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 Syticks CO LTD. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Syticks CO LTD. 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. SYTICKS 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.
2. SERVICES.
The services comprise a web based platform and mobile applications that enables businesses sell tickets via an online store. Likewise, enables users purchase tickets and connect with other users
3. LICENSE.
Subject to your compliance with these Terms, SYTICKS grants you a limited, non-exclusive, non-sublicensable, 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 SYTICKS and SYTICKS licensors.
4. 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 SYTICKS; (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.
5. PROVISION OF THE SERVICES.
You acknowledge that portions of the Services may be made available under Syticks CO LTD'S various brands or request options associated with consultation and opinions . You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Syticks CO LTD's subsidiaries and affiliates; or (ii) independent Third-Party Fulfilment Partners.
6. OWNERSHIP.
The Services and all rights therein are and shall remain Syticks CO LTD’s property. 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 SYTICKS company names, logos, product and service names, trademarks or services marks.
7. 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 SYTICKS (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.
8. USER REQUIREMENTS AND ELIGIBILITY.
The Service is not available for use by persons under the age of 13. You may not authorize third parties to use your Account, and you may not allow persons under the age of 13 to initiate transactions using the Services or interact with Third-Party Fulfilment Partners 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.
9. USER-PROVIDED CONTENT.
SYTICKS may, in SYTICKS's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to SYTICKS 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 events and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to SYTICKS, you grant SYTICKS 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 Syticks CO LTD'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 SYTICKS 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 Syticks CO LTD’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, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by SYTICKS in its sole discretion, whether or not such material may be protected by law. SYTICKS may, but shall not be obligated to, review, monitor, or remove User Content, at SYTICKS sole discretion and at any time and for any reason, without notice to you.
10. PRIVACY
SYTICKS 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 Third-Parties 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.
11. 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. JORG 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.
12. PAYMENTS AND CHARGES.
You understand that use of the Services may result in charges to you for the services you receive ("Charges"). SYTICKS 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.
All Charges and payments will be enabled by SYTICKS using the preferred payment method designated in your Account, after which you will receive a barcode via the app or are expected to share your username or email as a means of validation. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that SYTICKS may use a secondary payment method in your Acccount, if available. Charges paid by you are final and non-refundable, unless otherwise determined by SYTICKS.
As between you and SYTICKS, SYTICKS 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 Syticks CO LTD’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. SYTICKS 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.
Our third party partners are entitled to a 94% of total sales. As such, a payment request has to be issued and necessary details should be provided to ensure complete payments. Full payments would be made 24 - 48hours after withdrawal request has me made.
13. DISCLAIMER.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SYTICKS 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, SYTICKS 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. SYTICKS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY FULFILMENT PARTNERS. 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.
14. LIMITATION OF LIABILITY.
SYTICKS 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 SYTICKS.
SYTICKS 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 SYTICKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SYTICKS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SYTICKS REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY FULFILMENT PARTNERS MAY USE THE SERIVCES AND MAY NOT BE AFFILIATED OR OTHERWISE PERMITTED BY JORG.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND BOOK ANY EVENT, ACCESS AND PAY FOR A SERVICE, AND OTHERWISE CONNECT WITH THIRD-PARTY FULFILMENT PARTNERS, BUT YOU AGREE THAT SYTICKS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY THIRD PARTY SERVICE PROVIDED TO YOU BY THIRD-PARTY FULFILMENT PARTNERS 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 JORG’S CHOICE OF LAW PROVISION SET FORTH BELOW.
15. INDEMNITY.
BY USING THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SYTICKS, AND ANY AFFILIATED Syticks CO LTD ENTITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY “SYTICKS 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 JORG OF THE POSSIBILITY OF SUCH CLAIM.
16. DISCLOSURES.
All Third-Party Fulfilment Partners associated with the Services 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 Fulfilment Partner by either directly contacting the regulatory authority of such entity or directing such complaints to SYTICKS. In a business relationship, fraud is never appropriate and is unlawful, and should be reported to law enforcement agents.
17. JURISDICTION.
Information provided by SYTICKS 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 SYTICKS 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.
18. 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.
19. 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.
20. OTHER PROVISIONS.
Except as expressly provided in these Terms, these terms are a complete statement of the agreement between you and SYTICKS, and they describe the entire liability of SYTICKS 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 SYTICKS 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 JORG may have under trade secret, copyright, patent, or other laws. SYTICKS 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.
21. ASSIGNMENT.
You may not assign any rights or obligations under this Agreement without SYTICKS prior written consent. SYTICKS may assign all or part of this Agreement.
22. 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.
23. 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.
24. 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.
25. . 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.
26. ENTIRE AGREEMENT; AMENDMENT.
This Agreement constitutes the entire agreement between you and Syticks CO LTD applicable to its subject matter. We may at our sole discretion change.