TERMS AND CONDITIONS OF USE
BINDING AGREEMENT
These terms and conditions of use govern all your transactions with us and through us, and every one of our subsidiaries, as recognized by us. Your compliance with these terms and conditions is a prerequisite for your use of our services. If you do not agree to be bound by these Terms and conditions, exit this site.
By clicking Sign Up and Accept, You agree to be bound by these Terms and Clafiya’s Privacy Policy.
References to “You” and “Your” shall in all instances mean Service Providers and Service Consumers operating within the network of our services; including agents and representatives of the aforementioned category of persons described under “You” and “Your” as the context permits.
References to “Us”, “Our”, and “We” shall in all instances mean Clafiya and its self-recognized subsidiaries.
DEFINITION OF TERMS
Health Wallet or Account: means an account created on our Network by a Service Consumer to deposit funds or money for their health and wellness expenses. Such an account must remain active to qualify as an account within the context considered under these Terms; A dormant period shall be for a term of one year after which a lack of activity may mandate a reactivation process of your account.
Health and Wellness Hub: means a centralized online marketplace featuring a curated list of Service Providers enabling Service Consumers to conveniently access and pay for various health and wellness services directly from their Health Wallet.
Service Provider: Implies anyone and/or organization or a representative with an active account who holds out as providing service(s), within our network.
Organization(s): include but are not limited to Companies, business names, partnerships and charitable organizations.
Network: This refers to all of Clafiya technologies including website, mobile applications, USSD service directly and indirectly involved in sustaining, delivering and interfacing with our provided services.
Services: Implies all the services described, listed and/or provided by Service Providers to be received by Service Consumers within our Network.
Service Consumer: Means anyone and/or organization who has made or makes use of the services offered by Service Providers within our Network.
Subscriber or User: Means any Service Provider, Service Consumer or any other person or organization outside these descriptions who accesses or uses our Network for any purpose whatsoever.
Third Parties: Implies Service Providers and Service Consumers within our Network; and external service providers outside/without our Network, that may be addressable as by links within our websites or other means within our Network.
USAGE OF THIRD PARTY SERVICES
Usage of Third Party services accessible on our Network is at your own risks. We shall not be held liable for any dispute or mishap suffered by you in the event of interaction with any Third Party. You acknowledge that all your interaction with any Third Party will be treated as absolutely independent of us.
TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use govern all your transactions with us and each of our subsidiaries, as recognized by us. Your acceptance and compliance with these Terms and Conditions of Use is a prerequisite for your use of our services. If you do not agree to be bound by these Terms and Conditions of Use, promptly exit this Site.
OWNERSHIP STATEMENT
This website and mobile application and any affiliated documentation not declared otherwise is the sole intellectual property of Clafiya. Our intellectual property rights and trade names are protected under the extant laws and regulations applicable in Nigeria for our operations in Nigeria and under various international conventions in instances outside Nigeria. No title or equity of the website or any portion thereof is transferred to you by virtue of your patronage.
ELIGIBILITY OF USE
This Service is only available to persons who are 18 years and above. By accessing this Service either as a Subscriber or User or Service Provider or Service Consumer, you warrant and/or hold out yourself to have attained the mandatory age of 18 years.
SERVICE AND CONTENT
You retain ownership rights over contents you bring to the Network including such as publications, expositions; therefore, you have the right to use such content after it has been uploaded on this Network. You shall bear full liability and shall be solely responsible for any content that you provide us with, and which we upload on this Network. You hold out yourself to own and agree that you hold proprietary rights to the content that you provide us with and that the information is not false and/or misleading, but correct and that it does not violate the intellectual property rights of another person.
You agree that you shall not upload anything that violates the right to publicity and/or privacy of another person, or that violates the moral and economic rights of another person; Note that we reserve the right to alter, modify and simplify your content without notifying you. It is your responsibility to ensure that the content as modified and/or simplified is correct, as we will not bear any liability and/or loss where you fail to do so.
