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Doctor’s Terms of Service

TERMS OF USE FOR DOCTORS   

ARTICLE 1: Introduction

The terms (hereinafter collectively referred to as, the “Terms of Use for Doctors“) set out herein shall be a legally binding Agreement between Aspramed Nigeria Limited, a company incorporated under the Laws of the Federal Republic of Nigeria, having its registered office at Eti-Osa way, Dolphin Estate, Lagos State, Nigeria (hereinafter interchangeably referred to as, “We” or “Us” or “Our” or the “Company” or “Aspramed“), and you (hereinafter referred to as, “You” or “Your“) with regards to your access and use of this website and any other media forms, media channel, mobile website or mobile application related, ‘links, or otherwise connected thereto (collectively, referred to as the “Platform”, “Site” or “App”). By using this Site, you agree that you have read, understood, and agreed to be bound by all these Terms of Use. 

These terms of use contain the condition to use this platform as a Practitioner and to receive Booking Requests from End-Users (patients) on this Platform. You are expected to read these terms carefully, as they will constitute a legal and binding agreement between You and the Company upon accepting these terms as set forth herein. You are expected to read and understand the Terms of Use before you view, download, install or Register with or use this Platform. If you do not agree to the terms of Use, then DO NOT access, view, download or install this App/Platform, or use the App/Platform or the services offered through this Platform, and if you are accessing, installing, using, or viewing this Platform, then you shall delete the account and desist from such accessing, using, installing or viewing of the Platform.

By accessing, viewing, downloading, installing, and/or using this Platform or the services offered through this Platform, you voluntarily and unconditionally accept to and agree to be bound by this Terms of Use.

IF YOU DO NOT AGREE WITH ALL THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

ARTICLE 2: Listing Policies 

2.1          In order to be eligible to offer and provide Your Services to the End-Users (Patients) as a Medical Practitioner, You will be required to create a Medical Practitioner’s account (“Account“) through this Platform by filling out an on-line registration form (where You will provide Your personal and professional information as well as Your contact information and pricing). You will be required to upload the proof of your medical certification, licenses, certificates, evidence of membership of the relevant professional associations etc., or any additional documents as may be requested by this Platform under Your own profile. Any such information, certification, licenses, membership etc., provided by You to Us for the purpose of creating an Account will be kept in our Company’s data base, and We will use reasonable measures to protect the safety of such database.

2.2          You acknowledge that We have the right to reject a Practitioner’s application to create an Account at our sole and absolute discretion. However, please be informed that the Company may, but is not obligated to, perform verification of any submitted certification or documents. In addition, the Company shall have the right to review Your personal profile and amend typing or spelling errors, or may otherwise remove or refuse to post any content uploaded by You on the Platform, including any content within Your personal profile, at its sole discretion, including without limitation to content that is, in the judgment of the Company considered inappropriate or that is in violation of the provisions of these Terms, whether during the process of creating an Account or at a later stage. 

Once Your Account is created, You will be considered a registered Medical Practitioner and Your name will be added to Platform’s Practitioners list according to Your professional expertise and background. For removal of doubt, any advice and/or consulting service provided by You as part of Your Services shall in no event be implied or deemed as being an advice and/or consulting service that is provided by or on behalf of the Company.

2.3          For the avoidance of doubt, the Company shall not offer to each End-User all Practitioners for each query; only Practitioners which are relevant and adequate to a specific request, at Company’s sole discretion (considering field of expertise, location, and various other considerations) shall be presented to an End-User in each case. Company shall not be liable to You in the event Your Services are not offered to an End-User, for any reason whatsoever.

2.4          You acknowledge and agree that creating an Account and uploading any content and information under Your profile shall be at Your own risk only. You must evaluate and bear all risks associated with the use of the Platform, in  offering provision of Your Services to the End-Users.

