Privacy Policy – MyBelle

Who we are

MyBelle is an impact-driven not-for-profit social enterprise committed to reducing maternal and childhood mortality and morbidity. Our website address is: https://mybelle.org.

Terms and Conditions

These Terms of Use (“Terms”) govern the use of the mobile application MyBelle Pregnancy App (“Platform”), online and mobile services (e.g., apps), and software made available by MyBelle Digital Maternal & Child Health Organisation (“MyBelle”, “we”, “our” or “us”), including your use of interactive features, widgets, plug-ins, applications, content, downloads and/or other services that we own and control and that post a link to these Terms, regardless of how you access or use any of the Services on our Platform, whether via computer, mobile device or otherwise. By using any of our Services, you acknowledge and accept our Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy.

Please carefully read these Terms below before subscribing to the Services or Products offered on this Platform. Once you register as a User on our Platform by signing up to use our Platform, either through our mobile applications or by any other available channel, you agree to be bound by these Terms.

References in these Terms to “you” (or such similar descriptions) are references to you as an individual or legal entity as the case may be.

The Contract between MyBelle and You as a User
1. Once you read through, and accept these Terms, in furtherance of your acceptance, you automatically declare a trust in favour of MyBelle. And also agree that MyBelle is not acting in a fiduciary capacity with respect to any user of MyBelle’s services.
1. You acknowledge that you have provided MyBelle with accurate and complete registration information on your account sign-up. You further acknowledge that it is your responsibility to update MyBelle with any changes to your subscription information by updating the information via our Platform. Please note that in the interests of member safety, MyBelle reserves the right to require you to provide evidence to verify any aspect of your account and in particular, to include your status at any time as also noted above.
1. If you believe that there has been a breach of security such as the disclosure, theft or unauthorised use of your username and password (“ID”) then you must notify MyBelle immediately. If MyBelle reasonably believes that your ID is being used in any way which is not permitted under these Terms, MyBelle reserves the right to immediately suspend access rights on giving notice to you and to block access to the Service until the issue has been resolved to the satisfaction of MyBelle.
1. MyBelle is continually seeking to improve the Service and to ensure that all information on the mobile application (including its library of instructional videos, etc) (“Content”) is up to date and as accurate as reasonably possible. Accordingly, MyBelle reserves the right, and at its sole discretion, to make changes to any part of the Service (including editorial or other changes) or the Content at any time and without prior notice to you.
1. MyBelle recommends that you regularly check our Platform from time to time for any updates or changes to this Terms and/or the Service which shall become effective on posting and your continued use of our Platform will mean acceptance of those updates and/or changes.
1. These Terms shall apply in preference to and shall supersede any other terms and conditions of business and/or Service Order referred to or relied on by you.
Licence and Limited Rights to use Content
MyBelle grants you a non-exclusive, non-transferable, non-assignable, revocable licence to use the mobile application and the Content and the Services subject to the terms and conditions of these Terms.
The Content and all software, copyright, database rights, design, trade and service marks and logos or names, design rights, know-how and rights relating to loss of reputation and business and all other intellectual property rights (“Intellectual Property”) in each case whether registered or not, in the Content and on the Platform belong to MyBelle (or applicable licensors) and may not be used in any way whatsoever without the prior written consent of MyBelle.
MyBelle does not claim ownership of any material that you or third parties submit to the Platform (and which is defined as “Your Content” and is not responsible for its content, accuracy or compliance with relevant laws or regulations. You agree that by submitting such material you grant MyBelle permission via a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to display, publish and otherwise use Your Content as MyBelle reasonably sees fit, and also agree that MyBelle is under no obligation to display or otherwise use Your Content and that MyBelle has the right to remove Your Content immediately and without prior notice to you.
For the avoidance of any doubt whatsoever, MyBelle shall have the right, but not the obligation, to monitor, filter or screen Your Content. Notwithstanding the foregoing, MyBelle reserves the right to edit, refuse to post or remove Your Content at any time.
Messaging System

MyBelle operates a group messaging board available to its users that will allow users to post messages. MyBelle reserves the right to read, delete or edit such messages at its discretion and without prior notice, and/or to remove you from and prevent your further use of the message board. MyBelle also reserves the right to take any further action it deems necessary or appropriate.

