Please read these Terms and Conditions (“Terms”), which set forth the legally binding terms and conditions between you and Signal Emergency. 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”) powered by Emergency Response Africa (ERA) and Halogen Security Company Limited (“Halogen”).
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 and Halogen.
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.
1. 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.”
Content
means any information, resources or data (including text, images, photos, videos, audio and documents) or any content in any media and format that ERA may provide or make available to you in connection with your use of the Platform or Service.
Emergency
means any serious, sudden medical incidence that requires immediate care and action.
First Aid
means any serious, sudden medical incidence that requires immediate care and action.
First Responder
means professionals skilled in providing first aid to Users at the scene of an emergency.
Platform
means collectively the website, mobile applications and other related software applications through which ERA’s products and services can be accessed.
Service
means all products and services provided to you by ERA as provided on our Site.
Signal Emergency Product
is a bundled emergency response service that offers protection from medical personal accident emergencies with security threats alerts, offered on a subscription basis. It is offered in partnership with licensed Health Insurers and licensed Health Maintenance Organisations (“HMOs”) and Halogen through the Signal by ERA mobile application.
Site
Subscription
means periodic payment made by Users to access our Service.
Users
means all account holders and visitors to ERA’s Site or App.
2. 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 Platform by ERA and Halogen, 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 Platform may be subject to additional terms and conditions adopted by ERA and Halogen. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
ERA and Halogen reserves the right, at its sole discretion, to modify or replace these Terms from time to time by posting the updated Terms on the Platform. 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 Platform and the Service. Your continued use of the Platform and Service 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.
We reserve 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.
3. Scope of ERA’s Services
3.1
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.
3.2
In furtherance of the service of ERA, ERA has collaborated with Halogen, a private security company involved in the provision of security services in Nigeria for the purpose of offering emergency and security services to its customers.
3.3
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.
3.4
You must be at least 18 years old or a legal person and able to enter into legally binding contracts to access our Platform and use our Service. By accessing our Platform and using our Service, you represent and warrant that you are 18 or older or a legal person and have the legal capacity and authority to enter into a contract.
4. Scope of Halogen’s Services
4.1
Halogen is a security solution company providing security across the country Nigeria.
4.2
Halogen will provide swift security response upon being notified by ERA of any incident either through calls or through the ERA platform.
4.3
Halogen will be fully responsible for all security services performed, and shall for this purpose deploy qualified, competent, and well-trained staff to perform the security services, including armed security forces, as required.
4.4
Halogen will deploy at its service of operation to service ERA platform and to meet the demand of the Users.
4.5
Where there is natural disaster, thereby capable of hindering the performance of Halogen, Halogen will assess the situation and may wait for the situation to be less harmful before proceeding. In any such circumstance, the User will be informed of the decision of Halogen.
4.6
Where a User has requested for a Security Emergency and Halogen finds out that the Emergency team have already arrived the venue, Halogen will count the service as a double call-out and the User shall be required to pay for both services.
4.7
Halogen may use a minimum force of entry only in situation where the situation is life threatening. This use of minimum force will be in line with our Policy on the Use of Minimum Force.
4.8
The Terms and Conditions Policy of Halogen on its website is hereby incorporated by reference.
4.9
The Client accepts the following terms and conditions by accessing, using, requesting, and purchasing the Emergency Response Service via our mobile/ web applications and or legal entities/natural persons affiliated with it.
4.10
Clients can use the Signal Emergency App web and mobile platforms to view, request, and/or purchase emergency services (hereinafter referred to as “the Services”).
4.11
We reserve the right at any time to revise and update these Terms and Conditions. We, therefore, encourage you to read through the terms and conditions before acceptance.
4.12
These terms and conditions apply to security offers issued or made on Signal Emergency App, as well as to services and legal relationships related thereto.
4.13
We will always be entitled to adjust the text of these terms and conditions and to unilaterally amend this. In that case, the new text of these Terms and conditions will apply.
4.14
The Client unilaterally agrees to the exclusive applicability of these Terms and Conditions at the time of the coming into effect of the purchase of service unless the Client and Halogen Group have expressly agreed otherwise in writing.
4.15
The Client who has already purchased an emergency response service on Signal Emergency App will be deemed to tacitly agree to the applicability of these terms and conditions to later and/or additional service of and/or services to the client concerned.
4.16
Client requests for service by selecting the preferred plan across the three-tiered plan of basic, standard and premium service.
4.17
Each plan is rendered as a bundled product comprising of Medical and Security with access to limited call-outs as described in the product package details.
4.18
Service rendered are on either or basis for the plan purchased.
4.19
Client will receive details of service purchased based on the type of Plan subscribed based on details inputted.
