Terms of Service
Last updated February 2, 2023
The following terms and conditions govern all use of the website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected to Digitslaw and all content, services, and products available at or through the website, including, but not limited to Digitslaw mobile software application (“Digitslaw “) (collectively referred to as the Service). The Service is owned and operated by the Digitslaw Network. Ltd.
You represent to us and warrant that you have the right, authority, and capacity to enter into this Agreement. If you are entering into this Agreement for an entity, such as the company you work for or own, you represent to us that you have the legal authority to bind that entity.
Not for Unsupervised Use of Persons Younger than 13
You may not access or use the Service or Services if you are not at least 13 years old or of full legal capacity within your region. (By using the Service, you warrant that you are 13 (thirteen) years of age or older and/or of full legal capacity. If you are under the age of 13 (thirteen) and/or if you are not legally permitted to enter into a binding agreement, then you may use the Service only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, YOU CANNOT USE THE SERVICES.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this Agreement.
If these terms and conditions are considered an offer by Digitslaw, acceptance is expressly limited to these terms. If you do not understand any of the terms and conditions of this Agreement or have any questions about the Terms, please contact us before using the Services by emailing us at firstname.lastname@example.org.
Violation of any of the terms below will result in the termination of your Account.
You agree to use the Service at your own risk.
1. Modification of Terms of Service
2. Registration of Accounts and Conditions of Usage
You agree to use Digitslaw and the Service for the purposes that they were intended and only in accordance with the terms of this agreement.
If you register a company and/or account on the Service, you agree, represent, and warrant to:
a) provide true, accurate, current, and complete information about yourself as prompted by the sign-up process; and
b) maintain and promptly update the information provided during sign-up to keep it true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Digitslaw has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Digitslaw may terminate your user account and refuse current or future use of any or all the Service.
Usernames and Passwords
If you are not the business owner and are registering an account on behalf of a business, you represent and warrant that you have been authorized and directed by your business’s principals to open the account and that you have shared all user names, passwords, and access credentials with other authorized representatives in your business and that you have provided us with the business contact information of at least one other person. If you leave the business and your business’s principal contacts us, we may be required to provide access to the account. You agree to hold harmless and release Digitslaw or other related Parties from any liability if we do so.
If you are a user on the Business’ team dashboard, you represent and warrant that you have been authorized and directed by your business’s principals to open the account and that you will act in good faith to keep relevant data protected. If you leave the business and your business’s principal contacts us, we may be required to provide access to the account. You agree to hold harmless and release Digitslaw or other related Parties from any liability if we do so.
Use of Usernames
You must not describe or assign keywords to your company and/or account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Digitslaw may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Digitslaw liability. We also reserve the right to remove, reclaim, or require that you change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Furthermore, you are entirely responsible for any activities that occur under your account. You must immediately notify Digitslaw of any unauthorized uses of your company, your account or any other breaches of security.
Digitslaw will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You agree to hold harmless and release Digitslaw from any loss or liability whatsoever that you may incur as a result of someone other than you use your username, password or account, either with or without your knowledge. You agree to indemnify Digitslaw for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
We do not guarantee that our Service, or any Content on it, will always be 100% accessible or uninterrupted. We will not be liable (legally responsible) to you if, for any reason, our Service or the Services or Content accessible on our Service are unavailable at any time or for any period.
3. User Representations
By using the Service, you represent and warrant that:
- You are not a minor in the jurisdiction in which you reside (or if a minor, you have received parental permission to use the Service).
- You will not access the Service through automated or non-human means, whether through a bot, script, or otherwise.
- You will not use the Service for any illegal or unauthorized purpose.
- Your use of the Service will not violate any applicable law or regulation.
4. Electronic Delivery
By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Service. Communications include but are not limited to:
- Annual disclosures.
- Transaction receipts or confirmations.
- Communication in relation to delinquent accounts (which may also be by phone and may be made by Digitslaw or by anyone on its behalf, including a third-party collection agent).
- Account statements and history, etc
We will provide these Communications to you by emailing them to you at the primary email address listed in your Account registration, by emailing you a link or instructions how to access them on a website, or (if permitted by law) by posting them on the Service. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to our Service. You further agree that your electronic signature or your initial has the same effect as your manual, physical signature.
