YouthBerry, as operated by YouthBerry Pvt. Ltd., (hereafter “YouthBerry”) is committed to safeguarding your privacy online. Please read the following policy to understand how your personal information will be treated as you make full use of our website, mobile application, and services.

This policy will let you know:

·       How and when you are consenting to this privacy policy;

·       YouthBerry’s position on the use of its site by minors and the collection of personal information from minors;

·       What personally identifiable information YouthBerry collects from you;

·       What cookies are and how YouthBerry uses them;

·       How YouthBerry uses your information and with whom your information is shared;

·       YouthBerry’s policy regarding linked websites and embedded services;

·       What your choices are regarding collection, use, and distribution of your information;

·       What security precautions are in place to protect the loss, misuse, or alteration of your information;

·       How long your personal data is kept;

·       What we don’t do;

·       What else you should know about your privacy;

·       When this policy is effective and how and when changes may be made.

How and when do you consent to this Privacy Policy?

By submitting personal information to us (through the use of this website, mobile application, registering an account, and/or signing up for more information) you agree that YouthBerry may collect, use and disclose such personal information in accordance with this Privacy Policy and as permitted or required by law. If you do not agree with these terms, please do not provide any personal information to us. If you refuse or withdraw your consent, or if you choose not to provide us with any required personal information, we may not be able to provide you with the services of this mobile application and/or advertisements and services that can be offered on our site only if we have access to certain personal information.

Minors

Minors (as defined under the laws of THEIR jurisdiction or residence) are not eligible to use the YouhtBerrt website or mobile application in any way without the express written permission of their parent or guardian. While we do encourage a healthy interest in medicine in youngsters, this website and mobile application were not designed for use by minors without supervision and we do not knowingly collect personal information from any minor without parental consent, and we will not use this information if we discover that it has been provided by a minor.

What personally identifiable information does YouthBerry collect from you?

YouthBerry collects information in several ways. Some personal information is gathered when you register for the YouthBerry program. When submitting your request for a membership, YouthBerry asks for your basic biographical information, such as name, email address, phone number, and date of birth. Some of the information is necessary to contact you regarding your account and is provided voluntarily in order to take advantage of our services. Some of the information is used to improve our services and offer targeted advertisements.

YouthBerry may also collect personal medical information from the member and the member’s five (5) designated family members. This information may include, but is not limited to, name, date of birth, medical screening results, blood test results, and medical history.

In addition, we may ask for additional personal information at other times, including, but not limited to, when you inquire about, or sign up for, additional services or participate in promotions or contests. If you contact YouthBerry, we may keep a record of that correspondence. Whenever YouthBerry collects personal information we make an effort to include a link to the Privacy Policy on that Page.

When we advertise on third party sites.

When you visit a site on which we advertise and click through our advertisement, we may employ the use of cookies pixel tags. The information that we collect through this technology is not personally identifiable.

When you call or write to our Customer Service.

When you call or write to our Customer Service, we collect contact information, such as name, phone number, mailing address or e-mail address.

What are cookies and how does YouthBerry use them?

YouthBerry may use cookies to store and sometimes track information about you. A “cookie” is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Generally, we use cookies to:

Estimate our audience size and monitor our services - Each browser accessing the YouthBerry website may be given a unique cookie which is then used to determine the extent of repeat usage and to help target advertisements based on user interests and behavior.

Save user login information – Each user may have the option to stay logged in to their account, which is an option made possible through the use of cookies.

YouthBerry also collects IP addresses for system administration and to report aggregate information to our partners or service providers.

Before YouthBerry uses cookies through its website, you will be presented with a brief explanation regarding cookies and a request for your consent. You will be presented with the following notice:

Welcome to YouthBerry. We would like to place performance cookies on your computer to improve our website service. To find out more about how we use cookies, please see our cookies statement [link to this privacy policy].

You will then be given the option to consent to cookies form YouthBerry’s website.

How does YouthBerry use your information and with whom is your information shared?

YouthBerry’s primary goal in collecting personal information is in providing you the best service possible through its website and mobile application. The majority of information that is collected about you is for the purpose of verifying contact information and delivering requested information and services.

YouthBerry may retain your contact information for as long as permitted by law and as long as is necessary to permit you to use our services without the requirement of resubmitting the same information.

