TERMS OF USE
(Infinity Health Limited)
PLEASE READ THE TERMS OF USE CAREFULLY. THE TERMS OF USE (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND INFINITY HEALTH. AN ENTITY REGISTERED IN NIGERIA.
1. Contractual Relationship
These Terms of Use ("Terms") govern the access or use by you, an individual from within any country in the world of applications, websites, content, products, and services of Infinity Health (the “Services”) made available by Infinity Global Health Technologies Limited, a private limited liability company registered under the Companies and Allied Matters Act Cap C(20) Laws of the Federation of Nigeria, 2020.(“Infinity Health”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Infinity Health. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.
Infinity Health may amend these Terms or any policies related to its Services from time to time. Infinity Health may provide you with notice through a posting on its website, email or the notification function of the App, in the event of a material change to any Terms, policies or supplemental terms that detrimentally affects your rights under these Terms. Amendments will be effective upon Infinity Health's posting of such updated Terms on its website or app or the amended policies on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms, as amended.
Infinity Health may also roll out experiments, including without limitation to, features to the app and/or changes to fees on behalf of our partners which may impact a certain group of users. Your continued access or use of the Services constitutes your consent to the terms of the experiment.
Our collection and use of personal information in connection with the Services is as provided in Infinity Health's Privacy Policy located at
https://www.infinityhealth.africa. Infinity Health may provide to a claims processor, regulator or an insurer any necessary information (including your contact information) if there is any delivery partner and such information or data is necessary to resolve the complaint, dispute or conflict.
2. About Infinity Health
Infinity Health is a leading provider of regulatory compliance solutions for healthcare and life science businesses. Through our flagship product, Onboard, we streamline the process of connecting with and adhering to regulatory standards.
Our comprehensive suite of services assists businesses in meeting regulatory requirements across all aspects of their operations. This includes facilitating the registration and renewal of licences, as well as obtaining necessary certifications.
To keep our clients informed of industry developments, we publish the Infinity Health Journal, featuring timely and relevant articles on regulatory matters and industry trends.
3. Terms Relating to Use of Infinity Health Website and Applications
Licence.
Subject to your compliance with these Terms, Infinity Health grants you for no consideration a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Infinity Health and Infinity Health's licensors.
Restrictions.
You may not:
- remove any copyright, trademark or other proprietary notices from any portion of the Services;
- reproduce, modify, prepare derivative works based upon, distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Infinity Health;
- decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
- link to, mirror or frame any portion of the Services;
- cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
- attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Infinity Health does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Infinity Health does not endorse such third party services and content and in no event shall Infinity Health be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to the terms set forth in the applicable third party beneficiary's terms of service.
Ownership.
The Services and all rights therein are and shall remain Infinity Health's property or the property of Infinity Health's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited licence granted above; or (ii) to use or reference in any manner Infinity Health's company names, logos, product and service names, trademarks or services marks or those of Infinity Health's licensors.
4. Your Use of the Services
User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Infinity Health Services account ("Account"). You must be at least 18 years of age to obtain an Account. If you are below 18, you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Services, and your parent or legal guardian must read and agree to this agreement prior to you using the Services.
Account registration requires you to submit to Infinity Health certain personal information, such as your name, address, mobile phone number and Email. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Infinity Health in writing, you may only possess one Account.
User Requirements and Conduct.
You may not authorise third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Delivery Partner or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
Text Messaging and emailing.
By creating an Account, you agree that the Services may send you text (SMS) messages and emails as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages and emails from Infinity Health at any time by following the directions found on our website. You acknowledge that opting out of receiving text (SMS) messages and emails may impact your use of the Services.
User Provided Content.
Infinity Health may permit you from time to time to submit, upload, publish or otherwise make available to Infinity Health through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Infinity Health, you grant Infinity Health a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Infinity Health's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases necessary to grant Infinity Health the licence to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Infinity Health's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Infinity Health in its sole discretion, whether or not such material may be protected by law. Infinity Health may, but shall not be obligated to, review, monitor, or remove User Content, at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Infinity Health does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
5. Disclaimer; Limitation of Liability; Indemnity
LIMITATION SUBJECT TO LOCAL CONSUMER LAW
DISCLAIMER.
EXCEPT AS REQUIRED OF INFINITY HEALTH UNDER THE CONSUMER GUARANTEES, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." INFINITY HEALTH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF CORRECTNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. INFINITY HEALTH DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF VENDORS, ADVERTISERS, PARTNERS AND/OR AFFILIATES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE NIGERIA CONSUMER PROTECTION ACT.
Indemnity.
You agree to indemnify and hold Infinity Health and its affiliates harmless from any and all claims, demands, losses, liabilities, and expenses arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Infinity Health's use of your User Content; or (iv) your violation of the rights of any third party, includingVendors and/or Partners ("Losses").
Your liability under this clause shall be reduced proportionately if, and to the extent that, Infinity Health directly caused or contributed to any such Losses.
8. Termination of Account
Infinity Health may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Infinity Health reasonably suspects that:
- you have, or are likely to, breach these Terms; and/or
- you do not, or are likely not to, qualify, under applicable law or the standards and policies of Infinity Health and its affiliates, to access and use the Services.
Infinity Health may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof:
- immediately, where Infinity Health reasonably suspects that:
(a) you have, or are likely to, materially breach these Terms; and/or
(b) you do not, or are likely not to, qualify, under applicable law or the standards and policies of Infinity Health and its affiliates, to access and use the Services; or
- on 15 days' written notice to you, where Infinity Health, acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason.
Without limiting its other rights under these Terms, Infinity Health may immediately restrict or deactivate your access to the Services if you breach the Community Guidelines at any time. You may terminate these Terms at any time, for any reason through the app by going to “Settings-Privacy Settings-Delete Account”. Your account will be immediately deactivated if you delete your Infinity Health account. After 15 days, your account will be permanently deleted. Infinity Health may retain certain information after account deletion as required or permitted by law.
9. Governing Law and Dispute resolution.
There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any "Dispute"). Infinity Health or its affiliate operates a complaints process to allow you to make complaints about Infinity Health or its affiliates, and Infinity Health or its affiliate also manages refunds to you in relation to those complaints. Infinity Health or its affiliate will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws, including the non-excludable portions of the Nigeria Consumer Law.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws The Federal Republic of Nigeria, excluding its rules on conflicts of laws. In the event of a Dispute, either party shall first attempt to settle the dispute through mediation at the Lagos Multidoor Courthouse and if mediation fails after 60 days the affected party may file an action in the Nigeria court.
Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms.
10. Other Provisions
Claims of Copyright Infringement. Claims of copyright infringement should be sent to Infinity Health's designated agent. Please visit Infinity Health's web page at
hello@infinityhealth.africafor the designated address and additional information.
11. Notice.
Infinity Health may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Infinity Health by written communication to Infinity Health's
privacy@infinityhealth.africa12. General.
You may not assign or transfer these Terms in whole or in part without Infinity Health's prior written approval. You give your approval to Infinity Health for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Infinity Health's equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Infinity Health or any third party provider as a result of the contract between you and Infinity Health or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law,. In these Terms, the words "including" and “include” mean “including, but not limited to.”