TERMS AND CONDITIONS
These Terms and Conditions create a legally binding contractual relationship between you and Getaiki. Please, read carefully.
By accessing the Getaiki website (the "Site", the "Platform") and using the features, products and services provided by Getaiki ( the "Company", "we", "us" or "our") through the Site, you consent to be bound by these terms and expressly acknowledge that:
(a) you have read these Terms, you sufficiently understand and agree to all the terms and conditions;
(b) you are 18 years of age or older;
(c) you have the right, authority and capacity to enter into this Agreement, and comply with its terms and that you will so comply;
(d) where you enter into this Agreement on behalf of an entity, you warrant and represent that you have authority to act and bind that entity to this Agreement.
Furthermore, you agree to receive all electronically generated communications, agreements and notices that we provide in connection with the Platform including by e-mail, SMS text message, or by posting them on the Site or otherwise making them available through the Platform. You agree that all such communications provided by us to you electronically satisfy any legal requirement that such communications be in writing. You must agree to these Terms in order to use and access the Platform, and if you do not agree or accept these Terms then you may not use any aspect of the Platform.
CHANGES
Getaiki may update, modify, improve, review or change these Terms at any time in its sole discretion, and will post the updated version of these Terms on the Site. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.
Getaiki reserves the right to terminate these Terms or any Services with respect to you (Customers), or generally cease offering, deny, restrict, delete, discontinue, temporarily or permanently, any of the terms and conditions of this Agreement (including the Privacy Policy) access to the Services, any content, features, aspect or information on the Platform or any portion thereof, at any time for any reason.
Subsequent supplemental terms may be made to apply to certain Services, such as policies for a particular event, program, activity or promotion. Such supplemental terms will be disclosed and communicated to you in specific regions on the Platform or in connection with the applicable Service(s). Supplemental terms shall be deemed a part of the Terms as regards the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Such changes to the Site are effective with or without prior notice and without any liability to the Company. If you do not agree with any subsequent changes to these Terms you must terminate and immediately discontinue the use of the Platform. Your continued use of the Platform after any revision, modification or change to this Agreement constitutes your total and irrevocable acceptance of any and all such changes.
THE SERVICE
The Site is a platform for individuals and businesses ("Customer", "User") seeking on- demand technical support to make requests and access the services of a technician who is skilled in that regard. A Customer, through the use of the Platform selects the desired services and sets up a convenient time for the technician to perform these on-demand technical support services.
CHARGES FOR USE
You agree that you are solely responsible for any applicable Internet connection, data usage and telecommunications fees and charges that you incur during the use of the Platform.
USER ACCOUNTS AND SECURITY
Access and User Account.
In order to access most aspects of the Platform, you must have a User Account by registering and maintaining an active Account on the Site.
To be eligible for an Account, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18 ), unless a specific part of the Platform permits otherwise. To register for an Account, you will be required to provide certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid and active payment method approved by Getaiki. You agree that your Account will always contain correct, accurate, complete, and up-to-date information as well as carry a valid and active payment method. Non-compliance may result in your being barred from accessing the Platform.
You shall not select or use as a username a name (a) of another person with the intent to impersonate that person; (b) which is subject to the rights of a person other than you without authorization; or (c) that is perceived as being offensive, vulgar or obscene.
User Account Security.
In order to access most aspects of the Platform, you must have a User Account by registering and maintaining an active Account on the Site.
To be eligible for an Account, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18 ), unless a specific part of the Platform permits otherwise. To register for an Account, you will be required to provide certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid and active payment method approved by Getaiki. You agree that your Account will always contain correct, accurate, complete, and up-to-date information as well as carry a valid and active payment method. Non-compliance may result in your being barred from accessing the Platform.
You shall not select or use as a username a name (a) of another person with the intent to impersonate that person; (b) which is subject to the rights of a person other than you without authorization; or (c) that is perceived as being offensive, vulgar or obscene.
User Account Security.
You are solely responsible for all activities that occur under your Account and the maintenance of the security and secrecy of your Account username and passwords. The Company has no control over the use of any User's Account and expressly disclaims any liability derived from same. You agree to notify the Company in the event of any suspicious or unauthorized use of your password or Account or in the case of any suspected breach of security.
