Terms of Service | Nairalance

DEFINITIONS

“Nairalance”, “We”, “Our”, or “Us” means Nairalance, by proxy Miciniti Nigeria Limited (RC 1340737)

“Service” means the online services, websites, desktop or mobile applications owned and managed by Nairalance.

“User”, “You” or “Your” refers to any registered user or individual who visits or uses the Service

“Account” refers to a registered User and all their Content on the Service.

“Inactive Account” means a User Account that has not been logged into for a continuous 2 month period.

“Contractor” refers to any User making use of the Service to offer or provide services to other Users on the Service.

“Employer” refers to any User making use of the Service to post and request for jobs to be completed by a Contractor.

“Contract” refers to any job posted by an Employer on the Service in an attempt to find a suitable Contractor.

“Content” refers to any information, file or document provided, uploaded, or entered by a User on the Service

“Escrow Payment” refers to any payment from an Employer to Contractor for a Contract, held by us pending when the Employer requests us to pay a Contractor, Escrow are created for each milestone on a Contract.

AGREEMENT

By signing up for the Service, you are agreeing to be bound by the following terms and conditions on this page or other related pages. All new features or tools added to the Service will be subject to these terms and conditions.

Nairalance reserves the right to replace, change, modify or update the Terms of Service at any time and the changes will be published on the Nairalance website. You are advised to check the Terms of Service from time to time for any updates or changes that may affect you.

Violation of any of the terms and conditions listed below will result in the termination of your Account.

ELIGIBILITY

To be eligible to use this Service you,

you must be a human being, 18 years or older;
you must provide a valid email address to complete the signup process;
you must be either resident in or native of Nigeria;
you must be able to form legally binding contracts.

REQUIREMENTS

You acknowledge and agree that

you will not associate User accounts with a business name or company name;
you must maintain no more than one User account on the Service;
you are absolutely responsible and liable for all your content and activities on this Service;
you are responsible for maintaining the security of your account and password. Nairalance cannot and will not be liable for any loss or damage from your failure to comply with this security obligation;
you must not use the Service for any illegal or unauthorized purpose;
you must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, reverse engineering of software, and patent infringement);
you will not use “bots” to register and/or operate User account(s) on the Service

CONTENT

When you provide, post or upload any content on this Service, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

You acknowledge and agree that:

we only act as a portal for the online distribution and publication of your content;
we make no warranty that your content is actually made available on the Service;
we have the right (but not the obligation) to take any action deemed appropriate by us with respect to your content.
we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Service;
we may transfer your content to a related business or company within and outside Nigeria;
we may reject, approve, modify or delete your content at our sole discretion;
we have no liability based on, or related to, third party content on the Service, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline;
we have no control over who accesses, downloads or makes use of your content.

You also acknowledge and agree that:

you agree to allow others to view and share your Content;
you will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
you will not violate any law or regulation;
you will not be defamatory or trade libellous;
your content not be obscene or contain child pornography;
your content will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons;
your content will not contain material linked to terrorist activities;
your content will not include incomplete, false or inaccurate information about anyone or other individuals;
your content will not contain any computer viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
you will not duplicate, copy, or reuse any portion of the HTML/CSS/JS or visual design elements without express written permission from Nairalance.

If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to this Service and may close your Account.

RATINGS AND REVIEWS

Nairalance provides its reviews and rating system as a means through which Users can express their opinions about other User publicly about an engagement on a Contract. This will be used as a measure of a User’s reputation on the Service, as such, we may calculate a composite rating number for each User based on these individual ratings.

By using the Service, you acknowledge and agree that

you may be held legally responsible for damages suffered by other Users or third parties as a result of these reviews if a court finds that these reviews are legally actionable or defamatory;
you will not falsify, manipulate, coerce, or threaten another User with negative ratings and review;
you will not entice, sell, offer to sell or buy User ratings reviews on the Service.

Nairalance does not censor or investigate any of the ratings and reviews posted by Users for accuracy or reliability and we will not be legally responsible for any of them as well if found defamatory or otherwise legally actionable. However, we can and may, at our sole discretion, delete any rating and review as we deem appropriate.

FUNDS

Funds in your Account are held by us in our operating accounts held with reputable financial institutions. Funds in your Account are not held separately by us and may be commingled with our general operating funds and funds of other User’s Accounts.

We may receive interest on funds held by us in our operating accounts (which may include funds in your Account) from financial institutions with whom we hold our operating accounts. You are not entitled to any interest or other earnings for funds that are in your Account and we will not be liable to any User for any imputed interest on such funds.

