Terms of service

Nondunna Terms of Service

Welcome to Nondunna Please read these Terms of Service (the “Terms”) carefully because they govern your use of our website (the “Site”), our online platform and related services, including services which enable businesses, and brands to easily reach and sell to their audiences across traditional, digital and social media platforms. To make these Terms easier to read, the Site and our online platform are collectively called the “Services.”

We urge you to contact us directly if there is anything in our Terms of Service that may require further clarification. You can reach us anytime by sending us a message at ********@nondunna.com

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Privacy Policy

Please refer to our Privacy Policy (https://www.nondunna.com/privacy) for information on how we collect, use and disclose information from our users.

Content and Data

1. Certain Definitions

“Content” means data, text, graphics, images, materials, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.

“Nondunna Service Data” means the statistical, analytical or other data developed or created by or for Nondunna, based upon the End User Data and other internal and external data collected by Nondunna. Nondunna Service Data will not include any personally identifiable information of any End User. By way of illustration, Nondunna Service Data includes without limitation, arrangements or organization of End User Data that is representative of a certain population, demographic representation of you and other Registered Users’ end users, and reports summarizing usage behavior of different end user groups.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at ********@nondunna.com.

 Nondunna’s Enforcement Rights

Although we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to our Content, including your User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any activity to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Copyright Policy

Nondunna respects copyright law and expects its users to do the same. It is Nondunna’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Nondunna’s Copyright and IP Policy at https://www.nondunna.com/copyright, for further information.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED BY NONDUNA “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR THE RESULTS OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE USEFULNESS OR THE CAPABILITY OF THE SERVICES TO MARKET AND PROMOTE YOU OR ANY OTHER PERSON. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

Indemnity

You will indemnify and hold harmless Nondunna and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) your violation of these Terms.

Limitation of Liability

NONDUNNA WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR CONTENT, OR FROM ANY COMMUNICATION, INTERACTION OR MEETING WITH VISITORS OF THE SERVICES, OR THIRD PARTIES YOU COMMUNICATE WITH AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NONDUNNA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Dispute Resolution

a. Governing Law

These Terms and any action related thereto will be governed by the laws of the Federal Republic of Nigeria without regard to its conflict of laws provisions.

b. Dispute Resolution for Commercial Entities

If you are accessing and using the Services on behalf of a company or other legal entity, you and Nondunna agree that the exclusive jurisdiction and venue of any legal action or proceeding arising under these Terms will be the state and federal courts located in Lagos State and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

c. Dispute Resolution for Consumers

i. Agreement to Arbitrate

You and Nondunna agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Nondunna with written notice of your desire to do so by email or regular mail within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Nondunna with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Nondunna with an Arbitration Opt-out Notice, will be the state and federal courts located in Lagos State and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Further, unless both you and Nondunna otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

ii. Arbitration Rules

The arbitration will be resolved amicably through mediation by both parties. Otherwise, such dispute shall be referred to Arbitration at the Lagos Multi-Door Court House pursuant to the Lagos State Multi Door Court House Law 2007.

iii. Arbitration Decision

The arbitrator will render an award within the time frame specified in the Lagos State Multi-Door Courthouse Rules, 2007. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

iv. Changes

Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Nondunna changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to **********@nondunna.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Nondunna’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Nondunna in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Nondunna and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Nondunna and you regarding the Services and Content.

If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution for Consumers” section above or by court of competent jurisdiction, if you are accessing and using the Services on behalf of a company or other legal entity or if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Nondunna’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Nondunna may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Nondunna under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Nondunna’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Nondunna. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact Clout at *******@nondunna.com