Check bodi user agreement

Check bodi nigeria limited terms of service (check bodi web app)

A. The terms

1. General; acceptance of terms

Welcome to check bodi ("service"), the web and application-based service owned and operated by check bodi nigeria limited ("check bodi ltd"). The terms of service applies to the services provided via the websites and mobile applications known as check bodi (checkbodi.com)

The service permits customers to upload images of skin conditions privately and permits professionals to post information about skin conditions privately in response to customers’ uploads. Customers’ uploaded images are received and stored as anonymous images; they are not associated with any identifying information regarding customers.

By using the service in any way, you are agreeing to comply with and be bound by this agreement and the privacy policy, as applicable (collectively "related agreements"), and all rules, policies and disclaimers posted on the service or about which you are notified (collectively "terms"). If you do not agree with all the terms, or if you are under the age of thirteen (13), do not use the service. Please review all of the terms carefully before using the service.

The service does not provide health care services or serve as a communications conduit for health care services. If you have a medical emergency, dial 112 or 119 (nigeria) or your local emergency number. If you require non-emergency medical services, contact your regular health care provider.

By using the service, you (i) agree to be bound by the terms and (ii) represent that you are over the age of thirteen (13) and able to form legally binding contracts,

Please note that these terms provide that if you and check bodi are unable to resolve any disputes that arise between you and check bodi, the dispute will be resolved by a specific dispute resolution process that may include arbitration. Arbitration is binding and is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You and check bodi also agree that any claims or disputes cannot be brought as a class action. Please carefully review the dispute resolution section below and visit http://www.adr.org for more information about arbitration.

2. Definitions

In the terms, "user," "you" and "your" refer to the individual or entity that uses the service (customer of professional). "check bodi," "we," "us" and "our" refer to check bodi nigeria limited. "customer" refers to the person who uploads an image on the service. "professional" refers to the person who provides information regarding the skin condition shown in an image posted on the service (i.e. A medical doctor).

3. Electronic communications and right to modify terms

When you use the service, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by posting notices on this service or by other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Check bodi may modify any of the terms at any time by posting them on the service. Changes shall automatically be effective upon posting. Your continued use of the service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the service. The latest terms will be posted on the service, and you should always review them prior to using the service.

B. The service

1. Check bodi is a venue; third-party content

The service is a venue for informational and educational purposes to allow customers to upload images of skin conditions, seeking information, and professionals to answer them privately with posts containing information. Users of the service, not check bodi, provide the content in posts (defined below). The professionals determine which questions to answer; professionals are not employees or agents of check bodi but are independent service providers using the service to sell information to customers and are, as such, along with customers, simply users of the service.

Check bodi is not involved in the conversations between customers and professionals and does not refer customers to or endorse or recommend particular professionals. You understand and acknowledge that check bodi cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of posts. Check bodi shall not be liable for any acts or omissions of professionals, content in posts, the ability of professionals to answer questions or the ability of customers to pay for answers. We cannot ensure that a customer or professional will complete a transaction. Notwithstanding the foregoing, check bodi reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any user’s access to the service.

Emergency questions and crisis situations should be directed immediately by telephone or in person to qualified professionals (e.g. In nigeria, call 119 or 112). The service is not the appropriate venue to deal with such situations.

2. Posts are not private or confidential; anonymity

The service is an internet-based information service and is not used for the provision of professional medical advice. User communications are encrypted and are only as private or confidential as encrypted communications on the internet can be, which means that they may be intercepted and read by third parties, and are not protected by any physician-patient or other privilege. Check bodi maintains records of customer payments separate from anonymous customer posts regarding skin conditions, and only so long as necessary to generate a customer code that will permit a customer to unlock a professional’s post. Payments are processed by third party payment processors that commit to being pci compliant (i.e., compliant with data privacy and security standards for their industry). Check bodi follows reasonable data storage practices, but makes no warranty or representation regarding the privacy or security of any information that it collects or maintains.

