Last Updated on June 17, 2021.
These Terms of Service (which, together with the Business Terms below, are the “Terms”) are effective immediately for users accessing or using the service without an Account or those registering accounts.
PLEASE NOTE: THESE TERMS INCLUDE DISPUTE RESOLUTION PROVISIONS (SEE SECTION 10) THAT, WITH LIMITED EXCEPTIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST LOCALE.BUSINESS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.
These terms govern your access and usage of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts) and mobile applications (collectively, the “Service”). By accessing or using the service, you agree to these Terms, which form a legally binding contract with (i) Locale.business, an advertising company with its headquarters in Abuja, Nigeria.
“Locale.business” means Locale.business or Locale.business Ltd., as applicable. Do not access or use the service if you are unwilling or unable to be bound by the Terms.
- “You” and “your” refer to you as a service user. A “user” is someone who accesses or uses the service. “We,” “us,” and “our” refer to Locale.business and its subsidiaries.
- “Content” means text, images, photos, audio, video, and other forms of data or communication. “Your Content” means content that you submit or transmit through or in connection with the service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your profile or suggest for a business page. “User Content” means content that users submit or transmit through or in connection with the service. “Locale.ng Content” means the content we create and make available in connection with the service. “Third Party Content” means content that originates from parties other than Locale.business or its users, which is made available in connection with the service. “Service Content” means all the content made available in connection with the service, including Your Content, User Content, and Locale.business Content, and Third Party Content.
- “Business Account” means the account you create as a business owner to access or use the Locale.business website (www.locale.business/global and other related domains) and mobile applications.
You understand and agree that continued access and usage of the service represent your acceptance of the terms of service.
- USING THE SERVICE
- To access or use the service, you must have the requisite power and authority to enter these Terms. You may not access or use the service if you are a competitor of Locale.business or if we have previously banned you from the service or closed your account.
- We permit you to use the service subject to these Terms. Your use of the service is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential dangers or hazards, or is otherwise inappropriate.
- Locale.business limited has not vetted any company on its platform. It will not take any responsibility for any loss you might incur while dealing with any company specified on its platform. Users are responsible for vetting and ensuring they deal with credible companies before carrying on any business or financial transactions.
- You must create an account and provide certain information about yourself to use some of the features offered through the service. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities connected with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for a reason.
- We ask that you provide complete and accurate information about yourself when creating an account to bolster your credibility as a contributor to the service. You must not impersonate someone else, provide an email address other than yours, create multiple accounts, or transfer your account to another person without prior approval.
- Service Availability. The service may be modified, updated, interrupted, suspended or discontinued without notice or liability.
- Communications from Locale.business and Others.
By accessing or using the service, you consent to communications from other users and Locale.business through the service or any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote Locale.business or businesses listed on Locale.business. They may be initiated by Locale.business, companies listed on Locale.business, or other users. You further understand that communications may be through an automatic telephone dialling system and that your phone carrier may charge you for certain communications such as SMS or phone calls. You agree to notify us immediately if the phone number(s) you provided has been changed or disconnected. Please note that any communications, including phone calls, with Locale.business or made through the service may be monitored and recorded for quality purposes.
You can opt-out of certain communication.
- Responsibility for Your Content. You are responsible for Your Content, and once posted to Locale.business, it cannot always be withdrawn. You assume all risks associated with Your content, including its quality, accuracy, or reliability, and any risks associated with the personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is sponsored or endorsed by Locale.business.
You may expose yourself to liability if, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains unlawful material, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation, or violates these Terms.
- Our Right to Use Your Content. We may use Your Content in several ways, including publicly displaying, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their websites and media platforms (“Other Media”). As such, you now irrevocably grant us perpetual, non-exclusive, royalty-free, assignable, transferable rights to use Your Content. Please note that you irrevocably consent the users of the Service and any Other Media the right to access Your Content in connection with their use of the service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Locale.business and its users any claims and assertions of moral rights or attribution concerning Your Content. By “use”, we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
- As between you and Locale.business. You own Your Content. We acknowledge the Locale.business Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights associated with the Locale.business Content and the service are protected by copyright, trade dress, patent, trademark, trade secret laws and all other applicable intellectual and proprietary rights and laws. You may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display, use, or exploit any of the Locale.business Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights. We retain all rights in and to the service and the content.