Transferability of User Account.
Unless otherwise expressly permitted by Getaiki in writing, you are entitled to possess and operate just one Account on the Platform.
Accounts are registered to you personally and may not be transferred at any time under any circumstances. You should not share your Account with, or disclose your password to anyone else.
Deactivation by You.
You have the right to deactivate your account at any time. You may deactivate your account by emailing us at info@getaiki.com.
Termination of Account by the Company.
The Company may terminate your Account at any time for any reason or no reason, in the event of:
(i) a breach or contravention of the Terms by your involvement in fraudulent activities, illegal practices or other conduct that may make the Company liable;
(ii) The Company determines it is required by law to terminate your Account;
(iii) The Company decides to discontinue the Platform or important aspects of it.
During Account termination, the Company may delete all the information contained in such Account. You have no ownership rights to your Account.
After such termination, 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 the Account termination, the Company reserves the right to take appropriate legal action, including without limitation criminal, and injunctive redress.
Restrictions and Conditions of Account Use
The Site is solely for the use of personal and limited commercial purpose. You shall not apply the Site in a manner inconsistent with the purpose for which it is intended. Furthermore, you agree that you will not:
(a) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Platform;
(b) sell, assign, rent, lease, act as a service bureau, or grant rights in the Platform, including, without limitation, through sublicense, to any other person or entity without the prior written consent of Getaiki;
(c) make any false, misleading or deceptive statement or representation regarding Getaiki or the Platform;
(d) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Platform (or any servers, systems or networks connected to the Platform) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Platform or any other person's or entity's use of the Platform (or any servers, systems or networks connected to the Platform);
(e) attempt to gain unauthorized access to the Platform, accounts registered to other Users, or any servers, systems or networks connected to the Platform;
(f) use the Platform for any commercial purpose unless consistent with these Terms and the intended use of the Platform;
(g) use the Platform to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful;
(i) breach any agreements you enter into with any third parties;
(j) use the Platform for any unlawful, prohibited, abnormal or unusual activity as determined by Getaiki in its sole discretion;
(k) use the Platform to engage in any activity that; (i) constitutes harassment or a violation of privacy or threatens other people or groups of people; (ii) is harmful to children in any manner; (iii) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (iv) violates any applicable law, ordinance, rule, regulation, treaty or self-regulatory guidelines;
(l) improperly obtain or attempt to improperly obtain any information or data from the Platform including, without limitation, email addresses or mobile phone numbers of other Users;
(m) intercept, examine or otherwise observe any proprietary communications protocol used by the Platform, whether through the use of a network analyzer, packet sniffer or other device; or
(n) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Platform.
Effect of User Account Deactivation.
If you voluntarily deactivate your Account, you may reactivate that Account at any time by contacting us via email at info@getaiki.com. Accounts terminated for violation of these Terms or other reasons within the Company's discretion cannot be reactivated for any reason without our consent. We reserve the right to withhold such consent.
CANCELLATION
Service Request scheduled to commence immediately cannot be cancelled by the customer. After you make a Service Request, Getaiki will send you a notification containing the commencement time for your scheduled Request.
You may cancel a confirmed scheduled service up to 48 hours prior to the commencement time. In this case, Getaiki will make a total refund of your payment. However, cancellations made within 48 hours of a scheduled service will attract a cancellation fee of 10% from the payment made by you. You agree that fees charged by Payment Providers in connection with such refund shall be deducted from the payment made by you for the.service.
If you fail to cancel a Request at least 3 hours prior to the confirmed commencement time, you will be charged in full. You shall be responsible for such service and there shall be no refund from Getaiki. These cancellation fees may be changed and updated from time to time without notice.
