These Terms of Use, together with our Privacy Policy and Acceptable Use Policy (“Terms”) contained herein on this webpage is a legal agreement between you (“you”, “User”) and BrandDrive Inc (“BrandDrive” “we”, “our” or “us”). These Terms govern your access to and use of our services which include the use of our platforms, web https://www.branddrive.co and mobile app (“Platform”). Note that these Terms apply to you whether you are only visiting the website or have registered to be a user of the services.
These Terms apply in full force and effect to your use of the services and by using the services, you expressly accept all terms and conditions contained herein in full and without limitation or qualification. We oblige you therefore to thoroughly read these Terms carefully before agreeing to be bound by them. You must not use the BrandDrive service/application if you have any objection to any of these Terms. By accessing the BrandDrive service/application, you acknowledge that you have read, understood, and have agreed to these Terms, including on behalf of any person or entity for whom you are using the BrandDrive service/application.
These Terms will be updated from time to time and we encourage you to check them regularly so that you stay updated and informed.
In any situation when you do not agree to any of these Terms, including any updates, then you must cease the use of the BrandDrive services.
In order to help you read and understand these Terms, we’ve set out definitions of some key terms below:
“Customer” means the person or entity who registers to use the BrandDrive Service by creating a BrandDrive account. If an individual creates an account on behalf of their employer, then the employer will be deemed to be the Customer and will be bound by these Terms.
“Authorised User” means any person or entity that a Customer authorises to use the BrandDrive Service on its behalf. This includes the Primary Admin (as nominated by the Customer) and other employees and personnel of the Customer who are Authorised to use BrandDrive on the Customer’s behalf and also includes support partners and other third parties with whom a Customer shares its BrandDrive account details (and for whose conduct the Customer is responsible).
“We” or “BrandDrive” means BrandDrive Inc and any of our related companies.
“BrandDrive Service” means BrandDrive’s invoicing, analytics, shop, point of sale and inventory management products and services and any features, technologies or functionality provided by those products or services, offered by us from time to time, including the BrandDrive Register and BrandDrive POS Apps and BrandDrive.co (“Website”).
The use of the BrandDrive Service will also be subject to any allowances and/or limits that apply to the BrandDrive subscription plan purchased.
“You”means the Customer and (where the context permits) includes any Authorised Users.
By signing on to use the Services, you are warranting that you are not a person barred from receiving the Services under the laws of the applicable jurisdiction. You also undertake and agree to provide us with information that is accurate, and not misrepresent your identity or your user information. You are only entitled to access and use the Services for lawful business purposes.
If you are agreeing to these Terms on behalf of an organisation or entity, you represent and warrant that you are authorised to agree to these Terms on that organisation or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organisation or entity).
Users from other countries are now eligible to subscribe and register for our Services. By accessing our services from a location outside of Nigeria, you agree to abide by all local laws and regulations.
BrandDrive reserves the right to investigate complaints or reported violations of the Terms of Service and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses, and traffic information.
Our Services are directed to people from the ages of 18 and above. You must be 18 years or older in order to access and use the BrandDrive. We do not knowingly engage people younger than the age of 18. If you are a parent or guardian, you become aware that your child or ward child has provided us with any information without your consent, please contact us through the details provided in these Terms.
To use our Services, you may be required and hereby undertake to voluntarily provide us with certain Personal Information. Personal Information refers to information relating to an identified person or information that can be used to identify you, (e.g., name, email address, telephone number). You agree to provide true, accurate, current and complete account information, and to maintain and promptly update your account information to ensure that it remains true, accurate, current and complete. We will use that information to contact you whenever the need arises (including by sending you notices as required by these Terms relating to, for example, suspension of your account or changes to your plan), so it is important that you keep all of your contact details, and those of your Primary Admin and other Authorised Users, up to date. In the event of any change to such information, it is your responsibility to inform BrandDrive of any changes to that information in writing, at least 7 (seven) days prior to the date on which such change shall take effect.
Provision of the services by us may be subject to terms contained in a Service Level Agreement and such terms shall supersede and replace the Terms, any and all prior oral or written understandings or agreements between BrandDrive and you regarding the same.
You will only use the Services in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorised to use the Service. We can’t and won’t be responsible for your use of the Service in any way that breaks the law.
Any information submitted to this Platform is treated solely in accordance with the Privacy Policy. We do not make any representations, warranties, or guarantees of any kind as to the completeness, adequacy, or currency of the information contained on its Platform. Use of the information on the Platform or materials linked from the Platform is at your own risk.
