Carefully study these Terms of Use (“Terms”), which set forth the legally binding terms and conditions between you and Cardio Africa Limited (‘the Company’ or ‘Cardio’ or ‘we’ ‘our’ or ‘us’). It controls your engagement with Cardio’s website, mobile application, and the scope of services provided by Cardio. Our collection and use of your personal information in connection with your use of our services is described in our Privacy Policy.
Your access to use our services is predicated on your acceptance and compliance with these Terms. These Terms shall apply to all users, guests, technicians, and any other person who subscribes to our services. By implication, if you disagree with any part of the outlined terms, then you may not be granted access to our services.
Additionally, our website is not directed at you if we are prohibited by any law of any jurisdiction from making the information on our website available to you and is not intended for any use that would be contrary to your local law or regulation.
We de1ne the following terms accordingly,
A unique identity created for a speci1c User containing details of the User’s bio and activity trails on the Platform.
All germane regulations, laws, codes, guidelines, policies, rules, and injunction of competent regulatory authorities in the Federal Republic of Nigeria.
The mobile application developed by Cardio.
De1ned as the collective term for Cardio’s website, mobile application, and other related applications provided by Cardio.
De1nes the products and services provided to you by Cardio and as described in clause 3 of these Terms.
An automobile technician/mechanic engaged by Cardio to provide vehicle repair, inspection, and maintenance services to Cardio’s customers.
Individuals, customers, and visitors who access and are subscribed to the services of Cardio.
The Service is oIered subject to acceptance of all the terms of use contained in these Terms and all other operating rules, policies, and procedures that may be published on the Platform, which are incorporated by reference, including operational guidelines, policies, and procedures of third-party service providers to the Platform that are referenced herein. These Terms apply to every user of the Service. In addition, some Services oIered through the Platform may be subject to additional terms and conditions adopted by the Platform. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference. Cardio reserves the right, at its sole discretion, to modify, update, or replace these Terms from time to time by sharing the updated terms on the Platform. It is your responsibility to periodically check the Terms for updates.. If in future, you object to any of such changes, your sole recourse will be to cut oI all forms of engagements with the Platform and Service. Your continued usage of the Service following the update of any change to the Terms communicates your acceptance of the same. Cardio reserves the right to pivot, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, service, database, or content) at any time for any reason. Cardio may also impose limits on certain features and Services or restrict your access to parts of or the entire Platform without prior notice or liability.
Cardio is a subscription-based autotech company leveraging a robust system of competent automobile mechanics and technicians to provide vehicle maintenance, inspection, repair, and insurance services.
Our Services can be accessed through our web page and mobile application.
To access the Service, a User is required to sign up on the Platform and create a Cardio Account by providing a User’s name, email, and password.
A User is granted access to use the Platform and has the responsibility of ensuring that no third party shall gain access to the User’s Account information.
Cardio may make the access to the Platform and Services, or certain areas or features of the Platform, subject to certain prerequisites, such as, subscription categories.
You must be at least 18 years old and able to enter into legally binding contracts to access and use our Services. By engaging with the Cardio Platform, you con1rm you are 18+ and have the legal capacity to enter into a contract.
Cardio does not assume any responsibility for the authenticity of any User’s ownership and/or identity vehicle enlisted on the Platform. However, for transparency and as permissible by applicable Laws, we may ask Users to provide a form of Government Identi1cation Document/Slip/Passport or other information or undertake additional checks designed to help verify the identities or backgrounds of the Users and the
ownership of their vehicles.
You agree to strictly observe the security and authentication procedures of the Platform and you will log out from the Platform at the end of every visit.
When you create an account with us, you must provide us with information that is veri1able, complete, and updated at all times. Failure to do so constitutes a breach of these Terms, which may result in the immediate deletion of your account on our Platform and the Service.
Representations and Warranties are statements made by you to Cardio, which we rely on as being accurate in our dealings with you. You make the following representations and statements to us at the time of aligning with these Terms and every time you use the Services:
You are at least 18+ years;
You are of sound mind and have the capacity to enter into a legally binding contract;
All personal information that you provide about yourself is authentic, veri1able, and true to the best of your knowledge;
All information that you provide about your company is veri1able;
All information that you provide about your vehicle(s) is veri1able;
You shall not create more than one account or create an account for anyone other than yourself (with the exception of accounts created for corporate organisations); and
You are not breaching any Applicable Laws or regulations that apply to you or any company, trust or partnership.
