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<?php $__env->startSection('title', 'Terms and Conditions'); ?>
<?php $__env->startSection('description', "Terms and Conditions: these are the policies, rules and regulations laid out in this
document."); ?>
<?php $__env->startSection('main'); ?>
<section class="our-terms">
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<h2><?php echo $__env->yieldContent('title'); ?></h2>
<p class="text"><?php echo $__env->yieldContent('description'); ?></p>
<p class="text"><strong>DEFINITIONS OF TERMS</strong></p>
<p class="text"><strong>Terms and Conditions: </strong><span>these are the
policies,
rules and regulations laid out in this document.</span></p>
<p class="text"><strong>FixGini:</strong><span>The brand name of the
site</span></p>
<p class="text"><strong>You: </strong><span>A visitor to this site</span>
</p>
<p class="text"><strong>Service Provider: </strong><span>One who is
registered on
FixGini as a provider.</span></p>
<p class="text"><strong>User: </strong><span>one who has requested for the
service of a
service provider.</span></p>
<p class="text"><strong>Service Charge</strong><strong>:</strong><span>
this is the
amount agreed and charged by the service provider for the service to be provided.</span></p>
<p class="text"><strong>Cancellation Fees: </strong><span>this is the
penalty for the
cancellation of an established service by a user.</span></p>
<p class="text"><strong>Escrow wallet: </strong><span>A virtual account
for holding an
amount paid by the user pending onward rendition to the provider.</span></p>
<p class="text"><strong>Transaction fee: </strong><span>This represents
the bank
charges associated with the transaction.</span></p>
<p class="text"> </p>
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<div class="terms_condition_grid text-start">
<div class="tab-content" id="nav-tabContent">
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<div class="grids mb90 mb40-md">
<h4 class="title">ACCEPTANCE OF TERMS</h4>
<p class="mb25 text fz15">The FixGini website available at <a
href="https://fixgini.com"> www.FixGini.com </a>, the FixGini mobile
application, all related sites and mobile applications, and the various content,
features, and services offered on and in connection with these sites and
applications, (collectively, the “Services”) are owned and operated by FixGini and
can only be accessed and used by you under the Terms and Conditions described below
(“Terms and Conditions”). These terms and conditions shall be reviewed and updated
from time to time.
You are expected to read these terms and conditions carefully before using the
website and mobile application.</p>
<p class="text fz15">By accessing, downloading, or using any of the Services, you agree
to become bound by these terms and conditions. If you do not agree to all the terms
and conditions, then you may not access and use the services. </p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">REGISTRATION DETAILS</h4>
<p class="mb25 text fz15">You are required to create an account to use or access certain
parts of the Services and use certain products and features. As a result, you may be
required to provide login information such as a username and password to access and
utilize your account. As a condition of your use of the Service, you agree to
provide FixGini with correct and complete information as required by the FixGini’s
registration forms, when registering for or using the Services and regularly update
such correct information. However, it becomes your responsibility to ensure that
confidentiality of any password or other details is maintained. You also take full
responsibility for all activities that occur under your username and password.</p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">USER POLICY</h4>
<p class="mb25 text fz15">
<ul class="mb25 text fz15">
<li class="mb15"><span>Every conversation
between the Provider and the User shall be through the platform. This is
required for transparency, accountability, monitoring and complaints
resolution;</span></li>
<li class="mb15"><span>Service request is
not valid until payment is made via the platform;</span></li>
<li class="mb15"><span>Refund shall be
made where a job is canceled;</span></li>
<li class="mb15"><span>Every refund shall
be held in the user escrow wallet to be utilized for subsequent
service(s) except where specifically requested otherwise;</span></li>
<li class="mb15"><span>Where the refund
is otherwise required as stated above, the refund process shall take at
least 24 hours;</span></li>
<li class="mb15"><span>Where a user
chooses to cancel a job before the commencement time, such cancellation
shall attract a Cancellation Fees </span><span>(as set out in the User
Terms) may be
payable.</span></li>
<li class="mb15"><span>The User may make
changes to the Job order before the task is completed. This shall be
done by adjusting the job order form consequent upon the agreement of a
new price with the Provider.</span></li>
<li class="mb15"><span>Every user shall
be charged a transaction fee to be added to the service charge. This
represents the bank charges associated with the transaction;</span></li>
<li class="mb15"><span>Users shall
complete the job completion form; and</span></li>
<li class="mb15"><span>A user shall be
blocked from using the app having been found guilty of poor treatment of
provider</span></li>
</ul>
</p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">PROVIDER POLICY</h4>
<p class="text fz15">Every conversation between the Provider and the User shall be
through the platform. This is required for transparency, accountability, monitoring
and complaints resolution;
Every provider shall be charged a transaction fee to be deducted from the service
charge. This represents the bank charges associated with the transaction;
A provider with poor rating shall be denied access to the app having been rated
poorly by users on three occasions.</p>
<p class="text fz15">
Payment for Jobs will be paid by the User and collected by FixGini via the relevant
platforms in accordance with the User policy and will be remitted to the Provider in
accordance with this Provider policy.
