PLEASE READ THIS TERMS AND CONDITIONS OF USE (“THE TERMS”) BEFORE USING THIS WEBSITE (THE "WEBSITE") AND/OR THE MOBILE APPLICATION (“THE MOBILE APP”). THE TERMS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE MOBILE APP. THE WEBSITE AND/OR THE MOBILE APP IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE AND/OR THE MOBILE APP, YOU, YOUR REPRESENTATIVE OR/AND SUCCESSORS IN TITLE ARE BOUND BY THE TERMS.
Expidev Technologies Limited (hereinafter referred to as “ETL”) reserves the right to modify the Terms or its policies relating to the service or application at any time, effective upon posting of an updated version of the Terms either on the Website (“ the website “)and/ or the Mobile App (“ the mobile app”). You are responsible for regularly reviewing this Terms. Continued use of the Website and or the Mobile App after any such changes shall constitute your consent to such changes.
ETL is a technology services company that operates a website and mobile application called ‘CarryAm’ that will facilitate its Senders from posting items on the platform to be delivered to various locations by verified Carriers.
ETL agrees to provide access to the CarryAm portal (the “service”) to Senders to post items and select preferred Carriers, subject to the foregoing terms and conditions. For the purposes of these terms and conditions, the term “Agreement” shall mean collectively these terms and conditions set forth herein.
The Website and Mobile App provides specialized service with the purpose of optimizing logistics services and courier delivery services, however without creating any employee relationship with ETL, consequently ETL should be considered only as a service provider with the purpose of scheduling delivery services upon your request. Through the system, ETL allows you to sign up and to access our services in a more efficient manner other than the conventional existing methods. By your means, you can register on the Website or Mobile App through the "Registration" section, pending an evaluation from ETL and the necessary documentation.
The service rendered by us from time to time will be subject to these standard terms and conditions:
The Senders post items for Carriers on CarryAm to aid the Senders send items to persons in several destinations. Senders are: Individual senders and corporate senders
A Sender can sign up by using their email address or social media (Facebook or Twitter) account.
to this service will be able to log-in on the website at www.CarryAm.com or the mobile application upon completion of their registration. The mobile application will be live on iOs and Android.
The Sender can place an item on the site by uploading a description of the item and the delivery location. Please note that your personal information such as phone or email will not be displayed at the time of posting.
The Sender can set a budget price they are willing to pay for the service.
s can login at any time to check the items they have posted and adjust or update the information in the postings. They can review the description, budget and add or remove information. They will also be able to view and respond to messages and questions from carriers.
s can review each bid received from Carriers which will contain the bid amount and a link to the Carrier’s profile.
The can send the Carrier a message on the website or mobile app if required till an item is successfully delivered. Personal details of the Carrier such as email or phone number will not be displayed in the bidding process. s will not be able to send phone numbers or personal emails during the bidding process. The shall not have access to the Carrier’s personal information until they have selected the preferred carrier and. When the has confirmed the preferred carrier, the contact details of both and Carrier will now be visible to both parties for ease of communication. After the delivery has been confirmed in good condition neither party can access personal information of the other party.
After a bid is accepted, the will be required to make a payment to CarryAm (“Logistics Fee”). The Logistics Fee is the accepted bid plus service charge plus insurance fee. This can be done through the integrated payment partners and CarryAm wallet. The platform also offers cash-on-delivery options where payment is made by the receiver at the drop-off destination.
The will have the ability to cancel an accepted bid upon payment of the logistics fee. In this case, the User will be refunded the logistics fee less the cancellation fee.
The can track the location of any item upon the confirmation of a pickup by a Carrier. They will be able to track the item from pick-up until it arrives at the drop-off location and the Carrier confirms delivery.
The will be able to confirm delivery with a unique code in the application.
By using this Website and/or the Mobile App, you expressly represent and warrant that you are legally entitled to enter this Website and/or the Mobile App. The Website and/or Mobile App is not available to children (persons under the age of 18) except under guidance by their parents. You must abide by the policies on age limits governing these Terms. By using this Website or the Mobile App, you represent and warrant that you have the right, authority and capacity to be bound by the Terms. Your participation in using the Website and/or the Mobile App is for your sole and personal use. You may not authorize others to use your user status and you may not assign or otherwise transfer your user account to any other person or entity. When using the Website and/or Mobile App, you agree to comply with all applicable laws in Nigeria.
