The Services integrate a technology platform that allowsUsers of NubianPRO mobile applications or Internet sites,provided as part of the Services (each an “Application”), request andschedule health care services and / or purchase certain goodspharmacists with independent third party providers of these services,including independent third party healthcare providershealth, independent third-party providers of healthcare productsand independent third parties that supply goods such as pharmaceuticals,through a contract with NubianPRO or certain affiliates of theNubianPRO (“Independent Partners”). Unless otherwise agreedby NubianPRO in a separate written agreement with you, theServices are made available for your personal, non-commercial use. YOURECOGNIZES THAT NUBIANPRO IS NOT A PROVIDER OF GOODS,PROVIDES HEALTH SERVICES, NOR WORKS AS AN ENTITY OFHEALTH, AND THAT ALL THESE HEALTH OR PHARMACY SERVICESARE PROVIDED BY INDEPENDENT PARTNERS, WHO ARE NOTEMPLOYEES AND REPRESENTATIVES OF NUBIANPRO, NOR OFANY OF YOUR AFFILIATES.License.Subject to compliance with these Terms, NubianPRO grants you alimited, non-exclusive, non-sublicense, revocable, non-licensetransferable to: (i) access and use of the Applications on your personal device,solely for your use of the Services; and (ii) access and use of anycontent, information and related material that can be made available throughServices, in each case, for your personal, never commercial use. AnyRights not expressly granted by these Terms are reserved toNubianPRO and its affiliated licensors.Restrictions.You may not: (i) remove any copyright, trademark noticeor other proprietary notice of any part of the Services; (ii)reproduce, modify, prepare derivative works, distribute, license, lease,sell, resell, transfer, exhibit, convey, transmit or otherwiseexploit the Services, except as expressly permitted byNubianPRO; (iii) decompile, reverse engineer or disassemble theServices, except as permitted by applicable law; (iv) connect,mirror or cut any part of the Services; (v) make or launch anyprograms or scripts for the purpose of scraping, indexing, searching orany other way of obtaining data from any part of the Services, orto overload or unduly impair the operation and / or functionalityany aspect of the Services; or (vi) attempt to gain unauthorized access toServices or impair any aspect of the Services or its systems or networkscorrelated.Provision of Services.
Promotional Codes.NubianPRO may, at its sole discretion, create promotional codes thatmay be redeemed for credit to the Account or other features orbenefits related to Services and / or Partner servicesIndependent, subject to any additional conditions that NubianPROestablish for each of the promotional codes (“Promotional Codes”).You agree that Promotional Codes: (i) must be used lawfullyfor the purpose and the target audience; (ii) must not be duplicated,in any way sold, transferred or made available to the general public(either by posting to the public or by any other method), unlessexpressly permitted by NubianPRO; (iii) may be disabled byNubianPRO at any time for legally legitimate reasons, withoutthis results in no liability for NubianPRO; (iv) onlymay be used according to the specific conditions that NubianPROestablish for these Promotional Code; (v) are not valid as cash;and (vi) may expire before being used. NubianPRO reserves the rightretain or deduct credits or other features or benefits obtained bythrough the use of the Promotional Codes by you or another user, if theNubianPRO ascertains or believes that the use or redemption of the Promotional Code wasmade with error, fraud, illegality or violation of the conditions of the respective CodePromotional.Content Provided by the User.NubianPRO may, in its sole discretion, allow you or anyperson submits, uploads, publishes or in any way makes available toNubianPRO through the Services, content and information in text, audio orvideo, including comments and feedbacks related to the Services, initiationrequest for support and registration in contests and promotions (“Content ofUser “). Any User Content provided by you remainsof your property. However, when providing User Content (a) to theNubianPRO, you grant NubianPRO and its affiliates a license fromcopyright on User Content worldwide, perpetually,irrevocable, transferable, royalty-free, and with the right to sublicense, use,copy, modify, create derivative works, distribute, publish, display, execute onpublic