The Provider will endeavor to notify through the chat screen on the platform if
there are any issues with delivery.
The Provider will call/ email/ text the User if the method of delivery is not
possible when they arrive at the delivery location. </p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY THE USER</h4>
<p class="text fz15">
In the event of loss or damage to the User’s items, both the User and the Provider
shall comply with the following:
</p>
<p class="text fz15">
The Provider shall be liable to the User for direct loss up to a maximum of the
equivalent of the charges paid in relation to the relevant Job.
The Provider shall not be liable for losses that result directly or indirectly from
or in connection with any of the following, regardless of any other contributory
cause or event:
war, invasion, act of foreign enemy, hostilities or a warlike operation or
operations (whether war be declared or not), civil war, rebellion, revolution, riot,
insurrection, civil commotion assuming the proportions of or amounting to an
uprising, military or usurped power;
terrorism, which is defined as any act or acts including but not limited to the use
or threat of force or violence or harm or damage to life or property (or the threat
of such harm or damage) including but not limited to harm or damage by nuclear,
chemical, biological or radioactive means, caused or occasioned by any person or
group of persons, or so claimed, in whole or in part for political, religious,
ideological or similar purposes; or
any action taken in controlling, preventing, suppressing or in any way relating to
(a) or (b) above.
</p>
<p class="text fz15">
Nothing in these terms shall limit or exclude the Provider’s liability for death or
personal injury caused by their negligence or the negligence of their employees,
agents or subcontractors; for fraud or fraudulent misrepresentation; or for any
other loss which cannot be limited or excluded by law.</p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">USE OF YOUR CONTENTS AND REVIEWS</h4>
<p class="text fz15"><span style="font-weight: 400;">The following conditions of
submitting any Content or other materials to the Services, you agree that: You
grant FixGini all the rights and license to use </span></p>
<ul class="mb25 text fz15">
<li class="mb15"><span class="mb15"> </span><span
class="mb15">you grant to FixGini all rights to use, reproduce,
copy, adapt, modify, merge, distribute, publicly display and create
derivative works from, incorporate such Content into other works without any
cost; sublicense through multiple tiers the Content, and acknowledge that
this license cannot be terminated by you once your Content is submitted to
the Services; acknowledge that FixGini possess all rights required to
publish or refrain from publishing your name and address in connection with
your Content;</span></li>
<li class="mb15"><span class="mb15">you grant to FixGini
all rights necessary to prohibit the subsequent aggregation, display,
copying, duplication, reproduction, distribution, or exploitation of your
Content by any other party;</span></li>
<li class="mb15"><span class="mb15">FixGini may make your
personal information and report available to the public and to the Service
Providers on which you report;</span></li>
<li class="mb15"><span class="mb15">you represent that you
own or have secured all legal rights necessary for the Content submitted by
you to be used by you, FixGini, and others as described and otherwise
contemplated in these Terms and Conditions;</span></li>
<li class="mb15"><span class="mb15">you represent and
warrant that each person identified, depicted, or shown in in your Content,
if any, (and if a minor, the parent or guardian of the minor) has provided
consent to the use of the Content consistent with these Terms and
Conditions;</span></li>
<li class="mb15"><span class="mb15">you are solely
responsible for your reviews and ratings;</span></li>
<li class="mb15"><span class="mb15">FixGini may, in its
sole discretion, choose to remove or not to remove reviews and ratings once
published;</span></li>
<li class="mb15"><span class="mb15">you will not submit
any reviews that may be considered by FixGini to be infringing, harassing,
libelous, abusive, threatening, obscene, profane, hateful, offensive,
harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant
law or right of any other party, or racially, ethnically or otherwise
