Last updated 17.03.2022
Thank you for your interest in Platos Health. («Zest», «we», «our,» or «us») and our website at https://carebyzest.com/ (the «Site»), our mobile application (the «App»), and any and all related websites, embeddable widgets, downloadable software, networks, mobile applications (including tablet applications), and other services, information, materials, devices, and products we provide to you (collectively, our «Service»).
This Terms of Service (as amended from time to time by Platos Health without recourse to the user) shall govern the use of this Service and upon acceptance, constitutes a binding agreement between you and Platos Health. Platos Health reserves the right to amend and update this Terms of Service from time to time without recourse to the User.
Please read the Terms of Service carefully before using this Service.
Our service is not intended for emergency situations. In the event of a medical emergency, please call your hospital or appropriate emergency responders.
- Zest may make unilateral modifications to these Terms.
- The App is licensed, not sold to you, and you may use the Service only as set forth in these Terms.
- Your use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the «Carrier»), which are your sole responsibility.
- Zest is not your healthcare provider and does not provide you any medical advice through the Service, however, Zest may connect you with a Provider through the Service (as defined below).
- The Service is provided «as is» without warranties of any kind and Zest’s liability to you is limited.
- These Terms provide that all disputes between you and Zest will be resolved by mediation at the Lagos State Multi-Door Courthouse (LMDC) for resolution under the provisions of Lagos State Multi-Door Courthouse (LMDC) Law 2007.
1. Use of Our Service
1. By accepting these Terms, you represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) your registration and your use of the Service is in compliance with all applicable laws and regulations; and © you are physically located in Nigeria and within a jurisdiction in which we offer our Service, including, without limitation, when utilizing the Service to receive telehealth consultations from a Provider (as defined below). If you are using this Service on behalf of another party including, you represent and warrant that you have authority to act on behalf of that party and to bind that party to this Agreement. If you are using this Service on behalf of a party under the age of majority, you certify that you have the authority to use this Service on their behalf.
2. Fitness for Treatment. In some cases, the Service may not be the most appropriate way for you to seek medical care and treatment. To assist you in determining whether the Service is a fit for your needs, we may ask a series of initial questions during registration. Based on your responses to these questions, we may determine that you are not eligible to utilize the Service. In such a case, In such a case, you may receive a notice from Zest on behalf of a Provider notifying you that you should seek medical care or treatment outside of the Service and/or that you may be unable to continue using the Service and such notice may provide you with additional information regarding next steps.
3. Zest Service. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service and the Zest Materials (as defined in Section 13) solely for your personal, noncommercial use. Zest reserves all rights not expressly granted herein in the Service and the Zest Materials. Zest may terminate this license at any time for any or no reason. Even after your license to access and use the Service and the Zest Materials is terminated, these Terms, including all of your obligations under these Terms prior to such termination, will remain in full force and effect and will govern any and all disputes arising out of your access and use of the Service and the Zest Materials.
4. Accounts and Registration. Subject to your eligibility to use the Service and compliance with these Terms, you may access the Service. Some features of the Service may be available without registration; however, to access most features of the Service, you must register for an account. If you open an account on behalf of a company, organization, or other entity, then «you» includes you and that entity. When you register, you will be asked to provide a password and a phone number through which we authenticate your sign-in. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at email@example.com. Furthermore, Zest reserves the right to take any and all action, as it deems necessary, regarding the security of our Service and your account and password information. Under no circumstances shall any of Zest or its officers, directors, employees, consultants, subsidiaries, agents, and affiliated individuals or entities, including the Providers and/or any professional corporation that employs or contracts with any Providers (collectively, the «Zest Entities») be held liable to you for any liabilities or damages resulting from your failure to comply with these Terms, including any failure by you to keep your account and password or other information secure.
5. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
- use the Service to compete with Zest’s business;
- use the Service for any illegal purpose or in violation of any applicable law or regulation, including, without limitation, any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property or privacy right;
- post, upload, or distribute any User Content as defined in Section 8 (User Content) or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by (i) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) attempting to collect personal information about another user or third party without consent; (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; (v) violating any regulation, policy, or procedure of any network, equipment, or server; or (vi) manipulating or otherwise displaying the Service by using framing, mirroring or similar navigational technology;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth or any other information provided or submitted to the Service;
- sell or otherwise transfer the access granted under these Terms or any Zest Materials; or
- attempt to do any of the acts described in this Section 1.5, or assist or permit any person in engaging in any of the acts described in this Section 1.5
2. Mobile Software
1. Mobile Software and Equipment. We may make available software to access the Service via a mobile device («Mobile Software»). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You are responsible for complying with any third-party terms of service and paying all fees charged by third parties to access and use the App, including, without limitation, the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Service (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). You agree that you are solely responsible for any such charges. Zest hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software on mobile devices owned or leased solely by you, and in accordance with the features made available to you. You may not: (a) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time-sharing or similar services for any third party; © make any copies of the Mobile Software; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (e) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Zest may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Zest or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. Zest reserves all rights not expressly granted under these Terms.
2. Enrollment in Zest’s SMS or Text Messaging Services. We offer you the chance to enroll to receive SMS/text messages from Zest regarding account-related news and alerts and/or offers for Zest products and services. By enrolling in Zest’s SMS/text messaging service, you agree to receive text messages from Zest to your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system and that standard message and data rates apply. Contact us at firstname.lastname@example.org if you have any complains about our messaging service.
3. Mobile Software provided from Google Play Store. The following applies to any Mobile Software you acquire from the Google Play Store («Google-Sourced Software»): (a) you acknowledge that these Terms are between you and Zest only, and not with Google, Inc. («Google»); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; © Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (d) Zest, and not Google, is solely responsible for its Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Zest’s Google-Sourced Software.
3. Consent to Use of Telehealth Services
As part of the Service, Zest may enable you to obtain certain telehealth consultations and treatment in connection with such program by facilitating the connection between you and one or more licensed healthcare providers (each, a «Provider»). Telehealth involves the delivery of healthcare services using electronic communications, information technology, or other means between a Provider and a patient who are not in the same physical location. While the provision of healthcare services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. In order to utilize all features of the Service, you will be required to review and agree to the consent to use of telehealth services. The consent to use of telehealth services is hereby incorporated into these Terms by reference and constitutes a part of these Terms. The services you receive from Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You may form an ongoing treatment relationship with some Providers. However, your initial visit with a Provider will begin as a consultation and will not necessarily give rise to an ongoing treatment relationship. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. We may make arrangements for follow-up care either through Zest affiliated Providers or other healthcare providers. Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
- In rare cases, information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate healthcare decision making by the Provider;
- Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication;
- In rare cases, a lack of access to all of your health records may result in adverse drug interactions, hypoglycemic events, allergic reactions or other judgment errors;
- Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information.
By accepting these Terms, you acknowledge that you understand and agree with the following:
- You understand that you may expect the anticipated benefits from the use of the Zest Services in your care, but that no results can be guaranteed or assured.
- You understand that the laws that protect the privacy and security of health information apply to telehealth, and you have received Zest’s Notice of Privacy Practices, which describes these protections in more detail.
- Your Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Service.
5. Pricing, Charges, and Payment Terms
1. Health Management Organization (HMO) and Employer Provider Pricing and Payment Terms. If you are a HMO or Employer Provider, or if you are an individual using the Service under a HMO or employer provider, the pricing and payment terms are between the HMO or employer provider and Zest and such terms are set forth in a separate Provider Services Agreement between the HMO or employer provider and Zest («Covered Fees»).
2. Individual Pricing and Payment Terms. If you are not accessing or using the Service under your HMO or employer provider, then you are accessing or using the Service on an individual basis. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms as set forth in your account or made available to you online. Zest may add new services for additional fees and charges and add or amend fees and charges for existing services. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms.
