AVALE AFRICA LTD TERMS OF USAGE
INTRODUCTION.
Avale Africa hereby provides its platform to you through its website and
related services (collectively, the Platform), including any new features
and applications, the “Services”), subject to the following terms of
service, as amended from time to time (the “Terms and condition”).
If you are a campaign organizer (as defined below) or donor (a campaign
organizer and a donor shall be collectively referred to herein as a “User”)
located in Nigeria, you are contracting with Avale Africa, 5A Awudu Ekpegha
Blvd. Lekki 1, Lagos, Nigeria.
For purposes of the Terms of Service, “Avale,” “we,” “us,” “our,” and other
similar terms, shall refer to the party with whom you are contracting.
ABOUT AVALE, THE WEBSITE, AND RELATED SERVICES
Avale Africa Limited is Nigerian duly incorporated under the the Laws of
the Federal Republic of Nigeria with RC Number
1606129, with its registered
office at 5A Awudu Ekpegha Blvd. Lekki 1, Lagos, Nigeria. The Website
domain name
www.avale.africa is owned by
Avale Synergy Africa Limited.
The Website is a platform that Donors (defined herein) utilize to meet and
interact with various Campaigners (defined herein) based on representations
of campaigns or causes initiated by such parties, to enter into
transactions, make contributions or share information. All information
provided about campaigns is provided by the Campaigner who is initiating
its own fundraiser.
Your contract is with Avale and you confirm that the platform Services
availed by you are for your internal/personal purpose and not for resale or
business or other commercial purposes.
By entering this Agreement, you expressly acknowledge that you have read
and understand all of the terms of this Agreement.
We reserve the right, at our sole discretion, to change or modify portions
of these Terms of Service at any time, after which the revised Terms of
Service will be posted on this page and the date of such revision
indicated.
Your continued use of the Services after the date of any such changes
constitutes your acceptance of the new Terms of Service. If you do not wish
to accept the new Terms of Service, you may discontinue your use of the
Services.
In addition, when using the Services, you will be subject to additional
applicable policies including without limitation, the Privacy Policy
located at
https://avale.africa/privacy. All such terms are hereby
incorporated by reference into these Terms of Service (provided, however,
these Terms of Service will take precedence in the event of conflict). We
shall resolve any such conflicts in our sole discretion, and all of our
determinations are final.
ACCESS AND USE OF THE CAMPAIGN SERVICES
Services Description.
The Services are offered as a platform to allow an individual (the
“Campaign Organizer”) to post a fundraising campaign (“Campaign”) to the
Platform to accept monetary donations (“Donations”) from donors.
Although there are no fees to set up a Campaign, industry-standard
transaction fees shall apply (hereinafter and on the website referred to as
“Transaction Fees”) to the Services rendered to Campaign Organizers. To
learn more about Avale’s Platform and applicable Transaction Fees, please
visit
avale.africa/pricing-and-fees
Nature of Services.
Avale is an administrative platform and does not provide Broker services,
nor are we a Financial Institution, Creditor or Charity. Avale facilitates
the Campaigns of the Campaign Organizers and permits Donors to make
donations to these Campaign Organizers.
All information and content provided by Avale relating to the Services is
for informational purposes only, and Avale does not guarantee the accuracy,
completeness, or reliability of any such information or content. No content
is intended to provide financial, legal, tax or other professional advice.
Before making any decisions regarding any Campaigns, Charities, Donations,
Donors, or any information relating to the Services, you should consult
your financial, legal, tax or other professional advisor as appropriate.
You acknowledge that all information and content accessed by you using the
Services is at your own risk.
Avale has no control over the conduct of, or any information provided by, a
Campaign Organizer, a Charity, or other user and hereby disclaims all
liability in this regard to the fullest extent permitted by applicable law.
We do not guarantee that a Campaign or a Charity will obtain a certain
amount of Donations or any Donations at all. We do not endorse any
Campaign, Campaign Organizer, or Charity, and make no guarantee, express or
implied, that any information provided through the Services is accurate.
Avale expressly disclaims any liability or responsibility for the outcome
or success of any Campaign and the Donor is responsible for making the
final determination as to the value and appropriateness of contributing to
any Campaign, Campaign Organizer, or Charity.
All Donations made on the platform are at your own risk. It is the
responsibility of the user to understand how their money will be used when
a donation is made.
Avale is not responsible for any offers, promises, rewards or promotions
made or offered by Charities, Campaigns or Campaign Organizers.
Notwithstanding the foregoing, we take possible fraudulent activity and the
misuse of funds raised very seriously. You can learn more about our Fraud
Policy at
https://www.avale.africa/legal.
If you have reason to believe that a Campaign Organizer or Charity is not
raising or using the funds for their stated purpose, please use the
“Report” button on the Campaign or Charity to alert our team of this
potential issue and we will investigate.
