Terms And Conditions
These Terms and Conditions (T&Cs) relate to all 'Goldencares
Enterprise’ (from here on Goldencares) services: it is meant for both
contributors to and users of our platform & publisher in the applicable
country of operation, as well as show to third-parties how our platform &
publisher functions.
By visiting our website service, you are accepting the T&Cs
outlined. They additionally cover our newsletter and other touch points with
our platform & publisher – unless they are covered directly by T&Cs of
third-party-providers. When terms are mentioned about the
website/platform/publisher in these T&Cs they relate to all services
provided by the company.
Terminology
The following terminology applies to these Terms and Conditions, Privacy
Statement and Disclaimer Notice and any or all Agreements:
·
“Content” includes the text, software, scripts, graphics, photos,
sounds, music, videos, audiovisual combinations, interactive features and other
materials you may view on, access through or contribute to the Services.
·
“Contributor”, “You”, and “Your” refers to you, the person contributing
to the website and accepting the Company’s terms and conditions. This includes
employees working directly for Goldencares-related companies and owners of the
brand.
·
“User”, “You”, and “Your” refers to you, the person accessing this
website and our other services and/or contributing to it and accepting the
Company’s terms and conditions.
·
“The Company”, “Ourselves”, “We” and “Us” refers to our Company.
·
“Party”, “Parties”, or “Us” refers to both the user and ourselves, or
either the user or ourselves.
·
Any use of the above terminology or other words in the singular, plural,
capitalization and/or he/she or they, are taken as interchangeable and
therefore as referring to same.
Our Policies And Requirements For Contributors
·
You must be at least [18] years of age to use this website. By using
this website and by agreeing to these Terms and Conditions you warrant and
represent that you are at least [18] years of age.
·
By submitting your text, software, scripts, graphics, photos, sounds,
music, video to our website for consideration for posting you hereby confirm
the rights and responsibilities that you have with regard to the video and
hereby grant Goldencares the irrevocable right and license to duplicate,
broadcast, exhibit, transmit and exploit the video, or to allow Goldencares to
grant sublicenses to third parties to duplicate, broadcast, exhibit, transmit
and exploit the video, on the internet, mobile platforms or other media
throughout the world.
·
You represent that you either created the content yourself or have
received the legal right and authority from the person who created the text,
software, scripts, graphics, photos, sounds, music, video to grant
Goldencares full and unrestricted rights to the text, software, scripts,
graphics, photos, sounds, music, video, and that our exercise of such rights
shall not constitute an infringement of any copyright, civil, personal or
property right of any third party. If you are submitting a text, software, scripts,
graphics, photos, sounds, music, video, you represent that you have full
authority, permission and license from all copyright holders.
·
Unless otherwise agreed to in writing, Goldencares shall have no
obligation to publish or post your text, software, scripts, graphics, photos,
sounds, music, video. For all content published or posted upon the site, we
reserve the right to remove it at our discretion for any reason whatsoever and
we will give no refunds or compensation.
·
You hereby agree that you will indemnify Goldencares, its officers,
employees and agents, from and against any and all claims, demands, actions,
losses, liabilities, costs and expenses arising from any breach or alleged
breach of any term, warranty or condition of this agreement, or from any claims
of infringement or alleged infringement arising from your text, software,
scripts, graphics, photos, sounds, music, video submission.
·
As an interested party, you may submit Content. You understand that
whether or not Content is published, Goldencares does not guarantee any
confidentiality with respect to Content.
·
You understand and agree that you are solely responsible for your own
Content and the consequences of posting or publishing it. Goldencares as a
platform and publisher does not endorse any Content or any opinion,
recommendation, or advice expressed therein, and it expressly disclaims any and
all liability in connection with Content. Goldencares as a publisher has
defined editorial values of Truth, Insightfulness and Entertainment it asks to
be upheld, but it does not define or take responsibility for local Content. It
rather functions as an independent platform. This is explicitly true for both
third-party users as well as employees of companies associated or employed by Goldencares-related
or owned companies.
