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Term of Use

Updated: 23rd, July, 2023

Please read these terms of use carefully before using the services, or access the platform.

Welcome to Mooyi (“Company”, “we”, “our”, “us”), we connect brands with their audiences on channels they prefer and enable automation for every growth challenge. We are a provider in Nigeria Our Terms of Service (“Terms”, “Terms of Service”) govern your use of our website and app which is located at https://mooyi.africa (website). (collectively the “Service” or “Services”), operated by Mooyi Limited

We cannot provide the Services or perform the agreement described in these Terms without processing personal information about you and other Mooyi members. Processing this information is essential to the Services that we provide and a necessary part of our performance of our agreement with you. Our Privacy Notice governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages

Each time you access or use this Service, you, and if you are acting on behalf of a third party, such as an employer or a client, such third party, agree to be bound by this Terms and Conditions and Privacy Policy (“Agreements”) whether or not you register with us. If you disagree to be bound by the Terms and Conditions, you may not access or use our Website or the Service.

If you agree to each of the Terms and Conditions, check the “I ACCEPT” or “I AGREE” button at the bottom of these Terms and Conditions.

If you do not agree with (or cannot comply with) these Agreements, then you may not use the Service, but you can let us know by emailing [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the Service.

You confirm that you meet one of the following conditions: you are over 18 years old, an independent minor, or have the approval of your legal guardian. You declare that you have the full capability to comprehend and adhere to the terms, obligations, affirmations, representations, and warranties detailed in this Agreement, and to comply with it.

Mooyi operates the Website from the Federal Republic of Nigeria. This Agreement does not grant any third-party any rights or benefits. This Agreement does not establish any relationship beyond independent contracting between you and Mooyi, specifically not a business partnership, joint venture, or employment or franchise relationship.

Registration:

To use our Platform, you have to create an account by registering. To register, you will provide us with certain information that personally identifies you, such as your email, first name, last name, phone number and Integrated payment gateway capture card details for subscription management. We may seek to verify your information (by ourselves or through third parties), after which we will approve your account unless deemed risky to our business. You permit us to do all these. You have the right to refuse to authorise the use and/or disclosure of your Personal Information. However, if you choose to exercise this right, you may not be able to utilise some features of the Services we provide.

Some aspects of the Services or the Services in their entirety may not be available in all locations, and we may block access to some or all of the Services from certain locations based on your device’s geolocation information. We may add to or remove the areas in which the Services are or are not available, are partially or fully available, at any time, without notice to you. Our site is intended principally to Mooyi. No information on this website is intended to amount to marketing advice.

Where necessary, Users must seek professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. In particular, please note that in carrying out the Services, we make use of technology.

Identity Authentication.

We use many techniques to identify users when they register on the platform. Verification of Users is only an indication of the increased likelihood that a User's identity is correct. You authorise us to, directly or through third parties, make any inquiries we consider necessary to validate your registration. This may include verifying the information you provide against third-party databases. In addition, we reserve the right to employ other means of verification of authenticity for transactions we deem suspicious or for accounts conducting high value or high volume transactions to ensure the integrity of the transactions and we may thus delay the execution of such instructions.

Prohibited Services

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • In any way that violates any federal, state or local law or regulation or professional rule applicable to you and your use of the Services, including, without limitation, those relating to client privacy including the Nigeria Data Protection Regulation (NDPR) and the Implementation framework, General Data Protection Regulation (GDPR) (which governs the users/members in European Economic Area (EEA), applicable EEA laws, the United Kingdom, or Switzerland national laws, or faxes or text messaging (the Telephone Consumer Protection Act).
  • In any way that violates or conflicts with any agreement to which you are a party, including any agreement with your employer.
  • To transmit any material that does not comply with the User Content Standards outlined below.
  • To impersonate another person or misrepresent your identity or affiliation with any person or entity (e.g., by using an email address, username or caller ID that misrepresents your affiliation).
  • In any manner that could disable, overburden, damage, or impair any component of the Service.
  • To transmit any advertising or promotional materials without our prior written consent, including any 'junk mail' or 'junk faxes,' 'bulk mail' or 'bulk faxes,' 'chain letters,' 'spam,' or any other similar solicitation.
  • To engage in any other conduct that inhibits anyone's use or enjoyment of the Service or which, as determined by us, may harm Mooyi or users of the Service.

