Please read these Terms and Agreement ("Terms") carefully before using Nerdbug's website and mobile application
("Nerdbug's Platforms")
These Terms govern your use of our service. Your access to and use of the Nerdbug's Platforms are conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use Nerdbug's Platforms.
By accessing or using Nerdbug's Platforms, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Platforms.
General Definition
1.1 In this document, "User Agreement", "Agreement", "Terms and Conditions of Service" are synonymous and used interchangeably.
1.2 In this Agreement, "you" or "your" or "User" refers to any person or entity using the service. Unless otherwise stated, "Nerdbug”, "we" or "our" or "us" will refer collectively to Nerdbug Limited and its subsidiaries, affiliates, directors, officers, employees, agents and partners.
1.3 You and Nerdbug are jointly referred to as 'the Parties' in this document.
1.4 "Nerdbug", "our Services", "the Services", "the System”, the platform" are synonymous and used interchangeably unless otherwise specified.
1.5 "Nerdbug Services" means the range of products and services with the "Powered by “Nerdbug" notice offered by Nerdbug and its partners as an online platform for the Management of all services provided by Nerdbug
No Warranties
2.1 Nerdbug's Platforms contain all you need to know about its services. Both platforms allow users to xxxxxxxx
2.2 There are no express or implied warranty or guarantee in relation to Nerdbug's Platforms as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the platforms for any particular purpose.
2.3 You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law
2.4 We shall provide the Services with due care and skill, in consideration for your payment of the applicable fee or charge. Please be informed that our Services may suffer from delays, errors or other unintended outcomes.
Copyrights, Trademarks & License
3.1 Nerdbug's Platforms contain materials which are owned by or licensed to us. Reproduction of these materials is prohibited other than in accordance with the copyright notice, which forms part of these Terms.
3.2 Nerdbug, all its Platforms, and all logos, products, services or other content on
https://nerdbug.io; or other mobile download platforms are the intellectual property of Nerdbug Limited, or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Nerdbug. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Nerdbug and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Nerdbug.
3.3 Neither this Agreement, nor your use of Nerdbug will convey title or any interest or rights in Nerdbug's intellectual property rights.
Acceptable Use
4.1 Nerdbug's Platforms must not be used in any way that causes, or may cause, damage to the platforms or impairment of their availability or accessibility in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
4.2 Our platforms must not be used to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan, or other malicious computer software. You must not conduct any systematic or automated data collection activities on or in relation to our Platforms without our express written consent. E.g. scraping, data mining, data extraction, data harvesting.
4.3 Nerdbug's Platforms or any part thereof must not be used to transmit or send unsolicited commercial communications, nor must it be used for any purposes related to marketing without our express written consent.
Restricted Activities
You agree that your information and your activities through our Service shall not
a. Be false, inaccurate or misleading;
b. Be fraudulent or involve the sale of counterfeit or stolen items;
c. Be related in any way to terrorism and/or criminal activities, including but not limited to payment or the acceptance of payments for unauthorized firearms or weapons;
d. Infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy;
e. Violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising);
f. Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
g. Be obscene or contain child pornography;
h. Contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information
i. Create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other partners/ vendors.
Unauthorized Use of the Nerdbug's Platforms
If you use or attempt to use the Service maliciously or for any purpose(s) other than those specified in this Agreement and other applicable document, including but not limited to tampering with, hacking, modifying or otherwise corrupting the security or functionality of the Service, your account will be terminated and you will be subject to claims for damages and other lawful penalties, including criminal prosecution where applicable.
Restricted Access
You are required to keep your user ID and other login credentials confidential. You alone are responsible for your password and user ID security. We may disable your user ID and password at our sole discretion without notice or explanation.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned or controlled us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Limitations of Liability
10.1 We shall not be liable to you (whether under the law of contract, law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:
a. to the extent that the Website is provided free-of-charge, for any direct loss; or
b. for any indirect, special or consequential loss.
10.2 We will not be liable for any loss or damage arising because of unauthorized access to the service if:
a. You intentionally or negligently failed to take reasonable precautions to protect your security, access codes, login details or any device used to access the service,
b. You failed to promptly notify us that the service was being accessed in an unauthorized way after becoming aware of it, or
c.You acted fraudulently.
