Terms & Conditions
Introduction
Throughout this Terms of Use Agreement, the following terms shall have the meanings ascribed herein:
- “Bastion” “we”, “us”, or “our” refers to Bastion Health Limited;
“You,” “customer,” and “user” refers to you, users of our Services and any entity or organization you or such users represent;
- “Parties” refers to Bastion and the customer collectively and “Party” refers to Bastion or the Customer;
- “Website” refers to www.bastionhmo.com and its sub-domains, our mobile apps and services which incorporates this Terms of Use;
- “Services” refers to products and services branded with the Bastion name, collectively, the Website, widgets, information, services, email notifications
and other media, or portions of such media, through which you have accessed this Terms of Use.
Privacy Policy
- By using our Services, you acknowledge that you have read and understood our Privacy Policy. The Terms of Use incorporate this Privacy Policy in full and, by agreeing to the Terms of Use, you agree to be bound by the terms of the Privacy Policy.
Your Compliance with The Terms of Use
- By using our Services and visiting our Website, you voluntarily accept and consent to the Terms of Use, and your consent and acceptance are supported by sufficient and valuable consideration. You acknowledge that this consideration includes, but is not limited to, access to our Services and your ability to interact with our Services. You expressly represent that you have the capacity to agree to be bound to the Terms of Use and given that you are acting on behalf of a business entity or other organization, agree that you have the authority to so bind that entity or organization.
Representation of Data Collection
- You consent to and agree that Bastion may collect data and Personal Data, as defined under our Privacy Policy from you even though we may not be able to offer you any available products or services for purchase. If you voluntarily provide us with any information about yourself or a third party, you agree that Bastion reserves the right to use that data for market analysis, advertising, or other commercial purposes. This is true even if Bastion cannot offer you or a third-party products or services for sale at the time you provide us with this information.
Consent to Receive Electronic Copies of Insurance Documents
- By signing up for our Services, you consent to receive all insurance documents, including identification cards, in electronic form only to an email address you provide.You can access your Membership ID cards, policy documents, and related information via any modern web browser on an internet-connected device such as a tablet, phone, or laptop. If you are unable to gain access to one of these devices, please call Bastion on 07034147143 and one of our agents can provide you with a physical copy.
Online Registration
- You may choose to create a user account for yourself on our website. Registration will require a one-time password or access to your email inbox for verification. You may not use an email address which purports to represent or impersonate a person other than yourself. We reserve the right to refuse or cancel the registration of any username at our sole discretion. You are responsible for maintaining the confidentiality of your username and password. You further agree to notify us immediately, at 07034147143, if you become aware of any unauthorized use involving your username and/or password.
Use of Our Services
- Our Services, as well as their underlying processes, related content, and generated data, may not be used for personal or commercial use, except for the purpose of Our Service. You may not copy, reproduce, sell, distribute, replicate, duplicate, relay, transmit, broadcast, or license our Services or their underlying processes, related content, or generated data without Bastion’s prior express written consent. Your use of our Services is not transferable by you to any other person or entity. Your access and use of our Services may be interrupted by, without limitation, maintenance of our equipment or networks, malfunction of our equipment or networks, or inadvertently by a third party or parties. We reserve the sole right to suspend or discontinue the availability of our Services at any time in our sole discretion and without prior notice or consent.
