Terms of Service
Updated on January 01, 2024
INTRODUCTION
Kadavra Technology Limited ("Kadavra", "we", “us”) is a company duly incorporated under the Companies and Allied Matters Act with its registered office address at 5 Tanba, Wuse 2, Abuja. Kadavra provides products and services both at its physical registered address(es) as well as an online platform consisting of a website, web applications, and/or mobile application (the “Platforms”).
In the context of these Terms of Service and the Platforms, Customers are individuals and businesses seeking the Products and Services provided by Kadavra.
A reference to “Users”, “User” or “You” in this Terms of Service includes Customers, and any other person that visits or views the Platforms.
ACCEPTANCE
These General Terms of Service constitute a binding and enforceable legal contract between Kadavra and Users of the Platforms. They govern your use of the Platforms and related services.
Your access and use of the Platforms as well as any service, content, and data available via them constitutes your acceptance of the following Terms of Service in full. If you do not agree with any part of these Terms of Service, or if you are not eligible or authorized to be bound by these Terms of Service, you may not access or use the Platforms.
ACCOUNT CREATION
You may create an account on the Platforms only if you possess the legal capacity to do so.
You may create an account as an individual or as an authorized representative of a body corporate.
By creating an account on the Platforms, you warrant and represent that:
You have attained the legal contractual age i.e., you are at least 18 years of age; or
As an authorized representative of a body corporate, you have obtained all necessary authorization and approvals prior to registering your organization on the Platforms.
By filling and submitting the account registration form on the Platforms, you signify your intention to create an account subject to these Terms of Service.
You hereby warrant and certify that all information you provided in the account registration form and all other forms on the Platforms are true, accurate, complete and correct. You further guarantee that should the information supplied cease to meet these conditions, you shall notify Kadavra and desist from using the platforms until the error is rectified.
While creating an online account on the platforms, we shall request that you provide an email address/user ID and password (“login details”) which upon successfully creating your account will provide access to your account when entered correctly in the login page. In consideration of the associated risks, you hereby agree to:
keep your login details confidential; and
notify us immediately through any of our contact media provided on the platforms, if you reasonably suspect or you become aware that the confidentiality of your login details has been compromised; and
notify us immediately through any of our contact media provided on the Platforms, if you reasonably suspect or you become aware of any unauthorised use or access as well as any unauthorised attempt to use or access your online account on the Platforms; and
bear the liability for any loss or damage arising from your failure to comply with the above requirements.
You can only create one Account on the Platforms. Your account shall be solely for your use at all times and you shall not transfer your account to any other person.
If you grant access to, or authorize any third party to manage your account on your behalf this shall be at your own risk and liability.
We reserve the right to suspend or terminate your Account, or your access to the Platforms, with or without notice to you, in the event that you breach these Terms of service.
You may cancel your account on the Platforms at any time by notifying us of your desire to do so.
USER WARRANTIES AND REPRESENTATIONS
All Users hereby warrant and represent that:
You have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy;
You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Kadavra officials, staff, agents & other Users;
You will use your real name or business name on your Account;
When using or accessing the Platforms, you will act in accordance with all applicable local, state, federal, or international law or custom and in good faith;
Other than as fully and promptly disclosed in writing to Kadavra, you do not have any motivation, status, or interest that Kadavra may reasonably wish to know about in connection with the Platforms, including without limitation, if you are using or will or intend to use the Platforms for any journalistic, academic, investigative, or unlawful purpose.
CANCELLATION AND REFUNDS
Cancellation of services by Customers shall be managed solely at Kadavra’s discretion, in accordance with the terms defined herein subject to compliance with applicable laws of the territory.
The Customers hereby agree that they shall be entitled to Cancellation and refunds only in respect of services yet to be rendered.
BILLING AND PAYMENT
All Users hereby acknowledge and agree that:
To help prevent fraud and safeguard User information from the risk of unauthorized access, Kadavra and/or the Payment Service may validate an account before activation and prior to each order. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-5 business days. This temporary charge may vary depending on the estimated value of the transaction.
When the Customer receives confirmation through the Platforms or via any other medium authorised by Kadavra that a payment for Kadavra’s products and/or services is due, the Customer automatically authorizes Kadavra and the Payment Service to process the Invoice(s).
Kadavra reserves the right (but not the obligation) upon request from a User, or upon notice of any potential fraud, unauthorized charges or other misuse of the Platforms, to place on hold any Payment, or make a refund or arrange for the Payment Service to do so.
Users of the Platforms may be liable for any taxes or similar charges (including VAT, if applicable in the jurisdiction where the products and services are provided) required to be collected and/or paid on the Products and Services.
Users shall make all payments due from their use of the Platforms as and when due, and in accordance with the Payments Information and Guidelines on the Platforms.
RULES ABOUT YOUR CONTENT
Kadavra may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platforms, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
Any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use your Contributions in any manner contemplated by the Platforms and these Terms of service.
you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platforms and these Terms of service.
your Contributions are not false, inaccurate, or misleading.
your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
your Contributions do not violate any applicable law, regulation, or rule.
your Contributions do not violate the privacy or publicity rights of any third party.
your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of service, or any applicable law or regulation.
You hereby further agree that:
You are solely responsible for your Contributions and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, to pre-screen or delete any Contributions at any time and for any reason, without notice.
We have no obligation to monitor your Contributions.
Any use of the Platforms in violation of the foregoing violates these Terms of service and may result in, among other things, termination or suspension of your rights to use the Platforms.
