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Terms of Service

UPDATE.NGAFRICA · Applies to website and app users · Contact legal@updateng.africa

1. INTRODUCTION

Welcome to UPDATE.NGAFRICA (“Company”, “we”, “our”, or “us”).

These Terms of Service (“Terms”) govern your access to and use of our website, mobile application, software, products, digital platforms, and all related services (collectively referred to as the “Services”).

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue use of our Services.

USER REPRESENTATIONS AND WARRANTIES

By using the Service, you represent and warrant that:

If you register yourself as a representative of a legal entity, you are authorized by the company to enter into an agreement with us and with users of the Platform;

  • You will or have provided true, accurate, and complete information in your Account

You will update your information on your Account to maintain its truthfulness, accuracy, and completeness;

You will immediately change data for access to the Platform if you have a suspicion that your Account access details were disclosed or probably used by the third parties;

  • You will notify the Administrator of any unauthorized access to your Account

You will not provide any false or misleading information about your identity or location in your Account;

  • You will use the Service in strict abidance by applicable laws, regulations, rules, guidelines
  • You will not use the Service for any illegal or unauthorized purpose

You will not post on the Platform announcements that offer for sale or exchange any Prohibited Items.

You will not post on the Platform announcements that infringe other person’s rights or interests, including any intellectual property rights or any other personal or proprietary rights of any third party.

  • You will not post on the Platform announcements that include:
  • false, misleading or deceptive statements
  • personal or identifying information about minors or other persons without the proper consent
  • pornographic, overtly sexual materials

depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition;

defamatory, discriminatory, mean-spirited, threatening or harassing, improper, unacceptable materials, vulgar or abusive language;

  • advocacy of hate, violence, discrimination, racism, xenophobia, ethnic conflicts
  • appeals to violence and unlawful actions
  • offers of prostitution or other services contradicting moral or legal norms
  • services, provision of which is prohibited by the applicable law
  • information of solely promotional nature with no offers of specific goods or services

counterfeit and imitated goods or unauthorized copies. Unauthorized copies include also goods having been acquired by illegal means, pirated or stolen; and

direct or indirect references to any other web sites, references, or information about websites competing with the Platform;

You will not use software and pursue any other actions aimed to interference with the normal operation of the Platform;

You will not promote or distribute unsolicited commercial emails, chain letters, Ponzi schemes through the Platform or by any other means towards other users of the Platform;

  • You will not copy, modify, distribute any other User Content without consent of the respective user

You will not harvest or otherwise collect information about users, including email addresses, phone numbers, without their consent or otherwise violate the privacy of another person;

You will not download, store, post, distribute and provide access to, or in any other way use worms, viruses, trojans, and other malware;

  • You have a legal title to the items offered for sale in your announcement; and

You have the necessary license or are otherwise authorized, as required by applicable law, to offer for sale, to advertise, and distribute goods described in your announcement.

ELIGIBILITY

To use our Services, you represent and warrant that:

You are at least 18 years old or have the legal capacity to enter into a binding contract under the laws applicable to you.

Any information you provide is true, accurate, complete, and current.

You will comply with all applicable laws and regulations in your use of the Services.

OUR SERVICES

The Platform is an online service that allows users to create and publish announcements, to view announcements published by other users, to communicate with other users using the contact details provided in the announcements.

The Administrator itself is not an importer, manufacturer, distributor, or seller of any item, as well as not a provider of any service posted by users on the Platform. In addition, the Administrator is neither a marketer nor a person acting on user's behalf with respect to the marketing of any goods or services posted on the Platform. The actual sale and purchase contracts or services contracts are entered into directly between the users, and the Administrator itself is not a party to such transactions. The Administrator provides users with an opportunity to communicate.

Users shall be solely responsible to collect and remit any applicable taxes resulting from the sale of their goods or services posted on the Platform.

The Administrator reserves a right to delete or block access to announcements posted by users without any notice in the event of: (i) receiving of mandatory judgments of competent public authorities; (ii) claim of a holder of intellectual property rights to terminate infringement of his/her rights by a user on the Platform; (iii) infringements of rights or legal interests of other users, legal entities, or individuals upon their reasonable request; (iv) detecting that announcement posted by user on the Platform breaches these Terms or any applicable law, regulation, rule or standard.

The Administrator is authorized to delete or block announcements of users regardless of providing a user with the relevant substantiation.

The Administrator retains the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Administrator’s actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Administrator has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.

