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TERMS OF USE, PRIVACY POLICY AND MARKETPLACE GUIDELINES

Please read these terms of use ("Agreement" or "Terms of Use") carefully before using the website and services offered by WESABI. The Agreement sets out the legally binding terms and conditions for your use of the website and all services provided by WESABI on the site.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all Users of the Site, including without limitation Users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.

1. Definitions and Interpretation

In this Agreement, the under listed words and expressions have the meanings hereby assigned except where the context otherwise requires:

  1. “Agreement” means this agreement between the Parties, as may be amended from time by the Company.
  2. “Company” means Wesabi their successors in title and permitted assigns
  3. “Parties” means any of the parties to this Agreement and includes their successors in title and permitted assigns and “Party” shall be construed accordingly.
  4. “Service” means a communications platform which enables the connection between Clients and Taskers.
  5. “Client’s” means individuals and/or businesses seeking to obtain task services (“Tasks”) from Taskers and are therefore clients of Taskers.
  6. “Taskers” means individuals and/or businesses seeking to perform Tasks (“Taskers”) for Clients.
  7. “Clients and Taskers” together are hereinafter referred to as “Users.”
  8. “Your Information” is defined as any information and materials Users provide to Company or other Users in connection with their registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas.

2. Scope of Service

The Service is a purely a platform for enabling connections between Users for the fulfillment of Tasks.

3. User Vetting

Clients and Taskers may be subject to an extensive vetting process before being granted permission to register and, during their use of the Service, including but not limited to a verification of identity and a comprehensive criminal background check, at the Country, State and local level, using Third Party services as appropriate. Users hereby give consent to Company to conduct background checks as often as required in compliance with Federal and State laws.

4. Release

The Service is only a venue for connecting Users. Because Company is not involved in the actual contact between Users or in the completion of the Task, in the event that User has a dispute with one or more Users, User hereby releases the Company (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

5. Public Area and Acceptable Use

  1. The Service may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users communicate with others. Users may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum.
  2. Without limitation, while using the Service, User may not:

    1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of other Users, including Company staff, nor publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
    2. Use the Service for any purpose, including, but not limited to posting or completing a Task, in violation of local, state, national, or international law.
    3. Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any Third Party.
    4. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
    5. Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
    6. Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service.
    7. Conduct or forward surveys, contests, pyramid schemes, or chain letters. Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments.
    8. Post the same Task repeatedly (“Spamming”). Spamming is strictly prohibited.
    9. Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.
    10. Restrict or inhibit any other User from using and enjoying the Public Areas.
    11. Imply or state that any statements made are endorsed by Company, without the prior written consent of Company.
    12. Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Service in any manner.
    13. Hack or interfere with the Service, its servers or any connected networks. Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.
    14. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Company.
    15. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, terrorism, hatred or physical harm of any kind against any individual or group of individuals.
    16. Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
    17. Use the Services in violation of the Marketplace Guidelines.
    18. Use the Service to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Service as set forth herein.
    19. Use the Service to collect Usernames and or/email addresses of Users by electronic or other means.
    20. Register under different Usernames or identities, after your account has been suspended or terminated.
  3. User hereby states that they understand that all submissions made to Public Areas will be public and that they will be publicly identified by their name or login identification when communicating in Public Areas, and Company will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

6. Termination and Suspension

  1. Company may terminate or suspend Users right to use the Service at any time for any or no reason by providing User with notice of such termination either in writing or by email, and termination will be effective within 24 hours of documented dispatch of notice of notice of said termination to user.
  2. Without limitation, Company may terminate or suspend Users right to the Service if Users breach any term of this Agreement or any policy of Company posted through the Service from time to time, or if Company otherwise finds that Users have engaged in inappropriate and/or offensive behavior.
  3. Should the Company terminate or suspend Users right to the Service for any of the reasons stated in b) above, User shall not be entitled to any refund of unused balance in their account.
  4. If Company terminates or suspends your account for any reason, Users are prohibited from registering and creating a new account under their name, a fake or borrowed name, or the name of any Third Party, even if User may be acting on behalf of the Third Party. In addition to terminating or suspending Users account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
  5. This Agreement shall remain enforceable against Users notwithstanding that Users right to use the Service has been terminated or suspended.
  6. User may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