- User Content (including any that may have been created by users employed or contracted by Locale.business) does not necessarily reflect the opinion of Locale.business. Except as required by law, we have no obligation to retain or provide you with copies of Your Content. We do not guarantee any confidentiality concerning Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. Except by Locale.business’ Verified License program, Locale.business does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such rights with the business directly. Businesses whose licenses have been verified by Locale.business will have a “Verified License” badge displayed on their business page.
- REPRESENTATIONS AND WARRANTIES
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe a user has violated the Terms, we reserve the right to investigate and take appropriate action. You represent and warrant that:
- You have read and understood our Content guidelines
- You also represent and warrant that you will not and will not assist, encourage, or enable others to use the service to:
- Violate our Terms, including the Content Guidelines and Event Terms and Conditions.
- Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated for posting, refraining from posting, or removing a review.
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, harass others or promote bigotry or discrimination.
- Solicit personal information from minors, or submit or transmit pornography.
- You also represent and warrant that you will not and will not assist, encourage, or enable others to:
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by Locale.business.
- Use any robot, spider, Service search/retrieval application, or other automated devices, process, or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by Locale.business.
- Reverse engineer any portion of the service, unless applicable law prohibits this restriction, in which case you agree to provide us with 30 days prior written notice.
- Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the service or any materials printed or copied from the service.
- Record, process, or mine information about users;
- Access, retrieve or index any portion of the service for purposes of constructing or populating a searchable database of business reviews;
- You also represent and warrant that you will not and will not assist, encourage, or enable others to:
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Locale.business’ technology infrastructure or otherwise make excessive traffic demands of the service;
- Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the service through hacking, password mining or any other means.
- Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature.
- Use a device, software, or routine to interfere with the working of the service or otherwise attempt to interfere with the proper working of the service.
- Use the service to violate the security of any computer network, crack passwords or security encryption codes, disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the service.
- ADDITIONAL POLICIES AND TERMS
- Copyright and Trademark Disputes. You agree to follow our Infringement Policy in notifying us about copyright and trademark disputes concerning User Content. You agree we may forward any notification sent according to our Infringement Policy to the user who submitted the User Content at issue.
- Additional Terms. Your service use is subject to any additional terms, policies, rules, or guidelines we may post on or link to from the service (the “Additional Terms”). All such Additional Terms are now incorporated into and made a part of these Terms. The Business Terms below apply to you if you have a Business Account.
- SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that:
- Your Feedback does not contain any third-party confidential or proprietary information.
- We are under no obligation of confidentiality, express or implied, concerning the Feedback.
- We may have something similar to the Feedback already under consideration or in development.
- We have no obligation to review, consider, or implement the Feedback or to return you all or part of the Feedback.
- You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback. You irrevocably waive and cause to be waived against Locale.business and its users any claims and assertions of any moral rights contained in such Feedback.
- THIRD-PARTY CONTENT AND SERVICES
The service may host Third-Party Content or include links to other websites or applications (a “Third Party Service”). We do not control or endorse any Third Party Content or Third Party Service. You agree that we are not responsible for the availability, accuracy, or content of any such Third-Party Content or Third-Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk.Some of the services made available through the Service and Third-Party Services may be subject to additional third-party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including, without limitation, the ones posted. You must familiarize yourself with any such applicable third-party terms.
You agree to indemnify, defend, and hold harmless Locale.business, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “ng Entities”) from and against any third-party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to:
- Your access to or use of the service, including your content
- Your violation of the Terms.
- The breach of your representations and warranties provided under these Terms.
- Any products or services purchased or obtained by you in connection with the service.
- Any products or services purchased or obtained by you in connection with the service.