and in any other way exploit that User Content (a) inall formats and distribution channels known today or developed in thefuture (including in connection with the Services and the business of NubianPROand on third party websites and Services), without further notice to you or yourconsent, and without the need for payment to you or any otherperson or entity.You represent and warrant that: (i) you are the sole and exclusive owner ofall User Content (a) or has all rights, licenses, authorizations andnecessary permissions to grant NubianPRO a license over the ContentUser (a) above; and (ii) neither User Content (a) nor yourpresentation, upload, publication or other form of availabilitysuch User Content (a), nor the use of User Content (a) byNubianPRO as permitted herein, will infringe, constitute appropriation
not infringe on intellectual property or intellectual property rights ofthird parties (a), or publicity or privacy rights and will also not result inin violation of any applicable law or regulation.You agree not to provide User Content (a) that is defamatory,libelous, hurtful, violent, obscene, pornographic, illegal or in any wayoffensive, as determined by NubianPRO at its sole discretion, whether or notthis material protected by law. NubianPRO may, but is not required to,analyze, monitor or remove User Content (a), at the sole discretion ofNubianPRO, at any time and for any reason, without any notice toyou.Network and Equipment Access.You are responsible for obtaining the data network access necessary to use theServices. The fees and charges for your data and messaging network may varyapply if you access or use the Services from a wireless device and youwill be responsible for those fees and charges. You are responsible for purchasing andupdate the equipment and devices needed to access and use theServices and Applications and any of their updates. NUBIANPRO DOES NOTWARRANT THAT THE SERVICES, OR ANY PART OF THEM,WILL WORK ON ANY EQUIPMENT OR DEVICE INPRIVATE. In addition, the Services may be subject to badoperation and delays inherent in the use of the Internet and communicationselectronic.4. PaymentYou understand that the services or goods you receive from a PartnerIndependent, contracted through the Services, may be charged(“Price”). After you have received services or goods obtained through the use ofService, NubianPRO will facilitate your payment of the respective Price to theIndependent Partner, acting as a limited collection agent for theIndependent Partner. Payment of the Price made in this way will beconsidered payment made directly by you to the Independent Partner. OThe price will include all taxes required by law.The price paid by you is final and non-refundable, unless otherwisedetermined by NubianPRO. You have the right to request a reduction inPrice to the Independent Partner for services or goods received from that PartnerIndependent at the time you receive these services or goods. THENubianPRO will respond according to any Partner requestIndependent to modify the price of a service or property in particular. Atmaximum extent permitted by applicable law, NubianPRO reserves the right tolimit Prices charged in kind. Once the amount to be paid inyou must provide an alternative payment method. Inassumptions where payment in kind is an accepted method of payment,you can choose to receive any amounts due from the PartnerIndependent change in the form of NubianPRO Tokens credits, whichmay be used to pay for new Service requests.
The total price is due and must be paid immediately after the installment is paid.service or delivery of the asset by the Independent Partner and payment will befacilitated by NubianPRO using the payment method indicated in yourAccount, after which NubianPRO will send you a receipt by email. If it is verifiedthat the payment method specified in the Account has expired, is invalid or cannotcharged, you agree that NubianPRO may, as an agentlimited collection of the Independent Partner, use a secondary method ofcharge to the Account, if any.In the relationship between you and NubianPRO, NubianPRO reserves the right toestablish, remove and / or revise the Price for all services or goodsobtained through the use of the Services at any time, at the sole discretionfrom NubianPRO. Furthermore, you acknowledge and agree that the Price applicable incertain geographic areas may (i) include charges, fees, fees, taxesand / or government contributions payable on your