objectionable;</span></li>
<li class="mb15"><span class="mb15">all of your reviews
and ratings will either be based upon your actual first-hand experiences
with the Service Providers you are reviewing or all of your reviews and
ratings of the Service Providers that you are rating will be accurate,
honest, truthful, and complete in all respects;</span></li>
<li class="mb15"><span class="mb15">you do not work for,
own any interest in or serve on the board of directors of, any of the
Service Providers for which you submit reviews and ratings; you are not in
any way related (by blood, adoption or marriage, if the Service Provider is
an individual) to any of the Service Providers for which you submit reviews
or ratings;</span></li>
<li class="mb15"><span class="mb15">you have not been
hired for any reward to post reviews and ratings;</span></li>
<li class="mb15"><span class="mb15">you will submit
objective and thoughtful reviews of the Service Providers you
review </span></li>
<li class="mb15"><span class="mb15">your reviews are not
comment on other users or the reviews of other users;</span></li>
<li class="mb15"><span class="mb15">reviews with
hyperlinks are unacceptable; or</span></li>
<li class="mb15"><span class="mb15">the reviews and
ratings that you provide do not reflect the views of FixGini, its officers,
managers, owners, employees, agents, designers or other users.</span></li>
</ul>
</p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">PUBLICATION OF CONTENT</h4>
<p class="text fz15">You shall be held responsible for any legal action arising from
queries in respect of the accuracy, integrity, quality or appropriateness of any
Content transmitted to or through the Service. FixGini remains a passive conduit and
an interactive computer service provider for the publication and distribution of
Content and for the publication and distribution of any content posted by Service
Providers in response to Content (“Service Provider Content”). </p>
<p class="text fz15">You understand that
all Content and Service Provider Content posted on, transmitted through or linked
through the Service, are the sole responsibility of the person from whom such
Content originated. You understand that FixGini does not control and is not
responsible for Content or Service Provider Content made available through the
Service, and that by using the Service, You may be exposed to Content that is
inaccurate, misleading, or offensive. You agree that You must evaluate and make Your
own judgment, and bear all risks associated with the use of any Content and Service
Provider Content.
</p>
<p class="text fz15">
You further acknowledge that FixGini has no obligation to screen, preview, monitor
or approve any Content or Service Provider Content, or Content posted or submitted
by any other FixGini member or any Service Provider. However, FixGini reserves the
right to review and delete any Content that, in its sole judgment, violates the
terms and conditions of this Agreement. By using the Service, You agree that it is
solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use,
accuracy, usefulness, completeness or appropriateness of any Content that you
submit, receive, access, transmit or otherwise convey through the Service.
</p>
<p class="text fz15"> Under no
circumstances will FixGini be liable in any way for any Content or Service Provider
Content, including, but not limited to, any Content or Service Provider Content that
contains any errors, omissions, defamatory statements, or confidential or private
information (including, but not limited to, health information) or for any loss or
damage of any kind incurred as a result of the use of any Content or Service
Provider Content submitted, accessed, transmitted or otherwise conveyed via the
Service. You waive the right to bring or assert any claim against FixGini relating
to Content or Service Provider Content, and release FixGini from any and all
liability for or relating to any Content or Service Provider Content.
</p>
<p class="text fz15">
You may, however, report Content that you believe violates these Terms and
Conditions or is otherwise unlawful through our complaints center. Please note that
you may be liable for damages (including costs and attorneys’ fees) for unlawful
misrepresentations. If you are uncertain whether an activity is unlawful, we
recommend seeking advice from an attorney.
