Fitila Terms & Conditions

Last updated: August 2021

Welcome to FITILA!

Thank you for using our products and services (“Services”). The Services are provided by Mental Care Foundation (“MCF”), located at 14, Gbajumo Crescent, Surulere, Lagos. By using our Services, you agree to these terms. Please read them carefully.

USING OUR SERVICES

Don’t misuse or abuse our Services. Don’t interfere with our Services or try to access them in a way other than what we provide. You can use our Services only as permitted by law. We may suspend, ban, or stop providing our Services to you if you do not follow our policies or terms of service or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you may access. You may not use content from our Services unless you have obtained permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos from our Services without written consent from FITILA. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services may display some content that does not belong to FITILA. This content is the sole responsibility of the individual who makes it available. We may review content to determine whether it is illegal or violates any of our policies, and we will remove or refuse to display content that we believe violates our policies or the law. We do not necessarily review all content, do not assume that we do.

In connection with your use of our Services, we may send you announcements, administrative messages, and other information. You may opt out of some of these communications. Some of our Services are available on mobile devices. Do not use our Services in a way that distracts you and prevents or diminishes your ability to obey traffic and safety laws.

YOUR FITILA ACCOUNT

You need a FITILA account in order to use our Services. You may create your own FITILA member and listener account. You may hold only one member and one listener account. To protect your FITILA account, keep your password confidential. You are responsible for any activity that happens on or through your FITILA account. If you discover any unauthorized use of your password or FITILA account, contact support@mentalcare.life.

LISTENING SERVICES

You acknowledge and agree that Listeners are neither employees nor agents nor representatives of FITILA, and FITILA assumes no responsibility for any act or omission of any such Listener.

You understand and agree that, although a mental or medical health professional, physician, attorney or other professional Listener may have been accessed through FITILA, FITILA cannot predict or assess the competence of, or appropriateness for your needs, of the professional or other Listener. You also acknowledge and agree that you take full responsibility for the decision to access a Listener through the Site and to continue to interact with the Listener, and that the role of FITILA is strictly limited to providing access to such Listeners and for your consideration.

Your relationship relating to the Listening Services is strictly with the Listener. We are not involved in any way with the actual substance of that relationship or any part of the Listening or Service (whether provided through the Platform or not).

FITILA DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR ADVICE PROVIDED BY LISTENERS AND FITILA WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.

IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

FITILA makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Listening Platform or the Sites, (b) the willingness or ability of the Listener or to listen, (c) the willingness or ability of any Listener or to give advice, (d) whether the Member shall find a Listener or listening useful or satisfactory, (e) whether the Member shall find a Listener or ’s advice relevant, useful, accurate or satisfactory, (f) whether the listening of the Listener will be helpful, (g) whether the advice of the Listener will be responsive or relevant to the Member’s question (h) whether the Listener’s advice will otherwise be suitable to the Member’s needs.

FITILA does not verify the skills, degrees, qualifications, credentials or background of any Listeners. While we may try to do so from time to time, in our sole discretion, you acknowledge that we do not represent to verify, and do not guarantee the verification of, the skills, degrees, qualifications, licensure, certification, credentials, competence.

OUR WARRANTIES AND DISCLAIMERS

We provide our Services using a reasonable level of care and skill and we hope that you enjoy using them. There are certain things that we do not promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER FITILA NOR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, OR AGENTS MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE OUR SERVICES “AS IS.” WE EXCLUDE ALL WARRANTIES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FITILA AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, AND AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE SO CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, FITILA AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, AND AGENTS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORSEEABLE.

BUSINESS USES OF OUR SERVICES

If you are using our Services on behalf of a business or organization, that business or organization accepts these terms. It will hold harmless and indemnify FITILA and its affiliates, officers, directors, shareholders, employees, sub-contractors, representatives, and agents from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs, and attorneys’ fees.

ABOUT SOFTWARE IN OUR SERVICES

Our Services may include downloadable software, which may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. Modifying and Terminating Our Services We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time. FITILA may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to your data is important. Upon request, we will delete your account, your forum posts, or both.

Some of our Services allow you to upload, submit, store, send or receive content. FITILA shall retain all ownership rights in and to all content displayed on the Sites, including copies of data transferred or received by Member through the Sites. This section shall survive expiration or termination of this Agreement.

You can find out more about how FITILA uses and stores your content in the Privacy Policy. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

ABOUT THESE TERMS

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should immediately discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between FITILA and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, that doesn’t mean that we will give up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of Nigeria will apply to any disputes arising out of or relating to these terms or the Services.

For more information about how to contact FITILA, please see our footer.