2.5          Company reserves the right to (i) suspend, at any time, temporarily or permanently Your Account at its sole and absolute discretion; and/or to (ii)  modify and/or alter any feature or functions currently available or that may be available in the future on this platform at its sole discretion, without notice to You.  You hereby waive and release the Company from any claims or demand in relation to any of the actions in sections (i) and (ii).

ARTICLE 3: Booking Requests and Provision of Service to the End-Users 

3.1        Following the opening of an Account, You will receive booking requests from End-Users with respect to receiving Your Services (“Booking Requests“). For the avoidance of doubt, an End-User may send multiple Booking Requests in parallel to several Practitioners. You will be notified of any new Booking Requests by the Company’s delivery of messages (push notifications) to Your e-mail address, or SMS messages to Your cell phone, and/or such other means of notification(s) as you shall indicate to the Company that you wish to use, out of the means of notification(s) offered by the Company from time to time. 

3.2        Upon your accepting a Booking Request, You commit to respond to the End-User  by submitting such Booking Request promptly and without undue delays. You shall have the right to accept a Booking Request or decline it within a certain period of time, as shall be indicated in the Notification. The first (earliest) response by any eligible Practitioner to a certain Booking Request may automatically cancel all subsequent responses of other Practitioners, so that the Practitioner whose response was the earliest (out of the Practitioners requested by the End-User only, and assuming that the first Practitioner responded within the allocated time) shall receive the appointment.

3.3        Please carefully read the comments, posts, requests and queries from End-Users and try to answer them promptly, clearly and in a friendly manner. Do not use abusive or profane language. Only accept a Booking Request if you are able to respond to it straight away. Make every effort to notify immediately if you do not intend to respond to a Booking Request.

3.4        Every Practitioner should honor all Booking Requests accepted by him or her via the Platform. It is mandatory that the End-User shall meet the same Practitioner (physically or virtually) with whom the Booking Request has been confirmed, and under the same terms (time, place, price, etc.) as confirmed. Either party to an appointment (i.e. the Practitioner and the End User) should communicate about any expected delay or cancellation at least three hours prior to the scheduled time of appointment, to the extent possible.

3.5        It is hereby clarified that (i) End-Users may submit reviews of You or other Practitioners (the “Reviews“) to the Company; (ii) Company and/or End-User  shall own the contents of such Reviews; (iii) Company, at its discretion, may publish such Reviews or parts thereof on the Platform, to be accessed by other End-Users; (iv) Company shall not be responsible for the contents of Reviews and shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all content from Reviews, except as required by applicable law; and (v) by using the Platform, you may be exposed to content of Reviews that you may find offensive or objectionable; Company shall not be liable for the effect that negative Reviews may have on Your goodwill, reputation, or business.

3.6       Aspramed may enable You to receive Booking Requests from End Users for appointments taking place remotely by video conference or other means of telecommunication, only in certain specific jurisdictions allowing the remote diagnosis and treatment of patients by means of telecommunications technology (“Telemedicine”). You acknowledge that you may not use any means of hiding, concealing or obscuring your geographic location or IP address (such as a VPN) in order to provide such Telemedicine services where prohibited or limited under applicable law, and you alone shall be fully responsible for any claim, damage or liability incurred by Aspramed or by an End User as a result of such violation on Your part.

3.7       You shall not prescribe through the Platform any medicine listed as prohibited in Nigeria, against medical guide lines or against your local applicable Telemedicine guidelines (e.g., psychiatric medicines etc). You shall not issue prescriptions for controlled substances or other substances which may be harmful because of their potential for abuse (for example, medications for insomnia, depression, and/or anxiety).

3.8       It is your responsibility to determine or decide if a prescription can be provided on a “cross border” basis to a Telemedicine End User, according to the location from which the End User is consulting You. For this purpose, you must make sure you are aware of the End User’s actual location, either by consulting via the platform or by directly asking the End User. 