7. Account, Password, Security and Mobile Phone Use

  1. User shall register with Company and create an account to use the Service as they are the sole authorized User of their account. Users shall in addition be responsible for maintaining the confidentiality of any password and account number provided by themselves or Company for accessing the Service.
  2. User is solely and fully responsible for all activities that occur under their password or account. Company has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should User suspect that any unauthorized Party may be using its password or account or suspect any other breach of security, User shall alert the Company immediately.
  3. By providing its mobile phone number and using the Service, User hereby affirmatively consents to our use of said mobile phone number for calls and texts in order to perform and improve upon the Service. Company will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply.

8. User Information

  1. Users are solely responsible for Your Information, as the Company acts merely as a passive conduit for Users online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User Generated Content.”
  2. User hereby represent and warrant to Company that Your Information
    1. will not be false, inaccurate, incomplete or misleading;
    2. will not be fraudulent or involve the sale of counterfeit or stolen items;
    3. will not infringe any Third Party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;
    4. will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
    5. will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing;
    6. will not be obscene or contain child pornography or be harmful to minors;
    7. will not contain any viruses, Trojan Horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
    8. will not create liability for Company or cause Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
  3. The Service hosts User Generated Content relating to reviews of specific Taskers. Such reviews not the opinion of Company, have not been verified or approved by Company and each User shall undertake their own research to be satisfied that a specific Tasker is the right person for a Task. Users agree that Company is not liable for any User Generated Content.
  4. Users hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Service.
  5. Each Tasker who provides to the Company any videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects, in exchange for the right to use the Service, hereby irrevocably grants to the Company the non-exclusive, fully-paid, royalty-free, transferable, sub licensable, worldwide, unrestricted, and perpetual right to:
    1. Use any videotape, film, record or photograph that such Tasker provides to the Company, and use, reproduce, modify, or creative derivatives of such Tasker picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”), in and in connection with the exhibition, distribution, display, performance, transmission, broadcasting on any and all media, including, without limitation, the internet, of any videos or images of such Tasker in connection with the Service.
    2. Reproduce in all media any recordings of such Tasker’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Service. Use, and permit to be used, such Tasker’s Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Service in any media. Use, and permit to be used, such Tasker’s name and identity in connection with the Service.
  6. Each Tasker hereby waives all rights and releases the Company from, and shall neither sue nor bring any proceeding against any such Parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Tasker’s identity, likeness or voice in connection with the Service.
  7. Each Tasker acknowledges that the Company shall not owe any financial or other remuneration for using the recordings provided hereunder by such Tasker, either for initial or subsequent transmission or playback, and further acknowledges that the Company is not responsible for any expense or liability incurred as a result of such Tasker’s recordings or participation in any recordings, including any loss of such recording data.

