Terms
TERMS OF USE (“TERMS”)
Please read these terms carefully before accessing or using our platform. ACKNOWLEDGMENT
This Terms of Use constitutes a legal agreement between you (“you” or “User”) and SH:24 CIC a UK based, digital sexual and reproductive healthcare organization. SH:24 is commissioned by the Global Fund to provide technical assistance as part of its DSD-SI Grant to Nigeria. SH:24 is providing technical assistance to the Ministry of Health (The National AIDS and STI Control Program – NASCP) alongside APIN Public Health Initiatives (APIN) in order to support the scale-up and rollout of HIV self-testing using virtual services.
These terms governs the use of this Platform and the agreement that operates between you and SH:24. These terms set out the rights and obligations of all users regarding the use of the Platform.
Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms of Use. These Terms apply to all visitors, users and others who access or use the Platform.
By accessing or using the Platform, you agree to be bound by these Terms of Use. If you disagree with any part of these Terms of Use then you may not access the Platform.
You represent that you are over the age of 18.
Your access to and use of the Platform is also conditioned on your acceptance of and compliance with the Privacy Policy of the SH:24. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal data when you use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.
SH:24 may at any time terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.
These Terms of Use, together with the privacy policy available at XX (“Privacy Policy”) and the rules, policies, terms outlined in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement”.
DESCRIPTION OF OUR SERVICE
SH:24 offers testing for HIV through an oral fluid-based test that is conducted by the user personally. The service offers self-testing with only test kits that have been evaluated by the relevant government agencies and approved by the Federal Ministry of Health (FMOH).
You are to request our services via our Self-test.hiv platform, provide answers to our questions and we provide our services after our consideration through our delivery subcontractors or any means approved by us and communicated to you.
RESTRICTIONS
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the service or make the platform available to any third party.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the platform.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of or its affiliates, partners, suppliers or the licensors of the platform.
REPRESENTATIONS AND WARRANTIES
By using this Platform, you represent and warrant that:
- you are at least 18 years old, and that you are capable of entering into binding contracts; and
- you have the right, authority and capacity to enter into this Agreement and to abide by the terms of this Agreement, and that you will so abide.
SH:24 assumes no responsibility for liabilities related to age misrepresentation.
REGISTRATION AND USER ACCOUNT
As a user of this platform, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and for maintaining the safety and security of your identifying information. You are also responsible for all information you provide and your conduct during the usage of our platform.
If you think there are any possible issues regarding the security of our platform, inform us immediately so we are dedicated to addressing them accordingly.
No User account is required for our platform.
We reserve all rights to edit or remove content and cancel usage or order at our sole discretion.
USAGE OF OUR PLATFORM
Our platform is made available free of charge.
We do not guarantee that our platform, or any content on it, will always be available or be uninterrupted. Access to our platform is permitted temporarily. We may suspend, withdraw, discontinue or change all or any part of our platform without notice. We will not be liable to you if for any reason our platform is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our platform.
You are also responsible for ensuring that all persons who access our platform through your device are aware of these terms of use and other applicable terms and that they comply with them.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
SH:24 have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
AMENDMENT TO TERMS OF USE
SH:24 may amend the Terms related to the platform from time to time. Amendments will be effective upon SH:24’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable platform. Your continued access or use of the platform after such posting constitutes your consent to be bound by the Terms, as amended.
FEEDBACKS AND SUGGESTIONS
Any feedback, comments, ideas, improvements, or recommendations (collectively, “Suggestions”) that you give to us in relation to the service will be our full and exclusive property. We are free to use, copy, alter, publish, or disseminate the Suggestions for any purpose and in any way, we see fit, without giving you any credit or compensation.
PRIVACY POLICY
Our collection and use of personal information in connection with the platform is as provided in SH:24’s Privacy located at XXX.
You consent to the collection, use, sharing, transfer to a foreign country and storage of your data as outlined in the Privacy Policy as updated from time to time.
CHANGES TO OUR TERMS OF USE
You acknowledge and agree that we may stop (permanently or temporarily) providing the service (or any features within the service) to you or to users generally at our sole direction, without prior notice to you. You may stop using the service at any time. You do not need to specifically inform us when you stop using the platform.
You acknowledge and agree that if we disable access to your account, you will be unable from accessing the platform, your account data or any files or other materials stored on the platform. If we decide to change our Terms of Use, we will post those changes on this page, and/or update the Terms of Use on the platform.
