Welcome to http://www.evercare.ng/. This website belongs to Evercare Hospital Lekki Limited (“Evercare”), an integrated healthcare delivery platform operating in Nigeria. Evercare helps communities thrive by improving healthcare and leveraging technology and integration to increase the quality of care. Evercare is building a foundation of continuous quality improvement and standardized care to improve clinical outcomes and patient safety.
The Terms and Conditions (“Terms”) contained herein on this webpage, shall govern your access to and use of this website, including all pages, images, illustrations, designs, photographs, video clips, text, icons, designs written information, and other materials that appear on this website (together the Website). Please read these Terms carefully. By accessing the Website and/or using the online services, you agree to be bound by the following Terms. If you do not accept any of these Terms, you must immediately discontinue your access to this Website and/or use of the online services.
By using our Website and/or online services, you accept these Terms in full.
1. License to Use the Website
1.1. We grant you a non-assignable, non-exclusive and revocable license to use this Website and/or online services. This license grant includes all updates, upgrades, new versions and replacement made to the Website and/or online services. All right, title and interest in and to this Website and/or online servicesare and will remain the exclusive property of Evercare.
1.2. If you do not comply with all the provisions, then you will be liable for all resulting damages suffered by you, Evercare and all third parties. Unless otherwise agreed in writing by Evercare, you agree not to alter, re-design, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code that is derived from this Website.
1.3. Any feedback, comments, or suggestions you may provide to us and our services is entirely voluntary, and we will be free to use such feedback, comments or suggestion as we see fit without any obligation to you.
2. Use of Website and/or Online Services
2.1. You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of this Website and/or online services, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website.
2.2. You agree not to use the Website and/or online services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
2.3. Availability of Website and/or online services: We may, from time to time, with/ without giving reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website and/or online services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website and/or online services.
3. Age Restrictions
Use of the Website and/or online services is limited to authorized visitors that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law.
4. Website Ownership and use restrictions
4.1. Ownership: Except as otherwise expressly stated herein, the copyright and all other intellectual property in the contents of the Website (including, but not limited to, all design, text, sound recordings, images or links) are the property of Evercare and/or its affiliated companies (“the Group”).
4.2. Restricted use
4.2.1. No part or parts of the Website and/or our online services, or any materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, stored, adapted, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without the prior written consent of Evercare or the Group.
4.2.2. Save and except with Evercare’s prior written consent, you may not insert a hyperlink to the Website or any part thereof on any other Website, or “mirror” or frame the Website, any part thereof, or any information or materials contained in the Website on any other server, Website or web page.
4.3. Trademarks: All trademarks, service marks and logos used in the Website are the property of the Group. No license or right is granted and your access to the Website and/or use of the online services should not be construed as granting, by implication, estoppel, or otherwise any license or right to use any trademarks, service marks or logos appearing on the Website without the prior written consent of the Group. Save and except with prior written consent from the Group, no such trademark, service mark or logo may be used as a hyperlink or to mark any hyperlink to any Group site or any other site.
4.4. We reserve the right to enforce Intellectual Property in the Website and/or online services to the fullest extent of the law.
5. Website Security
5.1. Users of our Website are strictly prohibited from violating or trying to violate the security features of this Website, such as by: (1) accessing data not intended for that user or logging onto a server or an account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that user to do so in writing; (3) attempting to interfere with service to any user, host or network, such by means of submitting a virus to this Website, overloading,“flooding”, “spamming”, “mail bombing” or “crashing”; (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) forging TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. By using this Website, you hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of this Website or any activity being conducted on this Website. You further agree not to use or try to use any engine, software, tool, agent, other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Website other than the search engine and search agents which we make available on this Website.
6. Warranty Disclaimer notice
6.1. EVERCARE IS PROVIDING THIS WEBSITE AND/OR ONLINE SERVICES ON AN “AS IS”AND “AS AVAILABLE” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER STATUTORY, EXPRESS OR IMPLIED OR ANY IMPLIED OR STATUTORY CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL DATA AND/OR INFORMATION CONTAINED ON THE WEBSITE AND/OR ONLINE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. EVERCARE MAKES NO WARRANTY THAT THIS WEBSITE AND/OR ONLINE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE WILL REMAIN FREE FROM ANY INTERRUPTION, BUGS, INACCURACIES, AND ERROR.