ARTICLE 4:  Representations and Warranties by You (as a medical Practitioner)

4.1        As a condition for Your registration with the Platform, use of this Platform, and creating an Account, you hereby acknowledge, represent and warrant that: 

4.1.1     You are fully qualified under all applicable laws of the relevant jurisdiction(s) in which you provide Your Service, with no reservations or restrictions other than as applicable generally to all medical practitioners in such territory, to practice medicine and to provide services of the type offered by You to End-Users under this Platform, and You will advise Us immediately and in writing of any change, restriction, limit or prohibition affecting your license or qualification to practice medicine or to provide such services;

4.1.2     You hereby agree to obtain and continue to maintain throughout the term of your Services, at Your own costs and expense, adequate professional liability insurance as required under applicable law and regulations applying to provision of Your Services, with coverage which is reasonably sufficient (at Your discretion, and in the view of a reasonable medical professional) to cover Your risks and liabilities under these Terms;

4.1.3     The acceptance of these Terms, receipt of the Booking Requests, and the provision of Your Services to the End-Users does not and will not violate any other agreement to which You are bound, or any law, rule, regulation, including rules of professional and ethical conduct, order or judgment to which You are subject;

4.1.4      Your usage of this Platform and maintaining an Account has not been previously suspended, nor has Your access to this Platform been previously blocked by Us; 

4.1.5      You are solely and exclusively liable for Your conduct via this Platform, and for any content which would be posted, transmitted and/or transferred by You or on Your behalf, including without limitation, any content that is transmitted by You to any of the Users. You acknowledge and agree that neither the Company, nor any of its affiliates, will be deemed as provider or recipient of any of Your Services which you provide to any of the End-Users.

4.2          In addition, You hereby acknowledge that time is of the essence in the communication with the End-Users who may contact you seeking advice and/or consulting service from you as a Practitioner. Company may, but is not obligated to, regularly perform random quality checks on response time in Your communication with End-Users. For the avoidance of doubt, Company does not review the content of any communication between You (as a medical Practitioner) and an End-User with whom you communicate through the Platform and/or to whom You provide Your Services or contemplate to do that, with the exception of reviews and monitoring of content of such communication for technical support.

4.3        You hereby represent and warrant to the Company and the End-Users that:

4.3.1      All materials, certification, information and other data (including but not limited to personal information and professional certification) provided to the Company and the End-Users during the Account application process or thereafter is true, valid, correct, accurate and not misleading (it being understood that the Company shall not be under an obligation to request or independently obtain such certification or verify its accuracy); and

4.3.2      You will perform Your Services with professionalism and care in accordance with the highest standards applicable to Your Services and/or field of practice, or in general. You shall at all times ensure that offering and provision of Your Services to the End-Users are in compliance with any laws and regulations, including rules of professional and ethical conduct, applicable to Your profession and area of practice in Your own jurisdiction. You agree that it is Your responsibility to review laws and regulations applicable to Your profession in Your jurisdiction in order to determine whether or not the receipt of Booking Requests (as defined below) and provision of You(r) Services to the End-Users do not violate any applicable law and regulation and rules of ethics and professional responsibility.

4.4       You understand and acknowledge that Company (Aspramed) is not a provider of medical services or medical advice, and You alone shall be responsible for the contents of any medical services or medical advice provided as part of Your Service, even if provided through the Platform. You must resolve any dispute between you and any End User of the Platform directly with the End User. You will be solely responsible for your usage of the Platform to provide services, as well as for any monitoring or follow-up of the medical treatment, prescriptions, etc., which You deem to be necessary in your discretion as a medical service provider.

4.5       You understand and acknowledge that the Company may refer you to End Users which access the Platform through, or whose details are received from, insurance companies and other similar entities which are active in the field of medical insurance (each “Medical Insurer”). For the avoidance of doubt, Company may collaborate, or cease to collaborate, with such Medical Insurers at its sole discretion and without any liability towards you; Company may also decide, at its sole discretion (or as instructed by a Medical Insurer), whether End Users arriving through a specific Medical Insurer will be referred to You (or any other specific provider of medical services) or not.

