TERMS OF USE
1. Welcome to Kaci
1.1 Welcome to Kaci. The following Terms of Use (hereinafter referred to as “Terms of Use”) form part of the agreement between you and Kaci App and WhatsApp Chatbot (hereinafter referred to as “Kaci”, “we”, “our” or “us”), the operator of a platform that gives you, (hereinafter referred to as “you”, “your” or “User”), access to our Mobile Application, WhatsApp Chatbot and any related services. The. Kaci Mobile Application and META WhatsApp Chatbot offers many features such as the following: TravelSafe, Ambulance, Climate, InfoBank, Suggestion, Feedback, Press Releases among others.
PLEASE NOTE THAT THE KACI MOBILE APPLICATION AND CHATBOT DOES NOT PROVIDE SECURITY SERVICES OR AMBULANCE SERVICES. PLEASE SEEK THE ADVICE OF A MEDICAL PROFESSIONAL FOR THE BEST AMBULANCE SERVICE PROVIDER OR THE REQUIRED GOVERNMENT AGENCY IF NEED BE . IN CASE OF AN EMERGENCY, YOU SHOULD CONTACT THE EMERGENCY SERVICES OF YOUR COUNTRY IMMEDIATELY. ALWAYS CONSULT YOUR DOCTOR OR ANOTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING ANY MEDICAL ISSUES. YOU SHOULD NEVER DISREGARD A DOCTOR’S PROFESSIONAL ADVICE OR CANCEL AN APPOINTMENT WITH A DOCTOR BECAUSE YOU ARE RELYING ON INFORMATION YOU HAVE READ IN THE KACI CHAT BOT. THE KACI MOBILE APPLICATION AND CHATBOT CAN ONLY USE THE INFORMATION PROVIDED TO IT AND INFORMATION ALREADY AVAILABLE ONLINE TO MAKE CERTAIN INFORMATION AND SERVICES AVAILABLE TO YOU.
This privacy policy explains to you the personal information we collect, how we use and share that information, and the ways in which you can control how we use and share that information. It informs you what information the Healthcare Professionals or other member can see when you use our Sites and Services. It informs you of your rights and choices with respect to your personal information and how you can contact us should you have any questions or concerns.
1.3 Kaci is operated by FactCheck Initiative (FCI), a registered non-governmental development organization registered in Nigeria with registration number CAC/IT/NO 130560; focused on checking factual accuracy, sensitizing and proffering solutions to combat misleading news, stories, agendas or manifestos across the continent and the world.
1.4 If you wish to contact us, please email our Customer Service team at [email protected].
1.5 You must be at least 10 years old if you wish to use the App. However, if you are under 13 years old, usage of Kaci and your agreement to these Terms of Use requires the consent of your legal guardian.
1.6 Your use of the full functionality of Kaci requires your agreement to be bound by these Terms of Use. If you do not agree to these Terms of use, you may not use or access any part of the Kaci Chat bot and mobile application.
1.7 Contract language is English but the Mobile Application is available in 9 languages which are English, Arabic, French, Chinese, Igbo, Hausa, Portuguese, Yoruba and Pidgin.
2. The legal relationship between you and Kaci
2.1 These Terms of Use apply to the use of Kaci and contain the terms governing your use of the App. It is important that you have read and understood the present Terms of Use in conjunction with our Privacy Policy before using the App. If you have difficulty understanding any aspect of these documents, please contact us at [email protected] and we can explain what it means for you.
2.2 You may only use Kaci if you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not create a User account on the app.
3. Information we collect about you
3.1 Protecting your privacy and any data relating to you (hereinafter referred to as “Personal Data”) is immensely important to us. For that reason, any of your Personal Data generated by the use of Kaci will only be collected, stored and processed by us in compliance with the relevant General Data Protection Regulations. Please read our Privacy Policy to understand how, and for what purposes, we collect and use your information to provide you with the best possible service.
3.2 You hereby grant us the perpetual, worldwide, transferable, and sublicensable right to use data, which we have anonymized in line with applicable data protection law, in any manner, whether currently known or unknown. You acknowledge and accept that we own all right, title and interest in and to any data derived by us from such anonymized data.
4. Kaci’s Services
4.1 Kaci offers you information that empowers you to be aware of news and to confirm information on the internet, which means it uses information that is already available to the public. Kaci Mobile Application can also alert dependants (emergency contacts).