behalf, includingairport tolls or charges, depending on the route taken by the PartnerRegardless, the place of origin and / or destination of the trip or, and legislationapplicable and, (ii) substantially increase when the service offer by theof Independent Partners is less than the demand for referralsservices. Payment of government fees, taxes and / or contributions,will be your responsibility and you will reimburse the Independent Partnerand / or NubianPRO for all fees, fees, taxes and / or contributionsgovernment agencies paid on your behalf. For more details on increasingPrice due to a substantial increase in demand, click here. THENubianPRO will use reasonable efforts to inform you of the Pricesmay apply, being certain that you will be responsible for the payment ofPrices posted to your Account regardless of whether you are aware of thesePrices or their values. NubianPRO may, at any time, provideto certain users (the) promotional offers and discounts that may resultin different amounts charged for Services that are the same or similar to others obtainedthrough the use of the Services, and you agree that these offers and discountspromotional offers, unless also offered to you, will have no influenceon the Prices applied. You can choose to cancel your request forservices or goods of an Independent Partner at any time prior to thearrival of that Independent Partner, in which case a fee ofcancellation.This payment structure is intended to fully remunerate PartnersIndependent for the services or goods made available to you. NubianPROdoes not indicate any portion of the payment as an extra amount or bonus toIndependent Partners. Any statement by NubianPRO (on theNubianPRO, the App, or the NubianPRO marketing materials) thatthe payment of extra values are “voluntary”, “not mandatory” and / or “notincluded ”in the payment you make for services or goods provided do notintends to suggest that NubianPRO offers additional values to those describedabove to Independent Partners. You understand and agree that althoughyou are free to make additional payments as an extra amount to anyIndependent Partners that provides services or goods through the Services,you are under no obligation to do so. Extra values are voluntary.After you have received the services or goods obtained through the Services, you will have
the opportunity to evaluate your experience and make additional comments aboutthe Independent Partner.5. Disclaimer of Warranty; Limitation ofResponsibility; Indemnity.Disclaimer of Warranty.THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THENUBIANPRO DISCLAIMS ALL STATEMENTS AND WARRANTIES,EXPRESS, IMPLIED OR LEGAL, NOT EXPRESSLY CONTAINEDIN THESE TERMS, INCLUDING IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NOTINFRINGENCE. ADDITIONAL, NUBIANPRO DOES NOT DO ANYSTATEMENT OR WARRANTY ON RELIABILITY,PUNCTUALITY, QUALITY, FITNESS OR AVAILABILITY OFSERVICES OR ANY SERVICES OR GOODS REQUESTED BYMEANS OF USE OF THE SERVICES, NOR WHICH THE SERVICES WILL BEUNINTERRUPTED OR ERROR FREE. NUBIANPRO DOES NOT WARRANTQUALITY, FITNESS, SAFETY OR ABILITY OF PARTNERSINDEPENDENT. YOU AGREE THAT ALL RISK ARISING OUTUSE OF THE SERVICES AND ANY SERVICES OR WELL REQUESTTHROUGH TECHNOLOGY IT WILL ALWAYS BE YOURS TO THE MAXIMUMPERMITTED BY APPLICABLE LAW.Limitation of Liability.NUBIANPRO WILL NOT BE RESPONSIBLE FOR INDIRECT DAMAGES,INCIDENTAL, SPECIAL, PUNITIVE OR EMERGING, INCLUDINGLOST PROFITS, DATA LOSS, MORAL ORRELATED ASSETS, ASSOCIATED OR ARISING FROMANY USE OF THE SERVICES STILL NUBIANPRO HAS BEENALERTED TO THE POSSIBILITY OF THESE DAMAGES. NUBIANPRO DOES NOTSHALL BE LIABLE FOR ANY DAMAGE, LIABILITY OR LOSSARISING FROM: (i) YOUR USE OF THE SERVICES OR YOUR DISABILITYTO ACCESS OR USE THE SERVICES; OR (ii) ANY OPERATION ORRELATIONSHIP BETWEEN YOU AND ANY PARTNERINDEPENDENT, EVEN IF NUBIANPRO HAS BEEN ALERTEDFOR THE POSSIBILITY OF THESE DAMAGES. NUBIANPRO WILL NOT BERESPONSIBLE FOR DELAYS OR FAULTS ARISING FROM CAUSESOUT OF REASONABLE CONTROL BY NUBIANPRO AND, ALSO, BYQUALITY AND INTEGRITY OF THE GOODS AVAILABLE BYINDEPENDENT PARTNERS. NUBIANPRO SERVICES MAYBE USED BY YOU TO REQUEST AND SCHEDULE SERVICESHEALTH CARE, PHARMACEUTICAL GOODS PROVIDED BYINDEPENDENT PARTNERS, BUT YOU AGREE THAT THENUBIANPRO HAS NO RESPONSIBILITY TO YOU, FORACCOUNT FROM ANY HEALTH SERVICE, PHARMACEUTICAL GOODSPERFORMED BY INDEPENDENT PARTNERS, EXCEPT IF
