Terms & Conditions

By clicking “I Agree” (or by creating an account), you provide affirmative electronic acceptance of these Terms & Conditions. By accessing or using PharmFlex, you also agree to comply with applicable laws, regulations, and professional requirements relevant to your use of the platform.

PharmFlex is a product of MobDoc'r Health Technologies Limited (“MobDoc'r”).

MobDoc'r retains records of acceptance of these Terms, including the date and time of acceptance, user/account identity, and the version of these Terms accepted.

PharmFlex is intended for eligible pharmacy businesses and authorized users.

Pharmacies represent and warrant that they hold all licenses, permits, and registrations required under applicable Nigerian law to lawfully operate a pharmacy business, including current registration with the Pharmacists Council of Nigeria (PCN) and, where applicable, the Corporate Affairs Commission (CAC), and that such licenses remain valid and in good standing throughout their use of PharmFlex.

Pharmacies shall promptly notify MobDoc'r of any suspension, revocation, or material change to such licenses. MobDoc'r may request supporting documentation at onboarding or at any time thereafter, and may suspend or restrict access pending verification or where credentials appear invalid, expired, or unverifiable.

By registering, the pharmacy grants MobDoc'r the right to store and retain its PCN license, CAC registration, and related onboarding documentation for the purposes of regulatory compliance verification and inspection readiness, for the retention periods set out in MobDoc'r's Privacy Notice/Policy.

Pharmacies remain responsible for the operation of their businesses and for complying with applicable professional, pharmaceutical, healthcare, and regulatory requirements.

This includes maintaining accurate information entered into PharmFlex, ensuring appropriate use of the platform by authorized staff, and fulfilling any professional or regulatory responsibilities applicable to pharmacy operations.

Use of PharmFlex does not transfer the pharmacy's professional or regulatory responsibilities to MobDoc'r.

PharmFlex applies a system-level dispensing gate based on each product's regulatory schedule classification (OTC, POM, Schedule II, or Schedule III), which restricts the sale of prescription-only and controlled substances through the point-of-sale workflow.

This gate is a technical control only; it does not verify the validity of a prescription, confirm patient eligibility, or exercise any clinical or professional judgment.

The pharmacy's Superintendent Pharmacist bears ultimate professional and legal responsibility for the physical verification of prescriptions and for the dispensing of all POM, Schedule II, and Schedule III medicines processed through PharmFlex, in accordance with PCN and NAFDAC requirements.

PharmFlex does not replace, substitute, or reduce these professional obligations.

Pharmacies are responsible for the accuracy of product and inventory information entered or maintained through PharmFlex, including product details, batch information, expiry information, stock availability, and pricing information where applicable.

MobDoc'r does not guarantee the accuracy of information entered into the platform by pharmacies, their staff, or other authorized users.

Pharmacies remain responsible for reviewing and maintaining the accuracy of their records.

Pharmacies and authorized users must not use PharmFlex to:

• engage in fraudulent, unlawful, or misleading activity;
• intentionally enter or maintain false or misleading information;
• misuse the platform or attempt to interfere with its operation or security;
• gain unauthorized access to another user's, pharmacy's, or organization's information; or
• use PharmFlex in a manner that violates applicable laws or regulatory requirements.

Pharmacy account owners are responsible for managing staff access to PharmFlex, including assigning appropriate roles and permissions, protecting account credentials, and removing or restricting access when a staff member is no longer authorized to use the platform.

Activities performed through authorized staff accounts are associated with the pharmacy organization. The pharmacy is responsible for all acts and omissions of its authorized staff as if performed by the pharmacy itself.

The pharmacy shall indemnify MobDoc'r against claims arising from a staff member's misuse of the platform. MobDoc'r bears no liability for unauthorized access resulting from the pharmacy's failure to manage staff permissions or safeguard credentials, except to the extent caused by MobDoc'r's own security failure.

Pharmacies should promptly notify MobDoc'r if they become aware of unauthorized account access or suspected compromise of account credentials.

MobDoc'r processes information necessary to provide, secure, maintain, and improve PharmFlex, in accordance with the Nigeria Data Protection Act (NDPA) 2023, the Nigeria Data Protection Regulation (NDPR) 2019, and MobDoc'r's Privacy Notice/Policy.

Depending on the functionality used, PharmFlex may process the following categories of information:

• User identity and authentication data, name, email address, phone number, hashed password and POS PIN, and assigned role/permissions.
• Device and security telemetry: IP address, device information, login timestamps, and failed-login activity, used for account security and anomaly detection.
• Pharmacy business and regulatory data: business name, PCN license number, CAC registration number, business address, Superintendent Pharmacist details, and controlled-substance licensure tier.
• Onboarding verification documents: PCN license, CAC certificate of incorporation, Superintendent Pharmacist practicing license, and premises inspection reports, retained for the periods required for regulatory compliance.
• Inventory and product data: NAFDAC registration numbers, batch and expiry information, schedule classification, and pricing.
• Transaction and point-of-sale data: sale records, payment method and reference, cashier attribution, and discounts applied. MobDoc'r does not store raw payment card or bank account credentials; payment processing is handled by licensed, CBN/NDIC-regulated payment gateways.
• Governance and audit logs record administrative actions taken on the platform, retained for compliance and audit purposes.

MobDoc'r applies technical and organizational safeguards to this information, including encryption in transit and at rest, role-based access control, and multi-tenant data isolation between pharmacies.

Pharmacies retain ownership of their proprietary business records, including inventory and sales data, and may export such records at any time.

