Terms, Conditions and Acceptable Use Policy

Last Updated 13 September 2020.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR THINKING ABOUT HARMING YOURSELF OR OTHERS, OR OTHERWISE IN DANGER, DIAL THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY AND SEEK IMMEDIATE HELP FROM THE POLICE OR EMERGENCY MEDICAL SERVICES. THE PLATFORM IS NOT A SUBSTITUTE FOR OTHER MEDICAL TREATMENT YOU MAY NEED.

Terms and Conditions

Nibou (referred to as “Nibou,” “we,” or “us”) connects registered users (“you”) to wellness experts (“Experts”) who provide wellness services (“Service(s)”) through our online platform, multiple websites, or applications, whether owned and/or operated by us or by third parties, including, without limitation, the website nibouapp.com, and its related applications (collectively referred to as the “Platform”).

By accessing, browsing, or using the Platform, you agree to these Terms and Conditions, our privacy policy (“Privacy Policy”), acceptable use policy (“AUP”), and cookie policy (“Cookie Policy”) all incorporated by reference, including any subsequent changes to the foregoing (collectively referred to as the “Agreement”). We encourage you to read the Agreement carefully before using the Platform. If you do not agree to be bound by any term of this Agreement or any subsequent modification, do not access, browse or otherwise use the Platform.

Experts and Services

We have created a digital wellness Platform with a network of internationally trained and accredited Experts. The Platform may be used only to connect you with an Expert who will provide you with the Service. Experts are independent providers and solely responsible for the Services. Experts are not our employees, agents or representatives.

We require every Expert to provide proof of being an accredited, trained, and experienced licensed psychologist, marriage and family therapist, clinical social worker, professional expert, or similar applicable recognized professional certification based on their state, jurisdiction, and/or country. Experts must also provide proof of a relevant academic degree, at least 2 years of experience, at least 1,000 hours of hands-on experience, and qualification and certification by their respective professional board. You agree, confirm, and acknowledge that we do not guarantee verification of the skills, degrees, qualifications, credentials, competence or background of any Expert and we do not determine whether any Expert is qualified to provide any specific Service.

We make no representation or warranty as to whether you will find the Services useful, appropriate, correct, satisfactory or suitable to your needs. We do not control the quality of the Services. You agree, confirm and acknowledge that you are solely responsible for your relationship with the Expert, and that you will never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare therapist, or by traditional face-to-face appointment, because of information or advice you received through the Platform.

THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.

Your Account

In exchange for your access or use of the Platform and services, you must register a user account (“Account”) by providing and maintaining updated, accurate, current, and complete information about yourself. You agree that you are at least 18 years of age and legally able to consent to and receive the Services. You agree that you will not create more than one Account, or create an Account for anyone other than yourself. If you provide, or we have reasonable grounds to suspect that, any Account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend your Account and/or refuse any future request(s) by you to use the Platform.

You agree, confirm, and acknowledge that you shall at all times remain responsible for maintaining the confidentiality of your Account password and username and any other security information related to your Account. You should notify us immediately of any unauthorised use or access of your Account or any other concern for breach of your account security. We are not liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your consent or knowledge.

When using the Platform and/or the Services, you agree to comply with all relevant laws and regulations, all terms of this Agreement, and any other reasonable instructions or conditions we might notify you about from time to time. If you fail to comply with any of your responsibilities under this Agreement then we won’t be held responsible for any delay or failure to provide the Platform and/or Services.

You acknowledge and agree that you will be liable and responsible for any damage, loss, claim, cause of action, demand, liability, cost or expense (including, but not limited to, litigation and reasonable attorneys' fees and expenses) incurred as a result of any : (i) access to or use of the Platform; (b) actions made with your Account; (c) violation of any of the provisions of this Agreement; (d) non-payment for any of the Services; (e) violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right, and you agree to indemnify, defend, and hold us harmless for any such damage or loss.

Payment

You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule and the terms and rates published by us on the Platform from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the credit card you provided during the initial setup of your Account. You agree to maintain updated, accurate, and valid credit card information and you confirm that you are fully and duly authorised to use such credit card information for your Account. By providing us with credit card information you authorise us to bill and charge your credit card.

If you have any inquiries about a payment, please contact us immediately by sending an email to hello@nibouapp.com and your inquiry on a case by case basis and, at our discretion, take steps to resolve any issue.

VAT

Where we make a taxable supply or deemed supply of goods or services to you, the associated fees and charges shall be exclusive of all Value Added Tax (“VAT”) properly chargeable and you shall pay the VAT in addition to the fees and charges on the earlier of: (a) when the payment is made; or (b) when the supply is made.

Cookies, Web Beacons, and Similar Technology

We may use cookies, web beacons, and similar technology to identify users, monitor effectiveness of advertising, and/or to improve and customise user experiences on the Platform. To learn more about our Cookie Policy and your options click here.

Acceptable Use

You agree that you will not use or access the Platform, Services, and/or your Account for any prohibited actions. To learn more about the prohibited actions click here. If you engage in any of the uses prohibited by the AUP, we may suspend or terminate your Account.

Privacy

Your privacy is important to us. To understand how we collect, use, and disclose your personal information and your options click here. By using the Platform and Services, you agree that we can use your data in accordance with our Privacy Policy.