You agree to comply with our KYC (Know Your Customer) protocol. This includes providing your Bank Verification Number (BVN) and ensuring that your name is accurately verified. This information is crucial for identity verification and to maintain the security of your Account.
As part of our commitment to security and regulatory compliance, our KYB (Know Your Business) protocol requires the submission of your business registration number. This registration number will be used to create virtual wallets associated with your business account.
BrandDrive grants you a limited, non-exclusive, non-transferable, revocable licence to use our Platforms (subject to your account type) for the purposes of interfacing with Customer’s business and in accordance with these Terms. This licence grant includes all updates, upgrades, and replacement platforms for you to use in connection with our Services. The Services are protected by copyright, trademark, and other laws of both Nigeria and foreign countries. For emphasis, nothing in these Terms gives you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features without our consent. All rights, titles, and interests in and to the Services are and will remain our and/or licensors’ exclusive property. You also agree not to alter, re-design, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code that is derived from our Platform.
You are responsible for any conduct or activity undertaken in your account (whether online or by calling our contact centre), including any changes made, and the input or modification of or access to any data or information in your account, by any of your Authorised Users. In particular, our primary point of contact with you will be your nominated Primary Admin, who will be considered as Authorised by you to make changes, give instructions and receive notices on your behalf.
If you are an Authorised User using or accessing the BrandDrive services for the benefit of a Customer, then you are responsible for ensuring you have the right to do so from the relevant Customer (including all necessary authorisations to access, amend or remove data, or make changes to the Customer’s account); or if you are a Customer, then you are responsible for authorising use or access BrandDrive services by any Authorised User and will indemnify BrandDrive against any claims or loss relating to any Authorised User’s use of or access to your account.
We will have no responsibility to anyone other than the Customer, and BrandDrive. These Terms are intended solely for the benefit of the Customer and not for any Authorised User(s).
We can cancel or suspend your account at any given time on written notice to you. Such termination will be effective at the end of your then-current paid-up subscription period. We may also cancel or suspend your account immediately if, in our sole discretion:
You are entitled to cancel your account with BrandDrive at any time. You may cancel your account by following the prompts when you are logged into your account through the Apps or the Website. If you cancel your account before the end of your current paid up month or year, your cancellation will take effect immediately and you will not be entitled to any refund of Fees paid in advance (unless we agree otherwise).
If your account is cancelled, your account will be deactivated and all of your rights granted under these Terms will immediately come to an end (except to the extent that it is necessary for them to continue in respect of our ongoing storage of your data up to the date of permanent deletion).
We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is exported, backed up or replicated before cancellation.
The fees charged for the use of the BrandDrive services are set out on the Website (or as notified to you in the case of some exclusive plans) (“Fees”). You agree to pay all fees which apply to your use of the Services. We can change the Fees, and/or introduce new pricing packages and terms, at any time by giving you 30 days prior notice (by email to your Primary Admin or by displaying a message the next time you use the BrandDrive services).
The new Fees or pricing/package terms will apply to you from the expiry of that notice unless you choose to cancel your account before the changes take effect. Also, the new Fees will apply to you immediately if you choose to change your plan/package (or if you reactivate your plan after cancellation).
Fees are charged in advance on a monthly or annual basis and are non-refundable, including if you only use part of a month or year’s subscription for the BrandDrive services. If you do not want your subscription to renew at the end of your then-current paid-up subscription period, you must cancel your account before the end of your then-current paid-up subscription period. Unless required by law, we will not provide refunds in connection with the BrandDrive services. A valid credit card number is required for paying all Fees.
If you are carrying out a free trial of the BrandDrive services (as offered on the Website or the Apps), the free trial will begin on the day that your account is opened and end at the end of the published trial period. If you wish to continue to use the BrandDrive services at the end of the free trial period, you will need to provide valid credit card details (unless you choose to use any free BrandDrive services which we may offer from time to time). If you choose not to continue with the BrandDrive services, then your account (and all data associated with it) will be deleted after the end of your free trial.
Unless otherwise stated, Fees are exclusive of all taxes, and you are responsible for any taxes that may arise. You indemnify and hold BrandDrive harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.
If you are required to withhold or deduct tax from the Fees, you will pay BrandDrive such additional amounts as are necessary to ensure receipt of the full amount which would have been received but for the deduction.