Privacy Policy and Data Protection

MyBelle fully respects your right to privacy and has a strict policy of complying with the provisions of the National Information Technology Development Agency Act, 2007 (“NITDA ACT’’) as well as the Nigeria Data Protection Regulation 2019 (“NDPR”)

At certain times, and as a result of your interaction with the Platform, MyBelle may hold and process personal information obtained about you for the purposes of providing the member with the Service. By registering on the Platform, you consent to this collection and use of your information.
For the avoidance of any doubt whatsoever, you hereby understand and confirm that MyBelle is the data processor and you are the data controller (as both of those terms are defined under the NITDA Act and the NDPR 2019 in relation to the provision of the Services. Please also note that we may use your data to send you information about our services and, in addition, as a result of using the Services you may receive alerts via email or SMS etc.
By using the Services you agree to these interactions and if at any time you do not wish to receive such information then please contact us at mybelle.equarx@gmail.com and we shall desist from sending such information – please note however that refusing to accept some alerts may hamper or completely impede your use of the Services – please feel free to discuss any of these points with us at any time.
We would also add that you should be mindful that our Services can link to and collect data from third-party applications and if such a third-party application is permitted access by a user to their data that MyBelle will not be responsible in any way for any use, disclosure or modification of such user data that is transmitted or accessed through the Services by any such third party application.
MyBelle shall have the right to collect, use and distribute aggregated information, analysis, statistics, related benchmarking algorithms and other data generated by the Services (or derived from your use of the Services) provided, however, that we shall not disclose any such data unless such data is in an aggregated form that would not permit a third party to identify the data as associated with either you and/or a Patient.
Warranties and Indemnity
MyBelle warrants that it will use all reasonable skill and care in the provision of the Service.
MyBelle makes no warranties that the Platform is free from viruses or anything else that has contaminating and/or destructive properties and it is your responsibility to adopt appropriate backup, firewall and other precautionary security measures.
Our Platform is designed to provide direct messaging, private group messaging, sale of digital products like ebooks, courses etc., paid membership options, classes, and group services.
You warrant and represent that you are the owner or licensee of any content that you upload (such as videos, blogs, ebooks etc), record or otherwise transmit through the Service and that you have all lawful permission to use the same and (collectively, “Your Content”).
You warrant and represent that you shall not either intentionally or recklessly publish, post, upload, record or otherwise transmit anything that:
1. infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
1. violates any law or statute in force within the Federal Republic of Nigeria,
1. is defamatory, unlawfully threatening or unlawfully harassing;
1. is profane, indecent, obscene, harmful to minors or pornographic;
1. contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or
1. is materially false, misleading or inaccurate.
You agree not to:
1. use the Service in connection with junk mail, pyramid schemes, spamming (to include soliciting other users to become subscribers of other information services) or any duplicative or unsolicited messages, or any use of distribution lists to any person;
1. harvest or otherwise collect information about others;
1. knowingly interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
1. attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
1. use the Service for any illegal purposes whatsoever.
You agree to fully indemnify MyBelle, its Trustees, officers, employees, agents and suppliers against all claims, liabilities, costs and expenses (including but not limited to legal fees) arising out of your use of the Service or the Platform, the Content or Your Content or related to any breach of these Terms.
Service Availability and Limitation of liability
MyBelle shall use all reasonable endeavours to make the Service available to you but shall not be liable in the event of any interruption of the Service. MyBelle reserves the right to modify, withdraw, suspend or restrict the availability of the Service or any part of it.
The Service is provided solely for your use and you are not permitted to resell (meaning sub-licence) or attempt to resell the Service to any third party.
To the maximum extent permitted by law, MyBelle shall not be liable to you whether in contract, tort (including negligence) or otherwise, for; any indirect, consequential or special loss or damage whatsoever; any loss of profit, loss of anticipated savings, loss of business or reputation, loss of goodwill, loss of data or other such financial or business loss or damage; or
Under no circumstances will MyBelle be liable under these Terms in respect of any fault which is the responsibility of any third-party service provider or in respect of third-party applications.