Intellectual Property

DO NOT USE OUR PLATFORM AND/OR SERVICES FOR EMERGENCIES. ALL CRISIS CHATS WILL BE TERMINATED IMMEDIATELY.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. IN THE EVENT OF ANY PROBLEM WITH THE PLATFORM, SERVICE, OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE PLATFORM.

YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY EXPERT AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTH PERIOD PRIOR TO THE DATE OF THE CLAIM.

If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

This section shall survive the termination or expiration of this Agreement.

Links and Third-Party Content

The Platform might include links to other websites or material which is beyond our control. We aren’t responsible for such websites or material nor do we review or endorse these. We aren’t liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.

Termination

We are constantly changing and improving our Services and we may suspend or terminate your access to the Platform, the Services, and/or your Account at any time, for any reason or for no reason at all. We may add or remove functionalities or features, and we may suspend, stop, disrupt, modify, or discontinue the Platform and/or Service, and any part of them, altogether and at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

Notices

We may provide notices or other communications to you regarding this Agreement or any aspect of the Platform and/or Services, by email to the email address that we have on record or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to info@nibouapp.com.

Queries and Complaints

If you have a complaint or query please contact us through the Platform or by sending an email to hello@nibouapp.com.

General

This Agreement is governed solely by the laws of the State of Delaware, without regard to any conflict of laws rules or principles. You irrevocably agree to submit to the exclusive venue and jurisdiction of New York courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect

This Agreement constitutes the entire agreement between you and us and you confirm that you have not relied upon any promises or representations by us except as set forth in this Agreement.

We may freely transfer or assign this Agreement or any of its obligations hereunder. We may revise this Agreement from time to time without notice to you. By continuing to access or use our Platform and/or the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the changes, you must terminate access to the Platform and participation in the Services.

Acceptable Use Policy

This Acceptable Use Policy (“AUP”) is an integral part of the Agreement and the Platform. If you engage in any of the uses prohibited by this AUP, we will suspend or terminate your Account.

This Acceptable Use Policy (“AUP”) is an integral part of the Agreement and the Platform. If you engage in any of the uses prohibited by this AUP, we will suspend or terminate your Account.

This AUP is designed to help protect us, the experts, our end-users, and the internet community in general from irresponsible use and illegal activities. The AUP is a non- exclusive list of prohibited actions. We reserve the right to modify the AUP at any time, and it’s your responsibility to stay up to date.

Prohibited Uses

You agree not to access or use the Platform, your Account, and/or the Services in any unlawful way or for any unlawful or illegitimate purpose or in any manner that contravenes the AUP or the Agreement.

You confirm, acknowledge, and agree that you shall not:

  • Use the Platform, your Account, and/or the Services to:
    a. transmit, distribute or store any material (using email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including but not limited to the unauthorised copying of copyrighted material, the digitisation and distribution of music, video or photographs from magazines, books, or other copyrighted sources and the unauthorised transmittal of copyrighted software or any material deemed illegal pursuant to relevant laws;
    b. harm, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, race, ethnicity, age, or disability;
    c. make fraudulent offers to sell or buy products, items or services or to advance any financial scams like pyramid schemes, ponzi schemes and chain letters;
    d. access or to attempt to access the accounts of others, or to penetrate or attempt to penetrate security measures of our or another entity's computer software, hardware, or electronic communications systems, whether or not the intrusion results in the corruption or loss of data;
    e. collect or attempt to collect personal information about third parties without their knowledge or consent;
    f. harm minors in any way;
    g. transmit, distribute or store any material that contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals); or
    h. transmit, distribute or store any material which contains software viruses or any other computer code, files or programs designed or intended to disrupt, damage or limit the functioning of any software, hardware or equipment, or to damage or obtain unauthorised access to any data or other information of any third party or impersonating any person or entity;

  • Make or attempt to make unauthorised attempts to gain access to any account not belonging to you (e.g., “hacking”, "cracking");

  • Damage, disable, impair, disrupt, interfere with, or gain unauthorised access to the Platform and any related computer systems, networks, services, servers, or infrastructure, by any method, including any viruses, Trojan horses, worms, time bombs, denial of service attacks, robots, flooding, or spamming;

  • Post, use, store, or transmit through the Platform any message or information under a false name; or

  • Obtain or attempt to obtain Services by any means or device with intent to avoid payment.

Your Responsibilities

We encourage you to protect yourself and others by following these safe practices:

  • Don’t share your account information.
  • Don’t leave your username and password available for others to see.
  • If you feel that your Account has been compromised, change your username and password immediately.
  • Don’t "save" usernames or passwords, enter them at each login.
  • You are responsible for protecting your own equipment. Anti-virus software and personal firewalls are not required, but we encourage you to use them.
  • You’ll be responsible for any misuse of our services from your Account.
  • You’re responsible for protecting your Accounts and need to take steps to ensure that others don’t gain unauthorised access to your Account or misuse our Platform, the Services, and/or your Account.

Administrative Discretion

Our administrators, staff, and executives have sole and final discretion over all aspects of our Platform, Service, this AUSP, and any legal interpretations of it. We reserve the right to terminate any Account without cause or prior notice.

Reporting Violations

If you know of any violations or attempted violations, please email us at info@nibouapp.com.