</p>
<p class="text fz15">
You agree that FixGini may establish general practices, policies and limits, which
may or may not be published, concerning the use of the Services, including without
limitation, the time that reviews and ratings will be retained, the maximum number
of reviews and ratings that may be sent from an account, the length of reviews and
ratings sent, and the maximum number of times and the maximum duration for which you
may access the Services in a given period of time. You agree that FixGini has no
responsibility or liability for the deletion or failure to store any Content or
other materials maintained or transmitted by or through the Services. You agree that
FixGini has the right to change these general practices and limits at any time, in
its sole discretion, with or without notice. </p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">SERVICE PROVIDERS</h4>
<p class="text fz15">FixGini does not endorse and is not responsible or liable for any
content, data, advertising, products, goods or services available or unavailable
from, or through, any third party or Service Provider. You agree that should you use
or rely on such content, data, advertisement, products, goods or services, available
or unavailable from, or through any third party or Service Provider, FixGini is not
responsible or liable, indirectly or directly, for any damage or loss caused or
alleged to be caused by or in connection with such use or reliance. </p>
<p class="text fz15">Your dealings
with, or participation in promotions of any Service Provider, and any other terms,
conditions, representations or warranties associated with such dealings, are between
you and such Service Provider exclusively and do not involve FixGini. You should
make whatever investigation or other resources that you deem necessary or
appropriate before hiring or engaging Service Providers.
</p>
<p class="text fz15">
Third parties and Service Providers may link or otherwise direct Internet users to
our Services for the purpose of utilizing one or more of the services we provide on
behalf of others. Additionally, we may provide links or otherwise direct you to
third party or Service Provider websites. FixGini does not control or operate any
such third party or Service Provider websites. Any information you provide to these
third party or Service Provider websites while on these third party or Service
Provider websites is subject to the respective policies of those third parties or
Service Providers, and not FixGini’s policies. </p>
<p class="text fz15">It is your responsibility to review
such third party or Service Provider policies, including any relevant privacy
policies. You agree that FixGini will not be responsible or liable for, and does not
endorse any content, advertising, goods or services provided on or through these
outside websites or for your use or inability to use such websites. FixGini does not
make any representations or warranties as to the security of any information
(including, without limitation, credit card and other personal information) you
might be requested to give to any third party or Service Provider sites. You use
these third party or Service Provider websites at your own risk.
</p>
<p class="text fz15">
You agree that FixGini is not responsible for the accessibility or unavailability of
any Service Provider or for your interactions and dealings with them, waive the
right to bring or assert any claim against FixGini relating to any interactions or
dealings with any Service Provider and release FixGini from any and all liability
for or relating to any interactions or dealings with Service Providers.
</p>
<p class="text fz15">
Without limiting the foregoing, your correspondence or business dealings with,
consumption of products or services of, or participation in promotions of, third
parties or Service Providers found on or through the use of the Services, including
payment for and delivery or fulfillment of related goods or services, and any other
terms, conditions, warranties, or representations associated with such dealings, are
solely between you and such third party.</p>
<p class="text fz15"> You agree that FixGini shall not be
responsible or liable, directly or indirectly, for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the presence of such
third parties or Service Providers on the FixGini Services. </p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">TERMINATION</h4>
<p class="text fz15">FixGini may terminate your privilege to use or access the Services
immediately and without notice for any reason whatsoever. Upon such termination, you
must immediately cease accessing or using the Services and agree not to access or
make use of, or attempt to use, the Services. </p>
<p class="text fz15"> Furthermore, you acknowledge that
FixGini reserves the right to take action -- technical, legal or otherwise -- to
block, nullify or deny your ability to access the Services. You understand that
FixGini may exercise this right in its sole discretion, and this right shall be in
addition to and not in substitution for any other rights and remedies available to
FixGini.</p>
<p class="text fz15">
All provisions of these Terms and Conditions which by their nature should survive
termination shall survive the termination of your access to the Services, including,
without limitation, provision regarding ownership, warranty disclaimers, indemnity,
and limitations of liability.</p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">TRADEMARKS AND COPYRIGHTS</h4>
<p class="text fz15">FixGini, and other Services graphics, logos, designs, page headers,
button icons, scripts, and service names are the trademarks or trade dress of
FixGini in Nigeria and/or other countries. These trademarks and trade dress may not
be used, including as part of trademarks and/or as part of domain names, keyword
advertisements, or email addresses, or in connection with any product or service in
any manner that is likely to cause confusion.
