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Terms And Conditions

TERMS OF USE FOR EMERGENCY RESPONSE AFRICA

Please read these Terms of Use (“Terms”), which set forth the legally binding terms and conditions between you and Emergency Response Africa (“ERA”). It governs your access to and the use of its website (the “Site”), Mobile Application (the “App”) and all or any related services (collectively referred to as the “Service”) offered by ERA.

Our collection and use of personal information in connection with your access to and use of the Service is described in our

Privacy Policy⁠

Your access to use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use our Service.

In these Terms, “we”, “us” and “our” refer to ERA.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Definitions

In these Terms, “Account” means unique personified account registered in the name of the User and which contains details of the User’s requests and subscriptions. Account holders and visitors to the website are referred to collectively as “Users.” “Emergency” means any serious, sudden medical incidence that requires immediate care and action. “First Aid” means immediate care provided to Users till they are transported to partner-hospitals. “First Responder” means professionals skilled in providing first aid to Users at the scene of an emergency. “Service” refers to all products and services provided to you by ERA as provided on our Site. “Site” refers to the website for the services rendered by ERA. “Subscription” means periodic payment made by Users to access our Service. “Users” refers to account holders and visitors to ERA’s Site or App.

Acceptance of Terms

The Service is offered subject to acceptance of all the terms and conditions contained in these Terms and all other operating rules, policies, and procedures that may be published on the Site by ERA, which are incorporated by reference, including operating rules, policies, and procedures of third-party service providers to the site that are referenced herein. These Terms apply to every user of the Service. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by ERA. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

ERA reserves the right, at its sole discretion, to modify or replace these Terms from time to time by posting the updated Terms on the Site. It is your responsibility to check the Terms periodically for changes. If you object to any such changes, your sole recourse will be to cease using the Site and the App. Your continued use of the Site following the posting of any changes to the Terms will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

ERA reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the unavailability of any feature, database, or content) at any time for any reason.

Scope of ERA’s Services

ERA is a healthcare technology company that uses technology to connect emergency victims to first responders and hospitals in the community where urgent medical care is required, to ensure that they receive proper care promptly. ERA’s first responders are trained to provide first aid care to Users at the scene of emergencies and transport Users to partner hospitals where they will receive appropriate medical care.

Access to ERA’s Service may be subject to certain conditions or requirements, such as signing up for an account and subscribing for a specific service package.

You must be at least 18 years old and able to enter into legally binding contracts to access our Site and use our Service. By accessing our Site and using our Service, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

Accounts

To use the Site and access our Service, all Users must register an account (“ERA Account”).

You can sign up for an ERA Account using your name, phone number and email address.

You must indicate if you are registering an ERA Account for a relative, company or other legal entity. By doing so, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

You must provide accurate, current and complete information during the registration process and keep your ERA Account profile page information up to date at all times.

You are responsible for safeguarding the password that you use to access the App and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You are liable for any and all activities conducted through your ERA Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account.

Users’ Representations & Warranties

Representations and warranties are statements and promises made by you to ERA, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you visit our Site and use the App;

you are over the age of 18 years;

you are of sound mind and have the capacity to enter into a legally binding contract;

all personal information that you provide about yourself is accurate and true to the best of your knowledge;

you have carefully considered the risks involved with using ERA’s Services;

if you are registering or accepting these Terms on behalf of a relative or legal entity such as a company, you are legally authorised to do so; and

you are not breaching any laws or regulations that are applicable to you or any company, upon whose instructions you are acting.

Content Use

ERA may, at its sole discretion, enable Users to access and view any content that ERA itself makes available on or through the App or Site, including proprietary ERA’s content and any content licensed or authorized for use by or through ERA from a third party (“ERA’s Content”).

ERA’s Content shall include general health information, healthcare services and other information relating to ERA and ERA’s Service.

ERA’s Content relating to healthcare services provided by ERA in no way constitutes a proposal or offer to provide the Service to you, neither is it intended to be instructional for medical diagnosis or treatment. The Content does not substitute or replace professional medical advice but is intended for general informational and educational purposes.

Any general health information in ERA’s Content does not constitute a medical advice to you. If you require medical advice or treatment, you agree to consult your medical practitioner or any qualified healthcare professional for the appropriate diagnosis of any ailment or disease and the relevant treatment.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit ERA’s Site, App or Content, except to the extent that you are expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ERA or its licensors, except for the licenses and rights expressly granted in these Terms.

Subject to your compliance with these Terms, ERA grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view ERA’s Content made available on or through the website and accessible to you, solely for your personal and non-commercial use.

