A SEGMENT IN THESE TERMS AND CONDITIONS OF USE INCORPORATES A PROVISION FOR BINDING ARBITRATION AND CLASS ACTION WAIVER, AND IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED THEREIN.PLEASE TAKE YOUR TIME TO READ THE CONTENTS HEREIN.
ACCEPTANCE OF THESE TERMS
This Agreement to Terms and Conditions of Use ("Terms"), includes an agreement to BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN governs your access to and use of the Platform made available by UbuyNG. ("Ubuy," "we," "our," "us," or in some cases "its") or through UbuyNG and the entirety of your association with UbuyNG. You are advised to read to take your time to read and understand the terms before making use of or accessing the Platform. Accessing or using this Platform indicates your agreement to be bound by the provisions of these Terms. By proceeding to register as a Service Member on the Platform, you understand that UbuyNG shall or may use your information to conduct or obtain background checks from affiliated vendors. If you are not comfortable with and do not wish to agree to these Terms, then you may not use or proceed into the Platform. In an appropriate case where a reference may be made herein to "you" or "your," this shall mean the individual who by any means, partakes of or participates in the Platform. If you are making use of the Platform on behalf of an entity, you shall fully represent such entity, declaring the express warrant that you are authorized to bind such entity. By agreeing to the terms, the entity becomes bound by the provision of the Terms, and the entity henceforth will be referred to as "you" and "your."
Ubuy reserves the right to decide to amend these terms solely, and any other binding document integrated herein, at any time and without prior notification. We will notify you of the modifications, through a post made on the website, an email, an SMS, or when you have logged on to your account. The terms stated herein any modification will take effect thirty (30) days after you after the notification has been sent to you or was made as a post on the platform. You are bound by the constructs of these terms once the thirty days have elapsed. If you do not give consent to this agreement, you may not proceed or access this platform.
ADDITIONAL TERMS AND POLICIES
Platform – all websites (official website or any other website under UbuyNG's management), applications, software and all services provided by or through UbuyNG. Content – all functions, information, and material made available on or through the Platform through but not limited to texts, images, graphics, software, audio and video records, profile information, Pro Service requests, message threads, reviews, scheduling, and quotes. Collective Content – ALL content provided by UbuyNG and its Users on the Platform Member – an individual who has a verified account or one who requests for and receives quotations through Ubuy, this may include but is not limited to Service and Customer Members. Customer Member – a member who is registered on the Platform to access all parts of Pro Services made available on the Platform, including but not limited requesting for and receiving quotes, and conducting Pro Service payments on the Platform. Pro Services – all the services provided by Service Members or services received by Customer Members on or through the Platform. Service Member – an individual who is registered to offer Pro Services on the Platform; sending quotes, making offers or receiving payment for the provision of Pro Services. Ubuy Content – all Content made available on the Platform by UbuyNG or its affiliated third parties, excluding User Contents. User Content – all Content made available by Users on or through the Platform, using various means. This content excludes UbuyNG Content and Feedback.
USE OF THE PLATFORM
Use of the Platform is made available only to persons who are at least 18 years old. Accessing the Platform by any individual indicates declaration of eligibility by such individual. By registering, accessing or using the Platform as a Service Member, you agree that you and any other individual who is affiliated to you, and offers your services on the Platform, are certified experts in the fields for which you provide or offer a specific job. UbuyNG as an entity does not provide Pro Services. We only create a platform for Service Members to access persons who may be interested in receiving Pro Services which they provide. Also included in the clause is an ability to message and schedule appointments with Customer Members. By creating and managing a new Account on the Platform, Service Members understand and agree that using the platform does not guarantee that Users will engage them for Pro Services they provide. Also, by accessing and using the Platform as a Service Member, you agree and understand that you are a customer of UbuyNG, and not an UbuyNG employee, partner or an agent. Service members accept that Ubuy does not schedule works, set prices, or provide equipment for them. All Service Members operate freely on the Platform without any interruption from UbuyNG, unless otherwise stated herein. UbuyNG may, depending on the relevant laws, use certain personal information of Service Members to obtain information that may be publicly available, which may indicate if a Service Member has any criminal record. UbuyNG may, in its sole discretion, deactivate, suspend or limit a Service Member's account based on the contents of such information. All Service Members authorize UbuyNG to use their personal information to obtain such reports from relevant parties.
