Effective Date: 16-10-2020
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Welcome to VetWiz! Your use of VetWiz mobile application, including the services VetWiz makes available; which may be accessed through or downloaded from any application store or distribution platform is governed by these terms of use (the “Terms”). Please carefully read them before using the Application. For the purposes of these Terms, “we,” “our,” “us,” and “VetWiz” refer to VetWiz and Farm Innovation Nigeria Limited.
In order to use VetWiz, you must first agree to these Terms. If you are using VetWiz on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.
BY DOWNLOADING, USING, INSTALLING, OR OTHERWISE ACCESSING VETWIZ, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS VETWIZ.
Any advice or other materials provided through the Services are intended for general information purposes only. They are not intended to be solely relied upon and are not a substitute for professional veterinary advice based on your personal circumstances. We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on or through the Services.
If you receive advice from a Veterinary doctor or other qualified Veterinary professional which conflicts with anything contained in VetWiz then the former should take precedence. Never disregard professional Veterinary advice or delay in seeking it because of something you have read through VetWiz.
VetWiz may also be used by certain Veterinary professionals and/or Animal health care providers to monitor or otherwise assist their Client’s.
In the course of creating an account for using VetWiz, you may be required to provide VetWiz with certain information, including your name, email address, username and a password (“Credentials”). You are responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify VetWiz promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify VetWiz of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify VetWiz immediately.
A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) may be made available through VetWiz (“VetWiz-Supplied Content”). While Farm Innovation Nigeria Limited strives to keep the Content that it provides through VetWiz accurate, complete, and up-to-date, VetWiz cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any VetWiz-Supplied Content.
You acknowledge that you may also be able to create, transmit, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through use of VetWiz. All such information is referred to below as “User Content”.
You agree that you are solely responsible for (and that VetWiz has no responsibility to you or to any third party for) any User Content, and for the consequences of your actions (including any loss or damage which VetWiz may suffer) in connection with such User Content. If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services.
VetWiz may refuse to store, provide, or otherwise maintain your User Content for any or no reason. VetWiz may remove your User Content from VetWiz at any time if you violate these Terms. If User Content is stored using the Services with an expiration date, VetWiz may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that VetWiz has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the Services.
VetWiz reserves the right (but shall have no obligation) to remove User Content from the Services, in its discretion.
By submitting, posting or otherwise uploading User Content on or through the application you give VetWiz a worldwide, royalty-free, nonexclusive, fully sub-licensable, and perpetual license as set below:
With respect to User Content that you submit, post or otherwise make publicly or generally available through the Services (such as postings made on VetWiz’s public forums), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such User Content (in whole or part) worldwide via VetWiz or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal purpose; and
With respect to User Content that you submit, post or otherwise make available privately via VetWiz (such as communications made to a specific user or User Content which you upload for your own personal use), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling VetWiz to provide you with the Services.
You acknowledge and agree that VetWiz own all legal right, title and interest in and to the Application and that VetWiz are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
VetWiz gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive authorization to use the application and VetWiz-Supplied Content provided to you as part of the Services on a device that you personally own or control for your own personal non-commercial or commercial use. This authorization is for the sole purpose of allowing you to utilize VetWiz as a personalized self-help system to help you improve your professional practice, in the manner permitted by these Terms.
You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of VetWiz or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Farm Innovation Nigeria Limited, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by VetWiz or any software running on VetWiz.
You may not engage in any activity that interferes with or disrupts VetWiz (or the servers and networks which are connected to the Services).
You may not access VetWiz in a manner intended to avoid incurring fees.
You may not access VetWiz for the purpose of bringing an intellectual property infringement claim against VetWiz or for the purpose of creating a product or service competitive with the Services.
