Terms of Use
Information periodically to ensure that it remains current, complete and accurate.
You understand and acknowledge that the Company, if they so wish, may verify your registration details on the App for your use of the service.
You understand you are fully and solely responsible for (a) maintaining the confidentiality of any log-in, password, and account details provided by or given to you to access the App; and (b) all activities that occur under your password or account, even if not authorized by you. Company has no control over any End User account. You agree to notify Company immediately if you suspect any unauthorized person may be using your App, password, account or for any other breach of security. You understand and agree that under no circumstances shall Company be responsible to you for any loss that you suffer as a result of another person accessing your App account and Company accepts no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
License to Use the APP
Subject to your compliance with the Terms of Use, Company grants you a limited, non-exclusive, non-transferable and revocable license to (a) access and use the App in the location(s) and jurisdictions where the platform has a presence, (b) download, access and use the App on your personal device to benefit from the services being provided through the App and (c) access and view any content, information and materials made available on the App.
DISCLAIMER OF WARRANTIES
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, PROVIDERS, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY END USER OR PROVIDER OF THE SERVICE AND YOU HEREBY RELEASE THE COMPANY, ITS AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY, ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING OUT OR IN CONNECTION WITH YOUR USE OF THE APP AND (OR) SERVICE.
MEDICAL SERVICE AND ADVICE DISCLAIMER
AS FURTHER SPECIFIED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT PROVIDE ANY MEDICAL SERVICES NOR MEDICAL ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN AS A RESULT OF USING THE APP. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON AND (OR) ACCESSED THROUGH THE APP.
NOTWITHSTANDING THE SERVICES THAT YOU MAY OBTAIN AS A RESULT OF USING THE APP, IF YOU HAVE OR THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY. WHILE THE APP MAY LIST PROVIDERS WITHIN PROXIMITY, IT IS NOT INTENDED TO REPLACE YOUR LOCAL EMERGENCY NUMBER OR OTHER EMERGENCY PROTOCOLS IN PLACE.
NO HEALTH CARE PROVIDER/ PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES NOR IS ANY TELEHEALTH OR TELEMEDICINE SERVICE ESTABLISHED. COMPANY IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER THIRD-PARTY INFORMATION, APP, PRODUCT, OR SERVICE THAT YOU OBTAIN OR ACCESS THROUGH THE APP.
COMPANY IS NOT A PHARMACY NOR DOES IT PERFORM PHARMACEUTICAL SERVICES INCLUDING ADVICE ON PRESCRIPTION MEDICATION. YOU ACKNOWLEDGE THAT FOR ANY ADVICE OR QUESTIONS RELATED TO MEDICATION, YOU SHOULD CONTACT YOUR PHARMACIST OR HEALTHCARE PROVIDER.
THE REGISTRATION AND LISTING OF ANY PROVIDER ON THE APP SHALL NOT BE AN ENDORSEMENT OF SUCH PROVIDER BY COMPANY AND SHALL NOT IN ANY WAY MEAN THAT COMPANY HAS CARRIED OUT ANY DUE DILIGENCE OR OTHER INVESTIGATION REGARDING THE PROVIDER.
IN THE EVENT A PATIENT / DOCTOR RELATIONSHIP IS ESTABLISHED BETWEEN YOU AND A PROVIDER AS A RESULT OF USING THE APP, COMPANY SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY END USER WHERE A BREACH OCCURS OF SUCH PATIENT / DOCTOR CONFIDENTIALITY BY THE PROVIDER OR A THIRD PARTY. NEITHER SHALL COMPANY BE LIABLE WHERE ANY END USER'S PERSONAL INFORMATION IS MISAPPROPRIATED OR DISCLOSED WITHOUT PROPER AUTHORISATION BY PROVIDER OR A THIRD PARTY.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY, ITS AFFILIATES, AND ITS LICENSORS OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR CORPORATE PARTNERS LIABLE FOR, AND HEREBY RELEASE THE FOREGOING PARTIES FROM, DAMAGES OF ANY KIND, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY'S USE OF OR INABILITY TO USE THE APP OR TAKE ADVANTAGE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY END USER OR PROVIDER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY END USER OR PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR, CORPORATE PARTNERS BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE) FOR ANY DIRECT, INDIRECT, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP AND (OR) ANY SERVICE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
COMPANY DOES NOT ACCEPT AND EXPRESSLY DISCLAIMS ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY SERVICE BY YOUR USE OF THE APP.
NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IF IT IS DETERMINED THAT THE COMPANY, ITS AFFILIATES, AND ITS LICENSORS OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY IN THE THREE (3) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, LAWYERS, INDEPENDENT CONTRACTORS, SUPPLIERS, SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, JUDGMENTS, AWARDS, FEES (INCLUDING REASONABLE LAWYER' FEES) OR COSTS INCURRED IN CONNECTION WITH (i) YOUR USE OR INABILITY TO USE THE APP OR SERVICE, (ii) ANY CONTENT SUBMITTED BY YOU INCLUDING BUT NOT LIMITED TO THE EXTENT SUCH CONTENT MAY INFRINGE ON THE INTELLECTUAL RIGHTS OF A THIRD PARTY OR OTHERWISE BE ILLEGAL OR UNLAWFUL AND (iii) ANY VIOLATION OF THE TERMS OF USE. SUBJECT TO YOUR INDEMNIFICATION, COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER. YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.