You may only access the service using authorized means. It is your responsibility to ensure you download the correct application for your device. ETL shall not be liable if you do not have a compatible device or if you have downloaded the wrong version of the Mobile App. ETL reserves the right to terminate these Terms should you be using the Mobile App with an incompatible or unauthorized device.
By using the Website and/or Mobile App, you agree that:
This Agreement may be terminated at any time by either party: (i) upon written notice if the other party breaches any material term of the Agreement and such breach remains uncorrected for thirty (30) days following written notice; or (ii) immediately, if the other becomes the subject of a voluntary or involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or similar action for the benefit of creditors as a consequence of debt, or if the other party otherwise ceases or threatens to cease business. Upon termination of the Agreement, the ETL shall be entitled to be paid for all work performed, including fees and expenses, up to the effective date of termination.
In consideration of the fees, ETL will provide the Services and Deliverables in a good and workmanlike manner and in accordance with generally accepted industry standards. SENDER AGREES THAT THE REMEDIES, EXPRESS OBLIGATIONS AND WARRANTIES HEREIN ARE EXCLUSIVE AND IN LIEU OF AND TO THE EXCLUSION (TO THE FULLEST EXTENT PERMITTED BY LAW) OF ANY OTHER REMEDY, WARRANTY, CONDITION, TERM, UNDERTAKING OR REPRESENTATION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATING TO ANYTHING SUPPLIED OR SERVICES PROVIDED UNDER OR IN CONNECTION WITH THE AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ETL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND STATUTORY OR OTHER WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE AGREEMENT AND ITEMS OR ACTIVITIES CONTEMPLATED UNDER THE AGREEMENT. ETL DOES NOT WARRANT THAT THE SERVICES SHALL MEET USER’S REQUIREMENTS OR THAT USE OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE.
To the extent that confidential and proprietary information of each party (“Confidential Information”) is exchanged and received in connection with the Services, each party agrees not to use the other party’s Confidential Information except in the performance of, or as authorized by, the Agreement, and not to disclose, sell, license, distribute or otherwise make available such information to third parties. Use by third-party contractors is permitted so long as such contractor has a need to know and is required to maintain the confidentiality of such information as required. “Confidential Information” includes (but is not limited to) Information but does not include: (i) information that was publicly available at the time of disclosure or that subsequently becomes publicly available other than by a breach of this provision; (ii) information previously known by or developed by the receiving party independent of the Confidential Information; (iii) information that the receiving party rightfully obtains without restrictions on use and disclosure; (iv) malicious code, commands, techniques, objectives, or other information of unauthorized third parties discovered during the course of the Services. (b) The receiving party may disclose the disclosing party’s Confidential Information: (i) to the extent required by applicable law or regulation; (ii) pursuant to an order of a court or regulatory, self-regulatory or legislative body of competent jurisdiction; (iii) in connection with any regulatory report, audit or inquiry; (iv) where requested by a regulator with jurisdiction over the receiving party. In the event of such a requirement or request, the receiving party shall give the disclosing party prompt written notice of such requirement or request prior to such disclosure and disclose only as much of the Confidential Information as is required. (c) Notwithstanding the foregoing, ETL may use certain information derived from the Services, once anonymized (“Anonymized Information”) for the following purposes: (i) preparing and distributing statistical reports related to security trends and data patterns; (ii) distributing Anonymized Information to the Users, in compiled or original formats, for the purposes of providing computer security information; and / or (iii) analysis; internal research, product or services development, or for providing general security-related services. Anonymized Information shall not include Personal Information (as defined below) or any information that could identify User.
By accepting these terms and by using the Website, the agrees that you shall defend, indemnify and hold ETL, its licensors, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
ETL alone (and its licensors, where applicable) shall own all rights, titles and interests, including all related intellectual property rights, in and to the Website and “or” Mobile App and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website and the Mobile App. These Terms are not a sale and do not convey to you any rights of ownership in or related to the Website and/or the Mobile App, or any intellectual property rights owned by ETL. ETL’s name, logo, and the product names associated with this Website and the Mobile App are trademarks of ETL, and no right or license is granted to use them.
The use of ETL's quality and Web Portal/App Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications which might be the most acceptable mode of operation. ETL shall not be held responsible for any delays, delivery failures, or other damage resulting from such problems.
This Agreement shall be governed and construed in accordance with the Laws of the Federal Republic of Nigeria.