Unregistered users may have limited access to the Platform. To have full access to specific features integrated into the Platform, a user will need to register for a password-protected account by either logging in with a current Facebook account, or creating a standalone account on the Platform. Any account created is solely a responsibility of the User to whom it belongs. UbuyNG will not be held responsible for any loss or accept responsibility for any unauthorized activity in a User's account. Furthermore, a User may be held accountable for the losses UbuyNG or any other User may suffer due to unauthorized use of an account.
USE OF THE PLATFORM
The personal use of any part of the Collective Content available on the Platform by any member (Service Members and Customer Members), is subject to limited permission granted by UbuyNG. This limitation is to the extent that you may only use the Collective Content for reasons that pertain to your use of the Platform, any other use for which you may adapt it and which Ubuy and any applicable law may deem as a commercial use, will be termed a breach of the intellectual property rights of UbuyNG. If by any means available, you intend to make use of Collective Content, it MUST NOT be for a commercial purpose, and you must adhere to the proprietary indications and copyrights attached to it. All rights which UbuyNG may grant users of the Platform are explicitly stated herein, and no additional rights may be implied by users of the Platform either by misquoting or misinterpreting what is clearly stated in these Terms.
By abiding by the statutes of permissions granted by UbuyNG, a user may make User Content available on the Platform. In so doing, you grant UbuyNG a globally identified, royalty-free, irrevocable license to make use of such content or information contained within such User Content in ANY manner we deem fit, in order to promote, advertise, develop, grow or market the Platform and any Pro Service which it may support. In this accordance, while expressing our rights to use our sole discretion to considerably exploit User Contents made publicly available by the Users of the Platform, we DO NOT and will not make use of personal messages between users of the Platform to promote the Platform. The use of such content by Ubuy shall transcend beyond the existence of UbuyNG and the termination, deactivation, suspension or removal of the Account which may have been the owner of such User Content. The terms stated herein does not in anyway, by means of implication, misinterpretation or misunderstanding, indicate that UbuyNG claims ownership of User Content nor do we restrict your rights to make use of User Contents made available by you as you deem fit, while abiding by applicable laws. By making any User Content available on the Platform, you fully agree that such content by all applicable instances is yours, and on that note, you will take full responsibility for such User Content and any consequences that may arise from making such User Content publicly available. Furthermore, by claiming exclusive ownership of such content by making it available on or through the Platform, you, according to the clauses in these Terms, give consent and grant UbuyNG the rights to such User Content and use them as is applicable. You also acknowledge and agree that any User Content which you may have made available on or through the Platform, which UbuyNG may use parts of or as a whole will intrude on, misuse or infringe on the rights, copyrights, patent, trademark, moral rights or other exclusive rights of a third party, or may result in the violation of any public or private rights of any individual or group as stated in any applicable State or Federal law and associated intellectual property regulations.UbuyNG reserves the right to, in our sole discretion and without prior notice, to check, recapitulate, summarize, edit or remove, or inactivate access to your User Content from the Platform, if we believe it violates these Terms, applicable laws or the rights of other users of the Platform. You acknowledge and agree that notwithstanding the changes, it is still your sole responsibility to ensure that the result of the edited Content still represents your concerns and warranties which you may have granted by accepting these Terms.