4.20
A subscription is successful upon getting a payment receipt from Signal Emergency App expressly accepting your subscription status made via the Signal Emergency App mobile application.
4.21
A subscription is only deemed complete when full payment for the intended services is received and confirmed by Signal Emergency App within 12 hours.
4.22
Client final subscription detail confirmation is non-transferrable from one person or entity to another.
4.23
Client receives the final details of the subscription confirmation via email when full payment is confirmed by Signal Emergency App.
4.24
Your account is activated after 72 hours of receiving this means all services ices would be accessible upon account activation after subscription subscription.
4.25
New Clients must cooperate in providing required personal data upon registration and payment in other to enable processing and confirmation of service.
4.26
Subscription confirmations will replace all earlier proposals, correspondence, arrangements, or other communications, made in writing or as the case may be verbally.
4.27
The response team will arrive at the Clients location within 30 minutes of the requested time except for situations beyond their control as stated in the epidemic clause below.
4.28
A client can request service at any hour within the approved location.
4.29
The Client will not make any request on behalf of a third party or a company.
4.30
Clients could request either Medical or Security service on the Signal Emergency App. Where both services are deployed, this would be registered as a double service request.
4.31
All services offered by Signal Emergency App are subject to 7.5% VAT. Unless otherwise indicated, all rates listed are in Naira and inclusive of 7.5% VAT.
4.32
Clients would be expected to pay out of pocket the normal service charged by each entity upon exhaustion of limits by third-party partners as it relates to the Standard and Premium plans. Where call-out limits are exhausted, clients would be charged a service rate where they choose not to upgrade to a higher package plan.
4.33
If the client has additional requests that result in more costs for Signal Emergency App than may be reasonably expected an increase in the applicable rates may apply.
4.34
No rights can be derived from discounts. Discounts, as set out on Signal Emergency App, will only apply if agreed in advance and confirmed in the subscription confirmation.
4.35
Client needs to be at least 18 years old and max 65 years old and will present valid proof of identity.
4.36
Client with pre-existing health conditions must state their condition upon sign-up or update their health profile.
4.37
Client will treat the response team with respect and never force the team to perform acts that are in conflict with the response protocol will or may otherwise be in conflict with the law.
4.38
At the time of the plan purchase or service request, the Client undertakes to notify Signal Emergency App if Client has medical complaints that could affect the health of the response team.
4.39
Client must always refrain from misleading, harassing or other acts of omission which may endanger the lives of the response team.
4.40
All information provided by user for account creation must be accurate and valid.
4.41
Client permits us to conduct appropriate enquiries to confirm the identification, account details, and other information of the user, either directly or through third-party databases.
4.42
The Client may be charged a fee for this verification process.
4.43
Clients are expected to ensure they have their location icon is always powered on the same as a steady internet connection.
4.44
Services on the applications or any other Sigal Emergency App Platform are provided by Signal Emergency and/or on behalf of our Partners.
4.45
The performance of our services shall where applicable, be subject to the Terms and Conditions of our Partners most especially as it relates to HMO & Insurance service.
4.46
Signal Emergency App is not liable, howsoever, the same may arise, for cancellations, modifications, delays, deviations, or the failure to provide as described of this service failures to perform services by our Partners.
4.47
In the event of an epidemic outbreak, it is imperative that all our customers who intend on accessing, using or purchasing, our services via our website or other applications cross-check and make continuous and reasonable enquiries from time to time via the customer support and email provided that there are no restrictions in place which may affect their subscription/plan purchase.
4.48
By accessing, using, subscribing or purchasing our services via our website or other applications, you represent, warrant and undertake to us that: you have cross-checked, made continuous and reasonable enquiries, confirmed and are satisfied that there are no restrictions in place which may affect your subscription/plan purchase; and you are conversant and have familiarized yourself with all the relevant restrictions which may change from time to time.
4.49
Signal Emergency App shall not be liable, howsoever, the same may arise, for any operational changes, cancellations, modifications, delays, deviations, restrictions, changes to restrictions or damages incurred by customers in the event that subscription/plan purchase are unable to operate as planned as a result of the restrictions, or failure to perform services by our Partners.
4.50
Signal Emergency App reserves the right at any time to refuse service to any customer or any end users. Reasons for refusal may include but are not limited to:
4.51
If the Customer is disruptive and/or is exhibiting unruly behaviour, lacks proper documentation.
4.52
If client is beyond the age limit set for the product or as called-out by the third-party service providers.
4.53
wanted by any relevant law enforcement agency, violates any law, has a contagious disease, under the influence of alcohol, drugs or narcotics.
