Terms of Service
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.
THE VISITOR AND OFFICE MANAGEMENT APPLICATION (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.
WHAT’S IN THESE TERMS?
- Access to our Services
- There are other terms that may apply to you
- We may make changes to our Site
- You must keep your account details safe
- Site Content and Subscriber Information
- Your Warranties as a Subscriber/User of Our Services
- Charges and Payments
- Do not rely on information on our Site
- Disclaimer of Warranties
- Exclusion of liability
- Backing up and securing Subscriber Information
- Intellectual property right in the Application
- Rules about linking to our site
- Waiver and Severability
- Entire Agreement
- Despite Resolution
- Which country’s laws apply to any disputes?
ACCESS TO OUR SERVICES
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.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
This Agreement refer to the following additional term, which also apply to your use of our Services:
WE MAY MAKE CHANGES TO OUR SITE
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 DETAILS SAFE
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
SITE CONTENT AND SUBSCRIBER INFORMATION
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.
YOUR WARRANTIES AS A SUBSCRIBER/USER OF OUR SERVICES
You warrant that:
- You shall not introduce viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of the Services or the Site.
- You shall not modify, adapt or hack our Site.
- You shall not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You shall not act in any manner that negatively affects the ability of others to use the Site.
- You shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the application, computer code that powers the Services, or access to the Service without Our express written permission
- You shall not attempt to gain unauthorized access to the Service or its related systems or networks (including in a manner intended to circumvent a contractual usage limit).
- You shall not access the Service in order to build a competitive product or service, or for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
- You shall not reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or any component thereof, except to the extent such restriction is permitted by applicable Law.
- You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.
- You shall not permit third parties to do any of the foregoing or to access or use the Services in a way that circumvents the terms and restrictions of this Agreement.
- You shall only use the Services for its intended purpose, as permitted by this Agreement, and only in accordance with any applicable federal, state, or local laws, codes, rules, regulations, or orders of any governmental authority.
CHARGES AND PAYMENT
- We bill all charges and fees monthly or annually in advance. To activate Subscriber’s subscription, Subscriber must request the Services via Our Site and pay all fees associated with its subscription. We accept payments via credit card, internet banking or via our designated bank accounts.
- If payment is being made by credit card, the Subscriber authorizes Us to charge automatically any amount payable by Subscriber in connection with the Services.
- Subscriber reserves the right to sign out from the use of the Services before the date of the next subscription to avoid the programmed automated deductions.
- Subscriber grants Us permission to obtain authorization for use of Subscriber’s payment card from Subscriber’s payment card issuer.
- As a Subscriber, You shall notify Us if Your payment card expires, You close Your payment card account, change Your billing address or you change Your payment card.
- All fees paid to Us are non-refundable except as provided under this Agreement.
- Our prices may change from time to time. Any price changes for subscriptions will only take effect upon Subscriber’s renewal of its subscription to the Services.
- If payment is not received within the required time period, or if we are unable to renew Subscriber’s plan based on inaccurate or outdated payment method information, we may suspend Subscriber’s and its Users’ ability to access the Services until payment is received.
- Subscriber must notify Us within seven (7) days after receiving its credit card statement or invoice, as applicable, if Subscriber disputes any charges, failure which any such dispute will be deemed waived.
DO NOT RELY ON INFORMATION ON THIS SITE
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.
DISCLAIMER OF WARRANTIES
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.
EXCLUSION OF LIABILITY
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:
- use of, or inability to use, our Site; or
- use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
BACKING UP AND SECURING SUBSCRIBER INFORMATION
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.
INTELLECTUAL PROPERTY RIGHT IN THE APPLICATION
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.
RULES ABOUT LINKING TO OUR SITE
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.
WAIVER AND SEVERABILITY
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.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
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.