By giving your consent, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your Account at a later date.
3.1 How to Withdraw Your Consent
4. Fees and Payment
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including email address, payment method, payment card expiration date, etc., so that we can complete your transactions and contact you as needed.
We accept the following forms of payment: Visa, Mastercard, Zelle, PayPal, Paystack, Bank Transfer, and Flutterwave. Please note that we do not accept cash payments for the use of the service nor for transactions carried out through the service platform.
We will bill you through an online billing account for purchases made via the Service. Value Added Tax/Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments can be made either in US Dollars or Naira.
You agree to pay all charges or fees at the prices stated for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us in writing of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Service. From time to time, we may change the price of any Service or charge for the use of Services that are currently available free of charge.
4.1 Free Trial
We offer a 30-day free trial to new users who register with the Service. At the end of the free trial period, you are required to pay the relevant subscription fee, or the use of services will be restricted Service. The account will be charged according to the user’s chosen subscription at the end of the free trial being 3 months.
4.2 Automatic Renewal
Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, you hereby authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanisms we have on record for you. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date and this communication must be in writing.
Subscriptions can be canceled at any time from Digitslaw‘s Subscription page. In such a case, you will not get support and updates after the subscription period ends. Alternatively, you can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, user to write in/please email us at email@example.com.
4.4 Refund Policy
Unless indicated otherwise at the explicit discretion of Digitslaw, all sales are final, and no refunds are provided for any products or services provided.
5. Copyrights, Trademarks, and Intellectual Property
Digitslaw, its licensors, and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, mobile app/web page designs, mobile app/web page layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using Digitslaw and its services. The technical procedures, processes, concepts, and methods of operation that are inherent within Digitslaw constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered by you while using Digitslaw or otherwise provided for accessing Digitslaw on your behalf shall at all material times remain the property of the user. You hereby grant Digitslaw a worldwide, perpetual, royalty-free, nonexclusive right and license to use all content provided by you in connection with Digitslaw and the Services for uses related to the delivery of the Services.
Materials on and relating to Digitslaw, including the content of Digitslaw and any software downloaded from Digitslaw, are protected by copyright, trademark, and other intellectual property laws. Subject to your ownership of your user content and data, Digitslaw reserves all rights in and to such materials. The subscriber will not make, store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer, or copy the Services or any of the materials or software or any part of Digitslaw or any content therefrom without Digitslaw’s express written consent. You will also take all reasonable steps to avoid any unauthorized use, copying, or transfer of materials on or relating to Digitslaw.
Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screenshots) which you generate as a subscriber using the Services. Your use of screenshots is subject to the following:
- the use is for illustrative purposes.
- the use may not imply any endorsement or affiliation by or with Digitslaw.
- the screenshot does not contain any commentary which may appear to have been attributable to us.
- the screenshot does not contain any third-party content; and
Digitslaw has rights to several trademarks which it uses in connection with the operation of the Service. Digitslaw does not grant the users any right or license to use Digitslaw trademarks or any logo, tradename, or other intellectual property other than as expressly set out herein and in other licenses between you and us.
- Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not:
- transfer the Services or otherwise make it available to any third party;
- provide any service based on the Services without prior written permission;
- use the third-party links to sites without agreeing to their website terms & conditions;
- post links to third-party sites or use their logo, company name, etc. without their prior written permission;
- publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
- use the Services in any manner that could damage, disable, overburden, impair, or harm any server, network, computer system, or resource of Digitslaw;
- violate any applicable local, state, national, or international law; and
- create a false identity to mislead any person as to the identity or origin of any communication.
No user shall use any means to restrict or prevent another user from accessing or enjoying Digitslaw.
No user shall be permitted to upload material into Digitslaw that he or she ought to know infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our Service. You may not use Digitslaw and the Services in a manner that could block access to, impair, damage, or otherwise disable Digitslaw or any of our servers. You may not attempt to gain unauthorized access to Digitslaw or to any other user’s accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable laws.