The Parties shall endeavor to settle amicably any dispute arising from this Agreement, and any dispute which cannot be resolved amicably shall be referred to Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, Cap A18 LFN 2004 or any statutory re-enactment or modification thereof.s
PLEASE READ THIS TERMS AND CONDITIONS OF USE (“THE TERMS”) BEFORE USING THIS WEBSITE (THE "WEBSITE") AND/OR THE MOBILE APPLICATION (“THE MOBILE APP”). THE TERMS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE MOBILE APP. THE WEBSITE AND/OR THE MOBILE APP IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE AND/OR THE MOBILE APP, YOU, YOUR REPRESENTATIVE OR/AND SUCCESSORS IN TITLE ARE BOUND BY THE TERMS.
Expidev Technologies Limited (hereinafter referred to as “ETL”) reserves the right to modify the Terms or its policies relating to the service or application at any time, effective upon posting of an updated version of the Terms either on the Website (“ the website “)and/ or the Mobile App (“ the mobile app”). You are responsible for regularly reviewing this Terms. Continued use of the Website and or the Mobile App after any such changes shall constitute your consent to such changes.
ETL is a technology services company that operates a website and mobile application called ‘CarryAm’. This will facilitate its users from placing items on the platform to be delivered to several locations by carriers.
ETL agrees to provide access to the CarryAm portal (the “service”) to users through preferred carriers, subject to the foregoing terms and conditions. For the purposes of these terms and conditions, the term “Agreement” shall mean collectively these terms and conditions set forth herein.
The Website and Mobile App provides specialized service with the purpose of optimizing the booking of logistics and courier delivery services, however without creating any employee relationship with ETL, consequently ETL should be considered only as a service provider with the purpose of scheduling logistics services upon your request. Through the system, ETL allows you to sign up and send bids on posted items by users and offer logistics services in a more efficient manner other than the conventional existing methods. By your means, you can register on the Website or Mobile App through the "registration" section, pending an evaluation from ETL and the necessary documentation.
The service rendered by us from time to time will be subject to these standard terms and conditions:
The main role of the carriers on the platform is to transport the items posted by the Users.There are two types of carriers: Corporate and Individual carriers.
A carrier who has satisfied the requirements of the CarryAm background check and vehicle inspection will be granted full access to the CarryAm portal and be allowed to upload the following additional information. The information they upload will include:
Carriers to this service will be able to log-in on the website at www.CarryAm.com or the mobile application upon completion of their registration. The mobile application will be live on iOS and Android.
Carriers can select to receive notifications when users post item in particular categories.
The Carriers can search for items posted on the site by item category, size, pick-up/drop-off location and other criteria. This will show a list of items posted that fall into the requested category.
Carriers will be able to set a default bid price on items by category. When a Carrier signs up on the platform and they have full access, they can set minimum and maximum bid prices on items in a category.
The Carriers can search for items posted on the site by item category, size, pick-up/drop-off location and other selected criteria. The carrier can select multiple criteria at the same time.
Each bid is a binding commitment to transport the item at that price if the carrier’s bid is selected. Carriers will be able to set bids higher or lower than the budget price the User has set. Failing to transport an item whose bid has been selected would cause the carrier to incur penalties.
Carriers will be able to set a default bid price on items by category. When a Carrier signs up on the platform and they have full access, they can set minimum and maximum bid prices on items in any category from their account.
The Carrier shall be able to send messages to the user throughout the bidding and delivery process. Their messages sent during the bidding process to ask questions on the shipment can only be done through the application for quality control and checks. The Carrier will have access to the user’s email and phone number which shall be displayed in the app upon the completion of the bidding process and after the user has paid the logistics fee. This will aid communications between parties in the delivery process.
The User information can only be assessed during the delivery process and will be blocked once delivery is confirmed. The Carrier will not be allowed any form of communication with the User outside the delivery process. This will constitute a breach of the community guidelines and the Carrier may be banned from the service.
The Carrier has the ability to track their drivers on the platform at any time to confirm their location.
The Carrier will be notified when payments are sent to CarryAm by the user and the amount due to them before the completion of the delivery process.
The carrier will be able to cancel an accepted bid but will be subject to penalties from CarryAm that may be financial, including temporary or permanent suspension from the platform.