Notwithstanding the above provisions of this clause MyBelle’s liability will not be limited in the case of fraud or for death or personal injury caused by the negligence of MyBelle.

Third Party Rights
- A person who is not a party to these Terms has no right to enforce any of its Terms.
- However, you agree that we and/or our affiliates may appoint agents and employ professionals in order to further effect your instructions. This appointment may be done without your consent. We and/or our affiliates shall not be held liable for any loss suffered on your investments or inability to assess our platform in so far as we were not negligent in the appointment of such agents or engagement of such professionals or in ensuring that your access to our Platform is not impeded.
Intellectual Property Rights
- Except for the rights expressly granted under these Terms:
All content included on this Platform, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, are all properties of MyBelle Technologies Limited or the properties of licensors, where stated. We or our licensors, as the case may be, retain all the rights, titles and interests in and to the contents displayed on this Platform, including, without limitation to, all Intellectual Property Rights therein.
- You agree that you have no right to use any of our intellectual property, including but not limited to copyright or trademarks, without our prior written consent.
- All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors.

Confidentiality
- During the term of these Terms, each party will regard any information provided to it by the other party and designated in writing as proprietary or confidential to be confidential (“Confidential Information”). Confidential Information shall also include information which, to a reasonable person familiar with the disclosing party’s business and the medical industry in which it operates, is of a confidential or proprietary nature. The receiving party shall hold in confidence, and shall not disclose (or permit or suffer its personnel to disclose) any Confidential Information to any person or entity except to a trustee, officer, employee, outside consultant, or legal advisor (collectively “Representatives”) who have a need to know such Confidential Information in the course of the performance of their duties for the receiving party and who are bound by a duty of confidentiality no less protective of the disclosing party’s Confidential Information than this Terms. The receiving party and its Representatives shall use such Confidential Information only for the purpose for which it was disclosed and shall not use or exploit such Confidential Information for its own benefit or the benefit of another without the prior written consent of the disclosing party. Each party accepts responsibility for the actions of its Representatives and shall protect the other party’s Confidential Information in the same manner as it protects its own valuable confidential information, but in no event shall less than reasonable care be used. A receiving party shall promptly notify the disclosing party upon becoming aware of a breach or threatened breach hereunder, and shall cooperate with any reasonable request of the disclosing party in enforcing its rights.
- Information will not be deemed Confidential Information if such information:
  - is known prior to receipt from the disclosing party, without any obligation of confidentiality;
  - becomes known to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party;
  - becomes publicly known or otherwise publicly available, except through a breach of this Terms; or
  - is independently developed by the receiving party without the use of the disclosing party’s Confidential Information.

The receiving party may disclose Confidential Information pursuant to the requirements of applicable law, legal process or government regulation, provided that it gives the disclosing party reasonable prior written notice to permit the disclosing Party to contest such disclosure, and such disclosure is otherwise limited to the required disclosure.

Notwithstanding any other provision of this Terms, both parties acknowledge that any use of the disclosing party’s Confidential Information in a manner inconsistent with the provisions of this Terms may cause the disclosing party irreparable and immediate damage for which remedies other than injunctive relief may be inadequate. Therefore, both parties agree that, in addition to any other remedy to which the disclosing party may be entitled at law or equity, the disclosing party shall be entitled to an injunction or injunctions (without the posting of any bond and without proof of actual damages) to restrain such use in addition to other appropriate remedies available under applicable law.
Governing Law

These Terms between us shall be governed by and interpreted in accordance with the Laws of the Federal Republic of Nigeria.