Each user of the Service is solely responsible for any and all his or her User Content (as defined below). Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such user. You agree that the Administrator will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.

The Service may contain links to third-party websites, services, resources, and advertisements for third parties, including without limitation, offers from local banks and other financial institutions (collectively, "Third Party Ads"). Such Third-Party Ads are not under the control of the Administrator and the Administrator is not responsible for any Third-Party Ads. The Administrator provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by online properties to which the Third Party Ads lead, may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such online properties. When you link to third party online properties, the applicable service provider's terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-Party Ads that are found on or through the Service, including payment and delivery of related goods or services, are solely between you and such third party.

You hereby release us, our officers, employees, agents, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any Service users or any Third Party Ads.

  • The Company provides the following services but not limited to:
  • Laundry Service
  • Bill Payment
  • Food Purchase
  • Gas(cooking) Purchase
  • Grocery Purchase
  • Car Purchase

USER ACCOUNTS

Where registration is required, you agree to:

  • Provide accurate information
  • Maintain the confidentiality of your login credentials
  • Notify us immediately of any unauthorised use of your account

Accept responsibility for all activities carried out under your account.

We reserve the right to suspend or terminate accounts that violate these Terms.

6. USER OBLIGATIONS

You agree to:

  • Use the Services only for lawful purposes
  • Respect the rights of other users
  • Comply with all applicable laws and regulations
  • Refrain from engaging in fraudulent, abusive, or harmful activities

Cooperate with the Company in resolving disputes relating to your use of the Services.

7. INTELLECTUAL PROPERTY

All intellectual property rights in the Services, including but not limited to:

  • Logos
  • Trademarks
  • Trade names
  • Software
  • Source code
  • Designs
  • Databases
  • Content
  • Graphics
  • Documentation
  • Business methods

remain the exclusive property of the Company or its licensors.

Nothing in these Terms transfers ownership of any intellectual property to users.

9. INDEMNITY

You agree to indemnify and hold the Administrator, its successors, subsidiaries, affiliates, related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of: (i) your use of the Platform; (ii) your User Content; (iii) your violation of any representation, warranty, covenant, or obligation stipulated in these Terms; (iv) your violation of any applicable law, industry-standard, regulation, guideline, rule; (v) any transaction entered into by you via the Platform or your violation of terms of such transaction. The Administrator reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

10. LIMITATION OF LIABILITY

In no event shall we (and our affiliates) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms or your use of, or inability to use, the service, or third-party ads, even if we have been advised of the possibility of such damages. access to, and use of, the service, and third-party ads are at your own discretion and risk, and you will be solely responsible for any damage to your computing system or loss of data resulting therefrom.

11. USER-GENERATED CONTENT

Where users submit content, they:

  • Warrant that they own or have permission to use such content

Grant the Company a non-exclusive, worldwide licence to host, display, reproduce, and use the content solely for providing the Services;

  • Remain responsible for the legality of such content.

The Company reserves the right to remove content that violates these Terms.

12. CONFIDENTIALITY

Any confidential information exchanged between the Parties shall remain confidential unless disclosure is:

  • Required by law
  • Authorised in writing
  • Already publicly available through lawful means.

13. PRIVACY

Information you submit to us as part of your registration, and any data, text, pictures and other materials that you may submit or post on the Platform (the “User Content”) remain your intellectual property, and the Administrator does not claim any ownership of the copyright or other proprietary intellectual property rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that the Administrator may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.

By listing products on our platform, you grant us a non-exclusive, royalty-free, irrevocable, sublicenseable right to use your publicly available listing content (including, but not limited to, descriptions, images, and pricing) for promotional purposes, including featuring your listings in content created by independent third-party influencers across social media platforms. You acknowledge and agree that we may conduct marketing trials featuring your listings content at our sole discretion without prior notice to test new features that may later be offered, including for our own marketing and promotional purposes. This includes featuring your listings in overviews of our Services and its functionalities created by independent third-party influencers. Please note that listing's inclusion in promotional content does not constitute our endorsement, and you remain solely responsible for the accuracy of your product information and quality of goods sold. Also note that influencers create promotional content independently based on their own creative judgment. While we may provide, at our sole discretion, influencers with standardized best-practice guidelines, we assume no liability for content created by influencers. You grant the Administrator the non-exclusive, worldwide, transferable, perpetual, irrevocable right to copy, modify, adapt, store, publish, distribute, publicly display and perform, communicate and make available to the public the User Content in connection with the Service, including to use and make the User Content public on the affiliated web-site, as well as for the Administrator’s marketing, advertising, and other purposes.

