TERMS AND CONDITIONS OF USE

 

  1. Introduction

1.1        By logging onto this website, you agree to the exclusivity of the governance of all your activities on the website by Jebenu Limited.

1.2        By using Jebenu website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

1.3        If you register with this website, submit any material to it or use any of the Jebenu website services, you will be asked expressly to agree to these terms and conditions.

1.4        You must be at least 18 years of age to use this website; and by using this website or agreeing to these terms and conditions, you warrant and represent to Jebenu that you are at least 18 years of age.

1.5        This website uses cookies; by using this website or agreeing to these terms and conditions, you consent to Jebenu’s use of cookies in accordance with the terms of our privacy and cookies policy.

  1. Copyright notice

2.1        Copyright (c) 2018 Jebenu Limited

2.2        Subject to the express provisions of these terms and conditions:

(a)        we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)        all the copyright and other intellectual property rights in our website and the material on our website are reserved.

  1. Licence to use website

3.1        You may:

(a)        view pages from Jebenu’s website in a web browser;

(b)        download pages from Jebenu’s website for caching in a web browser;

(c)        print pages from Jebenu’s website;

(d)        stream audio and video files from Jebenu’s website; and

(e)        use Jebenu’s website services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2        Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from Jebenu’s website or save any such material to your computer.

3.3        You may only use Jebenu’s website for your own personal and business purposes, and you must not use the website for any other purposes that may commit third parties or make representations on behalf of Jebenu Limited.

3.4        Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on Jebenus website.

3.5        Unless you own or control the relevant rights in the material, you must not:

(a)        republish material from Jebenu’s website (including republication on another website);

(b)        sell, rent or sub-license material from Jebenu’s website;

(c)        show any material from Jebenu’s website in public;

(d)        exploit material from Jebenu’s website for a commercial purpose; or

(e)        redistribute material from Jebenu’s website.

3.6        Notwithstanding Section 4.5, you may redistribute Jebenu’s newsletter in print and electronic form to any person.

3.7        Jebenu reserves the right to restrict access to areas of its website, or indeed its whole website, at its discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on Jebenu’s website.

  1. Acceptable use

4.1        You agree not:

(a)        to use Jebenu’s website in any way or take any action that makes representations to third parties, cause, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)        to use Jebenu’s website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity either individually, collectively or corporately.

(c)        to use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)        to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to Jebenu’s website without its express written consent;

(e)        to access or otherwise interact with Jebenu’s website using any robot, spider or other automated means;

(f)         to violate the directives set out in the robots.txt file for Jebenu’s website; or

(g)        to use data collected from Jebenu’s website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2        You agree not use data collected from Jebenu’s website to contact or contract with third parties; individuals, companies or other persons or entities.

4.3        You agree to ensure that all the information you supply to Jebenu through its website, or in relation to our website, is true, accurate, current, complete and non-misleading.

  1. Registration and accounts

5.1        To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age and resident in Nigeria.

5.2        You may register for an account with Jebenu’s website by [completing and submitting the account registration form on Jebenu’s website, and clicking on the verification link in the email that the website will send to you.

5.3        You must notify Jebenu in writing immediately if you become aware of any unauthorised use of your account.

5.4        You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

  1. User IDs and passwords

6.1        If you register for an account with Jebenu’s website, we will provide you with / you will be asked to choose a user ID and password.

6.2        Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3        You must keep your password confidential.

6.4        You must notify Jebenu in writing immediately if you become aware of any disclosure of your password.

6.5        You are responsible for any activity on Jebenu’s website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  1. Cancellation and suspension of account

7.1       Jebenu Limited may with or without express or constructive notification:

(a)        Suspend your account;

(b)        cancel your account; and/or

(c)        edit your account details,

 

7.2        You may cancel your account on our website using your account control panel on the website.

  1. Your content: license

8.1        In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to Jebenu or its website for storage or publication on, processing by, or transmission via, Jebenu’s website.

8.2        You grant to Jebenu a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.

8.3        You grant to Jebenu the right to sub-license the rights licensed under Section 8.2.

8.4        You grant to Jebenu the right to bring an action for infringement of the rights licensed under Section 8.2.

8.5        You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

8.6        You may adjust your usage to the extent permitted using the editing functionality made available on our website.

8.7        Without prejudice to Jebenu’s other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  1. Activities

9.1        You warrant and represent that your activities on this website will comply with Jebenu Limited’s terms and conditions.

