ASKvendors is a web/mobile application and platform that connects potential buyers directly with registered pharmacies to confirm the availability of products. The platform is used to transmit availability requests from you (ultimate user) to Pharmaceutical Council of Nigeria (PCN) registered pharmacies who are duly authorised to operate under ASKvendors.
ASKvendors Limited is a company duly registered under the Laws of the Federal Republic of Nigeria, as a Private Limited Liability Company, and reserves all the rights of the ASKvendors Web/Mobile Application in that, it is the sole service provider for the ASKvendors Web /Mobile Application and the operation of the Web/Mobile Application in Nigeria is undertaken by ASKvendors Limited.
The Terms and Conditions set out here in govern all our ultimate- users’ access and usage of the ASKvendors platform. It also serves as ASKvendors’ End-User License Agreement (EULA) and a legal agreement between you (ultimate-user, end-user or you) and ASKvendors for: ASKvendors Web/Mobile Application software and the data supplied with the Software.
This Web/Mobile Application is not sold to you, however, ASKvendors licenses the use of the Web/Mobile Application and Documents to you in accordance to these terms and conditions and is subject to any rules or policies applied by any App store provider or operator from whose site or platform the ultimate-user downloads or opens the Web/Mobile Application. The term "Application" or App shall refer to both Web and Mobile Application and shall consist of:
the web/mobile software application accompanying this License, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components;
any updates, modifications or enhancements to the items listed in subsections a), b) and any specific website the Application directs you to via any browser located on an iPhone, Android Phone, or such other mobile device (“Mobile Device”).
The terms of this EULA apply to the ASKvendors Application or any of the services made available through the Application (“Services”), including any updates or supplements to the Application or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Application or any Service, the terms of an open-source licence may override some of the terms of this Agreement.
ASKvendors may change these terms at any time and send you a notification with details of the change or notify you of a change upon your next start of Application or log onto one of the websites referred to in condition
The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
The Application may be accessed through browsers (in the case of the Web App) or issued through an Application Store (in the case of the Mobile App)depending on the update, you may not be granted access to use the Services until you have downloaded or streamed the most recent version of the Application and accepted any new terms.
Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not restrict the generality of the related general words.
You accept responsibility in accordance with the terms of this EULA for the use of the Application or any Service on or in affiliation to any Device, whether or not it is owned by you. If a device is not owned by you, it will be deemed that you have secured the consent of the owners of the mobile devices that are controlled but not owned by you to download or stream a copy of the Application onto the devices. You as well as they may be charged by your or their service providers for internet access on such devices.
The Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights contained therein and associated therewith are and shall remain the property of ASKvendors.
You acknowledge and agree that the source and object code of the Applications and the format, queries, algorithms, directories, structure and organization of the Application are the intellectual property, proprietary and confidential information of ASKvendors and its partners, affiliates, and licensors.
Except as expressly stated in this License, you are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory.
These terms and your use of the Application do not convey or grant to you any rights: in or related to the services except for the limited license granted above or to use or reference in any manner ASKvendors’ company names, logos, product and service names, trademarks or services marks.
You are not authorized to use ASKvendors’ trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of the Company, which may be withheld for any or no reason.
You acknowledge and agree that, in the event of a third party claim that the Application or Your possession or use of the Application violates any third party's intellectual property rights, you will be responsible for the investigation, defence, compensation and discharge of any such claim of intellectual property infringement. You will, however, promptly notify the Company in writing of such a claim.
You may not sublicense, lease, lend, rent, or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
ASKvendors provides a technology platform which enables users of ASKvendors’ web or mobile Application to make inquiries for availability of pharmaceutical products with independent third-party providers under agreement with ASKvendors Limited or our affiliates. Unless otherwise agreed by ASKvendors in a separate agreement with you, the services are made available solely for your personal use. Certain services on the ASKvendors Applications can only be utilised by registering and sending messages via the ASKvendors Application. You acknowledge and agree that ASKvendors does not provide you with credit top-ups or logistics services or function as a courier and that all such credit top-ups to enable sending of inquiries through messages to available pharmacies on the app are undertaken by you the end-user.
The use of certain services and related features on the ASKvendors web or mobile Application requires that you register for and maintain an active personal user account (“Account”). Account registration requires that you must be at least 18 years of age, or the age of legal majority in your jurisdiction, to obtain an Account. You are required to submit to ASKvendors certain personal information, such as your name, address, mobile phone number and age, which is linked to each individual Account and added to the ASKvendors database.