4.6       You understand and acknowledge that certain medical services, including surgery and such other medical services as may be reasonably added by Us from time to time in the future, are excluded from the scope of these Terms and shall not be provided through the Platform (the “Excluded Services”). You hereby undertake that you shall not offer Excluded Services to End Users through the Platform, but only through a Medical Insurer with which you have a separate agreement; and the terms of the Excluded Services, including any responsibility or liability for their results and outcomes, shall be governed by the agreement(s) between You and the Medical Insurer, and Company shall not have any liability for such matters.

ARTICLE 5: Use Restrictions

While using this Platform, there are certain types of behaviors which are strictly prohibited, as appear in the list below. Please read this list carefully. Your failure to comply with the provisions set forth herein may result in the suspension or blocking of Your Account (as defined below) and using of this Platform and may also expose You to civil and/or criminal liability.

5.2          You may not, whether by Yourself or anyone on Your behalf:

5.2.1      copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of this Platform.

5.2.2      create a browser, frame, border environment or GUI around this Platform; 

5.2.3      interfere with or disrupt the operation of this Platform, or the servers or networks that host this Platform, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; 

5.2.4      interfere with or violate other Users’ rights to privacy (including, without limitation, other Practitioners listed on this Platform, or End-Users to whom You have provided Your Services), or harvest or collect data and information about other Users without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device or process to access this Platform and/or retrieve index and/or data-mine information;

5.2.5      Impersonate any person or entity or provide false or misleading personal information, including without limitation, providing false or misleading information regarding your professional expertise and credentials. You may not provide information which may cause the Users to believe that You are able to provide services, advice or consulting outside of Your fields of expertise;

5.2.6      offer to provide services, advice or consulting that is not in Your fields of expertise, or which You are not qualified or licensed to provide or render under any applicable law and regulation;

5.2.7      transmit or otherwise make available through or in connection with this Platform any virus, “worm”, “Trojan Horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, application or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

5.2.8      use the Platform for any illegal, unlawful, inappropriate or unauthorized purposes, or conduct any act, or omit to conduct an act, in a way that is in violation with applicable local, national or international laws and regulations, including without limitation rules of ethics applicable to You;

5.2.9      use the Platform to defame, abuse, harass, stalk, ridicule, mock, threaten, or otherwise harm and violate the legal rights of the End-Users, other Practitioners and/or any other persons by posting any inappropriate content or otherwise;

5.2.10     use the Platform for any commercial or non-personal purposes, including any usage which generates any revenues, whether directly or indirectly (other than under Your Account), without our prior written consent;

5.2.11     contact, communicate with, or exchange information with any End-User (other than through the Website) prior to such End-User’s first visit to You; or

5.2.12     offer any medical service, advice or consulting, which may be rendered or practiced only by a licensed professional, unless You are a licensed professional andyou are in good standing in the relevant field of expertise, and unless You continue to comply with any laws and regulations, including rules of professional and ethical conduct applicable to You.

ARTICLE 6: Confidentiality: Personal Data

6.1          You will not reproduce or otherwise distribute End-Users’ content. You agree to treat all End-Users’ content and information in confidence; any use of End Users’ information or mention or discussion of End-Users’ content outside of direct communication with the End-User within the Platform, is strictly prohibited.

6.2          For example, You may not communicate the content of any Booking Request with any third person, including but not limited to translators, customers, family members, friends, and colleagues.

6.3          The Company may integrate commercials and advertisements in the Platform. All the information contained in such commercials and advertisements belong solely to Us or our advertisers and We make no warranties or representations as to such advertisements, whether or not We have control over such advertisements.