No user shall lease, sell, pledge, sublicense, assign, or otherwise deal with the software belonging to Digitslaw in a manner that is inconsistent with our intellectual property rights over the software. No user shall promote any commercial interest, falsify or delete any information on Digitslaw, collect personal information without express authority to do so, violate any applicable laws, create a false identity or utilize Digitslaw under false pretenses.
Inactive User Accounts Policy:
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and the option to back up your data.
If we receive a complaint from any person against you with respect to your activities as part of your use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Digitslaw in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days time limit will be construed as your consent to the disclosure of your name and contact information by Digitslaw to the complainant.
7. Third-Party Links, APIs, and Content.
The Service may contain (or you may be directed via the Service) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third-party service providers (“Third-Party Content”).
Some of the functionality of the Services and Digitslaw may interoperate with, other application programming interfaces (APIs) from third parties, such as Google. If at any point such third-party services cease to make themselves or their APIs available to us on reasonable terms, we may cease to provide those third-party services without entitling you to a refund, credit, or other compensation. Your only recourse shall be to stop using Digitslaw and its Services. In addition, if you authorize us to do so, we may grant third parties access to some or all (depending on the permission you give) of your private data, content, and information through our own API for use in connection with their services.
You acknowledge that such sites and services are completely independent of Digitslaw and as we have no control over them, we accept no liability in respect of your use, ability or inability to use them or any of the content of such sites.
In addition, we may at any time in our discretion and without notice to you, discontinue providing our API to such third-party services. You acknowledge that any use of the products and services offered by such third-party services providers (e.g., for the purposes of payment processing, direct deposit services, payroll tax return preparation, filing and government remittances) will be at your sole risk. You acknowledge that the use of such third-party service providers and their websites and services is, except where prohibited or modified by applicable law, subject to the terms, conditions, and policies established by the third-party service providers. You expressly hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for and from any Claims arising out of your use of, or inability to use, the products and services of third-party service providers whether or not such use is ancillary to your use of Digitslaw. The availability of such third-party services in connection with Digitslaw does not constitute an endorsement, warranty, or representation as to the fitness, suitability, merchantability, title, non-infringement, quality, or accuracy of the third-party provider or its products or services.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you agree that we are not liable for any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
8. User-Generated Contributions
The Service may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personally identifiable information or other material (collectively, “Contributions”).
However, you shall be solely responsible for such content/contribution and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content.
In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in an above-stated manner, you expressly agree that Digitslaw will have the right to block access to or remove such content made available by you if Digitslaw receives complaints concerning any illegality or infringement of third-party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to the determination of questions of illegality or infringement of third-party rights in such content by the agent designated by Digitslaw for this purpose.
9. Guidelines for Reviews
We may provide you with areas on the Service to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- You should have first-hand experience with the person/entity being reviewed.
- Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
- Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
- Your reviews should not contain references to illegal activity.
- You should not be affiliated with competitors if posting negative reviews.
- You should not make any conclusions as to the legality of conduct.
- You may not post any false or misleading statements; and
- You may not organize a campaign encouraging others to post reviews, whether positive or negative.
- We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
- We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
13. Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our website, you agree to be bound to and follow these linking terms and conditions.
14. Service Management
15. Limitation of Liability
THE SUBSCRIBERS AND THE USERS HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE DIGITSLAW FROM ANY AND ALL MANNER OF RIGHTS, LOSSES, COSTS, CLAIMS, COMPLAINTS, DEMANDS, DEBTS, DAMAGES, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY LOST PROFIT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (COLLECTIVELY, A “CLAIM”) WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH:
- THIS AGREEMENT;
- THE USE OF DIGITSLAW AND ITS SERVICES AND ANY RELATED APPLICATIONS
- THE USE OF ANY SOFTWARE RELATED TO DIGITSLAW;
- VIRUSES, SPYWARE, SERVICE PROVIDER FAILURES OR INTERNET ACCESS INTERRUPTIONS;
- LOSS OF USE, LOSS OF DATA, ERROR, INACCURACY OF DATA, PAYMENT FAILURE, PAYMENT DEFECT, INACCURATE CALCULATIONS (EXCEPT AS OTHERWISE SET OUT HEREIN), DOWNTIME, IDENTITY THEFT, FRAUD OR UNAUTHORIZED ACCESS; OR
- ANY INFORMATION, DOCUMENT, MATERIALS, TOOLS, UTILITIES, PRODUCT OR DATA THAT RELATING TO THE USE OF DIGITSLAW AND THE SERVICES; WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, OR SUCH CLAIM WAS REASONABLY FORESEEABLE AND NOTWITHSTANDING THE SUFFICIENCY OR INSUFFICIENCY OF ANY REMEDY PROVIDED FOR HEREIN OR IN ANY LICENSE.
