INTRODUCTION
Thank you for using the Orbitallens platform. Your use of our platform and service is subject to these terms and conditions.
Who We Are
The Orbitallens platform, including its features and services is provided by Orbitallens LTD, a company registered under the Corporate Affairs Commission in line with the Companies and Allied Matters Act and operating from Nigeria.
The Platform
Orbitallens is a platform that enables service seekers and service providers to connect. The tools and features provided on our platform will vary based on the roles available on the platform, namely service seeker and service provider. The role of a service seeker encompasses all registered users on the platform who are using the platform to find a service provider or interact with a service provider’s profile (not belonging to the registered user) and its contents. Meanwhile, the role of a service provider encompasses registered users who have created profiles for their businesses and/or services. These two roles come with different sets of tools and features as shown below:
Service Seeker
- Service seekers have multiple tools and features that enables them to find, discover and/or share profiles belonging to service providers e.g., the navigation menu search bar, the category links found on the homepage, tag links found within the profile overview pages and recommended profiles also found on all profile pages etc.
- Service seekers can save profiles and profile posts on their accounts for future use.
- Service seekers can leave reviews on profiles regarding the services provided to them by the service providers.
- Service seekers can vote (helpful/not helpful) on reviews made by other users
- Service seekers can like, share and comment on profile posts created by service providers.
- Service seekers can report profiles for misconduct.
Service Provider
- Service providers have access to tools and features that enables them to improve visibility for their businesses and/or the services they provide e.g. sharing contact and/or location information, social media and website links as well as descriptions about their businesses and/or services.
- Service providers can create and share posts via their profiles. These posts can simply be informational e.g. sharing details on promos/discounts but these posts can also be images/videos about a recent job completed or a service rendered.
- Service providers can also comment on and/or reply to comments made on their posts.
- Service providers can reply to reviews made on their profiles.
Who can use the platform?
Age Requirements
You must be at least 18 years old to use our platform and services.
Businesses and Organisations
Account holders creating a profile on behalf of a business or an organisation must have the relevant authority or permission to act on behalf that business or organisation. We will not be held responsible for account holders impersonating a business or organisation.
Profile Subscriptions
- Profiles on the platform have to be subscribed to for a profile subscription plan to be kept active and visible to users on the platform. In the event of a profile subscription being paused/disabled the profile will remain online until the next payment date as shown on the profile settings page, after which the profile subscription will be deactivated and the profile rendered inactive.
- By subscribing, you agree to pay the applicable fees according to the selected plan. The Company reserves the right to modify subscription plans and pricing with prior notice to users.
Account Management
Account holders can delete their accounts provided there are no active profiles belonging to that account.
Profile Reports
In the event of profile reports being submitted. If the profile's account holder is found guilty of misconduct, the account will be deactivated and the profile rendered inactive except a resolution is made.
TERMS AND CONDITIONS
Introduction
- These terms and conditions are entered into by and between You and Orbitallens Limited.
- The content, features, and services provided on or through www.orbitallens.com (the "Website") are subject to the terms and conditions listed below, as well as any documents they specifically incorporate by reference (collectively, these "Terms & Conditions"). You may access and use the Website as a guest or as a registered user.
- Before using the website, please carefully read the terms and conditions. You accept and agree to be governed by these Terms & Conditions and our Privacy Policy, which is incorporated herein by reference, by using the Website or by clicking to accept or agree to the Terms & Conditions when this option is made available to you. You are not permitted to access or use the Website if you disagree with these Terms & Conditions or the Privacy Policy.
- Users who are eligible to enter into contracts and who are permitted to give us the information we need to complete any services you request from us may use this website. Through your use of this website, you attest that you meet all of the eligibility conditions listed above and are of legal age to enter into a binding contract with the company. The Website must not be accessed or used by you if any of these conditions are not met.
Modifications to the Conditions of Use
- These Terms & Conditions may be updated and revised at any moment, in our sole discretion. All modifications take effect as soon as we publish them online and are applicable to all future clients to have access to and usage of the website. Any modifications to the jurisdiction and governing law's dispute resolution clauses, however, will not apply to any disputes for which the parties receive real notice on or before the date the modification is published on the website.