ETL shall evaluate Carrier and vehicles that are registered on the platform, assigning scores or commenting on their service. Evaluations shall be for the exclusive use of ETL in order to better serve Users and may even relieve the Carrier in the event of several complaints. ETL reserves the right to use the evaluations to improve the service, whether for internal or external usage.
By using this Website and/or the Mobile App, you expressly represent and warrant that you are legally entitled to enter this Website and/or the Mobile App. The Website and/or Mobile App is not available to children (persons under the age of 18) except under guidance by their parents. You must abide by the policies on age limits governing these Terms. By using this Website or the Mobile App, you represent and warrant that you have the right, authority and capacity to be bound by the Terms. Your participation in using the Website and/or the Mobile App is for your sole and personal use. You may not authorize others to use your user status and you may not assign or otherwise transfer your user account to any other person or entity. When using the Website and/or Mobile App, you agree to comply with all applicable laws in Nigeria.
You may only access the service using authorized means. It is your responsibility to ensure you download the correct application for your device. ETL shall not be liable if you do not have a compatible device or if you have downloaded the wrong version of the Mobile App. ETL reserves the right to terminate these Terms should you be using the Mobile App with an incompatible or unauthorized device.
By using the Website and/or Mobile App, you agree that:
This Agreement may be terminated at any time by either party: (i) upon written notice if the other party breaches any material term of the Agreement and such breach remains uncorrected for thirty (30) days following written notice; or (ii) immediately, if the other becomes the subject of a voluntary or involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or similar action for the benefit of creditors as a consequence of debt, or if the other party otherwise ceases or threatens to cease business. Upon termination of the Agreement, ETL shall be entitled to be paid for all work performed, including fees and expenses, up to the effective date of termination.
In consideration of the fees, ETL will provide the Services and Deliverables in a good and workmanlike manner and in accordance with generally accepted industry standards. CARRIER (to mean as seen below) AGREES THAT THE REMEDIES, EXPRESS OBLIGATIONS AND WARRANTIES HEREIN ARE EXCLUSIVE AND IN LIEU OF AND TO THE EXCLUSION (TO THE FULLEST EXTENT PERMITTED BY LAW) OF ANY OTHER REMEDY, WARRANTY, CONDITION, TERM, UNDERTAKING OR REPRESENTATION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATING TO ANYTHING SUPPLIED OR SERVICES PROVIDED UNDER OR IN CONNECTION WITH THE AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ETL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND STATUTORY OR OTHER WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE AGREEMENT AND ITEMS OR ACTIVITIES CONTEMPLATED UNDER THE AGREEMENT. ETL DOES NOT WARRANT THAT THE SERVICES SHALL MEET CARRIER REQUIREMENTS OR THAT USE OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE.
To the extent that confidential and proprietary information of each party (“Confidential Information”) is exchanged and received in connection with the Services, each party agrees not to use the other party’s Confidential Information except in the performance of, or as authorized by, the Agreement, and not to disclose, sell, license, distribute or otherwise make available such information to third parties. Use by third party contractors is permitted so long as such contractor has a need to know and is required to maintain the confidentiality of such information as required. “Confidential Information” includes (but is not limited to) Information but does not include: (i) information that was publicly available at the time of disclosure or that subsequently becomes publicly available other than by a breach of this provision; (ii) information previously known by or developed by the receiving party independent of the Confidential Information; (iii) information that the receiving party rightfully obtains without restrictions on use and disclosure; (iv) malicious code, commands, techniques, objectives, or other information of unauthorized third parties discovered during the course of the Services. (b) The receiving party may disclose the disclosing party’s Confidential Information: (i) to the extent required by applicable law or regulation; (ii) pursuant to an order of a court or regulatory, self-regulatory or legislative body of competent jurisdiction; (iii) in connection with any regulatory report, audit or inquiry; (iv) where requested by a regulator with jurisdiction over the receiving party. In the event of such a requirement or request, the receiving party shall give the disclosing party prompt written notice of such requirement or request prior to such disclosure and disclose only as much of the Confidential Information as is required. (c) Notwithstanding the foregoing, ETL may use certain information derived from the Services, once anonymized (“Anonymized Information”) for the following purposes: (i) preparing and distributing statistical reports related to security trends and data patterns; (ii) distributing Anonymized Information to the carriers, in compiled or original formats, for the purposes of providing computer security information; and / or (iii) analysis; internal research, product or services development, or for providing general security related services. Anonymized Information shall not include Personal Information (as defined below) or any information that could identify Carrier.