4.54
Has pre-existing conditions beyond the capabilities of the service of the product.
4.55
The price of any Service is the price in force at the date and time of your plan purchase/subscription. The price of any service may be changed before the completion of your subscription. We will on our part ensure that the prices displayed on the Signal Emergency Platform is accurate. However, the price on your plan will need to be validated by us as part of our acceptance procedure.
4.56
Currency rates on our Signal Emergency Platform are for reference and information purposes only. They should not be relied upon as accurate or real-time as actual rates may vary, and your payment provider (e.g., your credit card company) may charge conversion fees and apply another date’s currency rate.
4.57
Signal Emergency App will not indemnify the client for any loss of life/damage caused by the negligence or omission of the client.
4.58
Signal Emergency App will not be responsible for the submission, payment, or adjustment of an insurance/HMO claim. Any claims that fall under the relevant insurance policy must be submitted to the insurance company identified in the policy.
4.59
The Client accepts to use our platforms and other sited according to Halogen’s terms of use policy on the website: https://halogen-group.com/terms-of-use
4.60
Client may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these Terms and Conditions, and/or charge or deal in any other manner with these Terms and Conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause shall be ineffective. These Terms and Conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
4.61
All notices shall be given via our relevant emails; and
4.62
To Client via the email or postal address provided during any sign-up process.
4.63
These Terms and Conditions and your use of Signal Emergency platform shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria and you submit to the exclusive jurisdiction of Nigerian courts.
4.64
Any difference, dispute or claim arising out of or in connection with these Terms and Conditions shall first be referred by either party to mediation and where parties are unable to settle after the mediation session, refer the matter to conciliation either privately amongst the parties or in accordance with the Arbitration and Conciliation Act 1988 CAP.A18 in order to seek an amicable settlement of the dispute in good faith. The decision of the Conciliator shall be final and binding on both parties.
5. Accounts
5.1
To use the Platform and access our Service, all Users must register an ER Account (“Account”).
5.2
You can sign up for an Account using your name, phone number and email address.
5.3
You must indicate if you are registering an 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.
5.4
You must provide accurate, current and complete information during the registration process and keep your Account profile page information up to date at all times.
5.5
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.
5.6
You are liable for any and all activities conducted through your 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).
5.7
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.
6. Signal Product
6.1
Description: Signal Product is a bundled emergency response service that offers protection from medical personal accident emergencies with security threats alerts, offered on a subscription basis. It is offered in partnership with licensed Health Insurers and licensed Health Maintenance Organisations (“HMOs”) and Halogen through the Signal by ERA mobile application.
6.2
Scope of Cover: The Signal Product is provided on a tiered basis and each User shall have access to the benefits and services of the Product based on the subscribed package in accordance with the Product Packages. ERA reserves the right to alter, modify or change the scope of any or all of the tiered packages without your prior consent. Any changes, alterations or modifications in the scope of cover shall be communicated via electronic mail to existing Users.
6.3
Subscription Fees: Access to the benefits and services of the Signal Products is subject to the payment of the monthly subscription fees by the User. The applicable subscription fee is based on the preferred subscribed package in accordance with the Product Packages. ERA reserves the right to change the applicable subscription fees without your prior consent. Any changes in the subscription fees shall be communicated to existing Users through the provided electronic mail. There is no refund for the Signal Product.
6.4
Covered locations: The Signal Product is currently available and offered in limited locations. By accessing or using the Signal Product, you agree that the benefits and services of the Signal Product can only be used or accessed by you in the listed covered locations. ERA shall not be obliged to provide the benefits and services of the Signal Product in any location not listed in the covered locations.
6.5
Use of Partner Products and Services: By using or accessing the Signal Product, you acknowledge and agree as follows:
6.5.1
ERA provides the Signal Product in partnership with licensed Insurance Providers and HMOs.
6.5.2
Your subscription to a package is subject to the completion of an application and the acceptance thereof by the partner Insurance Provider or HMO.
6.5.3
As a User of the Signal Product, you may be subject to additional terms and conditions imposed by the partner Insurance Provider or the HMO which may be applicable to the specific package subscribed by you.
6.5.4
In your use of the Signal Product, you allow ERA to request any and all information relevant to your use of the Signal Product and share the information you provide to the partner insurance provider for the purposes of creating a risk profile and providing the services and benefits of the Signal Product.
6.5.5
We are not obliged to use any particular partner Insurance Provider or HMO, we reserve the right to change any partner insurance provider or HMO without notice to you. ERA is not responsible for any partner insurance provider or HMO’s solvency, the payment of claims or any other financial obligations. ERA cannot guarantee coverage may be placed despite its efforts to do so.