6.4         While using the Platform and providing your Services, you will be exposed to personal data relating to End Users, which may include medical information provided directly by the End User, by the Company, or by a Medical Insurer. You are not responsible for the accuracy or completeness of such personal data, but You are responsible for keeping and handling it in accordance with all applicable data protection laws and regulations, as well as with our Privacy Policy, an up-to-date copy of which may be found at any time on this Website (and which constitutes an integral part of these Terms).

ARTICLE 7: Intellectual Property

7.1          The Platform, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, “Intellectual Property“), are fully owned by or licensed to Aspramed and are subject to copyright and other applicable intellectual property rights under applicable laws, foreign laws and international conventions. Notwithstanding the above, certain content and features made available or displayed through the Website and/or Platform, including without limitation to, graphics, photos, sounds, music, videos, interactive features, software, scripts, interface, trademarks, service marks and logos may be owned by third parties.

7.2          Our Company’s logo and other commercial identifiers We use in connection with this Platform are all trademarks and/or trade names belonging to Us or our third-party licensors, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names.

7.3          We hereby grants You a non-exclusive revocable right to use the Website and the Platform, for the purpose of using Your Account, subject to the limitations and restrictions provided for herein. Except as provided herein, You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property not as explicitly permitted to You under these Terms.

7.4          Subject to the limitations and restrictions provided herein, You hereby grant the Company an irrevocable, perpetual, worldwide, transferable, royalty free right and license to use and commercialize without restriction any information placed by You within the Platform and/or provided by You through the Platform and any and/all intellectual property rights therein or thereunder.

7.5          In addition, You will not plagiarize any third party’s material. You hereby agree that any content that You upload to the Website, and/or any information you provide to the Platform or Users does not and will not violate third-party rights of any kind. You hereby undertake to indemnify the Company for any claims brought by third parties related to any intellectual rights infringement.

ARTICLE 8: Term and Termination

8.1          These Terms shall be in effect as of the date on which You accept and agree to these Terms, and continues until it is terminated in accordance with the following provisions:

8.1.1      if terminated by You – by sending a fourteen (14) day prior written notice, signed by You (to be delivered), provided, however, that all Your obligations under these Terms relating to any activity prior to the termination date shall remain in full force and effect; or

8.1.2      if terminated by us, with immediate effect, for any reason and for no reason and at any time. We may terminate these Terms with You immediately upon any of the following events: (i) breach by You of any term of these Terms; (ii) careless behavior that causes disruption to the Platform; (iii) Your failure to communicate in a professional and courteous manner with End-Users, other Practitioners, or this Company’s staff; and (iv) negligence, fraud, or willful misconduct. (v) For no reason.

8.2          Upon termination of these Terms, Your Account will be suspended or terminated and all Booking Requests submitted to You and not filled by such time, may be transferred to other Practitioners, at the sole discretion of this Company.

ARTICLE 9: Modifications and interruptions

We reserve the right to change, modify, or remove the contents of this Site at any time or for any reason at our sole discretion without notice to you. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee this Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify this Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use this Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

ARTICLE 10: Updates to our website/app

Aspramed may from time to time provide enhancements or improvements to the features/ functionality of the website/app, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the website/app. You agree that Aspramed has no obligation to

  1. provide any Updates, or
  2. continue to provide or enable any particular features and/or functionalities of the website/app to you.

You further agree that all Updates will be

  1. deemed to constitute an integral part of the website/app, and
  2. subject to the terms and conditions of this Agreement.

ARTICLE 11: Updates to our terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we may not notify you before we make changes to these Terms or give you an opportunity to review them before they go into effect. It is your duty to check our terms from time to time to keep yourself updated. If you continue to use our Service after we have reviewed our terms, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

ARTICLE 12: Governing law

These Terms of use shall be governed by and defined following the laws of the Federal Republic of Nigeria. You irrevocably consent with Aspramed Nigeria Limited that the courts of Nigeria shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms of use.

ARTICLE 13: Dispute resolution

  1. Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (60) days before initiating mediation. Such informal negotiations commence upon written notice from one Party to the other Party.