Registration Obligations:
You may be required to register with Avale in order to access and use
certain features of the Services. Where you choose to register for the
Services, you agree that you shall provide and maintain true, accurate,
current and complete information about yourself as prompted by the
Services’ registration form.
Campaign Organizers must register using their true identities, including
their name(s), incorporation details with the Corporate Affairs Commission,
and any image or video purporting to depict the Campaign Organizer or the
beneficiary of such campaign. Registration data and other information are
governed by our Privacy Policy.
No person under 13 years of age, is authorized to use the Services or
platform with or without registration.
Certain aspects of our Services may also require you to register with, and
agree to the terms of, third-party service providers (e.g., payment
processors), with whom Avale has entered into contracts, in order to be
able to benefit from their services. If Avale or one of our payments
processors at any time discovers that the information provided by Campaign
Organizers about themselves or the purpose of their Campaign is incorrect
or violates any of these Terms of Service or that of our third party
partners, the Services may be suspended and/or terminated with immediate
effect and fines may be applied by the relevant authorities which will in
all such cases be payable by you.
It is hereby acknowledged and agreed that the use of third party payment
processors are integral to the Services and that Avale may exchange
information with such third parties in order to facilitate the provision of
Services as set out in our Privacy Policy.
Taxes:
It is your responsibility to determine what taxes, if any, apply to the
Donations received through the use of the Services.
It is solely the responsibility of the campaign organizers to assess,
collect, report or remit the correct tax, if any, to the appropriate tax
authority.
REPRESENTATIONS AND WARRANTIES.
The Campaign Organizer, represents, warrants, and covenants that: (i) all
information provided in connection with a Campaign is accurate, complete,
and not likely to deceive reasonable Users; (ii) all Donations contributed
to its Campaign will be used solely as described in the materials that you
post or otherwise provide; (iii) it shall not infringe the rights of other
users of the Platform; (iv) it shall comply with all relevant and
applicable financial reporting obligations including but not limited to
laws and regulations relating to tax reporting, political contributions,
and asset disclosures for its projects; and (v) to the extent it shares
with Avale any personal data of any third party for any purpose, including
the names, email addresses and phone numbers of your personal contacts, you
have the authority (including any necessary consents), as required under
applicable law, to provide us with such personal data and allow us to use
such personal data for the purposes for which you shared it with us.
The Campaign Organizer hereby authorizes Avale, and Avale reserves the
right to, provide information relating to your Campaign to Donors,
beneficiaries of your Campaign or law enforcement, and to assist in any
investigation thereof.
MEMBER ACCOUNT, PASSWORD AND SECURITY.
Members using this platform hereby undertake and agree that;
- They are responsible for maintaining the confidentiality of their passwords
and account(s), if any, and are fully responsible for any and all
activities that occur under the password or account.
-
They shall immediately notify Avale of any unauthorized use of their
password or account or any other breach of security, and sign out from
their account at the end of each session when accessing the Services. Avale
will not be liable for any loss or damage arising from a failure to comply
with this Section.
Modifications to Services:
Avale reserves the right to modify, suspend or discontinue, temporarily or
permanently, the Services (or any part thereof) at any time and for any
reason, with or without notice, and without any liability to you or to any
third party for any claims, damages, costs, or losses resulting therefrom.
Public Content; Public Display of Donations:
Some of your activity on and through the website including all content you
post publicly shall be public. Additionally, user profile information,
including first and last name, email address, organization, personal
biography, and other information you enter in connection with your user
profile may be displayed to other users to facilitate user interaction
within the Services.
As a Donor, you have an option to publicly display your Donation to the
general public, including on search engines (like Google and Yahoo). To
keep the details of your Donation private, simply click the “Private”
checkbox during the Donation process.
Please remember that if you choose to provide information using certain
public features of the Services, then that information is governed by the
privacy settings of those particular features and may become publicly
available. Individuals reading such information may use or disclose it to
other individuals or entities without our knowledge and without your
knowledge, and search engines may index that information.
Users are advised to consider carefully when including information that may
be deemed private in content that you create or information that you submit
through the Services. Please see our Privacy Policy for information on the
ways that we may collect, use, and store certain information about users
and use of the Services.
Promotions:
Users are not permitted to offer any contest, competition giveaway,
sweepstakes or similar activity (each, a “Promotion”) on or through the
Services without prior written consent from Avale, which consent may be
withheld in our sole and absolute discretion. You may seek permission by
sending an email to
HQ@avale.africa
Data Retention
It is hereby acknowledged that Avale has no obligation to its users to
retain data relating to any account or campaign. Avale reserves the right
to delete data or to terminate accounts or Campaigns at any time and for
any reason, with or without notice, and without any liability to you or to
any third party for any claims, damages, costs or losses resulting
therefrom.
PROHIBITED CONDUCT
User Conduct:
Users are solely responsible for all Campaign descriptions, comments,
videos, images, information, data, text, software, music, sound,
photographs, graphics, messages or other materials (the “Content”) that
they upload, post, publish, display, transmit or otherwise use
(hereinafter, “Upload”) via the Services.
Where a campaign organizer is not the beneficiary of the Campaign being
organized, the campaign organizer agrees to deliver funds to the ultimate
beneficiary directly and as soon as possible.
The Campaign organizer agrees to fully cooperate with any request we make
for evidence deemed necessary to verify your compliance with these Terms of
Service.
Illegal and Prohibited conduct
Avale reserves the right to investigate anyone who, in our sole discretion,
violates any of these Terms of Service. We further reserve without
limitation, the right to remove the offending Content, suspend or terminate
the account of such violators, stop payments to any such Campaign, freeze
or place a hold on Donations, and report you to law enforcement authorities
or otherwise take appropriate legal action including seeking restitution on
behalf of ourselves and/or our users. Without limiting the foregoing, the
following are Content and/or use that is illegal or prohibited by Avale:
A. raise funds or establish or contribute to any Campaign with the implicit
or explicit purpose of or involving:
- violating any law, regulation, industry requirement, or third-party
guidelines or agreements by which you are bound, including those of payment
card providers and transaction processors that you utilize in connection
with the Services;
- any election campaigns that are not run by a registered organization within
the supported country;
- content or campaigns that are fraudulent, misleading, inaccurate,
dishonest, or impossible;
- drugs, narcotics, steroids, controlled substances, pharmaceuticals or
similar products or therapies that are either illegal, prohibited, or
enjoined by an applicable regulatory body; legal substances that provide
the same effect as an illegal drug; or other products, medical practices,
or any related equipment or paraphernalia that have been found by an
applicable regulatory body to cause consumer harm;
- knives, explosives, ammunition, firearms, or other weaponry or accessories;
- annuities, investments, equity or lottery contracts, lay-away systems,
off-shore banking or similar transactions, money service businesses
(including currency exchanges, check cashing or the like), pyramid schemes,
“get rich quick schemes” (i.e., Investment opportunities or other services
that promise high rewards), network marketing and referral marketing
programs, debt collection or crypto-currencies;
- gambling, gaming and/or any other activity with an entry fee and a prize,
including, but not limited to casino games, sports betting, fantasy sports,
horse or greyhound racing, lottery tickets, raffle tickets, auctions and
other ventures that facilitate gambling, games of skill or chance (whether
or not it is legally defined as a lottery), promotions involving monetary
rewards, including gift cards, or sweepstakes;
- campaigns we deem, in our sole discretion, to be in support of, or for the
legal defense of alleged crimes associated with hate, violence, harassment,
bullying, discrimination, terrorism, or intolerance of any kind relating to
race, ethnicity, national origin, religious affiliation, sexual
orientation, sex, gender or gender identity, or serious disabilities or
diseases;
- activities with, in, or involving countries, regions, governments, persons,
or entities that are subject to Nigeria and other economic sanctions under
applicable law, unless such activities are expressly authorized by the
appropriate governmental authority;
- funding a ransom, human trafficking or exploitation, vigilantism, bribes or
bounty;
- pornography or other sexual content;
- offensive, graphic, perverse or sensitive content;
- the sale of items before the seller has control or possession of the item;
- collecting payments on behalf of merchants by payment processors or
otherwise; including but not limited to self-payments on campaigns or an
attempt to bypass or otherwise circumvent the designated method of payment
as provided by Avale;
- credit repair or debt settlement services;
- the receipt or grant of cash advances or lines of credit to yourself or to
another person for purposes other than those purposes clearly stated in the
Campaign;
- publication or removal of content (such as mug shots), where the primary
purpose of posting such content is to cause or raise concerns of
reputational harm;
- sale or resale of a service without added benefit to the buyer; resale of
government offerings without authorization or added value;
- aggregation of funds owed to third parties, factoring, or other activities
intended to obfuscate the origin of funds;
- counterfeit music, movies, software, or other licensed materials without
the appropriate authorization from the rights holder;
- products or services that directly infringe or facilitate infringement upon
the trademark, patent, copyright, trade secrets, or proprietary or privacy
rights of any third party;
- unauthorized sale or resale of brand name or designer products or services;
- sale of goods or services that are illegally imported or exported;
- processing where there is no bona fide donation accepted; cash advance;
card testing; evasion of card network chargeback monitoring programs;
- collecting or providing funds for any purpose other than as described in a
Campaign description;
- any other activity that Avale may deem in its sole discretion to be in
support of individuals and/or entities associated with alleged financial
crimes including but not limited to corruption, bribery, tax evasion,
fraud, and activities of a similar nature; or
- any other activity that Avale may deem in its sole discretion to be
unacceptable.
B. transmit or otherwise upload any content that;
(i) infringes any intellectual property or other proprietary rights of any
party; (ii) you do not have a right to upload under any law or under
contractual or fiduciary relationships; (iii) contains software viruses or
any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or
telecommunications equipment and infringes the Nigerian Cyber Crime Act
2015 ; (iv) poses or creates a privacy or security risk to any person; (v)
constitutes unsolicited or unauthorized advertising, promotional materials,
commercial activities and/or sales, junk mail, spam, chain letters, pyramid
schemes, contests, or any other form of solicitation; or; (vi) in the sole
judgment of Avale, is objectionable or which restricts or inhibits any
other person from using or enjoying the Services, or which may expose Avale
or its users to any harm or liability of any type.
C. interfere with or disrupt servers or networks connected to the Services,
or disobey any requirements, procedures, policies or regulations of
networks connected to the Services; or
D. harvest or collect email addresses or other contact information of other
users from the Services by electronic or other means.
E. raise funds for a minor without the express permission of the minor’s
guardian unless the funds are transferred into a trust account for the sole
benefit of the minor.
Furthermore, with respect to all Donations made or accepted through the
Services, you agree:
- not to make or accept any donations known or suspected to be erroneous,
suspicious or fraudulent;
- not to use the Services in or for the benefit of a country, organization,
entity, or person embargoed or blocked by any government, including those
on sanctions lists identified by the Nigerian Government or its agencies;
- to maintain reasonable and standard security measures to protect any
information transmitted and received through the Services, including
without limitation by adhering to any security procedures and controls
required by Avale from time to time;
- to maintain a copy of all electronic and other records related to Campaigns
and Donations as necessary for Avale to verify compliance with these Terms
of Service and make such records available to Avale upon request. For
clarity, the foregoing does not affect or limit your obligations to
maintain documentation as required by applicable laws, rules, regulations,
or governmental authority; and
- at Avale’s request, including without limitation in case of investigations
by Avale, a payment processing partner, or a regulatory or governmental
authority, fully cooperate in the auditing of such records, investigation
of the relevant circumstances and remedy of any uncovered violation or
wrongdoing.
Avale reserves the right to refuse, condition, or suspend any Donations or
other transactions that we believe in our sole discretion may violate the
Terms of Service or harm the interests of our users, business partners, the
public, or Avale, or that expose you, Avale, or others to risks
unacceptable to us. We may share any information related to your use of the
Services with the appropriate financial institution, regulatory authority,
or law enforcement agency consistent with our legal obligations. This
information may include information about you, your account, your Donors,
your Donations, and transactions made through or in connection with your
use of the Services.
DONATIONS
In order to contribute to a Campaign or to a Charity, a Donor will be
required to provide Avale information regarding its credit card, debit card
or other payment instrument (“Payment Instrument”) that is linked to the
Donor’s account on the Services (a “Billing Account”).
Recurring Donations:
Donors may have the option to contribute recurring period Donations (your
agreement to make the Donations on a recurring basis, (a “Donation
Subscription”) and each individual Donation made in connection with a
Donation Subscription, (a “Donation Installment”), and in electing to
contribute on a recurring basis, you, as a Donor hereby acknowledge that
Donation Subscriptions automatically renew and have a recurring payment
feature, and that unless and until you opt out of the auto-renewal of the
Donation Subscription, which can be done through the Platform, any Donation
Subscriptions you have signed up for will be automatically extended for
successive renewal periods of the same duration as the initial term
originally selected. In connection with each of your Donation
Subscriptions, you;
(i) hereby authorize Avale to bill your Payment Instrument in the amount of
the applicable Donation Installments in advance on a periodic basis until
you terminate such periodic payments by opting out of the Donation
Subscription, (ii) accept responsibility for payment of all Donation
Installments occurring prior to opt out and (iii) agree to promptly update
your Billing Account with any changes (for example, any changes related to
your Payment Instrument, such as a change in your billing address or credit
card expiration date). Changes to or termination of Donation Subscriptions
or Donation Installments will apply only to Donation Installments that take
place after Avale receives notice of such change or termination. Avale does
not provide refunds of any amounts received in connection with previously
made Donation Installments. Additionally, by enrolling in any Donation
Subscriptions, you acknowledge and agree for any and all such Donation
Subscriptions, that: (a) the ongoing maintenance and operation of Donation
Subscriptions and each Donation Installment are the sole responsibility of,
and subject to the sole discretion of, the individual or entity responsible
for managing and receiving the Donation Subscription (e.g., the applicable
Campaign Organizer or Charity), (b) individual Donation Installments may
not be tax deductible, even if previous Donation Installments for the same
Donation Subscription were, and the amount of each Donation Installment
that is tax deductible may vary, (c) one or more specific Donation
Installment may not be provided to or received by the applicable cause,
charity or Campaign if such cause, charity or Campaign becomes unavailable,
unable to accept Donations, or chooses to stop receiving Donations, which
may occur for various reasons, such as if the cause, charity or Campaign
becomes subject to an investigation or is suspended or removed from the
Services by Avale or (d) the amounts actually received by the applicable
Campaign, Charity or cause may differ from one Donation Installment to the
next (for example, if the transaction fees associated with the Donation
Installment change).