Additionally, you agree not to:

  • Re-use or re-publish any content made available through the Service, including, without limitation, content posted by other Mooyi users, without the express written permission of Mooyi or such user, as applicable.
  • Copy any material made available through the Service for commercial purposes, including through the scraping of content.
  • Attempt to obtain unauthorised access to or interfere with the Service, any Mooyi computer system, software or network, including reverse engineering, decompiling, deriving source code or uploading malicious code or code snippets.
  • Tamper with breach or attempt to probe, scan, or test for vulnerabilities in the Service or Mooyi’s computer systems, network, security elements, or any other protective measures associated with the Service.
  • Use any software, devices, scripts, robots or any other means or process to view, access or “scrape” the Service or otherwise copy information from the Service or to transmit any communications using the Service, including, without limitation, faxes or member messages.
  • Reproduce or redistribute content provided through the Services, including through “framing” or “mirroring” or through third parties, without Mooyi’s consent.
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source.
  • Monitor the availability, performance or functionality of any of the Services for any competitive purpose.
  • infringe or use any of our brands, logos, trademarks or other proprietary marks in any business name, email, URL or other context, unless expressly approved by Mooyi in writing.
  • Introduce into the Service any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Otherwise, attempt to interfere with the proper working of the Service or any portion thereof.

Accounts Security

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions carried out using your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

No Use By Minors

Our Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions.

If you are not at least eighteen (18) years old, you are prohibited from both access and usage of the Service.

User Content Rights and Related Responsibilities; Licences and Consent

'User Content' means, without limitation, any messages, texts, digital files, images, photos, personal profile, artwork, videos, audio, comments, feedback, suggestions and documents, or any other content you upload, transmit or otherwise make available to Mooyi and its users via the Services. We may, in our sole discretion, permit you to, from time to time, submit, upload, publish or otherwise make available to us through the Services any User Content.

You represent and warrant that you own or otherwise control the rights to your User Content and that each and every part thereof is an original work by you, or you have obtained all rights, licences, consents and permissions necessary in order to use those parts at any and all times. You further agree to indemnify Mooyi and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.

You may submit content and other information to the Service in various ways, including through your profile, newsfeed, and our communication tools (“User Content”). You agree that you are solely responsible for your User Content, including its legality, reliability, accuracy, and appropriateness, your User Content complies with these Terms, and you have all rights in your User Content as necessary to grant the licence granted herein.

You agree that your User Content will not:

  • Contain any material that is offensive, abusive, defamatory, obscene, threatening or harassing.
  • Promote illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Contain any material that infringes or violates the rights of any person or entity, including, without limitation, intellectual property, publicity or privacy rights, or violates applicable laws, rules or regulations.
  • Violate any contractual, legal or ethical obligations to which you are subject.
  • Contain advertising or promotions not expressly authorised by Mooyi in writing.
  • Misrepresent your current or past affiliation with another person or entity or otherwise contain fraudulent, false, deceptive or misleading information.
  • If you believe that any content displayed on the Service violates your copyright, refer to Claims Regarding Copyright Infringement for instructions on sending us a notice of copyright infringement.

By submitting User Content on or through the Service, you grant Mooyi a perpetual, irrevocable, transferable, assignable, worldwide, non-exclusive, royalty-free licence (with the right to sublicense through multiple tiers) to access, use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, redistribute, copy, host, store, cache, archive, index, categorise, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such User Content without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, marketing, promotional, or advertising purposes, and in any and all media now known or hereafter devised, in accordance with applicable laws.

While Mooyi is not responsible for User Content, it may, but has no obligation to, monitor, review or edit User Content. In all cases, we reserve the right to remove any User Content for any or no reason, including User Content that we determine in our sole discretion violates these Terms, threatens the personal safety of our users or the public, or could create liability for Mooyi. We may take these actions without prior notification to you and shall have no liability as a result of any such action Mooyi expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent its loss.

Service Availability

We make reasonable efforts to keep all of the Services fully operational. However, we may encounter technical difficulties or engage in maintenance or updates to the Services that may cause temporary interruptions. We reserve the right, at any time, to modify, suspend or discontinue any Service or functions and features of a Service without liability to you, except that if we discontinue a Service for which you have purchased a subscription, we will give you a prorated refund of your subscription fees. You understand and agree that Mooyi has no obligation to provide any specific content through the Service and Mooyi may, from time to time, remove any content without notice in our sole discretion.

Web/App Contents and Communications

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Website.

Any information received by you, either from the content of the website and app is not professional advice, content and use of service on our website/app https://mooyi.africa should not be considered factual information.

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and any other information we may send. However, you may opt-out of receiving any or all of these communications from us by following the unsubscribe link or by emailing [email protected]

You may use content for your information and personal use in accordance with this Agreement; and As intended through the normal functionality of the Website

Members may use the Services to communicate information in a variety of ways, including through their profiles, social actions (e.g., liking, sharing or commenting on a newsfeed article), and through member messaging. We authorise you to use these tools for non-commercial purposes unless otherwise expressly approved by Mooyi. You are solely responsible for your interactions with other Mooyi users. Mooyi reserves the right, but has no obligation, to monitor disputes between you and other users and respond as necessary to enforce these Terms.

Please note that any information you share through your newsfeed or profile (subject to certain privacy settings) will be seen by others and may be used and re-shared by such users on and outside of Mooyi, so be mindful as to what you choose to share, and do not share in this manner any content or information that is confidential, that you do not want others to see or use, or that is subject to third party rights. MOOYI IS NOT RESPONSIBLE FOR A USER'S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, UPLOAD, OR TRANSMIT VIA THE SERVICE UNLESS OTHERWISE EXPRESSLY AGREED BY GROUNDIBLE PURSUANT TO A SEPARATE WRITTEN AGREEMENT.

By registering as a Mooyi member, you agree to receive communications from Mooyi related to the Services based on the contact information you provide us, including through our messaging tools and email. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You may opt-out of receiving certain communications from Mooyi as described in our Privacy Policy.

Purchases

If you wish to purchase any available Service, you may be asked to supply certain information relevant to your Purchase, including but not limited to your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment methods in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services to facilitate payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected

Mooyi, in its sole discretion and at any time, may modify subscription fees for the Subscriptions. Any subscription fee change will become effective at the end of the then-current Billing Cycle.

We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

We may use third-party Service Providers to monitor and analyse the use of our Service.

Links to or Connections with Third-Party Sites or Applications

Our Services or communications to you may contain third-party content or links to third-party sites, applications, or services (collectively, 'Third Party Content'). Our Services may also include features that allow you to connect your Account with accounts or services provided by third parties ('Third Party Services'). We do not control, maintain, or endorse the Third Party Content or Third Party Services, and we are not liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the Third Party Content or Third Party Services providers, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy notice and terms of service. We are not responsible for any information you agree to share with third parties connected with Third Party Content or Third Party Services. No information on this website is intended to amount to advice, recommendation, or inducement to use any facilities or other health-related products

Intellectual Property

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected] with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

Procedure for Copyright Infringement Claims

You may submit a notification by providing our Copyright Agent with the following information in writing.

  • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at [email protected]

Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN.

MOOYI WILL DO WHATEVER IT TAKES TO PROTECT USER INFORMATION. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, ERROR-FREE, OR UNINTERRUPTED, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of Terms and conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Nigeria, which governing law applies to the agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

Amendments of Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use Service.

Waiver And Severability

No waiver by the Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Website, or anyone who may be informed of any of its contents.

Furthermore, information on the Service may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes in such information at any time without notice. Provided that such changes shall not affect the User’s ability to access or use the Service

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content other than the content provided by Mooyi are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Mooyi. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Services

The Service is intended for use by Mooyi. The information made available through the Service is provided for informational purposes only and is not intended as a substitute for your professional judgement. You are solely responsible for your decision to use the Service, evaluating the information obtained through the Service, and for your decision to use such information. Your use of the information obtained through the Service is solely at your own risk, and you agree that Moooyi and its licensors are not responsible or liable for any claim, loss, or damage arising from your use of such information. You may have the opportunity to access and send your client' Up-To-Date educational materials made available through the Service. By accessing these materials, you agree to UpToDate's Terms and Conditions.

The parties acknowledge and agree that the Company has no obligation to make any commitment of work, time, or compensation to the User.

Your Account

You agree to (1) choose a strong password and keep it secure and confidential; (2) not permit others to use your login credentials to access your Mooyi account and (3) refrain from accessing another Mooyi member’s account. You agree you are solely responsible for your account. If you believe there has been unauthorised access to your account, you must change your username and password and notify us immediately. To close your account, please contact us at [email protected] As between you and others (including your employer), your account belongs to you. However, if you use a paid Service pursuant to an Enterprise Agreement, as described above, that enterprise will have the right to control access to and obtain reports on your use of the paid Service.

Use of Account and Responsibilities

The Provider acknowledges that the Company will not be held liable for any loss or damage incurred as a result of unauthorised use of their account without consent and/or knowledge. The Professional accepts sole and full responsibility arising from any activity done as a result of unauthorised use of the Account.

The User accepts to be held liable and responsible for any damage or loss incurred as a result of the use of his/her Account by any person, whether authorised by the User or not and also accepts to indemnify the Company for any such damage or loss.

The Provider accepts not to have more than one account or use the account of any other person for any reason at all. The Provider attests that the Platform, including the VCS, is solely for the Professional and not on behalf of any other person or organisation.

The Provider accepts not to make use of the Platform for the posting, sending or delivering of unsolicited email, advertisement or promotion of goods and services; or become threatening, abusive, vulgar, obscene, racist, unlawful, or sending potentially harmful content or sexual in nature.

The Provider shall indemnify the Company against all claims and liabilities arising from; the use of the Platform, unauthorised access or activity of his/her account, the violation of any of the provisions of this Agreement, non-payment for any services provided through the Platform, violation of any third-party rights, including, without limitation, any intellectual property rights, publicity, confidentiality, property or privacy right. This clause shall survive the termination of this Agreement.

Modifications, Termination, Interruption and Disruptions to the Platform.

The Company may attempt to modify, terminate, suspend, interrupt, disrupt, or discontinue the Professional’s access to the Platform, partially or totally, either to all Users or to the Professional specifically, with or without notice. The Professional acknowledges that the Company will not be held liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions. For the removal of any doubt, the Company may terminate or prevent the Professional use of the Platform and any services provided through the Platform (including but not limited) at its sole discretion for any reason and for any period of time.

The Company shall make reasonable efforts to ensure that the Platform is accessible and reliable, but the Professional understands and agrees that no platform guarantees 100% reliability and accessibility and so the Company cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

There shall always be reviews and changes to this Agreement. The Professional is encouraged to review the terms of this Agreement frequently, as there may be modifications to this Agreement. Using the Platform after the changes are effective means the Professional agrees to be bound by the modified Agreement. Unless otherwise specified by the Company, all modifications shall be effective upon posting. If the Professional does not agree to the changes, he/she must terminate access to the Platform and participation in its services.

Fees, Payments and Compensation

In consideration of the Services rendered by the Professional, the Company shall pay to the Professional an agreed sum as fees, as determined by the Company, which may be changed at the sole discretion of the Company.

All expenses incurred by the Professional in the course of performing the Services under this Agreement shall be borne by the Professional.

The Company shall bear no responsibility to make deductions or withholdings for tax, insurance, or any other similar charges with respect to the Professional. The Provider acknowledges responsibility for all payments and remittances and shall indemnify the Company for any costs incurred as a result of failure to make such payments and remittances.

The Provider shall not be entitled to employment benefits in the traditional sense made available to employees of the Company, including but not limited to, disability coverage, vacation pay, health or dental insurance, retirement benefits or minimum wage.

Covenants, Warranties and Representations

  • The Provider confirms that he/she is at least 18 years of age and that he/she is legally able to enter into a contract.
  • The Provider covenants and agrees that he/she shall be the person actually performing the Services, and shall exercise all the skill, care, and due diligence in performing such Services. The Professional shall not be permitted to be represented by another individual without the express prior written consent of the Company.
  • The Provider agrees to render Services under this Agreement to the best of his/her ability and in a diligent, competent, and professional manner. The Provider warrants that he will remain free of any obligations and restrictions that would interfere with the performance of this Agreement.
  • The Provider confirms and agrees that all the information provided through the Platform, and all information that will be provided in the future, is accurate and competent and that during the term of this Agreement, he/she will make sure to update this information so it will continue to be accurate and competent. The Professional accepts not to misrepresent themselves, or mislead Users to believe they can provide a service which is alien to the Professional’s field of licensed expertise.
  • The Provider agrees to provide an accurate representation of his/her skills, degrees, qualifications, background, and other information. The Professional agrees to not perform any Services or offer any advice in any jurisdiction where he/she is not authorised or licensed to do so. The Professional also agrees not to provide any Services without a licence in the relevant field of expertise, abiding by all relevant laws, rules, and regulations, including but not limited to rules of ethics and professional responsibility
  • Professional will provide immediate written notice to the Company of any commencement or resolution of any investigation or proceeding by any licensing authority, governmental body or agency, any action of malpractice which is commenced, adjudicated or settled, or any change in status of his/her licence.
  • The Professional agrees to ensure compliance with all applicable laws, rules and regulations, or policies imposed by an applicable regulatory or governmental authority in the course of the performance of Services.

Non-Disclosure

The Provider accepts not to disclose any Confidential Information without the consent of the Company except as may be required by any law or regulation; and In the course of rendering services or performing obligations and responsibilities under this Agreement, the Professional agrees not to disclose confidential information, including but not limited to business, financial, technical, and other information, belonging to the Company, Users or other third parties to whom the Company has an obligation of confidentiality or non-disclosure. The Professional acknowledges and accepts to respect such confidentiality by implementing appropriate security measures to keep such information confidential.

THE PROVIDER LACKS THE AUTHORITY TO ENTER INTO ANY CONTRACT OR COMMITMENT IN THE NAME OF, OR ON BEHALF OF THE COMPANY, OR REPRESENT HIMSELF AS A PARTNER, JOINT VENTURER, AGENT, OR EMPLOYEE OF THE COMPANY.

This Agreement shall be effective as of the Effective Date and shall continue thereafter unless and until terminated in accordance with this Agreement

Assignment

The Provider acknowledges and agrees not to assign, delegate, or transfer any obligations, rights and responsibilities under this Agreement without the express consent of the Company. Any transfer without written consent from the Company is null and void. The Company may freely transfer or assign this Agreement or any of its obligations at its sole discretion.

Severability

If any provision or any part of any provision hereof is inconsistent or deemed invalid to the interpretation or operation of any law, the invalidity of such provision or such part shall not affect the validity of the entire agreement, any other provision or the remainder of such provision hereof. All other consistent provisions hereof which are otherwise lawful and valid shall remain in full force and effect.

Notices

We may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first-class mail or pre-paid post to any address connected with your Account.

Such notice shall be deemed to have been given upon the expiration of 48 (forty-eight) hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 (twelve) hours after sending (if sent by email or telephone). You may give notice to Us, with such notice deemed given when received by Mooyi at any time by first class mail or pre-paid post to our registered office address for service of process or email for general communication.

Notices sent to the Company must be delivered by email to [email protected].

Miscellaneous

The Company has unchallenged authority and discretion to remove posts or refuse to post any content which is deemed inappropriate or inconsistent with the Company’s values, vision, and goals. The Company reserves the right to remove any content at its sole discretion.

The information provided by the Provider via the Platform, including, but not limited to, personal information, photograph, qualifications and credentials and experience, may be used for advertisement, either by the Company or third-party websites for the purpose of promoting the Platform. Promotion may include using the Professional’s name, photograph and profile in thirty-party provider directories that promote the Company.

You hereby grant us the right to conduct any investigation, in any manner, we deem fit, on your background and operations, including but not limited to background checks, and conduct quality assurance exercises at any time, either directly or through a third party. The Company possesses the authority to review the Provider’s activities with Users, administer and monitor activity between Professionals and clients, and verify the accuracy of the Professional’s personal profile, credentials, and qualifications. In addition, you hereby give us your consent to disclose the details of any investigation conducted pursuant to this clause, professional bodies, regulatory authorities, or security agencies without recourse to you.

The Provider acknowledges that they have read and understand the terms contained in this Agreement. You are advised to seek further legal advice if needed, for clarification purposes.

The Provider acknowledges that they have read and understand the terms contained in this Agreement. You are advised to seek further legal advice if needed, for clarification purposes.

How to contact us

If you have questions or comments about Mooyi Terms and Conditions, please email us at [email protected]

You may provide us directly at [email protected] with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).

Or write to us at

[email protected]

ATTN: Data Protection Department

Lagos, Nigeria.

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