Terms of service

 

Terms and conditions

 These terms and conditions ("Terms", "Agreement") is an agreement between Jon Davis Limited Liability Company ("the “Company”, "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Cudo application and any of its products or services (collectively, "Mobile Application" or "Services"). Cudo is owned and operated by the Company with registered address at 9, Folorunsho Street, Ogba, Ikeja, Lagos, Nigeria. 

 

Accounts and membership

  You must be at least 18 years of age to use Cudo. By using Cudo and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. Parents/guardians can use our Services on behalf of their children who are below 18 years, but children(minors) should not use Cudo or our Services themselves.   If you create an account on Cudo, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

 

Consultations

You acknowledge that any professional advice (not limited to diagnosis) given forms the best judgement based upon the information you submitted and can only serve as a guide and as an opinion of the medical condition but not an alternative to an in-person physician consultation aided by proper history, physical examination and first hand review, analysis and interpretation of diagnostic testing, which Cudo also offers. 

Where you do not book for a physical session with Cudo doctors/physiotherapists, you agree that the service provided through Cudo differs from the diagnostic services typically provided by a physician. Cudo professionals will therefore not have the benefit of information that would be obtained from examining you in person and observing your physical condition. Therefore, Cudo may not be aware of facts or information that would affect the diagnosis. By deciding to engage the services of Cudo, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation. Furthermore, you agree and accept: (i) the diagnosis you will receive is limited and provisional; (ii) the medical advice is not intended to replace a full medical evaluation or an in-person visit with a Cudo doctor; (iii) the medical professionals providing services through Cudo do not have important information that is usually obtained through a physical examination; (iv) the absence of a physical examination may affect the medical professional’s ability to diagnose your condition, disease or injury. You also agree that any advice given, or diagnosis will not be used in any legal dispute including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims without the prior written consent of the Company. The Company explicitly disclaims liability of any and all losses and damages arising from your failure to comply with this section.

 

Credit Transactions

The Company does not accept payment in the form of cash, check, money order or insurance reimbursement at this time. Major debit cards (MasterCard, Visa Cards or Verve) and Online Payment methods are the only accepted methods of payment. In the event that Cudo is unable to debit applicable amounts from your debit card, you shall immediately furnish the Company with a valid debit card details. Your request or services from Cudo will not be fulfilled until full payment has been received and/or verified. In any event where “service has not been rendered to you” you agree to make this known promptly by using our in app review facility to indicate such occurrence, in this case if the Cudo Expert servicing you indicates likewise any credit due to you will be added to your cudo account as a Coupon which is redeemable at your earliest need on the app. Conversely, if a consensus on “service delivery” is not reach between yourself and the Expert, a dispute will be raised to investigate this further and we aim to resolve this within 72hrs provided that both parties respond promptly. In any case where you fail to respond within this 72hrs time frame, Cudo holds the right to relinquish such dispute without any further investigation or responsibility to carry out such.

 

Links to other mobile applications/ Advertisement

  Although Cudo may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. Some of the links on Cudo may be "affiliate links". This means if you click on the link and purchase an item, Cudo will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any mobile application or out of app service or product which you access through a link from Cudo. Your linking to any other off-site mobile applications is at your own risk.

 

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using Cudo or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or misrepresent your identity or affiliation in any way; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of other Cudo users; (i) to restrict, discourage or prevent any person from using Cudo, disclose personal information obtained from Cudo (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security Services of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses. 

 

Intellectual property Rights

This Agreement does not transfer to you any intellectual property owned by Cudo or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Company. Any text, software, graphics, photos, sounds, music, videos, audiovisual combinations, patents, interactive Services, any trademarks, service marks and logos contained in Cudo including any other materials you may view on, access through, or contribute to Cudo (collectively “Materials”) are owned by or licensed to the Company, subject to copyright, trademark and other intellectual proper rights under Nigerian law. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Mobile Application Developer or third- party trademarks.

 

 

No materials from Cudo may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without written permission of the rights owner. You agree not circumvent, disable, or otherwise interfer with security related Services of Cudo or Services that prevent or restrict use or copying of any materials or content.

 

Modification of any materials or use of any materials for any other purpose is a violation of the copyrights and other proprietary rights of the Company, or of other entities or persons where so indicated, unless the Company or the owner has provided said material for such express purpose. All design rights, databases and compilation and other intellectual property rights associated with Cudo, in each case whether registered or unregistered, and related goodwill, are proprietary to the Company.

 

Limitation of liability

To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, compensatory or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the Company has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Company and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one naira or any amounts actually paid by you to the Company for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

 

Indemnity

You agree to indemnify and hold the Company and its affiliates, directors, officers, employees, agents and contractor harmless from and against any liabilities, losses, costs including reasonable attorney’s fees, claims, damages or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms, or (ii) your activities in connection with Cudo.

  

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

Governing law, Jurisdictional issues and Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Nigeria without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Nigeria. 

The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Nigeria, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

Termination 

The Company may terminate your use of Cudo or any of its Services or services at any time and for any reason without notice for conduct violating this Agreement. The Company will terminate a user’s access to Cudo and its Services and services if, under appropriate circumstances, the user is determined to be a repeat infringer of third-party rights or in breach of this Agreement. Upon any such termination, you must destroy all materials obtained from Cudo. The provisions of these Terms concerning Cudo security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. Where your use of Cudo is terminated pursuant to this Agreement, you agree that you will not attempt to use Cudo under any name and further agree that if you violate this restriction after being terminated, you will indemnify and hold the Company harmless from any and all liability that the Company may incur therefore. 

 

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Cudo at any time without prior notice to you, effective upon posting of an updated version of this Agreement on Cudoapp.com. When we do, we will post a notification on Cudo/we will send a notification email to you. Your continued use of Cudo after any such changes shall constitute your consent to such changes. If you disagree with the Terms, your sole remedy is to discontinue your use of Cudo. 

 

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using Cudo or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access Cudo and its Services.

 

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [legal@cudoapp.com

 

This document was last updated on May 6, 2020.