4.2 Kaci is provided to you free of charge on via the App and WhatsApp.
4.3 Please be aware that we provide Kaci solely for information purposes. It is not to be considered an expert on security or help services.
4.4 Kaci does NOT find information that is not already generally accessible online.
4.5 Ultimately, if you do have any medical issues related to the information that you entered into Kaci, you are responsible for whether or not you decide to use the ambulance service and/or seek other medical service providers.
4.6 Kaci is not a weather app, betting app, neither does it have any predictive capabilities.
4.7 The Kaci Chatbot works on WhatsApp and not on Instagram, Facebook or any other social media platform. Kaci will NOT function without internet connection on WhatsApp.
5. Monthly Carbon Footprint usage
It is important for individuals to help, and one of the ways to achieve this is by knowing how much carbon one contributes. One can calculate their own carbon emission; this is one of the benefits we offer. Through our app and partner websites we provide a free-of-charge platform to calculate your personal CO2. You can customize your search to know your daily, weekly, monthly and yearly emission. With a simple questionnaire, you can get highly specific results on your emission. The specific calculation formula is our trade secret and may change or be adapted at any time.
As you may already know, your daily activities, your dietary preferences and other habits will the data that will determine the result of the calculation. Bearing this in mind, there are a few clarifications to acknowledge and accept;
- That the result you get, although quite accurate, is an approximation.
- That to calculate your actual specific carbon foot print may not be possible; therefore, we do not guarantee such.
- The carbon foot print calculator, although able to calculate your estimated future carbon emission, cannot predict the future, therefore, will only give an estimated result based on the information you provide.
6. Creating a User account
6.1 Registration: You must complete the registration process by providing the Company with the information as prompted by the applicable registration form. In registering, you agree to provide accurate, current, and complete information, and to keep it up to date at all times. You will also choose a username and password. Please do not choose a username and email address that is indecent or offensive, or otherwise violates this Agreement or any applicable laws or regulations.
6.2 Responsibility for Account: You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.
6.3 Sharing: You may have the ability to share your Content with anyone of your choosing. If you decide to share your Content, we will send the recipient instructions for how to access your Content. You understand and agree that you decide with whom to share your Content and that you will have no remedies against us for how any recipient uses, shares, or otherwise processes your Content. You agree and authorize us to share your Content with whomever you have selected.
6.4 Liability for Account Misuse: The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
6.5 Use of Other Accounts: You may not use anyone else’s account at any time, without the permission of the account holder.
6.6 Risk: You agree that you will evaluate and bear all risks related to the use, or any activities associated with, any of your Content. The results of any actions you take based on your Content are solely your responsibility. Under no circumstances will we be liable in any way for your Content or for any loss or damage of any kind incurred as a result of the use of any of your Content made available on or through the Service. We make no representations or warranties that your Content will be available to you when you need it or that we will retain your Content for any specified period of time. You agree that you will have no remedy against us for incomplete, inaccurate, or missing Content.
6.7 Account Security: The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.’
You are responsible for maintaining the confidentiality of your information and any activity in your chat history in line with WhatsApp guidelines and privacy provisions. Should you have the suspicion that your User Account may have been misused, you agree to inform us of this immediately by emailing [email protected].
6.8 How to register: Before using the App, you will first need an Apple ID or a Google account. You can then download the App from the Apple App Store or Google Play Store (hereinafter referred to, either individually or collectively, as “App Store”) to your mobile device or tablet.
- Save the Number 081 400 400 81 with “Kaci” on your smartphone
- Search for “Kaci” on your WhatsApp to start a new chat.
- Send “Hi” or “Hello” to the WhatsApp Chatbot.
- It will immediately respond by Introducing itself as “Kaci”
- It will ask a series of Questions in order to set up your profile. The questions include your Name, Email amongst others. Please ensure to fill the information correctly as it will help create your emergency protocol.
7. Kaci Code
Kaci Codes are a series of numbers that you can receive as a benefit from our corporate partners upon registering a user account after downloading our app. The Kaci Codes extend the number of requests that can be made over a period of a day, week, month or any allotted period of time.
The Kaci Code you receive will only be valid for its allotted time frame and not beyond.
