and content 

Origo Health is the sole and exclusive owner of the Websites and  Platforms, including any and all copyright, patent, trademark, trade  secret and other ownership and intellectual property rights, in and to  the Websites and Platforms and any related materials and documentation.  No title or ownership of the Websites and Platforms or any portion  thereof is transferred to you hereunder. Origo Health reserves all  rights not expressly granted hereunder. You agree not to change or  delete any copyright or proprietary notice related to materials  downloaded from the Websites and/or Platforms. 

You may provide input, comments or suggestions regarding the Websites  and Platforms or Origo Health Services ("Feedback"). You acknowledge and  agree that Origo Health may use any Feedback without any obligation to  you and you hereby grant Origo Health a worldwide, perpetual,  irrevocable, royalty-free, transferable license to reproduce, display,  perform, distribute, publish, modify, edit or otherwise use such  Feedback as Origo Health may deem appropriate, without restriction, for  any and all commercial and/or non-commercial purposes, in its sole  discretion. 

9.   External links 

The Websites and Platforms may contain links to third-party websites.  Linked sites are not under the control of Origo Health, and Origo Health  is not responsible for the content of any linked site.  Links are  provided as a convenience only, and a link does not imply that Origo  Health endorses, sponsors, or is affiliated with the linked site.  Your  use of third-party websites is at your own risk and subject to the Terms  of Service of use for such sites; these Terms do not apply to other  websites. Origo Health disclaims any and all liability for any  information, including but without limitation, any medical and health  treatment information set forth on linked sites. 

10.                  No endorsements 

Reference to any product, recording, event, process, publication,  service, or offering of any third party by name, trade name, trademark,  service mark, company name or otherwise does not constitute or imply the  endorsement or recommendation of such by Origo Health. Any views  expressed by third parties on the Websites and Platforms are solely the  views of such third party and Origo Health assumes no responsibility for  the accuracy or veracity of any statement made by such third party. 

11.                  Indemnification and limitation of liability 

You agree to defend, indemnify and hold Origo Health, its officers,  directors, employees, shareholders, affiliates, third-party contractors,  agents, licensors and suppliers (each a Origo Health Party and  collectively Origo Health Parties), harmless from and against any  claims, actions or demands, losses, liabilities, damages, costs,  expenses and settlements (including without limitation reasonable  attorney and accounting fees), resulting from or alleged to result from,  directly or indirectly, your (a) violation of these Terms of Service;  (b) access to or use of the Platform and Websites; and (c) provision of  other disclosure to Origo Health of any other information or data and  the use of same by Origo Health or other Origo Health Party as  contemplated hereunder. 

IN NO EVENT SHALL ORIGO HEALTH BE LIABLE FOR ANY DIRECT, INDIRECT,  SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR  ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS,  LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF  CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE,  ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES OR PLATFORMS OR  THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS,  OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Origo Health shall not be liable for any failure to perform its  obligations hereunder where the failure results from any cause beyond  Origo Health's reasonable control, including, without limitation,  mechanical, electronic, or communications failure or degradation. 

The terms of these Terms of Service that limit liability reflect an  informed voluntary allocation of risk; such allocation represents a  material part of these Terms of Service. You agree that the limitations  of liabilities set out in these Terms of Service are fair and reasonable  in the circumstances. 

12.                  Disclaimer 

The Websites and Platforms are provided on an "as is" and "as available"  basis and without warranties of any kind, either express or implied. To  the fullest extent permissible pursuant to applicable law, Origo Health  disclaims all representations, warranties, and conditions, express or  implied, including, but not limited to, implied condition or warranties  of merchantability and fitness for a particular purpose. Origo Health  does not warrant that the Websites and Platforms will be uninterrupted  or error-free, that defects will be corrected or that the Websites and  Platforms or the server that makes it available are free of viruses or  other harmful components. 

