Terms and Conditions
CONDITIONS OF US
Welcome to Medispectrum! Medispectrum, and/or its affiliates (“Medispectrum”) provide website features and other products and services to you when you visit or shop at Medispectrum.com, use Medispectrum products or services, use Medispectrum applications for mobile, or use software provided by Medispectrum in connection with any of the foregoing (collectively, “Medispectrum Services”).
By using the Medispectrum Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions:
Please Read These Conditions Carefully
We offer a wide range of Medispectrum Services, and sometimes additional terms may apply. When you use a Medispectrum Service (for example, Your Profile, Gift Cards, Medispectrum Video, Your Media Library, Medispectrum devices, or Medispectrum applications) you also will be subject to the guidelines, terms and agreements applicable to that Medispectrum Service (“Service Terms”).
If these Conditions of Use are inconsistent with the Service Terms where applicable, those Service Terms will apply.
PRIVACY POLICY
Please review our Privacy Notice, which also governs your use of Medispectrum Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use Medispectrum Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically.
You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Medispectrum Services, such as our Message Center, and you can retain copies of these communications for your records.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Medispectrum Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Medispectrum or its content suppliers and protected by the Nigerian and international copyright laws.
The compilation of all content included in or made available through any Medispectrum Service is the exclusive property of Medispectrum and protected by The NIGERIAN and international copyright laws.
TRADEMARKS
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Medispectrum Service are trademarks or trade dress of Medispectrum in NIGERIA and other countries.
Medispectrum’s trademarks and trade dress may not be used in connection with any product or service that is not Medispectrum’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Medispectrum.
All other trademarks not owned by Medispectrum that appear in any Medispectrum Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Medispectrum.
PATENTS
One or more patents owned by Medispectrum apply to the Medispectrum Services and to the features and services accessible via the Medispectrum Services. Portions of the Medispectrum Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Medispectrum or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Medispectrum Services.
This license does not include any resale or commercial use of any Medispectrum Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Medispectrum Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Medispectrum or its licensors, suppliers, publishers, rightsholders, or other content providers.
No Medispectrum Service, nor any part of any Medispectrum Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Medispectrum. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Medispectrum without express written consent.
You may not use any meta tags or any other “hidden text” utilizing Medispectrum’s name or trademarks without the express written consent of Medispectrum. You may not misuse the Medispectrum Services. You may use the Medispectrum Services only as permitted by law. The licenses granted by Medispectrum terminate if you do not comply with these Conditions of Use or any Service Terms where applicable.
YOUR ACCOUNT
You may need your own Medispectrum account to use certain Medispectrum Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments Methods Under Profile Account to manage your payment options.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
Medispectrum does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Medispectrum Services only with involvement of a parent or guardian.
Parents and guardians may create profiles for teenagers in their Medispectrum Channel/page. Medispectrum reserves the right to refuse service, terminate accounts, terminate your rights to use Medispectrum Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, & OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Medispectrum reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Medispectrum a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Medispectrum and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Medispectrum for all claims resulting from content you supply.
Medispectrum has the right but not the obligation to monitor and edit or remove any activity or content. Medispectrum takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Medispectrum respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please email us on info@optispectrum.com
RISK OF LOSS
All purchases of physical items from Optispectrum are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Medispectrum does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Medispectrum does not take title to the refunded item. For more information about our returns and refunds, please see our Return and Refund Policy.
PRICING
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Medispectrum and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Medispectrum.
With respect to items sold by Medispectrum, we cannot confirm the price of an item until you order or request a quote. Despite our best efforts, a small number of the items in our catalog may be mispriced.
If the correct price of an item sold by Medispectrum is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.1
PRODUCT DESCRIPTIONS
- Medispectrum attempts to be as accurate as possible. However, Medispectrum does not warrant that product descriptions or other content of any Medispectrum Service is accurate, complete, reliable, current, or error-free.
If a product offered by Medispectrum itself is not as described, your sole remedy is to return it in unused condition.
APP PERMISSIONS
When you use apps created by Medispectrum, such as the MEDI App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Medispectrum Service if you are the subject of NIGERIAN sanctions or of sanctions consistent with NIGERIAN law imposed by the governments of the country where you are using Medispectrum Services. You must comply with all NIGERIAN or other export and re-export restrictions that may apply to goods, software (including Medispectrum Software), technology, and services.
OTHER BUSINESSES
Parties other than Medispectrum operate stores, provide services or software, or sell product lines through the Medispectrum Services. In addition, we provide links to the sites of affiliated companies and certain other businesses.
If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Medispectrum. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites).
Medispectrum does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Medispectrum services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Medispectrum services are provided by Medispectrum on an “as is” and “as available” basis, unless otherwise specified in writing.
Medispectrum and its Affiliates make no representations or warranties of any kind, express or implied, as to the operation of the Medispectrum services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Medispectrum services, unless otherwise specified in writing. You expressly agree that your use of the Medispectrum services is at your sole risk.
To the full extent permissible by law, Medispectrum disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Medispectrum does not warrant that the Medispectrum services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Medispectrum services, Medispectrum’s servers or electronic communications sent from Medispectrum are free of viruses or other harmful components.
To the full extent permissible by law, Medispectrum will not be liable for any damages of any kind arising from the use of any Medispectrum service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any Medispectrum service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
DISPUTES
Any dispute or claim relating in any way to your use of any Medispectrum Service will be adjudicated in the Federal High Court, Federal Republic of Nigeria, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
APPLICABLE LAW
By using any Medispectrum Service, you agree that applicable Federal law of the Federal Republic of Nigeria without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Medispectrum.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Medispectrum Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ADDITIONAL MEDISPECTRUM CONDITIONS OF USE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Medispectrum Services (the “Medispectrum Software”).
Use of the Medispectrum Software
You may use Medispectrum Software solely for purposes of enabling you to use the Medispectrum Services as provided by Medispectrum, and as permitted by these Conditions of Use and any Service Terms.
You may not incorporate any portion of the Medispectrum Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Medispectrum Software in whole or in part.
All software used in any Medispectrum Service is the property of Medispectrum or its software suppliers and is protected by Nigerian and international copyright laws.
Use of Third-Party Services
When you use the Medispectrum Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering
You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Medispectrum Software, whether in whole or in part.
Updates
We may offer automatic or manual updates to the Medispectrum Software at any time and without notice to you.
Government End Users
If you are a US, UK and Nigerian Government end user, we are licensing the Medispectrum Software to you as a “Commercial Item” as that term is defined in the NIGERIAN Code of Commercial Regulations, and the rights we grant you to the Medispectrum Software are the same as the rights we grant to all others under these Conditions of Use.
In the event of any conflict between these Conditions of Use and any other Medispectrum or third-party terms applicable to any portion of Medispectrum Software, such as open-source license terms, such other terms will control as to that portion of the Medispectrum Software and to the extent of the conflict.
Conflicts
In the event of any conflict between these Conditions of Use and any other Medispectrum or third-party terms applicable to any portion of Medispectrum Software, such as open-source license terms, such other terms will control as to that portion of the Medispectrum Software and to the extent of the conflict.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Medispectrum accepts service of subpoenas or other legal process only through Medispectrum’s national registered agent and Legal agents. Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request.
That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Medispectrum devices; and IP address and complete time stamps.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
OUR ADDRESS
Our Addresses and helplines Worldwide can be found here:
