Terms of Service
EFFECTIVE DATE: [DATE]
1.2 DSNai Limited; is a company duly registered under the laws of the Federal Republic of Nigeria;
1.4 DSNai reserves the right to review and change any of the Terms by updating this page at its sole discretion at any time. Any changes to the Terms will take effect immediately from the date of their publication. Your access and use of the website after DSNai makes any changes constitute your acceptance of any such changes and you will be bound by those changes. If you do not agree to these changes, you must cease usage of the Website and any of its Services immediately.
- INTELLECTUAL PROPERTY RIGHTS
2.1 Unless otherwise stated, We and our licensors own, retain all right, title, and interest in and to the Services and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights.
2.2 For the avoidance of doubt, DSNai does not grant you any licences, express or implied, to our intellectual property or the intellectual property of our licensors, except as expressly stated in these Terms.
3.1 Except as expressly provided by these Terms or with our prior written consent, you shall not (a) use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit any content on our Website in any form by any means; (b) scrape or copy information through any means including crawlers, browser plugins and add-ons, and any other technology or manual work; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) use any portion of the Services to provide, or incorporate any portion of the Services into, any product or service provided to a third party; (e) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of the Services; (f) remove or obscure any proprietary or other notices contained in the Services; (g) use the Services in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion; (h) attempt, in any manner, to obtain the username, password, account, or other security information from any other user of the Services; (i) violate the security of any computer network or crack any passwords or security encryption codes; or (j) run any form of auto-responder or “spam,” or any processes that run or are activated while you are not logged in to access the Services.
3.2 Any content, information or data uploaded by a User must not be illegal, threatening, obscene, racist, defamatory, libellous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of spam.
- USER OBLIGATIONS
- You may browse and access information on the website for personal and non-commercial use. Any unauthorised use of the website’s content or materials is strictly prohibited. Your use of the Services must comply with all applicable laws. If your use of the Services is prohibited by applicable law, then you are not authorised to use the Services. We shall not be responsible if you use the Services in any manner that violates any applicable laws.
4.3.1 By using the Services and providing User Information to us, you automatically authorise us to obtain, directly or indirectly through our third-party service providers as necessary to provide the Services to you.
- Marketing Communications
- By subscribing to newsletters or email updates on the Website, you automatically consent to receive promotional and marketing communications from us. To the extent permitted by applicable law, you consent to electronically receive all communications for all Services provided to you under these Terms and in connection with your relationship with us (collectively referred to as “Communications”). By accepting and agreeing to these Terms electronically, you represent that: (a) you have read and understand this consent to receive Communications electronically; and (b) your consent will remain in effect until you withdraw your consent as specified below.
- Your consent to receive electronic communications will remain in effect until you withdraw it. You may withdraw your consent to receive further communications at any time by opting out through your account setting by “Unsubscribing” or you can contact us at [DSNai contact information]. Please note that withdrawal of your consent to receive communications electronically will not apply to communications electronically provided by us to you before the withdrawal of your consent becomes effective.
- User-Generated Content
- By making use of our website, you may have the ability to post comments, reviews, or user-generated content on the Website. By posting such content, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, adapt, publish, and distribute it on the Website and in other promotional materials.
- Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in all our Policies.
- Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
- We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
- We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Policies.
- WARRANTY DISCLAIMER
6.1 To the fullest extent permitted by applicable laws and except as otherwise expressly provided in these terms, you expressly understand and agree that your use of the services and all information, products, and other content (including that of third parties) included in or accessible from the services is at your sole risk. The services are provided on an “as is” and “as available” basis without any warranty of any kind. to the maximum extent permitted by applicable law, we and our third-party service providers expressly disclaim any and all conditions, representations, and warranties of any kind as to the services and all information, products, and other content (including that of third parties) included in or accessible from the services, whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, and non-infringement.
6.2 DSNai expressly disclaims all warranties of any kind, express, implied or statutory, relating to DSNai’s website, content and/or user information, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance.
6.3 Without limiting the foregoing, we and our third-party service providers make no warranty regarding the performance of or accuracy, quality, currency, completeness or usefulness of any information provided by DSNai on its website including but not limited to information obtained through social media. specifically, DSNai makes no warranty that (a) The services will meet your requirements, (b) The services will be uninterrupted, timely, secure, or error-free, (c) The results that may be obtained from the use of the services will be accurate or reliable, (d) The quality of any products, services, information, or obtained by you through the services will meet your expectations, or (e) Any errors in the services will be corrected. no oral or written information or advice obtained by you from us or our third-party service providers through or from the services will create any warranty not expressly stated in these terms.
- LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, you agree that DSNai, their respective employees, officers, directors, agents, and third-party service providers will not be liable to you or any third party for (a) the performance of the services or the inability to use the services; (b) any indirect, incidental, special, consequential, punitive, or exemplary damages, whether based in contract, tort, or otherwise, including, but not limited to, damages for goodwill, use, data, or other intangible losses, even if such persons have been advised of the possibility of such damages, which arise out of or are in any way connected with these terms, or the services; or (c) any event beyond our reasonable control.
- THIRD PARTY WEBSITES
9.1 You agree to indemnify DSNai and its officers, directors, employees , sublicensees, agents, affiliates, successors and assigns from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation lawyers’ fees and court costs) which arise out of or relate to your use of the Website and/or Services, including but is not limited to:
- any misuse of the Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
- any act or omission (including negligent acts or omissions) of the user in the performance or purported performance of any Services and your breach of the Terms;
- the use of any intellectual property created in respect of the Services not contemplated by the Terms or as a consequence of a breach of the Terms; or any activity which you engage on or through
This indemnity will survive termination of the Terms.
10.1 DSNai shall treat as secret and confidential and not at any time or for any reason during or after the expiry or termination of this Agreement disclose or permit to be disclosed to any person, or to otherwise make use of or permit use to be made of any Information whether such confidential information was received during the term of this Agreement or otherwise.
10.2 Whilst DSNai maintains strict confidentiality in all matters relating to your account(s) and business, you hereby authorise and consent to DSNai including its officers, employees, agents and advisers to disclose your information to the following parties for any of the following purposes and as where necessary;
- any member of DSNai including any officer, employee, agent or director; professional advisers, third party service providers, agents or independent contractors providing services to support DSNai;
- any person to whom disclosure is allowed or required by local or foreign law, regulation or any other applicable instrument;
- any court, tribunal, regulator, enforcement agency or any other authority (including any authority investigating an offence) or their agents with jurisdiction over DSNai
- any authorised person or any security provider;
- anyone DSNai considers necessary in order to provide you with services in connection with a product;
10.3 DSNai shall comply with the Data protection laws as outlined in Nigerian Data Protection Regulation 2019, and shall take all reasonable measures to comply with global standard and best practices on Data protection and policies.
- ENTIRE AGREEMENT
12.1 DSNai may add to or amend these Terms at any time, at our sole discretion, without providing notice to you. We reserve the right, subject to applicable law, to deliver to you any notice of changes to these Terms or the addition of new terms by posting an updated version of these Terms on the Website or delivering notice thereof to you electronically.
- You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.
- We encourage you to check these Terms from time to time in order for you to be abreast with any modifications thereto.
- GOVERNING LAW
These Terms and provision of the Services shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
- DISPUTE RESOLUTION
Any dispute relating to or arising out of the use of the Services shall be resolved amicably by mutual consultation. Where we and you are unable to resolve any dispute amicably within 21 (twenty-one) days of the commencement of such mutual consultation, the dispute shall be submitted to and determined by any court of competent jurisdiction in Nigeria.
- GENERAL TERMS
16.1 You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, DSNai may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.
- The failure of either Party to exercise, in any way, any right herein will not be deemed a waiver of any further rights hereunder.
- In the event that any of the provisions of these Terms is held by a court of competent jurisdiction to be unlawful or unenforceable, the remaining portions of these Terms shall remain in full force and effect and shall not be invalidated or impaired in any manner.
16.5 DSNai shall be entitled at any time without your consent to assign and transfer the whole or any part of its rights or obligations under this Agreement.
16.6 The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
16.7 The Terms and Conditions herein are binding upon you and you shall not assign or transfer of his obligations herein to anyone else without prior consent of DSNai in writing. Any such assignment and transfer without prior consent of DSNai shall be void ab initio and DSNai is under no obligation to recognize such assignment and transfer.
16.8 Each of these Terms and Conditions are severable and distinct from one another and if any time any one or more of such Terms and Conditions becomes invalid, illegal or unenforceable, the validity, legality of the enforceability of the remaining provisions shall not in any way be affected or impaired thereby.