Except as provided herein, YouthBerry shall not sell, rent, trade or otherwise transfer any personal and/or traffic data or communications content to any third party without your explicit permission, unless it is obliged to do so under applicable laws or by order of the competent authorities. Your use of the YouthBerry service is your consent to share your personal and medical information with designated health care providers. Your personal information will not be transferred outside the Federal Republic of Nigeria without first providing you with notice and an opportunity to object.

Your information may be used to effect a corporate transaction, in connection with the sale, merger, spin-off or other corporate reorganization of our corporation, where the information is provided to the new controlling entity in regular course of business. In the event of such an occurrence, every effort will be made by YouthBerry to inform you of the transfer of your personal information.

Your information may be disclosed as is required by our insurers and by regulatory agencies or to employees, contractors, consultants, and agents of YouthBerry to perform necessary actions in the normal course of business. No more information than is required in these circumstances will be provided.

What about linked websites and embedded services?

YouthBerry may contain links that will let you leave YouthBerry website or mobile application and access another website. Similarly, portions of this site may employ the use of embedded services from third-parties, such as for the processing of credit card transactions and video delivery. These “linked websites” are not under the control of YouthBerry and it is possible that these websites have a different privacy policy. This policy applies solely to personal information that is acquired on this website (www.youthberry.com). YouthBerry accepts no responsibility or liability for your use or disclosure of personal information to linked websites.

What are your choices regarding collection, use, and distribution of your information?

The disclosure of personal information is required to create an account on our website and mobile application, which is required to access certain information and services. If you do not wish to disclose the requisite information you are free to discontinue use of the YouthBerry website, mobile application, and services.

You also have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies the YouthBerry website may not be displayed or function in the way intended by YouthBerry.

What is YouthBerry’s policy on allowing you to update, correct, or delete your personally identifiable information?

If you wish to update, correct, or delete any of the information about you stored by YouthBerry, send an inquiry to legal@youthberry.com. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections.

What security precautions are in place to protect the loss, misuse, or alteration of your information?

YouthBerry shall take the appropriate organizational and technical measures to protect the personal information and IP data provided to it or collected by it necessary to comply fully with any and all applicable laws, obligations, and regulations.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, YouthBerry cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.

How long is your personal information stored?

YouhtBerry will retain your personal information and IP information as long as is permitted by applicable laws and regulations.

What we do NOT do.

We do not and will not, at any time, request your credit card information, login name, or password, in an unsecure or unsolicited e-mail or telephone communication. Additionally we will not request any confidential or personal information through a social networking site such as Twitter™, MySpace™, or Facebook™.

What else should you know about your privacy?

If you choose to use the YouthBerry’s website or mobile application you should be aware that any information transmitted electronically via the World Wide Web might not be secure. YouthBerry assumes no liability for the loss of any information that you transmit to us via the World Wide Web.

We may release personal information when we believe in good faith that release is necessary to comply with a law; to enforce or apply our Terms of Use and other policies; or to protect the rights, property, or safety of YouthBerry, our employees, our users, or others

In communicating with you, we may send e-mail as unencrypted plain text because we are aware that most customers cannot easily process encrypted e-mail. This is done for your convenience, but with the security concern that, if misrouted or intercepted, it could be read more easily than encrypted e-mail.

Effective date of this policy and future modification

This privacy policy is effective as of 7^th of July 2014 YouthBerry reserves the right to make changes, deletions, modifications, or provide supplements to this policy from time to time. Changes will apply to the information collected after the date of changes as well as to existing information held by us and will take effect immediately upon publication, unless otherwise stated in writing by YouthBerry. You agree that the express acceptance by you, or your continued use of the YouthBerry website or mobile application after publication of changes, shall constitute your acceptance of the privacy policy.

Terms of Use and End User License Agreement

Welcome to YouthBerry, an innovative approach to bring together accessible healthcare, best in class medical expertise, today’s IT solutions and world class medical imaging technology to protect our members from lifestyle diseases. Your access to and use of this site (http://www.youthberry.com) and mobile application(s) is subject to the following terms and conditions of use and end user license agreement (“Agreement”) and all applicable laws. Please read these terms carefully as they constitute a legally binding contract. This Agreement applies exclusively to your access to, and use of, this website, mobile application, and associated services and does not alter in any way the terms or conditions of any other agreements you may have with YouthBerry, operated by YouthBerry Pvt. Ltd., (hereafter “YouthBerry”). This Agreement may be changed by YouthBerry at any time in its sole discretion by posting the changes made to this Agreement, as revised, on this website and mobile application. The posted change will take effect within thirty (30) days of publication of changes, unless you expressly accept the revised Agreement earlier. You agree that the express acceptance by you, or your continued use of the YouthBerry website or mobile application after the posted changes, shall constitute your acceptance of this Agreement. Notwithstanding the foregoing, changes to these terms will not affect the cost of your service plan, if any, during an active term.