You agree to maintain accurate, complete, and up-to-date information on your Account. Your failure to maintain such including having an invalid or expired payment method on file, may result in your inability to access and use the Services or ASKvendors termination of these Terms with you.
Furthermore, you are responsible for all activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by ASKvendors in writing, you may only possess one Account.
That payments for products by the ultimate user be made directly to the pharmacy. That any complaints be sent to our support team via email support@ASKvendors.com.
You agree that you are responsible for obtaining the internet network access necessary to use the Application. You are responsible for the payments and charges accrued by your using of your choice mobile network’s data and messaging rates and fees that may apply if you access or use the Application from a wireless-enabled device. You are responsible for acquiring and updating compatible mobile devices necessary to access and use the services offered through the Applications and any updates. ASKvendors does not guarantee that the Services, or any portion thereof, will function wholesomely on any particular mobile devices. In addition, the Services offered through the Application may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
ASKvendors does not guarantee that the Application will be compatible or interoperable with your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device to wane or fail completely, and may result in permanent damage to your hard ware mobile device, loss of the data located on your mobile device, and corruption of the software and files located on your mobile device. You agree that ASKvendors and its affiliates, partners and licensors shall not be liable for any losses suffered resulting from or arising in relation to compatibility or interoperability problems.
You agree that by creating an Account on the platform that ASKvendors may send you text (SMS) messages, WhatsApp messages, or emails as part of the ordinary business operation of your use of the Application and its resultant services. If you wish to stop receiving text (SMS) messages or emails, you may unsubscribe by clicking on the link provided in each email.
ASKvendors may in its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that ASKvendors may establish on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:
may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted on a public platform or otherwise), unless expressly permitted by ASKvendors in writing.
may only be used pursuant to the specific terms that ASKvendors sets down for such Promo Code;
and must be used for the intended audience and purpose, and in a manner which is lawful.
may be disabled by ASKvendors at any time for any reason without liability to ASKvendors;
are not valid for cash or other consideration;
may expire before you use it.
ASKvendors retains the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that ASKvendors determines or believes that the use or redemption of the Promo Code was illegal, fraudulent, in error, or in violation of the applicable Promo Code terms or these Terms.
Subject to you complying with these terms, ASKvendors grants you a non-exclusive, non-transferable, limited, and revocable right to install and use the Applications on your devices strictly in accordance to the terms of this licence as contained herein. In the event that your right to use the Application is terminated, the corresponding non-exclusive license shall also be revoked.
You shall use this application without
reproducing, modifying, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying or performing, transmitting, streaming, broadcasting, or exploiting the services unless expressly granted by ASKvendors Limited. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
making any modifications, adaptation, improvement, enhancement, translations or derivative work from the Application.
decompiling, reverse engineering, disassembling the services or attempting to obtain the source code of or decrypting the Application.
removing, altering, any copyright, trademark proprietary notices of the company or its affiliates and partners.
using the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by ASKvendors.
using any proprietary information or interfaces of ASKvendors Limited or other intellectual property of the Company to design, develop, manufacture, license or distribute any applications, accessories or devices for use with the Application or
using the Application to send automated queries to any website or to send any unrequested commercial e-mail.
You acknowledge that ASKvendors does not endorse, investigate, monitor or represent the Third-Party Content and Services (including any third-party websites available through the Application). Additionally, your access to and use of the Third-Party Content and Services or their privacy policies (if any) is at your sole discretion and risk, and ASKvendors shall not be liable or responsible for any products or services of such providers. You will need to make your own decisions solely regarding your interaction with and use of any Third-party Sites, including the purchase and use of any products or services accessible through them.
Since ASKvendors is a web and mobile Application that offers requisition services, functional issues may arise. In case of any faults in the software, ASKvendors undertakes to correct them within reasonable time, however, it is pertinent to bear in mind that the functionality of the Application may be restricted due to occasional technical glitches and we are not able to guarantee the limitless, faultless functioning of the Application at all times. Also, ASKvendors Limited shall not accept any liability for any losses induced as a consequence of the ASKvendors Application not functioning or not being usable in a desired fashion.
The pharmacies on the ASKvendors platform are from the list of registered premises published annually by the Pharmacist Council of Nigeria (PCN). ASKvendors makes effort to ensure only PCN-registered pharmacies are on boarded to the platform and would also not be held liable for fraudulent claim of PCN registration by any of the pharmacies registered on the Platform. ASKvendors does not screen the participants using the Application in any other way. Therefore, ASKvendors will not be held liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of the Application, including, without limitation, to damages arising out of communicating and/or meeting with other participants of ASKvendors, or introduced to you via the ASKvendors Application.
