Please read these terms and conditions carefully before using our Services.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
“Agreement” means this Terms of Use that forms the entire contractual relationship between you and the Company regarding the use of the Service.
“Application” or “App” means the software program, named Mymedicare or by whatever alternative name, provided by the Company downloaded by you on any electronic device.
“Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the App has been downloaded.
“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Country” refers to: Nigeria
“Company” (referred to as either the "Company", "We", "Us", or "Our" in this Agreement) refers to Mymedic Lifecare Limited, Lagos.
“Device” means any electronic device that can access the Services such as a computer, a cellphone or a digital tablet.
“Service” refers to the Application or the Website or both.
“Terms of Use” (also referred as "Terms") mean these Terms and Conditions
“Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
“Website” refers to Mymedicare, accessible from www.mymediclifecare.com and/or any other URL which the Company may subsequently acquire.
This Agreement shall govern and regulate the use of the Services of the Company. Thus, this Agreement sets out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Services.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Services. You represent that you are over the age of 18 or that where you are under 18, you have the express consent of your adult parents and/or guardians to access the Services.
Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Services.
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Service will cease immediately.
Notwithstanding any damage that you suffer nor costs that you might incur, you hereby agree that the entire liability of the Company under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or One Hundred Thousand Naira (N100,000.00), whichever is greater.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any
information or content provided through the Service; or (iv)
that the Service, its servers, the content, or e-mails sent
from or on behalf of the Company are free of viruses, scripts,
trojan horses, worms, malware, timebombs or other harmful
components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement as well as your use of the Service.
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company. You also agree that where necessary, before seeking redress in Court, you shall FIRST ensure to resolve the dispute by reference to arbitration.
Per our Privacy Policy, we confirm that we shall treat your personal information with utmost confidence and shall only use and/or disclose same in the way and manner indicated in our Privacy Policy and/or as provided by law.
If you register as a health care partner (as defined in our Privacy Policy), you agree to protect the confidentiality of our users’ personal information. You also agree to be indemnify the Company for any data privacy breach which our users may suffer where you fail to uphold your duty of confidence and/or to uphold our Privacy Policy.
YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS YOU MAKE OR ACTIONS THAT YOU TAKE BASED ON THE INFORMATION OR MATERIALS TRANSMITTED OR AVAILABLE THROUGH THE WEBSITE, APP, SOFTWARE, MATERIALS AND/OR SERVICES. RELIANCE ON ANY SUCH INFORMATION, DOCUMENTATION OR MATERIALS IS SOLELY AT YOUR OWN RISK.
IF YOU SUFFER A MEDICAL EMERGENCY IN NIGERIA, PLEASE IMMEDIATELY CALL EMERGENCY PERSONNEL (767 OR 11) TO GET PROMPT MEDICAL ATTENTION. IF YOUR EMERGENCY OCCURS OUTSIDE NIGERIA, PLEASE IMMEDIATELY CALL THE APPLICABLE EMERGENCY PERSONNEL NUMBER TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR IMMEDIATE, URGENT MEDICAL NEEDS. MYMEDICARE’S EMAIL ADDRESS IS NOT DESIGNED TO FACILITATE MEDICAL EMERGENCIES. MYMEDICARE CANNOT GUARANTEE RESPONSE TIMES IF YOU CHOOSE TO EMAIL MYMEDICARE IN THE EVENT OF A MEDICAL EMERGENCY.
Each You agree that each and/or every provision of this Agreement is severable and distinct from the others such that each of those provisions shall be and remain valid and enforceable to the fullest extent permitted by law. If any such provision is or at any time becomes to any extent invalid, illegal or unenforceable under any enactment or rule of law, it shall to that extent be deemed not to form part of this Agreement but except to that extent in case of that provision, it and all other provisions of this Agreement shall continue to be effective and their validity, legality and enforceability shall not be affected or impaired as a result, subject to the operation of this Clause not negating the commercial intent and purpose under this Agreement.
If any provision of this Agreement is illegal or unenforceable, this Agreement shall take effect with such required minimum modification to erase that particular provision in the interpretation of this Agreement without negating the commercial intent under this Agreement.
Where a right under this Agreement is sought to be waived, such waiver shall only be valid where it is in writing and such waiver shall only apply for only the purpose for which it is made. No failure to exercise nor delay in exercising any right provided under this Agreement or by law shall be deemed to constitute a waiver of any such right nor will prevent the future exercise of any such right in whole or in part.
No single or partial exercise of any right under this Agreement shall preclude any further exercise of such right. Unless expressly provided otherwise, rights under this Agreement are cumulative and not exhaustive. Therefore, they do not exclude rights provided for by law.
These Terms and Conditions may have been translated if your browser is ordinarily in a language other than English. You agree that, notwithstanding any error that there may be in translation, the original English text shall prevail in the case of a dispute.
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will make reasonable efforts to provide at sufficient notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Services.
If you have any questions about these Terms and Conditions, You can contact us via email at [email protected] or via WhatsApp on +234 (0) 703 803 3380 .