GENT MOBILE USER AGREEMENT (Owners of Gentmobile.com)
gentmobile maintains this web site (the "gentmobile Site") as a service to: its visitors, its customers who using its services. Please review the following terms and conditions carefully. This Terms of Use Agreement (the "TOU") is a legally binding contract between each User and gentmobile regarding Users' access to and use of gentmobile Site. By accessing the Sites, the User agrees to the terms and conditions as outlined in this legal notice. gentmobile reserves the right to change these terms and conditions from time to time at its sole discretion by posting such revised terms and conditions on the gentmobile Site. User's continued use of the Sites following any such change constitutes an agreement to follow and be bound by the terms and conditions as changed. If a User does not agree with any part of the following terms and conditions, she/he must not use the Sites. Customers hereby undertake to post this Terms of Use on their websites at all times.
1. Use of site.
Users may only use the Sites for legitimate purposes and shall not use the Sites to make any speculation, false or fraudulent representations, including but not limited to speculative, false or fraudulent reservations or reservations in anticipations of demand. Users may not use any "robot", spider" or other automatic devices on a program, algorithm on methodology having similar process or functionality, or to monitor or copy any web pages, date or content found on the Sites, in any case without the prior written consent of gentmobile.
2. Ownership.
The Sites are the property of gentmobile, its licensor and/or its various third party providers and distributors and as the case may be, its Customers and are protected by copyright, trademark and other intellectual property laws. Users must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and Users agree not to alter, obscure or obliterate any of such notices. Unless otherwise set forth in this Terms of Use, none of the content or data found in the Site may be copied, reproduced, republished, sold, transferred, modified or distributed in any way without the prior written consent of gentmobile, its licensor and/or its third party providers and distributors. Trademarks, logos, images and service marks displayed on the Sites are the property of either gentmobile or other third parties. Users agree not to display or use such marks without prior written consent of gentmobile.
3. Registration, Accounts and Data.
The Services and related features, such as personalization, data purchase(9mobile, airtel, mtn, glo), airtime purchase (9mobile, airtel, mtn, glo), Electricity bills payment, TV Cable (Such as GoTV, DSTV) subscription services may require registration. Should a User choose to register for such Services or related features, she/he agrees to provide accurate and current information about her/him as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. If at any time the User requests that gentmobile pays out the funds owed to him/her, he/she shall provide gentmobile with accurate bank account information. Users agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers chosen by Users or are assigned as a result of any registration, and (b) all activities that occur under such password or account. Further, Users agree to notify gentmobile of any unauthorized use of their password or account. In addition and notwithstanding the foregoing, should a party other than the User register as the contact person in charge of collecting the money in the context of an event (the "Treasurer") using the User's password or account information, the User and the Treasurer each understand and agree that gentmobile will presume that the Treasurer is an authorized agent of the User and that it shall remit the money collected directly to such Treasurer and in no event shall gentmobile be requested to provide the collected funds for such Services to any other party other than the Treasurer unless the User has instructed gentmobile in writing to do so prior to gentmobile having already remitted the collected funds to the Treasurer, in which case gentmobile shall remit the funds directly to the User. gentmobile SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH, USERS' FAILURE TO COMPLY WITH THIS SECTION 5 OR IN CONNECTION WITH gentmobile. HAVING REMITTED THE COLLECTED FUNDS TO THE TREASURER OR THE USER IN ACCORDANCE WITH THIS SECTION 3.
4. Rules and Conduct.
In consideration of the availability, and the use of the gentmobile services (the "Services"), each User agrees, while visiting the Sites, not to: (a) transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Sites or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Sites, the Services or the Internet;
(b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
(c) transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
(d) transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
(e) transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Sites or the Services,
or any derivative work thereof, which is protected by copyright, or any other proprietary or intellectual property right, without obtaining permission of the copyright owner or right holder;
(f) impersonate of falsely represent the association of a User with any person, including a gentmobile representative or site moderator; and (g) use, reproduce, sell, resell or otherwise exploit the Sites or any of the Services for any commercial purposes. If a third party requests that gentmobile remove content from the Sites that in any way represents or refer to that third party, gentmobile reserves the right to remove the content of that individual or group without any liability whatsoever.
