Welcome to our Terms and Conditions of Use. These terms affect your legal rights, endeavour to read them and treat with utmost importance.
TERMS AND CONDITION
You may use the Services only if you agree to form a binding contract with the Foundation and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so.
By using the Services, you represent that:
Subject to your compliance with these Terms, The Foundation grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and view any content made available on or through the Services and accessible to you, solely for the uses authorised by these Terms and any other Agreement incorporated into these Terms.
The Services, entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) on all our platforms and channels, are owned by The Foundation, its licensors or other providers of such material and are protected by the laws of the Federal Republic of Nigeria and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The content/material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of The Foundation, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
You may use the Services solely for the purposes authorised and/or to learn about THE FOUNDATION’s products and services, and solely in compliance with these Terms; provided that you do not remove any proprietary notice language in our Content or part thereof, do not copy or post such Content or part of Content to any networked computer or broadcast it in any media, make no modifications to any such Content or part of Content and not make any additional representations or warranties relating to the Services or/and The Foundation’s products or/and services.
By using the Services, you agree that you will not:
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”). Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
You acknowledge and agree that the Foundation shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Foundation does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
To the maximum extent permitted by applicable law, the Foundation disclaims any and all representations, warranties and conditions relating to the Services and the use of the Services (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
THE FOUNDATION MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE PLATFORM AND THEIR CONTENT FOR ANY PURPOSE. THE SITE, AND THEIR CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS OR OTHER ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT.
IN NO EVENT SHALL THE FOUNDATION BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED.
YOUR SOLE REMEDY AGAINST THE FOUNDATION FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING ANY OR ALL OF THE AFFECTED SERVICES.
Without prejudice to the foregoing provisions, your use of our site and services is at your own risk. You agree that the Foundation will no way be liable for (a) any direct, indirect, special, incidental punitive, consequential, punitive, special or exemplary damages or (b) any damages whatsoever in excess of the amount of the transaction or (including, without limitation, those damages resulting from revenue loss of revenues, lost profits, profit loss of, use, data, goodwill, loss of use , business interruption, or any other intangible losses), (whether the Foundation has been advised of the possibility of such damages or not) arising out of or in connection with the Foundation’s website or services (including, without limitation, use, to inability to use, or arising from the results of use of the Foundation’s website or services) whether such damages are based on warranty, tort, contract, tort, statute, or any other legal theory.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
You agree to indemnify, defend and hold harmless the Foundation, its affiliated companies, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Services, or any violation by you of these Terms.
The validity, construction and performance of this Agreement shall be governed by the laws of the Federal Republic of Nigeria.
Parties shall use their best endeavors to amicably settle any dispute or difference of opinion arising from or in connection with this Agreement through mutual discussions in line with our Dispute Resolution and Complaint Management Control Framework.
All disputes should be logged formally by sending an email to Info@chudeandegofoundation.org within 90 days of the transaction date.
Where the Parties are unable to resolve the dispute through mutual discussions, the dispute or difference of opinion shall be referred to mediation conducted by their legal representatives or financial auditors, where financial matters are involved. Failing which the dispute shall finally be referred to arbitration in accordance with the Arbitration and Conciliation Act Cap. A18, Laws of the Federation of Nigeria 2004, or any amendment thereto.
The place of arbitration shall be Lagos State, Nigeria and there shall be a sole arbitrator who shall be appointed jointly by the parties. Where the parties fail to jointly agree on the appointment, they shall approach the Lagos Multi-Door Court House to appoint a sole arbitrator who shall be competent to adjudicate on the issue in dispute.
The language to be used in the arbitral proceedings shall be English. The arbitral award shall be final and binding between the Parties. The reference of any dispute to arbitration shall not prevent the Parties from seeking any form of protective reliefs/injunctions/specific performance from a court of law via motion or other originating processes for the protection of any res pending the constitution of the Arbitral Panel and/or final award.
This agreement is a personal agreement between the Foundation and you. As a result, you are not allowed to assign your rights under this agreement to a third party. On the other hand, we can and will only transfer any of your and our rights or obligations under the agreement if we reasonably think that this won’t have a significant negative effect on your rights under these Terms or if we need to do so to keep to any legal or regulatory requirement.
Our failure or delay in enforcing any of our rights under these terms, if you have break the agreement does not amount to a waiver and will not prevent us from enforcing those or any other rights at a later date within the period stipulated by applicable law.
If you have any questions about these Terms, please contact us at +2348026297760
We are a non-profit committed to transforming communities through quality education and healthcare