Some of the terms of using the Kaci Code are;
a) You are legally authorized to use the redemption as you dim fit as is within the terms of use of the redemption code.
b) You agree to the terms and conditions that relate to the app and the redemption code and its use.
c) The terms of the specific corporation that gave you the Code may apply as it related to the Kaci Code.
You can contact the entity you received your Kaci Code from for more clarification on the content of your Kaci Code. You may also reach out to our support team for assistance.
8. Your right to use the Kaci Mobile Application and WhatsApp Chatbot
8.1 Kaci and all materials and content contained therein are our property or the property of the persons who have granted us the applicable license (this also applies to the third-party software listed in the Kaci App). We grant you the right to use these materials and content, but only for the purposes of using Kaci in accordance to these Terms of Use.
8.2 We grant you the right to personally access and use Kaci. You are prohibited from transferring this right to anyone else, or to sell, give away or transfer your User Account to anyone else. Your right to access Kaci does not preclude us granting other persons the right to access Kaci.
8.3 Your right to use the name “Kaci” or any trademarks, logos, domain names or other characteristic trademarks whatsoever is limited to the scope defined in these Terms of Use.
8.4 In return for your warranty to comply with these Terms of Use, we grant you a limited, non-transferable, non-sublicensable, personalized, non-exclusive, revocable right to interact with Kaci to your device or to access the Website or the Screening Tool under the conditions set forth in these Terms of Use or the privacy policy, or under any terms applying to the App (WhatsApp or web browser) you may be interacting with Kaci from.
8.5 As the User, unless such behaviours are appropriately permitted in accordance with these Terms of Use or unless permitted under mandatory copyright law where necessary for the use of Kaci in accordance with its intended purpose and/or indispensable to obtain the information necessary to achieve the interoperability with other programs, you undertake to refrain from the following:
- You, the User, agree not to replicate or copy Kaci, either in whole or in part.
- You, the User, agree not to sell or otherwise make available Kaci, either in whole or in part, to anyone else.
- You, the User, agree not to modify Kaci, in whole or in part, in any way whatsoever.
- You, the User, warrant that you will not attempt to discover or access the source code of Kaci, in whole or in part, unless it has been expressly published by us and released into the public domain.
8.6 You are aware that we, and/or the persons who have granted us a license in this respect, are entitled to any confidential information, rights of use, of exploitation and of recovery – and any other intellectual property rights fully or partially existing – regarding Kaci.
8.7 Feedback/surveys. If you provide feedback, ideas or suggestions, or if you reply to surveys in connection with our Services (hereinafter referred as the “Feedback”), you acknowledge that the Feedback is not confidential and that you grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty free and unlimited license to use your Feedback in any way, for any purpose, and through any medium or technology now known or unknown, whether in whole or in part, and whether as modified or unmodified. We will always use your Feedback in compliance with those Terms of Use, our Privacy Policy and any other applicable laws.
9. Your use of the Kaci Mobile Application and WhatsApp Chatbot
9.1 In addition to the other provisions in these Terms of Use, this section defines certain regulations relating to the use of Kaci (hereinafter referred to as “Regulations”).
9.2 The following is a list of activities that are prohibited in the context of using Kaci. You are prohibited to:
- Circumvent, disable, or otherwise manipulate any of Kaci’s security features or any features preventing or restricting the use or copying of the content that is available via Kaci,
- Create multiple User Accounts on Kaci (however, as far as Kaci functionality allows it, you may link your social networks or other accounts supported by us with the User account on Kaci),
- Provide false or misleading information in the User Account details or registration,
- Allow anyone else to use Kaci on your behalf or in your place, especially pertaining to medical & other personalized services
- Use Kaci if we have temporarily suspended your right of use, or forbidden you to continue using it,
- Send junk mail, spam or repeated messages,
- Act in any unlawful or illegal manner,
- Modify, interfere with, hack or disrupt Kaci, or to intercept messages,
- Misuse Kaci or to infiltrate it with viruses, trojans, worms, logic bombs or anything else that might harm Kaci or any other user of Kaci equipment,
- Extract data from Kaci except as permitted under these Terms of Use,
- Post or contribute any abusive, threatening, obscene, misleading, untruthful, or offensive content, or content that contains any form of nudity or violence, and
- Enter information or comments about any third-party without the consent of the third-party concerned.
