Terms of Use
These are the general Terms and Conditions applied to the usage of our mobile app, website or other online services provided by Affixdot Tech Nigeria Limited.
The term "us" or "we" refers to the owners of Affixdot Tech Nigeria Limited and in order to use the Affixdot app, you must agree to the terms and conditions set out below:
TERMS OF SERVICE OVERVIEW
AFFIXDOT AND YOU
• If you break our rules, we may suspend or terminate your account with or without notice. • We charge for some features on our platform and some of them are regular and recurring charges, however, you can disable auto-renewal or totally cancel your subscription.
AFFIXDOT EVENTS & GROUPS
• Event host/admin may establish rules that for their Affixdot event/group and they may charge fees for their event/group. • There is most likely an Affixdot event that interests you, but if you’re unable to find one, you can always create yours. • Attending events created on our platform can lead to uncertainties as you’ll have to physically meet people and we cannot be held responsible for whatever happens out there.
YOUR CONTENT & CONTENT OF OTHERS
• You are responsible for the content you post you post on our platform or send to us inform of feedback, suggestions or other communications. • Your content may include text, information, links or pictures posted on our platform by you. • We take no responsibility for and we do not expressly or implicitly endorse any of your Content. • Your Content must comply with our Terms of Service. • We do not own the content that you post. However, we can use this Content in order for us to operate, improve, promote, and protect AFFIXDOT and our Platform for the benefit of you and others. • We are not responsible for content that members post or the communications that members send using our AFFIXDOT. We generally don’t review content before it’s posted. If you see content that violates our Terms of Service, you may report inappropriate content to us.
AFFIXDOT AS A PLATFORM
• We ensure to have our platform fully functional at all times, however, unforeseen circumstance may hamper that and we apologize in advance. • We are always trying to improve our platform, which means we can modify or remove any of the features on our platform.
TERMS OF SERVICE
ELIGIBILITY TO OUR SERVICE
• If you’re under 18 years of age, you’re not eligible to use our service. We maintain the right to suspend or terminate your access to our platform if we determine that you have violated this term. • Further eligibility requirements might be set by event/group host.
ACCESS TO OUR SERVICE
• We may modify, terminate or suspend your account if we determine you that you have violated any of our rules or our agreements or policies. • An event host has the ability to modify or suspend your access to their event/group.
YOUR ACCOUNT INFORMATION AND SECURITY
• You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. You must maintain the security of your Account and promptly notify AFFIXDOT if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with the Services. • You will not license, sell, or transfer your Account without our prior approval.
YOUR USE OF OUR SERVICE
AFFIXDOT grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
• license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content; • modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or • access the Services or Content in order to build a similar or competitive website, product, or service.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
When the Platform uses third party services to provide certain features and services for our members, our members may be required to comply with the terms of service that apply to these features and services. For example, some areas of our Platform feature mapping services provided by Google Maps and Google Earth. When you use these mapping services on the Platform, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies. You do not have a license to use the intellectual property of third parties merely by way of your access to our Platform.
LICENCE TO AFFIXDOT PLATFORM AND SERVICE
AFFIXDOT grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access our Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
FEES AND PAYMENTS ON AFFIXDOT
• We charge for some features on our platform, If you’re an Affixdot event host/admin, you’re to pay for creating an event and other fees associated to your AFFIXDOT group. These fees are billed on a regular and recurring basis (unless you disable auto-renewal or cancel your subscription), and may change in the future. • If an event host/admin fails to renew the subscription for their AFFIXDOT event, then the event would be deleted after the stipulated time set for their previous subscription. • We may in the future implement a new fee, or modify an existing fee, for some of the current or future features of our Platform. If we implement a new or modified fee, we will give you notice in advance such as by posting changes on our Platform or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in the Nigerian Naira. Event organizer subscriptions are non-transferable. • We may offer free trials of subscriptions and other products on our Platform. We will inform you of the length of the free trial, your renewal period, and the date and amount of your first payment. After your free trial ends, your paid subscription will begin and we will automatically bill you for each renewal period until cancellation. You can cancel auto-renewal whenever you want. • AFFIXDOT doesn’t save your payment details, it is handled entirely by the third party financial institution involved. Therefore, AFFIXDOT does not process payments and is not responsible or liable for any transactions in which you engage. By engaging in a payment transaction using your credit card, you authorize the Merchant to bill your account or card for the purchase amount.