- The infringement by you, or any third party using your account, of any intellectual property or other rights of any person or entity. Locale.business reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and agree to cooperate with our defence of these claims. You agree not to settle any such case without the prior written consent of Locale.business. Locale.business will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE LOCALE.BUSINESS ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE, WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
- THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING OF THE LOCALE.BUSINESS ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD-PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR DISCRETION AND RISK. THE LOCALE.BUSINESS ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA OR THE SERVICE CONTENT. ACCORDINGLY, THE LOCALE.BUSINESS ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.
- THE LOCALE.BUSINESS ENTITIES MAKE NO CLAIMS OR PROMISES CONCERNING ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE OR THE SERVICE’S USERS. ACCORDINGLY, THE LOCALE.BUSINESS ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR DISCRETION AND RISK.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
- THE LOCALE.BUSINESS ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE LOCALE.BUSINESS ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS before THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
- THE LOCALE. BUSINESS ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LOCALE. BUSINESS ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY CONCERNING A CONSUMER ALERT POSTED ON ANY LOCALE.BUSINESS BUSINESS PAGES FOR YOUR BUSINESS. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 12 WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
- ARBITRATION, DISPUTES, AND CHOICE OF LAW
If you are a resident of Nigeria:
EXCEPT FOR EXCLUDED CLAIMS: ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND LOCALE.NG (“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND LOCALE.NG AGREE OTHERWISE; THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND LOCALE.NG EXPRESSLY WAIVE THE RIGHT TO TRIAL BY A JURY.
“Excluded Claims” means:
- Claims brought by you or Locale.business that could be brought in small claims court if permitted by the rules of that court, or
Excluded Claims and Claims that cannot be arbitrated must be brought to court. Nigerian law will govern these Terms (to the extent not pre-empted or inconsistent with federal law) and any such Excluded Claim or Claim that cannot be arbitrated, without regard to conflict of law provisions. You or Locale.business may seek relief in any small claims court of competent jurisdiction. All other Excluded Claims and Claims that cannot be arbitrated are subject to the exclusive jurisdiction. The exclusive venue of the state and federal courts located within Nigeria, and you consent to the personal jurisdiction of these courts to litigate any such Claim.
- The Nigerian Arbitration Association shall administer the arbitration following its Consumer Arbitration Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your claim.
- Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Locale.business will pay all filing, NAA, and arbitrator’s fees and expenses. We waive any right to seek an award of attorneys’ fees and costs concerning any non-frivolous arbitration between you and us.
- Suppose you are a resident of a country in the United States. In that case, American law will govern these Terms and any dispute that might arise between you and Locale.business.
- You agree that any subpoena, third-party discovery request, or other third-party process directed to Locale.business must issue from, or be domesticated by, the state or federal courts located within Abuja, Nigeria and you agree to submit to the jurisdiction of each of these courts for any related proceedings.
- You may terminate the Terms at any time by closing your account, discontinuing access to or using the service, and providing Locale.business with a notice of termination.
- We may close your account, suspend your ability to use certain portions of the service, terminate any license or permission granted hereunder, or ban you altogether from the service for any or no reason and without notice or liability. Any such action could prevent you from accessing your account, the Service, Your Content, Service Content, or any other related information.
- If any termination of these Terms, whether by you or us, Sections 1, 3, 5, 7–15 of the Terms of Service will continue in full force and effect.
- GENERAL TERMS
- We reserve the right to modify, update, or discontinue the service at our sole discretion, at any time, for any or no reason, and without notice or liability.
- Unless stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms contain the entire agreement between you and us regarding the use of the service and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- Any failure on Locale.business’ part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except according to a writing executed by Locale.business.
- Suppose an arbitrator or court of competent jurisdiction finds any provision of the Terms unenforceable or invalid. In that case, only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you except with Locale.business’ prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- You agree that no joint venture, partnership, employment, agency, a special or fiduciary relationship exists between you and Locale.business as a result of these Terms or your use of the service.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
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