We are not affiliated with or have any form of partnerships with Service Providers, Service Consumers, Users, Subscribers. We have no responsibility and/or liability for any interactions between Service Providers and Service Consumers or between Users or Subscribers on our Network, our Network is a technology created to enable Service Providers, Service Consumers, Users and Subscribers interact, offer and use the services allowed therein seamlessly. We are not a store, hospital, medical laboratory, manufacturer, pharmacy, drug store etc. We also are not affiliated to any Service Provider or Service Consumer on the Network. We only operate the Network and implement the technical means to enable the relationships between Service Providers and Consumers to work efficiently. We serve as a link and nothing more and do not take responsibility for the actions or inactions of Service Providers or Service Consumers.
CLAIM ON ACCOUNT
Clafiya retains the absolute prerogative to absolve Service Providers and/or Service Consumers of their accounts. In the case that such occurs, you will be temporarily or permanently prevented from accessing such accounts registered on the Network depending on our sole consideration of the matter. We are not obliged to offer you apologies and/or justifications and/or remuneration of any kind or even information regarding imminent and/or actual suspension of your Account. All information within such dissolved accounts is subject to our discretion.
Clafiya is not liable to compensate any loss incurred as a result of delay or any other issue in accessing our services through your account.
You may leave this Network at your liberty, however, it is important to note that when you decide to leave, you will not be entitled to the information contained in your Account neither are we bound to relinquish information and/or submission and/or ideas and any other material of yours in our custody.
PRIVACY
Our collection, use, storage, and disclosure of Your information is governed by Our Privacy Policy.
You understand that We share the personal information and any other information, like health records of our Users with affiliated companies, service providers, and health care practitioners. You further understand that We share personal information with financial service providers (for interests) and non-financial companies, such as email service providers that perform marketing services on our behalf.
You acknowledge that Clafiya does not control the transfer of data over telecommunications facilities and that the Internet is inherently insecure and provides opportunity for unauthorized access by third parties. You are responsible for maintaining the security of Your own systems, servers, communications links, and data, and for providing secure access to those systems and data, including Personal Data (as defined in the Clafiya Privacy Policy). You will not disclose Personal Data to Clafiya other than that which is reasonably required for Us to carry out our obligations under these Terms, and then only during the time period reasonably required.
You agree to put in place appropriate privacy and security safeguards designed to prevent the unauthorized use and disclosure of Your Personal Data including not disclosing Your passwords to Third-Parties.
SERVICE DISCLAIMER
Our sole promise is to connect Service Consumers with Service Providers (including health practitioners) who hold out themselves to have the requisite know-how to meet the needs of Service Consumers. Even though we do carry out verification of the Service Providers with the aim of ascertaining their addresses, qualifications, and records, we do not however guarantee the accuracy of such background checks nor the correctitude of any process, product, publication, service, or offering by any Service Provider and/or Third Party. You agree to always exercise due diligence and caution in the course of carrying out both online and offline transactions with Service Providers, as well as Service Consumers, Users and third parties. Your credence to any Service Provider or Service Consumer or Third Party is solely at your own discretion and you assume full responsibility for all associated risk. Where there is failure in fulfilling the terms of the transaction, Clafiya will not be liable under any circumstances for such failure, and shall be indemnified from any liability and/or losses and/or damages that may arise from such failure. Even in cases where an action is instituted against such Service Consumer and/or Service Provider, Clafiya shall not be joined as a party to such lawsuit and if joined, Service Providers and/or Service Consumers shall indemnify Clafiya against any legal cost associated with such lawsuit.
NO WARRANTIES
Clafiya makes no guarantees and disclaims any implied warranty binding on services delivered by service providers on the Network. You understand that Service Providers endeavor to provide efficient and uninterrupted transmission of services. However, You acknowledge that We have no control over such transmissions including transmission delays or interruptions. Hence, we assume no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted within our network. In the event of a transmission delay, You agree to bear full responsibility to implement appropriate measures to mitigate any potential loss or damage during your interaction with our network.
INDEMNIFICATION
You agree to indemnify, defend and exempt Clafiya from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to your breach of these Terms of Use or violation of public law, or proven compromise of your user account details from your end.