- You acknowledge and agree to the changes if you continue to use the website after the updated terms and conditions are posted. Since all changes are binding on you, it is expected that you will periodically and frequently check this page whenever you enter our website to stay informed of any changes.
Using the Website and Protecting Your Account
- We retain the right, at our sole discretion and without prior notice, to remove or modify this website, as well as any services or content we offer on it. If the Website is inaccessible at any time or for any length of time for any reason, we shall not be held responsible. Also, for maintenance purposes, we reserve the right to occasionally restrict users, including registered users, access to certain areas or the entire website.
- You might be required to submit certain registration information or other details in order to access the Website. Your use of the website is contingent upon you providing accurate, up-to-date, and comprehensive information at all times. Also know that our privacy policy applies to all information you submit when registering on this website and beyond. You also agree that we may use your information in ways that are consistent with our privacy policy, and you authorize us to do so.
- You also have the right to alert us once there is a security breach or unauthorized use of your password or username. Additionally, you must ensure to log out of your account at the conclusion of each session. In order to prevent others from viewing or recording your password or other personal information, you should exercise extra caution when accessing your account from a shared or public computer.
Intellectual Property Rights
- Copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws in Nigeria and abroad protect the Website and all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof). The Company, its licensors, or other providers of such material own the Website.
- You may only use the Website for personal or commercial purposes as allowed by these Terms & Conditions. All content on this website may not be copied, distributed, altered, transformed into derivative works, publicly performed or shown, republished, downloaded, stored, or transmitted.
- You are not permitted to:
- Alter copies of any content from this website.
- Remove or modify any notices pertaining to copyright, trademark, or other intellectual rights from copies of this website's content.
- You will lose your right to use the website immediately and be required to return or destroy any copies of the materials you have made, at our discretion, if you print, copy, modify, download, or use any other part of the website in violation of the terms and conditions.
- The website and its contents do not grant you any rights, titles, or interests of any kind; the company reserves all rights not expressly granted. Any use of the website that is not allowed by these Terms & Conditions in writing is prohibited and may be illegal in terms of copyright, trademarks, and other laws.
Your Content
The orbitallens platform contains features that enables you to upload content especially if you own a profile. Your content might be used to advertise your creative or commercial endeavours. Any content you upload to the platform;
- must not infringe on the intellectual property rights of others,
- must comply with these terms and conditions,
- and must adhere to the law.
Any content you upload to this platform is your legal responsibility. We may employ the use of automated systems to inspect your content for any infringement.
Licenses provided by You
While you retain ownership rights of any content you upload to the Platform. By uploading content to the platform you to provide certain licenses to Orbitallens LTD and other users of the platform, as outlined below.
- You provide Orbitallens LTD a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use, reproduce, modify, distribute, adapt, and publish the content for platform purposes which includes the operation, marketing, and improvement of the platform.
- Additionally, you provide every other platform user a worldwide, non-exclusive, royalty-free license to access your content via the platform and to use, reproduce, modify, distribute, adapt, and publish the content within the confines of the features provided by the platform.
License Expiration
The licenses that you have provided will remain in effect until you remove the content from the platform at which point the licenses expire, except in cases where the operation of the platform, the use of content that was authorised prior to its removal, or the law demands differently.
Trademarks
The company's name, logo, products and services, and designs are among its trademarks. You may not use these marks without the company's prior written approval. All other names on this website are trademarks of their respective owners, including logos, names of goods and services, designs, and slogans.
Illegal Uses
- Only legitimate uses of the Website in compliance with these Terms & Conditions are permitted.
- You consent to not using this website:
- In any manner that contravenes any nationally, state-wide, locally, or internationally applicable law or regulation.
- To assume the identity of the Company, an employee of the Company, another user, or any other person or entity (including, but not limited to, using email addresses or account names linked to any of the aforementioned) in an attempt to impersonate them.
- To partake in any other activity that, in our opinion, endangers the Company, the Website's users, or exposes them to liability, or that limits or hinders anyone's use or enjoyment of the Website.