For the sake of continuity of the Platform, the protection of UbuyNG and the users of the Platform, as a user you may not:
- Make use of another user's Account, adopt a false identity, qualification or falsely advertise, promote or present the Pro Services, which you may offer through the Platform;
- Spam your Content on the Platform, or post your Content in categories beyond its enclosure;
- Make use of any electronic technology, without limitations to robots, scrapers, spiders or any other automated system to extract information or for any other purpose without a prior written approval from UbuyNG; nevertheless, public search engines make use of approved electronic technologies to obtain materials from the Platform for the singular purpose of making the materials publicly available as searchable links, but they may not archive or cache such materials; the extent of these exceptions may be restricted or revoked through the sole discretion of UbuyNG;
- By any means copy any copyrighted User Content or Platform information, which may include but not limited to graphics, text, and pictures, for use on any other platform or site;
- Use any electronic technology to convey message requests in a robotic manner, which may indicate more requests than a human can reasonably transmit within a specified period while using a conventional browser;
- Act in a way that will jeopardize or inhibit the framework of the Platform or its affiliated third-party; hack or bypass the protocols used in protecting and restricting access to the Platform; use the Platform in a manner that breaches any UbuyNG, third-party, privacy or publicity rights; introduce and spread malware or viruses that may harm UbuyNG or users of the Platform;
- Bypass or evade Fees or bills owed, or as a Service Member evade your monetary commitment to UbuyNG;
- Obtain or extract any profile information from the Platform, or use the Platform's communication structure in a way that is not authorized by these Terms;
- Solicit for funds from, recruit or make contact with Service Members or Customer Member under the guise of an Ubuy representative or agent;
- Act contrary to or violate these Terms, key UbuyNG policies and all applicable laws, by using the Platform as otherwise stated, or submitting Content on or through the Platform that is meant to incite hatred, tribalism, religious crisis, illegal, explicit, libellous, intolerant, or hostile against or amongst the users of the Platform, the public or any other third party;
- Tender a quote for a Pro Service you do not provide, or lobby or promote a Pro Service that is considered as a competitor of the services provided by Ubuy that; offers services for provision of rental space, loans, directories (email, phone numbers, account profiles etc.); promotes any form of social or professional events; is a Content that encourage, endorse or offer shady services and schemes including but not limited to multilevel marketing, email lists, spam, games of chance, Ponzi schemes, online surveys, and other financial marketing schemes; is not based in Nigeria;
- Make available, a User Content that wrongly interferes with user experience on the Platform without limitations to; advertising a service that you do not offer, or a service that is not offered on the Platform; posting links that redirect users to mirrored websites or requesting users to download non-Ubuy mobile applications;
- Act in a manner that may manipulate or jeopardize the accuracy of rating system or the assessment structure of the Platform;
- Decline or fail to execute Pro Services after you may have concluded negotiations with a Customer Member, lest the Customer Member did not meet up with the terms of the agreement or both parties arrive at a new agreement to cancel out;
- Extort money through any means from the users of the Platform or initiate the use of payment methods prohibited by UbuyNG;
- Go into the process of negotiating the terms of an agreement for a Pro Service you do not intend to pay for or which you do not wish to adhere to the requirements stated by the Service Member;
- Partake in or initiate any form of activity that does not represent or which misinterprets the visions of UbuyNG and the Platform; and
- Intentionally engage in or attempt to assume any of those mentioned above.
UBUY FEES AND TAXES
Ubuy charges certain Fees, which are proportionate to the use of certain features on the Platform. These Fees includes UbuyNG's Credits, which may be used by Service Members for various purposes as will be displayed when purchases are being made for such credits. Fees for products or services that you may wish to purchase will be made available to you before you proceed to make use of such products or services. All payments made to Ubuy are non-refundable unless otherwise stated. Before an Account is reinstated after fully serving the terms of its suspension due to a violation of these Terms, we may choose to Charge penalty Fees, for the expenses incurred while battling the consequences of the breach. By proceeding into the Platform and creating an Account, you fully agree to pay these Fees, as at when due. Fees to be paid will be subject to the conditions currently enclosed in existing Terms, and which may mandate that you dutifully pay the Fees owed even if you close you deactivate your account. All payments will be billed to your credit card or some other payment methods which we may adopt in the future. As far as all applicable law may permit, Ubuy reserves the right to by all means obtain any overdue payment and costs incurred in the recovery of such payment, especially in a case where your credit card cannot be charged. You understand and agree that any remaining balance will not be refunded to you when or if you close your Account, on the same note, you agree that UbuyNG may charge or bill you for any unpaid Fees accrued in your formerly existing account. Also, you understand and agree that with regards to payments, UbuyNG may remind you or communicate the details to you by phone calls, SMS or email, and this communication may be initiated by Ubuy or any of its representatives, or third party billing agents. We are not financial advisers. Hence, we do not offer tax advice to our members; you take the sole responsibility of handling all your tax-related concerns as is expected, or by employing the services of actual tax advisers.