Our routine maintenance service is provided via a subscription-based arrangement for which you shall be required to pay the stipulated subscription fee based on your subscription category.
Payment for repair services on vehicle(s) owned by individuals shall be made within 14 (fourteen) days of receiving an invoice from Cardio and the services shall only be provided after the payment has been received.
Payment for repair services on vehicle(s) owned by corporate organisations shall be made within 14 - 30 (fourteen - thirty) days of Cardio providing the repair services.
Cardio provides free vehicle inspection services for subscribers of its routine maintenance service and for its repair services.
Cardio reserves the right to adjust its pricing where necessary.
Payments to Cardio shall be made via a bank transfer or any of the designated payment gateways provided on the Platform.
You accept that you shall provide complete and accurate payment information.
By providing your credit, debit card, or other payment information accepted by our payment service provider, you are expressly agreeing that we are authorised to charge the relevant fees for your use of the Service, together with any applicable taxes/charges.
For its subscription-based services, Cardio will automatically renew your subscription on each monthly, quarterly, or annual (depending on your choice of subscription renewal frequency) anniversary date depending on when you were 1rst charged your 1rst subscription fee by Cardio via your credit or debit card as authorised by you during your signup phase. However, to be exempted from renewal(s), Users must cancel prior to their
next anniversary date.
Each subscription’s automatic renewal is for the same period of time as your original subscription. You may cancel your subscription at any time by emailing Cardio at x@mycardio.io. Any subscription fees charged prior to the eIective date of cancellation will not be refunded, in whole or part. You will not be eligible for a pro-rated refund of any portion of the subscription fees paid for any unused days of the then-current subscription term. If you cancel your subscription, you will enjoy your subscription bene1ts until the expiration of the then-current subscription term for which you have paid, and your subscription bene1ts will expire at the end of the then-current subscription term.
If you disagree with any payment transaction, you are to submit such a complaint to x@mycardio.io within 30 (thirty) days of the payment transaction (“Dispute Period”).
G. Technicians
You acknowledge that Cardio may use Technicians within its employment to provide its Services to you and you hereby authorise Cardio to refer its Technicians to you for the provision of its Services to you.
Intellectual Property
You acknowledge that Cardio reserves the right to protect and stimulate the development and distribution of new products and the introduction of new services based on the creation and exploitations of inventions, trademarks, designs, creative content or other intangible assets.
You agree to subscribe the following:
The Service and all rights in our product name, trade names, logos, service marks, slogans, product packaging, its original content, features and functionality are and will remain the exclusive property of Cardio. Our trademarks may not be used in connection with any product or service without our prior written consent.
Cardio may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Platform (“User Content”); and (ii) access and view User Content and any content that Cardio itself makes available on or through the Platform, including proprietary content and any content licensed or authorized for use by or
through Cardio from a third party (“Cardio’s Content” and together with User Content, “Collective Content”).
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly
display, publicly perform, transmit, broadcast, or otherwise exploit the Platform or Collective Content, except to the extent that you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Cardio or its licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms, Cardio grants you a limited, non-exclusive, non-sub
licensable, revocable, non-transferable license to access and view any Collective Content made available on or through the Platform and accessible to you, solely for your personal and non-commercial use.
Users shall not directly or indirectly:
decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws speci1cally prohibit such restriction;
modify, translate, or otherwise create derivative works of any part of the Service; or
copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
Cardio may make available Mobile Applications to access the Services via a mobile device. To use the Mobile Application, you must have a mobile device that is compatible with the mobile service.
Cardio does not warrant that the Mobile Application will be compatible with your mobile device. Cardio hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the
Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use.
You may not:
Modify, disassemble, decompile or reverse engineer the Mobile Application;
Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party;
Make any copies of the Mobile Application;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or
Delete the copyright and other proprietary rights notices on the Mobile Application.
You acknowledge that Cardio may occasionally issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades.
Standard data charges from your mobile network or internet service provider may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that Cardio provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and Cardio only, and not with Apple, Inc. (“Apple”).
