As of the 21st of June 2022.
TERMS OF USE
Please read these Terms of Use carefully before using this App.
GENERAL TERMS
These Terms of Use set out the rights and obligations that apply to any party (“Customer ”) using any of the services or software application (“Services”) provided by Happivibe Integrated Services Ltd or any of its affiliates (collectively, “Happivibe”). They apply to all visitors, users, and others who access or use the Service.
By accessing and using this Website, you confirm that you agree with and are bound by the terms of services contained in the Terms of Use outlined below. These Terms apply to the entire website and any email or other type of communication between the Customer and Happivibe. If you disagree with any part of these Terms of Use, you may not access the website .
Under no circumstance shall Happivibe be liable for any direct, indirect, special, or consequential damages, including, but not to, loss of data or monies, arising out of the use, or the inability to use this website. These Terms of Use may be updated by Happivibe from time to time upon reasonable notice, which may be provided via Customer’s account or e-mail.
LICENSE
Happivibe grants the Customer a revocable, non-exclusive, non-transferable, license to download, install and use this website strictly in accordance with these Terms.
These Terms of Use are a contract between the Customer and Happivibe. It grants the Customer a revocable, non-exclusive, non-transferable, license to download, install and use this website strictly in accordance with these Terms.
DEFINITION AND KEYS
For these Terms of Use, the following definitions shall have the same meaning regardless of whether they appear in singular or plural.
Company: when this Agreement mentions "Company", "we", "us" or "our" it refers to Happivibe, a company incorporated under the laws of the Federal Republic of Nigeria with its registered office address at Plot 20/5 Niger Road, Fegge Onitsha Anambra State.
Affiliate: an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
Country: refers to Nigeria.
Customer: refers to the company, organization, or person that signs up to use the website.
Device: refers to any internet-connected device such as a phone, tablet, computer, or any other device that can be used to access the website and use the services.
Terms of Use (also referred to as "Terms"): refer to these Terms of Use that form the entire agreement between the Customer and the Company regarding the use of the website or service.
Service: refers to the service provided by the website as described on the platform.
Personal Data: any information that directly, indirectly, or in connection with other information (including a personal identification number) that allows for the identification or identifiability of a natural person.
Third-Party Service: means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the website.
Website: the Company’s site. Which can be accessed via its URL.
You: a person or entity that is registered to use the website or service.
ACKNOWLEDGMENT
You represent that you are over the age of 13. The Company does not permit those under 13 to use its website or service. Your access to and use of the service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company.
Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the website . It also informs you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our website or service.
PROHIBITED ACTIVITIES
Do not use the Services to engage in or encourage any activity that is illegal, deceptive, harmful, violating others’ rights, or harmful to the Company’s business operations or reputation, including:
Violation of Laws: violating any applicable laws, regulations, or industry standards or guidance (collectively, “Applicable Laws”). This includes violating applicable laws requiring (a) consent be obtained before transmitting, recording, collecting, or monitoring data or communications or (b) compliance with opt-out requests for any data or communications.
Interference with the Services: an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
Falsification of Identity or Origin: creating a false identity or any attempt to mislead others as to the identity of the sender or the origin of any data or communications.
NO SERVICE INTEGRITY VIOLATIONS
Do not violate the integrity of the Services, including:
Bypassing Service Limitations - attempting to bypass, exploit, defeat, or disable limitations or restrictions placed on the services.
Security Vulnerabilities - finding security vulnerabilities to exploit the services or attempting to bypass any security mechanism or filtering capabilities.
Denial of Services - any denial of service (DoS) attack on the services or any other conduct that attempts to disrupt, disable, or overload the services.
Harmful Code or Bots - transmitting code, files, scripts, agents, or programs intended to harm, including viruses or malware, or using automated means, such as bots, to gain access to or use the services.
Unauhtorized Access attempting to gain unauthorized access to the services.
REGISTRATION, ACCOUNTS, AND PASSWORDS
You are responsible for the personal protection and security of any password or username you may use to access our website. You are responsible for all activity conducted on the website that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service.
If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately. We reserve the right to access and disclose any information, including usernames of accounts, and other information to comply with applicable laws and lawful government requests.