PRICING AND PAYMENTS
Fees and Payments
A Service Request becomes due for payment immediately it is made. Requests not paid for shall be treated as incomplete and cancelled. All prices, fees and other amounts for the Platform are set forth on the Site or will be computed and forwarded by mail along side the commencement time of service to the customer. All amounts shall be quoted and paid in United States Dollars. All Fees are subject to change at any time without notice. Except as otherwise expressly set forth herein or as expressly approved by Getaiki in writing in its sole discretion, all payments made are final and non-refundable and a User shall not have the right to cancel its purchase for any reason. If you use a payment or financial mechanism ("Payment Provider"), the applicable Payment Provider agreement governs your use of such Payment Provider, and you should refer to that agreement, and not these Terms, to determine your rights and liabilities with respect thereto. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE AND YOU WILL ALWAYS USE A VALID PAYMENT TO INITIATE ANY TRANSACTION. All information that you provide to us or our third-party payment processors must be accurate, current and complete. You will also be responsible for paying any applicable taxes relating to payments that you make. Getaiki shall have no liability or responsibility to you or any other third party in connection with the accuracy of the Payment Provider information provided by you or your use of any Payment Provider (including any fees charged by such Payment Provider in connection with such use).
Payment Processing
When you make a Service Request, the fees will be deducted for the Request. In the event that Getaiki is unable to charge your card due to invalidity of the card, such Requests not paid for are deemed to be cancelled.
Failed Transactions.
In the event that Getaiki is unable to successfully charge any linked payment instrument. You agree that Getaiki is not responsible for any charges imposed by the issuer of such unsuccessful transaction.
LINKS
Links from the Platform.
The Platform may contain links to websites operated by independent third parties. Getaiki provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of the Company and is not responsible for the content available on the other websites or services. Such links do not imply our endorsement of information or material on any other website and we disclaim all liability with regard to your access to and use of such linked websites. You understand and acknowledge that your access and use of linked websites and the services provided through these websites is governed by the terms of service and other agreements posted on such websites.
INTELLECTUAL PROPERTY
The name, texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content contained on the Site is owned, controlled or licensed by or to Getaiki Limited, and is protected by trade dress, copyright, patent and trademark local and international laws, and various other intellectual property rights and unfair competition laws.Your unauthorized use of any of these may be a violation of federal and state trademark laws.
Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied, reproduced, re-published, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
Ownership.
You acknowledge and agree that Getaiki, or its licensors, owns all right, title and interest in and to the Platform, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Platform is protected by local and international copyright laws. Further, you acknowledge that the Platform may contain information that we have designated as confidential and you agree not to disclose such information without our prior written consent.
Feedback.
You may choose to, or the Company may invite you to submit comments, bug reports, or ideas about the Platform or any modifications, features or improvements thereto ("Feedback"). You agree that Getaiki shall own any and all Feedback and we shall have the right to use, in any manner and for any purpose whatsoever, any and all Feedback. You hereby assign to us all right, title and interest that you may acquire in and to any Feedback.
Notice of Copyright Complaints.
If you believe that anything on our Platform infringes any copyright that you own or control, you may notify us and request that we remove or block access to such materials.
Please forward your notice in writing to; info@getaiki.com.
PRIVACY POLICY
Any data that is collected or processed by Getaiki will be done in accordance with our Privacy Policy. By accepting these Terms or using the Platform, you represent that you have read and consent to our Privacy Policy in addition to these Terms. We may revise the Privacy Policy at any time and such updates will be posted on the Site. If you do not agree to any portion of the Privacy Policy, you must immediately stop using the Platform. By using the Platform, you agree to the updated versions of these Terms and Privacy Policy, which will be posted on the Site.
LOCATION
The Platform is operated by Getaiki in Nigeria. This Agreement shall be governed by and construed in accordance with the laws of The Federal Republic of Nigeria. The services, features and products offered on the Site are available to customers from every part of the world.
UTILIZING YOUR COMPUTER OR OTHER DEVICE.
Your use of the Platform requires the Platform to access information on your computer or other applicable device. You hereby consent for the Platform to monitor your computer or other applicable device (including, but not limited to, your device's memory) and to communicate information, including, without limitation, your Account information, to our servers for the purposes of analyzing your device’s performance during use of the Platform. Additionally, the Platform will utilize the processor, bandwidth and hard drive (or other memory or storage hardware) and/or cache of your computer or other applicable device for the limited purpose of facilitating the communication between, and the transmittal of data, content, services or features to you and other users, and to facilitate the operation of the network of computers running instances of the Platform.