Prohibited Activities
- You are responsible for anything you transmit to or through Bastion’s Website or to Bastion through email, text, social media review websites or any similar service. You represent that your transmissions to Bastion are and will be truthful, accurate, not misleading, offered in good faith and that you have authority to transmit such information. In using this Website, you agree that it is solely your responsibility to avoid certain activities that we deem, at our discretion, to be prohibited. These prohibited activities include without limitation:
- Criminal activity or tortious activity, including fraud or misrepresentation, harassment, infringement or misappropriation of a third party’s copyright, trademark, patent, trade secret, or other intellectual property, slander, libel, defamation, or use of content that is obscene, pornographic, vulgar or offensive, use of content that promotes discrimination, bigotry, racism, hatred, harassment, violence, or harm against any individual or group, and content that promotes illegal or harmful activities or substances;
- Advertising to, or solicitation of, any user to buy or sell any products or services;
- Attempting to impersonate, or impersonating, another user or entity;
- Using a false email address, phone number, postal address, or contact information. You are also prohibited from using an email address, phone number, address or contact information of another entity or person without authorization;
- Attempting to access or search the Services or engaging in any automated use of the System, such as usingillegalscripts, spiders, crawlers, data mining tools, or the like to collect data, send comments or messages, post on forums, and/or request information;
- Attempting to probe, scan, or test the vulnerability of any Bastion system or network, or breach any security or authentication measures;
- Interfering with, disrupting, or creating an undue burden on our Services or the underlying networks;
- Accessing or tampering with non-public areas of the Services, Bastion’s computer systems, or the technical delivery systems of Bastion’s providers;
- Avoiding, bypassing, removing, deactivating, impairing, descrambling otherwise circumventing any technological measure implemented by Bastion or any of Bastion’s providers or any other authorized third party to protect the Services;
- Using meta tags or other hidden text or metadata utilizing a Bastion trademark, logo, URL, or product name without Bastion’s express written consent;•Using information or scraping information from our Services for any purpose whatsoever;
- Using the Services for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Terms of Use.
Monitoring of Services
- We reserve the right but have no obligation to monitor our Services for your or third-party violations of the Terms of Use, take appropriate legal action against anyone who violates the Terms of Use, refuse or restrict access to or availability of any user`s interaction with the Services, remove the Services, or otherwise disable all files and content at our discretion, and otherwise manage the Services in order to protect the rights and property of Bastion and its Customers
Termination of Your Account or Use of Our Services
- We may restrict, suspend, or terminate your use of or access to our Services in the event that you violate the Terms of Use and, at our sole discretion, as permitted by law. We may change the Services or content, or otherwise restrict access to all or parts of our Services without providing notice at our discretion, as permitted by law.
Content
Bastion makes no representations or warranties about the suitability of the content of its Website for any purpose. Bastion provides all content of its Website on an “as is” and an “as available” basis without any warranty of any kind.
Disclaimers and Limitations on Liability
- Bastion makes no warranty of any kind whatsoever –express or implied –with respect to the contents of its Services. Bastion hereby disclaims any and all implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. You expressly agree that your use of our Services is at your sole risk. It is solely your independent duty and responsibility to verify and evaluate the accuracy, correctness, reliability and completeness of ANY Services. We make no warranty or guarantee that any content available for downloading is free from infection from any computer programming or other glitches which may contaminate damage, interfere with, destroy, intercept, or expropriate any system, data, or personal information. We do not make any representations, warranties, or guarantees –express or implied –regarding quotes or offers provided on or through our Services. As such, Bastion will not be liable for any loss or damage suffered as a result of the content, products, or services furnished from such service providers.We further make no representations, guarantees, or warranties that our Services are appropriate or available for use in jurisdictions outside of the Federal Republic of Nigeria. If you access or otherwise use our Services from these jurisdictions, you do so of your own volition and risk, and are solely responsible for compliance with local and international law.Bastion will not be held liable to anyone for any liability arising out of, or in any way relating to, any damages, loss, or claim whatsoever, no matter how occasioned, in connection with or arising out of access to or use of the contents of its Services. In no event shall Bastion be liable for any special, indirect, exemplary, or consequential damages or any damages whatsoever, including, but not limited to, loss of use, data, or profits, without regard to the form of any action, including, but not limited to, contract or negligence or other tortious actions, arising out of or in connection with the use, reproduction, or display of the content
Bastion’s Representations and Disclaimers
- Bastion makes no representations, warranties, or guarantees with respect to quotes, terms, rates, coverage, or services offered to you by hospitals, insurers or other third parties through Bastion’s Services. Bastion believes the content provided through its Services to be accurate, complete, and current. However, inadvertent technical or factual inaccuracies may arise and, therefore, Bastion does not warrant that its content is accurate, complete, and current. Content that Bastion provides through its Services is meant to assist you with insurance and financial decisions. However, such information merely constitutes a general deillegalscription of insurance coverage potentially available.You acknowledge and agree that such recommendations may omit coverage that may be necessary or advisable for you and such recommendations may differ from recommendations that you might receive were you to seek advice specific to your individual circumstances. You must submit a complete application to obtain a particular coverage. Issuance of insurance coverage is dependent on underwriting approval; availability and coverages may vary by state. We also recommend that you obtain additional information and advice from your accountant, attorney, and other advisors that can take your individual circumstances into account.You hereby release Bastion of any loss,cost, damages, or claim in connection with or arising from your use of a service or product, including any fees charged.
