Legal

Terms of Service

Effective as published on the MalaAlert website. By accessing or using this site, you agree to these terms. These interim terms apply to the public information website operated by Naza Agape Foundation. Operational early-warning services will require separate, purpose-specific terms before public deployment.

1. Definitions

“MalaAlert” refers to the community-led, climate-informed malaria early warning initiative of Naza Agape Foundation, including this website and any related public information materials published under the MalaAlert name.

“Naza Agape Foundation”, “we”, “us”, or “our” means the Nigerian community-based organisation that leads MalaAlert.

“User”, “you”, or “your” means any individual or organisation that accesses or uses the Website.

“Website” means the public MalaAlert information website and associated pages, forms, and content made available through it.

“Content” means text, images, graphics, product previews, risk concepts, guidance, and other materials published on the Website.

“Services” means any current or future MalaAlert features described on the Website, including informational pages, enquiry forms, and planned early-warning, field-coordination, or decision-support capabilities. Unless separately launched under dedicated terms, Services described here are illustrative and may change during co-design, testing, and validation.

2. Acceptance of Terms

By accessing or using the Website in any manner, including browsing pages or submitting an enquiry, you agree to be bound by these Terms, applicable law, and any policies incorporated by reference, including our privacy notice. If you do not agree, you must not access or use the Website.

3. Eligibility

The Website is intended for general public information and partnership enquiries. If you submit an enquiry on behalf of an organisation, you represent that you are authorised to do so. Individuals seeking medical care, diagnosis, or emergency assistance should contact a qualified health provider or local emergency service instead of relying on this Website.

4. Website access and enquiries

Public access

Most Website content is available without creating an account. You may browse publicly published pages for lawful informational purposes.

Enquiry submissions

If you use the contact or early-access form, you agree to provide accurate information and not to submit health records, confidential case details, or other sensitive personal data through that channel. Enquiry handling is described in our privacy notice.

Future accounts and operational tools

If MalaAlert later offers registered accounts, apps, or operational alert tools, additional terms, eligibility rules, and security obligations will apply. Those terms will be published before such features are made available for public or pilot use.

5. Permitted uses and user obligations

Permitted uses

You may use the Website solely for lawful purposes consistent with these Terms, including learning about MalaAlert, sharing public links in a non-misleading way, and contacting Naza Agape Foundation about responsible collaboration.

Prohibited conduct

You shall not:

  • Present planned targets, illustrative product views, or emerging features as verified clinical results, guaranteed forecasts, or deployed services.
  • Infringe or violate any person’s rights, including intellectual property, privacy, or publicity rights.
  • Impersonate any person or organisation, or misrepresent your affiliation with MalaAlert, Naza Agape Foundation, or any partner.
  • Attempt to gain unauthorised access to the Website, related systems, or networks.
  • Interfere with Website security, availability, or integrity, including by introducing malware or abusive automated traffic.
  • Use the Website to transmit spam, unsolicited advertising, or other unlawful solicitation.
  • Scrape, reverse engineer, or copy Website materials beyond ordinary browsing and fair quotation, except where expressly permitted in writing.

User-submitted messages

You retain ownership of messages you submit through enquiry forms. By submitting them, you grant Naza Agape Foundation a limited licence to use that information to respond, assess possible collaboration, and maintain appropriate organisational records.

6. Intellectual property rights

MalaAlert ownership

Original Website Content, branding, design, and related materials are provided by or for Naza Agape Foundation unless otherwise stated. All rights not expressly granted are reserved.

Limited licence to users

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for personal or internal organisational information purposes.

Third-party materials

The Website may reference third-party names, tools, data sources, or services. Those remain the property of their respective owners and do not imply endorsement or a confirmed partnership unless expressly stated.

7. Fees and paid services

The public information Website is currently provided without charge. If MalaAlert later offers paid pilots, subscriptions, or premium collaboration services, fees, billing, and cancellation terms will be disclosed before purchase or enrolment. Unless otherwise stated in writing, any such fees are non-refundable.

8. Disclaimers and limitation of liability

No medical advice or emergency service

MalaAlert Content is intended to support prevention awareness and preparedness information. Nothing on the Website constitutes professional medical advice, diagnosis, treatment, or an emergency response service. Always seek the advice of a qualified health provider with questions about malaria or any other medical condition. People with possible malaria symptoms should seek timely testing and care.

Forecast and information limits

Any current or future risk outlook described by MalaAlert is an estimate based on available data, models, and assumptions. It cannot guarantee that malaria transmission will or will not occur in a particular place or period. Features, channels, collaborators, timelines, and performance targets described on the Website may change during validation.

“AS IS” and “AS AVAILABLE”

The Website and Content are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Naza Agape Foundation disclaims warranties of merchantability, fitness for a particular purpose, accuracy, uninterrupted availability, and non-infringement.

Limitation of liability

To the maximum extent permitted by law, Naza Agape Foundation and its officers, directors, employees, agents, and partners shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from or relating to these Terms or your use of (or inability to use) the Website, even if advised of the possibility of such damages.

Aggregate liability

Where liability cannot be excluded, our total liability for claims arising from or relating to these Terms or the Website shall not exceed the greater of (a) the total fees you paid to us for MalaAlert services in the six (6) months preceding the claim, if any, or (b) one hundred thousand Nigerian Naira (NGN 100,000).

9. Indemnification

You agree to defend, indemnify, and hold harmless Naza Agape Foundation and its officers, directors, employees, agents, and partners from and against claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Website; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content or enquiry you submit.

10. Governing law and dispute resolution

Governing law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to conflict-of-laws principles.

Dispute resolution

Any dispute arising out of or relating to these Terms or the Website shall first be addressed through good-faith negotiations. If unresolved within thirty (30) days, either party may submit the dispute to binding arbitration in Jos, Plateau State, Nigeria, under the Arbitration and Conciliation Act. Arbitration shall be conducted in English. Judgment on an award may be entered in any court of competent jurisdiction.

Injunctive relief

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement or misuse of intellectual property or confidential information.

11. Modifications to the Terms

We may update these Terms as MalaAlert develops by posting a revised version on the Website. Continued use of the Website after an update constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Website.

12. Severability and waiver

If any provision of these Terms is held invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. No waiver of any breach shall be deemed a waiver of any subsequent breach.

13. Entire agreement

These Terms, together with the privacy notice and any other policies posted on the Website, constitute the entire agreement between you and Naza Agape Foundation regarding your use of the Website and supersede prior or contemporaneous understandings relating to that subject matter.

14. Contact

Questions about these Terms can be submitted through the contact page.

15. Important review notice

These interim website terms should be reviewed by qualified Nigerian counsel before an operational platform, community alert service, or health-related data processing launches.