1. Use of the YouthBerry Service

1.1 If you do not agree to this Agreement, our Privacy Policy, or any other policy governing your access to or use of this website or mobile application you should immediately terminate your access to or use of the site. If you have any questions regarding these terms or your access to or use of this website, please contact legal@youthberry.com.

1.2 Subject to your compliance with these terms, and your payment of any applicable service fees, we grant you a limited, nonexclusive, non-transferable, revocable right to use the YouthBerry service (the “Service”). You agree not to use the Service in any way contrary to these terms or the United Nations Commission on International Trade Law’s Model Laws. You hereby expressly agree not to repost or repurpose content from the Service for commercial purposes or to assist in the circumvention of payments by other users or potential users of the Service. YouthBerry reserves the right to restrict access to the Service, and/or terminate existing access, based on geographic location and/or violations of the provisions herein.

1.3 The Service is a program to bring together accessible healthcare, best in class medical expertise, today’s IT solutions, first of its kind emergency medical services, and world class medical imaging technology to protect our members from lifestyle diseases. The Service is offered to the residents of the city of Lagos, Nigeria.

2. License Grant

This Agreement entitles you to install and use one copy of the mobile application. This Agreement does not permit the installation or use of multiple copies of the mobile application, or the installation of the mobile application on more than one device at any given time, on a system that allows shared use of applications, on a multi-user network, or on any configuration or system of computers that has multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the mobile application.

3. Restrictions

3.1 Restrictions on Use. You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the website or mobile application. You may not use any portion of the website or mobile application(s) (hereinafter collectively the “Software Product”) in connection with any software other than the Software Product.

3.2 Restrictions on Alteration. You may not modify the Software Product or create any derivative work of the website or mobile application or its accompanying documentation. Derivative works include, but are not limited to, translations. You may not alter any files or libraries in any portion of the website or mobile application. You may not reproduce the database portion or create any tables or reports relating to the database portion.

3.3 Restrictions on Copying. You may not copy any part of the website or mobile application except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium.

4. Linking to our Web Site

You are granted a limited, non-exclusive license to link to this website and mobile application. This license may be revoked by YouthBerry at any time without notice or cause. Notwithstanding the foregoing, in no way will this license extend to the ability to “embed” video files on sites not controlled by YouthBerry without express written permission.

5. Prohibited Access

You agree not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the YouthBerry website and mobile application -- unless expressly permitted by YouthBerry.

6. Privacy

We respect the privacy of our visitors and encourage you to read our Privacy Policy so that you may make an informed decision about using our website.

USE BY MINORS

Children under the age of eighteen (18) years old are not eligible to use YouthBerry website or mobile application without the consent and supervision of a parent or guardian. We request that minors not submit any personal information to us in an attempt to register, or use the site in any way without the permission and guidance of their parents or guardians as required by laws of the United Nations Commission on International Trade Law’s Model Laws. If you attempt to access our site or register without the requisite permission YouthBerry reserves the right to terminate all future access.

7. Copyright

Unless otherwise indicated, all website and mobile application materials, including, without limitation, text, the YouthBerry name and logo, and all designs, text graphics, images, videos, and other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of YouthBerry or its licensors. You may electronically copy and print to hard copy portions of this website or mobile application for the sole purpose of using materials it contains for informational and non-commercial use. Reproduction for purposes other than described above, modification, distribution, republication, display or performance – without the prior written permission of YouthBerry – is strictly prohibited.

8. Trademarks and Infringement

YouthBerry, YouthBerry Pvt. Ltd., YouthBerry, www.youthberry.com, the YouthBerry logo, and any proprietary product or service names contained on this website are either trademarks or registered trademarks of YouthBerry or its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of YouthBerry. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of YouthBerry, and may not be copied, imitated or used, in whole or in part, without the prior written permission of YouthBerry. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

If you believe that any material on this website or mobile application infringes upon any copyright or trademark that you own or control, or that any link on this website directs users to another website that contains material that infringes upon any intellectual property which you own or control, you may file a notification of such infringement with our legal counsel:

Wolk & Levine, LLP

550 N. Brand Blvd., Ste. 625

Glendale, CA 91203

Attn: Sarah R. Wolk, Esq.

srw@wolklevine.com

Please provide the following with your notice:

1. a) Identify the material on the site that you claim is infringing, with enough detail so that we may locate it on the website;

1. b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

1. c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

1. d) Your address, telephone number, and email address; and

1. e) Your physical or electronic signature.