USE OF THE PLATFORMS
You may not access or use the Platforms for any purpose other than that for which we make the Platforms available. The Platforms may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Platforms, you agree not to:
systematically retrieve data or other content from the Platforms to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
make any unauthorized use of the Platforms, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
use an agent to request for services on the Platforms. You may only use the Platforms for your own personal and business purposes in respect of making/requesting orders for our Products and Services;
circumvent, disable, or otherwise interfere with security-related features of the Platforms, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platforms and/or the Content contained therein;
engage in unauthorized framing of or linking to the Platforms;
trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as user passwords;
make improper use of our support services or submit false reports of abuse or misconduct;
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
interfere with, disrupt, or create an undue burden on the Platforms or the networks or services connected to the Platforms;
attempt to impersonate another User or person or use the username of another User;
sell or otherwise transfer your profile;
use any information obtained from the Platforms in order to harass, abuse, or harm another person;
use the Platforms as part of any effort to compete with us or otherwise use the Platforms and/or the Content for any revenue-generating endeavour or commercial enterprise;
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platforms;
attempt to bypass any measures of the Platforms designed to prevent or restrict access to the Platforms, or any portion of the Platforms;
harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platforms to you;
delete the copyright or other proprietary rights notice from any Content;
copy or adapt the Platforms’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any person’s uninterrupted use and enjoyment of the Platforms or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platforms;
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platforms, or using or launching any unauthorized script or other software;
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platforms;
use the Platforms in a manner inconsistent with any applicable laws or regulations.
COPYRIGHT AND TRADEMARKS
Unless otherwise indicated, the Platforms are our proprietary property and all source code, databases, functionality, software, app/website designs, audio, video, text, photographs, and graphics on the Platforms (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Federal Republic of Nigeria, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Platforms “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Platforms and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Platforms, you are granted a limited license to access and use the Platforms solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platforms, the Content and the Marks.
The third party registered and unregistered trademarks or service marks on our Platforms are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights
DATA PRIVACY
By using the Platforms, you agree to be bound by our Privacy Policy.
Kadavra shall process all personal data obtained through the Platforms and related services in accordance with the terms of our Privacy Policy.
Agents shall be directly responsible to customers for any misuse of their personal data and Kadavra shall bear no responsibility to her customers in respect of any misuse by Agents of their personal data.
DISCLAIMERS
The Platforms are provided on an as-is and as-available basis. You agree that your use of the Platforms will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Platforms and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. As with transactions relating to products and services through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
By using the Platforms, you agree that:
We make no warranties or representations about the accuracy or completeness of the Platforms’ content or the content of any websites linked to this Platforms and we will assume no liability or responsibility for any:
errors, mistakes, or inaccuracies of content and materials;
personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platforms;
any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
any interruption or cessation of transmission to or from the Platforms;
any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platforms by any third party; and/or
any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platforms.
We shall have no obligation to mediate in disputes between Users of the Platforms.
We are not required to and may not verify any feedback or information given to us by Users of the Platforms, nor do we perform background checks on Users of the Platforms.
We reserve the sole right to discontinue or alter any or all of our services, and to stop publishing on our Platforms, at any time in our sole discretion without prior notice or explanation.
LIMITATION AND EXCLUSION OF LIABILITY
Nothing in this Terms of service and in particular within this "Limitation and Exclusion of Liability" clause shall attempt to exclude liability that cannot be excluded under applicable law.
To the maximum extent permitted by applicable law, in addition to the above disclaimers, in no event shall:
Kadavra be liable for any consequential, exemplary, special, or incidental damages, including any damages for lost data or lost profits, arising from or relating to the products and services listed on the Platforms, even if Kadavra knew or should have known of the possibility of such damages; and
Kadavra’s total cumulative liability arising from or related to the products and services listed on the Platforms, whether in contract or tort or otherwise, exceed the fees actually paid by you to Kadavra for the products and services. This Limitation is cumulative and will not be increased by the existence of more than one incident or claim,
In respect of any of the services offered to you at no cost, Kadavra shall not be liable to you for any loss or damage of any nature whatsoever.
We shall not be liable to you for any loss or damage of any nature, including in respect of:
any losses occasioned by any interruption or dysfunction to the website or malfunction of the mobile application;
any losses arising out of any event or events beyond our reasonable control;
any business losses, including loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
any loss or corruption of any data, database or software; and/or
any special, indirect or consequential loss or damage.
INDEMNIFICATION
You shall hereby indemnify us, and undertake to keep us indemnified, against: any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) that may be incurred or suffered by us and arising directly or indirectly out of your use of the Platforms.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims.
TERM AND TERMINATION
These Terms of Service shall remain in full force and effect while you use the Platforms.
Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platforms (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation.
We may terminate your use or participation in the Platforms or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
VARIATION
We may revise these General Terms of Service and the Privacy Policy and guidelines from time to time.
The revised Terms of service shall apply from the date of publication on the Platforms.
SEVERABILITY
If a provision of these General Terms of service is determined by any court or other competent authority to be unlawful and/or unenforceable, the remaining provisions will continue in effect.
If any unlawful and/or unenforceable provision of these general Terms of Service would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
ASSIGNMENT
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these General Terms of service.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these General Terms of Service.
LAW AND JURISDICTION
These General Terms of Service shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
Any disputes relating to these General Terms of Service shall be subject to the exclusive jurisdiction of the courts, tribunals and other dispute resolution mechanisms within the Federal Republic of Nigeria.
THE COMPANY’S DETAILS
The Platforms is operated by Kadavra Technology Limited, registered in Nigeria under the Company and Allied Matters Act (As amended) and with head office situate at 45, Gana Street,5 Tanba, Wuse 2, Abuja. We can be contacted via info@kadavra.co.