Your non-termination of a Donation Subscription reaffirms that Avale is
authorized to charge your Payment Instrument for the Donation Subscription
in accordance with these terms. This does not waive our right to seek
payment directly from you.
Donor representations and warranties.
The Donor, represents and warrants to Avale that such information is true
and that they are authorized to use the applicable Payment Instrument. You
agree that a certain minimum Donation amount may apply, and that all
Donation payments are final and will not be refunded.
Avale uses third-party payment processing partners to bill you through your
Payment Instrument and Billing Account for any Donations made, and Donors
acknowledge that by contributing a Donation to a Campaign, the Donor is
agreeing to any and all applicable terms set forth by Avale payment
partners (currently, Paystack), in addition to these Terms of Service,
including
Paystack’s terms of service.
ACCOUNT HOLDS:
From time to time, Avale may (in our sole discretion) place a hold on a
Campaign account (a “Hold”), restricting Withdrawals (defined herein) by a
Campaign Organizer. A hold may be placed on a Campaign Account where Avale:
(i) has reason to believe (in its sole discretion) that information
provided by a Campaign Organizer is false, misleading, or fraudulent, or
that funds are being used in a prohibited manner, (ii) determines (in its
sole discretion) that the funds available should be provided directly to a
person other than the Campaign Organizer (such as a legal beneficiary or
person entitled by law to act on behalf of a Campaign Organizer), (iii) has
reason to believe that a Campaign or Campaign Organizer has violated these
Terms of Service, (iv) determines that the Campaign Organizer is colluding
with donors to engage in fraudulent activity, (v) has reason to believe (in
its sole discretion) that there may be suspicious or fraudulent donation
activity, or (vi) believes it is required in order to comply with a court
order, subpoena, writ, injunction, or as otherwise required under
applicable laws and regulations.
If you have questions about a Hold we may have placed on your Campaign
account, or need information about how to resolve the Hold, please contact
us
HQ@Avale.africa
REWARDS.
Reward Levels are not intended to be items available for purchase and Avale
does not guarantee the delivery of Reward Levels in any way.
WITHDRAWING DONATIONS FROM A CAMPAIGN.
While Avale strives to make Withdrawals available to you promptly, you
acknowledge and agree that Withdrawals may not be available to you for use
immediately, and Avale does not guarantee that Withdrawals will be
available to you within any specific time frame, and Avale expressly
disclaims any and all responsibility for any delay or inability to access
and use Withdrawals at any specified time, and any consequences arising
from such delay or inability. You, as a Campaign Organizer, are responsible
for ensuring that the information you provide to Avale in order to process
a Withdrawal, including your bank account information, is accurate and up
to date. Avale may, at any time, for any reason, without notice, and in its
sole discretion, offer or issue a refund of Donation(s) with or without
consulting with you, which may comprise the entire amount donated to your
campaign. Avale is not liable to you or to any third party for any claims,
damages, costs, losses, or other consequences as a result of Avale issuing
refunds, including, but not limited to transaction or overdraft fees.
SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS.
Software (defined below) available in connection with the Services and the
transmission of applicable data, if any, may be subject to export controls
and economic sanctions laws of Nigeria or other jurisdictions. No Software
may be downloaded from the Services or otherwise exported or re-exported in
violation of such export control and economic sanctions laws. Downloading
or using the Software is at your sole risk. Recognizing the global nature
of the Internet, you agree to comply with all local rules and laws
regarding your use of the Services, including as it concerns online conduct
and acceptable content.
INTELLECTUAL PROPERTY RIGHTS
Services Content, Software and Trademarks:
You acknowledge and agree that the Services may contain content or features
(“Services Content”) that are protected by copyright, patent, trademark,
trade secret or other proprietary rights and laws. Except as expressly
authorized by Avale, you agree not to modify, copy, frame, scrape, rent,
lease, loan, sell, distribute or create derivative works based on the
Services or the Services Content, in whole or in part, except that the
foregoing does not apply to your own User Content (as defined below) that
you legally upload to the Services. In connection with your use of the
Services you will not engage in or use any data mining, robots, scraping or
similar data gathering or extraction methods. If you are blocked by Avale
from accessing the Services (including by blocking your IP address), you
agree not to implement any measures to circumvent such blocking (e.g., by
masking your IP address or using a proxy IP address). Any use of the
Services or the Services Content other than as specifically authorized
herein is strictly prohibited. The technology and software underlying the
Services or distributed in connection therewith are the property of Avale,
our affiliates and our partners (the “Software”). You agree not to copy,
modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense, or
otherwise transfer any right in the Software. Any rights not expressly
granted herein are reserved by Avale.
The Avale name and logos are trademarks and service marks of Avale
(collectively the “Avale Trademarks”). Other company, product, and service
names and logos used and displayed via the Services may be trademarks or
service marks of their respective owners, who may or may not endorse or be
affiliated with or connected to Avale. Nothing in these Terms of Service or
the Services should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any of Avale Trademarks displayed on
the Services, without our prior written permission in each instance. All
goodwill generated from the use of Avale Trademarks will inure to our
exclusive benefit.