  1. Mediation

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by mediation. The seat of mediation shall be at the Oyo State Multi-door Courthouse or any other mediation seat suitable within Ibadan, Oyo State, Nigeria. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Nigeria.

  1. Restrictions

The Parties agree that any mediation shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,

  1. no mediation shall be joined with any other proceeding;
  2. there is no right or authority for any Dispute to be brought on a class-action basis or to utilize class action procedures; and
  3. there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
  1. Exceptions to Informal Negotiations and Mediation

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and meiation: (i) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (ii)

  1. any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
  2. any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
  3. any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then such Dispute shall be decided by a court of competent jurisdiction within Ibadan, Oyo State, Nigeria and the Parties agree to submit to the personal jurisdiction of that court.

ARTICLE 14: Corrections

There may be information on this Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on this Site at any time, without prior notice.

ARTICLE 15: Disclaimer and Warranties

YOUR ACCESS TO THIS WEBSITE AND/OR PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, THE COMPANY RESERVES THE RIGHT TO TEMPORARILY OR PERMENANTLY TERMINATE OR CEASE THE OPERATION OF THIS WEBSITE AND/OR PLATFORM, AT ITS SOLE DISCRETION AND WITHOUT NOTICE TO YOU, AS SET FORTH HEREIN, AND YOU HEREBY RELEASE THE COMPANY FROM ANY CLAIM OR DEMAND IN CONNECTION THERETO.

15.2       WE DO NOT WARRANT THAT THE USE OF THE WEBSITE AND/OR PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE WEBSITE AND/OR PLATFORM IN WHOLE OR IN PART, AT ANY TIME.

15.3       WE MAKE NO REPRESENTATION REGARDING THE AVAILABILITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY AND/OR SUITABILITY OF THE WEBSITE AND/OR PLATFORM AND/OR ANY OF THE INFORMATION PROVIDED BY USERS, DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE WEBSITE AND/OR PLATFORM, AND WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT, INCLUDING ANY CONTENT CONTAINED ON THE WEBSITE AND/OR THE PLATFORM, AND INFORMATION RECEIVED THROUGH THEM.

15.4       WE DO NOT WARRANT NOR GUARANTEE ANY CONTENT AND INFORMATION PROVIDED THROUGH THE WEBSITE AND/OR PLATFORM, AND/OR ANY OF THE INFORMATION PROVIDED BY USERS, AND ASSUME NO LIABILITY WITH RESPECT TO SUCH CONTENT AND INFORMATION. YOU SHOULD NOT RELY ON THE ACCURACY OF SUCH CONTENT AND INFORMATION. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR UPDATING OR CORRECTING ANY SUCH CONTENT AND/OR INFORMATION ONCE IT HAS BEEN GIVEN. FURTHER, THE COMPANY MAKES NO CLAIM THAT THE CONTENT OF THE WEBSITE AND/OR THE PLATFORM AND THE USE THEREOF IS OR MAY BE IN THE FUTURE, APPROPRIATE OR PERMITTED UNDER LAWS APPLICABLE TO YOU. YOU MUST ENSURE THAT USING THE PLATFORM FOR OFFERING YOUR SERVICES IS AT ALL TIMES IN COMPLIANCE WITH THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE AND/OR FROM WHICH YOU PRACTICE YOUR PROFESSION

ARTICLE 16: Limitation of Liability

16.1.1    THE USE OF THIS WEBSITE AND/OR THE PLATFORM IS SOLELY AT YOUR OWN RISK. WE SHALL NOT ASSUME LIABILITY FOR DAMAGES RESULTING FROM OR ARISING OUT OF THE SERVICES AND/OR ADVICE PROVIDED BY YOU TO USERS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES, LOSS OR COSTS SUFFERED BY THE COMPANY AND/OR A USER TO WHOM YOU OFFERED/PROVIDED YOUR SERVICES, NOR SHALL WE BE LIABLE FOR ANY DAMAGE CAUSED TO YOU BY ANY OF THE USERS, REGARDLESS OF WHETHER WE OR AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2    YOU HEREBY RELEASE US FROM ANY LIABILITY FOR ANY DAMAGE CAUSED TO YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR PLATFORM, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED TO YOU DUE TO A CLAIM OR DEMAND BY A USER TO WHOM YOU OFFERED/PROVIDED YOUR SERVICES, EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE COMPANY OVER THE SIX (6) MONTH PPERIOD PRECEDING THE CAUSE OF LIABILITY.