FOR GREATER CERTAINTY, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, DIGITSLAW AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, MISUSE, ERROR, OR LOSS OF DATA ARISING FROM SUCH ACCESS AND USE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
- BE FIT OR SUITABLE FOR ANY SPECIFIC PURPOSE OR INTENDED USE;
- MEET THE USERS’ REQUIREMENTS AND EXPECTATIONS;
- BE UNINTERRUPTED, FLAWLESS, TIMELY, ACCURATE, RELIABLE, SECURE OR ERROR FREE, OR;
- BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DIGITSLAW AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOU AGREE TO USE DIGITSLAW, THE SERVICES, ANY THIRD-PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY RELATED TO DIGITSLAW AT YOUR OWN RISK. YOU AGREE TO DETERMINE THE SUITABILITY OF DIGITSLAW AND SERVICES FOR YOUR INTENDED USE AND AGREE TO VERIFY ALL RESULTS OBTAINED USING DIGITSLAW AND THE SERVICES.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
18. User Data
We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Authorization to Export Data
Ownership and Disclosure of Information.
You own all your business’s private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service and Digitslaw . Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:
- For the purposes of fraud prevention and law enforcement.
- To comply with any legal, governmental or regulatory requirement.
- To our lawyers in connection with any legal proceedings; and
- To comply with a court order.
19. Term and Termination
We may also terminate this agreement and your use of Digitslaw at any time and for any reason with reasonable notice to you and without notice if you breach any of these terms or we suspect you of fraud or suspect that your Account has been compromised in any way.
In the case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger or reconstruction or upon a composition agreement being made with the creditors. Upon such termination, you must immediately cease using the Service. We may at our option immediately block your access to Digitslaw . If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Data of Children and Persons Below the Age of 18
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Service as quickly as is reasonably practical.
21. Governing Law
Except as otherwise set out herein, this Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of Nigeria applicable therein as applied to agreements entered and to be performed entirely within Nigeria, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. This agreement and any actions whatsoever taken by you in connection herewith and with any Service, software, tool, application or functionality, will be deemed to have been performed in Nigeria. The parties hereto irrevocably submit and attorn to the exclusive jurisdiction and venue of the courts of Nigeria.
22. Dispute Resolution
22.1 Informal Negotiations
Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the World Intellectual Property Organization (WIPO) Mediation Rules. The place of mediation shall be Lagos, Nigeria. The language to be used in the mediation shall be English.
If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within 60 days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules. Alternatively, if, before the expiration of the said period of 60 days, either party fails to participate or to continue to participate in the mediation, the dispute, controversy or claim shall, upon the filing of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rule.
The arbitral tribunal shall consist of a sole arbitrator. Where parties are unable to agree on the choice of Arbitrator fourteen (14) days after filing a Request for Arbitration, either of the parties may apply to the Lagos Court of Arbitration to appoint a single Arbitrator to resolve the dispute in accordance with the WIPO Expedited Arbitration Rules.
The place of arbitration shall be Lagos, Nigeria. The language to be used in the arbitral proceedings shall be English. The dispute, controversy or claim referred to arbitration shall be decided in accordance with WIPO Expedited Arbitration Rules and the laws of the Federal Republic of Nigeria. The cost of Arbitration shall be borne by the parties.
Irrespective of the foregoing, parties are at liberty to approach the courts empowered with the prerequisite jurisdiction for the purposes of obtaining preservative orders pending the determination of the arbitration.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
22.4 Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief
If a provision in this agreement is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Digitslaw shall not be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, pandemic, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.
Save as otherwise provided, no provision of these Service Terms constitutes a stipulation for the benefit of a third person which, if accepted by the person, would bind any party in favour of that person.