Further detail on the collection, use, and retention of personal data is set out in MobDoc'r's Privacy Notice/Policy.

MobDoc'r aims to maintain reliable access to PharmFlex; however, access may occasionally be affected by maintenance, upgrades, technical issues, third-party services, connectivity issues, security requirements, or circumstances outside MobDoc'r's reasonable control.

MobDoc'r may perform scheduled or emergency maintenance where necessary.

These Terms do not constitute a guarantee of uptime or availability. MobDoc'r is not liable for losses arising from downtime and will provide reasonable advance notice of scheduled maintenance where practicable.

MobDoc'r may suspend or restrict access to PharmFlex where reasonably necessary, including in cases involving suspected fraud, unlawful activity, security risks, misuse of the platform, serious or repeated violations of these Terms, or applicable regulatory concerns.

Where appropriate, MobDoc'r may provide notice of suspension or termination through the pharmacy's registered contact information.

Customer cancellation, subscription termination, non-renewal, payment-related suspension, plan changes, and other commercial subscription matters are governed by the applicable agreement and subscription terms between MobDoc'r and the pharmacy.

Following suspension, termination, or a change in subscription level, access to certain platform functionality or information may change.

MobDoc'r provides PharmFlex as a technology platform supporting pharmacy operations. MobDoc'r does not assume responsibility for dispensing decisions, clinical or professional judgment, pharmacy regulatory obligations, or the accuracy of information entered into the platform by pharmacies or their authorized users.

To the maximum extent permitted by applicable law, MobDoc'r shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with these Terms or use of PharmFlex, whether in contract, tort, or otherwise, even if advised of the possibility of such damages.

MobDoc'r's total aggregate liability arising out of or relating to these Terms and PharmFlex shall not exceed the total fees paid by the pharmacy to MobDoc'r in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms limits liability for fraud, willful misconduct, or gross negligence, or any liability that cannot be excluded or limited under applicable Nigerian law.

The pharmacy shall indemnify, defend, and hold harmless MobDoc'r, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to:

• the pharmacy's breach of these Terms;
• the pharmacy's or its staff's violation of applicable law or regulatory requirements;
• inaccurate, incomplete, or unlawful information entered into PharmFlex by the pharmacy or its authorized users;
• any dispute between the pharmacy and a third party, including its customers or staff, arising from the pharmacy's use of PharmFlex; or
• the dispensing of POM, Schedule II, or Schedule III medicines via PharmFlex without proper prescription verification by the pharmacy's Superintendent Pharmacist.

MobDoc'r may review and update these Terms & Conditions periodically to reflect changes to PharmFlex, its operations, applicable requirements, or other relevant circumstances.

For material changes affecting liability, fees, or data processing, MobDoc'r will provide at least fourteen (14) days' advance notice through the pharmacy's registered email address and/or an in-platform notification before the changes take effect. Re-acceptance may be required before continued use of PharmFlex.

Non-material or clarifying changes may take effect upon posting. The most current version of these Terms and the applicable 'Last updated' date will be made available through PharmFlex or MobDoc'r's designated website.

MobDoc'r grants each pharmacy a limited, non-exclusive, non-transferable, revocable license to access and use PharmFlex solely for the pharmacy's internal business operations during the term of its authorized access, subject to these Terms.

This license does not include any right to:

• copy, modify, or create derivative works of PharmFlex;
• reverse engineer, decompile, or attempt to extract source code, except to the extent such restriction is prohibited by applicable law;
• sell, resell, sublicense, rent, or lease access to PharmFlex;
• use PharmFlex to build a competing product or service; or
• remove or alter proprietary notices.

All right, title, and interest in PharmFlex, including all intellectual property rights therein, remain vested in MobDoc'r or its licensors.

Any feedback or suggestions provided by a pharmacy regarding PharmFlex may be used by MobDoc'r without restriction or compensation.

Certain PharmFlex functionality may depend on services provided by third parties. The availability or performance of those services may affect related PharmFlex functionality.

MobDoc'r is not responsible for interruptions, delays, failures, or other issues caused by third-party services that are outside MobDoc'r's reasonable control.

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any dispute, controversy, or claim arising out of or relating to these Terms, including their existence, validity, interpretation, breach, or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Mediation Act 2023.

The arbitration shall be conducted by a sole arbitrator appointed by agreement of the parties or, failing agreement within twenty-one (21) days, by the Lagos Court of Arbitration. The seat of arbitration shall be Lagos, Nigeria, and the proceedings shall be conducted in the English language. The award of the arbitrator shall be final and binding on the parties.

Nothing in this clause prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction pending the outcome of arbitration.

If any provision of these Terms is held invalid or unenforceable by an arbitral tribunal or court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

These Terms, together with the Privacy Notice/Policy, constitute the entire agreement between the pharmacy and MobDoc'r regarding the pharmacy's access to and use of the PharmFlex platform, except where the parties have entered into a separate written agreement governing specific services or commercial terms.

The pharmacy may not assign or transfer its rights or obligations under these Terms without MobDoc'r's prior written consent.

MobDoc'r may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of substantially all its assets, without the pharmacy's consent.

MobDoc'r shall not be liable for any delay or failure to perform its obligations under these Terms resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, civil unrest, government action, labor disputes, internet or telecommunications failures, or failures of third-party service providers.

Notices to the pharmacy under these Terms may be given via the pharmacy's registered account email or through an in-platform notification.

Notices to MobDoc'r under these Terms must be sent to support@mobdocr.com.

Questions regarding these Terms & Conditions or use of PharmFlex may be directed to MobDoc'r through its designated support channels.