In addition to above,
You agree not to:
1) create multiple account or violate any prohibition/restriction/limit placed on accounts on our website as this will lead to termination of your account and you will forfeit all funds in your account;
2) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
3) "Stalk" or otherwise harass anyone;
4) collect personal data about other users for commercial or unlawful purposes;
5) Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by GENT SOLUTIONS;
6) Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or is proportionately large load on our infrastructure;
7) Post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
8) attempt to gain unauthorized access to GENT SOLUTIONS's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the website; or
9) Use any form of automated device or computer program that enables the
Submission of postings on GENT SOLUTIONS without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
10) Use any form of automated device or computer program ("flagging tool") that enables the use of GENT SOLUTIONS's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;
Additionally, you agree not to post, email, or otherwise make available Content:
11) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
12) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
13) That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
14) That violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
15) That violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
16) With respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration anNationality Act, including requiring Nigeria citizenship or lawful permanent residency (green card status) as a condition for employment unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
17) That impersonates any person or entity, including, but not limited to, a GENT SOLUTIONS employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
18) That includes personal or identifying information about another person without that person's explicit consent;
19) that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";
20) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
21) That constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
22) That constitutes or contains any form of advertising or solicitation if:
posted in areas of the GENT SOLUTIONS sites which are not designated for such
purposes; or emailed to GENT SOLUTIONS users who have not indicated in writing that
it is ok to contact them about other services, products or commercial interests.
23) That includes links to commercial services or web sites, except as allowed
in "services";
24) That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including withoutlimitation items the sale of which is prohibited
25) That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
26) that disrupts the normal flow of dialogue with an excessive amount of
Content (flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
27) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
5. Pay Services.
Certain of the Services made available over the gentmobile Site may be offered by gentmobile on a payment basis (hereinafter referred to as a "Pay Service"), which Pay Service may be offered by gentmobile on a "prepaid" or on a "pay as you use" basis. Should a User choose to have access to a Pay Services, she/he will be required to register as described in Section 3 above, and such User will be assigned an account for such Pay Service (the "Pay Service Account"). Each User agrees to pay all the fees applicable to such Pay Service, including any fees associated with the use of such Pay Service and any gentmobile payment service fees listed on the pricing page together with all applicable taxes (collectively, the "Fees"). Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), all Fees for a Pay Service will be billed immediately to the balance account of such User and are non-refundable. gentmobile reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to Users, which notice may for certainty include the posting of any such changes on the relevant pages of the gentmobile Site related to the use of the Pay Services. In connection with the foregoing, each User warrants that: (a) she/he is of the age of majority in the jurisdiction in which she/he reside, (b) all information she/he submits is true and correct (including without limitation all credit/debit card information), and (c) she/he is the cardholder of the credit/debit card designated by the User for the Pay Service Account.
6. Acknowledgement.
In consideration of the availability, and use by the User, of a Pay Service, Users acknowledge and agree: (a) to the Terms of use , including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that Users are solely responsible for all acts or omissions that occur through their Pay Service Account, and (c) that gentmobile reserves the right to suspend or terminate the Pay Service Account of a User and her/his use of a Pay Service at any time, including without limitation, where gentmobile has determined, in its sole discretion, that the use of the Pay Service by a User is, or was, in breach of the Terms of use . Any such termination by gentmobile shall be in addition to and without prejudice to such rights and remedies as may be available to gentmobile, including injunction and other equitable remedies.
7. Dealing with Third Parties.
At certain places on the Sites, live "links" to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by individuals, institutions, or organizations independent of gentmobile. gentmobile does not endorse, approve, certify, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficiency, timeliness, or correct sequencing of information located at such addresses. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficiency and timeliness. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by gentmobile. The sites links from the Sites are not under gentmobile's control, and gentmobile does not assume any responsibility or liability for any communications or materials available at such linked sites. gentmobile does not intend links on the Sites to be endorsements of the linked entities, and are provided for convenience only. Users acknowledge and agree that their correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Sites or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between Users and such third parties. gentmobile ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY CHARGES THAT USERS INCUR WHEN MAKING PURCHASES OR OTHER TRANSACTION IN THIS MANNER. Furthermore, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be the User's alone. USERS AGREE THAT gentmobile SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH, ANY OF SUCH DEALINGS OR TRANSACTIONS.
8. Exclusion of Warranty..
THE SITES, AND THE CONTENTS THEREIN AND/OR THE CONTENT PROVIDED BY GENTMOBILE, ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. GENTMOBILE IS NOT RESPONSIBLE FOR (A) THE ACCURACY OF ANY CONTENT ON THE SITES, OR (B) FOR DAMAGES OR LOSS CAUSED BY THE INTERNET, ERRORS OF THE SITES, OR CONTENT ON THE SITES, GENTMOBILE DOES NOT EXERCISE CONTROL OVER ANY THIRD PARTIES THAT PROVIDE CONTENT TO THE SITES AND THEREFORE PROVIDES NO REPRESENTATIONS AND WARRANTIES REGARDING SAME. FURTHERMORE, USERS EXPRESSLY UNDERSTAND AND AGREE THAT GENTMOBILE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SITES OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET USERS' REQUIREMENTS OR EXPECTATIONS.