</p>
<p class="text fz15">
You should assume all Content and material made available on the Services is
protected by copyright law. Aside from user-submitted Content, all other materials
and other information on the Services, including, but not limited to, all text,
graphics, logos, icons, images, audio and video clips, downloads, data compilations
and software are the exclusive property of FixGini and/or its licensors and are
protected by all Nigerian and international copyright laws.</p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">CORRESPONDENCES</h4>
<p class="text fz15">FixGini may communicate any notices to You under these Terms and
Conditions, through electronic mail, regular mail or posting the notices on the
Site. All notices to FixGini will be provided by sending a letter, first class
certified mail, to Address. Such notices will be deemed delivered upon the
verification of delivery. </p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">NETWORK FLUCTUATION OR FAILURE</h4>
<p class="text fz15">The Services may be subject to limitations, delays, failure, and
other problems inherent in the use of the Internet and electronic communications.
FixGini is not responsible for any delays, failures or other damage resulting from
such problems.</p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">FEEDBACK FROM USERS</h4>
<p class="text fz15">FixGini appreciates hearing from you, as well as our other users,
and welcomes your comments regarding our Services and you are required to be
specific with such comments. Safe for the feedback, our policy prohibits you from
submitting creative ideas, suggestions or materials other than those specifically
requested by us. </p>
<p class="text fz15"> However, If, despite our request, you send us creative suggestions,
ideas, drawings, concepts or other information (collectively, the “Submissions”),
such Submissions will be the property of FixGini. In addition, none of the
Submissions will be subject to any obligations of confidentiality and FixGini will
not be liable for any future use or disclosure of such Submissions. </p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">WARRANTIES AND DISCLAIMERS</h4>
<p class="text fz15">FixGini makes no guarantee or warranty, express or implied, as to
the reliability, accuracy, timeliness or completeness of any information or content
and for the quality of service that the providers will provide.assumes no
responsibility for any errors or omissions therein. You access and use the services
at your own risk. </p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">INDEMNITY</h4>
<p class="text fz15">You agree to indemnify, defend and hold harmless FixGini, its
officers, managers, owners, employees, agents, designees, users, successors,
assigns, service providers and suppliers from and against all losses, liabilities,
expenses, damages, claims, demands and costs, including reasonable attorneys’ fees
and court costs due to or arising from: (a) any violation of these Terms and
Conditions by you; (b) the inaccurate or untruthful Content or other information
provided by you to FixGini or that you submit, transmit or otherwise make available
through the Service; or (c) any intentional or willful violation of any rights of
another or harm you may have caused to another. FixGini will have sole control of
the defense of any such damage or claim.</p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">LIMITATIONS AND EXCLUSION OF LIABILITY</h4>
<p class="text fz15">FixGini shall not be liable for or required to pay compensation of
any nature whatsoever for any loss arising from but not limited to the following
reasons:
inability to transmit data due to telecommunication infrastructure breakdown;
System shut-down for the purpose of system maintenance;
</p>
<p class="text fz15">
Systems failure and inability to perform its functions due to force majeure events
including but not limited to hurricane, tornadoes, terrorist attack, explosions,
acts of God, typhoons, earthquakes, tsunamis, floods, power failure, fires, storms,
war, shortage of labor or materials, riots, insurrections, , nonperformance of third
parties, political unrest governmental actions, civil disturbances, labour strikes,
orders of domestic or foreign courts or tribunals; or
</p>
<p class="text fz15">
Suspension or delay of services or systems failure due to reasons beyond the
reasonable control of FixGini.com such as hacker or cyber attacks, technical
adjustments or failure of the telecommunications department, website upgrades, third
party problems or any suspension of business operation (including but not limited to
delays or disruption of the resumption of work or operation ordered by any
government agency) in the event of a national or regional spread of epidemic or
pandemic.
