Techbarn Limited, trading under the name and style “Workwise Africa” (“We”, “Us”, “Our”) is a company registered under the laws of the Federal Republic of Nigeria.
These Terms and Conditions (“Agreement”) constitutes the legal terms between Users and Subscribers to our Services (“You”, “Your”) and Us, when You access our Services (as defined below).
By accepting this Agreement or by accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
If you are using our Services on behalf of a company or organisation, you agree to the Agreement on behalf of that organisation, and represent you have authority to bind that organisation to the terms contained herein. If you do not have such authority, or if You do not agree to all of the terms of this Agreement, you must not accept this Agreement and must not use the Services.
Services means Our website, mobile application as well as related website and technologies, and any software, materials or content (“Site”) through which we provide Our visitor and office management system to make work easier, more productive and effective. This includes any new features added to or augmenting the Services which are also subject to this Agreement.
You are a “Subscriber” if you hold a valid subscription to our Services; and You are a “User” if you are an employee, partner, associate, representative, consultant, contractor, visitor, guest or agent of a Subscriber and you have been provided with a user identiﬁcation and password (“Account Information”) by a Subscriber (or by Us at a Subscriber’s request) or You have been granted access to our Services initiated by a Subscriber or User.
Subject to the terms and conditions of this Agreement, We shall make our Services available to Users and Subscribers during the term of Subscriber’s subscription to our Services (the “Subscription Period”).
Users shall access our Services via a device that meets the minimum technical requirements necessary to run the Services. A Subscriber must ensure its Users comply with the terms of this Agreement, and Subscriber shall be responsible and liable for any User’s non-compliance with this Agreement.
This Agreement refer to the following additional term, which also apply to your use of our Services:
We may update and change our Site from time to time to reflect changes to our Services, our Subscribers and Users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
You must keep your Account Information safe, confidential and not disclose to a third party.
We have the right to disable Your Account Information, if in our reasonable opinion You have failed to comply with any of the provisions of this Agreement.
If You know or suspect that anyone other than You knows your Account Information, and is likely to use same against Your interest, You must promptly notify us at firstname.lastname@example.org
As a Subscriber or User, any data, information or materials You provide to the Site (“Site Content”) or otherwise provide to Us (“Subscriber Information”) must be accurate, correct, and up to date.
You shall not provide any Subscriber Data or Site Content that is infringing, fraudulent, illegal, libellous, defamatory, threatening obscene, abusive, deceptive, discriminatory, threatening, an invasion of privacy or violates the right of any third party.
As a Subscriber, You shall be solely responsible for, and assume the risk of, any problems resulting from Subscriber Information or Site Content submitted by any User under Your account.
By submitting/uploading Site Content and Subscriber Information to our Site or to Us, you grant Us a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable, transferable right and license to host, use, copy, transmit, access, read, store, display, publish, reproduce, modify, create derivative works from, incorporate into other works, distribute, and otherwise exploit, publicly display same to work better with the Services.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by Users of the Site. We generally do not pre-screen, monitor, or edit the content posted by Users.
We have the right to terminate your access to our Services if you are found to be in breach of this Agreement and we shall have no obligation to provide a refund of any amounts previously paid to Us.
You warrant that:
Although We make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
The Application is provided “as is”. We hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that the Application will be error-free or that access thereto will be continuous or uninterrupted.
We do not guarantee the availability or uptime of the Site neither do We guarantee uninterrupted, accurate and faultless provision of the Services.
We do not guarantee that Our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access Our Site. You should use your own virus protection software.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
In particular, we will not be liable for:
You are solely responsible for securing and backing up Your Subscriber Information used on the Site as We shall not be responsible for any loss of data or information.
The Agreement does not transfer the intellectual property rights in the Application, or the Site to You or any third party. All right, title and interest in and to all such property remains solely with Us. All trademarks, service marks, graphics and logos used in connection with the Application are trademarks of Techbarn Limited. Your use of the Application grants you no right or license to reproduce or otherwise use any of our trademarks.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to Our Site in any website that is not owned by you.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on Our Site other than that set out above, please contact email@example.com.
A Subscriber may immediately terminate this Agreement at any time, for any reason, by providing thirty (30) days’ prior written notice of its intent to terminate this Agreement, however in such event, the Subscriber shall not receive any refund of fees already paid for the then-current Subscription Term, unless such termination by
Subscriber is due to Our material breach of this Agreement and in the case of a breach capable of remedy, We fail to remedy the same within thirty (30) days of a request to do so. In such event, Subscriber shall be entitled to a pro-rata refund of fees already paid.
Upon termination or expiration of this Agreement: (a) all outstanding fees (if any) shall be immediately due and payable; (b) The Subscriber shall cease and shall cause all Users to cease accessing or using the Site in any form or manner; and (c) Subscriber’s and Users’ access to the Platform will be automatically terminated, all Account Information shall be deleted and all Subscriber Information may be destroyed. In no event will termination relieve Subscriber of the obligation to pay any fees payable to Us for the period prior to the effective date of termination.
All provisions of the Agreement which by their nature should survive its termination shall survive termination, including, without limitation, intellectual property, confidentiality, disclaimer of warranties and limitations of liability.
Any remedy set forth in this Agreement is in addition to any other remedy afforded to Us under applicable Law or otherwise. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect.
This Agreement, including links to other terms referred to in it, constitutes Our entire terms and understanding with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
Any dispute or claim arising out of or relating to any provision of this Agreement or breach thereof which cannot be settled amicably between the Parties shall be submitted to the Lagos State Multi-door Court House for Mediation.
A dispute is deemed as declared, when a Party delivers a written notice to that effect to the other Party. The Mediator shall be selected by the Parties. The venue of Mediation shall be in Lagos State, Nigeria. The proceedings shall be in English Language. Both Parties in any such Mediation shall be responsible for the payment of the Mediation fees in equal share.
Pending the submission of the dispute to the Lagos State Multi-door Court House and thereafter until the decision of the Mediator, the Parties shall continue to perform all of their obligations under this Agreement and shall benefit from all their rights without prejudice to the final decision.
This Agreement shall be governed by and construed in accordance with the laws of The Federal Republic of Nigeria.
The parties irrevocably agree that the courts of the Federal Republic of Nigeria shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this document or its subject matter or formation.
Every time you wish to use our Services, please check this Agreement to ensure you understand the terms that apply at that time.
Your continued use of or access to the Application or our Site following such notice, or such a posting of a notice constitutes acceptance of those changes.
If you disagree with or do not accept any such changes, your sole option is to terminate your use of the Application. If you do so, we will cancel your Account.
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