ONLINE TERMS OF USE.
These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by KAYNULI (hitherto referred to as “Site”). Your compliance with these Terms of Use is a condition to your use of the Site.
If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies.
Binding Mediation: These Terms of Use provide that all disputes between you and the site that in any way relates to these Terms of Use or your use of the Site will be resolved by MEDIATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use.
Your rights will be determined by a NEUTRAL MEDIATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; for the details regarding your agreement to mediate any disputes with the website.
1. Ownership of the Site;
All pages within this Site and any material made available for download are the property of the site, or its licensors or suppliers, as applicable. The Site is protected by international copyright and trademark laws.
The contents of the Site, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by the site.
You may not frame or utilize framing techniques to enclose, or deep-link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of the site without our express written consent.
2. Site Access, Security and Restrictions;
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. The site will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
3. Accuracy and Integrity of Information;
Although the site attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties.
In the event that an inaccuracy arises, please inform the site so that it can be corrected. The site reserves the right to correct any inaccuracies in the Site without notice. Information contained on the Site may be changed or updated without notice.
4. Links to Other Sites and Third-Party Advertisements;
The site makes no representations, warranties or guarantees whatsoever about any other website that you may access through this Site, or any products advertised by third party vendors on the Site, including with respect to any pricing information for such third party products advertised on the Site.
When you access another website via this site, please understand that it is independent from KAYNULI, and that the site has no control over the content or any products marketed on that website. Your use of any other website, including any transactions engaged in connection therewith, may be subject to applicable third party terms and conditions.
We encourage you to be aware when you leave our Site and to read the applicable terms of use, terms of service, or other terms and conditions of each and every website that you access.
In addition, a link to another website or an advertisement for a third party product does not mean that the site endorses or accepts any responsibility for the use of such linked website, or for the content on an such linked website, including any products advertised or sold thereon.
It is up to you to take precautions to ensure that whatever you select for your use, purchase or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. YOUR COMMUNICATIONS AND DEALINGS WITH THIRD PARTIES THROUGH LINKS TO OTHER WEBSITES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH COMMUNICATIONS AND DEALINGS, ARE SOLELY BETWEEN YOU AND THE APPLICABLE THIRD PARTY. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THIS SITE, YOU DO THIS ENTIRELY AT YOUR OWN RISK.
5. User-Generated Content, Reviews, Feedback and other Postings to the Site;
If you submit, upload or post any articles, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component.
You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to the site that you have the legal right and authorization to provide all User Generated Content to us for the site’s use as set forth herein. The site shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner it desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. The site is under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
The site reserves the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant us the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. The site and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold the site harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Generated Content you post or allow to be posted to the Site.
6. Claims of Copyright Infringement;
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
The site respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to the site’s Designated Copyright Agent, identified below:
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice via e-mail complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your telephone number.
- Provide your full legal name and your electronic or physical signature
- Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Deliver this Notice via email, with all items completed, to our Copyright Agent: Anulika Ben – anuli@kaynuli.com
7. Disclaimer of Warranties;
THE SITE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. THE SITE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. THE SITE DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
8. Limitation of Liability Regarding Use of Site;
THIS SITE AND ANY THIRD PARTIES MENTIONED ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF THIS SITE TO YOU WITH RESPECT TO YOUR USE OF IT IS $100 (ONE HUNDRED DOLLARS).
9. Dispute Resolution;
We will try work in good faith to resolve any issue you have with the Site if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
You and the site agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site shall be determined by binding mediation instead of in courts of general jurisdiction. Mediation is more informal than bringing a lawsuit in court. You agree that this mediation shall take place at the Lagos State Multi-Door Courthouse. You agree that, by agreeing to these Terms of Use, the Nigerian Arbitration and Conciliation Act in tandem with the Lagos State Multi-Door Courthouse Rules govern the interpretation and enforcement of this provision, and that you and the site are each waiving the right to a trial by jury or to participate in a class action. This mediation provision shall survive termination of these Terms of Use and any other contractual relationship between you and the site.
If you reside outside of Nigeria, any mediation hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the Lagos State Multi-Door Courthouse Rules.
YOU AND THE SITE AGREE THAT EACH PARTY MAY BRING CLAIMS 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 the site agree otherwise, the mediator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
If this Dispute Resolution provision is found to be unenforceable, then (a) the entirety of this mediation provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located Lagos, Nigeria.
10. Revisions;
The website reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
These Terms of Use constitute the entire agreement between the site and you pertaining to the subject matter hereof. In its sole discretion, the website may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound.
Your continued use of the Site after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Last revised: September 5, 2019