By accepting these terms and by using the Website, the Carrier agree that you shall defend, indemnify and hold ETL, its licensors, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
ETL alone (and its licensors, where applicable) shall own all rights, titles and interests, including all related intellectual property rights, in and to the Website and “or” Mobile App and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website and the Mobile App. These Terms are not a sale and does not convey to you any rights of ownership in or related to the Website and/or the Mobile App, or any intellectual property rights owned by ETL. ETL’s name, logo, and the product names associated with this Website and the Mobile App are trademarks of ETL, and no right or license is granted to use them.
The use of ETL's quality and Web Portal/App Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications which might be the most acceptable mode of operation. ETL shall not be held responsible for any delays, delivery failures, or other damage resulting from such problems.
This Agreement shall be governed and construed in accordance with the Laws of the Federal Republic of Nigeria.
The Parties shall endeavour to settle amicably any dispute arising from this Agreement, and any dispute which cannot be resolved amicably shall be referred to Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, Cap A18 LFN 2004 or any statutory re-enactment or modification thereof.
PLEASE READ THIS TERMS AND CONDITIONS OF USE (“THE TERMS”) BEFORE USING THIS WEBSITE (THE "WEBSITE") AND/OR THE MOBILE APPLICATION (“THE MOBILE APP”). THE TERMS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE MOBILE APP. THE WEBSITE AND/OR THE MOBILE APP IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE AND/OR THE MOBILE APP, YOU, YOUR REPRESENTATIVE OR/AND SUCCESSORS IN TITLE ARE BOUND BY THE TERMS.
Expidev Technologies Limited (hereinafter referred to as “ETL”) reserves the right to modify the Terms or its policies relating to the service or application at any time, effective upon posting of an updated version of the Terms either on the Website (“ the website “)and/ or the Mobile App (“ the mobile app”). You are responsible for regularly reviewing this Terms. Continued use of the Website and or the Mobile App after any such changes shall constitute your consent to such changes.
ETL is a technology services company that operates a website and mobile application called ‘CarryAm’ that will facilitate its users from placing items on the platform to be delivered to several locations by carriers.
ETL agrees to provide access to the CarryAm portal (the “service”) to users through preferred carriers, subject to the foregoing terms and conditions. For the purposes of these terms and conditions, the term “Agreement” shall mean collectively these terms and conditions set forth herein.
The Website and Mobile App provides specialized service with the purpose of optimizing the booking of logistics and courier delivery services, however without creating any employee relationship with ETL, consequently ETL should be considered only as a service provider with the purpose of scheduling logistics services upon your request. Through the system, ETL allows you to sign up and to request logistics services in a more efficient manner other than the conventional existing methods. By your means, you can register on the Website or Mobile App through the "Registration" section, pending an evaluation from ETL and the necessary documentation.
The service rendered by us from time to time will be subject to these standard terms and conditions:
Agents aim on the platform is to support and promote activities on the platform. They are: Referral agents, Logistics agents and Super agents (“the Agent”)
The referral agents focus on attracting more users to the platform.
The logistics agents provide services such as pick-up and drop-off points, warehousing services.
The Super Agents can build a network of sub-agents under agent account. Only verified corporate agents can add persons to be sub-agents on their account.
The potential Agent will go to the site with full access and upload the following information. The information they upload will include:
Agents can sign up by using their email address or social media (Facebook or Twitter) account.
Agents will be able to log-in on the website at www.CarryAm.com or the mobile application upon completion of their registration. The mobile application will be live on iOS and Android and it will be free to download.
By using this Website and/or the Mobile App, you expressly represent and warrant that you are legally entitled to enter this Website and/or the Mobile App. The Website and/or Mobile App is not available to children (persons under the age of 18) except under guidance by their parents. You must abide by the policies on age limits governing these Terms. By using this Website or the Mobile App, you represent and warrant that you have the right, authority and capacity to be bound by the Terms. Your participation in using the Website and/or the Mobile App is for your sole and personal use. You may not authorize others to use your user status and you may not assign or otherwise transfer your user account to any other person or entity. When using the Website and/or Mobile App, you agree to comply with all applicable laws in Nigeria.
You may only access the service using authorized means. It is your responsibility to ensure you download the correct application for your device. ETL shall not be liable if you do not have a compatible device or if you have downloaded the wrong version of the Mobile App. ETL reserves the right to terminate these Terms should you be using the Mobile App with an incompatible or unauthorized device.
