MARCELLE RUTH CANCER CENTRE LIMTED
WEBSITE TERMS OF USE

These Terms of Use (“Terms”) constitute a binding legal agreement between you (whether using personally or on behalf of any person) (“you” or “your”) and Marcelle Ruth Cancer Centre Limited (“we,” “us” or “our”) and they govern your access to and use of www.marcelle-ruth.com, our products and services through any platform/channel, device/application related, linked, or otherwise connected to www.marcelleruth.com (collectively, “Site”).

By accessing or using our Site, you agree that you have read, understood and agree to be bound by these Terms. Where you do not agree, you are not permitted to access or use our Site and you must discontinue use immediately.

We reserve the right, at our sole discretion, to amend, vary or modify these Terms at any time with or without any reason. In the event of any modifications to these Terms, we will inform you by updating the “Last Updated” date of the Terms. You hereby waive any right to receive specific notice of each such change and it is your responsibility to ensure you remain abreast of any updates. You will be deemed to have been made aware of and to have accepted the changes in the modified Terms by your continued use of the Site after the date on which such revised Terms are posted. If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use the Site and must discontinue use immediately. For avoidance of doubt, changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.

Our Site may also be updated frequently, and its form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue any and all of our Site (and/or the appearance, design, functionality, and all other aspects of any and all of our Site in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.

We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms and/or our Site, including any loss of business or the ability to use any product, service or Content. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Any ancillary terms that may be posted on our Site from time to time are hereby expressly incorporated herein. Please read these Terms carefully, and feel free to contact us should you require any information or clarification.

In these Terms, the following words and expressions shall have the following meanings:

Content” means any and all information, source codes, databases, functionality, software, website designs, information, text, photographs, graphics, images, data, audio, video and other material provided on or through our Site or via email notifications. Content encompasses our Content and User Content.

User” means any Person that accesses or uses our Site in any way

User Content” means any and all Content that a User submits or otherwise provides on or through our Site.

Person” means any natural or legal person, including bodies, agencies, entities and any legal person.

GENERAL TERMS

Kindly refer to our Privacy Policy (“Policy”) at www.marceleruth.com/privacy-policy which forms part of these Terms. By accessing or using our Site and agreeing to these Terms and the Policy, you agree that your information may be collected, stored, shared, processed, and used in accordance with the Policy and these Terms.

Where you are required to provide any information relating to your use of the Site, you agree to provide only true and accurate information, and if necessary, to update all such information to keep it accurate and current.

Information provided on our Site is not intended for distribution to or use by any Person in any jurisdiction or country where such distribution or use would contravene any law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Consequently, those who choose to access the Site from jurisdictions other than Nigeria do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that such laws are applicable.

You may use our Site only if you have the legal capacity to enter into and execute a contract and this Site is intended for Users who are at least 18 years old. Users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Site.

Some Content may be considered inappropriate for children and minors and we do not censor our Content in this regard. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing the Site and any Content that you think is or may be inappropriate for them. If you are a teacher, you may display Content from our Site to your students at a non-commercial indoor lecture or seminar conducted by you, provided you do not reproduce or distribute such Content. Also, if any of your students access or use our Site, these Terms will apply to each of those students individually. However, please note that the permissions granted in this clause do not apply if your students are under the age of 18.

Additional eligibility requirements may apply and we will notify you of such additional requirements by updating these Terms.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and Content including all trademarks, service marks, product names, domain names, or other distinctive brand features, copyright, logos and other intellectual property on the Site (“Marks”) are our property or the property of third parties who have licensed the Content to us. All of this property is protected under intellectual property laws, unfair competition laws and international conventions. The Content and the Marks are provided on the Site for your information and for the purposes of this Site.