You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize VetWiz in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or VetWiz, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
Use of VetWiz requires third party services and equipment such as a compatible mobile device, internet access and a telecommunications carrier. Obtaining and maintaining the equipment and services necessary to use VetWiz is your responsibility. VetWiz is not responsible for equipment defects, lack of service, dropped calls, or other issues arising from third party services or equipment. You are solely responsible for your use of those services on your mobile device and compliance with any applicable third party terms and payment of all applicable third party fees associated with any carrier service plan you use in connection with your use of those services (such as voice, data, SMS, MMS, roaming or other applicable fees charged by the carrier). You are also responsible for maintaining the confidentiality of your user identification and password used to access VetWiz. You will not disclose or share your password with third parties or use your password for any unauthorized purpose. Any unauthorized use of your user identification or password is your responsibility. If you choose to use a persistent log-in, you should lock your mobile device when not in use to avoid any breach of the security of your information and/or misuse of your identification, password or the Application. You agree not to use VetWiz to communicate in an offensive or obscene manner, or to spam, threaten, defame or harass other users. VetWiz is not in any way responsible for any such use by you or by any person using your password, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using VetWiz. VetWiz reserves the right, but does not assume the obligation, to remove any objectionable activity or language used in the Application at any time. VetWiz reserves the right, but does not assume the obligation, to not publish or to terminate any communication, or posting it determines objectionable in its sole discretion. Use of VetWiz is void where prohibited. You shall not use the Application to falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; or to intentionally or unintentionally violate any applicable local, state, national or international law. You will ensure that the information you provide to us through VetWiz is accurate and complete. We reserve the right to immediately terminate your use of VetWiz should you fail to comply with any of the foregoing.
These Services are provided in accordance with our Privacy Policy, which can be found here. You agree to the use of your User Content and personal information in accordance with these Terms and VetWiz’s Privacy Policy.
Notwithstanding anything to the contrary, if you are using the Services on behalf of an organization, you agree to permit VetWiz to identify you as a customer and to use your name and/or logo in VetWiz’s website and marketing materials.
Farm Innovation Nigeria Limited is constantly innovating in order to provide the best possible experience for users of VetWiz. You acknowledge and agree that the form and nature of which VetWiz provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of VetWiz will be effective with respect to all versions of the Apps; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to VetWiz from time to time will be subject to these Terms, unless stated otherwise.
You may terminate these Terms at any time by canceling your account on VetWiz. You will not receive any refunds if you cancel your account.
You agree that VetWiz, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that VetWiz will not be liable to you or any third party for such termination.
These Terms may be amended or updated from time to time without notice and may have changed since your last use of VetWiz or visit to the product website. You can determine when these Terms were last revised by referring to the “Last Updated” date at the top of these Terms. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using VetWiz.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF VETWIZ IS AT YOUR SOLE RISK AND THAT VETWIZ IS PROVIDED “AS IS” AND “AS AVAILABLE.”
FARM INNOVATION NIGERIA LIMITED, ITS SUBSIDIARIES AND AFFILIATES, AND ITS PARTNERS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING VETWIZ, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FARM INNOVATION NIGERIA LIMITED, ITS SUBSIDIARIES AND AFFILIATES, AND ITS PARTNERS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF VETWIZ WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT VETWIZ’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
SUBJECT TO SECTION 10 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT VETWIZ, ITS SUBSIDIARIES AND AFFILIATES, AND ITS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to hold harmless and indemnify VetWiz, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Farm Innovation Nigeria Limited and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
VetWiz may include hyperlinks to other web sites, as well as content or resources or email content provided by companies or persons other than VetWiz (“Third Party Content”). Farm Innovation Nigeria Limited has no control over such Third-Party Content.
You acknowledge and agree that Farm Innovation Nigeria Limited is not responsible for the availability of any Third-Party Content, and does not endorse any advertising, products or other materials on or made available through such Third-Party Content.
You acknowledge and agree that Farm Innovation Nigeria Limited is not liable for any loss or damage which may be incurred by you or other users as a result of your use of or reliance upon Third Party Content, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or made available through, such Third Party Content.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Farm Innovation Nigeria Limited under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.
Any maintenance and support services made available by VetWiz are at the discretion of Farm Innovation Nigeria Limited, which may initiate or cease providing maintenance and support services at any time without notice to you. You acknowledge that the App Platform Provider and your wireless carrier are not responsible for providing maintenance and support services for the Application.
VetWiz, the App Platform Provider, Distributors or other providers or their partners may collect, maintain, process and use your location data, including the real-time geographic location of your mobile device as necessary to provide the Application’s full functionality. By using or activating any location-based services on your mobile device, you agree and consent to VetWiz’s, and such parties’ collection, maintenance, publishing, processing and use of your location data to provide you with such services. You may withdraw this consent at any time by turning off the location-based feature on your mobile device or by not using any location-based features. Turning off or not using these features may impact the functionality of the Application. Location data provided by the Application is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. Location data may not be accurate. Neither VetWiz, nor such parties guarantee the availability, accuracy, completeness, reliability or timeliness of information or location displayed by the Application.
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