Third-Party Material:
Under no circumstances will Avale be liable in any way for any content or
materials of any third parties (including users and Campaign Organizers) or
any User Content (defined below, including, but not limited to, any errors
or omissions in any content, or for any loss or damage of any kind incurred
as a result of the use of any such content. You acknowledge that Avale does
not pre-screen content, but that Avale and its designees will have the
right (but not the obligation) in their sole discretion to refuse, remove,
or allow any content that is available via the Services at any time and for
any reason, with or without notice, and without any liability to you or to
any third party for any claims, damages, costs or losses resulting
therefrom.
User Content Transmitted Through the Services:
With respect to the content, photos, videos, images, trademarks, logos,
brands or other materials you upload or post through the Services or share
with other users or recipients (collectively, “User Content”), you
represent and warrant that you own all right, title and interest in and to,
or otherwise have all necessary rights and consents to (and to allow others
to) fully exploit, such User Content, including, without limitation, as it
concerns all copyrights, trademark rights and rights of publicity or
privacy related thereto. By uploading, sharing, providing, or otherwise
making available any User Content, or any portion thereof, in connection
with the Services, you hereby grant and will grant Avale and its affiliated
companies and users a nonexclusive, worldwide, royalty free, fully paid up,
transferable, sublicensable, perpetual, irrevocable license to copy,
display, upload, perform, distribute, store, modify and otherwise use your
User Content in connection with the operation of the Services or the
promotion, advertising or marketing thereof, in any form, medium or
technology now known or later developed.
Without limiting the foregoing, if any User Content contains your name,
image or likeness, you hereby release and hold harmless Avale and its
contractors and employees, from:
all claims for invasion of privacy, publicity or libel, (ii) any liability
or other claims by virtue of any blurring, distortion, alteration, optical
illusion, or other use or exploitation of your name, image or likeness, and
(iii) any liability for claims made by you (or any successor to any claim
you might bring) in connection with your User Content, name, image or
likeness.
You waive any right to inspect or approve any intermediary version(s) or
finished version(s) of the results of the use of your User Content
(including your name, image or likeness). Further, if any person (other
than you) appears in your User Content, you represent and warrant that you
have secured all necessary licenses, waivers and releases from such
person(s) for the benefit of Avale in a manner fully consistent with the
licenses, waivers and releases set forth above. You further acknowledge
that your participation in the Services and submission of User Content is
voluntary and that you will not receive financial compensation of any type
associated with the licenses, waivers, and releases set forth herein (or
Avale’s exploitation thereof), and that the sole consideration for subject
matter of this agreement is the opportunity to use the Services.
We do not guarantee that any Services Content will be made available
through the Services. We reserve the right to, but do not have any
obligation to, (i) remove, edit or modify any Services Content or User
Content, in our sole discretion, at any time, without notice to you and for
any reason (including, but not limited to, upon receipt of claims or
allegations from third parties or authorities relating to such Services
Content or User Content, or if we are concerned that you may have violated
these Terms of Service), or for no reason at all and (ii) to remove or
block any Services Content or User Content from the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information about the Services (“Submissions”), provided
by you to Avale are non-confidential and Avale will be entitled to the
unrestricted use and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Avale may preserve content and may also
disclose content if required to do so by law or in the good-faith belief
that such preservation or disclosure is reasonably necessary to (a) comply
with legal process, applicable laws or government requests; (b) enforce
these Terms of Service; (c) respond to claims that any content violates the
rights of third parties; or (d) protect the rights, property, or personal
safety of Avale, its users or the public.
Payment Card Industry Data Security Standard:
The Payment Card Industry Data Security Standard (PCI DSS) is a set of
industry-mandated requirements for any business that handles, processes, or
stores credit cards. The primary purpose of the standards is to maintain
controls around cardholder data to reduce credit card fraud. As a service
provider, and in accordance with the mandate of the Central Bank of
Nigeria, Avale is PCI DSS compliant and will maintain all applicable PCI
DSS requirements to the extent that we possess or otherwise store, process,
or transmit cardholder data on behalf of you, or to the extent that we can
in any way impact the security of your cardholder data environment.
Copyright Complaints:
Avale respects the intellectual property of others, and we ask our users to
do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, or that your intellectual property
rights have been otherwise violated, you should notify Avale of your
infringement claim in accordance with the procedure set forth below.
Avale will process and investigate notices of alleged infringement and will
take appropriate actions under the Digital Millennium Copyright Act
(“DMCA”), the Copyright Act, Laws of the Federation of Nigeria 1990 and
other applicable intellectual property laws with respect to any alleged or
actual infringement. A notification of claimed copyright infringement
should be emailed to Avale’s Copyright Agent at HQ@Avale.africa (Subject
line: “DMCA Takedown Request”). You may also contact us by mail or
facsimile at:
Avale Copyright Agent:
Avale Africa
Attn: Legal
5A Awudu Ekpegha Blvd.,
Lekki 1, Lagos, Nigeria.