By using the Website and/or Mobile App, you agree that:
This Agreement may be terminated at any time by either party: (i) upon written notice if the other party breaches any material term of the Agreement and such breach remains uncorrected for thirty (30) days following written notice; or (ii) immediately, if the other becomes the subject of a voluntary or involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or similar action for the benefit of creditors as a consequence of debt, or if the other party otherwise ceases or threatens to cease business. Upon termination of the Agreement, the ETL shall be entitled to be paid for all work performed, including fees and expenses, up to the effective date of termination.
In consideration of the fees, ETL will provide the Services and Deliverables in a good and workmanlike manner and in accordance with generally accepted industry standards. AGENT AGREES THAT THE REMEDIES, EXPRESS OBLIGATIONS AND WARRANTIES HEREIN ARE EXCLUSIVE AND IN LIEU OF AND TO THE EXCLUSION (TO THE FULLEST EXTENT PERMITTED BY LAW) OF ANY OTHER REMEDY, WARRANTY, CONDITION, TERM, UNDERTAKING OR REPRESENTATION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATING TO ANYTHING SUPPLIED OR SERVICES PROVIDED UNDER OR IN CONNECTION WITH THE AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ETL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND STATUTORY OR OTHER WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE AGREEMENT AND ITEMS OR ACTIVITIES CONTEMPLATED UNDER THE AGREEMENT. ETL DOES NOT WARRANT THAT THE SERVICES SHALL MEET AGENT’S REQUIREMENTS OR THAT USE OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE.
To the extent that confidential and proprietary information of each party (“Confidential Information”) is exchanged and received in connection with the Services, each party agrees not to use the other party’s Confidential Information except in the performance of, or as authorized by, the Agreement, and not to disclose, sell, license, distribute or otherwise make available such information to third parties. Use by third party contractors is permitted so long as such contractor has a need to know and is required to maintain the confidentiality of such information as required. “Confidential Information” includes (but is not limited to) Information but does not include: (i) information that was publicly available at the time of disclosure or that subsequently becomes publicly available other than by a breach of this provision; (ii) information previously known by or developed by the receiving party independent of the Confidential Information; (iii) information that the receiving party rightfully obtains without restrictions on use and disclosure; (iv) malicious code, commands, techniques, objectives, or other information of unauthorized third parties discovered during the course of the Services. (b) The receiving party may disclose the disclosing party’s Confidential Information: (i) to the extent required by applicable law or regulation; (ii) pursuant to an order of a court or regulatory, self-regulatory or legislative body of competent jurisdiction; (iii) in connection with any regulatory report, audit or inquiry; (iv) where requested by a regulator with jurisdiction over the receiving party. In the event of such a requirement or request, the receiving party shall give the disclosing party prompt written notice of such requirement or request prior to such disclosure and disclose only as much of the Confidential Information as is required. (c) Notwithstanding the foregoing, ETL may use certain information derived from the Services, once anonymized (“Anonymized Information”) for the following purposes: (i) preparing and distributing statistical reports related to security trends and data patterns; (ii) distributing Anonymized Information to the Agents, in compiled or original formats, for the purposes of providing computer security information; and / or (iii) analysis; internal research, product or services development, or for providing general security related services. Anonymized Information shall not include Personal Information (as defined below) or any information that could identify Agent.
By accepting these terms and by using the Website, the Agent agree that you shall defend, indemnify and hold ETL, its licensors, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
ETL alone (and its licensors, where applicable) shall own all rights, titles and interests, including all related intellectual property rights, in and to the Website and “or” Mobile App and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website and the Mobile App. These Terms are not a sale and does not convey to you any rights of ownership in or related to the Website and/or the Mobile App, or any intellectual property rights owned by ETL. ETL’s name, logo, and the product names associated with this Website and the Mobile App are trademarks of ETL, and no right or license is granted to use them.
The use of ETL's quality and Web Portal/App Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications which might be the most acceptable mode of operation. ETL shall not be held responsible for any delays, delivery failures, or other damage resulting from such problems.
This Agreement shall be governed and construed in accordance with the Laws of the Federal Republic of Nigeria.
The Parties shall endeavour to settle amicably any dispute arising from this Agreement, and any dispute which cannot be resolved amicably shall be referred to Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, Cap A18 LFN 2004 or any statutory re-enactment or modification thereof.