</p>
<p class="text fz15">
disclosure of, unauthorized access to or alteration of your information or content;
content you submit, receive, access, transmit or otherwise convey through the
service;
statements or conduct of any service providers or other third party through the
service;
any other dealings or interactions you have with any service providers (or any of
their representatives or agents).
</p>
<p class="text fz15">
These limitations shall apply to the fullest extent permitted by law. In some
jurisdictions, limitations of liability are not permitted. In such jurisdictions,
some of the foregoing limitations may not apply to you. In that case, our aggregate
liability to you in respect of any deal to provide services to you under these terms
and conditions shall not exceed the total amount paid and payable to us under the
deal. Each separate transaction shall constitute a separate deal.</p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title"> MUTUAL ARBITRATION AGREEMENT</h4>
<p class="text fz15">Informal Negotiations. To expedite resolution and reduce the cost
of any dispute, controversy or claim, past, present, or future, between you and
FixGini, including without limitation any dispute or claim related to or arising out
of this Agreement ("Dispute"), you and FixGini may attempt to negotiate any Dispute
informally (the "Informal Negotiations'') before initiating any arbitration or court
proceeding. Such Informal Negotiations will commence upon written notice. </p>
<p class="text fz15">Your
address for any notices under this Section is your physical address that you have
provided to FixGini. FixGini's address for such notices is:
Arbitration. If a Dispute is not resolved through Informal Negotiations, you and
FixGini agree to resolve any and all Disputes (except those Disputes expressly
excluded below) through final and binding arbitration ("Arbitration Agreement").
This Arbitration Agreement shall be governed by the Nigerian Arbitration and
Mediation Act 2023 and evidences a transaction involving commerce. The arbitration
will be commenced and conducted before a single arbitrtor under the Commercial
Arbitration Rules (the "AADRC Rules") of the Nigeria Institute of Chartered
Arbitrators (NICArb.) Your arbitration fees and your share of arbitrator
compensation will be governed by the AADRC Rules. </p>
<p class="text fz15">If you are unable to pay such
costs, FixGini will pay all arbitration fees and expenses. Each party will pay the
fees for his/her or its own attorneys, subject to any remedies to which that party
may later be entitled under applicable law. The arbitrator will make a decision in
writing. Additionally, the arbitrator, and not any federal, state, or local court or
agency, shall have the exclusive authority to resolve any dispute relating to the
interpretation, applicability, enforceability, or formation of this Arbitration
Agreement. However, the preceding sentence shall not apply to the "Class Action
Waiver" described in Subsection (4) below.</p>
<p class="text fz15">
Excluded Disputes. You and FixGini agree that the following Disputes are excluded
from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or
concerning the validity of, any of your or our intellectual property rights; (2)
individual claims in small claims court; (3) any claim that an applicable federal
statute expressly states cannot be arbitrated; and (4) any claim for injunctive
relief.</p>
<p class="text fz15">
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To the fullest
extent permitted by applicable law, You and FixGini agree to bring any Dispute in
arbitration on an individual basis only, and not as a class or collective action.
There will be no right or authority for any Dispute to be brought, heard or
arbitrated as a class or collective action ("Class Action Waiver"). Regardless of
anything else in this Arbitration Agreement and/or the applicable AADRC Rules, the
interpretation, applicability, enforceability or formation of the Class Action
Waiver may only be determined by a court and not an arbitrator.