We own and retain, solely and exclusively, all rights, title, and interest in and to our Site, the look, feel, design and organization of our Site, all Content (unless otherwise indicated) and the compilation of all Content on our Site, including all trade secrets and proprietary rights therein. These Terms do not grant you any ownership over the foregoing, or any intellectual property rights or licence (except as expressly provided) in any Content, although you remain the owner of any intellectual property rights that you may have in your User Content.

Except as expressly provided in these Terms, no part of the Site, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission or (as applicable) the appropriate third party rights holder. Any commercial exploitation of any image or other Content without express prior written permission from us or (as applicable) the appropriate third party rights holder, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited. You are only granted limited license to access and use the Site, and to download or print any portion of the Content to which you have properly gained access solely for your personal and non-commercial use.

THIRD-PARTY WEBSITES AND CONTENT

Our Site may include links that enable access to other websites, products and/or services as well as articles, photographs, text, graphics, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”). Such links to Third Party Content are for convenience only and do not constitute or imply an endorsement or warranty or assumption of liability by us with respect to any such links or the Third -Party Content. You are solely responsible for reviewing any terms of use and/or privacy policies of any other websites or any Third-Party Content to which we may provide a link, and we assume no liability for the information or security measures (or lack thereof) contained therein.

Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third Party Content accessed through, posted on, available through or installed from the Site, including in respect of the accuracy, offensiveness, opinions, reliability, privacy practices, security or other policies of or contained in the Third Party Content.

Our Site may use Google Maps/Earth mapping services, including Google Maps/Earth APIs. By using our Google Maps/Earth API implementation, you agree to Google’s terms of use and privacy policy as amended by Google from time to time.

SOCIAL MEDIA AND THIRD -PARTY ACCOUNTS

You may be able to link your activity on our Site with online accounts which you have with third party service providers (“Third Party Account”) including by creating links to our Site from those Third Party Accounts (through login details, embedded links or otherwise) or by allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

You represent and warrant that you are entitled to do the foregoing or any acts analogous to the foregoing, without breach of any of the terms and conditions that govern your use of the applicable Third Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third party service provider of the Third Party Account.

For more information on how we would use the access which you may grant us to your Third -Party Accounts, please see our Privacy Policy.

DISCLAIMER

You acknowledge and agree that your access to and use of the site will be at your sole risk.

Any and all medical information provided on the site is for general information purposes only and not to be relied upon as a diagnosis or for treatment purposes. This information does not create a doctor-patient relationship and should not be used in place of a professional diagnosis.

Marcelle Ruth Cancer Centre Limited expressly disclaims responsibility and shall have no liability for any damages, loss, injury or liability that arises as a result of your reliance on the information contained in this site.

INTERNATIONAL USE

Our services, the Site and all related activity are based in Nigeria and regulated by Nigerian law and we do not represent or warrant that our services, the Site or such related activity will be appropriate or available for use outside Nigeria.

If you are located outside Nigeria, you agree to ensure that your access to and use of our Site complies with all applicable laws and regulations, including any laws and regulations governing data Kindly refer to the Privacy Policy.

SITE MANAGEMENT

We reserve the right, but have no obligation to:

  • Monitor the Site for violations of these Terms;
  • Take appropriate legal action against anyone who, in our judgement, violates the law or these Terms, including without limitation, reporting such User to law enforcement authorities;
  • Refuse, restrict access to, limit the availability of or disable (to the extent technologically feasible) any of your User Content or any portion thereof, at our sole discretion and without limitation, notice or liability;
  • Remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, at our sole discretion and without limitation, notice or liability;
  • Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

TERMINATION

Every provision of these Terms shall remain in full force and effect while you use the Site however you may stop using our Site at any time, subject to any other agreements between you and us. Regardless of any other statement in these Terms and without limiting any other provision of these Terms, we reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the site to any person for any reason or for no reason, including without limitation, for breach of any representation, warranty, or covenant contained in these terms or breach of any applicable law or regulation. We may terminate your use of the site without warning or notice and at our sole discretion.

