App Terms and Conditions
Last revision: September 1, 2019.
This NMC App Terms of Service and End User License Agreement (the “Agreement”) is a legal agreement between you individually (“You”, “Your”) and Nordic Medical Centre (“NMC”) (together the “Parties” and individually a “Party”).
BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY DOWNLOADING, INSTALLING, ACTIVATING OR USING THE SOFTWARE OR SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TERMS OF THIS AGREEMENT, PLEASE CONTACT NMC AT APP@NORDICMEDICALCENTRE.COM. IF, PRIOR TO DOWNLOADING, INSTALLING, ACTIVATING OR USING THE SOFTWARE OR SERVICES, YOU DECIDE YOU ARE UNWILLING TO AGREE TO THE TERMS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE SERVICES.
Unless the context requires otherwise, the defined terms in this Agreement shall have the meanings set out below (and where the context so admits the singular shall include the plural and vice versa).
“Activation”: The process undertaken by a Service and/or Users to notify, request and track responses.
“Author”: The author of the Services is Nordic Clinic AS, operating under the trade name Nordic Medical Centre.
“Content”: Includes, but not limited to include, all products, services, documentation, data, spatial information, layers, observations, data feeds, text, diagrams, statistics, icons, logos, avatar images, photos, video, screen snaps, notifications and information which is sourced from or submitted via a Service.
“Location Services”: All related functions in the determination, collection, communication and viewing of the spatial location (via geospatial coordinates such as latitude and longitude) of a User’s device.
“NMC”: (“We”, “us”) Nordic Medical Centre, the facility in Ethiopia operating under Nordic Clinic AS.
“Notifications”: The process and result of providing a message to a User using various messaging channels.
“Producer”: The producer of Services is Nordic Medical Centre.
“Service”: means any NMC service provided to You including any service for which You subscribe, and any new NMC service or modification to an existing NMC service that NMC provides, or otherwise makes available to You from time-to-time. The Service includes any service, however same is made available to You including through handheld devices, the NMC website, and any form of messaging including e-mail, instant messaging, SMS, phone, video, IP telephony, and any other means of telecommunication now known or later developed. NMC may change the Services or add or delete features at any time for any reason.
“Software”: Any, NMC software or application provided to You under this Agreement, in whatever form, medium or manner provided or subsequently installed or used including updates, new releases and versions. This could also be referred to as “App”, or “NMC App”.
“System Admins”: Personnel employed by or acting on behalf of the Service Producers for the purposes of running the App and related systems and processes.
“User”: Any person that utilizes a Service or Content from a Service.
The Service is available only to individuals who are at least 13 years old and have otherwise achieved the age of majority in the applicable jurisdiction so as to be able to legally enter into this agreement. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration and other information you submit or provide to NMC is accurate and truthful. NMC may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. If you are not of the age of majority, this agreement can only be entered into on your behalf by your parent or other person who is lawfully entitled to give consent on your behalf. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions. The user may terminate use of the NMC App at any time. This can be done by deleting the App from the device, or by contacting NMC directly.
The Services are intended for use only in the countries and territories listed as follows: Ethiopia. You agree that the Services and Software shall not be used in, transferred, imported, and exported to another country.
This Agreement shall be effective upon Your agreeing to be bound by the terms of this Agreement (as described in the preamble above) and shall continue in effect unless terminated in accordance with the provisions set out herein.
The Software may include functionality to automatically check for updates or upgrades to the Software. You hereby agree that the NMC App may make such updates or upgrades available to You from time-to-time. Such updates or upgrades shall be subject to the Terms and Conditions of this Agreement unless the Software or Service is expressly provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions, shall apply.
7. Software License
The Software is licensed and not sold to You. This Agreement grants You a personal, revocable, non-exclusive, non-transferable license that permits You to use the Software on the make and model of the handheld device for which it is supplied solely in connection with the Services, and to access the Services, and for no other purposes. You may not copy, reproduce or distribute the Software. You will not sell, rent, lease, or transfer, or attempt to sell, rent, lease, or transfer, the Software or Your entitlement to use the Services.
8. Use of the Software and Services
The Service is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. You shall not (and shall not permit any third party to) (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Services that: (i) infringes any patent, trademark, trade secret, right in confidential information, copyright, right of publicity or other right of any other person or entity (and “Intellectual Property Right”), (ii) violates any law or contractual duty or that You know is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or otherwise inappropriate as determined by NMC in its sole discretion; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (v) involves commercial activities and/or sales without NMC’s prior written consent; (vi) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of NMC’s or any third party; (vii) or impersonates any person or entity, including any employee or representative of NMC.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by NMC in its sole discretion) an unreasonable or disproportionately large load on the NMC’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures NMC may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); or (iv) run any form of auto-responder or “spam” on the Service. You also agree that You will only use the Software and Services in accordance with this Agreement and all applicable laws.