9.2        You agree not to engage in any form of illegal or unlawful activity, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

9.3        Your content, and the use of your content by Jebenu in accordance with these terms and conditions must not:

(a)        be libelous or maliciously false;

(b)        be obscene or indecent;

(c)        infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property rights;

(d)        infringe any right of confidence, right of privacy or right under data protection legislation;

(e)        constitute negligent advice or contain any negligent statement;

(f)         constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)        be in contempt of any court, or in breach of any court order;

(h)        be in breach of racial or religious hatred or discrimination legislation;

(i)         be blasphemous;

(j)         be in breach of official secrets legislation;

(k)        be in breach of any contractual obligation owed to any person;

(l)         depict violence, in an explicit, graphic or gratuitous manner;

(m)       be pornographic lewd, suggestive or sexually explicit;

(n)        be untrue, false, inaccurate or misleading;

(o)        consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)        constitute spam;

(q)        be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)         cause annoyance, inconvenience or needless anxiety to any person.

  1. Limited warranties

10.1      We do not warrant or represent:

(a)        the completeness or accuracy of the information published on Jebenu’s website;

(b)        that the material on the website is up to date; or

(c)        that the website or any service on the website will remain available.

10.2      Jebenu reserves the right to discontinue or alter any or all of its website services, and to stop publishing the website, at any time in Jebenu’s sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if Jebenu stops publishing the website.

10.3      To the maximum extent permitted by applicable law and subject to Section 12.1, Jebenu’s excludes all representations and warranties relating to the subject matter of these terms and conditions, Jebenu’s website and the use of the website.

  1. Limitations and exclusions of liability

11.1      Nothing in these terms and conditions will:

(a)        limit or exclude any liability for death or personal injury resulting from negligence;

(b)        limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)        limit any liabilities in any way that is not permitted under applicable law; or

(d)        exclude any liabilities that may not be excluded under applicable law.

11.2      The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)        are subject to Section 12.1; and

(b)        govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

11.3      To the extent that the website and the information and services on our website are provided free of charge, Jebenu will not be liable for any loss or damage of any nature.

11.4      Jebenu will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.5      Jebenu will not be liable to you in respect of any business losses, including (without 1limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.6      Jebenu will not be liable to you in respect of any loss or corruption of any data, database or software.

11.7      Jebenu will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.8      You accept that Jebenu has an interest in limiting the personal liability of its officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against its officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of Jebenu officers and employees).

  1. Breaches of these terms and conditions

12.1      Without prejudice to Jebenu’s other rights under these terms and conditions, if you breach these terms and conditions in any way, or if Jebenu’s reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)        send you one or more formal warnings;

(b)        temporarily suspend your access to our website;

(c)        permanently prohibit you from accessing our website;

(d)        block computers using your IP address from accessing our website;

(e)        contact any or all your internet service providers and request that they block your access to our website;

(f)         commence legal action against you, whether for breach of contract or otherwise; and/or

(g)        suspend or delete your account on Jebenu’s website.

12.2      Where Jebenu suspends, prohibits or block your access to its website or a part of its website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  1. Variation

13.1      Jebenu may revise these terms and conditions from time to time.

13.2      The revised terms and conditions shall apply to the use of Jebenu’s website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. Jebenu will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of the website from the date that you are given such notice; if you do not agree to the revised terms and conditions, you must stop using Jebenu’s website.

13.3      If you have given your express agreement to these terms and conditions, Jebenu will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as Jebenu may specify, we will disable or delete your account on the website, and you must stop using the website.

  1. Assignment

14.1      You hereby agree that Jebenu may assign, transfer, sub-contract or otherwise deal with rights and/or obligations under these terms and conditions.

14.2      You may not without the prior written consent of Jebenu assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

15.1      If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2      If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

16.1      These terms and conditions are for Jebenu’s benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.

16.2      The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

17.1      Subject to Section 12.1, these terms and conditions, together with [Jebenu’s privacy and cookies policy], shall constitute the entire agreement between you and Jebenu in relation to your use of our website and shall supersede all previous agreements between you and Jebenu in relation to your use of our website.

  1. Law and jurisdiction

18.1     This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria in force from time to time.

18.2     Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of courts within Lagos state of Nigeria.

 

  1. Our details

19.1      This website is owned and operated by Jebenu Limited.

19.2      We are registered in Nigeria under the Company and Allied Matters Act, 1990 and our registered office is at EXODUS BLOCK SHOP 19, ASPMDA TRADE FAIR COMPLEX, LAGOS, NIGERIA.

19.3      Our principal place of business is at EXODUS BLOCK SHOP 19, ASPMDA TRADE FAIR COMPLEX, LAGOS, NIGERIA.

19.4      You can contact us by writing to the business address given above, by using our website contact form, by email to INFO@JEBENU.COM or by telephone on 08039099191.

 

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