To be effective, the notification must be in writing and contain the
following information:
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
a description of the copyrighted work or other intellectual property that
you claim has been infringed;
a description of where the material that you claim is infringing is located
on the Services, with enough detail that we may find it on the Services;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright or intellectual property owner, its
agent, or the law; and
a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner’s behalf.
Counter-Notice:
If you believe that your User Content that was removed (or to which access
was disabled) is not infringing, or that you have the authorization from
the copyright owner, the copyright owner’s agent, or pursuant to the law,
to upload and use the content in your User Content, you may send a written
counter-notice containing the following information to the above-listed
Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has
been disabled and the location at which the content appeared before it was
removed or disabled;
a statement that you have a good-faith belief that the content was removed
or disabled as a result of mistake or a misidentification of the content;
and
your name, address, telephone number, and email address, and a statement
that you will accept service of process from the person who provided
notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Avale will send a
copy of the counter-notice to the original complaining party, informing
that person that it may replace the removed content or cease disabling it
in 10 business days. Unless the copyright owner files an action seeking a
court order against the content provider, member or user, the removed
content may be replaced, or access to it restored, in no less than 14
business days after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy:
In accordance with the DMCA and other applicable law, Avale has adopted a
policy of terminating memberships, in appropriate circumstances and at
Avale’s sole discretion, of users who are deemed to be repeat infringers.
Avale may also at its sole discretion limit access to the Services and/or
terminate the memberships of any users who infringe any intellectual
property rights of others, whether or not there is any repeat infringement.
THIRD PARTY WEBSITES/SERVICES
The Services or third parties may provide or facilitate links, tools,
widgets or other features that allow you to access other sites, services
and resources provided by third parties (collectively, “Third Party
Resources”). Avale has no control over such Third Party Resources or any
products, services or content made available through or by such Third Party
Resources, or the business practices of the third parties providing such
Third Party Resources, and Avale is not responsible for and does not
endorse such Third Party Resources or the products, services or content
made available thereby.
You acknowledge that Avale is not responsible or liable for the content,
functions, accuracy, legality, appropriateness or any other aspect of such
Third Party Resources. You further acknowledge and agree that Avale will
not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or
reliance on any content, events, goods or services available on or through
any such Third Party Resources. Any dealings you have with third parties
found while using the Services are between you and the third party and may
be subject to additional terms provided by the third party, which you agree
to by using such Third Party Resources, and you agree that Avale is not
liable for any loss or claim that you may have against any such third
party.
INDEMNITY AND RELEASE
You agree to release, indemnify on demand and hold Avale and its affiliates
and their officers, employees, directors and agents harmless from any and
all losses, damages, expenses, including reasonable attorneys’ fees, costs,
awards, fines, damages, rights, claims, actions of any kind and injury
(including death) arising out of or relating to your use of the Services,
any Donation or Campaign, any User Content, your connection to the
Services, your violation of these Terms of Service or your violation of any
rights of another.
You agree that Avale has the right to conduct its own defense of any claims
at its own discretion, and that you will indemnify Avale for the costs of
its defense (including, but not limited to attorney’s fees.) If you are a
resident of another jurisdiction that subscribes to any Civil Code which
suggests or infers or requires a general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must have materially
affected his settlement with the debtor, and waive any comparable statute
or doctrine.
DISCLAIMER OF WARRANTIES
Your use of the services is at your sole risk. The services are provided on
an “as is” and “as available” basis. Avale and its affiliates expressly
disclaim and exclude, to the fullest extent permitted by applicable law,
all warranties, conditions and representations of any kind, whether
express, implied or statutory, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose, title and
non-infringement.
Avale and its affiliates make no warranty or condition that (i) the
services will meet your requirements, (ii) the services will be
uninterrupted, timely, secure, or error-free, (iii) the results that may be
obtained from the use of the services will be accurate or reliable, or (iv)
the quality of any products, services, information, or other material
purchased or obtained by you through the services will meet your
expectations.
Limitation of Liability
You expressly understand and agree that, to the fullest extent permitted by
applicable law, neither Avale nor its affiliates will be liable for any (a)
indirect, incidental, special, consequential, punitive or exemplary
damages, (b) damages for loss of profits, (c) damages for loss of goodwill,
(d) damages for loss of use, (e) loss or corruption of data, or (f) other
intangible losses (even if Avale has been advised of the possibility of
such damages), whether based on contract, tort, negligence, strict
liability or otherwise, resulting from (i) the use or the inability to use
the services; (ii) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or
obtained or messages received or transactions entered into through or from
the services; (iii) any promotions and related prizes or rewards made
available through the services; (iv) unauthorized access to or alteration
of your transmissions or data; (v) statements or conduct of any third party
on the services; or (vi) any other matter relating to the services. To the
fullest extent permitted by applicable law, in no event will Avale’s total
liability to you for all damages, losses (including contract, negligence,
statutory liability or otherwise) or causes of action exceed the amount you
have paid Avale in the last six (6) months, or, if greater, ten thousand
naira (n10,000).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH
THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USE OF THE SERVICES.