Furthermore, 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 from any part of the Software or Service, or (ii) modify, translate, or otherwise create derivative works of any part of the Software or Services. You shall abide by all applicable local, national, and international laws and regulations.
9. Feedback and Suggestions
NMC wishes to continually get better and expand its Services. NMC welcomes any ideas, suggestions, or feedback, related to its Software or Services or for upgrades, updates, improvements, new features or functions thereto (“Ideas”). If you provide NMC with any Ideas, whether orally, in writing, or in any other way, you grant NMC a non-exclusive, worldwide, royalty-free, sub-licensable and non-revocable license to develop, make, have made, reproduce, have reproduced, import, modify, make derivative works of, sell, and offer to sell Ideas as part of NMC’s technology, products or services. You shall not knowingly provide NMC with any Ideas that are subject to third party intellectual property rights or that include or reveal any confidential information of any person.
10. Telecommunications Services
NMC has no responsibility for providing You with connectivity to the internet, wireless access, or any other telecommunications services necessary for You to receive or interact with the Software or Services.
There is no fee associated with downloading the NMC App.
12. Service Termination or Suspension
If You breach this Agreement, NMC may terminate or suspend this Agreement and/or immediately cease to provide the Service without any liability whatsoever by providing You with a notice. Upon termination of this Agreement, (i) You will cease all use of the Software, and if possible, delete all copies of the Software in Your possession or control, and (ii) NMC will also have the right to cease all Services to You. NMC may also temporarily suspend the Services where required by law, in the case of security threats or violations, for service maintenance or repair, or for any other reasons deemed necessary or desirable by NMC.
EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, EACH SERVICE IS PROVIDED OR MADE ACCESSIBLE “AS IS” AND “AS AVAILABLE”, WITHOUT CONDITION, ENDORSEMENT, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND BY NMC. NMC DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF ANY SERVICE, CONTINUED AVAILABILITY OF ANY SERVICE, OR THAT ANY MESSAGES, CONTENT OR INFORMATION SENT BY OR TO YOU WILL BE ACCURATE, TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NMC ARISING FROM OR RELATED TO THIS AGREEMENT, SOFTWARE, OR SERVICES EXCEED THE AMOUNT PAID BY YOU FOR THAT PORTION OF THE SOFTWARE OR SERVICE THAT GAVE RISE TO THE CLAIM.
14. Exclusion of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, IN NO EVENT SHALL NMC BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR AGGRAVATED DAMAGES, DAMAGES RELATED TO OR ARISING FROM PERSONAL INJURIES OR DEATH, MEDICAL OR HEALTH COSTS OR EXPENSES, OR MENTAL DISTRESS, DAMAGES FOR LOSS OF PROFITS OR REVENUES, LOSS OF INFORMATION, CORRUPTION OR LOSS OF DATA, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE OR SERVICES INCLUDING THE USE OR INABILITY TO USE, PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE OR SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF NMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NMC SHALL BE LIABLE TO YOU ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT, OR OTHERWISE TO YOU INCLUDING ANY LIABILITY FOR NEGLIGENCE OR STRICT LIABILITY. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY: (A) IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY YOU INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN; AND (B) TO NMC AND ITS AFFILIATED COMPANIES, THEIR SUCCESSORS, ASSIGNS, AGENTS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND INDEPENDENT CONTRACTORS.
NMC IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE NMC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND EXCLUSIONS SET FORTH IN THIS AGREEMENT CONSTITUTE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH DISCLAIMERS AND EXCLUSIONS, THE FEES AND OTHER TERMS IN THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE, IN NO EVENT SHALL ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS OF NMC, OR ANY DISTRIBUTORS, SUPPLIERS, INDEPENDENT CONTRACTORS, CUSTOMERS, PARTNERS OR ORGANIZATIONS THAT WORK WITH NMC IN CONNECTION WITH THE SERVICES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY AFFILIATES OF NMC HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, THE SOFTWARE OR THE SERVICES.