6.2. YOUR USE OF THIS WEBSITE AND/OR ONLINE SERVICES ARE AT YOUR OWN RISK AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE THAT RESULTS IN LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE, EVECARE, AFFILIATED PARTIES OR OUR CONTENTS WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED.
7 Limitation of liability and exclusions
7.1. YOU AGREE THAT EVERCARE OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS OR THIRD-PARTY SERVICE PROVIDERS WILL IN NO WAY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER EVERCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT) ARISING OUT OF THIS WEBSITE OR ITS CONTENTS (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR ARISING FROM THE RUSULT OF USE OF THIS WEBSITE OR CONTENTS) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY.
7.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND THE SCOPE AND DURATION OF SUCH WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT, AS A MATTER OF APPLICABLE LAW, APPLY TO YOU IN THEIR ENTIRETY, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
For your convenience, we may include hyperlinks to other Websites or content on the Internet that are owned or operated by third parties. Such linked Websites or content are not under the control of Evercare or the Group and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked Website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk and subject to the Terms of access and/or use contained therein.
We may attach banners, java applets and/or such other materials to the Website for the purposes of advertising our or our Business Partners’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
10. Your submissions and information
10.1. You grant us a non-exclusive license to use the materials or information that you submit to the Website and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively,“Submissions”). When you post comments or reviews on the Website, you also grant us the right to use the name that you submit or your username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.
10.2. You consent to and authorize the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you where you agree. Your agreement shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Nigeria or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
11.1. All notices or other communications given to you if:
11.1.1. communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
11.1.2. sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
11.2.You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt.
By using the Website, you hereby agree to indemnify and undertake to hold Evercare and the Group harmless against all damages, losses, liabilities, expenses and costs (including legal costs) suffered or incurred by Evercare or the Group in connection with or arising from your access of the Website and/or use of the online services and any breach by you of any provision of these Terms. You will indemnify and hold Evercare and the Group harmless from and against any claim, suit or proceedings brought against Evercare or the Group arising from or in connection with violations of Intellectual Property or other rights of third parties in relation to your use of the Website and online services.
13.1. No waiver: Our failure to enforce these Terms shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms.
13.2. Severability: If at any time any provision of these Terms shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms.
13.3. Rights of third parties: A person or entity who is not a party to these Terms shall have no right to enforce any these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms.
13.4. Termination: In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Website and/or online services. We may bar access to the Website and/or online services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to our Website and/ or online services.
13.5. Amendments: We may by notice through the Website or by such other method of notification as we may designate (which may include notification by way of e-mail), vary these Terms, such variation to take effect on the date we specify through the above means. If you use the Website or our online services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Website or online services and terminate these Terms. Our right to vary these Terms in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to these Terms.
13.6. Breach of these Terms: Without prejudice to Evercare’s other rights under these Terms, if you breach these Terms in any way, Evercare may take such action as it deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
13.7. Language: In the event that these Terms is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms shall govern and shall take precedence over the Foreign Language Version.
13.8. Binding and Conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to our online services, if any) maintained by us or our service providers relating to or in connection with the Website and online services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
13.9. Sub-Contracting and Delegation: We reserve the right to delegate or sub- contract the performance of any of our functions in connection with the Website and/or online services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
13.10. Assignment: You may not assign your rights under these Terms without our prior written consent. Any assignment without the prior written consent of Evercare or the Group constitutes a breach and the provisions of clause 13.6 above shall apply. We may assign our rights under these Terms to any third party.
13.11. Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the contents of the Website if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
14. Dispute Resolution
14.1. If you have any concern or dispute about the Website and/or online service, you agree to first contact Evercare and the Group to try to resolve the dispute amicably.
14.2. If the dispute is not settled amicably within ten (10) days from when the discussion was initiated, the dispute shall be referred to mediation.
14.3. The mediation shall be conducted by any Centre for Effective Dispute Resolution (CEDR), UK accredited mediator or any other accredited equivalent mediator and the Lagos Multi Door Court House Procedure Rules 2007 shall apply.
14.4. Where the dispute is not resolved by mediation, you agree to submit to the non-exclusive jurisdiction of the state and federal courts located in Nigeria for the resolution of any disputes.
15. Governing Law
The Website is controlled and operated in the Federal Republic of Nigeria (“Nigeria”). The use of the Website and/or online services and these Terms shall be governed by and construed in accordance with the laws of the Nigeria and you hereby submit to the exclusive jurisdiction of the national and state courts.