Our Policies And Requirements For Users
Goldencares hereby grants you permission to access and use the Service,
subject to the following express conditions, and you agree that your failure to
adhere to any of these conditions shall constitute a breach of these Terms on
your part:
a) you agree not to distribute any part of or parts of the Website or
the Service, including but not limited to any Content, in any medium without Goldencares
prior written authorisation, unless Goldencares makes available the means for
such distribution through functionality offered by the Service;
b) you agree not to (or attempt to) circumvent, disable or otherwise interfere
with any security related features of the Service or features that (i) prevent
or restrict use or copying of Content or (ii) enforce limitations on use of the
Service or the content accessible via the Service;
c) you agree not to use the Service for any of the following commercial uses
unless you obtain Goldencares prior written approval:
i. the sale of access to the Service
ii. the sale of advertising, sponsorships or promotions placed on or within the
Service, or Content ;
iii. the sale of advertising, sponsorships or promotions on any page of an
ad-enabled channel or website containing Content delivered via the Service
d) you agree not to use or launch any automated system (including, without
limitation, any robot, spider or offline reader) that accesses the Service in a
manner that sends more request messages to the Goldencares servers in a given
period of time than a human can reasonably produce in the same period by using
a publicly available, standard (i.e. not modified) web browser;
e) you agree not to collect or harvest any personal data of any user of the
Website or any Service (and agree that this shall be deemed to include Goldencares.ng
account names);
f) you agree not to use the Website or the Services (including the comments and
email features in the Website) for the solicitation of business in the course
of trade or in connection with a commercial enterprise;
g) you shall not copy, reproduce, distribute, transmit, broadcast, display,
sell, license, or otherwise exploit any Content for any other purposes without
the prior written consent of Goldencares or the respective licensors of the
Content.
Governing Laws & Regulations
These Terms and Conditions shall be governed by and interpreted in
accordance with all applicable federal and state laws, rules and regulations of
the applicable country of operation. By accessing this website and using our
services, you consent to these terms and conditions and to the exclusive
jurisdiction of the courts in all disputes arising out of such access. If any
of these terms are deemed invalid or unenforceable for any reason, then the
invalid or unenforceable provision will be severed from these terms and the remaining
terms will continue to apply. Failure of the Company to enforce any of the
provisions set out in these terms and Conditions and any Agreement, or failure
to exercise any option to terminate, shall not be construed as waiver of such
provisions and shall not affect the validity of these Terms and Conditions or
of any Agreement or any part thereof, or the right thereafter to enforce each
and every provision.
Disclaimer
Goldencares accepts no responsibility whatsoever for the content of any
site connected to this website whether by hyper-link or otherwise. Any links
provided from its website are on an ‘as is’ basis and with no warranty
whatsoever whether express or implied as to their functionality, use, or in
respect of the information provided on or linked to their related sites.
Goldencares takes all reasonable steps to demand of its Contributors to
ensure that the information displayed on its website is accurate and up to date
but we accept no liability whatsoever for any loss occasioned to any person
firm or company (whether direct, indirect or consequential) nor for any damages
(whether general, special or aggrivated, punitive including triple damages),
costs, claims or expenses arising from any action, error or omission on Goldencares’s
part or that of its employees or agents or any other third parties in
connection with the information displayed on its website.
Goldencares and/or any of its affiliates disclaim all liabilities,
obligations, warranties or responsibility in any event whatsoever and make no
representation, either express or implied, statutory or otherwise, including
warranties or representations with respect to the accuracy, reliability,
completeness, fitness for particular purpose, merchantability, non-infringement
of third parties rights and/or safety of the contents of this Web Site, and any
representations and warranties relating thereto are expressly disclaimed. Goldencares
and/or any of its affiliates shall not be liable for any loss or damage arising
out of your use or access, or inability to use or access, the Web Site. Goldencares
does not warrant that the functions contained in the materials available on
this site will be uninterrupted or error-free, that defects will be corrected,
or that the materials, this site or the server that makes them available are
free of viruses or other harmful components. You assume the entire risk and
cost of all necessary servicing, repair and correction.