CHARGES AND PAYMENT
Every monetary transaction will be negotiated and made under Clafiya. Cost of services rendered will be negotiated between Service Providers and Service Consumers and payment will be made through provisions within the Network. Clafiya retains the prerogative to deduct its commission before crediting the Service provider. Any direct and independent monetary transaction between Service Providers and Service Consumers over services rendered within the network shall be considered a breach of contract. In the event of subscription to any third-party service, payment will be independent of our jurisdiction and we proceed as governed by such a party.
You hereby agree to be solely responsible for the payment of your applicable federal, state and local government taxes and levies. You understand and agree that you will contact tax professionals for advice in respect of the payment of your taxes. However, we shall remit to the relevant tax authorities all Value Added Tax (VAT) paid by Service Consumers for transactions initiated and completed within our network and reserves the right to introduce new payment methods, and/or change charges across the board at short notice.
ORGANISATION REPRESENTATION
Representatives of organisations, together with such organisations which they represent are singularly and collectively bound to our terms and conditions. We reserve the right to reach out to organisations at any time with the aim of confirming the identity of its representative and/or anybody who holds out himself or herself to be in the service of such organisation. By holding out yourself to be the representative of an organisation you agree that you indemnify and hold Clafiya harmless in the event that such claims as purported by you becomes contested or disproved.
RESTRICTION, CLOSURE & TERMINATION OF ACCOUNTS
We may at Our sole discretion restrict or close Your User Account if:
- You use Your Account for unauthorised purposes or where Clafiya detects any abuse/misuse, breach of content, fraud or attempted fraud relating to Your use of the Service.
- We are required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority.
- We reasonably suspect or believe that You are in breach of this Terms of Use.
- The closure or restriction is necessary as a consequence of technical problems or for reasons of safety; to facilitate update or upgrade the contents or functionality of the Services from time to time; or where Your Account becomes inactive or dormant.
- We decide to suspend or cease the provision of the Service for commercial reasons or for any other reasons it may determine in its absolute discretion.
GOVERNING LAW, RESOLUTION OF DISPUTES AND JURISDICTION
Any disputes or claims arising between you and us are governed by, and construed in accordance with, the laws of the Federal Republic of Nigeria. In the event of any dispute arising between you and us, you shall give Clafiya a dispute notice and first privilege to reach an amicable resolution within sufficient time before resorting to other means. Other means can only be arbitration in accordance with the Arbitration and Mediation Act 2023. Note that the party demanding Arbitration shall bear the costs associated with such arbitration proceedings. Each party irrevocably agrees that the courts of Nigeria shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
FORCE MAJEURE
We will not be considered to be in breach of these Terms of Use or liable for any breach of these terms due to any event or occurrence beyond our reasonable control, including without limitation, pandemic, acts of God, terrorism, war, failures of any public networks, civil disorder, fire and/or other such disasters or occurrences.
CLASS ACTION
You hereby waive your right under these terms and conditions to bring a class action against us.
SEVERABILITY
If at any time any part of these Terms and Conditions or the application thereof is determined by a court of competent jurisdiction to be invalid, the integrity of the other parts and the application shall not be affected thereby, and all such other parts shall remain effective and shall be enforced to the fullest extent permitted by law.
RIGHT TO MODIFY
We reserve the exclusive right to revise, modify and/or alter these Terms at its sole discretion and at any time, without notifying You besides uploading such revised Terms and Conditions of Use on this Service. Such updated and/or revised Terms and Conditions of Use once Uploaded on this Service becomes effective seven (7) days after it is uploaded. Please note that if You continue to use this Platform upon the expiration of the said seven (7) days after we have uploaded our updated and/or revised Terms and Conditions of Use, then You have unequivocally expressed Your acceptance to be bound by them. You are expected to stop using and/or accessing this Service if You do not agree to the altered and/or revised Terms and Conditions of Use. The words “upload” “uploaded” and “uploading” as used in these Terms, include but not limited to, the act of posting, publishing, updating, submitting, and displaying materials.
EFFECTIVE DATE
This Terms and Condition of Use takes effect immediately.