10.3 In no event shall Nerdbug be liable for loss of income, profits, business, opportunity, contracts or any indirect, special, incidental or consequential damages arising out of or in connection with our platform, our service, or this Agreement.
10.4 Our liability to you or any third party in any circumstance of proven liability by us, shall not exceed the fees paid to us in respect of the specific transaction that gave rise to the claim or liability.
10.5 These limitations of liability apply even if we have been expressly advised of the potential loss.
Breach of Terms and Indemnification
11.1 Without prejudice to other rights under these Terms, if you breach these Terms in any way, we may take such appropriate action(s) to deal with the breach, including suspending or prohibiting your access to our Platforms, blocking computers using your IP address from accessing our Platforms, contacting your Internet service provider to request that they block your access to any of our Platforms and/or bringing court proceedings against you.
11.2 You agree that if you are in breach of this Agreement or the documents it incorporates by reference, or if you violate any law or the rights of a third party in connection with your use of the service, we shall not be responsible for any damage, loss, liability or third party claim you incur wholly or partly by your breach or violation.
11.3 You agree to indemnify and hold Nerdbug, harmless from any claim or demand (including attorneys' fees) made by you or any third party arising wholly or partly from your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
Our Remedies and Right to Terminate/ Restrict your Access/ Activities
12.1 Without limiting other remedies available to us, we may verify inaccurate or incorrect information you provide to us, contact you by means other than by electronic means, immediately warn our community of your actions, limit access to an account and any or all of the account's functions (including but not limited to the ability to send money or make payments), limit activities, indefinitely suspend or close your account, terminate this Agreement and refuse to provide our Services to you if:
a. You breach this Agreement or the documents it incorporates by reference;
b. We are unable to verify or authenticate any information you provide to us;
c. We believe that your account or activities pose a significant fraud risk to us;
d. We believe that your actions may cause financial loss or legal liability for you, our users or us;
e. We believe that any applicable rule stipulated by the Payment schemes may affect your use of the platform.
12.2 For the avoidance of doubt, if a fraudulent activity is associated with your use of our Platform, you agree that we have the right to apply restrictions to the profile and report to appropriate law enforcement agencies.
Privacy and Security
13.1 We view the protection of users' privacy as a very important principle. We understand clearly that you and your Information are one of our most important assets. We store and process your Information on computers that are protected by physical as well as technological security devices. We do not give your personal information to third parties for marketing purposes without your consent. You may object to your information being used in this way and thereby opt out from using our Services. Please ensure that you read our privacy policy available on
https://nerdbug.ioBy consenting to this Agreement, you also consent to our privacy policy.
13.2 You hereby grant us the right to conduct any investigation in any manner we deem fit, on your background and operations, including but not limited to credit background checks, banking relationships and financial history. In addition, you hereby give us your consent to disclose the details of any investigation conducted pursuant to this clause, to Payment scheme, processors, Bank partners and/or regulators, without recourse to you. incorporates by reference;
Confidentiality
14. 1 By the nature of this Agreement, the parties may have access to information that is confidential to one another, such confidential information shall include the parties' business methods, salary structure, marketing strategies, pricing, competitor information, and all other information designated as confidential by either party.
14.2 Each party agrees to maintain the confidentiality of such information and to protect the other party's confidential information by using all reasonable efforts to prevent any unauthorized copying, use, distribution, installation or transfer of possession of such information.
Other Parties
You agree that you will not bring any claim personally against our Officers, employees, agents, subsidiaries, affiliates, successors, assigns and sub-contractors in respect of any losses you suffer in connection with the use of our Platforms.
Notice
16.1 You agree that these Terms and Conditions constitute "an Agreement duly signed or executed by "you" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other documents regarding your account and/or your use of the Service, may be provided to you electronically and you agree to receive all Notices from Nerdbug in electronic form.
16.2 You may print a copy of any Notice and retain it for your records. All Notices (by us) in either electronic or paper format will be considered to be in writing and to have been received and shall become effective immediately they are on our website.
16.3 Notice Procedure
a. Notices from you to Nerdbug shall be by email from you to tech@nerdbug.io
b. Notices by us to you may be placed on our website, https://nerdbug.io; or sent to your email address registered with us.
c. A notice by email shall be deemed received by the other party, once the email is sent, unless the sending party is aware that the email was not received.
d. Notice posted to our website shall be deemed received upon your visit to our site or your first log-in after the posting.