Ubuy maintains a position as a limited payment collection agent for Service Members, hence, by default, all Service members understand, agree and authorize us to accept payments from Customer Members on their behalf. All payments made to UbuyNG by Customer Members, as a fulfilment of their end of an agreement for a requested Pro Service will be considered by Service Members as payments made to them. Regardless of this understanding, UbuyNG does not in any way, and will not bear liabilities which may be consequent of mistakes which a Service Member may have made while delivering their part of an agreement. Furthermore, we, as Service Member's limited payment collection agent, are only obliged to a Service Member once we have received a complete payment from a Customer Member. All requests for annulment of agreements or payments and claims for refund of payments already made will be reviewed under Ubuy's sole discretion. All things being equal, and as bound by permissible laws, we will handle such requests within thirty (30) days of receiving a formally written copy of it. The preceding, in its limits and with concern to refunds precludes terminated, deactivated and fraudulent Accounts.
UbuyNG Credits does not in any way hold a monetary value after it has been purchased. They are credits solely designed for use on the Platform to seek access to unique features on the Platform, which may include but not limited to quote requests and receipts to and from prospective customers. The number of credits which may be used to access such services will be displayed while making the purchase, as variation in price may exist between specified services. Payments made for the purchase of UbuyNG Credits are non-reversible, as they hold no monetary value after purchase.
DISPUTES BETWEEN OR AMONG USERS
While reiterating that we do not assume liabilities that may arise from mistakes made by Service Members and Customer Members, we understand that situations may exist where a misunderstanding may come up between users of the Platform. We try our best to ensure that a peaceful atmosphere is maintained on the Platform. Hence, if a situation may arise where members involved in disagreement are unable to settle the issue at hand amicably, UbuyNG may upon request mediate between both parties, or appoint a neutral third party arbitrator to help resolve the dispute. Otherwise, we are not obliged to come between or settle disputes between users of the Platform.
INTELLECTUAL PROPERTY RIGHTS
All proprietary designations and titles which may be officially expressed by Ubuy on or through the Platform, or outside the Platform using third party hosts, mobile applications, public events or any other means which we may use to express these titles, are all registered trademarks of UbuyNG. This claim extends to all Ubuy Content, which may be proprietary expressions of Ubuy on or through the Platform, are protected by copyright, trademark, registered trademark, and other indemnifications provided by applicable laws of the Federal Republic of Nigeria, or other international conventions. Except otherwise stated in these Terms, UbuyNG owns all the rights to UbuyNG Content and other properties it makes available on the Platform.
In a case that you may send us any feedback, or declare your intentions to know about us or services which we provide; or you wish to make comments or suggestions about us or the services that we provide on the Platform, you agree that the feedback which by applicable laws you must have the rights to disclose does not integrate or trespass on the rights, trade secrets, confidence of any other individual or group.You also understand and agree; that by so doing that we bear no obligation to you by any means, with regards to the feedback you may have sent; that the contents of your feedback or something similar may have been under our consideration before you sent the feedback; that you expressly grant us a non-exclusive right to use the contents of the feedback as we may, for redistributing, publishing and sublicensing the feedback; and also the rights to take into action the process of waiving any implications of the feedback against UbuyNG or its users.
All UbuyNG Content is protected by the copyright law of the Federal Republic of Nigeria. To that end and by legal obligations, all users of the Platform are expected to have utter respect for the law. Any user or users who in our sole discretion, we believe is continuously violating the copyright law and the rights thereof of its recognized holders will have their Account(s) irrevocably terminated.
UbuyNG does not validate, recommend or endorse any Member, user or specified Pro services. While all users of the Platform and Ubuy are connected by the use of the Platform, unless otherwise stated in these Terms and any other applicable legal document or law, all users and UbuyNG maintain individuality, each on its own as an entity conducting business on the Platform. Hence, UbuyNG is not obliged or expected to bound to or to get involved in agreements between or among users, members, third parties, users and third parties making use of the Platform. The daily activities of any UbuyNG or any user is not subject to the control of UbuyNG or any user of the Platform, as each user or Ubuy is solely responsible for the agreements which they may go into with other users or third parties, and may not assume the responsibilities of the other or intentionally misrepresent themselves to pose as another. Links may exist on the Platform which may lead to third-party websites or offers and events not being hosted or controlled by UbuyNG. Your use of such links is strictly of your own decision and at your own risk, as UbuyNG does not endorse such links, hence, we will not be held responsible for whatever that may arise from the use of such links. Members are bound by applicable laws to provide accurate information while creating their Account or profile, UbuyNG may still carry out additional checks to confirm the identities and backgrounds of registered users. These checks do not in any manner imply that UbuyNG will speak for or endorse the character, efficiency, accountability, or reliability of any user, regardless of the connection Ubuy or any of its personnel may have with the user or services provided. Any title which may be accorded a user on the Platform is only symbolic to the extent with which they have excelled in certain standards of the Platform. Such titles, descriptions or designations are not in any regarded as endorsements or certifications from UbuyNG; rather they are individual accomplishments of the user. Such descriptions may serve as an indicator of the credibility of such users and the services they may provide, which you are free to evaluate and come to your conclusions. You are advised to tread with caution while attempting to go into an agreement with any other user, as UbuyNG will not be held responsible for any consequences that may arise from your exchanges with other users. By accessing and making use of the Platform, you understand and agree that you may not in the process of taking any legal action against a user or third parties for their mistakes or disagreement, impose on or take legal action against Ubuy for such mistakes or disagreement.