After any termination of these Terms and/or any termination of your access to or use of our Site, the following will survive and remain in full force and effect (i) all outstanding obligations you may have to us under these Terms or otherwise (ii) all remedies for breach of these Terms, (iii) the following sections of these Terms (User Content),(Our Site), (Third-Party Websites and Content), (Disclaimer), (Governing Law and Dispute Resolution), (International Use), (Termination), (Feedback), (Miscellaneous) and any other section or provision intended to survive such termination.

FEEDBACK

We want to provide an enjoyable, user friendly and useful service to our Users and as such we invite constructive feedback, suggestions or other information (“Feedback”) about our Site, the services we provide and your experience. Please note that this Feedback is provided on a non-confidential basis and shall become our property. In addition, you agree that we shall be entitled to the unrestricted use and dissemination of this Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. In any case, we will have no obligation to act on, use or respond to any Feedback in any way. You hereby waive all moral and other rights to any such Feedback and you hereby represent and warrant that any such Feedback is original or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

MISCELLANEOUS

These Terms and any policies posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to any Person at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any circumstances beyond our reasonable control.

Notwithstanding that any part or any provisions of these Terms may be proven to be illegal or unenforceable, the other provisions of the Terms and the remainder of the provision in question will remain in full force and effect.

Nothing in these Terms shall be deemed to constitute a partnership, employment, agency relationship or joint venture between us and any User or constitute us as the agent of any User and vice versa for any purpose or entitle us to bind or commit any User to any debt, obligation or in any manner whatsoever, and vice versa.

You agree that the interpretation of the provisions of these Terms or any other agreement between us and any User will not be construed against us by virtue of our having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of physical signing and agree that your use of the Site in any manner constitutes your full acceptance of these Terms.

COMPLAINTS

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us with the details provided within the Site.

 

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and your use of our Site are governed and construed in all respects in accordance with the laws of the Federal Republic of Nigeria and any amendments, re-enactment of those laws, without regard to conflict of law principles.

In this section of these Terms, we and our Users are collectively the “Parties” and individually a “Party”. In the event of any dispute, difference or claim arising out of or in connection to these Terms and/or use of the Site, the Parties shall first, using their best endeavors and the utmost good faith, attempt to resolve such dispute, difference or claim amicably and privately amongst themselves within thirty (30) days or such extension as may be agreed between the Parties.

Where such dispute, difference or claim remains unresolved after the prescribed time, such dispute shall be referred to and finally determined by Arbitration in accordance with the Rules of the International Chamber of Commerce.

The Arbitral Tribunal shall consist of 3 (Three) Arbitrators (each Party to appoint 1 (One) Arbitrator and the 2 (Two) Arbitrators so appointed to appoint the 3rd Arbitrator who shall preside over the Arbitral proceedings. Where either Party fails to appoint an Arbitrator or the Arbitrators fail to appoint the presiding Arbitrator within 30 days after a request for a reference to Arbitration is made by either Party, either Party may apply to the President, for the time being of the International Court of Arbitration for such appointment.

The seat of the arbitration shall be Lagos and the language of the proceedings shall be English. The decision of the Arbitrators shall be final and binding on the Parties and all and any awards of the Arbitrators shall be made in writing. The final award shall be made no more than four (4) months from the appointment of the tribunal but, insofar as this is impracticable, it shall be made as soon as possible after this prescribed period.

The Parties agree that any Arbitration shall be limited to disputes, differences or claims between us and each User individually. To the full extent permitted by law, no Arbitration or any other proceeding shall be joined with any other proceeding and that they waive any right or authority for any dispute, difference or claim to be arbitrated on a class-action basis or to utilize class action procedures. The Parties also agree that there is no right or authority for any dispute, difference or claim to be brought in a purported representative capacity on behalf of the general public or any other persons.

The inclusion of these Arbitration provisions shall not be deemed or construed to prevent any Party from seeking urgent relief from competent courts in deserving circumstances.