WITHOUT LIMITING THE FOREGOING, WE HAVE THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT, AUTHORITY OR COURT ORDER REQUESTING OR DIRECTING US TO DISCLOSE THE IDENTITY OR OTHER INFORMATION OF ANYONE POSTING ANY MATERIALS ON OR THROUGH THE APP. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES AND LICENSEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AGENCY.
PAYMENT OBLIGATIONS
The User agrees to make payments directly to the Providers, as and when due, for any services provided by the Providers listed on the App.
Mobile App Updates, Upgrades and Modifications
By installing the App including mobile apps ("App(s)"), you consent to the installation of the App(s) and any updates or upgrades that are released through the platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Company servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and/or (iii) collect personal information as set out in Our Privacy Policy. You can uninstall the App(s) at any time.
Company reserves the right to, at any time, review, improve, modify, update, upgrade, discontinue, impose limits, or restrict access to, whether temporarily or permanently, all or any portion of the App (including any content or information available on or through the App) without any liability to Company. To the extent permitted by law, Company shall not be liable to you for any updates, upgrades, modifications to or discontinuance of all or any portion of the App.
Mode of Communication
You agree to receive notice and alerts about the App or services obtained from your use of our App by text and SMS messaging to your mobile phone. You acknowledge that you may incur costs from your mobile Provider for these messages and agree to pay any additional fees imposed by your mobile Provider for text or SMS message in connection with the service.
Intellectual Property Rights
The App, and all components thereof and content made available and/or displayed thereon (including the Marks (defined below), and all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces, information, tools, designs, interfaces and other content (including the coordination, selection, arrangement, and enhancement of, and any and all intellectual property rights in and to, the foregoing (collectively "Proprietary Material"), is owned by Company, excluding End User / Provider Generated Content and any third-party Apps made available on or via the App. Proprietary Material is protected, in all forms, media and technologies now known or hereinafter developed, by domestic and international laws, including those governing copyright, patents, and other proprietary and intellectual property rights. Any use of the Proprietary Material other than as permitted in the Agreement is expressly prohibited.
Trademarks
The Company business name, "SAFECASUALTYPLUS", the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the express prior written consent of the Company. All other names, logos, product and service names, designs and slogans on this App are the trademarks of their respective owners and may not be used without their prior written consent.
Termination
Notwithstanding anything to the contrary, you acknowledge and agree that any or all of our services or use of the App may be terminated and (or) suspended in whole or in part at our sole discretion without notice to you. You assume any and all risk of loss associated with the termination of our services.
Status of Company
The Safecasualtyplus platform is not an employment agency or business; particularly as it's made available by the Company to the End Users and Providers at no cost. Furthermore, Providers and End Users are not employees, partners, representatives, agents, joint venture partners, independent contractors or franchisees of Company. As such no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship exists, is intended or created between Company and End User (including any third party) or Company and Provider through the use of the App. End Users and Service Providers do not have authority to act as agent for, nor to bind or make any representations on behalf of Company.
Third Party Apps
If the App contains links to other Apps and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Any charges you incur in relation to those third parties are your responsibility. If you decide to access any of the third-party Apps linked to this App, you do so entirely at your own risk and subject to the terms and conditions (including their privacy policy) for such Apps.
Assignment
This Agreement is personal to you and you may not assign the Terms of Use to another individual. Any attempt to assign, transfer or delegate this agreement shall be null and void. However, Company may freely assign this Agreement in our sole discretion.
Prohibited Uses of App
You represent to Company to use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, Provider, another End User or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App (including harassment of any form), or which, as determined by us, may harm the Company, Provider or End User of the App, or expose them to liability.
Additionally, you agree not to:
- Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the App, including their ability to engage in real time activities through the App.
- Use any robot, spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the material on the App.
- Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the App.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, the server on which the App is stored, or any server, computer or database connected to the App.
- Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the App.
Personal Information and use of App
All information we collect on the App is subject to our Privacy Policy and Cookie Policy. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Dispute Resolution
In the event of any dispute arising out of or in connection with this Agreement, the Parties shall first attempt to resolve the dispute amicably through good faith negotiations by their legal counsel. If the Parties fail to reach a resolution within thirty (30) days of the notification of the dispute, either Party may resort to litigation in a court of competent jurisdiction within the territory of the Federal Republic of Nigeria.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
GENERAL PROVISIONS
Waiver
The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
Severability
If any provision of this Terms of Use shall be held or made invalid, by a court decision, statute or rule or shall be otherwise rendered invalid the remainder of this Terms of Use shall not be affected thereby.
Entire Agreement
The Terms of Service (including all the incorporated policies and agreements) constitute the entire agreement between End User and Company and govern your use of the App, superseding any prior agreements between you and Company.
Notices, Feedback and Complaints
We may communicate with you by email or by posting notices on Company App. You agree that all such electronic communications that are provided to you are deemed delivered and effective when sent to the email address you provided to us and satisfy any legal requirement that such communications be in writing.
All notices (including Disputes), feedback, comments, requests for technical support and other communications relating to the App or Service can be directed to:
Email Address: services@SafeCasualtyPlus.com
OR
in special circumstances where required by law (or requested by the Company) notices can be sent by registered mail to the under-listed address:
43/45 Igbeba Road, Bungalow A, Anifowose Estate, Ijebu-Ode, Ogun State, Nigeria