3. Optional Continued Coverage. If your HMO or employer provider has arranged with Zest to pay the fees or charges, or any portion of the fees or charges, then such fees or charges are Covered Fees and will be subject to a separate agreement between Zest and the HMO or employer provider. In the event that you are no longer eligible for such coverage under a HMO or from an employer provider (e.g., if the HMO is canceled, the employer no longer offers such benefit or you are no longer employed by the employer provider) then you will have the option to (i) assume any and all unpaid fees and continue use of the Service or (ii) terminate the Services. Please check with your HMO or employer provider to determine the level of coverage and/or Covered Fees that your HMO or employer provider will provide, if any, and if any additional fees apply to you. If you do not have insurance coverage for the Service, or if payment or coverage is denied by your HMO or employer provider, and you have used the Service, you acknowledge and agree that you will be personally responsible for all fees or charges. Zest offers no guarantee that your HMO or employer provider will be responsible for such fees or charges.
4. If you pay for any part of the Service by credit card, you hereby authorize Zest, or a third party appointed by Zest, to bill and charge the credit card indicated in your registration information for any fees and other amounts that may become due and payable. Paystack is currently our third-party service provider for payment services. Paystack processes your payments and by using our Service you agree to be bound by Paystack’s Services Terms available at https://paystack.com/terms
5. Automatic Renewal. If you have selected to pay for the service in periodical installments, unless you notify us in writing by emailing email@example.com before a charge that you want to cancel or that you do not want the service to auto-renew, you understand and agree that your periodical charges, at the fees set forth in your account or made available to you online, will automatically renew on a continuous basis and you authorize us (without notice to you, unless required by applicable law) to charge you the periodical fee and any taxes, using any eligible payment method we have on record for you.
6. Cancellation. In the event you wish to cancel your subscription, you shall cancel the subscription on or before the end of the month, for your next month of subscription. Zest reserves the right to apply a subscription payback on a prorated basis provided that the subscriber shall request for the cancellation and a refund before the end of the month, for the following month’s subscription. Zest will provide an avenue to listen to comments or complaints from users who may be dissatisfied with the services in the subscription before the cancellation or termination of a subscription.
6. Access and Connectivity
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described in the Service) to enable use of the Service. Zest reserves the right to change the access configuration, including any software, hardware, or other requirements of the Service at any time without prior notice.
7. Medical Equipment
The Zest Entities may provide users with certain diabetic test supplies, including blood sugar and blood ketone strips. The timing, fees, quantity and terms of all such supplies shall be at the Zest Entities sole discretion. Refusal by the Zest Entities to provide additional diabetic test supplies shall not relieve users of their obligation to pay the fees specified by the Service. By accepting these Terms, you agree that all items provided to you by the Zest Entities are for your personal use only and not for resale. If you dispense products to others, including for resale, you acknowledge and agree that you shall be breaching these Terms and that Zest is likely to suffer irreparable harm as a result of its contracts with suppliers under which Zest is obligated to make reasonable efforts to prevent resale. Further, by accepting these Terms, you acknowledge that any diabetic test supplies provided are not being provided pursuant to schemes eligible for reimbursement and you hereby agree not to seek reimbursement for any supplies provided to you by the Zest Entities from any patient or third-party payer.
8. User Content
1. User Content Generally. Certain features of the Service may permit users to upload content to the Service (including without limitation the patient portal), including messages, reviews, photos, video, images, folders, data, text, and other types of works («User Content») and to publish User Content on the Service.
2. Limited License Grant to Zest. By posting or publishing User Content, you hereby grant Zest a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Zest’s use of your User Content will be without any compensation paid to you.
3. Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you grant that user a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
4. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
- you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize Zest and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 8 and in the manner contemplated by Zest, the Service, and these Terms; and
- your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Zest to violate any law or regulation.
5. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Zest may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Zest with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Zest does not permit copyright-infringing activities on the Service.
9. Third-Party Services and Linked Websites
10. Termination of Use; Discontinuation and Modification of the Service
If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Zest may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at firstname.lastname@example.org. If you terminate your account, you remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
11. Additional Terms
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the «Additional Terms»), such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the Service. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
12. Modification of these Terms
We reserve the right, at our sole discretion, to change or update these Terms from time to time. Please check these Terms periodically for changes or updates. Immaterial modifications are effective upon publication. If a change or update to these Terms materially modifies your rights or obligations, we will update the «last updated» date at the top of this page and make reasonable efforts to notify you that material changes have been made to the Terms. Your continued use of the Service after any such change or update constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Service.