9. Limitation of Liability.
GENTMOBILE AND ITS DIRECTORS, SHAREHOLDERS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF (A) THE USE OF THE SITES, (B) THE CONTENT ON THE SITES, (C) WEB SITES, AND THE CONTENT THEREIN, LINKED TO THE SITES, (D) THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTY THROUGH THE SITES, (E) ANY DECISION MADE OR ACTION TAKEN BY USERS IN RELIANCE UPON THE INFORMATION WITHIN, OR CONTENT OF, THE SITES, AND/OR (F) THE LIABILITY TO USE THE SITES AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASE IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GENTMOBILE CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITES, SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO USERS. IF, NOTWITHSTANDING THE FOREGOING, GENTMOBILE SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THIS SITES OR ITS CONTENT OR CONTENT PROVIDED BY GENTMOBILE, GENTMOBILE'S LIABILITY SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE FEES CHARGED BY THE SITES, IF ANY, WITH RESPECT TO WHICH LIABILITY IS FOUND. IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO GENTMOBILE AND WITHOUT ANY LIABILITY WHATSOEVER, GENTMOBILE AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT ACCESS TO A USER TO ANY COMPONENT OF THIS SITES. THE FOREGOING TERMS OF USE SHALL APPLY TO BOTH CONTRACT AND NEGLIGENCE CLAIMS.
10. Indemnification.
Users are entirely responsible for maintaining the confidentiality of their password and account. Furthermore, Users are entirely responsible for any and all activities which occur under their account. Users agree to indemnify, defend and hold harmless gentmobile, its parents, affiliates and subsidiary companies, shareholders, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from their use of the Services, the violation by Users of the Terms of Service or the infringement by Users of any intellectual property or other right of any person or entity. Users agree to immediately notify gentmobile via hello@payscribe.ng of any unauthorized use of their account or any other breach of security known to them. Gentmobile reserves the right to use any Customer's site as a Demo site. The Customer can request to be removed as a demo by contacting gentmobile
11. No License; Intellectual Property of gentmobile and Others..
Except as expressly provided, nothing herein or within any of the Services shall be construed as conferring any license under any of gentmobile's or any third party's intellectual property rights, whether by implication, waiver, or otherwise. Without limiting the generality of the foregoing, Users acknowledge and agree that certain content available through and used to operate the Sites and Services is protected by copyright, trademark, patent, or other proprietary rights of gentmobile, its affiliates, licensors, and/or service providers. Users agree not to adapt, translate, modify, decompile, or reverse engineer any software, applications or programs used in connection with the Services or the Sites. Further, Users agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the Sites nor use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to users through the Sites. Copying any content on the Sites is strictly prohibited. Nowithstanding the foregoing, Customers hereby certify that they have the right to upload, broadcast and distribute any content and pictures which will be posted on the Customers' website (the "Website content") and that that such Website content does not violate this Terms of Use or any third parties' proprietary right. Customers also hereby grants to gentmobile a perpetual non-exclusive royalty-free license to make copies, distribute and sell the Website content to Users which may have an interest in the Customer's website.
12. Trademarks & Copyright..
gentmobile is a trademark of gentmobile. All other product, brand and company names and logos used on the Sites are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Sites without the prior written consent of gentmobile or the owner of the mark, as appropriate, is strictly prohibited. All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner.
12. NO SPAM POLICY..
You understand and agree that sending unsolicited email advertisements to GENT SOLUTIONS email addresses or through computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of GENT SOLUTIONS computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
13. Relationship.
The relationship between gentmobile and the Users will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
14. Assignment.
Users may not assign, convey, subcontract or delegate their rights, duties or obligations hereunder.
15. Modification.
gentmobile may at any time modify these terms and conditions and Users' continued use of the Sites will be conditioned upon the terms and conditions in force at the time of use by Users.
15. Modification.
gentmobile may at any time modify these terms and conditions and Users' continued use of the Sites will be conditioned upon the terms and conditions in force at the time of use by Users.
16. Termination.
gentmobile may terminate access by Users to the Sites and/or the provision of any of the services offered by gentmobile at any time for any reason, including any improper use of the Sites or Users' failure to comply with this Terms of Use. Such termination shall not affect any right to relief which gentmobile may be entitled to, at law or in equity. Upon termination of this Terms of Use, all rights granted to Users will terminate and revert to gentmobile.
17. Additional Terms.
Additional terms and conditions may apply to each service services and other uses of portions of the Sites, and Users agree to abide by such other terms and conditions.
18. Entire Agreement.
This Term of Use constitutes the entire agreement between each User and gentmobile. Additionally, this Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The heading used in this Terms of Use are included for convenience only. Users acknowledge that they have read this Terms of Use, understand it, and agree to be bound by its terms and conditions. Users further agree that it is the complete and exclusive statement of the agreement between Users and myevent which supersedes any proposed or prior agreement, oral or written, and any other communications between Users and gentmobile relating to their use of the Sites.
19. Governing Laws..
This Term of Use and its performance shall be governed by the laws currently in force in the Federal Republic of Nigeria.