- Without our prior written approval, use any manual process to monitor or copy any content on the Website or for any other unlawful purpose.
- Launch a distributed denial-of-service or denial-of-service attack on the website.
- Introduce any malware or other destructive or technologically hazardous content.
- With the intention of abusing, hurting, or attempting to abuse minors in any manner, whether it be by requesting personally identifiable information from them or by exposing them to unsuitable content.
- Use the website in any way that would hinder, overload, damage, or impair it. You should also avoid using it in a way that could hinder the use of the website by third parties, including their capacity to participate in real-time activities there.
- Make use of any software, hardware, or habit that prevents the Website from operating as intended.
- Make an effort to access the Website without authorization, tamper with, destroy, or interfere with any portion of it, the server that the Website is hosted on, or any server, computer, or database that is linked to the Website.
- Make other attempts to obstruct the Website's normal operation.
Surveillance, Implementation and Dismissal
- Nevertheless, we might not have time to examine every piece of content before it is uploaded to the website, and we also can't guarantee that anything offensive will be taken down as soon as it is up. As such, we disclaim all liability for any action or inaction pertaining to transmissions, communications, or content that users or other third parties may offer.
- We are entitled to:
- At our sole discretion, we reserve the right to remove or refuse to post any user contributions for any reason at all.
- Cease or suspend your use of the entire website or just a portion of it for any reason, including, but not limited to, breaking any of these terms and conditions.
- Take any action regarding any user contribution that we, in our sole discretion, deem necessary or appropriate. This includes acting in the event that we suspect that a user contribution violates the Terms & Conditions, including the Content Standards, infringes upon any intellectual property rights or other rights of third parties, endangers the public's or users' personal safety, or may expose the Company to liability.
- Give your name and other personal information to any third party who alleges that something you uploaded infringes their rights—such as their right to privacy or their intellectual property rights. Without restricting the aforementioned, we shall be at liberty to cooperate completely with any law enforcement agencies or a court order that asks or directs us to provide the name or other details of anybody submitting content on or over the Website.
- Additionally, you agree to release and hold harmless the company, its affiliates, licensees, and service providers from any claims arising from any action taken by any of the aforementioned parties during or as a result of the company's investigations, as well as from any actions taken as a result of those investigations by such parties or law enforcement authorities.
- Take necessary legal action for any illegal or unauthorized use of the Website, including but not limited to reporting the offending party to police enforcement.
Content Standards
- Every User and every usage of Interactive Services is subject to these content guidelines. All applicable federal, state, municipal, and international laws and regulations must be complied with in full by users.
- Without limiting the preceding, Users are not permitted to:
- Include any content that is offensive, violent, hateful, inflammatory, abusive, vulgar, indecent, or otherwise objectionable.
- Encourage violence, sexually suggestive or pornographic content, or prejudice against people on the basis of their age, sex, race, nationality, religion, handicap, or sexual orientation.
- Violate any intellectual property rights, including patents, trademarks, trade secrets, copyrights, and other rights of others.
- Infringe upon another person's legal rights, such as their right to privacy and publicity; or include any information that would expose the sender to civil or criminal liability under relevant laws or regulations; or in any other way conflict with our privacy policy and these terms and conditions.
- Have the capacity to mislead anyone.
- Encourage, support, or help in any unlawful act, as well as any illegal activity.
- Be apt to irritate, inconvenience, or create unnecessary anxiety in others, or to cause distress, embarrassment, alarm, or irritation in others.
- Take on the identity of another individual or group, or falsify your identity or relationship with them.
Copyright Infringement
For information on how to send us a notification of copyright infringement, please email support@orbitallens.com if you think that any user contributions violate your copyright. The Company's policy is to delete the user accounts of repeat infringers.
Modifications to the Website
This website's content might not always be accurate or up to date, even if it might occasionally be updated. Nothing on this website is guaranteed to be up to date at all; content may become outdated at any time, and we are under no obligation to update it while users browse at their own speed.
Data Regarding You and Your Visit to the Website
Our privacy policy governs all information we gather on this website. You agree that we may use your information in accordance with the privacy policy for any purposes we use when you use the website.