3. Verification; no reliance on the term "professional" or “diagnostics”

Every professional on the service has been verified by check bodi or its contractors as qualified to respond to inquiries posted on the service. Check bodi conducts reviews of each professional’s responses to inquiries posted by customers on a random basis, but does not commit to do so on an ongoing basis, and assumes no liability for the content of such responses. While check bodi strives to admit only high-quality professionals onto the service, use of the term "professional" by check bodi and on the service is only meant to describe users who answer questions on the service, and not to guarantee any particular level of expertise of the professional. Check bodi cannot and does not make any guarantee, warranty or representation with respect to the qualifications of individual professionals or any information they may provide via the service. All users acknowledge that check bodi will not be liable for any loss or damage caused by reliance on any information or content contained in posts.

4. Information not advice; no client-professional relationship

Information provided by professionals via the service is not medical advice. No physician-patient relationship is created by use of the service.

Answers of professionals on the service are provided by professionals and are to be used by customers for general information purposes only, not as a substitute for in-person evaluation or specific professional medical advice. Professionals will provide only general information about skin conditions, and will not provide medical advice nor propose a specific course of action for a customer; by answering questions, professionals do not form physician-patient relationships with customers on the service. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location. Professionals in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions. Professional medical advice may require information typically discovered through in-person evaluations or visits.

Communications on this service are not confidential and shall not be the subject of any privilege. Communications on this service are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.

C. Use of the service

1. Restricted activities.

You agree that any content you provide on the service and your use of our service shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (check bodi has takedown procedures for unauthorized use of copyrighted material); (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with check bodi or the service; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our isps or other suppliers; or (h) link directly or indirectly to or include descriptions of goods or services that (i) are prohibited under the terms; or (ii) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the service without check bodi's prior written consent. We do not knowingly collect personal information from children under thirteen (13) years of age, and if we become aware that a child under the age of thirteen (13) has submitted personal information to us, we will promptly remove it from our systems.

You are prohibited from soliciting users of this service, including professionals, for any purpose (including inviting other users to contact you off of the service or inviting users to participate in a web service that competes with check bodi or the service or charges money to receive answers or to communicate with purported experts or professionals).

Suspension or termination of service. At any time, without notice, for any or no reason, check bodi reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the service, and to restrict, suspend and terminate users’ accounts.

2. Charges

After a customer uploads an image of a skin condition to the service, the image is viewed by a professional, and the professional uploads information about the image, check bodi will notify customer. If customer then pays the then-current fee via paypal or stripe in accordance with check bodi’s instructions, CheckBodi does not guarantee that you will receive a response from a professional, or that you will be satisfied with your communication with a professional.

3. Receipt of special offers and other communications

Check bodi maintains the right to initiate special incentive pricing, membership, and other programs.

D. Legal statements

1. Release

Users are responsible for their acts and omissions and content placed on the service. Because the check bodi service is a venue, in the event that you have a dispute with one or more users, you release check bodi (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assignees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a california resident, you waive california civil code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

2. Proprietary rights to content

You acknowledge that check bodi and its licensors and suppliers own the rights to the check bodi service and the content displayed on the service other than posts. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the check bodi web service, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the service, by check bodi, users, or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the service, including code and software for commercial purposes. For permission to use third-party materials appearing on the service, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the service. The posting of information or materials on the service does not constitute a waiver of any right in such information and materials.

You grant to check bodi a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works from, content that you have in your posts, in any media now known or not currently known. This licensed right may be exercised in order to provide the service and for other purposes.

3. No endorsement of non-check bodi entity; no relationship with users

Checkbodi may endeavor to offer to its users products and services offered by non-checkbodi entities. Placement of information, logos, links or names of such non-checkbodi entities on the service does not constitute an endorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or patronize any such entity and hold checkbodi harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and check bodi or between any usera (including customers and professionals) and checkbodi by formation of this agreement (or any of the related agreements) or by your participation on the service. It is the responsibility of the user to evaluate the accuracy, completeness and usefulness of any opinion, answer or other content available through the service, from third parties or obtained from a linked service. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, answer, product, service, or other content.

4. Exclusion of warranties

Checkbodi services and related documentation are provided "as is" and without any warranty of any kind either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. No information, whether oral or written, obtained by you from us through this service shall create any warranty, representation or guarantee not expressly stated in these terms. Checkbodi does not represent or warrant that the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available, are free of viruses or other harmful components. CheckBodi does not warrant or represent that the use or the results of the use of the materials available through the service, from third parties or a linked service will be correct, accurate, timely, reliable or otherwise. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Under no circumstances will CheckBodi be liable for any loss or damage caused by a user's reliance on information obtained through the service, from third parties (such as professionals or others) or a linked service, or user's reliance on any product or service obtained from a third party or a linked service. Use of this service is at users' sole risk.

