ACCEPTANCE OF TERMS

The FixGini website available at www.FixGini.com , 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.

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.

REGISTRATION DETAILS

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.

USER POLICY

• Every conversation between the Provider and the User shall be through the platform. This is required for transparency, accountability, monitoring and complaints resolution;
• Service request is not valid until payment is made via the platform;
• Refund shall be made where a job is canceled;
• Every refund shall be held in the user escrow wallet to be utilized for subsequent service(s) except where specifically requested otherwise;
• Where the refund is otherwise required as stated above, the refund process shall take at least 24 hours;
• Where a user chooses to cancel a job before the commencement time, such cancellation shall attract a Cancellation Fees (as set out in the User Terms) may be payable.
• 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.
• Every user shall be charged a transaction fee to be added to the service charge. This represents the bank charges associated with the transaction;
• Users shall complete the job completion form; and
• A user shall be blocked from using the app having been found guilty of poor treatment of provider

PROVIDER POLICY

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.

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.

RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY THE USER

In the event of loss or damage to the User’s items, both the User and the Provider shall comply with the following:

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.

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.

USE OF YOUR CONTENTS AND REVIEWS

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 

•  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;
• 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;
• FixGini may make your personal information and report available to the public and to the Service Providers on which you report;
• 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;
• 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;
• you are solely responsible for your reviews and ratings;
• FixGini may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
• 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;
• 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;
• 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;
• you have not been hired for any reward to post reviews and ratings;
• you will submit objective and thoughtful reviews of the Service Providers you review 
• your reviews are not comment on other users or the reviews of other users;
• reviews with hyperlinks are unacceptable; or
• the reviews and ratings that you provide do not reflect the views of FixGini, its officers, managers, owners, employees, agents, designers or other users.

PUBLICATION OF CONTENT

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”).

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.

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.

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.

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.

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.

SERVICE PROVIDERS

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.

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.

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.

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.

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.

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.

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.

TERMINATION

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.

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.

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.

TRADEMARKS AND COPYRIGHTS

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.

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.

CORRESPONDENCES

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.

NETWORK FLUCTUATION OR FAILURE

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.

FEEDBACK FROM USERS

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.

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.

WARRANTIES AND DISCLAIMERS

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.

INDEMNITY

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.

LIMITATIONS AND EXCLUSION OF LIABILITY

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;

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

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.

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).

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.

MUTUAL ARBITRATION AGREEMENT

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.

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.

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.

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.

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.

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.

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.

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.

MISCELLANEOUS

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.

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.

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.

Users of this Services are responsible for compliance with all applicable regulations and laws.

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.

You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these Terms and Conditions.

INTELLECTUAL PROPERTY RIGHT

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.

"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.

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.

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.

GOVERNING LAW

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.