DISPUTES
Arbitration clause & class action waiver – important – please review as
this affects your legal rights
ARBITRATION; CLASS ACTION WAIVER.
You agree that all disputes between you and us or any of our officers,
directors or employees acting in their capacity as such (whether or not
such dispute involves a third party) with regard to your relationship with
us, including without limitation disputes related to these terms of
service, your use of the services, and/or rights of privacy and/or
publicity, will be resolved by binding, individual arbitration. Discovery
and rights to appeal in arbitration are generally more limited than in a
lawsuit, and other rights that you and we would have in court may not be
available in arbitration. You understand and agree that, by entering into
these terms, you and we are each waiving our right to participate in a
class action.
Notwithstanding the foregoing, nothing in these Terms of Service will be
deemed to waive, preclude, or otherwise limit the right of either of us to
(a) bring an individual action in small claims court; (b) pursue an
enforcement action through the applicable federal, state, or local agency
if that action is available; (c) seek injunctive relief in a court of law;
or (d) file suit in a court of law to address an intellectual property
infringement claim.
NO CLASS ACTIONS.
You and we agree that each may bring claims to the fullest extent legally
permissible against the other only in your or its individual capacity and
not as a plaintiff or class member in any purported class or representative
proceeding. Further, unless both you and we agree otherwise, the arbitrator
may not consolidate more than one person’s claims and may not otherwise
preside over any form of a representative or class proceeding.
MODIFICATIONS TO THIS ARBITRATION PROVISION.
If we make any future change to this Arbitration provision, other than a
change to our address for Notice of Arbitration, you may reject the change
by sending us written notice within 30 days of the change to our address
for Notice of Arbitration, in which case your account with us will be
immediately terminated and this Arbitration provision, as in effect
immediately prior to the changes you rejected will survive.
CONFIDENTIALITY.
We each agree to keep the arbitration proceedings, all information
exchanged between us, and any settlement offers confidential, unless
otherwise required by law or requested by law enforcement or any court or
governmental body. However, we may each disclose these matters, in
confidence, to our respective accountants, auditors, and insurance
providers.
TERMINATION
You agree that Avale, in its sole discretion, may suspend or terminate your
account (or any part thereof) or your access to the Services and remove and
discard any content or data at any time and for any reason, with or without
notice, and without any liability to you or to any third party for any
claims, damages, costs or losses resulting therefrom.
USER DISPUTES
You agree that you are solely responsible for your interactions with any
other user in connection with the Services and Avale will have no liability
or responsibility with respect thereto. Avale reserves the right, but has
no obligation, to become involved in any way with disputes between you and
any other user of the Services.
GENERAL
These Terms of Service constitute the entire agreement between you and
Avale and govern your use of the Services, superseding any prior agreements
between you and Avale with respect to the Services. You also may be subject
to additional terms and conditions that may apply when you use affiliate or
third-party services, third-party content or third-party software. These
Terms of Service will be governed by the laws of Nigeria.
With respect to any disputes or claims not subject to Arbitration, as set
forth above, you and Avale agree to submit to the personal and exclusive
jurisdiction of the state and federal courts located within Lagos, Nigeria.
The failure of Avale to exercise or enforce any right or provision of these
Terms of Service will not constitute a waiver of such right or provision.
If any provision of these Terms of Service is found by a court of competent
jurisdiction to be (or are otherwise) invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision, and the other provisions of these
Terms of Service remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Services or these Terms of Service must be
filed within one (1) year after such claim or cause of action arose or be
forever barred.
A printed version of this Agreement and of any notice given in electronic
form will be admissible in judicial or administrative proceedings based
upon or relating to this Agreement to the same extent and subject to the
same conditions as other business documents and records originally
generated and maintained in printed form. You may not assign these Terms of
Service without the prior written consent of Avale, but Avale may assign or
transfer these Terms of Service, in whole or in part, without restriction.
The section titles in these Terms of Service are for convenience only and
have no legal or contractual effect. Notices to you may be made via either
email or regular mail. The Services may also provide notices to you of
changes to these Terms of Service or other matters by displaying notices or
links to notices generally on the Platform.
PRIVACY POLICY
At Avale, we respect the privacy of our users. For details please see our
Privacy Policy. By using the Services, you consent to our collection and
use of personal data as outlined therein. If you are in Europe, by using
the Services, you acknowledge Avale’s collection and use of personal
information as described in the Privacy Policy.
QUESTIONS, CONCERNS AND SUGGESTIONS.
Please contact us at HQ@Avale.africa to report any violations of these
Terms of Service or to pose any questions regarding these Terms of Service
or the Services.
7,500,000
Leave a comment