Terms of Service

Updated 3/15/2019


Below are our Terms of Service, which outline a lot of legal goodies, but the bottom line is it’s our aim to always take care of both you, as a customer, or as a seller on our platform.

Introduction

This Mobile Software Application (hereinafter referred to as “App”) is made available by Xend Tech Limited (also referred to as “we”, “us”), a company duly registered under the Companies and Allied Matters Act, Laws of the Federation of Nigeria, 1990, with registration number 1557093 and registered office address situate at Suite D7, Bethel Plaza, 36 Garden Avenue, G.R.A, Enugu State, Nigeria. These Terms and Conditions must be read alongside our Privacy Policy.

General Terms

These Terms and conditions constitute the entire agreement between Us and you in relation to your use of this App, and it supersedes all prior agreements and understanding if any. These App’s Terms and Conditions will be in full application and shall at all times manage and guide your use of this App. Therefore, by using this App, you have agreed to all the terms and conditions written herein.

You thereby agree that any registration information you give to us will always be true, accurate, correct, complete and up to date. Thus, any mobile phone number used to register with us has to be registered in your name and you may be asked to prove same. Likewise, any mobile device you use to access the App, must be a mobile device you own and control at all times.

If you disagree with any of the Terms and Conditions contained herein, you must uninstall this App and must not under any circumstances proceed to make use of this App. Minors or people below 13 years old are not allowed to use this App.

Intellectual Property Rights

Under the Terms and Conditions of this App, we and/or our licensors own all the intellectual property rights associated with the contents of this App. You are granted limited license only for purposes of the personal usage of this App. Therefore none of the App’s content may be copied, imitated or used, in whole or in part, without our prior written permission or the applicable trademark holders.

Restrictions

You are specifically restricted from all of the following:

Publishing any of this App’s material in any other media without any prior written approval from us.

Selling, sublicensing and/or otherwise commercializing any of this App’s material without any prior written approval from us.

Using this App in any way that is or may be damaging to this App.

Using this App in any way that impacts negatively on other user’s access/use of this App.

Using this App in any way that is unlawful, illegal, unauthorized, or in any way that may cause harm to this App or its users.

Engaging in any form of data mining, data harvesting, data extracting or any other similar activity in relation to this App.

Using this App to engage in any unauthorized form of advertising or marketing.

Disclosing your user ID and password to third parties, your ID and Password must remain confidential at all times.

No Warranties

We provide the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, we do not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content. Other contents on the App may be out of date or varied and we make no commitment to update it. To the fullest extent permitted by applicable laws, we hereby exclude all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.

Limitation of Liability

To the fullest extent permitted under applicable laws, in no event shall we be held liable to you with respect to use of this App and/or be liable to you for any direct, indirect, special or consequential damages, including without limitation to damages for loss of goodwill, loss of profits, theft or corruption of your information, the inability to use the App and any Device failure or malfunction thereof.

We shall not be liable even if it has been advised of the possibility of such damages, including without limitation to damages caused by error, omission, interruption, defect, failure of performance, unauthorized use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.

In the event that any applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, such liability arising under or in connection with these Terms and Conditions and your use of the App shall be limited solely to the actual loss which is proven to have arisen from our fault.

Indemnification

You hereby agree to indemnify us to the fullest extent from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions.

Severability

If any provision of these Terms and Conditions is found to be invalid under any applicable law, such provisions alone shall not be applicable in these presents and shall not affect or invalidate the remaining provisions contained herein.

Variation of Terms

We may revise these Terms and Conditions at any time as we deem fit, and by using this App, you are expected to review these Terms and Conditions on a regular basis so as to track such changes.

Assignment

We are at liberty to assign, transfer, and subcontract its rights and/or obligations, in whole or in part, under these Terms and Conditions without any prior notification to you. However, you are not allowed to assign, transfer, or subcontract any or all of your rights and/or obligations under these Terms and Conditions.

Payment

By signing up for the services offered by the App, you consent to have your billing account automatically debited for the amount you choose and to have your wallet within the App credited with said amount. Likewise, you agree that we can only allow you to transact with your funds held in your wallet save for any legal restrictions.

Governing Laws & Jurisdiction

These Terms and Conditions is governed by and interpreted in accordance with the laws of Enugu State of Nigeria. In the event of any dispute arising between us and you, you agree that such dispute shall be resolved by mediation in accordance with the mediation procedures administered by Enugu State Multi Door Courthouse. Where such body ceases to exist, either Party shall be at liberty to refer the dispute to arbitration. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, Chapter A18, Laws of the Federation of Nigeria, 2004.

Contact Us

Email: [email protected]

Postal address: Suite D8, Bethel Plaza, 36 Garden Avenue, G.R.A, Enugu, Nigeria.