Your use of Cardio’s iOS App must comply with Apple’s current App Store Terms of Service.
Cardio, and not Apple, is solely responsible for our iOS App and the Services and related content available on our iOS App. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
You agree that Cardio, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to:
Product liability claims; and
Claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as providers of the iOS App.
You agree that Cardio, and not Apple, shall be responsible, to the extent required by these Terms, for the
investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that:
You are not located in a country that is subject to the U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
You are not a part of any U.S. Government list of prohibited or restricted parties.
The following additional terms and conditions apply with respect to any Mobile Application that Cardio makes available to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and Cardio only, and not with Google, Inc. (“Google”).
Your use of Cardio’s Android App must comply with Google’s current Android Market Terms of Service.
Google is only a provider of the Android Market where you obtained the Android App. Cardio, and not Google, are solely responsible for Cardio’s Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to Cardio’s Android App or these Terms.
You acknowledge and agree that Google is a third-party bene1ciary to the Terms as they relate to Cardio’s Android App.
You shall not use the Platform for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service. Violation of our rules may result in the deletion of your Account. You acknowledge and agree that we may terminate any Cardio Account at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).
Users shall not utilize the Platform or the Services for any illegal purpose.
You are solely responsible for your compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of Cardio’s Services. In connection with your use of the Platform, you will not aid or help others to:
Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party
rights, or our Terms;
Use the Platform or any content therein for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your a liation with Cardio;
Copy, store, access, or otherwise use any information, including personally identi1able information
about any other User, contained on the Platform in any way that is inconsistent with Cardio’s Privacy Policy, Terms, and/or that otherwise violates the privacy rights of Users or third parties;
Use the Platform in for the dissemination of unsolicited commercial messages (“spam”);
OIer the Platform as as an exchange;
Use the Platform with the intention to circumvent any subscription fees, hidden charges, or any other reason;
Request, accept, or make any payment for orders outside of the Platform. If you do so, you
acknowledge and agree that you:
(i) Would be in breach of these Terms;
(ii) Accept all risks and responsibility for such payment, and
(iii) Hold Cardio harmless from any liability for such payment;
">Use, display, mirror or frame the Platform or Collective Content, or any individual element within the Platform, Cardio’s name, trademark, logo or other proprietary information belonging to Cardio, or the layout and design of any page or form contained in a page on the Platform without Cardio’s express written consent;
Waterdown, dent, tarnish, or otherwise harm Cardio’s brand in any way, including through
unauthorized use of Collective Content, registering and/or using derivative terms in domain names, trade names, trademarks or other source identi1ers, or registering and/or using domains names, trade names, trademarks or other source identi1ers that closely imitate or are confusingly similar to Cardio’s domains, trademarks, promotional campaigns, or Collective Content;
Use any AI tools/softwares or other automated means or processes to access, collect data, or other
content from the Platform for any purpose;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Cardio or any of Cardio’s providers or any other third party to protect the Platform;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide
the Platform;
>Violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You accept that Cardio has no obligation to monitor the access to or use of the Platform by any User or to review, disable access to, or edit any User Content, but has the right to:
Operate, secure, and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
Ensure Users’ compliance with these Terms;
Comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
Respond to User Content that it de1nes as harmful or objectionable; or
As otherwise set forth in these Terms. Users agree to cooperate with and assist Cardio in good faith, and to provide Cardio with such information and take such actions as may be reasonably requested by Cardio with respect to any investigation undertaken by Cardio or a representative of Cardio regarding the use or abuse of the Platform.
Cardio shall not be responsible for any loss of or damage to your vehicle(s) due to or arising from 1re, weather, theft, or any other cause except the sole negligence of Cardio or any of its Technicians. Any item left in your vehicle(s) during any scheduled maintenance, inspection or repair, are left at your own risk and Cardio shall not be responsible for any loss or damage to any personal property left in your vehicle(s) or for loss or damage to any cargo, materials, or supplies carried on or in such vehicle(s), whatever the cause.
The Platform may contain links to third-party websites or services that are not owned or controlled by Cardio.
Cardio has no control over, and assumes zero responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Cardio shall not be responsible or liable — directly or indirectly — for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or
services. We strongly advise that you carefully study the terms and conditions and privacy policies of any third-party websites or services you visit.
