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TERMS AND CONDITIONS
Gloomme by IPI is an online platform that allows registered users of the platform to conclude online transactions for products and or services through efficient features which enables tracking of products and services, payment in milestone, wallet system for fostering satisfactory services, language change, countdown, two chat windows, ratings, feeds e.t.c.
The Gloomme platform (the platform, platform) and the contents are the property of Gloomme Business Connections Ltd and its affiliates.
Gloomme Business Connections Ltd retains ownership of Gloomme applications (platform), designs, logos to the exclusion of any other. Gloomme trademarks, service marks, logos, domain names, and any other features of the Gloomme Platform are the sole property of Gloomme. Usage of the platform does not grant you any right(s) to use the Gloomme trademarks, service marks, trade names, logos, domain names, or any other features of the Gloomme brand, whether for commercial or non-commercial use.
You agree to abide by the Terms and condition and not to use the platform (including but not limited to its content) in any manner not expressly permitted by the terms or involve in acts or omissions contrary to the governing laws of the country .
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
DEFINATION OF TERMS
Platform users need to register on the platform to be able to use the application either as a seller, buyer or both. In the process of registration, data and information are collected by Gloomme. Information collected is held in compliance with the provisions of the Nigeria Data Protection Regulation. Gloomme reserves the right terminate or refuse the access of a user on the platform. Gloomme reserves the rights to verify certain users.
The user agrees to provide only accurate and current information.
ACCOUNT AND REGISTRATION OBLIGATIONS FOR USERS
Gloomme shall maintain the confidentiality of User ID password and any other credential set out to be confidential as may be required by the application platform.
Gloomme shall not disclose the confidential information provided by the user to any other party except its affiliates, and or to other relevant authority for security purpose. Certain information obtained like usernames, comments, ratings, feeds displayed pictures etc is displayed to the public.
User generated content
Users may post, upload and/or contribute (“post”) content to the Service, including pictures, text and playlist compilations (“User Content”). You represent that you have the right to post any User Content that is not in violation of the laws of the country or offensiveand that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with Gloomme. This will also be binding after deactivation of your Gloomme account.
When You use the platform or send emails or other data, information or communication to Gloomme, you agree and understand that You are communicating with Gloomme through electronic records and You consent to receive communications via electronic records from Gloomme periodically. Gloomme may communicate with You by email or by such other mode of communication, electronic or otherwise.
Membership on Gloomme is free. However there are charges for transactions rendered by users.Gloomme may at its sole discretion introduce and or modify some or all the existing transaction charges. In such an event Gloomme reserves, without notice to You, the right to introduce fees for the new transaction offered or amend/introduce fees for existing Gloomme platform. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Gloomme. Unless otherwise stated, all fees shall be quoted in Nigerian Naira. You shall be solely responsible for compliance to all applicable laws in the Federal Republic of Nigeria for making payments.
Use of Gloomme Platform
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM.
Use of your information
Your information will enable us to provide you with access to the relevant parts of the Platform and to supply the Gloomme platform you have requested. It will also enable us to contact you when necessary concerning our Gloomme platform. We will also use and analyses the information we collect so that we can administer, support, improve and develop the platform for any other purpose whether statistical or analytical and to help us prevent fraud. We may use your information to contact you for your views on Gloomme and to notify you occasionally about important changes or developments to the Platform. Where you have indicated accordingly, you agree that we may use your information to let you know about our other products that may be of interest to you including Gloomme platform that may be the subject of direct marketing and we may contact you to do so by post, telephone, mobile messaging (e.g. SMS, MMS etc.) as well as by e-mail.
The use of your Personal Information may include the following:
(a) to deliver the services you initiated on the platform
(b) to confirm your identity; and
(c) for direct marketing purposes.
Disclosure of your information
Security and data retention
We take steps to protect your information from unauthorized access and against unlawful processing, your user password allows you to access certain parts of the Platform, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Platform; any transmission is at your own risk. Gloomme will not be held responsible for any or all damage occurring as result of this. By using our Gloomme platform and providing Personal Information, you are accepting these risks and hereby indemnifying Gloomme for any/all liability arising from the use of the Gloomme platform. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access. Data collected are done in line with the Nigerian Data Protection Regulation, 2019.
The Gloomme platform enable users to offer, request for services and products, make and receive payments.
FEATURES OF THE PLATFORM
Post a request
Order an offer
Create an offer
Audio and video call
Two chat windows
Rating and comments
TERMS OF ENGAGEMENT
The buyer (Service/ Product requester) hereby engages the Selected Seller (Service professional) to perform the services in accordance with the agreement of the users.
The Selected Seller shall perform the Booked Gloomme platform in accordance with the Booking Request and any instructions from the buyer to ensure that the results of the Booked Gloomme platform are satisfactory to the buyer.