9. Links to other Websites

  1. Links (such as hyperlinks) from the Service to other sites on the Web do not constitute the endorsement by Company of those sites or their content. Such links are provided as an information service, for reference and convenience only. Company does not control any such sites, and shall not be held responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the Company Service as well as any advertisements displayed in connection therewith) does not mean that Company endorses any of the material on such websites, or has any association with their operators. It is Users responsibility to evaluate the content and usefulness of the information obtained from other sites.
  2. The use of any website controlled, owned or operated by Third Parties is governed by the terms and conditions of use and privacy policies for those websites, and not by Company's Terms of Service or Privacy Policy. Users access such Third-Party websites at their own risk. Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Service. You hereby agree to hold Company harmless from any liability that may result from the use of links that may appear on the Service.
  3. As part of the functionality of the Service, you may link your account with online accounts you may have with Third Party service providers (each such account, a “Third Party Account”) by either:
    1. providing your Third Party Account login information through the Service; or
    2. allowing Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern User’s use of each Third Party Account. User represents that they are entitled to disclose their Third Party Account login information to Company and/or grant Company access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by User of any of the terms and conditions that govern its use of the applicable Third Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such Third Party service providers.
  4. By granting Company access to any Third Party Accounts, User understands that Company may access, make available and store (if applicable) any content that User has provided to and stored in their Third Party Account (the “SNS Content”) so that it is available on and through the Service via your account, including without limitation any friend lists.
  5. Company may submit and receive additional information to Users Third Party Account to the extent Users are notified when they link their account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content for all purposes of these Terms of Service.
  6. Depending on the Third Party Accounts User chooses and subject to the privacy settings that User has set in such Third Party Accounts, personally identifiable information that User post to their Third Party Accounts may be available on and through Users account on the Service. Please note that if a Third Party Account or associated service becomes unavailable or Company’s access to such Third Party Account is terminated by the Third Party service provider, then SNS Content may no longer be available on and through the Service. Users will have the ability to disable the connection between their account on the Service and their Third Party Accounts at any time. PLEASE NOTE THAT USER’S RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH THEIR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY USERS AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
  7. Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Company is not responsible for any SNS Content. Users acknowledge and agree that Company may their e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing User of those contacts who have also registered to use the Service. At Users request made via e-mail info@wesabi.com, Company will deactivate the connection between the Service and Users Third Party Account and delete any information stored on Company’s servers that was obtained through such Third Party Account, except the Username and profile picture that become associated with your account.

10. Workers Classification and Withholdings

  1. Each User assumes all liability for proper classification of such User’s workers as independent contractors or employees based on applicable legal guidelines.
  2. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Company. Each User acknowledges that Company does not, in any way, supervise, direct, or control a Tasker’s work or Tasks performed in any manner. Company does not set a Tasker’s work hours or location of work. Company will not provide any equipment, labor or materials needed for a particular Task.
  3. The Service is not an employment service and Company does not serve as an employer of any User. As such, Company will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Users’ services.

11. Confidential Information

  1. User acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Company and agree that it will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to its authorized employees and agents who are bound to maintain the confidentiality of Confidential Information.
  2. User shall promptly notify Company in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use.
  3. User shall return all originals and any copies of any and all materials containing Confidential Information to Company upon termination of this Agreement for any reason whatsoever.
  4. The term “Confidential Information” shall mean any and all of Company’s trade secrets, confidential and proprietary information and all other information and data of Company that is not generally known to the public or other Third Parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall also be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

12. Disclaimer

  1. Use of the service is entirely at Users own risk. Company is not responsible for the performance of Users. Although Company may perform background checks of Users, as outlined in 3 (a) above, Company cannot confirm that each User is who they claim to be and therefore, Company cannot and does not assume any responsibility for the accuracy or reliability identity or background check information or any information provided through the Service nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Tasks Clients, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. It is solely the absolute responsibility of User when interacting with other Users, to exercise caution and common sense to protect User personal safety and property, just as User would when interacting with other persons whom User does not know.
  2. The service is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Company makes no warranties or representations about the accuracy or completeness of the content provided through the service or the content of any sites linked to the service and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from Users access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
  3. Company does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a Third Party through the service or any hyperlinked website or featured in any banner or other advertising and Company will not be a Party to or in any way be responsible for monitoring any transaction between User and Third-Party providers of products or services, other than as provided herein. As with the purchase of a product or service through any medium or in any environment, User should use their best judgment and exercise caution where appropriate.
  4. Without limiting the foregoing, neither Company nor its affiliates or licensors warrant that access to the service will be uninterrupted or that the service will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the service, or as to the timeliness, accuracy, reliability, completeness or content of any task or service, information or materials provided through or in connection with the use of the service.
  5. Neither Company nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User.
  6. Neither Company nor its affiliates or licensors warrant that the service is free from viruses, worms, trojan horses, or other harmful components.
  7. Company and its affiliates and licensors cannot and do not guarantee that any personal information supplied by Users will not be misappropriated, intercepted, deleted, destroyed or used by others.
  8. In addition, notwithstanding any feature a User may use to expedite Taskers selection, each User is responsible for determining the task and selecting their Tasker and determining the task and Company does not warrant any goods or services purchased by a User and does not recommend any particular Taskers. Company does not provide any warranties or guarantees regarding any Tasker’s professional accreditation, registration or license.