By using the Service, you acknowledge and agree that:

we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
we are not acting as a trustee or fiduciary with respect to such funds or payments;
the funds shown in your Account, which may include Escrow Payments and/or any prepayment of fees and charges which you owe to us, represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the work requested or performed by you on the Service;
funds may only loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Service to pay for, or receive funds in respect of transactions on the Service;
funds showing in your Account is neither insured nor a guaranteed deposit;
we will hold funds in respect of the amount of your Account (including Escrow Payments) in an account held by us with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account;
we may commingle your funds with funds of other User’s and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction in accordance with this Terms of Service;
we may deduct amounts you owe us with funds that you subsequently receive into your Account;
we may reverse payments you have made from your Account to other User Accounts on the Service;
we reserve the right to collect any funds owed to us by any other legal means;
if you have a negative balance in your Account, we may immediately suspend or limit your Account until such time as your Account no longer has a negative amount or offset the negative balance with funds that you subsequently receive into your Account.

ESCROWS AND PAYMENTS

We are not a bank or financial institution and we do not operate an escrow service. We do however, provide a service which allows controlled payments for work done on the Service to be made via a service called Escrow Payments.

An Employer can make a Escrow Payment, which will be locked from the Employer’s Account and cannot be claimed by the Contractor until; the Employer requests that we make the fund available to the Contractor in respect of a Contract performed or completed or the Employer acknowledges that the Contractor has completed the Contract fully and satisfactorily.

Fees charged to the Contractor will be dependent on the Contractor’s current membership plan. This charge will be taken out while the payment made from the Employer is in the Escrow fund and before released to the Contractor’s account.

By using the Service, you acknowledge and agree that;

you will be responsible for all fees including taxes, levies, or duties imposed by taxing authorities with respect to your use of the Service;
any Escrow Payments made by Employers are non-refundable unless refunded by the Contractor or a dispute claim is submitted and approved in the Employers’s favour;
your Escrow Payment will be kept in good faith and guaranteed a pay out for any amount funded into it from an Employer pending an approval to release from the Employer.

Escrow Payments from an Employer will be refunded to an Employer if not released to the Contractor in two months after the day it was created or if the Employer has not logged in to the Service during the same period. If an Employer does not approve of the Contractor’s work, the parties may elect to resolve the issue by contacting us.

The Contractor has the right to request a payout for the amount they have earned by providing services via Bank Transfer or other payout methods available on the Service

FEES AND CHARGES

There might be fees or charges associated with certain features on this Service. When you use a feature that has a fee or charge, the corresponding amount will be deducted from your current positive balance on this Service or you will be denied access to the feature if your have a negative or zero balance on this Service.

We can and may, at our sole discretion, temporarily or permanently change some or all the fees and charges for our current or new features on this Service and these changes will be effective as indicated.

All fees, unless otherwise stated, are quoted in Nigerian Naira.

COMMUNICATION WITHIN THE SERVICE

You must not share or post your email address or other contact information on this Service, except in the ‘Email address’ field on the Signup/Login page, or at our request or as otherwise permitted by us on this Service.

Unless you have a prior relationship with a User outside this Service, you must not communicate or attempt to communicate with a User via any communication means outside this Service, unless through the messaging and chat features provided by this Service.

MODIFICATION OF SERVICE

Nairalance reserves the right at any time and from time to time to replace, modify or discontinue, temporarily or permanently, any feature on the Service or the Service itself with or without notice.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service or any of its features.

REFUSAL OF SERVICE

We can and may, at our absolute discretion, refuse to register anyone, suspend, deactivate or terminate any User account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your Account, and the forfeiture and relinquishment of all content and funds in your Account.

LIABILITY

In no event shall we, our related entities, affiliates, third-party service providers or staff be liable to you or anyone, whether in contract, warranty, tort or negligence, for:

any special, indirect, consequential, incidental or punitive damages that may be incurred by you;
any loss of business,opportunities, goodwill, income or profit whether direct or indirect that may be incurred by you;
any claim, damage, or otherwise incurred by you as a result of any of your transactions involving the Service.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this Terms of Service is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.

WARRANTY DISCLAIMER

The Service is provided as is and as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).

We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the Service by any third party.

QUESTIONS AND FEEDBACK

If you have any questions and feedback, please contact us at nairalance@gmail.com.

This document was last updated on 5th February 2016.