BY USING AND/OR ACCESSING OUR PLATFORMS OR SERVICES, YOU AGREE TO BE BOUND BY OUR TERMS.
1. ABOUT OUR TERMS AND CONDITIONS
The general use of our Services, Platforms and any content on our Platforms is governed by our Terms. "Content" refers to any information, data, files, text, software, music, sound, photographs, graphics, images, video, messages, comments, hyperlinks or tags and other material appearing on our Platforms or Services and all applicable copyrights, trademarks, patents, logos or other intellectual property rights displayed on our Platforms or Services.
We may amend the Terms from time to time. Any new version of the Terms will be published on our Platforms and will become effective from the date that we first published it. It is your obligation to visit our Platforms on a regular basis in order to determine whether any amendments have been made. By continuing to use our Platforms and/or Services after we published changes to the Terms, you agree to be bound by the changed Terms.
Some of our Platforms and/or Services may contain additional rules or terms from time to time, which may be relevant to specific Services you use or subscribe to. By using those Services, you agree to be bound by such additional rules and/or terms.
2. CONTENT ON OUR PLATFORMS OR SERVICES AND INTELLECTUAL PROPERTY RIGHTS
Being a content aggregator in line with original content owner’s operational terms and policies, we only maintain ownership of content published by us. Every other content from third parties are copyrighted to concerned parties. We neither edit nor modify third-party content as doing such contravenes some of their terms.
- Your Content
You will retain ownership of any original Content which you may upload, transmit or store when using our Platforms or Services.
HavyPage will own all compilations, collective works or derivative works created by us which may incorporate your Content.
You grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use, publicly display, publish, publicly perform, reproduce, distribute, broadcast, adapt, modify and promote on any medium, your Content which you may upload or make available for inclusion on publicly accessible areas on our Platforms or through our Services.
Any content you transmit or post to publicly accessible areas on our Platforms or Services shall be considered non-confidential and non-proprietary. To the full extent permitted by applicable law, we shall have no obligations to you or any third party with respect to such Content.
You agree to adhere to applicable laws and when posting or transmitting any Content or material to our Platforms or Services.
-Third Party Content
Our Platforms or Services may include, from time to time, advertisements from third parties and/or external links to other websites possessing their own content or any other third party content ("Third Party Content").
You acknowledge that the Third Party Content
• is beyond the control of HavyPage and that any reliance on any representation, statement or information contained in Third Party Content is at your risk;
• cannot be verified by HavyPage, and that HavyPage cannot be expected to determine its accuracy or reasonableness; and
• may contain representations, statements or information which does not represent the views, opinions or beliefs of HavyPage, its associates, directors, employees or affiliates.
The parties shall use their best endeavours to resolve any disputes that may arise between the parties amicably. Should the parties be unable to resolve such a dispute despite their best efforts and after having exhausted all internal remedies and procedures, then you agree that any such dispute shall be referred to arbitration and finally resolved in terms of the Nigerian Arbitration and Conciliation Act, 1988, or in terms of the rules of the Chartered Institute of Arbitrators (UK) Nigeria Branch or the Chartered Institute of Arbitrators Nigeria, if either of the parties to the dispute are members of these arbitral bodies. Such arbitration shall be held in Lagos or Abuja, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal.
The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.
You must send any notice or legal process relating to the Terms to the following address by registered post: HavyPage, Suit 14/15, Akowonjo Road, Edgeda, Lagos, Nigeria.
While we endeavour to ensure that our Platforms and Services are normally available 24 hours a day, we shall not be liable if, for any reason, our Platforms or Services are unavailable at any time or for any period.
Access to our Platforms or Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
We reserve the right to modify or discontinue the Platforms and/or Services, or any features, at any time without notice to you.
6. SECURITY AND PRIVACY
We will be entitled, subject to applicable laws, to take whatever action we may deem necessary and reasonable to preserve the security and reliability of our Platforms and/or Services or the Content thereon.
You may not use our Platforms or Services in any manner which may compromise the security of our network or any other network connected to our network. We take reasonable steps to secure your payment information. We use a payment system that is in our reasonable opinion sufficiently secure with reference to accepted technological standards and the type of the transaction concerned.
7. APPLICATION LICENSE
Each of our mobile applications ("Apps") is licensed, not sold, to you for use only under the terms of this license. Subject to your compliance with these Terms, we grant you for each of our Apps you have downloaded, a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to use a copy of each of our Apps on a mobile device that you own or control and to run such copy solely for your own personal purposes. You may not rent, lease, lend, sell, redistribute or sublicense our Apps. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of our Apps, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with our Apps).
The terms of the license will govern any updates that replace and/or supplement the original Apps.
The license is effective until terminated by you or us. Your rights under this license will terminate automatically without notice from us if you fail to comply with any term(s) of these Terms. Upon termination of the license, you shall cease all use of the Apps, and destroy all copies, full or partial, of the Apps. The termination of this licence will not affect your rights or remedies, or ours, for the period prior to termination, or those rights and obligations which the license intends, either expressly or by implication, to survive beyond termination.
8. DISCLAIMER AND LIMITED LIABILITY
You use our Platforms and Services at your own risk. While we endeavour to ensure that the information on our Platforms or Services is correct, we do not warrant the accuracy and completeness of Content on our Platforms or Services or that the Content and technology available from our Platforms or Services are free from errors or omissions, or that it will meet your individual tastes, preferences or expectations.
We may make changes to the Content on our Platforms or Services at any time without notice. The Content on our Platforms or Services may be out of date, and in this regard, we make no commitment to update such Content.
To the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use our Platforms or Services or Content provided from or through our Platforms or Services.
Our Platforms and Services are supplied on an "as is" basis and have not been compiled or supplied to meet any user's individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the Services available on or through our Platforms will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on our Platforms or Services should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on our Platforms or Services.
Submissions of Content (like contribution to blogs, comments on articles posted), postings of any kind to our Platforms or Services and e-mails sent to our Platforms or Services are not editorially controlled by us and therefore we cannot be held liable (whether in delict, criminal, administrative or other law) for illegal or unconstitutional content (including, but not limited to, defamatory or harmful content).
9. GENERAL TERMS
These Terms are the sole record of the agreement between you and us, with neither party being bound by any express, tacit or implied representation or warranty not recorded in these Terms.
No agreement shall be concluded or amendment to these Terms effected merely by you sending a data message to our Platforms or using our Services. HavyPage may cede, transfer or assign its rights and obligations under the Terms to a third party without your consent.
You may not cede, transfer or assign your rights or obligations under the Terms to a third party without the written consent of HavyPage. If any provision of the Terms is or becomes unenforceable for any reason, then such provision will be treated as if it had not been included in the Terms to the extent that it remains unenforceable and shall not affect the validity of the remaining provisions of the Terms.
All provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the relevant provisions of any applicable laws which may not be overridden or set aside by agreement are complied with.
The Terms are governed by and interpreted in accordance with the laws of Nigeria without giving effect to any principles of conflict of law, with you irrevocably consenting to the exclusive jurisdiction of the courts of Nigeria, in respect of all proceedings arising out of or pursuant to the Terms.
You agree that we may (but are not obliged to) intercept or monitor all communications sent or posted by you to our Platforms, Services or our employees. You agree that the consent provided herein by you satisfies any "writing" requirement prescribed in law.
You can contact us by sending an email to [email protected]
We will send any notice or legal process relating to the Terms to the address you provided when you registered to use our Platform or Service, as amended by you from time to time. It is your responsibility to update your address whenever it changes.