Welcome! Ilekun Health Inc (“Company”, “we” or “us”) maintains various websites and mobile applications, including without limitation DentalFynd (collectively, the “Site”)
Through the Site and via offline methods, such as by telephone, email or other electronic forms of communication separate from the Site, we connect patients with healthcare providers and may assist with related activities including scheduling, billing, messaging, and healthcare provider review aggregation (the “Resources”). However, we are not healthcare providers and the Site and Resources do not include professional services related to medical care. Rather, we are a technology provider that provides a platform or space in which patients can be introduced to health care providers and obtain services from such providers.
The Site and the Resources are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site or the Resources constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference.PROVIDERS AND PROVIDER SERVICES
Providers that may be matched with you as part of the Site or the Resources (“Providers”) are not employees or agents of Company.
As part of the Site and the Resources, we may provide profile pages for Providers which will allow the Providers to include information about themselves, their background and experience, and their practice and treatment focuses. Providers are solely and exclusively responsible for the content of their respective profiles, and we expressly disclaim any and all liability for the content of the Provider profiles, including, without limitation, the accuracy or reliability of any information contained therein.
All Providers that use the Site represent that they have degrees in the areas relevant to the services that they provide. However, we are not responsible for credentialing Providers, make no representation regarding the accuracy of any Provider's credentials, and expressly disclaim any liability for fraudulent credentials or claims by Providers. We highly recommend and it is your responsibility that you separately confirm that your Provider is in good standing with his or her respective licensing board(s).
We do not endorse any Providers nor any methods or actions that may be found on the Site, in the Resources, or arranged to be performed as part of the Resources. It is your responsibility to verify the competency of the Providers.
We will make reasonable efforts to keep the Site operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Site or provision of the Resources, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Site or the Resources or any function or feature thereof. You understand and agree that we have no obligation to maintain, support, upgrade, or update the Site, or to provide all or any specific content through the Site.PAYMENTS
Providers that participate in the Site have requested that we collect their fees from you on their behalf. Providers may agree to pay us a portion of these fees for their access to the Site and the services, such as billing and scheduling, rendered to them by the Company. You agree to promptly pay all fees and charges for the services that you engage the Providers to provide to you, including consultations required before providing certain services, and you authorize us to deduct all such charges and fees from the debit/credit payment account(s) or any “linked” payment processing accounts with third parties (such as Stripe) that you designate in your user profile or in any other communication to us. You agree to provide a current, up-to-date email account to us at all times in order to access the Site or the Resources.NO SHOW FEE
In the event you do not cancel your appointment at least forty-eight (48) hours prior and you do not attend your appointment, you acknowledge that you will be charged a “no show” fee in the amount of $75.PRIVACY
The Site and the Resources may contain copyrighted material. We believe in good faith that such work is covered by the “fair use” doctrine of the US Copyright Act, the Berne Convention, and EU Copyright Directive.
You agree that your use of any copyrighted material derived from the Site or the Resources is compliant with all relevant jurisdictional provisions and fair use provisions. You further agree that we are in no way responsible or liable for your use of copyrighted work derived from the Site or the Resources.MEDICAL DISCLAIMER
We are not a “covered entity” within the meaning of the Health Insurance Portability and Accountability Act (HIPAA).
All content found on the Site or in the Resources, including but not limited to text, images, video, audio, or other formats, were created for informational purposes only.
Your use of the Site or the Resources do not create a special or privileged relationship of any kind or under any circumstances. There is no physician/patient, confidential, or any other special relationship created or maintained by your use of the Site or the Resources. If you rely on any of the information provided through the Site or by our employees, affiliates, or others who contribute to the Site or provide the Resources, you do so solely at your own risk and without any type of relationship or duty owed to you.
We are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or in connection with the Resources. If you think you may have a medical emergency, call your doctor, go to the emergency department, or call 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site or in connection with the Resources.ELECTRONIC COMMUNICATIONS
Visiting the Site or sending emails to us constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically via email and on the Site satisfy any legal requirement that such communications be in writing.MINORS
We do not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you may use the Site or the Resources only with permission and assistance of a parent or legal guardian, who shall be responsible for compliance with these Terms.ACCURACY OF CONTENT
WE DO NOT GUARANTEE THE ACCURACY OF ANY CONTENT ON THE SITE OR IN THE RESOURCES. NOR DO WE GUARANTEE THE ACCURACY FOR ANY METRIC OR ANY OTHER PIECE OF INFORMATION USED TO COMPARE HEALTH PROVIDERS AND/OR SERVICES ON THE SITE OR WITH THE RESOURCES. WE ALSO CANNOT GUARANTEE THE ACCURACY OF ANY PRICE ON THE SITE OR IN THE RESOURCES. YOU ARE ADVISED TO CONTACT HEALTH PROVIDERS DIRECTLY FOR MORE INFORMATION ABOUT THEIR PRICES. WE FURTHER DO NOT GUARANTEE THE LICENSURE OR CREDENTIALS OF ANY HEALTH CARE PROVIDERS ON THE SITE OR IN THE RESOURCES. IN SELECTING ANY HEALTH CARE PROVIDER, YOU ARE STRONGLY ADVISED TO CONDUCT YOUR OWN DUE DILIGENCE REGARDLESS OF ANY INFORMATION YOU FIND ON THE SITE OR IN THE RESOURCES.