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or App, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Site; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

No Professional Advice

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION AND/OR SERVICES PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US. THE CONTENT OF THE SITE AND THE SERVICES ARE NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. YOU SHOULD ALWAYS TALK TO YOUR MEDICAL PROFESSIONALS FOR DIAGNOSIS AND TREATMENT. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK.

Intellectual Property

ERA’s App and Site with its original content, features and functionality are and will remain the exclusive property of Emergency Response Africa. ERA’s trademarks may not be used in connection with any product or service without the prior written consent of ERA.

Your access to ERA’s Site and App and its content does not in any way convey or transfer any right in or to the intellectual property rights of ERA.

Communications

By signing up on our Site and App, you hereby consent to receive electronic communications from ERA. These communications may involve sending emails to the email address you provided when you registered your ERA Account or delivering electronic communications via your ERA Account. These communications are to foster your relationship with us. You agree that any communications we send to you electronically, will satisfy any legal requirements for the delivery of communications in writing or other appropriate methods. If you no longer want to receive certain communications via email, please click on the Unsubscribe link contained in any email.

Prohibited Activities

You shall not use the Site or App for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service. Violation of our rules may result in the termination and cancellation of your Account. You acknowledge and agree that we may terminate any ERA Account at any time for any reason.

Users shall not utilize our Site or App for any illegal purpose.

You are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of the Services. In connection with your use of our Site or App, you will not and will not assist or enable others to:

breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;

use the Site or ERA’s Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with ERA;

copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Site in any way that is inconsistent with ERA’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;

use the Site or App to circumvent any applicable fees or for any other reason;

discriminate against or harass anyone on the basis of race, tribe, origin, religion, gender, physical or mental disability, medical condition, marital status, or age, or otherwise engage in any abusive or disruptive behaviour;

use, display, mirror or frame any individual element within ERA’s App, name, any trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in ERA’s Site, without ERA’s express written consent;

dilute, tarnish or otherwise harm the ERA brand in any way, including through unauthorized use of ERA’s Content, registering and/or using ERA or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to ERA’s domains, trademarks, taglines, promotional campaigns or Content;

use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Site for any purpose;

avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by ERA or any of ERA’s partners or any other third party to protect ERA’s Site;

take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Site;

violate or infringe anyone else’s rights or otherwise cause harm to anyone.

Links to Other Websites

The Site may contain links to third-party websites or services that are not owned or controlled by ERA.

ERA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that ERA 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 use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Site and/or App and any of our Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the App.

Indemnity

You agree to indemnify and hold harmless ERA, its affiliates and subsidiaries, its officers, directors, employees and agents, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:

your fraudulent or illegal use of the App and Site;

your negligence or any default by you of any of these Terms;

any inaccurate or incomplete information that you have knowingly provided to us;

your allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private;

any claim made against you for actual or alleged infringement of ERA’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services or your use of the App and Site;

use or access of or the inability to use or access ERA’s Content or Service provided on the Site and App;

any fact or circumstance beyond the reasonable control of ERA;

the performance or unavailability of ERA’s Site or App, or any third-party site to which it is linked; and

any breach of privacy or security by any person or entity.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Content is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

ERA, its subsidiaries, affiliates, and its licensors do not warrant that a) the App and the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the App and the Site are free of viruses or other harmful components; or d) the results of using the App and the Site will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of The Federal Republic of Nigeria, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service,and supersede and replace any prior agreements we might have between us regarding the Service.

Dispute Resolution

Any disputes arising under or in connection with the validity, interpretation and performance of this Terms between ERA and any third parties that cannot be resolved amicably by the parties through negotiation within 30 (thirty) days shall be resolved by Arbitration at the Lagos Court of Arbitration (LCA) before a single arbitrator in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria.

The Parties shall endeavour in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (10) days of the request, they shall apply to the LCA to appoint an arbitrator. Arbitration proceedings shall be conducted in Lagos. The arbitrator will be requested to render an award within ninety (90) days and to provide, in writing the reasoning for the award. The decision of any such arbitrator shall be final and binding on the parties.

Each party shall bear its cost in connection with the Arbitration and the arbitrator’s fees shall be split equally between both parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to ERA’s Site or Services. You may submit Feedback by emailing us at contact@emergencyresponseafrica.com. Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting any feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Changes to Terms & Conditions

ERA reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. ERA encourages you to periodically review the Terms to stay informed of our updates.

If you have any questions about these Terms of Use, please contact us at contact@emergencyresponseafrica.com. This document was last updated on October 10, 2022.

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