ManageAm

1. GENERAL

1.1. By installing the ManageAm Application (as defined below), you agree to be bound by these terms of use (App Terms). Please review them carefully before installation and/or acceptance.

1.2. Depending on the version of the Application you have downloaded, these App Terms incorporate Apple's or Google Android's terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.

1.3. We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this Application, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the Application.

2. DEFINITIONS

In these Terms and Conditions of Use, the following terms shall have the following meanings, except where the context otherwise requires:

2.1. "Account" means an account created by a User on the Application as part of Registration.

2.2. "Privacy Policy" means the privacy policy set out in Clause 15 of these Terms and Conditions of Use.

2.3. "Disclaimer Policy" means the disclaimer policy set out in Clause 16 of these Terms and Conditions of Use.

2.4 "Register" means to create an Account on the Mobile Application and "Registration" means the act of creating such an Account.

2.5. "Services" means all the services provided via the Application to Users, and "Service" means any one of them,

2.6. "Users" means users of the Application, including you and "User" means any one of them.

2.7. The “Application” shall mean the software that provides awareness and education on diabetes management. It serves as a repository and a tool for the management of diabetes. It also educates subscribers on diabetes medication, dietary and nutrition management with alerts, reminders and daily wellness tips to support diabetes selfmanagement. The “Application” also provides a platform where subscribers can engage with one another on diabetes self-management matters.It enables subscribers keep track of their progress on a daily basis with daily self-management tips on diet, fitness activities, blood glucose monitoring and lifestyle changes. This definition includes the two versions on Apple iOS and Android OS devices and any upgrades from time to time including any other software or documentation which enables the use of the Application.

3. DATA PROTECTION

Any personal information you supply to us when using the Application will be used in accordance with our Privacy Policy.

4. LICENCE

4.1. We hereby grant you a non-exclusive, non-transferable, revocable licence to use the Application for your personal, non-commercial use and only on an Apple or Android device as permitted by the applicable Platform Terms and in accordance with these App Terms. All other rights in the App are reserved by use in accordance with these terms and conditions.

4.2. You acknowledge that where you use services provided by Apple or Google (or any other third parties) in connection with your use of the App, you will be subject to Apple’s, Google's (or the applicable third party's) terms and conditions and privacy policy and you should ensure that you have read such terms.

5. CONDITIONS OF USE

5.1. The use of these Services and/or the Mobile Application is subject to these Terms and Conditions of Use.

5.2. The Application is currently made available to you free of charge for your personal, noncommercial use. We reserve the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these terms and conditions, at any time and for any reason.

5.3. The provision of the Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Application.

5.4. You acknowledge that the terms of agreement with your respective mobile network provider ('Mobile Provider') will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

5.5. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

5.6. We reserve the right to prevent you using the Application (or any part of it thereof).

5.7. You will not, nor allow third parties on your behalf to:

5.7.1. attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or

5.7.2. create derivative works of the Application of any kind whatsoever.

5.8. By inputting any information on the Application, you represent that you are the owner of the information, or have proper authorization from the owner of the information to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the information to promote the Application and any other product or service.

6. PROHIBITED USES

6.1. You agree not to use the App in any way that:

is unlawful, illegal or unauthorized
is defamatory of any other person
is obscene or offensive
promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringes any copyright, database right or trade mark of any other person
is likely to harass, upset, embarrass, alarm or annoy any other person;
is likely to disrupt our service in any way; or
advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

7. USER WARRANTY

7.1. You agree to and shall abide by the terms and conditions of these App Terms, as may be amended from time to time.

7.2. You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.

7.3. Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile Application:

to send or receive any material which is not civil or tasteful
to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party in any country in the world;
to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
to cause annoyance, inconvenience or needless anxiety;
to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
for a purpose other than which we have designed them or intended them to be used;
for any fraudulent purpose;
other than in conformance with accepted Internet practices and practices of any connected networks;
in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or
in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.

7.4. Without limitation, you further undertake not to or permit anyone else to:-

furnish false data including false names, addresses and contact details;
attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks;
execute any form of network monitoring which will intercept data not intended for you;
extract data from or hack into the Application;
use the Application in breach of these Terms and Conditions of Use;
engage in any unlawful activity in connection with the use of the Application; or
engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Application.