YOU ASSUME ALL RESPONSIBILITY IN CHOOSING ANY HEALTHCARE PROVIDER, WHETHER OR NOT YOU OBTAINED INFORMATION ABOUT SUCH HEALTHCARE PROVIDER ON OR THROUGH THE SITE OR THE RESOURCES. WE HEREBY DISCLAIM ALL LIABILITY AND/OR RESPONSIBILITY OF ANY KIND, FOR ANY ADVICE, TREATMENT OR OTHER SERVICES RENDERED BY ANY HEALTHCARE PROVIDER YOU MAY SELECT, OR FOR ANY MALPRACTICE CLAIMS AND OTHER CLAIMS THAT MAY ARISE DIRECTLY OR INDIRECTLY FROM ANY SUCH ADVICE, TREATMENT OR OTHER SERVICES.LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
The Site may contain links to other websites (each, a “Linked Site”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Site contains Linked Sites only as a utility, and the inclusion of any link does not imply endorsement by us of the Linked Sites.
Certain services made available via the Site or the Resources are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain or the Resources, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers.NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site and the Resources strictly in accordance with these Terms. As a condition of your use of the Site or the Resources, you warrant to Company that you will not use the Site or the Resources for any purpose that is unlawful or prohibited by these Terms. You may not use the Site or the Resources in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or the Resources.
All content included as part of the Site or the Resources, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Company, its Providers, its third party vendors or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or in the Resources. Our content is not for resale. Your use of the Site or the Resources does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company, our licensors, Providers, third party vendors and suppliers except as expressly authorized by these Terms.YOUR ACCOUNT
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not provide login information, assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. Company and our licensors, Providers, third party vendors and suppliers reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
By registering for an account, you warrant and represent that: (1) you are over the age of 18 and legally able to enter into a contract, (2) you are a legal resident of the United States, (3) you are using the Site for informational and consumer purposes only, and (4) you will not attempt to reverse engineer, obtain back end information, or in any other way use the content of the Site for a corporate or profit making endeavor.INTERNATIONAL USERS
The Site and the Resources are controlled, operated and administered by Company from our offices within the USA. If you access the Site or the Resources from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company content accessed through the Site or the Resources in any country or in any manner prohibited by any applicable laws, restrictions or regulations.INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or the Resources, any user postings made by you, or your violation of any of these Terms, any rights of a third party, or any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.ARBITRATION
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Alameda County, California. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the Site, or the Resources, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.CLASS ACTION WAIVER
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR THE RESOURCES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND ITS PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE OR THE RESOURCES AT ANY TIME.
COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR IN THE RESOURCES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS LICENSORS, PROVIDERS, THIRD PARTY VENDORS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR THE RESOURCES, WITH THE DELAY OR INABILITY TO USE THE SITE OR THE RESOURCES, THE PROVISION OF OR FAILURE BY A PROVIDER TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR THE RESOURCES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE RESOURCES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY AND/OR ITS LICENSORS, PROVIDERS, THIRD PARTY VENDORS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE RESOURCES.TERMINATION/ACCESS RESTRICTION
We reserve the right, in our sole discretion, to terminate your access to the Site or the Resources or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.CHANGES TO TERMS
We reserve the right, in our sole discretion, to change the Terms under which the Site and the Resources are offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.JURISDICTION
These Terms are deemed to have been entered in the State of Delaware, and its interpretation, construction, and the remedies for enforcement or breach are to be applied pursuant to, and in accordance with, the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware. You hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site or the Resources. PLEASE NOTE THAT BY AGREEING TO THESE TERMS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SITE, THE RESOURCES OR THESE TERMS; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN ALAMEDA COUNTY, CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.ENTIRE AGREEMENT
We welcome your questions or comments regarding the Terms: [email protected]Last updated: August 2022