YouthBerry will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA) and the World Intellectual Property Organization Copyright Treaty.

9. Disclaimer

THIS WEBSITE AND MOBILE APPLICATION AND THE MATERIALS ON THIS WEBSITE AND MOBILE APPLICATION ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YouthBerry DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YouthBerry DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT YouthBerry OR SERVICES PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. YouthBerry DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YouthBerry MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT. THE YouthBerry WE CARE SERVICE, OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY YouthBerry, IS NOT A SUBSTITUTE FOR MEDICAL CARE OR ADVICE. THE SERVICES PROVIDED ARE MEANT TO SUPPLEMENT, NOT REPLACE, EXISTING OR RECOMMENDED MEDICAL CARE AND TREATMENT.

YouthBerry reserves the right to change any and all content contained on this website and mobile application at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by YouthBerry.

10. Limitation of Liability

IN NO EVENT SHALL YouthBerry OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR MOBILE APPLICATION OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE OR MOBILE APPLICATION, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM YouthBerry, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OF ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YouthBerry’s RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF YouthBerry (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE YouthBerry WEBSITE OR MOBILE APPLICATION EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO YouthBerry FOR ACCESS TO OR USE OF THIS WEBSITE OR MOBILE APPLICATION OR OTHER SERVICES.

11. Severability and Non-Waiver

If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of YouthBerry to insist upon or enforce strict performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of YouthBerry’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect.

12. Force Majeure

YouthBerry will not be liable for any delay in Service resulting from any cause beyond its reasonable control or caused by acts of God, acts of civil or military authorities, priorities, strikes, fires, earthquakes, floods or other disasters, epidemics, governmental rules or regulations, war, riot, delays in transportation or shortages, power failures, or server downtime.

No “up time” guarantee is made with any agreement for Services.

13. Merger

This Agreement constitutes the entire Agreement between the user and YouthBerry concerning the use of this website and mobile application, and cancels and supersedes any prior understandings and agreements between the parties hereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, expressed, implied or statutory, between the parties other than as expressly set forth in this Agreement.

14. Dispute Resolution

14.1 Scope. Any and all controversies, claims or disputes arising out of or related to this Agreement or the interpretation, performance or breach thereof, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties, and the determination of the scope or applicability of this agreement to arbitrate, except as set below, shall be resolved according to the following procedures, which shall constitute the sole dispute resolution mechanism hereunder:

14.2 Choice of Forum. In the event that the Parties are unable to resolve any dispute informally, then such dispute shall be submitted to final, confidential, and binding arbitration. The arbitration shall be conducted in Santa Clara County, California before a single neutral arbitrator

14.3 Applicable Law. The arbitrator shall follow California law in adjudicating the dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Unless the Parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of the Santa Clara County Superior Court. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in California. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered.

14.4 Miscellaneous. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of this Agreement), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in California.

15. International Considerations

The parties hereto acknowledge and agree that this Agreement is an international agreement. As such, and pursuant to the United Nations Commission on International Trade Law’s Model Laws, both parties agree to the arbitration provisions outlined herein and waive any objections to forum, choice of law, or selection of arbitrators. Further, the parties acknowledge that a foreign arbitral award is enforceable in California pursuant to the California Code of Civil Procedure Title 9.3 Arbitration and Conciliation of International Commercial Disputes; regardless of such provisions, or in the event of any change in California or International law, the parties agree to adhere to the dispute resolution provisions stated in this Agreement and agree that the resolution of such dispute may be enforced in the country of organization of each party.

16. Termination

Notwithstanding any of this Agreement, YouthBerry reserves the right, without notice and in its sole discretion, to terminate your use of this website and/or mobile application and to block or prevent future access to and use of this website and/or mobile application.

QUESTIONS AND CONTACT INFORMATION

General questions or comments about the YouthBerry website and mobile application may be directed to legal@youthberry.com