7. 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;
7.1
you are over the age of 18 years;
7.2
you are of sound mind and have the capacity to enter into a legally binding contract;
7.3
all personal information that you provide about yourself is accurate and true to the best of your knowledge;
7.4
you have carefully considered the risks involved with using ERA’s Services;
7.5
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
7.6
you are not breaching any laws or regulations that are applicable to you or any company, upon whose instructions you are acting.
8. Content Use
8.1
We may, at its sole discretion, enable Users to access and view any Content that we itself makes available on or through the Platform or Service, including our proprietary Content and any Content licensed or authorized for use by or through our from a third party (“ERA’s Content”).
8.2
Our Content shall include general health information, healthcare services and other information relating to ERA and ERA’s Service.
8.3
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.
8.4
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.
8.5
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 Platform, Service 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.
8.6
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.
8.7
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.
9. 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 platform 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.
10. Intellectual Property
10.1
Our App and Site with its original content, features and functionality are and will remain the exclusive property of Emergency Response Africa. Our trademarks may not be used in connection with any product or service without the prior written consent of us.
10.2
Your access to our Site and App and its content does not in any way convey or transfer any right in or to our intellectual property rights o.
11. Communications
By signing up on our Platform and App, you hereby consent to receive electronic communications from us. These communications may involve sending emails to the email address you provided when you registered your Account or delivering electronic communications via your 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.
12. Prohibited Activities
12.1
You shall not use the Platform or Service 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 Account at any time for any reason.
12.2
Users shall not utilize our Site or App for any illegal purpose.
12.3
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 Platform or Service, you will not and will not assist or enable others to:
12.3.1
breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
12.3.2
use the Platform or our 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 us;
12.3.3
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 our Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
12.3.4
use the Platform or Service to circumvent any applicable fees or for any other reason;
12.3.5
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;
12.3.6
use, display, mirror or frame any individual element within our App, name, any trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page on the s Site, without our express written consent;
12.3.7
dilute, tarnish or otherwise harm the our brand in any way, including through unauthorized use of our Content, registering and/or using our name 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 our domains, trademarks, taglines, promotional campaigns or Content;
12.3.8
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 Platform for any purpose;
12.3.9
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by us or any of our partners or any other third party to protect ERA’s Site;
12.3.10
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform;
12.3.11
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
13. Wallet Creation and Fees
13.1
As part of our services, the User has the option to create a wallet within the Platform to facilitate secure and convenient transactions.
13.2
In consideration of your use of our Platform, we will charge a Subscription fee. The Subscription fee will be set at a value and charged in a manner determined by us from time to time and you hereby agree that the fees are acceptable, and you are satisfied with the fees before you use the Platform and Services.
13.3
Payment processing services for Users on the Platform are provided by our payment service providers and are subject to the service agreement between ERA and its payment service providers. By agreeing to these terms or continuing to operate as a User on the Platform, you agree to be bound by the service agreement between us and its service providers, as the same may be modified from time to time.
14. Links to Other Websites
14.1
The Site may contain links to third-party websites or services that are not owned or controlled by us.
14.2
We have 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 we 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.
15. Termination
15.1
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.
15.2
Upon termination, your right to use the Platform and/or Site and any of our Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Platform.
16. Indemnity
You agree to indemnify and hold us harmless, 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:
16.1
your fraudulent or illegal use of the Platform and Service;
16.2
your negligence or any default by you of any of these Terms;
16.3
any inaccurate or incomplete information that you have knowingly provided to us;
16.4
you 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;
16.5
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 Platform;
16.6
use or access of or the inability to use or access our Content or Service provided on the Platform;
16.7
any fact or circumstance beyond our reasonable control ;
16.8
the performance or unavailability of our Platform, or any third-party site to which it is linked; and
16.9
any breach of privacy or security by any person or entity.
17. Disclaimer
17.1
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.
17.2
Our subsidiaries, affiliates, and its licensors do not warrant that a) the Platform will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Platform is free of viruses or other harmful components; or d) the results of using the App and the Site will meet your requirements.
18. Governing Law
17.1
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.
17.2
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.
19. Dispute Resolution
19.1
Any disputes arising under or in connection with the validity, interpretation and performance of this Terms between us 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.
19.2
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.
19.2
The Parties shall endeavour in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agreeEach party shall bear its cost in connection with the Arbitration and the arbitrator’s fees shall be split equally between both parties. 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.
20. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our 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.
21. 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.
22. Contact Us
If you have any questions about these Terms and Conditions, please contact us at contact@emergencyresponseafrica.com.
This document was last updated on August 20, 2023.
This document was last updated on August 20, 2023.