Linking to Social Media and Website Content
- You are free to link to our home page or any of our subpages as long as you follow the law, treat us fairly, and don't exploit or harm our reputation. However, you can't create a link that implies an affiliation, endorsement, or approval of any kind on our part without getting our prior written consent.
- All content on the website you are linking to or making accessible on it must adhere to the Content Standards outlined in these Terms & Conditions.
- You consent to work with us to stop any unlawful framing or linking right away. Without prior warning, we retain the right to revoke permission to link.
Links from the Website
Any links on the Website that lead to external websites or resources offered by other parties are just for your convenience. This covers links found in sponsored links and banner ads, among other types of advertisements. We disclaim all liability for the information found on those websites and other resources, as well as for any harm or loss you might sustain as a result of using them. You use any third-party websites that are linked to this website at your own risk and according to the terms & conditions that apply to those websites.
Disclaimer of Warranties
- You acknowledge that we are unable to guarantee or assure that any material you download from the internet or this website will be free of viruses or other harmful software. You are in charge of putting in place enough protocols and checkpoints to meet your specific needs for data input and output correctness and anti-virus security, as well as of keeping an external mechanism for any lost data reconstruction.
- NOTE THAT: We disclaim all liability for any loss or damage caused by viruses or other technologically harmful material that could infect your computer equipment, programs, data, or other proprietary material as a result of using our website, any services we provide, anything you buy through it, or anything you download from it.
- The Company hereby disclaims any warranties of any kind, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose, whether express or implied, statutory or otherwise. Any warranties that are not permitted by applicable law to be limited or excluded are unaffected by the aforementioned.
Limitation on Liability
- Under no circumstances shall the company, its affiliates, service providers, agents, officers, or directors be liable for any damages of any kind resulting from, or connected with, your use of, or inability to use, the website, any websites linked to it, any content on the website or such other websites, or any services or items obtained through the website or such other websites. This includes any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, profit margin, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether resulting from tort (including negligence), breach of contract, or otherwise, even if foreseeable.
- The aforementioned has no bearing on any liability that the relevant laws prohibit from being limited or excluded.
Compensation
In the event that you violate these terms and conditions or misuse the website, including, but not limited to, your User Contributions, any use of the website's content, services, and products other than as expressly authorized in these terms and conditions, or your use of any information obtained from the website, you agree to indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees).
Applicable Laws and Authority
- The laws of the Federal Republic of Nigeria (LFN) shall govern and be construed in compliance with all things pertaining to the Website, these Terms & Conditions, and any dispute or claim arising therefrom or linked thereto.
- Only Nigerian courts may be used to hear any lawsuit, action, or procedure relating to, or arising out of, these terms and conditions or the website. Nonetheless, if you violate these terms and conditions, the Company may file a lawsuit, take an action, or otherwise proceed against you in your home country or any other applicable jurisdiction. You renounce any and all objections to these courts' exercising their jurisdiction over you and to their location.
Arbitration
The following Alternative Disputes Resolution (ADR) Mechanisms may be used by the Company in its exclusive discretion: arbitration, mediation, and conciliation. It may require you to submit to final and binding arbitration under the Arbitration and Mediation Act 2003, Laws of the Federal Republic of Nigeria (LFN), for any disputes arising from your use of the Website or these Terms & Conditions, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination.
Waiver and Severability
- The Company may not waive any term or condition contained in these Terms & Conditions, nor may it waive any other term or condition. Moreover, the Company's failure to assert any right or provision under these Terms & Conditions shall not be construed as a waiver of such right or provision.
- In the event that a court or other tribunal of competent jurisdiction rules that any provision of these terms & conditions is invalid, unlawful, or unenforceable for any reason, that provision will be removed or limited to the least amount necessary to ensure that the remaining terms & conditions remain in full force and effect.
Entire Agreement
All previous and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the website are superseded by the Terms & Conditions and our privacy policy, which together reflect the whole and entire agreement between you and the company.
Your Comments and Concerns
Any additional remarks, questions, requests for technical assistance, and correspondence about the website should be sent to: support@orbitallens.com.