13. Ownership; Proprietary Rights
The Service is owned and operated by Zest. The visual interfaces, graphics, names, logos, marks, content (other than User Content), design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service («Zest Materials») provided by Zest are protected by intellectual property and other laws. All Zest Materials contained in the Service and all trademarks, service marks, copyrights, and all other intellectual property rights and proprietary material related thereto are, and will remain, the exclusive property of Zest or our third-party licensors. Except as expressly authorized by Zest, you may not make use of the Zest Materials. Zest reserves all rights to the Zest Materials not granted expressly in these Terms.
14. No Medical Advice
We act as a technology platform to connect you with Providers who may be available to provide you with certain non-emergency medical care, however, Zest is not itself a healthcare provider, and the Providers are solely responsible for providing you with any medical care and treatment you receive via the Service. We do not control or interfere with the practice of medicine by Providers, each of whom is responsible for the professional medical services he or she provides. By accepting these Terms and by using the Service, you are entering into a doctor-patient or other health care provider-patient relationship solely with one or more Provider(s) and not with Zest. The information provided by Zest as part of the Zest Materials and through the Service is for general informational purposes only. None of the Zest Materials should be considered medical advice or an endorsement, representation, or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify the Zest Entities from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms or any applicable law or regulation; © your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
16. Non-Secure Communications
17. Disclaimers; No Warranties
WHILE THE SERVICE PROVIDES ACCESS TO CERTAIN PROVIDERS FOR NON-EMERGENCY MEDICAL CARE, ZEST IS NOT A HEALTHCARE PROVIDER AND CANNOT AND DOES NOT DIAGNOSE OR TREAT YOUR HEALTH CONDITIONS. ZEST PROVIDES NO ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT USED BY THE PROVIDERS IS OR WILL BE SAFE, EFFECTIVE OR APPROPRIATE FOR YOU. DO NOT USE THE SERVICES FOR MEDICAL EMERGENCIES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL EMERGENCY SERVICES IN YOUR REGION IMMEDIATELY.
THE SERVICE AND ALL ZEST MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED «AS IS» AND ON AN «AS AVAILABLE» BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT ALLOWED BY LAW, THE ZEST ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL ZEST MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ZEST ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY ZEST MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY ZEST MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ZEST ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR ACCESS TO, USE OR MISUSE OF, OR INABILITY TO USE THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY ZEST MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN ZEST MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED BY LAW.
18. Limitation of Liability
N NO EVENT WILL THE ZEST ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY ZEST MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ZEST ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE ZEST ENTITIES TO YOU, FOR ALL CLAIMS ARISING OUT OF, OR RELATING TO, THE USE OF OR ANY INABILITY TO USE, ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO ZEST FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR (B) SIXTY THOUSAND NIGERIAN NAIRA (NGN 60,000).
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
19. Disagreements between Users
You alone are responsible for your communications, interactions, agreements, representations, promises or any other involvement with other users of the Service («Users»). Zest reserves the right, but has no obligation, to monitor disagreements between you and other Users. If you have a dispute with one or more Users, you irrevocably and forever release the Zest Entities from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
20. Governing Law
You agree that this Agreement and any contractual obligation between Zest and User will be governed by the laws of the Federal Republic of Nigeria. If a dispute or difference arises as to the validity, interpretation, effects or rights and obligations of the Parties under this Agreement, the Parties shall use their best endeavor to reach an amicable settlement of dispute.
If any such dispute is not settled between the Parties within fourteen (14) days, the Parties agree to submit such dispute to Mediation at the Lagos State Multi-Door Courthouse (LMDC) for resolution under the provisions of Lagos State Multi-Door Courthouse (LMDC) Law 2007.
These Terms, the consent to use of telehealth and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Zest regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive.
22. Consent to Electronic Communications
23. Contact Information
The Zest service is offered by Platos Health Africa Integrated Services Limited. If a User has any questions concerning Zest and the Services, this Agreement, or anything related to any of the foregoing, please contact us at email@example.com