LIMITED WARRANTY; DISCLAIMER OF WARRANTIES
Getaiki represents and warrants that the Services
(a) will be performed in a good and workmanlike manner, using the degree of skill, care, and judgment consistent with customarily accepted good business practices, and
(b) will be free from defects.
This limited warranty is valid for a period of thirty (30) days following the date the Services were performed.
To make a claim under this limited warranty for any Services performed, contact us at info@getaiki.com and we will arrange a re-performance of the Services. Such re-performance shall be the sole remedy for any claims made under this limited warranty.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT, EXCEPT AS STATED IN 'LIMITATION OF LIABILITY' BELOW
(A) THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED,
(B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GETAIKI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE,
(C) GETAIKI MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE PLATFORM, AND
(D)GETAIKI DOES NOT REPRESENT OR WARRANT THAT
(I) YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING;
(II) THAT OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(III) YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS;
(IV) DEFECTS IN THE OPERATION OF THE PLATFORM WILL BE CORRECTED; OR
(V) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL CONTENTS
CUSTOMER IS RESPONSIBLE FOR (A) OBTAINING ALL PERMITS, LICENSES AND OTHER PERMISSIONS, IF ANY, THAT MAY BE REQUIRED TO BE OBTAINED FOR THE RESPECTIVE SERVICES TO BE PERFORMED. GETAIKI ASSUMES NO RESPONSIBILITY FOR A CUSTOMER’S FAILURE TO OBTAIN OR CONFIRM SUCH PERMITS, LICENSES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS.
LIMITATION ON LIABILITY
TO THE EXTENT PERMITTED BY LAW, NEITHER GETAIKI NOR ITS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, STOCKHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS GETAIKI AFFILIATES”) SHALL BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM, EVEN IF WE OR THE OTHER GETAIKI AFFILIATES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE LIABILITY OF GETAIKI OR ANY OF THE OTHER GETAIKI AFFILIATES EXCEED, IN THE AGGREGATE, THE GREATER OF FIFTY DOLLARS ($50) OR THE FEES ACTUALLY PAID BY YOU FOR THE SERVICES.
IN THE EVENT THAT ANY STATE DOES NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY IN CONNECTION WITH INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS SHALL NOT APPLY TO YOU AND BE PERMITTED TO THE EXTENT ALLOWED UNDER LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Getaiki, its affiliates and subsidiaries, employees, officers, directors, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including the cost of litigation) arising out of your breach of these Terms, relating to your access, connection, activities, and engagement with our Site, or any violations of our Privacy Policy. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section and Terms. In such a case, you agree to cooperate with any reasonable requests assisting our defense of such matter and you will not in any event settle any claim without our prior written consent.
GOVERNING LAW; JURISDICTION
These Terms are governed by Nigerian law, without regard to conflict of laws principles.
By using this site, you are agreeing to exclusive jurisdiction in both federal and state courts located in Nigeria and you waive any jurisdictional, venue or inconvenient forum objects to such courts.
DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria in force from time to time and any disputes arising out of or in connection with this Agreement, shall be settled by both parties taking reasonable steps to amicably resolve any dispute or misunderstanding. You and Getaiki agree that all disputes, controversies and claims related to these Terms or the Platform shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Arbitration and Conciliation Act 2004. The arbitrator's decision shall be final binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. The cost of arbitration shall be borne by each party.
GENERAL
(a) No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or your use of the Platform.
(b) Assignment. Getaiki may assign its rights under these Terms to any person or entity without your consent. The rights granted to you under these Terms may not be assigned without Getaiki’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
(c) Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.
(d) Recovery Of Litigation Cost . In the event any litigation is brought by either party in connection with these Terms, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
(e) No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Getaiki of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
(f) Notices All notices given by you or required under these Terms shall be in writing and sent to info@getaiki.com
(g) Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Getaiki with respect to the Platform and supersedes any and all prior agreements between you and Getaiki relating to the Platform.