13. Liability

  1. User acknowledges and agrees that Company is only willing to provide the service if they agree to certain limitations of Company’s liability to User and Third Parties. Therefore, User agrees not to hold Company, its affiliates, its licensors, its partners in promotions, sweepstakes or contests, or any of such Parties’ agents, employees, officers, directors, corporate partners, or participants liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to User or any other Party’s use of or inability to use the service, including without limitation any liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Company or its affiliates or licensors and any destruction of your information, other than pursuant to the Taskers guarantee terms.
  2. In the event that notwithstanding the foregoing exclusions, it is determined that Company or its partners in promotions, sweepstakes or contests, affiliates, its licensors, or any of such Parties’ agents, employees, officers, directors, corporate partners, or participants is liable for damages in excess of the Taskers guarantee terms, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by User to Company during the six (6) months prior to the time such claim arose.
  3. Company expressly disclaims any liability that may arise between Users of its Service.

14. Indemnification

  1. User hereby agree to indemnify, defend, and hold harmless Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with (i) User’s use or inability to use the Service, or (ii) any content submitted by you or using your account to the Service, including, but not limited to the extent such content may infringe on the intellectual rights of a Third Party or otherwise be illegal or unlawful. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. User will not, in any event, settle any claim or matter without the written consent of Company.
  2. User agrees to indemnify, hold harmless and defend Company from any and all claims that a Tasker was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Tasker was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Company was an employer or joint employer of a Tasker, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.

15. Fees and Charges

A certain percentage of fees and charges is set to be collected by WESABI from the amount the Taskers bills a client for all completed task. This is how WESABI generate its income and revenue.

16. Severence

If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

17. Disputes

  1. If any dispute, difference or controversy arises out of or in relation or connection to this Agreement, the parties shall attempt to resolve and settle same amicably by negotiations between themselves. Such negotiation shall commence by written notice. It is agreed that Users address for such notices shall be their billing address, with an email copy to the email address User have provided to Company. Company’s address for such notices is WESABI SOLUTIONS & NETWORK LTD, Plot 22b Josephine Ndubusi street, lekki scheme 2, Ajah, Lagos State.
  2. In the event the parties are unable to settle the dispute, difference or controversy within 30 (Thirty) days, it shall be referred to arbitration by any of the parties in accordance with the provisions of the Arbitration and Conciliation Act, Chapter A18, Laws of the Federation of Nigeria, 2004 or any statutory enactments in that behalf for the time being in force. The cost of Arbitration proceeding shall be borne in equal proportion by the Parties.

18. Governing Law

This Agreement shall be governed and constructed in accordance with the Laws of the Federal Republic of Nigeria.

19. Special Promotion

Company may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of Company, and can be activated, modified or removed at any time by Company without advance notification and the liability of any of Company’s partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to Section 13 of these Terms of Service.

20. Agency

Parties understand that no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

21. Disclaimer

Any delay or failure the Company to insist on any right or obligation hereunder shall not be interpreted as a waiver of that right or obligation rather such right or obligation shall continually subsist.

22. Disclaimer

  1. Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Service or any content or information through the Service at any time, effective with or without prior notice and without any liability to Company.
  2. Company will endeavor to notify User of these changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to Users or cause Users to no longer be in compliance with this Agreement, User must terminate, and immediately stop using, the Service. Users continued use of the Service following any revision to this Agreement constitutes their complete and irrevocable acceptance of any and all such changes.

23. Entire Agreement

This Agreement constitutes the entire agreement and the understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Agreement.

ACKNOWLEDGEMENT

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE, PRIVACY POLICY AND MARKETPLACE GUIDELINES AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.