Last updated November 27, 2017
Parties means FieldInsight and you.
Services mean the range of services which FieldInsight is to provide pursuant to these Terms and Conditions.
Material means the names, marks, designs, logos, signs, acronyms and other insignia (whether registered or unregistered) used or to be used by FieldInsight and its affiliated companies.
General Rules Relating To Conduct
- The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
- You agree that when using the App you will comply with all Applicable Laws and these Terms.
In particular, but without limitation, you agree not to:
- use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement;
- attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App;
- modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law;
- where required, comply with all security or encryption standards, rules and procedures imposed by us;
- not to make any warranty or representation whatsoever in relation to the App which may bind us or make us liable in anyway whatsoever;
- At your own expense and before the time agreed for installation or activation of the App, prepare and provide the necessary, compatible operational equipment, software and connection specified by us; and where necessary prepare and provide such interface hardware and software to us.
- You agree to indemnify us in full and on demand from and against any loss, damage, costs or expenses which we suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
- The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, pictures, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to FieldInsight or its associate companies.
- All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without FieldInsight’s express permission.
- The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by us or third party partners of FieldInsight. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of FieldInsight or the relevant affiliate company or the relevant third party partner of FieldInsight.
Link to Third Parties
The App may contain links to websites operated by third parties (“Third Party Websites“) or Services. FieldInsight may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, FieldInsight does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents, and as such it’s advised that Legal Agreements and Privacy Statements of Third Party Websites and Services be read and understood before accessing their contents/services.
Disclaimer / Liability
Use of the App is at your own risk. The App is provided on an “as is” basis. To
the maximum extent permitted by law:
- FieldInsight disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the App; and
- all implied warranties, terms and conditions relating to the app (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non infringement, information accuracy, interoperability, quiet enjoyment and title are, as between FieldInsight and you, hereby excluded.
- In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the Internet and/or the App; or any damage or injury to users or their equipment as a result of or relating to their use of the App. Your statutory rights are not affected.
- We give no assurance that the App will meet any or all individual requirements you may have, whether or not advised to you. Furthermore we give no assurance that the running of the App will be incessant or error free.
FieldInsight will not be liable, in contract, tort (including, without
limitation, negligence), under statute or otherwise, as a result of or in
connection with the App, for any:
- economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation; or
- special or indirect, punitive or consequential loss.
- We shall not be liable for any unauthorised use of the App, or the consequences thereof. Such unauthorised usage shall be entirely at your own risk that may be punishable under the terms of relevant laws for the contravention thereof.
If FieldInsight is liable to you directly or indirectly in relation to the app,
that liability (howsoever arising) shall be limited to:
- the sums paid by you upon purchasing the App, or any in-app spend, including subscriptions, whichever is the lesser of the amounts.
- Nothing in these Terms shall be construed as excluding or limiting the liability of FieldInsight or its affiliate companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by law.
FieldInsight reserves the right to suspend or cease providing any Services relating to the App published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
- These Terms (as amended from time to time) constitute the entire agreement between you and FieldInsight concerning your use of the App.
- FieldInsight reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App.
- These Terms shall be governed by and construed in accordance with Nigerian law and you agree to submit to the exclusive jurisdiction of the Nigerian Courts.
- If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the Parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
- FieldInsight’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FieldInsight in writing.
- Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits in favour of any person other than you, FieldInsight and its affiliate companies.
We shall not be involved in any dispute or claim that may arise between you and any affiliate company unless the said dispute or claim relates specifically to and can be traced to the use of the App in which the same shall be subject to the relevant terms and conditions governing the use of the App prevailing from time to time and the dispute or claim was notified to us within thirty (30) days of occurrence.
- Any notice required under the Terms and Conditions shall be in writing and may be served either personally, or by registered or recorded delivery mail, or by telex or facsimile transmission to our address.
- A notice shall be deemed to have been served in person, if it was at the time of service, or if it was served by or facsimile transmission, at the time of the transmission.
You can contact the FieldInsight team at [email protected]