EXPRESSLY ESTABLISHED IN THESE TERMS. LIKECONSEQUENCE,THENUBIANPRONOTHASANYRESPONSIBILITY FOR ROUTES ADOPTED BY PARTNERSINDEPENDENT OR FOR ANY NEGLIGENCE OF PARTNERSINDEPENDENT.THE LIMITATIONS AND DISCLAIMER OF WARRANTIES CONTAINED IN THIS CLAUSE5 DO NOT HAVE THE PURPOSE TO LIMIT LIABILITIES ORCHANGE CONSUMER RIGHTS THAT, ACCORDING TO LAWAPPLICABLE, CANNOT BE LIMITED OR CHANGED.Personal Accident Insurance.YOU ACKNOWLEDGE THAT NUBIANPRO KEEPS YOU SAFE FROMPERSONAL ACCIDENTS (APP), WITH COVERAGE, IN TERMS AND LIMITSPOLICY, FOR REIMBURSEMENT OF MEDICAL-HOSPITAL EXPENSES,TOTAL OR PARTIAL PERMANENT DISABILITY BY ACCIDENT AND DEATHACCIDENTAL, SINCE IN REGULAR SERVICE BY THE PLATFORM, ANDTHAT EVENTUAL PAYMENT OF INDEMNITY BY THE INSURER TOYOU WILL BE DONE WITHOUT ANY ASSUMPTION OF LIABILITYBY NUBIANPRO AND WILL BE DEDUCTED FROM ANY EVENTUAL FUTUREOTHER INDEMNITY CLAIMED ARISING FROM THAT SAMEINCIDENT.Information about Personal Accident Insurance can beaccessed here.Indemnity.You agree to indemnify and retain NubianPRO, its directors,directors, employees and agents exempt from liabilityfor any and all claims, charges, losses, liabilities andexpenses (including attorneys’ fees) arising from or related to: (i) theuse of the Services, services or goods obtained through the use of the Services; (ii)breach or violation of any provision of these Terms; (iii) the use,by NubianPRO, User Content (a); or (iv) violation of the rights ofthird parties, including Independent Partners.6. DISPUTE SETTLEMENTNubianPRO offers a service structure, composed ofcontact tools and a specialized support team for treatmentcomplaints with the objective of avoiding the judicialization of controversies that,may eventually arise from your use of the Services.Therefore, you are committed to using the support toolsmade available by NubianPRO as the first means for the solution ofdisputes arising out of your use of the Services.
You will also be able to seek dispute resolution through the serviceADECO (consumer protection)https://adeco.cv/7. Applicable legislation; Jurisdiction.These Terms will be governed and interpreted exclusively in accordance with theCape Verde laws. Any claim, conflict or controversy that arisesof this contract or related to it, including its validity,interpretation or enforceability, will be resolved exclusively by the courtsof the jurisdiction of your domicile.8. Other ProvisionsAllegations of Copyright Infringement.Claims of copyright infringement should be referred to therepresentative appointed by NubianPRO. Refer to theNubianPRO at https://www.NubianPRO.cv to obtain the indicated address andother information.Warnings.NubianPRO may send notices through general notifications on the Services,email to your email address in your Account, or bywritten communication sent to the address indicated in your Account. You will be able tonotify NubianPRO through the Application, communication by addresselectronic help.NubianPRO.cv or make written communication to the address ofNubianPRO CP 641 Mindelo, S. Vicente.General Provisions.You may not assign or transfer these Terms, in whole or in part,partially without prior written approval from NubianPRO. Do you agreethat NubianPRO assigns and transfers these Terms, in whole or in part, including:(i) to a subsidiary or affiliate; (ii) an acquirer of the participationsNubianPRO shares, businesses or assets; or (iii) for a successor dueany corporate transaction. There is no joint venture, partnership, employmentor representation relationship between you, NubianPRO or any PartnersIndependent as a result of the contract between you and NubianPRO or atuse of the Services.
If any provision of these Terms is found to be illegal, invalid ortotally or partially unenforceable by any legislation, that provision orpart of it will, to that extent, be considered as non-existent for the purposesthese Terms, but the legality, validity and enforceability of the otherprovisions contained in these Terms will not be affected. In that case, the partiesreplace the illegal, invalid or unenforceable provision, or part of it, with anotherthat is legal, valid and enforceable and that, to the maximum extent possible,similar to the provision considered illegal, invalid or unenforceable for purposes ofcontent and purpose of these Terms. These Terms constitute thethe entire agreement and understanding of the parties on this matter and replaceand prevail over all previous understandings and commitments onthis subject. In these Terms, the words “including” and “includes” mean“Including, without limitation”.