Rules/Standards Governing Arbitration Proceeding. </p>
<p class="text fz15">A party who wishes to arbitrate a
Dispute covered by this Arbitration Agreement must initiate an arbitration
proceeding no later than the expiration of the statute of limitations that
applicable law prescribes for the claim asserted. The arbitrator shall apply the
statute of limitations that would have applied if the Dispute had been brought in
court. The arbitrator may award any remedy to which a party is entitled under
applicable law, but remedies shall be limited to those that would be available to a
party in their individual capacity, and no remedies that otherwise would be
available to an individual under applicable law will be forfeited. The arbitrator is
without authority to apply any different substantive law. </p>
<p class="text fz15">The parties have the right
to conduct adequate civil discovery and present witnesses and evidence as needed to
present their cases and defenses, and any dispute in this regard shall be decided by
the arbitrator. The location of the arbitration proceeding shall take place in the
city or county where you reside, unless each party agrees otherwise. </p>
<p class="text fz15">A court of
competent jurisdiction shall have the authority to enter judgment upon the
arbitrator's decision/award.
Severability. You and FixGini agree that if any portion of this Section entitled
"Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will
be severed, and the remainder of this Section will be given full force and effect.
</p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">MISCELLANEOUS</h4>
<p class="text fz15">If you breach any term of these Terms and Conditions or other
agreement with FixGini, FixGini may pursue any legal or equitable remedy available,
including but not limited to, direct, consequential, and punitive damages and
injunctive relief. FixGini’s remedies are cumulative and not exclusive. Failure of
FixGini to exercise any remedy or enforce any portion of the Terms and Conditions at
any time shall not operate as a waiver of any remedy or of the right to enforce any
portion of the Agreement at any time thereafter.</p>
<p class="text fz15">
If any provision of the Terms and Conditions is found to be unenforceable or
invalid, that provision shall be limited or eliminated to the minimum extent
necessary so that the Terms shall otherwise remain in full force and effect and
enforceable.</p>
<p class="text fz15">
These Terms and Conditions are not assignable, transferable or sublicensable by you
except with FixGini’s prior written consent. We may transfer, assign or delegate the
Terms and its rights and obligations without consent.</p>
<p class="text fz15">
Users of this Services are responsible for compliance with all applicable
regulations and laws.</p>
<p class="text fz15">
No joint venture, partnership, employment or agency relationship exists between you
and FixGini as a result of these Terms and Conditions or use of the Services.
</p>
<p class="text fz15">
You acknowledge and agree that each of the Released Parties shall be an intended
third-party beneficiary of these Terms and Conditions.</p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">INTELLECTUAL PROPERTY RIGHT</h4>
<p class="text fz15">FixGini is the sole owner or lawful licensee of all the rights and
interests in the site and the site content. The site and its content embody trade
intellectual property rights protected under Nigerian copyright and other laws. All
title, ownership and intellectual property rights in the site and its content shall
remain with FixGini, our affiliates or licensors, as the case may be. All rights not
otherwise claimed under the Terms or by FixGini are hereby reserved.
</p>
<p class="text fz15">
"FixGini" and related icons and logos are registered trademarks or service marks of
FixGini Limited and its affiliates, in various jurisdictions and are protected under
applicable copyright, trademark and other proprietary rights laws. The unauthorized
copying, modification, use or publication of these marks is strictly prohibited.
</p>
<p class="text fz15">
FixGini may have independent third parties involved in the provision of the FixGini
site or services (e.g., the authentication and verification service providers). You
may not use any trademark, service mark or logo of such independent third parties
without prior written approval from such parties.
</p>
<p class="text fz15">
To the largest extent permissible under applicable law, all rights, title and
interest to all derivative work created by FixGini and/or its affiliates using user
content pursuant to the terms shall belong to FixGini, which may be freely
assignable, licensable or grantable by FixGini to any third party or its affiliates.
</p>
</div>
<div class="grids mb90 mb40-md">
<h4 class="title">GOVERNING LAW</h4>
<p class="text fz15">This Agreement shall be governed by and construed in accordance
with the laws of the Federal Republic of Nigeria, without giving effect to any
choice or conflict of law provision or rule (either of the Federal Republic of
Nigeria or any other jurisdiction) that would cause the application of the laws of
any jurisdiction other than the Federal Republic of Nigeria.</p>
</div>
</div>
</div>
</div>
</div>
</div>
</section>
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