Origo Health makes no guarantees and disclaims any implied warranty or  representation about its accuracy, relevance, timeliness, completeness,  or appropriateness of any content posted on the Website and Platforms  for a particular purpose.  Origo Health assumes no liability arising  from or relating to the delay, failure, interruption, or corruption of  any data or other information transmitted in connection with use of the  Websites and/or Platforms. 

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 

13.                  Children 

The Websites and Platforms are not intended for children under the age  of 13. If you are under 13 years of age, please do not use or access the  Websites or Platforms at any time or in any manner. By using the  Websites or Platforms, you affirm that you are over the age of 13. Origo  Health does not seek through the Websites or Platforms to gather  personal information from or about persons under the age of 13 without  the consent of a parent or guardian. 

14.                  Choice of law and jurisdiction 

These Terms of Service are governed by the laws of Delaware, Ghana and  the United Kingdom. The parties irrevocably submit to the exclusive  jurisdiction of the courts of the State of Delaware, Ghana and the  United Kingdom in respect of all matters and disputes arising hereunder  and waive any defense of lack of personal jurisdiction in that  jurisdiction. These Terms of Service are not governed by the United  Nations Convention on Contracts for the International Sale of Goods, the  application of which is hereby expressly excluded. If any provision of  these Terms of Service is found to be invalid by any court having  competent jurisdiction, the invalidity of such provision shall not  affect the validity of the remaining provisions of these Terms of  Service, which shall remain in full force and effect. 

15.                  Personal information and privacy policy 

In these Terms of Service, "personal information" means any information  about an identifiable individual, such as your name, email address,  mailing address, gender, date of birth, any personal or protected health  information, or, any data about you that you elect to provide  electronically through the Websites and Platforms and any other  information that identifies who you are. Personal Information will be  used by Origo Health solely in accordance with these Terms of Service,  and Origo Health's Privacy Policy (or as otherwise agreed upon between  you and Origo Health in writing). 

You agree that Origo Health has the right to monitor and review your use  of the Websites and Platforms from time to time, and to use "cookies",  "log files" and your "browsing data" in accordance with the Cookie  Policy. 

16.                  Waiver 

No delay or omission by Origo Health to exercise any right or power it  has under these Terms of Service or to object to the failure of any  covenant of you to be performed in a timely and complete manner, shall  impair any such right or power or be construed as a waiver of any  succeeding breach or any other covenant. Any waivers by Origo Health  must be in writing and signed by an authorized representative of Origo  Health. 

17.                  Entire agreement 

These Terms of Service constitute the entire agreement between you and  Origo Health as it relates to the access to, and use of, the Platform  and Websites and the subject matter of these Terms of Service and  supersede all prior or contemporaneous agreements, negotiations,  representations and proposals, written or oral between Origo Health and  you. 

18.                  Electronic documents 

This electronic document, and all other electronic documents referred to  or incorporated herein, will be: (a) deemed for all purposes to be a  "writing" or "in writing", and to comply with all statutory,  contractual, and other legal requirements for a writing; and (b) legally  enforceable as a signed agreement. A printed version of these Terms of  Service and any notice given in electronic form shall be admissible in  judicial proceedings or administrative proceedings based upon or  relating to these Terms of Service to the same extent and subject to the  same conditions as other business documents and records originally  generated and maintained in printed form. 

19.                  Assignment 

These Terms of Service are personal to you, and are not assignable,  transferable, or sublicensable by you except with Origo Health's prior  written consent. Origo Health may assign, transfer, or delegate any of  its rights and obligations hereunder without your consent. 

20.                  Language 

English shall be the language of these Terms and the parties waive any  right to use and rely upon any other language or translations. 

21.                  Contact / Notices 

If you have any questions about the Terms of Service, or need to provide  notice to, or communicate with, Origo Health under the Terms of  Service, please contact Origo Health using the following contact  details: 

Origo Health, Inc.
Chief Privacy Officer
2059 Camden Avenue, Suite 350
San Jose, CA 95124

 

Origo Health may provide notices or communications to you on the  Websites and/or Platforms and you agree that such notices shall  constitute notice to you whether or not you actually access the notice.