Terms & Conditions

Last updated 7th of August, 2024

Your privacy is important to us. This Privacy Policy outlines the types of information we collect from you, how we use it, and the measures we take to protect it. By using our website, you agree to the collection and use of information in accordance with this policy.

Introduction

These Terms and Conditions (“Terms” “Agreement”) govern your access to and use of our Services, including SMS, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”). By using any of our services and the platform, you agree to abide by these Terms, the privacy policy, and all other operating rules, policies, and procedures that may be published by us from time to time on this platform, each of which is incorporated by reference to these Terms. References in these Terms and Conditions to “You” (or such similar descriptions) are references to you as an individual or legal entity as the case may be.

Acceptance of Terms

By accepting these terms, you indicate your acceptance and subsequent agreement to be bound by the following terms, and any other conditions or policies issued by us from time to time which are deemed incorporated into these Terms. If you are accepting these terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. Please read these Terms and Conditions carefully before indicating your acceptance as mentioned above. Your access to and use of our services is conditioned on your acceptance of and compliance with these terms, and conditions.

Eligibility

To use Our services, you must be at least 18 years of age. By agreeing to these terms, you warrant that you are 18 years of age and are fully able and competent to enter into, and abide by, the contract created by these Terms.

Our Rights

All rights, title, and interests in and to the Product are and will remain the exclusive property of Pertinence Properties Limited. The Services are protected by copyright, trademark, and other laws of the Federal Republic of Nigeria. Nothing in the Terms gives you a right to use Our name (including our subsidiaries) or any of Our trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Us, or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

Your Responsibilities

By subscribing to our Product or any of our subsidiaries, you agree to

Adhere to the Terms and Conditions

Provide accurate and up-to-date information about you and your business where necessary

Comply with all applicable laws and regulations

Data Privacy

We will collect and process personal data in accordance with applicable privacy laws. Any information that you or other users provide to Us is subject to the applicable privacy laws, which governs our collection and use of your information. You understand that through subscribing to our Product, you consent to the collection and use of this information, including the transfer of this information to the Federal Republic of Nigeria/or other countries for storage, processing, and use by Us. As part of providing you with the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, which you may not be able to opt-out from receiving.

Use of Electronic Notice

By providing Us with your e-mail address, you agree to receive all required notices electronically at that e-mail address to the extent permissible by law. If you become aware of any unauthorized use of your contact information, please contact us.

Purchase Recommendations & Advance

Unless otherwise expressly stated to the contrary, no product, service, or information provided shall be deemed to include any form of financial or investment advice. Information provided does not take into account your particular investment objectives, financial situation, or investment needs. You undertake to assess at all times whether the product, service, or information is appropriate to your particular investment objectives, financial situation, and investment needs. We advise that you make this assessment yourself or seek the assistance of any adviser before making any decisions on any such product. Unless otherwise stated to the contrary, we make no representations or guarantees of any particular rate or return, the performance of any investment or the repayment of capital from any investment. Investment is subject to investment and other business risks.

Disclaimers & Limitation of Liability

Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available “AS-¬IS” Your access to and use of Our product is at your own risk. You understand and agree that the Products are provided to you on an “AS-IS” and “AS- AVAILABLE” basis. Without limiting the foregoing, to
the maximum extent permitted under applicable law, PERTINENCE PROPERTIES LIMITED DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
We make no warranty, or representation and disclaim all responsibility and liability for:

(i) the completeness, accuracy, availability, timeliness, security, or reliability of Our Product;

(ii) any harm to your computer system, loss of data, or other harm that results from your access to or useof Our website ;

(iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and

(iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

B. Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that the We are not responsible or liable for:

(i) the availability or accuracy of such websites or resources; or

(ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERTINENCE PROPERTIESLIMITED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE ; UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS. IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF PERTINENCE PROPERTIES LIMITED EXCEED THE GREATER OF ONE HUNDRED THOUSAND NAIRA ONLY (N100,000.00) OR THE AMOUNT YOU PAID PERTINENCE PROPERTIES LIMITED. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT OR OTHERWISE, AND WHETHER OR NOT PERTINENCE PROPERTIES LIMITED HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

D. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the Nigerian laws without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the use of Our Product will be brought solely in the
Federal or State courts located in the Federal Republic of Nigeria, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

E. Indemnity
You shall indemnify and hold Pertinence Properties Limited harmless from and against all actions, proceedings, costs, claims, demands, charges, expenses (including legal expenses), liabilities, fines, levies, losses, and damages, whether arising in tort, contract or common law, which Pertinence Properties Limited may suffer or incur to the extent arising out of or in consequence of or in connection with:

  • the protection of Our interest in connection with any aspect of the parties’ relationship under this Agreement (including the cost of any third parties nominated or instructed by Pertinence Properties Limited for this purpose);
  • your breach of any of the provisions of this Agreement;
  • any transaction (including a transaction which is subsequently discovered to be fraudulent);
  • respect to any negligent act or omission by, or willful misconduct of you or your representatives or its agents;
  • any modification of or addition to the website not provided or approved by Us; or any content, information, material, listings, images, and/or communications it publishes or causes to be published/transmitted, via the website or any related site/system. We shall not be liable for any special, indirect, Incidental, punitive, or consequential damages, including loss of profits howsoever caused, including such damages, without limitation except as provided in this Term, as damages arising from loss of data or programming, loss of revenue or profits, failure to realize savings or other benefits, damage to equipment, and claims against you by any third person, even if We have been advised of the possibility of such damages.

Improvements & Modifications

We will make reasonable efforts to keep our product operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the website, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the website or any function or feature thereof. You understand and agree that we have no obligation to maintain, support, upgrade, or update the Service, or to provide allor any specific content through the Service.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Intellectual property rights

The contents of Our website, including, without limitation, its “look and feel” (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including, without limitation, HTML-based computer programs), trademarks, trade names and/or service marks, and all materials incorporated herein are protected under intellectual property laws. The contents of Our website belong or are licensed to Us or its software or content suppliers. You may download or print a copy of the information provided on the website for your personal, internal, and noncommercial use only. Any distribution, reprint, or electronic reproduction of any content from Our website in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Governing Law & Dispute Resolution

You agree that these Terms shall be governed by the Contract of Sale issued to you upon subscription and interpreted in accordance with the laws of the Federal Republic of Nigeria. Any legal action or proceeding arising under, concerning, or relating to these Terms, or by reason of the fact of your use of
Our website, shall be within the nonexclusive jurisdiction of the courts of the Federal Republic of Nigeria. All claims and disputes arising from these Terms must be litigated on an individual basis and not on a class basis and claims of more than one customer or user cannot be litigated jointly or consolidated with those of any other customer or user.

Changes to these Terms & Conditions

We may make changes to these Terms of Use from time to time for a number of reasons, including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance, or recommendations from a regulatory body, or for customer service reasons. The most up-to-date version of these Terms can be accessed from the Terms of Use link in the footer section of the Website or on the appropriate page on the App, and the date on which they will come into force in accordance shall also be indicated. Where we wish to make substantial changes to these Terms, so, you are advised to review it through the
Terms of Use link on the Website regularly.Contact Us If you have trouble using our platform with certain browsers or other software or if you want to let us know how we can improve accessibility or if you have any questions or comments, please let us know by getting in touch with us via our email at info@pertinencegroup.com We appreciate your feedback as your suggestions can help us improve our service.

Having read the terms and conditions and satisfied with same, you hereby affix your full name and signature to bind you legally into this contract;