Your Representations
- By using our Services, you represent and warrant to us that:
You are at least 18 years of age; and - You are authorized to purchase and bind this insurance on behalf of the individual, company or entity applying for medical coverage;
- You authorize Bastion, as well as its agents and representatives, to obtain information from a third party in order to assess your insurability, or for any permissible purpose.
Indemnification
- By using our Services, you agree to indemnify, defend, and hold Bastion harmless against any claim, cost, fine, damages, including attorneys’ fees, arising from or related to your use of our Services.
Fees and Charges
- You may choose to purchase products or services from us while using our Services, which may result in charges and fees to you. We will inform you in advance of any such charge or fee. By submitting payment information for an accepted method of payment (“Payment Method”) through our Services, you authorize us to charge you these agreed-upon amounts, as well as any applicable taxes to your Payment Method.You will not be entitled to any refund of charges, fees, or taxes except as expressly provided herein, or as required under applicable law.
- You may choose to use a debit or credit card as a Payment Method to pay for charges, fees, and taxes in connection with our Services. Should you choose to do so, you warrant that you are authorized to use such card for this purpose. Should you use a debit or credit card without authorization, in whole or in part, you will remain responsible for any outstanding balance, and we may alert the appropriate authorities of your misuse.
- Policy coverage is renewable annually. Unless stated otherwise, you agree that your policy be automatically renewed annually. You further agree and consent to Bastion continuing to debit the same payment instrument upon renewal or similar event, if applicable.Your premium payment does not bind coverage until Bastion approves your application. In the event that Bastion does not approve your application; your premium payment will be refunded.
You may cancel your policy at any time by logging in online or emailing Customer support. If you cancel your policy, we will stop your payments and will not further charge your Payment Method.
Intellectual Property Rights
- Our names, graphics, and logos used in connection with our Services, service marks, icons, page headers, page layouts, illegalscripts, and unique terminology are our trademarks and trade dress (collectively, “Proprietary Marks”) in the Federal Republic of Nigeria. You may not use our Proprietary Marks without our express and written permission. Bastion makes no proprietary claim to any third-party names, trademarks, or service marks appearing on our Services as the rights related to these names, trademarks, or service marks belong to their respective owners;
- Any information, advice, data, software, or other content, which may be contained in or downloaded from our Services (collectively referred to as “Content”), including, but not limited to, all text, graphics, charts, images, videos, icons, and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own copyrights to a collective work in the selection, coordination, arrangement, organization, navigation, presentation, display, and selective alteration of the Content (referred to as “Collective Work”). All software used in providing or supporting our Services (“Software”) is our property or the property of our software vendors and is protected by the Federal Republic of Nigeria and international copyright laws. Any access you may have, including but not limited to, viewing, reading, printing, downloading or otherwise using the Content, Collective Work, or Software does not waive any of our rights and does not entitle you or any third party to any ownership or intellectual property rights.
- You are solely liable for any damages arising from your infringement of our or any third-party intellectual property rights with respect to the Proprietary Marks, Content, Collective Work, Software, or third-party names, trademarks or service marks. You are solely responsible for any harm incurred to us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, publishing, or using the same for purposes that are expressly or impliedly in violation of this Terms of Use.
No Third-Party Binding Effect
- The Terms of Use are between you and Bastion, and no provision within the Terms of Use confers any implied or express right to any third party. The Terms of Use do not provide you with any authority to bind Bastion in any way.
Assignment
- You may not transfer, assign, or license your rights under the Terms of Use without our prior express and written consent.
Our Services Are Not Intended for Minors
- Our Services are not directed at minors, that is, persons younger than 18 years old. If you are not at least 18 years old, please do not attempt to access our services. We do not knowingly contact or collect personal information from persons under 18 years old, and such a person should not provide us with any information.
Dispute Resolution
- The Parties shall in good faith, use their reasonable best efforts to resolve any dispute that may arise in relation to this Agreement through dialogues and negotiations within twenty (20) days of such dispute’s occurrence.