9.3 The non-compliance with the Regulations listed in paragraph 9.2 represents a material breach of these Terms of Use, and may result in us, at our sole discretion, initiating the following measures – either individually or in combination:
- The immediate, temporary suspension or permanent withdrawal of the right to access Kaci,
- A warning being sent to you,
- Initiation of legal proceedings against you, including a claim for reimbursement of any costs and expenses incurred due to the breach of agreement (including reasonable administrative costs and legal fees), and moreover
- Disclosure of information to the law enforcement authorities, if and to the extent permitted by law and deemed by us to be necessary.
9.4 The reaction to a breach of agreement committed by you is not limited to the actions described in the preceding paragraph 9.3, i.e. we are entitled to take any further action in accordance with these Terms of Use and/or statutory law.
10. Termination of our contractual relationship
10.1 In the event that you feel that you can no longer agree to the present Terms of Use or the Privacy Policy, at any time, you agree to stop using Kaci immediately.
10.2 You are entitled to stop using Kaci at any time and to terminate your agreement with Kaci, including if you do not agree with the changes to Kaci or these Terms of Use we proposed. Please follow the instructions on Kaci to deactivate your User Account. If you access Kaci via the Kaci App, you can delete your User Account via the settings menu.
10.3 If we choose to terminate your agreement with us, we will provide you with two weeks’ notice.
10.4 Either party’s right to terminate the agreement for cause remains unaffected. Cause that entitles us to terminate the agreement may be, in particular but not exclusively, your violation of the material contractual provisions (in particular paragraph 7.2) and if, due to external circumstances, it can be assumed that you are making improper use of our services. If good reason exists, we are furthermore authorised to block your access to Kaci, without any notice, and provided that no other less severe measure is effective.
10.5 If you or we deactivate your User Account as described in this paragraph or withdraw your right to access Kaci, we will delete any Personal Data stored about you in accordance with our Privacy Policy (and as stipulated in the applicable statutory provisions), provided that our rights to use such data in anonymized form pursuant to section 3.2 remains unaffected. You also lose the right previously granted to you to access Kaci.
11. Our promise to you
11.1 Any information stated by you that is made available to you in text form via Kaci – as a statement made, or by inference, is for information purposes only. The information is made available by Kaci as is, without warranty, guarantee or representation of any kind.
11.2 You should not take any action based on the information provided in Kaci without consulting the necessary professional first.
11.3 Due to the nature of the internet and the given technology, we are unable to promise that you will be able to use Kaci at all times without any interruption and without delay or faults, and that Kaci will at all times meet your expectations. We can therefore assume no obligation with respect to the performance or availability of Kaci in these present Terms of Use. We expressly exclude any strict liability that may be applied by enforcement of law due to defects of Kaci existing at the time the agreement on the use of Kaci between you and us was concluded.
11.4 Should you incur any damage through the use of Kaci, we may only be held liable for intent and gross negligence. We may furthermore be held liable for the negligent breach of material contractual obligations, which must be met in order for this agreement to even be properly executed, and the violation of which will jeopardise the purpose of the agreement and which you, the User, should in regular cases be able to trust will be fulfilled. In the latter case, we may however only be held liable for calculable damages. We may not be held liable for violation by simple negligence of any obligations other than those specified in the preceding sentences.
12. Third-party services
12.1 If, and to the extent that, our Kaci Mobile Application and WhatsApp Chatbot contains links to other websites or resources operated by third parties, these links are to be deemed as being provided for your information only.
12.2 We are unable to influence the content of such websites or resources provided by third parties, and we may not be held liable for the content of information or websites linked included in frames. We may not be held liable for any financial or physical damages that you may incur as a result of, or in connection with, the use of such websites or resources.
12.3 You understand that the availability of Kaci is dependent on the third-party where you downloaded the Kaci App. You are aware that these Terms of Use apply to the contractual relationship between you and Kaci, not to your contractual relationship with the App Store.
13. Links to other websites
Please note that we make use of links to third party and partner websites which may be the responsibility of these third parties.
The user terms and privacy policy of these third parties are not our responsibility as we hold no control over them or their mode of operation and service. As such, the offerings and services of these entities are solely their responsibility.
You agree that we shall not be held liable for any damage or loss allegedly caused by the direct or indirect use of our content, services, goods or any form of product.