MODIFICATION TO OUR PLATFORM
We reserve the right, with or without notice and without liability to you, to change, suspend, or discontinue the service or any service to which we offer (temporarily or permanently).
NON-DISCLOSURE
During the Term of this Agreement, we and you agree to maintain all Confidential Information in confidence to the same extent that it protects its similar Confidential Information, but in no event using less than reasonable care, and to use such Confidential Information only as permitted under this Agreement. We and you agree to only disclose the Confidential Information to a third party: (a) with a need to know and permit further uses of such information; and (b) consultants, Nigeria Ministry of Health, Global Fund Differentiated Service Delivery (DSD) implementing Partners, advisors, agents, vendors, etc. who are informed of the non-disclosure/ non-use obligations imposed under this provision.
THIRD-PARTY SERVICES
Third-party content (including data, information, applications, and other products and services) may be displayed, included, or made available, and we may provide links to third-party websites or services. You acknowledge and agree that we are not responsible for any third-party services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and will not have any liability or responsibility for any third-party services to you or any other person or entity. Third-Party Services and links to them are given purely for your convenience, and you access and use them at your own risk and according to the terms and conditions of the third party.
INTELLECTUAL PROPERTY
Our platform, as well as all of its contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement of such material), are owned by us, our licensors, or other providers of such material, and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Unless and except as specifically specified in these Terms of Use, the material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without our express prior written permission. It is forbidden to utilize the material in an illegal manner.
TERMINATION
This Agreement will continue in effect until either you or we terminate it. We may suspend or cancel this Agreement at any time and for any cause, with or without notice, at our sole discretion. If you fail to comply with any aspect of this Agreement, this Agreement will automatically terminate without notice from us. You can also end this agreement by removing the platform and/or its copies from your computer/mobile device. You must stop using the platform and erase all copies of the platform from your computer/mobile device if this Agreement is terminated. If you break any of your obligations under this Agreement during the period of this Agreement, termination of this Agreement will not affect any of our rights or remedies at law or in equity.
NOTICE OF DISPUTE
If you or we have a disagreement, you or we must give the other a Notice of Dispute, which is a written statement that includes the party’s name, address, and contact information, the circumstances that led to the disagreement, and the relief sought. Any Notice of Dispute must be sent by email to: If we know your address, we will mail you a Notice of Dispute; otherwise, we will send it to your email address. Within thirty (30) days of receiving the Notice of Dispute, you and us will endeavor to resolve any dispute through informal negotiation. You or we may initiate arbitration after thirty (30) days.
DISPUTE RESOLUTION
If you and us fail to resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or magistrate. Any dispute relating in any way to your visit to this platform or usage shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria 2004. The venue of arbitration shall be the Federal Capital Territory, Abuja and you consent to exclusive jurisdiction and venue of such courts. You consent to the finality of the decision of the arbitrator. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party. Either party may seek any interim or preliminary injunctive relief fall legal, accounting, and other costs, fees, and expenses incurred shall be borne by the non-prevailing party.
APPLICABLE LAWS
By accessing this platform, you agree that the laws of the Federal Republic of Nigeria will govern these terms of use, or any dispute of any sort that might come between SH:24 and you, or its business partners and associates.
INDEMNIFICATION
You agree to indemnify SH:24 and its affiliates and hold SH:24 harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our legal counsel.
LIMITATION OF LIABILITY
You agree that the use of this platform is of your free will. To the fullest extent permitted under applicable law, in no event shall we be liable to you personally for any loss, injury or damages (including but not limited to any special, indirect, consequential or punitive damages, lost profits, lost revenues or other incidental damages) arising out of the use, inability to use, or the results of the use of the platform.
WAIVER
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these terms shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under these terms preclude further exercise of that or any other right granted herein. In the event of a conflict between these terms and any applicable purchase or other terms, the terms of this Agreement shall govern.
SEVERABILITY
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms. However, you may not transfer your rights or obligations under these Terms.
No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.
HOW WE MAY CONTACT YOU
Our Services may require one of our clinicians to contact you. If we have to contact you, we will do so by telephone or text or by writing to you at the email address or postal address you provided to us in your request for Services.
HOW TO CONTACT US
If you have any questions about these Terms of Use, you can contact us: Email: admin@self-test.ng or
Visit this page on our website: http://www.self-test.hiv/nigeria