Users make payment on the wallet feature of the platform via online transaction, online transactions for recharging of the wallet and or transfer of money from the wallet is done by a third party payment gateway (inter switch) or any other payment gateway.
DISCLAIMER: Gloomme will not be liable to any extent whatsoever for any loss, inadequacy or damages that resulted from any transaction in the course of using the payment gateway and or the platform.
Gloomme does not have control over the payment gateway or the issuing bank of the user. In a situation where the user has any complaint from the use of the payment gateway. The user’s bank and or the payment gatewayshould be contacted by the user. Gloomme may only assist users through link for complaint assisting in trouble shooting to the gateway provider.
The processing for request of payment will take a period not less than 24 hours.
Payment for services can be made in milestones as agreed upon by the users.
Refusal or Cancellation of Transactions
Gloomme reserves the right, at our sole discretion, to refuse or cancel any Online Transaction for any reason without any liability for any losses or damages arising out of or in connection with such refusal or cancellation. Some situations that may result in an Online Transaction being rejected or canceled include where problems are identified by our credit and fraud control department, where Gloomme has reason to believe the Online Transaction is unauthorized, violates any law, rule or regulations or may otherwise subject Gloomme or any of our affiliates to liability. Gloomme may also require additional verifications or information for any Online Transaction, and you agree to provide such verifications and information to Gloomme upon request.
OBLIGATIONS OF THE SELLER
Performance of Booked Gloomme platform. In providing the Booked Gloomme platform to the Service/ Product requester, the Selected Service professional shall:
(a) Complete the Booked Gloomme platform diligently with reasonable care and skill;
(b) Take all reasonable steps to avoid any loss and/or damage to the property of the Service requester;
(c) Complete the Booked Gloomme platform to the best of its ability and in accordance with Industry Standard as agreed by the parties.
(d) Utilize the Booked Service Duration to the best of their ability to efficiently and effectively achieve the desired result of the Service requester as much as possible, and
(e) Deliver the service/ products in accordance with the Booking Request.
(f) All Information provided by the seller on the platform MUST be true, correct and accurate.
Data Protection and Privacy Role of Sellers:
Sellers acknowledge that they have their own data protection and privacy compliance responsibilities with respect to personal information of Buyers or other individuals that the Seller processes. Sellers represent and warrant, and undertake to ensure, that in relation to such personal information they are and will be fully compliant with all applicable data protection and privacy laws, including without limitation maintaining their own records of such personal information independently of the platform (to the extent required under applicable laws), complying with direct marketing laws, and responding to requests by individuals to exercise their rights under such laws. Neither Gloomme nor any of its affiliates is responsible or liable for a Seller's fulfilment of their obligations under applicable data protection and privacy laws. For the avoidance of doubt, in relation to such personal information the liability and obligations of Gloomme and its affiliates under applicable data protection and privacy laws are entirely independent of and separate from the liability and obligations of Sellers under such laws. Gloomme shall have no liability to any Sellers for the compliance, by Gloomme or its affiliates, with its or their own obligations under applicable data protection or privacy laws, including without limitation in relation to the exercise by Buyers or other individuals of their rights regarding their personal information processed in connection with any services and products provided by Gloomme.
OBLIGATIONS OF THE BUYER
The buyer shall ensure the Selected Service professional is able to perform the Booked Gloomme platform in accordance with the Booking Request and is not hindered from doing so by anything directly within the control of the Service requester.
The buyer ensures he/she is present in the property if need be at the date and time booked to allow the Seller to complete the Booked Request.
All Information provided by the buyer on the platform MUST be true, correct and accurate.
It is the duty of the buyer to verify that the services rendered and or product received from the Seller/ service provider is of the same as booked on the platform.
All amounts payable pursuant to this Agreement are expressed in, and shall be paid in Naira, the legal currency of the Federal Republic of Nigeria
You may not:
(i) remove any copyright, trademark or other proprietary notices from any portion of the Gloomme platform;
(ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Gloomme platform except as expressly permitted by Gloomme;
(iii) decompile, reverse engineer or disassemble the Gloomme platform except as may be permitted by applicable law;
(iv) link to, mirror or frame any portion of the Gloomme platform;
(v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Gloomme platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Gloomme platform; or
(vi) attempt to gain unauthorized access to or impair any aspect of the Gloomme platform or its related systems or networks.
(vii) Use Gloomme Platform for any illegal purpose.
You agree that Gloomme may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a Gloomme account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or Gloomme platform.