You also agree that we shall not be held liable or responsible for any inconveniences, damage or loss allegedly caused by the direct or indirect reliance on our any of these third party or partner websites that you use.
14. Kaci App and WhatsApp Chatbot updates
14.1 We are constantly updating and improving Kaci. We constantly strive to provide you with innovative new services and features. We also make improvements and updates in order to stay abreast of changing technologies, behaviours and the way in which people use the internet.
14.2 We reserve the right to change a specific aspect of a specific feature by updating Kaci, resetting that feature and suspending the service or support for that feature. These changes may affect your activities on Kaci. Changes may include the removal, modification or reset of the features you use. We will inform you of the changes and your rights in the case of changes by separate notification, to the extent you have signed up for such notifications (see paragraph 15.3.).
14.3 Updates may be released from time to time by us or via the App Store where you downloaded the App App. From time to time, to be able to use Kaci, it may be necessary for you to update third-party software.
15. Changes to these Terms of Use
15.1 We have the right to amend, adapt or supplement the present Terms of Use from time to time.
15.2 Any changes to these Terms of Use will usually be the result of new features being added to Kaci, or of changes in the legislation or applicable Regulations.
15.3 We will contact you to notify you of any changes or additions to these Terms of Use at least 30 calendar days before any changes or additions to these Terms of Use take effect. If you do not object within 30 days of receipt of notice, such changes and additions will be regarded as effective and agreed upon from the deadline onward. We will inform you of your right of objection and the consequences of the objection in our notice of changes to the Terms of Use. If, in the event of your objection to the amendment within the agreed timeframe, it is legally, economically or technically unreasonable for us to continue the provision of Kaci, we are entitled to terminate the agreement no earlier than the effective date of the amendment set forth in the notification. Any other right of termination remains unaffected.
16. Documents governing the contractual relationship between you and us
The current version of the Terms of Use includes all provisions governing the contractual relationship between you and us. Older versions of the Terms of Use no longer apply to our contractual relationship and are entirely replaced by the current version.
17. Applicable legislation and jurisdiction
17.1 Our current headquarters is located in Nigeria. The agreement concluded on the basis of these Terms of Use is subject to the laws of the Federal Republic of Nigeria. Without prejudice to the above choice of jurisdiction, in the case of agreements between traders and consumers, the provisions of the law of the country in which the consumer is habitually resident and which – under the law of that country – may not be derogated from, may be applied in favour of the consumer if the trader:
- pursues his/her commercial or professional activities in the country of the consumer’s habitual residence, or
- such activities are in any way directed at that country or at several countries including that country, and the agreement falls within the scope of such activities.
17.2 The courts of Nigeria have the exclusive jurisdiction to settle any disputes arising in connection with, or as a result of, your use of Kaci.
17.3 Kaci does not participate in dispute settlement proceedings before a consumer arbitration board.
18. Your Privacy
The Kaci Help privacy policy explains the data we collect, use, store, and process while you use and access our Services. By using our Services, you have read, understood, and agree to the terms of our privacy policy, and you agree that we may use such data in accordance with the terms of our privacy policy. If you have any questions regarding our privacy policy, please contact [email protected]
19. Compliance with Policies
While using the Services, you agree that you will comply with all posted policies as we may update from time to time. We may suspend or stop providing you with access to the services if you fail to comply with any policy.
20. User Content and Links to other Websites
20.1 Kaci Help encourages contributions to its Site. You may submit service descriptions, comments, postings, advice, and recommendations through the features available on the Sites (collectively “User Generated Content”). You are solely responsible for any User Generated Content produced or provided by you, and you hereby agree not to provide any information that you know or reasonably should know to be false or materially misleading, libelous, defamatory, obscene, or that invades another person’s privacy, infringes the intellectual property rights of another, or violates any applicable laws or regulations.
20.2 By providing User Generated Content to Kaci Help, you grant Kaci Help a perpetual, non-exclusive, royalty-free license to use such content in association with the provision of its Services and the Sites.
20.3 Kaci Help reserves the right, in its sole discretion, to reject, refuse to publish, or remove any User Generated Content.
20.4 Kaci Help is not responsible for and does not endorse statements, comments, or other information contained in User Generated Content provided by other users, and any reliance by you on such information will be at your sole risk. User-Generated Content provided by you or other users may contain links to other websites. Kaci Help does not monitor or verify in any way the content of any websites linked to the Sites and is not responsible for the accuracy of such content or for any of the opinions expressed therein. Inclusion of any linked website on the Sites does not imply approval or endorsement of the linked website by Kaci Help. When you access these third-party sites, you do so at your own risk.