YOUR CONTENT
You are responsible for the Content that you post to the Platform or otherwise provide to AFFIXDOT. We use the word “Content” to mean the information, material, and any other content that you post to the Platform or otherwise send to us. Examples of your Content include:
• The material that hosts/admins and members typically post to the Platform, such as information about AFFIXDOT group/events, comments, and photos. • All feedback, suggestions, and other communications that you send or direct to AFFIXDOT.
By being responsible for your Content, you agree, among other things, that:
• You have all the permissions, rights, and licenses needed (including under copyrights, trademarks, privacy rights, or publicity rights) to provide the Content to the Platform and to AFFIXDOT; • Your Content does not include personal, private or confidential information belonging to others. • Your Content does not otherwise violate the rights of any individual or entity.
CONTENT LICENSE FROM YOU
We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect AFFIXDOT and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant AFFIXDOT a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. This license would permit your Content to remain on the Platform, even after you cease to be a member of a AFFIXDOT group or of the Platform.
CONTENT FROM OTHER USERS
AFFIXDOT are in no way responsible for the content other users put on the website, but if we determine any content to as inappropriate then we’ll take it down and a befitting punishment served. However, we’re under no obligation to monitor the content of other users.
PHYSICAL INTERACTION WITH OTHER USERS
This is an event based platform, so there’s a good chance you get to be physically present at one or more event and thereby interact with other users/non-users of this platform. AFFIXDOT takes no responsibility at what could happen at this event as we do not conduct background checks for every event.
PROHIBITED USE OF OUR PLATFORM
When accessing or using our Services, you will not:
• Create or submit Content that insults, intimidates, threatens or harms other users or AFFIXDOT as a platform. • Use the Services to violate applicable law or infringe any person or entity's intellectual property or any other proprietary rights; • Attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services); • Upload, transmit, or distribute to or through the Services any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data; • Use the Services to harvest, collect, gather or assemble information or data regarding the Services or users of the Services except as permitted in these Terms or in a separate agreement with AFFIXDOT. • Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner. • Access, query, or search the Services with any automated system, other than through our published interfaces.
INDEMNITY
You agree to defend, indemnify, and hold us, our licensors, our third party service providers and our employees, licensors, and the entire AFFIXDOT body as a whole harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
LIMITATION OF LIABILITY
You agree that to the full extent permitted by applicable law, in no event shall any AFFIXDOT party be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any AFFIXDOT Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Platform, (c) your use of our Platform or transportation to or from AFFIXDOT events, attendance at AFFIXDOT events, participation in or exclusion from AFFIXDOT groups or events and the actions of you or others at AFFIXDOT events, or (d) any other matter relating to the Platform.
YOU AGREE TO ARBITRATE ANY DISPUTES.
This Agreement is subject to, and shall be governed by, and construed in accordance with the laws of Nigeria, without reference to the principles of conflict of laws thereof. Any matters arising concerning the interpretation, validity or implementation of this Agreement not solved by mutual agreement between the Parties shall be submitted to arbitration in the English language before a sole arbitrator to take place in Lagos, Nigeria as the seat of the arbitration. The arbitration shall be conducted pursuant to the Rules of Arbitration of the Chartered Institute of Arbitrators of the United Kingdom. The arbitral decision shall be final and binding on the Parties and may be made an order of court. The Parties unconditionally consent and submit to the jurisdiction of the High Court of Lagos, Nigeria for such purpose. Nothing in this Agreement will be deemed as preventing AFFIXDOT from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the Parties and the subject matter of the dispute as is necessary to protect AFFIXDOT’s name, proprietary information, service secrets, know-how or any other intellectual property rights.
ALTERATION
No alteration, variation or agreed cancellation of this agreement, and this paragraph, shall be of any effect unless directed so by us.
WHOLE AGREEMENT
This Agreement constitutes the whole agreement between the parties in regard to the subject matter hereof and no warranties or representations of any nature whatsoever other than set out in this agreement have been given by any of the parties.
WAIVER/RELAXATION
No relaxation or indulgence which AFFIXDOT may show to you shall in any way prejudice or be deemed to be a waiver of its rights hereunder.
SURVIVAL
Each and every provision of this Agreement (excluding only those provisions which are essential at law for a valid and binding Agreement to be constituted) shall be deemed to be separate and severable from the remaining provisions of this Agreement. If any of the provisions of this Agreement (excluding only those provisions which are essential at law for a valid and binding Agreement to be constituted) is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of this Agreement shall be and remain of full force and effect.