You are responsible for obtaining the data network access necessary to use the Gloomme platform. Your mobile network's data and messaging rates and fees may apply if you access or use the Gloomme platform from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Gloomme platform and Applications and any updates thereto. Gloomme does not guarantee that the Gloomme platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Gloomme platform may be subject to malfunctions, loss of data and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Gloomme platform may result in charges to you for the Gloomme platform or goods you receive ("Charges"). Gloomme will receive and/or enable your payment of the applicable Charges for Gloomme platform or goods obtained through your use of the Gloomme platform. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges
You expressly agree that your use of the platform is at your sole risk.
To the full extent permissible by law, Gloomme disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Gloomme does not warrant that the services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the platform, Gloomme's servers or electronic communications sent from Gloomme are free of viruses or other harmful components. To the full extent permissible by law, Gloomme will not be liable for any damages of any kind arising from the use of the platform or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through Gloomme, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY GLOOMME PLATFORM OBTAINED THROUGH THE GLOOMME PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY GLOOMME PLATFORM OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GLOOMME NOR ANY PERSON ASSOCIATED WITH GLOMME MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE AND OR PRODUCTS. AS SUCH GLOOMME SHALL NOT BE HELD RESPONSIBLE FOR THE ACT(S) OR OMMISSION OF USERS OR SERVICE PROFESSIONALS UNDER THE GLOOMME PLATFORM
IN NO EVENT WILL GLOOMME, ITS AFFILIATES OR THEIR LICENSORS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE GLOOMME PLATFORM,GLOOMME PLATFORM, ANY GLOOMME PLATFORMS LINKED TO IT, ANY CONTENT ON THE GLOOMME PLATFORM OR SUCH OTHER GLOOMME PLATFORMS OR ANY GLOOMME PLATFORM OR ITEMS OBTAINED THROUGH THE GLOOMME PLATFORM OR SUCH OTHER GLOOMME PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Services rendered by Seller pursuant to this Agreement are fully and entirely Seller’s responsibility solely. Gloomme SHALL not be responsible or liable for the actions or inactions of users or other third party in relation to the Services provided through the use of the platform therefore, that by using the Gloomme Platform, Service/ product requester uses the Gloomme Platform at his/her own risk and as such Gloomme shall not be sued in respect to liabilities, actions and in actions of the service professional.
Gloomme Platform MAY provide information available based on the information provided to the platform by the user only at the request of the police, other law enforcement agency or authority that has such power. As such shall not be partially or and in its totality be liable for any and or all acts or and omission of the user.
Under no circumstances shall Gloomme and our affiliates and agents be held liable for any delay or failure or disruption of the Transaction Services resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, acts of God, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labor or materials, terrorism, war, governmental actions, orders of domestic or foreign courts or tribunals.
Except as explicitly stated otherwise, legal notices shall be served on by sending notices to the email address in your latest membership profile on the Sites. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notices by mail to the address in your latest membership profile in which case the notice shall be deemed given 24 hours after the date of mailing.
Except as explicitly stated otherwise, legal notices shall be served on Gloomme at her registered office address.
Disputes between Buyers and Sellers.
You agree that any Dispute arising between you and the other party to an Online Transaction will be handled in accordance with clause 10, and that Gloomme shall have the full right and power to make a determination for such Dispute or to delegate or sub-contract such power to another party. Upon receipt of a Dispute, Gloomme shall have the right to request either or both of Buyer and Seller to provide supporting documents. You agree that Gloomme shall have the absolute discretion to reject or receive any supporting document. You also acknowledge that Gloomme is not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person. Further, we do not warrant that the supporting documents that the parties to the Dispute submit will be true, complete or accurate. You agree not to hold Gloomme and our affiliates liable for any material which is untrue or misleading. You agree to release and indemnify Gloomme (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute.
DISPUTE BETWEEN GLOOMME AND USERS
In case a Dispute arises between you and Gloomme, if the Dispute is not resolved between you and Gloomme by amicable negotiations and except as otherwise stipulated under applicable law, you and Gloomme agree that the Dispute shall be finally resolved by arbitration. Any dispute against Gloomme must be brought to the notice of Gloomme within 30 days from the date of the dispute or else the dispute shall be deemed abandoned and unenforceable.
THE FEES FOR ARBITRATION SHALL NOT BE BORE BY GLOOMME.
GOVERNING LAW AND JURISDICTION
This Agreement shall be interpreted in accordance with the laws of the Federal Republic of Nigeria Any dispute arising from or in connection with this Agreement, including any issues concerning responsibility, liability or limitations of liability, shall be determined in accordance with the Arbitration Act of the Federal Republic of Nigeria.
BY CHECKING THE BOX STATING I AGREE TO THE SERVICE PROFESSIONAL AGREEMENT AND OR SUBSCRIBING TO THIS PLATFORM. YOU HEREBY AGREE TO THIS SERVICE PROFESSIONAL AGREEMENT.
You understand that your electronic signature is as legally binding as a handwritten signature.