8. PROPRIETARY RIGHTS

8.1. All trademarks, copyrights, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned directly by Diekola A. Sulu.

8.2. The ManageAm name and logo, and other graphics and logos used in connection with the App are the copyright of Diekola A. Sulu. All marks may not be copied, imitated or used, in whole or in part, without the prior written permission of the owner. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Diekola A. Sulu.

8.3. All editorial content, information, photographs, illustrations, artwork and other graphic materials, names, logos and trade marks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us.

8.4. Nothing contained on the Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Application without our written permission. Misuse of any trademark or any other content displayed on the Mobile Application is prohibited.

8.5. We will not hesitate to take legal action against any unauthorised usage of our trademarks, name or symbols. All rights not expressly granted herein are reserved.

9. AVAILABILITY

9.1. This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. We will use reasonable efforts to make the Application available at all times. However, you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside our reasonable control.

9.2. We do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.

9.3. We will not be responsible for any support or maintenance for the Application.

10. DAILY GLUCOSE METRE TRACKER

10.1. The user has the responsibility of inputting the right numbers. All advices, information, suggestions, recommendations, and tips will be given based on information provided by user.

11. MEAL/DIET GUIDE

11.1. Our diet guide is specified in accordance with global best practice for diabetic patients. We do not accept responsibility for how, when and where the meal is prepared. We do not guarantee that our meal/diet guide will improve your health condition.

12. REMINDER & ALERTS

12.1. You will receive alerts and reminders in accordance with the timing inputted by you. We do not accept responsibility to prompt you to take your tests or medications ad infinitum.

12.2. We do not accept any responsibility whatsoever for delay or unavailability of reminders and alerts, or any difficulty or inability to access any part of the Application or any other communication system failure.

13. DIABETES FORUM

13.1. All discussions, recommendations, suggestions, advices, tips and information shared on this forum are strictly between users of the Application. You acknowledge that these discussions, recommendations, suggestions, advices, tips and information are not from professionals who are obliged to you in any manner whatsoever.

13.2. We do not accept responsibility for any discussion, recommendation, suggestion, advice, tip and or information shared on this forum; neither shall we be liable for or to any user for utilising such discussion, recommendation, suggestion, advice, tip and or information.

14. MEDICATION TRACKER

14.1. Medication tracker is strictly limited to diabetes medication. The medication pane will be updated regularly to include new medications.

14.2. We reserve the absolute right to determine what medications to be listed on the platform and when and how they will be so listed.

15. HEALTH PROFILE TRACKER

15.1. The responsibility is on the user to input the right numbers. All advice will be given based on numbers provided by the user.

16. SYSTEM REQUIREMENTS

16.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').

16.2. The Software Requirements are as follows: Apple iOS devices running --------------, and Android OS devices running Android OS ------------ up to OS ----------; Language: English.

16.3. The version of the Application software may be upgraded from time to time to add support for new functions and services.

17. SUSPENSION & TERMINATION

17.1. We may terminate use of the Application at any time without giving notice of termination to you.

17.2. If you (or anyone other than you) use(s) the Application in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or the Application.

17.3. If we suspend the Services or Application, we may refuse to restore the Services or Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.

17.4. Without limitation to anything else under this Clause, we shall be entitled immediately or at any time (in whole or in part) to:

suspend the Services and/or Application;
suspend your use of the Services and/or Application; and/or
suspend the use of the Services and/or Application for persons we believe to be connected (in whatever manner) to you, if:
- you commit any breach of these Terms and Conditions of Use;
- we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

17.5. Our rights under this Clause shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

17.6. In the event of your breach of these App Terms, we will be entitled to terminate the User Licence immediately.

17.7. Upon any termination,

the rights and licenses granted to you herein shall terminate;
you must cease all use of the Application immediately.

18. INDEMNIFICATION

18.1. You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of

18.1.1. your use of the Application,
18.1.2. any other party’s use of the Application using your user ID, and/or
18.1.3. your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

18.2. You acknowledge that all information, advice, tips, suggestions, recommendations or instructions received from the Application are due to the numbers inputted by you. You hereby indemnify us for whatever damage caused to your health resulting from information, advice, tips, suggestions, recommendations or instructions received from the Application.

18.3. You hereby indemnify us for any breach of these App Terms. We reserve the right to control the defence and settlement of any third party claim for which you indemnify us under these App Terms and you guarantee maximum cooperation with us in exercising such rights.

