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NAIJA WEALTH NEWS WEBSITE TERMS OF USE

TERMS OF USE

  1. CONTRACTUAL RELATIONSHIP.

These Terms of Use (“Terms”) govern your access or use of the applications, websites, content,

products, and services (the “Services,” as more fully defined below in Section 2) made available in

Nigeria by Naija Wealth News and its parents, subsidiaries, representatives, affiliates, officers and

directors (collectively, “NWN” or “NAIJA WEALTH NEWS”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND NWN. In these Terms, the words “including” and “include” mean “including, but not limited to.” By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. NWN may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

  1. SERVICES.

The Services comprise the website and related web applications services (each, an “Application”),

which enable users to access, seek and receive comprehensive information and data about the real

estate industry in Nigeria. In certain instances, the Services may also include an option to order,

purchase and pay for subscriptions to any material hosted on the NWN website, or otherwise interact

with other connected users or third-party information providers (“THIRD-PARTY DATA PROVIDERS”).

Unless otherwise agreed by NWN in a separate written agreement with you, the Services are made

available solely for your personal and non-commercial use.

  1. LICENSE.

Subject to your compliance with these Terms, NWN grants you a limited, non-exclusive, nonsublicensable, revocable, non-transferable license to: (i) access and use the Applications on your

personal device solely in connection with your use of the Services; and (ii) access and use any

content, information and related materials that may be made available through the Services, in

each case solely for your personal, non-commercial use. Any rights not expressly granted herein

are reserved by NWN and NWN’s licensors.

  1. RESTRICTIONS.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of

the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease,

sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise

exploit the Services except as expressly permitted by NWN; (iii) decompile, reverse engineer or

disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or

frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of

scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly

burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi)

attempt to gain unauthorized access to or impair any aspect of the Services or its related systems

or networks.

  1. PROVISION OF THE SERVICES.

You acknowledge that portions of the Services may be made available under NWN’s various brands.

You also acknowledge that the Services may be made available under such brands or in connection

with: (i) certain of NWN’s subsidiaries and affiliates; or (ii) independent Third-Party Data Providers.

  1. OWNERSHIP.

The Services and all rights therein are and shall remain NWN’s property or the property of NWN’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner NWN’s company names, logos, product and service names, trademarks or services marks or those of NWN’s licensors.

  1. USER ACCOUNT.

In order to use the Services, you are required to create and maintain an active personal account

(“Account”) by entering your name, email address, password and certain other information collected

by NWN (collectively “Account Information”). To create an Account, you must be of legal age to form

a binding contract. If you are not of legal age to form a binding contract, you may not register to

use the Services. You agree that the Account Information that you provide to us at all times, including

during registration and in any information you upload for the Services will be true, accurate, current,

and complete. You may not transfer or share your Account password with anyone. You are

responsible for maintaining the confidentiality of your Account password and for all activities that

occur under your Account. You may not use anyone else’s account at any time. Unless otherwise

permitted, you may only possess one Account.

  1. USER REQUIREMENTS AND ELIGIBILITY.

The Service is not available for use by persons under the age of 16. You may not authorize third

parties to use your Account, and you may not allow persons under the age of 16 to initiate

transactions using the Services or interact with Third-Party Data Providers unless they are

accompanied by you. You may not assign or otherwise transfer your Account to any other person

or entity. You agree to comply with all applicable laws when accessing or using the Services, and

you may only access or use the Services for lawful purposes. You may not, in your access or use of

the Services, cause nuisance, annoyance or inconvenience to any other party. In certain instances,

you may be asked to provide proof of identity to access or use the Services, and you agree that

you may be denied access to or use of the Services if you refuse to provide proof of identity.

  1. USER-PROVIDED CONTENT.

NWN may, in NWN’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to NWN through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for content (“User Content”). Any User Content provided by you remains your

property. However, by providing User Content to NWN, you grant NWN a worldwide, perpetual,

irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify,

create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in

any manner such User Content in all formats and distribution channels now known or hereafter

devised (including in connection with the Services and NWN’s business and on third-party sites and

services), without further notice to or consent from you, and without the requirement of payment to

you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant NWN the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor NWN’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by NWN in its sole discretion, whether or not such material may be protected by law. NWN may, but shall not be obligated to, review, monitor,

or remove User Content, at NWN’s sole discretion and at any time and for any reason, without notice

to you.

