TERMS OF USE FOR DATA RECIPIENTS 

1. INTRODUCTION 

The following Terms of Use apply to MO Data Recipients. Use of the GS1 Numbers constitutes agreement by the Licensee to these terms and conditions. Failure to observe and abide by these terms and conditions may lead to termination of the License. 

Access to the Solutions are subject to GS1 Nigeria Terms of Use. No access shall be granted to the Solutions to any Data Recipient without proper consent in accordance to the provisions of this Terms of Use. 

1. RESTRICTION ON THE USE OF THE DATA 

This Terms of Use provide that a Data Recipient: 

1. shall not present, publish or use the Data in a manner that is false or misleading, infringes the rights of third parties (including the Data Provider’s rights) and/or violates any applicable laws and regulations;  

1. shall not modify the content of the Data in publishing or disseminating such Data (unless it has express written authorisation of the Data Provider to do so); 

1. shall not publish or use the Data in a manner that implies any endorsement by the Data Provider (unless it has express written authorisation of the Data Provider to do so);  

1. shall only use the Data in accordance with the Permitted Use applicable to that Data Out Solution; and 

1. shall not decompile, reverse-engineer, alter, or in any way tamper (or attempt to do so) with all or part of GS1 Nigeria’s solution or any software or solution comprised therein or connected thereto, nor cause, permit or assist any other person directly or indirectly to do any of the above. 

1. PERMITTED USES OF DATA FROM THE DATA OUT SOLUTIONS  

GS1 Nigeria Terms of Use sets the following restrictions on use of the Data:  

1. Solution Offering via API:  

1. The Data Recipient may not use, sell, sublicense, distribute or otherwise make available the Data to third parties, unless such use is part of a Value-Added Product and complies with this Terms of Use.  

1. The Data Recipient shall ensure that any third party (including, but not limited to, solution providers, agents, subsidiaries, or sub-contractors) is also bound to comply with the restrictions on use set out in Sections 1 and 2. 

1. Data uploaded to the GS1 Registry Platform by GS1 Nigeria may be disclosed to Data Recipients by GS1 as part of a query to a Data Out Solution. 

1. GS1 Nigeria Terms of Use shall require Data Recipient to comply with the terms of section 3.3 and shall reserve the right to immediately remove Data Recipient’s API access if Data Recipient is suspected or found to be in breach of the terms of this section 2. 

1. Other Solution Offerings:  

1. The Data Recipient may use the Data solely within its business and for its own business processes, excluding any commercial use (i.e. any use where the Data is sold, leased, licensed or otherwise made available as a whole or in part, on its own or as part of another product/service). 

1. The Data Recipient shall not be allowed to share, release, submit or allow extraction of the Data by any party other than its own employees or agents. 

1. Notwithstanding the foregoing, GS1 Nigeria is authorised to commercialise GET ALL as an offering to their Licensees. 

1. SUSPENSION AND TERMINATION  

This Terms of Use shall ensure that: 

4.1 GS1 Nigeria may suspend Data Recipient’s access to and use of any Data originating from the Data Out Solutions with immediate effect if Data Recipient commits a material breach of any provision of GS1 Nigeria Terms of Use and until such breach is cured, or to prevent imminent damage to a third party. 

4.2 GS1 Nigeria may terminate with immediate effect Data Recipient’s access to and use of any Data originating from the Data Out Solutions if the breach remains uncured for a period of thirty (30) consecutive days. 

1. WARRANTIES 

GS1 Nigeria shall not make or give any representation or warranty on behalf of GS1 Global Office or any other Member Organisation in respect of or related to the Data Out Solutions or the Data or the actual verifications made by the Data Out Solutions. 

1. DISCLOSURE OF WARRANTIES 

This Terms of Use shall include at minimum the following disclaimers: 

6.1 The Data is neither owned nor controlled by GS1 and therefore the Data is made available on an ‘as is’ and ‘as available’ basis. The verifications available from the Data Out Solutions are limited to certain automated logical checks but do not include physical or legal validations of the accuracy of the Data. 

6.2 Neither GS1 nor the Data Providers represent or warrant that the Data is accurate, complete and/or up-to-date. Use of the Data and the Data Out Solutions are at Data Recipient’s sole risk.  

6.3 Neither GS1 Nigeria, nor the other Member Organisations nor the GS1 Global Office represent or warrant that the Data Out Solutions will be secure or free from error or interruption. 

6.4 Neither GS1 Nigeria, nor the other Member Organisations, nor the GS1 Global Office represent or warrant that the Data Out Solutions and the Data are suitable for any regulatory purpose, including without limitation any regulatory reporting requirements in the healthcare sector. 

1. LIMITATION OF LIABILITY 

Neither GS1 Nigeria, the Global Office nor any other Member Organisation as well as the Data Providers shall be liable to a third party for any harm, effects or damages whatsoever, including but not limited to actual, direct, consequential, indirect, incidental or punitive damages, even if advised of the possibility of such damages, arising from the use of the Data Out Solutions or the Data. 

1. INDEMNITY 

Data Recipient shall fully indemnify, hold harmless and defend GS1 Nigeria, GS1 Global Office, as well as any GS1 Member Organisation against all claims, actions, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses, (including reasonable attorneys’ fees and costs), brought by any third party which arise out of, relate to or result from any use by Data Recipient of the Data or the Data Out Solutions in breach of the MO Terms of Use or its applicable laws or regulations.