Terms of Service
1. Introduction
Please read these terms and conditions carefully before using the Ekesquare mobile application (“App”) or www.ekesquare.com (the "Website") operated by Ekesquare Limited ("Company”, “Us", 'We", "Our").
2. Your Acceptance of this Agreement
These terms of service apply to You, the user of this application, and Us, the owner and operator of the App. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively "Terms of Service"), govern your access to and use of the App or Website including any content, functionality, and services offered on or through the App or Website.
Please read the Terms of Service carefully before you start to use the App or Website.
By using the App or Website, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the App or Website.
You must be at least 13 years old to use this App or Website. However, children of all ages may use the App or Website if enabled by a parent or legal guardian. If you are under 18, you represent that you have your parent or guardian's permission to use the App or Website. Please have them read these Terms of Service with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the App or Website, you are subject to the terms of these Terms of Service and responsible for your child's activity on the App or Website. Ekesquare assumes no responsibility for liabilities related to age misrepresentation.BY ACCESSING AND USING THIS APP OR WEBSITE, YOU:
ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE;
REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,
AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.
3. Updates to Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App or Website thereafter.
Continuing to use the App or Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this App or Website, so you are aware of any changes, as they are binding on you.
4. Your Responsibilities
You are required to ensure that all persons who access the App or Website are aware of this Agreement and comply with it. It is a condition of your use of the App or Website that all the information you provide on the App or Website is correct, current, and complete.
You are solely and entirely responsible for your use of the App or Website and your computer, internet, and data security.
5. Prohibited Activities
You may use the App or Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the App or Website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the exports of data software to and from Nigeria or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other persona or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which as determined by us, may harm the Company or users of the website, or expose them to liability.
Additionally, you agree not to:
- Use the App or Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the App or Website, including their ability to engage in real-time activities through the App or Website.
- Use any robot, spider, or other automatic device, process, or means to access the App or Website for any purpose, including monitoring or copying any of the material on the App or Website.
- Use any manual process to monitor or copy any of the material on the App or Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the App or Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App or Website, the server on which the App or Website is stored, or any server, computer, or database connected to the App or Website.
- Attack the App or Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempting to interfere with the proper working of the App or Website.
6. Intellectual Property Rights
You agree that all materials, products, and services provided on the App or Website are the property of the Company, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute Our intellectual property in any way, including electronic, digital, or new trademark registrations.
You grant the Company a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, You should contact the Company in order to come to an agreement.
7. Our Rights
We have the right, without provision of notice to:
- Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorised use of the App or Website; and
- Terminate or suspend your access to all or part of the App or Website for any or no reason, including, without limitation, any violation of these Terms of Service.
YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES
8. Third-Party Links and Content
For your convenience, this App or Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this App or Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
9. Online Orders
All orders, purchases or transactions for the sales of goods, digital products, or information made using this App or Website are subject to the following additional terms and conditions of sale:
- You may not order or obtain goods, digital products or information from this App or Website if you: (i) are prohibited from accessing or using this App or Website or any of its contents, goods, digital products or information by applicable law or (ii) you are outside the geographic region where the goods, digital products or information are available for purchase;
- You agree that your order is an offer to buy, under these Terms of Service, all goods, digital products, or information listed in your order. All orders must be accepted by us or we will not be obligated to sell such goods, digital products or information to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered; and
- All prices, discounts, and promotions posted on this App or Website are subject to change without notice. The price and currency charged for a goods, digital products or information will be the price and currency advertised on this App or Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price and currency charged will be clearly stated in the shopping cart before you confirm your purchase. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total pricing and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Where an order indicates a license is being purchased:
- All uses on this Website of the terms "sell", "sale", "resell", "resale", "purchase", "price", and the like mean the purchase or sale of a license;
- Each good, digital product or information marketed as such on this App or Website is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license Terms of Service posted with or made available to you at /license;
- You will comply with all terms and conditions of the applicable license Terms of Service for any goods, digital products or information you obtain through this App or Website, and you will not cause, induce, or permit others' non-compliance with the terms and conditions of any of license Terms of Services for the goods, digital products or information; and
- Except for the limited license granted under the relevant license Terms of Service, nothing in these Terms of Service grants any right, title, or interest in or to (including any license under) any intellectual property rights in or relating to, the good, digital product or information, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the good, digital product or information are and will remain with Company or its licensors, as applicable.
Shipments & Delivery.
- We will arrange for shipment of the goods to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
- Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
10. Payment and Fees
You may be required to purchase or pay a fee to access our services. We accept Mastercard, Visa and Verve for all purchases. However, the Company does not guarantee the availability of any payment method at any moment and the Company may add, remove, or suspend any payment method temporarily or permanently at Company's sole discretion. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the App or Website and to promptly update account and payment information, including email address, payment method, and payment card expiration date, in order to complete your purchases and contact you as needed. The total price will also include the taxes applicable on the date of purchase and this will be included upon confirmation of your order. We may change prices at any time. All payments shall be in NGN.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorise us to charge your chosen payment provider for any such amounts upon making your purchase.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the App Website.
11. Return and Refund
If you have any questions concerning our return policy, please contact us at: mail@ekesquare.com.
12. Disclaimers, Liability and Indemnification
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP OR WEBSITE, ITS CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE APP OR WEBSITE IS AT YOUR OWN RISK. THE APP OR WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE APP OR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODEHow We Limit Our Liability to You
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE UNDER THESE TERMS OF SERVICE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Service or your use or inability to make use of the App or Website including, but not limited to, third-party sites and content, any use of the App or Website's content and services other than as expressly authorised in these Terms of Service or any use of any goods, digital products and information purchased from this App or Website.13. Privacy Policy
Your provision of personal information through the App or Website is governed by our privacy policy located at here .
14. Service Interruptions
The Company may from time to time interrupt your access or use of the App or Website to perform maintenance or emergency services and you agree that the Company shall not be held liable for any damage or loss which may arise thereof.
15. Termination/Restriction of Access
We reserve the right to, at our sole discretion, terminate your access to the App or Website and the related Service or any part thereof at any time, for any reason and without notice. We shall also have the right to terminate or suspend your account for violating these Terms of Service. If you register with us, you may terminate this Service by issuing a prior notice to us. Once this is done, you will no longer be bound by the provisions of these Terms of Service.
16. Governing Law
These Terms of Service and any dispute arising therefrom will be governed and construed in accordance with the laws, regulations or guidelines of the Federal Republic of Nigeria and other treaties, or regulations which are applicable in Nigeria.
17. Severability
If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.
18. Entire Terms of Service
These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Services, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of the Company.
19. Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
20. Notice
We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the App or Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under these Terms of Service, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to [ADDRESS]; (ii) by email atmail@ekesquare.com.
We may update the address for notices to us by posting a notice on the App or Website. Notices provided by personal delivery will be effective immediately once personally received by an authorised representative of the Company. Notices provided by overnight courier or registered or certified mail will be effective once received and where confirmation has been provided to evidence the receipt of the notice. Notices sent by email will be effective once such email has been sent to and acknowledged by the Company.