  1. PRIVACY

NWN is required to comply with applicable privacy and security laws and maintain safeguards to

protect the security of your personal information. Additionally, the information you provide to ThirdParties during the use of the Services is legally confidential, except for certain legal exceptions

described in any Privacy Policy. We devote considerable effort toward ensuring that your personal

information is secure. Information regarding our use of personal information is provided in our

Privacy Policy. As part of providing you the Services, we may need to provide you with certain

communications, such as notifications, confirmations and administrative messages. These

communications are considered part of the Services and your Account. While secure electronic

messaging is always preferred to insecure email, under certain circumstances, insecure email

communication containing personal information may take place between you and NWN. NWN cannot

ensure the security or confidentiality of messages sent by email. Your personal information are

stored on secure, encrypted servers maintained either NWN, its affiliates or partners. Your personal

information includes information relating to your name, address, email address, phone number, age,

financial and payment card information, photograph and personal description.

  1. NETWORK ACCESS AND DEVICES.

You are responsible for obtaining the data network access necessary to use the Services. Your

mobile network’s data and messaging rates and fees may apply if you access or use the Services

from your device. You are responsible for acquiring and updating compatible hardware or devices

necessary to access and use the Services and Applications and any updates thereto. NWN does not

guarantee that the Services, or any portion thereof, will function on any particular hardware or

devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of

the Internet and electronic communications.

  1. PAYMENTS AND CHARGES.

You understand that use of the Services may result in charges to you for the services you receive

(“Charges”). NWN will receive and/or enable your payment of the applicable Charges for services

obtained through your use of the Services. Charges will be inclusive of applicable taxes where

required by law. Charges may include other applicable fees and/or surcharges.

All Charges and payments will be enabled by NWN using the preferred payment method designated

in your Account, after which you will receive a receipt by email. If your primary Account payment

method is determined to be expired, invalid or otherwise not able to be charged, you agree that

NWN may use a secondary payment method in your Account, if available. Charges paid by you are

final and non-refundable, unless otherwise determined by NWN.

As between you and NWN, NWN reserves the right to establish, remove and/or revise Charges for any or

all services or goods obtained through the use of the Services at any time in NWN’s sole discretion.

Further, you acknowledge and agree that Charges applicable in certain geographical areas may

increase substantially during times of high demand. NWN will use reasonable efforts to inform you of

Charges that may apply, provided that you will be responsible for Charges incurred under your

Account regardless of your awareness of such Charges or the amounts thereof. You may elect to

cancel your request for Services at any time prior to the commencement of such Services, in which

case you may be charged a cancellation fee.

  1. DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NWN DISCLAIMS ALL REPRESENTATIONS

AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS,

INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NWN MAKES NO REPRESENTATION,

WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,

OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE

USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NWN DOES

NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY DATA

PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES,

AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH

YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

  1. LIMITATION OF LIABILITY.

NWN SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR

CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR

PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM

ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE,

SOLE, OR CONCURRENT) OF NWN, EVEN IF NWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES.

NWN SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR

USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES;

OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY, EVEN IF NWN

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NWN SHALL NOT BE LIABLE FOR DELAY

OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND NWN’S REASONABLE CONTROL.

YOU ACKNOWLEDGE THAT THIRD-PARTY DATA PROVIDERS MAY USE THE SERIVCES AND MAY

NOT BE AFFILIATED OR OTHERWISE PERMITTED BY NWN.

THE SERVICES MAY BE USED BY YOU TO REQUEST AND OBTAIN REAL ESTATE INFORMATION OR

DATA, ACCESS AND PAY FOR A SERVICE, AND OTHERWISE CONNECT WITH THIRD-PARTY DATA

PROVIDERS, BUT YOU AGREE THAT NWN HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED

TO ANY THIRD-PARTY SERVICE PROVIDED TO YOU BY THIRD-PARTY DATA PROVIDERS OTHER

THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR

ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

THIS PROVISION SHALL HAVE NO EFFECT ON NWN’S CHOICE OF LAW PROVISION SET FORTH

BELOW.

  1. INDEMNITY.

BY USING THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARNWNESS NWN, AND

ANY AFFILIATED NWN ENTITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS,

AND REPRESENTATIVES (COLLECTIVELY “NWN PARTIES”) FROM AND AGAINST ALL CLAIMS,

ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX

ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION,

REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL,

CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN

CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS

FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK

INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT

OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA

OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT

OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES,

DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR

MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED NWN OF THE POSSIBILITY OF

SUCH CLAIM.