Extended Non-Use
17.1 Your non-use of our platform for an extended period does not terminate this contract. Any obligation due and payable by you to us before, during or after the period of your passivity shall remain payable and become due immediately upon your reactivation.
17.2 Termination or non-use shall not relieve the continuing obligations under this Agreement, including but not limited to the requirements in Clauses on Indemnification, Access and Interference, Trademarks and other intellectual Proprietary Rights of this Agreement.
General
18.1 You represent that you have the capacity to enter into this Agreement.
18.2 That you are an adult, eligible to operate internet services and that you are not under any contractual inhibition known to your national or international law.
18.3 You agree that this Agreement and all incorporated agreements may be automatically assigned by Nerdbug to a third party in the event of a merger or acquisition.
18.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section(s).
18.5 Our failure to act with respect to a breach by you or others does not amount to a waiver of our right to act with respect to subsequent or similar breaches.
18.6 The non-specification of a particular legal or equitable remedy shall not be construed as a waiver, prohibition or limitation of any legal or equitable remedies in the event of a breach of any of the clauses.
18.7 Each of the Parties acknowledge that it is acting as an independent contractor, and each Party has the sole right and obligation to supervise, manage, direct, procure, perform, or cause to be performed, all work or other obligations to be performed by such Party under this agreement.
Legal Compliance and Severability
19.1 You shall comply with all applicable Nigerian laws, and regulations, regarding your use of our Services
19.2 If any provision of the Terms of our Platform is found to be unenforceable under any applicable law, other provisions of the Terms will remain enforceable.
Variation
20.1 We reserve the right, at our sole discretion, to revise, modify or replace these Terms from time-to-time. Revised terms will apply to the use of the Nerdbug's platforms from the date of the publication of the revised terms on same.
20.2 Improvement and Changes: Nerdbug functions are subject to continuous technological improvement and consequently may change. All changes to Nerdbug functions and services shall be published by Nerdbug Limited from time to time on the https://nerdbug.io . All such published changes shall form part of this Agreement.
Assignment
We may transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
Force Majeure
Nerdbug shall not be in breach of its obligations under this Agreement or be responsible for any delay in carrying out its obligations if performance is prevented or delayed wholly or in part as a consequence of force majeure. Force majeure means any circumstance beyond the reasonable control of Nerdbug including but not limited to acts of war, state or national emergency, strike, rebellion, insurrection, government sanctions, actions of regulatory or supervisory authorities, accident, power failure, internet and communication link failure, fire, earthquake, flood, storm, tornadoes, hurricane, epidemic or pandemic, collapse of buildings, fire, explosion, events of force majeure declared by Nerdbug's partners or service providers involved in the performance of Nerdbug's obligations in this Agreement or any other act of God or any technical failure caused by devices, matters or materials.
Entire Agreement
These Terms together with our privacy policy constitute our entire agreement with you in relation to your use of our Platforms, and supersedes all previous agreements in respect of your use of same.
Governing Law and Dispute Resolution
24.1 Your use of the our Platforms will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, and any dispute arising out of such use is subject to the exclusive jurisdiction of the Courts.
24.2 Dispute Resolution:
a. Negotiated Settlement or Mediation: In the event of a dispute arising between you and Nerdbug, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of any dispute, the Parties shall seek to resolve any such dispute amicably between themselves or through a negotiated settlement and in the event of their inability to resolve the dispute as aforesaid, the parties shall explore a mediated settlement with both Parties appointing one (1) Mediator who shall act as a catalyst for resolution.
b. Arbitration: If at any time the Parties are unable to amicably resolve any dispute(s) through negotiated settlement or mediation, either party shall refer the matter to be finally settled by arbitration in accordance with the Arbitration & Conciliation Act, Cap A18, Laws of the Federation of Nigeria (LFN) 2004. The arbitration shall take place in Lagos, Nigeria and be conducted in English Language. If the parties fail to agree on the Arbitrator, the Arbitrator shall be appointed by the President of the Chartered Institute of Arbitrators UK (Nigeria Branch). Each Party will bear its costs save for joint costs which will be borne jointly