16.3    COMPANY AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SHAREHOLDERS SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE AND/OR PROFITS) ARISING IN CONNECTION WITH OFFERING OR PROVISION OF YOUR SERVICES TO THE USERS.

ARTICLE 17: Indemnification

17.1      You agree to defend, indemnify and hold us harmless, and our affiliates, and the respective officers, directors, employees, shareholders and agents, from and against any and all claims, damages, suits, judgments, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of  the Platform; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party rights, including without limitation any intellectual property rights or privacy right; (iv) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party by using the Platform; (v) any claim, action or demand made in connection to Your Services offered/provided to the Users, or content and material provided to Users or that You uploaded to the Website; (vi) a determination by a court or agency that You are not an independent contractor; and (vii) Your failure to provide Your Services in accordance with applicable laws and regulations, including rules of professional and ethical conduct applicable to You. This defense and indemnification obligation will survive these Terms. 

17.1      In the event of any dispute related to a transaction concluded between You and any User, You agree to release the Company, its affiliates and their respective directors, employees, officers, shareholders and agents from any claims and demands which You may have against a respective User in relation to such dispute.

 

ARTICLE 18:  Miscellaneous

18.1      You warrant that You are aware that these Terms are accepted by You only for the purpose of offering and provision of Your Services on a strictly voluntary and contractual basis, do not create employer-employee relations between Yourself and this Company and do not confer upon You any rights save for those set forth herein. You undertake that You and/or anyone on Your behalf shall not claim, demand, sue or bring any cause of action against this Company in connection with alleged employer-employee relations between Yourself and this Company, and if You do so, You shall indemnify this Company and/or its affiliates, and their respective officers, directors, employers, shareholders and agents, upon their first demand for any expense that may be occasioned to You in respect of, or in connection with, a claim as aforesaid, including attorney fees.

18.2     You and this Company is engaged in the independent operation of its own respective businesses, and does not act as an agent or contractor of the other (in particular, with respect to End Users). These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, agency, or franchisor-franchisee relationship between the parties hereto.

18.3     Any claim relating to this Platform or its use thereof will be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria. 

18.4      Any dispute arising out of or related to these Terms and/or Your use of this Platform will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts within Oyo State Nigeria. 

18.5      These Terms may not be assigned, and the rights hereunder may not be pledged or delegated by You without the prior written consent of this Company.

18.6      If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

18.7      No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

18.8      These Terms constitute the terms of use between you and this Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between You and Us.

ARTICLE 19: Acceptance of Terms

 For acceptance of these Terms, You must:

  • Click the “I ACCEPT” button during the registration process on the Platform, or

19.2     BY CLICKING THE “I ACCEPT” BUTTON, YOU AGREE AND SIGNIFY THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, AS MAY BE AMENDED AND UPDATED FROM TIME TO TIME. WE URGE YOU TO CHECK FROM TIME TO TIME TO SEE IF WE HAVE UPDATED THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THIS TERMS OF USE – DO NOT CLICK ON THE “I ACCEPT” BUTTON, , AND DO NOT USE THIS PLATFORM. YOUR USING OF THIS PLATFORM SHALL ALSO BE DEEMED AS ACCEPTANCE OF THESE TERMS. THE MOST CURRENT VERSION OF THESE TERMS IS ALWAYS AVAILABLE AT THE WEBSITE