No advice or information, whether oral or written, obtained by you from CheckBodi or through or from the CheckBodi services shall create any warranty.

5. Limitation of liability

In no event shall CheckBodi, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors or assigns be liable for any indirect, special, incidental, consequential, punitive or exemplary damages (including but not limited to loss of business, profits, data, use, revenue or other economic advantage), arising out of or in connection with our service, our services or the terms based on any theory, even if advised of the possibility of such damages. The limitation of damages set forth above is a fundamental element of the basis of the bargain between us and you. This service and the information would not be provided without such limitations. In no event will our liability, and the liability of our parents, subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance exceed the greater of (a) the amount of fees you pay to CheckBodi in the 12 months prior to the action giving rise to liability, or (b) us$10. Some states or other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

You and CheckBodi agree that any action arising out of or related to this service must commence within six (6) months after the cause of action arose (except for causes of action arising out of users' responsibilities in the indemnification section below); otherwise, such cause of action is permanently barred.

6. Indemnification

You agree to indemnify and hold CheckBodi, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of the service.

7. Agreement; assignment; miscellaneous

The terms constitute the complete and exclusive statement of the agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the terms. If there is a conflict between an oral or written representation of any CheckBodi employee or agent and the terms (other than modifications to the terms executed in writing by the CEO or authorized-in-fact representative of CheckBodi), the terms will prevail.

If any provision(s) of the terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. CheckBodi’s failure to exercise or enforce any of the terms shall not constitute a waiver of CheckBodi’s right to exercise or enforce the terms as to the same or another instance. Headings in this and related agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the terms.

You agree that CheckBodi may assign the terms to any other entity of its choosing, with or without notice to you. You may not assign the terms to any other party for any reason. CheckBodi shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of CheckBodi. No delay or omission on the part of CheckBodi in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the terms are solely used for the convenience of the parties and have no legal or contractual significance.

29/04/20

Check bodi privacy & security policy (check bodi web-app)

Check Bodi LTD (“CheckBodi") is committed to protecting your personal information and privacy. This privacy & security policy applies to the service provided via the websites and mobile applications known as CheckBodi (checkbodi.com) referred to as the “service”. This policy describes the personal information we collect from you and how we use and secure it. "Personally Identifiable Information" or “PII” means information that can be used to identify you personally, such as an email address, a photograph with unique identifying features, etc.

Capitalized terms not defined in this privacy & security policy will have the meanings set forth in the terms of service.

1.  Information we collect

If you choose to provide us with your PII by using the service, you are agreeing to the processing and storage of your information in the united states and countries outside of the united states which may have data protection laws that differ from laws in your country.

Information collected by CheckBodi consists of the following, and constitutes a “case”:

A) two images of the user’s skin condition. These images are generally non-identifiable but may be identifiable if the user submits images of the face, rare birthmark, or identifying tattoo. We encourage users to submit images that are regarded as having no identifying features.

B) descriptive text on the symptoms, duration, history, age, gender, etc of the skin problem.

C) we give the user the option to submit an email address via the webform (not ios or android) so they may be notified when their case is answered. This is optional and is not required by the user. Email addresses are deleted from our servers immediately after the customer has been notified their case has been answered. We do not store, sell, or catalogue email addresses past this time.

D) on ios, an apple push notification token, which is generated by the user’s device, is stored to allow for a push notification when the customer’s case has been answered and remind of any outstanding cases to be answered.

To help facilitate the question and response process, and the payment of professionals (i.e doctors), CheckBodi may require basic data from customers such as email address to be submitted to third party payment processors, such as paypal and payson.

Professional applicants (i.e. Doctors) may be asked for additional information, such as full names, addresses, telephone numbers, professional license and certification information, and payment-related information. Other pii may be requested in certain circumstances.

Customer payment and contact information via third parties (paypal and google wallet) is stored separately from customer cases. CheckBodi provides customers with alphanumeric codes once payment is confirmed, and the codes may be used to view professionals’ reports. The reports do not contain customer email addresses or other pii, except to the extent that the images or reports themselves depict or describe a condition sufficiently rare/unique that they are pii.

