Terms & Condition
WHISPA HEALTH APP TERMS AND CONDITIONS
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES, OUR WEBSITE, OR OUR MOBILE APPLICATION.
You only need to whispa… WHISPA HEALTH APP TERMS AND CONDITIONS Welcome to Whispa Health App (the “App“). This App is published by or on behalf of Whisper Health Limited (“WhispaHealth” or “We” or “Us“). By downloading or otherwise accessing the App, you agree to be bound by the following terms and conditions (“Terms”). If you have any queries about the App or these Terms, you can contact us at admin@whispahealth.com. If you do not agree with these Terms, you must stop using the App immediately. By accessing, viewing, or using the App, you agree to be bound by the Terms stated herein. These Terms are subject to change, and any changes will be incorporated into these Terms from time to time. If you continue to use the App you unconditionally agree to these Terms and accept to be bound by these Terms.
GENERAL RULES RELATING TO CONDUCT
The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. You agree that when using the App, you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to
(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or t
(b) Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, adapt, translate, or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or required under Nigerian law.
You agree to indemnify Whispa Health in full and on demand from and against any loss, damage, costs, or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
CONTENT
The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics, and video messages, the selection and arrangement thereof, and all source code, software compilations, and other material (“Material“) is owned by or licensed to Whispa Health. All rights are reserved. You can view, print, or download extracts of the Material for your own personal use but you cannot under any circumstances otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Whispa Health’s express written permission.
The trademarks, service marks, and logos (“Trademarks“) contained on or in the App are owned by Whispa Health or third-party partners of Whispa Health. You cannot under any circumstances whatsoever use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trademarks without the prior written consent of Whispa Health or the relevant third-party partner of Whispa Health.
LINK TO THIRD PARTIES
Whispa Health may monetize some of these links through the use of third-party affiliate programs. Notwithstanding such affiliate programs, Whispa Health does not have any influence or control over any such Third-Party Websites and, unless otherwise stated, is not responsible for and does not endorse anyThird-PartyWebsites or their availability, contents, products, or services. For the avoidance of doubt, you agree to use such third-party goods and services entirely at your own risk, and we accept no responsibility or liability for the content or use of such services.
AUTHORISATION TO COMPLY
You agree that we are irrevocably authorized to use any information that you have provided for the purpose of this service and related matters and to comply with any instructions that we receive from you or on your behalf, and it is agreed that such Instruction shall be irrevocably deemed to be your Instruction.
DISCLAIMER / LIABILITY
Use of the app is at your own risk. The app is provided on an “as is” basis. To the maximum extent permitted by law: (a) Whispa Health disclaims all liability whatsoever, whether arising in contract, tort (including negligence), or otherwise in relation to the app; and (b) all implied warranties, terms, and conditions relating to the app (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to the accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment, and title are, as between Whispa Health and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the app; or any damage or injury to users or their equipment as a result of or relating to their use of the app. Your statutory rights are not affected.
NO WARRANTIES OR REPRESENTATIONS IN THE INFORMATION
Although we have taken all reasonable care to ensure that the information provided by the App is accurate, we give no warranties of any kind, express or implied, with regard to the accuracy, timeliness, or completeness of any such information. We will not be liable for any errors or omissions in the materials and information provided on the App or for any delay, difficulty in use, inaccuracy of information, computer viruses, other defects in the App, or your inability to use the App to your satisfaction. Whispa Health will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business, or anticipated savings); or (ii) occurrence of any damage or trauma; (iii)loss of goodwill or reputation; or (iv) special or indirect or consequential loss. Whispa Health will not be liable for any risk arising from not reading the full side effects of any medicine.
All responsibility to request more information lies with the App user.
Nothing in these Terms shall be construed as excluding or limiting the liability of Whispa Health or its doctors for death or personal injury which is conclusively established by the Nigerian court to have arisen from Whispa Health’s negligence. In that case, Whispa Health’s liability will be limited to its professional indemnity insurance.
SERVICE SUSPENSION
Whispa Health reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
REFERRALS IN THE APP
We accept no responsibility for referrals provided within the App. If you agree to purchase goods and/or services from any third party, including health providers suggested in the App, you do so at your own risk. The health providers or other third party from whom you purchase goods and services, not Whispa Health Limited, are responsible for such goods and/or services they provide to you and if you have any queries or complaints in relation to such goods and/or services, your only recourse is against the health provider or other third party from whom you purchased such goods and/or services.
MODIFICATION OF THЕЅЕ TERMS
These Terms (as amended from time to time) constitute the entire agreement between you and Whispa Health concerning your use of the App. Whispa Health reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link intheAppto this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them, and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of Whispa Health.
GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with, the laws of the Federal Republic of Nigeria.
DISPUTE RESOLUTION
You agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to these Terms, your use of the App, and/or rights of privacy and/or publicity, will be resolved by binding arbitration.
You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class[1]wide arbitration for any claims covered by these Terms to arbitrate. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations. You also agree not to participate in claims brought in a private solicitation or representative capacity, or consolidated claims involving another person’s account if we are a party to the proceeding.
In the case of such a dispute, you agree to present to us, in writing, a letter specifying the nature of your dispute, the point(s) in issue, and your intention to refer the dispute to mediation at the Lagos Multi-Door Court House. If you and we fail to resolve such dispute or difference by further consultation within a period of 14 (fourteen) days from the date upon which such further notice of dispute or difference has been received by us, or such longer time as we may jointly agree, we both agree that we may choose to refer the dispute to the Lagos Multi-Door Court for mediation and if the dispute is not resolved by mediation at the Lagos Multi-Door Court within a period of 15 (fifteen) days from the date of submission, we both agree that we choose to refer the dispute to arbitration in accordance with the Arbitration and Conciliation Act Cap A18, Laws of the Federation of Nigeria 2004. The arbitration shall be by a sole arbitrator appointed jointly by the Parties. If the Parties do not agree on a person to act as the sole arbitrator, the Chief Judge of the Federal High Court shall appoint the sole arbitrator. The place of arbitration shall be Lagos, Nigeria. The language of Arbitration shall be English.
This arbitration clause will survive the termination of these Terms.
QUESTIONS OR CONCERNS
If you have any questions or concerns regarding the Terms of Service on our Applications, please send us a detailed message at admin@whispahealth.com.
We will make every effort to resolve your concerns.
Effective Date: August 31, 2019, Reviewed and Updated: April 11, 2022