You agree, and represent and warrant, that your use of the Service, or any portion thereof, will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties.

Materials on the Platform, except those posted by the user, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. ("Materials") and trademarks, service marks and logos included in it ("Marks") belong to or are licensed by the Administrator representing items of copyright and of any other intellectual property rights. Any use of such Materials and Marks without prior notice of the Administrator is not allowed.

Notice for Claims of Intellectual Property Violations and Copyright Infringement

If you are a holder of intellectual property rights or a person authorized to act in the name of a holder of intellectual property rights and you reasonably believe that information that is posted to the Platform someway infringes your intellectual property rights or intellectual property rights of a person, in which name you act, you may provide notification to the Administrator requiring to delete such material. In this regard, you shall warrant that your appeal has a legal basis, and you act in good faith according to law.

When providing relevant notification concerning infringement of rights you shall ensure that your request corresponds to the form below and includes the following:

an appeal should include the physical or electronic signature of a person empowered for acting in the name of a holder of the right, which is believed to be infringed;

the objects of intellectual property right, rights on which were supposedly infringed, shall be specified. If several objects exist, the entire list of such items shall be provided;

you shall specify materials (with an indication of specific URL-pages), which are stated to infringe rights or themselves are the objects of infringement;

you shall provide contact information so that the Administrator would be able to contact you, for example, address, phone number, and email address;

signed application with regard to your faithful and reasonable belief in those materials being the objects of complaint concerning infringement of intellectual property rights are used without a right holder’s or its representative’s consent, and also that this is not allowed by law;

signed application with regard to that a holder of intellectual property rights releases the Administrator from any third parties' claims related to deletion of relevant materials by the Administrator;

signed application with regard to that information contained in a notification is accurate under penalty of perjury, and you are authorized to act in the name of a holder of the exclusive right, which has been supposedly infringed;

  • statutory regulations which you believe to be violated in connection to using of disputable content
  • state, in which territory you believe the rights to be infringed

copies of documents establishing rights for an object of intellectual property right, which is subject to security, as well as a document that confirms powers for acting in the holder’s name, in attachments to your appeal.

The relevant notification shall be sent to email legal@updateng.africa

Your personal information shall be collected, stored, processed, and used in accordance with our Privacy Policy and applicable Nigerian data protection laws.

14. THIRD-PARTY SERVICES

Our Services may contain links to third-party websites or services.

The Company:

  • Does not control third-party platforms
  • Is not responsible for their content or practices

Does not endorse third-party products unless expressly stated.

Your use of third-party services is at your own risk.

15. DISCLAIMERS

The Services are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including warranties relating to:

  • Merchantability
  • Fitness for a particular purpose
  • Accuracy
  • Availability
  • Non-infringement.

15. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, the Company shall not be liable for:

  • Indirect losses
  • Consequential losses
  • Loss of profit
  • Loss of business
  • Loss of data
  • Loss of goodwill
  • Business interruption.

Where liability cannot be excluded, the Company’s total liability shall not exceed the amount paid by the user for the Services in the preceding twelve (12) months.

16. SUSPENSION AND TERMINATION

The Company may suspend or terminate your access immediately if:

  • You breach these Terms
  • Your activities threaten the security of the Services
  • Required by law
  • Necessary to protect other users or the Company.
  • Termination shall not affect accrued rights or obligations.

17. FORCE MAJEURE

The Company shall not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, strikes, civil unrest, governmental actions, internet outages, or power failures.

18. CHANGES TO THESE TERMS

The Company may amend these Terms from time to time.

Material changes shall be communicated through our website, email, or other appropriate means.

Continued use of the Services after such changes constitutes acceptance of the revised Terms.

19. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

20. DISPUTE RESOLUTION

The Parties shall first seek to resolve disputes through good-faith negotiations.

If unresolved within thirty (30) days, the dispute may be referred to mediation.

Where mediation fails, either Party may commence proceedings before the courts of competent jurisdiction in Nigeria.

21. SEVERABILITY

If any provision of these Terms is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect.

22. WAIVER

Failure by the Company to enforce any provision of these Terms shall not constitute a waiver of its rights.

23. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between the Company and users regarding the Services.

24. CONTACT INFORMATION

For enquiries regarding these Terms, please contact:legal@updateng.africa

ACKNOWLEDGEMENT

By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.

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