CheckBodi is intended for use by persons over 13 years old. In addition, it does not knowingly solicit or collect pii from persons under 13 years old. We may delete from the service pii, as well as posts and other information, from users we believe are under the age of 13.

To enhance and individualize your experience with the service, we may use small files called "cookies" on our websites that let us know that you are a prior user and help us ensure that your information is directed to you. We also use services on the web and in our mobile applications that help us improve your customer experience. (for example, if a report is waiting for you and you have not accessed it, we may remind you to do so.) We do not use these services to collect information about you for any other purpose.

2.  Use of your information

We will share your personal information with third parties only in the ways that are described in this privacy policy.

CheckBodi may use, share, transfer, or disclose your PII and/or usage statistics, itself or in conjunction with third parties, for payment processing, fraud prevention, customer service, research, and to tailor CheckBodi content and services to its users’ needs. These third parties are authorized to use your PII only as necessary for the purpose(s) of CheckBodi’s agreements with them.

CheckBodi may share your PII with any parent company, subsidiaries, joint ventures, or other companies under common control, in which event it will require that such companies follow this policy with respect to your PII.

3. Correspondence sent to you

CheckBodi will not send you any unsolicited information, including e-mail, except:

A) users may receive CheckBodi registration emails when their cases have been responded to, professional applicants may receive CheckBodi communications relating to their applications, professionals may receive notifications of images submitted by customers, and all users may receive updates and notices about case, their accounts, payments and new features and policies;

4. Deleting PII

If at any time you would like your PII to be removed from the service and/or database, or believe that CheckBodi has not adhered to these privacy principles, please notify us by email at checkbodi@gmail.com. We will use commercially reasonable efforts to delete your PII and/or promptly detect and remedy any problems.

5. Links to third-party sites

To the extent that links to other web sites are contained in posts on the service, please note that they are not operated or controlled by CheckBodi and CheckBodi is not responsible for the privacy practices, security, or content of these third-party sites. We encourage you to carefully read the privacy policy of any web site you visit.

Our site may include social media features, such as the Facebook like button and widgets, such as the share this button or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our web site. Your interactions with these features are governed by the privacy policy of the company providing it.

6. Security and data retention

CheckBodi uses multiple security procedures and practices to protect from unauthorized access, destruction, use, modification and disclosure users’ PII.

All PII is password protected. All passwords use encryption.

CheckBodi uses third party services to process payments (PayPal and Stripe). CheckBodi obtains and stores only so much payment information as is necessary to generate the code associating the payment with the image, and only for so long as is necessary to ensure delivery of the report. (for example: last four digits of credit card; email address if one is collected and forwarded by the payment processor.) No payment information is stored on the same servers as user images, comments and reports. CheckBodi does not send images, comments or reports to email addresses collected by payment processors.

Our main servers are hosted by a third-party provider in a private and secure environment.

Despite these security procedures and practices, as is the case with all computer networks connected to the internet, CheckBodi cannot guarantee the security of your PII or any other information provided over the internet and will not be responsible for breaches of security.

We retain your account information and the information provided by you in the form of cases for so long as we determine is necessary, at which time we may delete and/or aggregate and store it in aggregate form indefinitely.

If you wish to have your case removed from our site you may contact us at checkbodi@gmail.com. You may have to provide proof and time of payment so we can ensure you are the rightful owner of the case in question.

7. Updates to this policy

By using the service, you are accepting this policy. We may update this privacy policy to reflect changes to our information practices. Please check the date of this policy each time you visit to ensure that you are aware of the most current version. If you do not agree to the terms of this policy, please do not use this site.

If we make any material changes to how your PII is used or shared, we will notify our users by posting an announcement on our company blog by way of a notice on the service prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

8. Our commitment to children's privacy

CheckBodi is particularly concerned with safeguarding the privacy of children. The service is not directed to children under 13, and children under 13 are prohibited from using the site and service. We do not knowingly collect PII from children under 13. If a parent or guardian becomes aware that his or her child has provided us with PII without the parent’s or guardian’s consent, he or she should contact us. If we become aware that a child under 13 has provided us with PII, we will delete such information from our systems. If you are under 13 years of age, then you may not use or access the service at any time or in any manner. A parent or guardian may submit a case of a child under 13 and may communicate with us in order to provide and obtain information concerning the child’s case.