Dispute Resolution
If you have an issue with our Services, please contact us and we will endeavour to resolve your issue as soon as possible.
Whenever there is a dispute, the Parties shall use their best efforts to negotiate in good faith and settle amicably any dispute that may arise out of or relate to these Terms or a breach thereof.
If any such dispute cannot be settled amicably through ordinary negotiations; the dispute shall be referred to appropriate representatives of the parties who shall meet to resolve the dispute.
If any such meeting fails to result in a settlement within 14 days of commencing such meeting, in that case, the Parties shall proceed to mediation administered by the Lagos Multi-Door Court House under the Lagos Multi-Door Courthouse Law 2007.
Each party shall bear its costs including mediation.
Severability

If any provision of these Terms is determined by any Court of Competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect, so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.

Medical Disclaimer

The MyBelle Pregnancy Application may contain general information relating to various medical conditions. This information, including but not limited to text, graphics, images, and other material contained in this application is for informational purposes only. No material on this application is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider, with any questions you may have regarding a medical condition or treatments, and before undertaking a new health care regimen. Never disregard professional medical advice or delay in seeking it because of anything you have read on this website. We accept no liability for any loss or damages resulting directly or indirectly from reliance on content herein as this does not substitute for professional medical advice, diagnosis or treatment.

Termination
1. These Terms and your access to the Service may be terminated by MyBelle at any time or by written notice if (in the sole and reasonable opinion of MyBelle) you are in breach of these Terms and the breach is not properly remedied (which shall also be at the sole discretion of MyBelle) within the period of 7 days after written notice of the breach has been given to you.
1. Termination of these Terms will be a non-exclusive remedy for breach and will be without prejudice to any other right or remedy. Upon termination of this Terms, each party shall promptly return or destroy all Confidential Information of the other party in its possession. Within thirty (30) days following termination, you may retrieve Your Content in accordance with established and reasonable system access procedures. After such period, we will have no further obligation to store and/or make available Your Content and may delete the same
1. For the avoidance of any doubt, in the event of termination of this Terms & Conditions by us for cause, the Services shall not be made available to you or your Patient and you will immediately pay the unexpired portion of your subscription remaining.
Amendment

These Terms cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms at any time and from time to time. We will post the current version of these Terms on this Platform or send the same to you via your email address and each such change will be effective upon posting on this Platform or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms as so modified.

No Waiver

Any waiver by us of any of the provisions of these Terms will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.

General

No failure or delay on the part of MyBelle relating to the exercise of any right, power, privilege or remedy provided under this Terms shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the other party to this Terms. MyBelle shall be under no liability to you in respect of anything, which notwithstanding this provision may constitute a breach of this Terms arising by reason of force majeure which includes Act of God and failure of third party delivery agents.

Rules of Conduct

You expressly agree not to use any part of the Platform to:

post content that is unlawful, malicious, misleading, defamatory, harmful, threatening, abusive, harassing, vulgar, obscene, libellous, objectionable, inappropriate, improper, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
impersonate any person or entity, including, but not limited to, MyBelle or a MyBelle employee, or falsely state or otherwise misrepresent your affiliation with any person, group, or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content submitted to any part of the Community;
post any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
post any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights or rights of publicity or privacy rights of any third party;
post any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
act illegally or unethically; or
collect or store personal data about other users.

You are solely responsible for the content of your computer and any transmissions you make when using the Community.

Posts on any part of the Platform may be edited, moved, deleted, or removed at MyBelle’s discretion. MyBelle reserves the right to temporarily or permanently withdraw your Community membership at its discretion.

MyBelle does not guarantee a response to any post on the Community. Specifically, support issues should be addressed via MyBelle’s official support contacts.