TERMS OF PAYMENT
The prices of our services are listed on the website. Payment must be in made in full through the provided mediums before services are delivered.
INDEMNIFICATION
You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the website , (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) violation of any right of a third party.
The company reserves the right 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. You agree not to settle any matter without the prior written consent of the Company. The company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
TERM AND TERMINATION
Subject to this section, these Terms will remain in full force and effect while you use the website. We may, at our sole discretion, suspend or terminate your rights to use the website at any time for any reason, including for any use of the website in violation of these Terms.
Upon termination of your rights under these Terms, your Account and right to access and use the website will terminate immediately. You understand that any termination of your account may involve the deletion of any data or information associated with your Account from our live databases. The company will not have any liability whatsoever to you for any termination of your rights under these Terms.
ON-SITE INFORMATION ACCURACY
We do our best to ensure that information on the website is complete, accurate, and current. However, information on the website may occasionally be inaccurate, incomplete, or out of date. All specifications, descriptions, and prices on the website are subject to change at any time without notice. We will make all reasonable efforts to accurately display the attributes of the Equipment on the website . We do not warrant the accuracy or completeness of the information, content, or materials provided through the website.
THIRD-PARTY SERVICES
The website may contain links to third-party websites and services, and/or display advertisements for third parties. The company is not responsible for any Third-Party Links & Ads, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, quality, or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
The company provides access to these Third-Party Links & Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services. You use all Third-Party Services at your own risk and should apply a suitable level of caution and discretion in doing so.
When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
MODIFICATION TO OUR SERVICE
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the service or any service to which it connects, with or without notice and without liability to you.
CHANGES TO THESE TERMS OF USE
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.
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, in whole or in part, you will no longer be authorized to use our service.
GOVERNING LAW
The laws of the Federal Republic of Nigeria, excluding its conflict of law rules, shall govern these Terms and your use of the website. Your use of the website may also be subject to other local, state, national, or international laws.
DISPUTES RESOLUTION
If you have any concern or dispute about the website /service, you agree to first attempt to resolve the dispute through informal negotiation with the Company within sixty (60) days from the date notice of dispute is communicated to the Company. After sixty (60) days, you may commence arbitration.
Disputes will finally be resolved under the Arbitration and Conciliation Act, 2004 CAP. A18 of the Laws of the Federation of Nigeria, 2004 or any other statutory modification thereto by one or more Arbitrators appointed by both Parties in accordance with the aforementioned Act.
Where Parties fail to agree on the appointment of an Arbitrator, the Chief Judge of the High Court of Lagos shall appoint an Arbitrator for the Parties. The venue of the arbitration shall be Lagos, Nigeria. The language of the arbitration shall be English.
The award shall be final and binding on the Parties from the date it is made and judgment upon any award may be entered in any court having jurisdiction and the Parties undertake to implement the outcome of the arbitral award without delay.
SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
WAIVER
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
ENTIRE TERMS
These Terms constitute the entire agreement between you and us regarding the use of the website. You may be subject to additional Terms of Use that apply when you use other services from us, which we will provide to you at the time of such use.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation".
If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The company may freely assign these Terms. The Terms of Use outlined in these Terms shall be binding upon assignees.
YOUR PRIVACY
Please read our Privacy Policy.
INTELLECTUAL PROPERTY
Our platform and its entire contents, features, and functionality (including but not to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by us, its licensors or other providers of such material and are protected by law.
Our intellectual property may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express written permission from us, unless and except as is expressly provided in these Terms of Use.
COOKIES
We use ‘cookies’ to store information including visitors' and Customers’ preferences, and equipment that the visitor/Customer accessed or visited. The information is used to optimize the users’ experience by customizing suggestions or content based on visitors’ browser type and/or other information.
ELECTRONIC COMMUNICATIONS
The communications between you and Company will be through the use of electronic means, whether you use the website or send us emails, or whether the Company posts notices in the website or communicates with you via email.
For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were to be in a hard copywriting.
CONTACT US
If you have any questions about these Terms of Use, you can contact us:
By email: contact@happivibe.com
By visiting this page on our website: Contact Us