21. Intellectual Property Rights
21.1 The Company is the exclusive owner of the Sites and the Services (including revisions, modifications, and enhancements thereto). All rights, title, and interest, including, but not limited to, intellectual property rights, in and to Kaci Help’s Sites, the Services, the Software, and the Sites’ Content, remain the exclusive property of the Company and its licensors where applicable. Except as expressly permitted in this Agreement, you will not reproduce, modify, or prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or otherwise use Kaci Help Sites, the Services, the Software or the Site’s Content.
21.2 The Kaci Help name, logo, and the product names associated with the Services are trademarks of the Company, our affiliated companies, or other third parties and we do not grant any right or license to you to use them. Any logo, trademark, service mark, domain name, or trade name appearing on or within the Services, whether registered or not, are the property of the Company or their respective owners. You may not use any of the foregoing without our express permission.
22. Your Mobile Device
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Services on your mobile, handheld device (“Mobile Device”). You understand that your mobile provider may charge you fees for your use of its network connection while accessing or using the Services, for data downloading, e-mail, text messages, for roaming, and other mobile provider or third-party charges. You understand that the Services are provided over the Internet and mobile networks, so the quality and availability of the Services may be affected by factors outside our control.
We do not guarantee that the Services will be compatible or operate with your Mobile Provider’s service plans, with any particular Mobile Device, or other piece of hardware, software, equipment, or device you install on or use with your Mobile Device. We are not responsible if the Services are unavailable or if you cannot download or access the Services or Content, for any compatibility or interoperability issues, or for any communication system failure which may result in the app is unavailable.
23. Communication Preferences and Consent
23.1 From time to time we may send you communications to the email address associated with your account. These communications may include but are not limited to, tips and recommendations, special offers, and other account-related or transactional messages.
23.2 Additionally, our mobile and tablet applications may, in some circumstances, offer the ability for you to receive SMS communications and push notifications in connection with those applications and the Services. If you would like to modify your ability to receive push notifications from our applications, you can control those settings within the settings or preferences of each respective device. By accepting this Agreement and using the Services, you expressly consent to the receipt of all such communications from or on behalf of Kaci Help. You may modify your communication preferences at any time within the Settings section of our website or applications. You may not opt out of receiving account-related or transactional communications.
24. Authorized Jurisdictions
Kaci Help makes the Services available in Nigeria. We may add or remove countries and/or territories from the list of Authorized Jurisdictions at any time and without any notice, liability, or obligation to you with respect to each such territory. Use of the Services outside of the Authorized Jurisdictions is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action.
25. Indemnification
You agree to defend (at our option), hold harmless, and indemnify the Company, its professionals, officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers from and against all (including reasonable attorney’s fees) third party claims and all liabilities, assessments, losses, costs, damages or settlements resulting from or arising out of (a) your alleged or actual breach of this Agreement, including your express representations and warranties; (b) your use or misuse of the Services; and (c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.
26. Disclaimer
26.1 Kaci sends only notifications to dependants, partners or agencies and does not provide security or help services. Reach out to the nearest emergency services if you help. Kaci cannot be held responsible for any issue, mistake, delay or any other reason as a resulting of using the Mobile application or WhatsApp chatbot.
26.2 We provide the Service “as is” and we make no representations or warranties, whether express or implied, regarding its use or that the Services will be error-free. To the maximum extent allowed under applicable law, we make no representations or warranties of merchantability or fitness for a particular purpose, or that the use of the Services or any information relating thereto or contained therein will not infringe any intellectual property rights of any third person. We make no representations concerning the suitability, performance, completeness, accuracy, or operation of the Services. We will not assume any liability that may arise out of your use or possession of the Services.
26.3 You expressly agree that your use of, or inability to use, the Services or any Content, data, or other information found in the Services, is at your sole risk. Your sole and exclusive remedy for dissatisfaction with the Services will be to discontinue your use of the Services.
27. Limitation Of Liability
27.1 YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS PROFESSIONALS, OR THEIR OFFICERS, EMPLOYEES, DIRECTORS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE APPS OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
27.2 To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
28. Assignment
The Company may assign this Agreement or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign this Agreement in whole or in part, for any reason. This Agreement will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.