SANCTIONS FOR VIOLATIONS OF THESE TERMS
In addition to rights which Ubuy expressively or by implication reserves, we may take permissible actions to penalize violations or your breach of agreements which you have reached with us, without limitations to forfeiture of expected funds or services which you have made payment for, demotion, account termination, limiting the access to your Account, removing your User Content, quotes or postings, investigating you, or cooperating with relevant law enforcement agencies such as EFCC to investigate or persecute you.
ACCOUNT SUSPENSION OR TERMINATION
We may at any point in time, and with conditions set through our sole discretion, fully or partly block, suspend, limit or deactivate your UbuyNG Account. In such a situation we may disable your password to block access to the Platform; or we may inform other users that your account have been terminated, blocked or suspended, and why we may have done so; you will not have any form of entitlement or incentives for the Services which have been delayed as a result of your account termination.Meanwhile, if for any reason you are dissatisfied with our service, for which you may think that nothing we may do to resolve your concerns will be to your satisfaction, or if for any other reason you may not wish to continue as a participant of the Platform; you may terminate your account through the following process: Click on Settings ---> Account ---> Deactivate Account By deactivating you're Account, none of your pending funds will be reverted to you, neither will we be obliged to remove or return your User Content which you have posted on the Platform.
BINDING ARBITRATION AND CLASS ACTION WAIVER PLEASE ENSURE THAT YOU READ THIS SEGMENT CAREFULLY, AS IT ENCLOSES YOUR LEGAL RIGHTS.
All matter of concerns between you and UbuyNG shall be bound within the limits of the laws instituted by the Federal Republic of Nigeria. You understand and agree that any claims or dispute you may have against UbuyNG that may not be resolved by arbitration must be settled by a court located in Abuja, Lagos or Port Harcourt unless we agree to do otherwise. You as a result of this withdraw all your rights to all jurisdictional or venue defences that may be able.
By accessing and making use of the platform or any feature integrated therein, you understand and agree that you continue at your own risk and that UbuyNG is not obliged to you by any means, but for any reason, we reserve the right to:
- Supervise, review or monitor user account and content
- Follow the due process by permissible laws and reasons to verify the identity of certain members of the Platform, conduct any and all forms of background checks as we may deem fit.
LIMITATION OF LIABILITY
You understand and agree that as described by the full extent and reach of law, all consequences arising from all your activities that are in any way related to your use of the Platform, its integral parts and features, or your interaction or contact, offline or online, with any member, users and third parties on or through the Platform, is solely your liability.UbuyNG and all its associates involved in developing, maintaining and projecting the Platform will not be held responsible by any means for:
- The loss of data, goodwill, profits or any other incidental or special damages;
- Disruption in the fluidity of service provision;
- An increment in the cost of services or products that may be provided on the Platform;
- Personal or emotional distress that may arise in connection with these Terms;
- Inability of a member, users or third party to make use of or access the Platform or its integral features
- The consequence of your interaction, by any means, with other members, users and third parties on or through the use of the Platform; and or
- Exchange of services on or through the Platform.
INDEMNIFICATION AND RELEASE
You acknowledge and agree to indemnify, release and hold UbuyNG and any of its officially recognized associates from any harm posed by any and all legal and special actions that may be detrimental to the purpose and existence of UbuyNG, including but not limited to legal and accounting fees, which may arise from:
- Your participation on the Platform;
- Your violation of these Terms;
- Any content you make available on or through the Platform;
- Your communication or interaction with any member, user or third parties, whether in person or online; and
- Your exchange of services or any special damage that may arise in the process.