- Where the Parties cannot jointly resolve the dispute wholly or partly, the dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, Cap A18 Laws of the Federation of Nigeria, 2004. The arbitral tribunal shall be composed of one (1) arbitrator who shall be jointly appointed by the Parties. Where the Parties are unable to agree on a choice of arbitrator, the nomination shall be made by the Chairman for the time being of the Nigerian branch of the Chartered Institute of Arbitrators, United Kingdom.The seat or legal place of arbitration shall be Lagos, while the language to be used in the arbitral proceedings shall be English.
- All reasonable costs and expenses attributable to the arbitration (including the fees of the arbitrator) shall be allocated equally between the Parties unless the arbitrator shall determine it is appropriate under the circumstances to allocate such costs and expenses in a different manner.
Written Modification
- The Terms of Use shall only be modified in writing. The individual employees of Bastion, Bastion’s affiliate companies, and third parties are not authorized to modify the Terms of Use except by the mechanism stated herein. Any employee offering to modify the Terms of Use is not acting as an agent of Bastion or with proper authority to bind Bastion. You agree not to rely on any statement, written or oral, by any employee or agent of Bastion or any third party with respect to modification or interpretation of the Terms of Use.
Notices
- Notices to you: In using our Services, you may choose to communicate with us by providing us with feedback, comments, questions, or proposals. In doing so, you agree to allow Bastion to use this information in any way consistent with the Terms of Use and our Privacy Policy. When you submit contact information to us as part of an attempted or completed request for a quote or offer for goods or services, you consent to receive telephone calls, emails, text messages, mailers, or other similar communications in connection with these goods and servicesIn the event Bastion may choose or become obligated to provide you with notices under or related to the Terms of Use, you consent to receive such notices or related communications by Bastion posting them on its Website, by sending them to you via an email address you provided, or by sending them to a postal address you provided, at our discretion. You further agree that any such communication as described herein satisfies any legal requirement that the communication must be provided in writing.
- Notices to Bastion: If you have any questions about the Terms of Use or wish to notify us in relation to your use of our Services, you may contact Bastion by email [email protected], or by calling 07034147143.24. Severability Except as otherwise provided herein, in the event that any provision contained within the Terms of Use is deemed to be unenforceable, invalid, or ambiguous, such provision shall be limited or discarded to the minimum extent necessary so that the remaining provisions of the Terms of Use remain in full force and enforceable.25.Non-WaiverNeither party shall be deemed to have waived, in whole or in part, any of its rights granted herein by its failure to exercise, in whole or in part, any right herein.
Notification of Changes
- At its discretion, Bastion may amend the Terms of Use from time to time. We will post any such material changes to our Website along with a notice indicating that the Terms of Use have changed at least thirty (30) days prior to the effective date of these changes, when practicable. Should we materially change the Terms of Use, you may cancel your account with us by contacting us in accordance with Clause .
(“Notices to Bastion”)provision of the Terms of Use before the effective date of the modified Terms of Use. You will not be bound by the updated Terms of Use if you cancel your account within this period.
Force Majeure
Neither party shall be responsible for any delay or failure in any performance due to acts of God, war, warlike conditions, blockade, embargoes, riots, government restriction, labor disturbances, unavailability of anticipated or usual means of supplies, wrecks, epidemics, quarantine, fire, flood, earthquake, explosion, any unforeseen change in circumstances, or any other causes beyond any party’s reasonable control.
Entire Agreement
- You agree to be bound by the terms and conditions contained within the Terms of Use, as well as our Privacy Policy. Collectively, these form a legally binding agreement between us and you.The Terms of Use and only the Privacy Policy expressly incorporated by reference herein constitute the entire agreement of the parties and supersede any prior or contemporaneous agreements, understandings, warranties, or understandings, whether written or oral, whether express or implied, with connection to our Services.
Governing Law and Jurisdiction
- You agree that the Terms of Use are governed and interpreted in accordance with the laws of the Federal Republic of Nigeria. By using our Services, you agree and submit to the exclusive jurisdiction of the High Courts of Lagos in order to resolve any dispute arising from your use of the Services,including but not limited to the enforcement of any arbitration award. You further agree to waive any objection to such jurisdiction or venue.