ASKvendors has no responsibility whatsoever for the actions or conduct of third-party product providers or Users. ASKvendors has no obligation to intervene in or be involved in any way in disputes that may arise between service providers, users (inquirers) or third parties. Responsibility for the decisions you make regarding providing or accepting services rest solely with the User. It is each User and pharmacy’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the Application.
ASKvendors has no responsibility to screen or otherwise evaluate potential users of the Application. Users understand and accept that ASKvendors has no control over the identity or actions of the pharmacies or ultimate users. Therefore, ASKvendors obliges all users to exercise caution and good judgment when using the Application to connect to pharmacies with the relevant products requested for.
ASKvendors Application is mainly a link between potential customers and pharmacies. While ASKvendors would make effort to ensure only PCN-registered pharmacies are on boarded, we cannot influence or take any responsibility for the quality or defects of the service or products. Pharmacies and distributors are not employees of ASKvendors but Independent third-party service providers and for this reason, we are unable to guarantee consistently accurate and faultless provision of services. Therefore, ASKvendors would not be held liable for:
Any defect in the quality of products procured from any of the Pharmacies on the ASKvendors platform.
Any delays or failure to deliver products on the part of any Pharmaceutical pharmacy gotten in contact with on ASKvendors, and
any delay or failure to accept returned products.
The ASKvendors platform and the contents thereof do not in any way constitute or serve as an offer or brokerage for sales services for users of the Application nor does it serve as an agency in the service of finding customers for pharmacies
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You expressly understand and agree that the application and your use of it, is provided on an "as is' and "as available" basis, and that your use of or reliance upon the application and any third party content and services accessed is at your sole risk and discretion. ASKvendors and its affiliates, partners, and licensor hereby disclaim any and all representations, warranties and guaranties regarding the application and third-party content and services, whether express, implied or statutory, and including, without limitation to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Furthermore, ASKvendors and its affiliates, partners and licensor grant no warranty that:
the application or third-party content and services will meet your requirements
the application or third-party content and services will be uninterrupted, accurate, reliable, timely, secure or free of glitches;
the quality of any products, services, information or other material obtained by you through the application will be as represented or meet up to your expectations or
any glitches in the application or third-party content and services will be amended or corrected. No advice or information, whether oral or written, obtained by you from ASKvendors or from the application shall create any representation, warranty or guaranty. Furthermore, you acknowledge that company have no obligation to correct any errors or otherwise support or maintain the application.
Under no circumstances shall ASKvendors or its members and partners be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the application and any third party content and services, whether or not the damages were foreseeable and whether or not ASKvendors was advised of or had knowledge of the possibility of such damages. Without limiting the generality of the foregoing, ASKvendors’ gross liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of twenty thousand naira (#20,000.00). The aforementioned limitations will apply even if the remedy stated above fails.
You hereby agree to indemnify and hold ASKvendors and its partners, officers, directors, employees and agents harmless from and against any and all claims, proceedings, damages, demands, losses, penalties, liabilities, interests and expenses (including attorneys’ fees) arising out of or in connection with:
your use of the Application or services or goods obtained through your use of the Application
your use of the Application or services or goods obtained through your use of the Application
Your violation of law or your negligence and wilful misconduct;
Your infringement of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.
The unenforceable or invalidity of any of the provisions of this EULA (End-User License Agreement) shall not have impact on the enforceability or validity of the other provisions. However, such unenforceable or invalid term shall be amended or revised to show the original intention of ASKvendors to render the EULA enforceable or valid, and the rights and responsibilities of the parties thereto shall be interpreted and enforced accordingly, so as to make the terms be of full effect.
This Agreement and the License created under shall be deemed to take place in Nigeria, and shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any disputes, conflict, claim or controversy arising out of or broadly in connection with or relating to the services offered through the use of the Application or these Terms, including those relating to its validity, its construction or its enforceability shall be first mandatory shall be referred to a sole mediator appointed in accordance with the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004 or any modification for the time being in force before being adjudicated in the courts of Federation. This License shall not be governed by any United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
This EULA (End-User License Agreement) including the documents incorporated herein by reference contain the entire agreement in relation to the use of the Application licensed hereunder and supersedes all prior or coexistent understandings oral or written with respect to the subject matter.