We may terminate or suspend our Service to you without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. This is regardless of any fees paid.
Upon termination, your right to use the Platform and our Service will come to an abrupt end. Alternatively, if you wish to terminate your customership, you may simply send an email to x@mycardio.io
You agree to absolve Cardio, its a liates, subsidiaries, o cers, directors, employees, partners, and agents, against all liabilities, costs, expenses, damages and losses — including any direct, indirect or consequential losses, loss of pro1t, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses— suIered or incurred as a result of:
Your fraudulent or illegal use of the Services or the Platform;
Your negligence or any default by you of any of these Terms;
Any inaccurate or incomplete information that you have knowingly provided to us;
You allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private and secure;
Any claim made against you for actual or alleged infringement of Cardio’s Intellectual Property or any actual or alleged infringement of a third party’s Intellectual Property arising out of or in connection with our Services or your use of the Platform.
In no event shall Cardio, its directors, employees, partners, agents, suppliers, or a liates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of pro1ts, data, use, goodwill, or other intangible losses, resulting from:
Your use of the Platform or the Services or your inability to use the Platform or the Services;
Any conduct or content of any third party on the Platform;
Any unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose;
Any legal proceedings between you and any third parties.
Your use of the Service is at your sole risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. The Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, 1tness for a particular purpose, non-infringement or course of performance.
Cardio, its subsidiaries, a liates, and its licensors do not warrant that:
The Platform will function uninterrupted, secure or available at any particular time or location;
Any errors or defects will be corrected;
The Platform is free of viruses or other harmful components; or
The results of using the Platform will meet your requirements.
For the free vehicle inspection services provided by Cardio, Cardio shall not be responsible for any damage that occurs to your vehicle(s) where, after receiving a digital health report on your vehicle(s), such report is taken to an external technician for subsequent repair.
Any technician assigned by Cardio for the repair, maintenance, or inspection of your vehicle is only authorised to perform the tasks that you and Cardio have agreed to.
Where you personally engage Cardio Technicians to provide you with services outside the knowledge of Cardio, not only is this act a breach of contract and punishable under the law, you agree to be liable for any damages that may be incurred.
Cardio shall never send a technician to you without notifying you via email or telephone - depending on your preferred mode of contact. You are to con1rm from Cardio that any Technician that has access to your vehicle for any scheduled maintenance or repair work is from Cardio.
These Terms shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conRict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in eIect. These Terms constitute the entire agreement between us regarding our Service, and supersedes and replaces any prior agreements we might have between us regarding the Service.
Any dispute arising under or in connection with the validity, interpretation and performance of this Terms between you and Cardio or between Cardio and any third party that cannot be resolved amicably by the parties through negotiation within 30 (thirty) days shall be resolved by Arbitration at the Lagos Court of Arbitration (LCA) before a single arbitrator in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria.
The Parties shall endeavour in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (14) days of the request, they shall apply to the LCA to appoint an arbitrator. Arbitration proceedings shall be conducted in Lagos. The arbitrator will be requested to render an award within ninety (90) days and to provide, in writing, the reasoning for the award. The decision of any such arbitrator shall be 1nal and binding on the parties.
Each party shall bear its cost in connection with the Arbitration and the arbitrator’s fees shall be split equally between both parties.
Cardio shall not be liable for failure to perform, or be held responsible for any delay in performing its obligations hereunder if such failure or delay shall be due to natural disasters, war, riot, civil commotion, weather, pandemics, epidemics, labour disputes, failure of sub-contractors, or any other cause beyond its reasonable control, whether or not of a similar nature to the foregoing.
We welcome and encourage Users to provide feedback, comments, and suggestions for improvements on Cardio’s Platform or Services. You may submit your feedback by emailing us at x@mycardio.io. Any feedback you submit to us will be considered non-con1dential and non-proprietary to you. By submitting your feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Cardio reserves the right, in its sole discretion, to revisit, revise, and/or update its Terms of Use. Cardio highly encourages Users to periodically visit the Terms to remain updated.
This Terms of Use is eIective, Monday, November G, 2023.
If you have any questions about these Terms, kindly contact us at x@mycardio.io