15. Force Majeure
Notwithstanding any other provision of this Agreement, neither Party shall be in default or breach of this Agreement for failure to fulfill its obligations when due to or contributed by causes beyond its reasonable control. An act of Force Majeure shall be deemed to include: an act of God such as without limitation a fire, flood, earthquake, epidemic, volcanic eruption, adverse weather conditions, storm, hurricane or other natural disaster, a strike, lock-out, labour dispute; war, invasion, act of foreign enemy hostilities (whether war has been declared or not), civil war rebellion revolution insurrection or military or usurped power, terrorism, act of sabotage, civil disturbance, blockade, riot, civil commotion, malicious damage, interruption or failure of electricity, power supply, interruption or failure of the internet or other telecommunication facility, network or means of telecommunication, computer virus, or bug, third party computer infiltration, attack by a hacker, governmental restriction, or any other act or circumstance that materially increases or affects the risk or danger to the health or safety of members of the public.
You shall defend, indemnify, and hold harmless NMC, its affiliates and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to Your use or misuse of, or access to, the Services or Software or Your breach of this Agreement.
NMC shall not be liable for any default or delay in the performance of its obligations under this Agreement to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, delays in the operation of any network or system, or governmental action. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. NMC’s affiliates and its affiliates’ employees, contractors, directors, suppliers and representatives are intended third party beneficiaries for the purpose of the Sections of this Agreement entitled, “Exclusion of Certain Damages”, and “Disclaimers”. Except as otherwise specifically stated in this Section, the provisions herein are for the benefit of the Parties and not for any other person or entity. The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof shall so survive the completion of performance, cancellation or termination of this Agreement. To the extent any provision or portion thereof of this Agreement is determined to be illegal, invalid or unenforceable by a competent authority in any jurisdiction, then such determination of that provision or portion thereof will not affect: (a) the legality, validity or enforceability of the remaining provisions of this Agreement; or (b) the legality, validity or enforceability of that provision in any other jurisdiction, and that provision (or portion thereof) will be limited if possible and only thereafter severed, if necessary, to the extent required to render the Agreement valid and enforceable.
18. Governing Law
This Agreement is to be governed by and construed under the laws of Ethiopia. Any disputes, controversy or claim arising out or relating to this agreement shall be settled through negotiation between the two parties. Disputes that cannot be settled amicably by both parties shall be submitted to an arbitration tribunal established by the parties. If this fails to result in settlement the matter shall be referred to the Ethiopian court of law.
19. Entire Agreement
This Agreement supersedes any prior or contemporaneous provisions, understandings, communications, representations, warranties, undertakings, collateral agreements and agreements between the Parties, whether oral or written, with respect to the subject matter hereof, and You acknowledge that You have not relied on any of the foregoing in agreeing to enter into this Agreement.
20. Changes to Agreement
Except to the extent that NMC is expressly precluded by applicable law, NMC further reserves the right to make changes to this Agreement either to reflect changes in business practices, or to reflect changes in or required by law, by providing You with reasonable notice of the change either electronically or by posting notice of the change at www.nordicmedicalcentre.com/app-terms-and-conditions. If You continue to use the Software and/or the Service more than thirty (30) days after notice of the change has been given or You do not contact firstname.lastname@example.org thirty (30) days after notice of the change has been given to inquire as to Your options, You shall be deemed to have accepted this change.
21. Additional Terms applicable to Software for Apple Handheld Devices
(a) Acknowledgement: The Parties acknowledge that this Agreement is concluded between us only, and not with Apple and that Apple has no responsibility for the Software or Service. Further, nothing herein abrogates or reduces Apple’s Usage Rules for the Software or is intended to conflict with, the App Store Terms of Service as of the Effective Date.
(b) Scope of License: The license granted to you for the Software for use on Apple products is limited to a non-transferable license to use the Software on any iPhone or iPod touch that You own or control and as permitted by Apple’s Usage Rules set forth in the App Store Terms of Service.
(c) Maintenance and Support: The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software or Service.
(d) Product Claims: The Parties acknowledge that Apple is not responsible for addressing any claims of You or any third party relating to the Software or Your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation.
(e) Intellectual Property Rights: The Parties acknowledge that, in the event of any third party claim that the Software or Your possession and use of that Software infringes that third party’s intellectual property rights, that Apple will not be responsible for the investigation, defence, settlement or discharge of any such intellectual property infringement claim.
(f) Third Party Beneficiary: The Parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof, as it relates to the rights and benefits conferred upon Apple hereunder.
22. Contact information
The NMC App is owned and operated by the Nordic Medical Centre.
Our principal place of business is at:
Office address: Bole Sub City, Kebele 01, House number 1244, Addis Ababa, Ethiopia.
Postal address: Nordic Medical Centre, P.O.Box 18715, Addis Ababa, Ethiopia.
+251 913818801/+251 939810618
NMC App – Terms and Conditions: www.nordicmedicalcentre.com/app-terms-and-conditions
You can contact us via email at email@example.com with the subject line clearly stating “NMC App”, or contact our NMC App team directly at firstname.lastname@example.org.