29. Suspension and Termination
29.1 We may suspend, disable, or close your account or otherwise stop providing the Services to you in whole or in part at any time and for any reason. We will make reasonable attempts to notify you through the email address or phone number you used to register your account if we ever have a need to suspend, disable, or close your account. We will have no liability to you or any third party if we suspend, disable, or close your account. You will not be able to access any Content or the Services once your access has been suspended or terminated or if the Services have been shut down.
29.2 You may deactivate your Account and end your registration at any time by contacting the Kaci Help Support. At the time of such deactivation you are solely responsible for obtaining any Content Information you may have submitted, or which has been stored on the Sites for your future use. Subject to applicable law, the Company reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Sites pursuant to its internal record retention and/or content destruction policies. After such termination, Kaci Help will have no further obligation to provide the Services to you. All Sections shall survive any termination or expiration of these Terms of Use.
30. Governing Law and Disputes
(a) Governing Law. This Terms of Use, including all claims relating to or arising hereof or breach thereof, whether in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the Laws of Nigeria.
(b) Right to seek court relief. if the Company reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction;
(c) Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Terms of Use or the Services, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us Twenty One (21) days from the date of submitting your written description with us within which to resolve the dispute to your reasonable satisfaction. If Kaci Help does not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement below.
(d) Arbitration Agreement. Any claims by Kaci Help, or claims by you that are not resolved by the Informal Resolution procedure described in clause (c) above, arising out of, relating to, or connected with this Terms of Use must be asserted individually in binding arbitration administered by the Nigerian Law. Nigerian Laws will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (1) the arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Terms of Use including any claim that all or any part of this Terms of Use is void or voidable; (2) the arbitrator will not have the power to conduct any form of class or collective arbitration, nor join or consolidate claims by or for individuals; and (3) you hereby irrevocably waive any right you may have to a court trial (other than small claims court as provided above) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding against us or related third parties arising out of, relating to, or connected with this Terms of Use.
The arbitration proceedings and the outcome thereof will be kept confidential by each party and not used for any purpose other than a party exercising its rights and fulfilling its obligations with respect to the other party; provided, however that either party may disclose the existence and results of the proceeding: (1) as required by law, rule, or regulation; (2) to its accountants, attorneys, and other fiduciaries; and (3) to an arbitrator or third party who has exercised its rights under this clause for use as persuasive authority in other proceedings brought pursuant to this clause.
31. General Terms
31.1 These Terms of Use supersedes all prior agreements concerning the subject matter herein. If any provision in this Terms of Use is deemed invalid by a court with competent jurisdiction or by an arbitrator having conduct of such mater, such provision or portion thereof will be deemed omitted.
31.2 No term or provision in this Agreement will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by us. Our waiver or failure to exercise in any respect any right provided herein will not be deemed a waiver or any further right hereunder.
31.3 Nothing in this Terms of Use will create or confer upon any party that is not Kaci Help or you any legal or equitable rights, remedies, liabilities, or claims with respect to this Terms of Use.
32. Notices
32.1 We may post notices to you within the Services. We may also send you notices about products and services to the email address you provided us. You hereby consent to receive notice from us through the foregoing means, and you are deemed to have received such notices at the latest within two (2) business days from us posting or sending a notice. You are responsible for keeping your account information, including your email address, up to date.
32.2 Kaci Help assumes no liability nor any responsibility for any consequences resulting from your provision or use of outdated, incomplete, or inaccurate information in connection with the Services. Except as otherwise provided for herein, any notices required to be delivered to Kaci Help under this Terms of Use may be delivered via the contact information provided below.
33. Support and Feedback
33.1 You consent to us communicating with you by electronic means (such as by email or other form of text as defined in Nigerian law).
33.2 We may send you notices electronically to the email address you provided at the time you signed up for Kacifeatures and services, or via other electronic means on Kaci when available.
33.3 The failure to enforce our rights must not be construed as a waiver of such rights.
33.4 Should any provision in these Terms of Use be or become void or unenforceable, the effectiveness of the remaining provisions will remain unaffected.
34. Contact
If you would like to contact us in regard to the present Terms of Use or any other document mentioned in them, please email us at [email protected].