  1. DISCLOSURES.

Third-Party Data Providers associated with the Services may hold licenses or other business

registrations, certificates and clearances issued by the respective regulatory authority. You can

report a complaint relating to services provided by a Third-Party Data Provider by either directly

contacting the regulatory authority of such entity or directing such complaints to NWN. In a business

relationship, fraud is never appropriate and is unlawful, and should be reported to law enforcement

agents.

  1. JURISDICTION.

Information provided by NWN in connection with the Services is not targeted to users in any particular

locality nor is it intended to constitute the doing of business in any jurisdiction.

The Services provided by NWN do not constitute any contact with any jurisdiction outside the Federal

Republic of Nigeria. Use of the Services is prohibited in any jurisdiction having laws that would void

this Agreement in whole or essential part or which makes accessing the Services illegal. Users in such

jurisdictions visit and use this Services entirely at their own risk. Note: the essential parts of this

Agreement include, without limitation, the exclusive venue and exclusive remedy provisions and the

warranty disclaimers.

This Agreement is entered into and performed in the Federal Republic of Nigeria. It is governed by

and shall be construed under the laws of the Federal Republic of Nigeria, exclusive of any choice

of law or conflict of law provisions.

  1. LIMITATION ON TIME TO INITIATE A DISPUTE.

Unless otherwise required by law, an action or proceeding by you relating to any Dispute must

commence within one year after the cause of action accrues.

  1. ARBITRATION ONLY.

Any dispute arising under or relating in any way to the Terms will be resolved exclusively by final

and binding arbitration in Lagos State, Nigeria under the rules of the Lagos Multidoor Courthouse,

except that either party may bring a claim related to intellectual property rights, or seek temporary

and preliminary specific performance and injunctive relief, in any court of competent jurisdiction.

The parties agree to the personal and subject matter jurisdiction and venue of the courts located in

Lagos Island, Lagos State for any action related to these Terms of Use. You understand that by

checking the “agree” box for these Terms of Use and/or any other forms presented to you, you are

agreeing to these Terms of Use and that such action constitutes a legal signature.

  1. OTHER PROVISIONS.

Except as expressly provided in these Terms, these terms are a complete statement of the

agreement between you and NWN, and they describe the entire liability of NWN and its partners and

your exclusive remedy with respect to your access and use of the Services. In the event of a conflict

between these Terms and any other NWN agreement or policy, these Terms shall prevail on the subject

matter of these Terms. If any provision of these Terms is invalid or unenforceable under applicable

law, then it shall be changed and interpreted to accomplish the objectives of such provision to the

greatest extent possible under applicable law, and the remaining provisions will continue in full

force and effect. Headings are included for convenience only, and shall not be considered in

interpreting these Terms. These Terms do not limit any rights that NWN may have under trade secret,

copyright, patent, or other laws. NWN’s failure to assert any right or provision under these Terms shall

not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be

deemed a further or continuing waiver of such term or any other term.

  1. ASSIGNMENT.

You may not assign any rights or obligations under this Agreement without NWN’s prior written consent.

NWN may assign all or part of this Agreement.

  1. SURVIVAL.

All sections of this Agreement which, by their nature are designed to survive expiration or

termination of this Agreement, including but not limited to indemnity and limitation of liability

clauses, shall survive.

  1. WAIVER.

No waiver of any of these terms shall be deemed a further or continuing waiver of such term or

condition or any other term or condition.

  1. NOTICES.

You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as

by any other method.

  1. SEVERABILITY.

If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of

competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent

necessary to allow the remainder of this Agreement to retain its full force and effect.

  1. ENTIRE AGREEMENT; AMENDMENT.

This Agreement constitutes the entire agreement between you and NAIJA WEALTH NEWS applicable to its subject matter. We may at our sole discretion change, add, or delete portions of these Terms at

any time on a going-forward basis. Continued use of the Services following notice of any such

changes will indicate your acknowledgement of such changes and agreement to be bound by the

revised Terms, inclusive of such changes.

  1. CONTACT INFORMATION.

Please contact us with any questions or concerns regarding this agreement at:

No1, Lekki Beach Road,

Lekki Peninsula

Lagos Nigeria

[email protected]

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