18.4. You acknowledge and accept that you place reliance on information, advice, tips, suggestions, recommendations or instructions received from the Application at your own risk.

18.5. You acknowledge and accept that use of this Application does not guarantee wellbeing, relief or treatment of your health condition.

18.6. You acknowledge and accept that this Application does not act as replacement for consulting a medical doctor.

18.7. You acknowledge and accept that information, advice, tips, suggestions, recommendations or instructions received from the Application is not necessarily superior to that received from your healthcare consultant or vice versa.

18.8. You further acknowledge and accept that the Application has no human element whatsoever, and works strictly based on information supplied to it. You acknowledge therefore that the Application cannot decipher special conditions or needs and/or make recommendations thereto.

19. LIMITATION OF LIABILITY

19.1. In no event will we be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.

19.2. We are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.

19.3. We are not liable for any damage or alteration to your health condition as a result of your reliance on information, advice, tips, suggestions, recommendations or instructions received from the Application.

19.4. Nothing in these Appterms shall render us liable for death or personal injury caused by negligence, or fraudulent misrepresentation or use of information, advice, tips, suggestions, recommendations or instructions received from the Application.

19.5. To the fullest extent permitted under applicable law, in no event shall we be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.

19.6. We shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.

19.7. We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

19.8. In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall our liability arising under or in connection with these App Terms and your use of the App exceed NGN500.

20. AMENDMENTS

20.1. We may periodically make changes to the contents of the Application at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Application.

20.2. We reserve the right to amend these Terms and Conditions from time to time without notice. The revised Terms and Conditions will be posted on the Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

21. PRIVACY POLICY

21.1. Access to the Application and use of the Services offered on the Application by is subject to this Privacy Policy. By accessing the Application and by continuing to use the Services offered, you are deemed to have accepted this Privacy Policy, and in particular, you are deemed to have consented to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy. We reserve the right to amend this Privacy Policy from time to time. If you disagree with any part of this Privacy Policy, you must immediately discontinue your access to the Application and your use of the Services.

21.2. As part of the normal operation of our Services, we collect, use and, in some cases, disclose information about you to third parties. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of your personal information when you use the Services on the Mobile Application:-

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

22. DISCLAIMER POLICY

22.1. To the maximum extent permitted by law, and for the avoidance of doubt, we hereby disclaim all implied warranties with regard to the Application. The Application and software are provided "as is" and "as available" without warranty of any kind, express or implied.

22.2. In particular, we do not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content. All calories, sugar level, or other related information is based on information provided by you and such data, and other content on the App, may be out of date and we make no commitment to update it.

22.3. To the fullest extent permitted by applicable law, we hereby exclude all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.

22.4. Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.

22.5. We do not warrant that your use of the Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that, we will try to allow uninterrupted access to the Application. Access to the Application may be suspended, restricted or terminated at any time.

22.6. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at contact@sh-ei.org.

22.7. We do not give any warranty that the Application is free from viruses or anything else which may have a harmful effect on any technology.

22.8. We reserve the right to change, modify, substitute, suspend or remove without notice any information or services on the Application from time to time. Your access to the Application may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or service from the Application at any time.

22.9. We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.

22.10. To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Application and its contents, including in relation to any inaccuracies or omissions in the Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.

22.11. We do not warrant that the Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Application will not be affected by any acts of God or other force majeure events.

22.12. While we may use reasonable efforts to include accurate and up-to-date information on the Application, we make no warranties or representations as to its accuracy, timeliness or completeness.

22.13. You acknowledge that number of calories provided in the meal guide are approximate and do not represent exact calorie amount in food as cooking methods are different.

22.14. We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Application and the services offered in the application, your access to, use of or inability to use the application, reliance on or downloading from the application, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

22.15. We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Application and these Terms and Conditions. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

22.16. Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Application, or electronic mail transmitted to and from us, will not be monitored or read by others.

22.17. The App is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the App. THE APP IS IN NO WAY TO BE CONSIDERED OR USED AS A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE.

23. GOVERNING LAW AND JURISDICTION

23.1. The Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing and using the Application, you agree that these App Terms shall be governed by the laws of the Federal Republic of Nigeria and the parties submit to the exclusive jurisdiction of the courts of the Federal Republic of Nigeria to resolve any dispute between them arising under or in connection with these App Terms.

23.2. If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

MANAGEAM (MOBILE APPLICATION) TERMS & CONDITIONS OF USE