We may periodically amend, add, delete, update or alter the services
including, without limitation, these terms and conditions. We may suspend or
discontinue the services provided through this Web Site at any time without any
prior notice.
You agree that neither we nor any of our officers, directors, employees,
shareholders, parents, subsidiaries, affiliates, agents or third party service
providers nor our vendors, suppliers, or licensors is responsible for any
damages resulting from:
·
anything done or not done by us and/or someone else;
·
providing or failing to provide services, including, but not limited to,
deficiencies or problems with a device or network coverage (for example,
dropped, blocked, interrupted services, etc.);
·
traffic or other accidents, or any health-related claims relating to our
services;
·
data content or information lost or accessed while using our services;
·
interrupted, failed, or inaccurate location information services;
·
information or communication that is blocked by a spam filter or other
security or safeguard device;
·
damage to your device or any computer or equipment connected to your
device, or damage to or loss of any information stored on your device,
computer, equipment, or boost storage space from your use of the services or
from viruses, worms, or downloads of malicious content, materials, data, text,
images, video, or audio; or
·
things beyond our control, including acts of god (for example,
weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike,
war, terrorism, or government orders or acts.
·
You should implement appropriate safeguards to secure your device,
computer, or equipment and to backup your information stored on each.
To the extent allowed by law, our liability for monetary damages for any
claims that you may have against us is limited to no more than the
proportionate amount of the service charges attributable to the affected
period. Under no circumstances are we liable for any incidental, consequential,
punitive, multiple, or special damages of any nature whatsoever arising out of
or related to providing or failing to provide services in connection with a
device, including, but not limited to, lost profits, loss of business, or cost
of replacement products and services.
Amendment, Assignment & Waiver
Amendment and Notification of Changes
The Company reserves the right to change, amend, modify, or revise these
conditions from time to time as it seems fit and your continued use of the site
will signify your acceptance of any adjustment to these terms. Any use of the
Services following such notice will constitute your agreement to such
change(s).
Further, we may, from time to time, revise or update the applications,
services, and/or related material, which may render all such prior versions
obsolete. Consequently, we reserve the right to terminate these Terms and
Conditions as to all such prior versions of the applications, services, and/or
related material and limit access to only the most recent revisions and
updates.
These terms and conditions form part of the Agreement between the User
and the Company. Your accessing of this website and/or undertaking of a
contract or booking indicates your understanding, agreement to and acceptance,
of the Disclaimer Notice and the full Terms and Conditions contained herein.
Assignment
You may not transfer, assign, or sub-contract any of your rights and
obligations under these Terms and Conditions. We may assign, transfer, or
sub-contract our rights and obligations under these Terms and Conditions
without notifying you or obtaining your consent, and with no further liability.
Waiver
Failure of either
Party to insist upon strict performance of any provision of this or any
Agreement or the failure of either Party to exercise any right or remedy to
which it, he or they are entitled hereunder shall not constitute a waiver
thereof, and shall not cause a diminution of the obligations under this or any
Agreement. Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of these Terms and Conditions. No waiver of
any of the provisions of this or any Agreement shall be effective unless it is
expressly stated to be such and signed by both Parties. No delay or omission on
our part in exercising any rights or remedies shall operate as a waiver of such
rights or remedies or any other rights or remedies. A waiver on any one
occasion shall not be construed as a bar or waiver of any rights or remedies on
future occasions.
b) you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
c) you agree not to use the Service for any of the following commercial uses unless you obtain Goldencares prior written approval:
ii. the sale of advertising, sponsorships or promotions placed on or within the Service, or Content ;
iii. the sale of advertising, sponsorships or promotions on any page of an ad-enabled channel or website containing Content delivered via the Service
d) you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the Goldencares servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
e) you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include Goldencares.ng account names);
f) you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
g) you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Goldencares or the respective licensors of the Content.
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