If you are located outside of Nigeria, you can pay for your subscription using Stripe Integration and additional bank fees may apply at the discretion of your bank. Bank fees may be charged for currency conversion and international settlement, and your charge may still be subject to additional fees even if you are being charged by BrandDrive in your local currency. If your credit card statement charge differs from your BrandDrive invoice, please contact your bank in the first instance. BrandDrive is not liable for any additional bank transaction fees that may be charged.
You may request to open USD-denominated accounts. By doing so, you agree to comply with all applicable regulations governing the use of these accounts. We reserve the right to close accounts found to be in violation of these regulations.
Account upgrade and downgradeAccount upgrade and downgrade
You may upgrade or downgrade your account (for example, from Business Plan to Pro Plan, or from Business Plan to Startup Plan) at any time by following the prompts when you are logged into your account.
The upgrade or downgrade will become effective immediately. If you downgrade your account, no refunds will be paid in respect of any unused portion of any higher account offering. If you upgrade your account, the balance already paid for the rest of the term will be credited to your account. We will then immediately charge your credit card for any net amount due as a result of the upgrade and your account renewal date will be reset to the next available billing day.
Downgrading your account may cause the loss of content, features, or capacity of your account, and reduce the number of registers, users and/or transactions you can use or process. If you choose to downgrade your account, BrandDrive does not accept any liability for the resulting loss of data, content, features or capacity.
The BrandDrive Service is available in a range of packages/plans, giving you options including in relation to the number of business branches/outlets, registers and users you can have, the number and total value of transactions you can process on the BrandDrive Service and the features and services you have access to, and the Fee you pay, as described on our Platforms from time to time (or as notified to you, in the case of some exclusive plans).
We may update those plan limits at any time (e.g., by increasing, reducing or removing limits) by updating the plan descriptions on our Platforms (or as notified to you, in the case of some exclusive plans). You’ll be expected to comply with the updated plan limits from the next time you use the BrandDrive Service. You agree that we may use the information generated by your use of the Services (e.g., transaction volume and revenue) for the purposes of determining the most appropriate plan and pricing for you.
You may be asked to upgrade your BrandDrive account to a higher plan with higher limits when you get to those limited to your account.
User responsibility and legal compliance
The BrandDrive services are provided on an “as is” and “as available” basis, and your use of them is at your sole risk. In particular, it is your sole responsibility to ensure that your use of the BrandDrive services complies with any laws or regulations applicable to you and your business, and allows you to meet any legal obligations you might have. Such laws might include requirements regarding the retention or storage location of accounting, taxation and/or transaction records. We make no representation or warranty regarding your ability to comply with laws applicable to you when you use the BrandDrive Service.
We will try to promptly address (during normal business hours) all technical issues that arise in connection with the BrandDrive services.
Third-party involvement and limited liability
You acknowledge that Brandrive may use third-party suppliers to provide hardware, software, networking, connectivity, storage, and other technology in order to provide the BrandDrive services. The acts and omissions of those third-party suppliers may be outside of BrandDrive ‘s control, and BrandDrive does not accept any liability for any loss or damage suffered as a result of any act or omission of any third-party supplier, save as otherwise expressly set out in the Agreement or in writing between the parties.
On behalf of itself and such third-party suppliers, BrandDrive excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.
The Platform may contain links to third-party websites or resources. You acknowledge and agree that BrandDrive is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BrandDrive of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
You agree to use the BrandDrive services in a reasonable way (including, to avoid doubt, if you have subscribed for an ‘unlimited’ account). If we determine that your use of the BrandDrive services is not reasonable or that your use is causing degraded performance of the BrandDrive services for you or for other Users, we may impose limits on your use of the BrandDrive services. Where possible, we will endeavour to give you at least 24 hours prior notice and request that your usage is reduced before imposing any limits.
Limits on your use of the BrandDrive services may include (but are not limited to) the quantities and volumes of the following parameters, per retailer:
We also reserve the right to suspend or restrict your account or your use of the BrandDrive Services or disable any third-party integrations you have, where we believe that your use isn’t fair or reasonable or that it may cause degradation of the BrandDrive services to other users. This includes circumstances where your use (or integration of your account with a third-party) is creating a security or availability risk for BrandDrive or our other customers, is impacting (or may impact) the stability or performance of our services, or is requiring disproportionate resource to deliver (e.g., in terms of storage or processing requirements, support requests or helpdesk queries).
Unless otherwise stated, you agree that BrandDrive owns all of the intellectual property rights on our Platforms. All text, formatting (including without limitation the arrangement of materials on our website and app and the graphics, animation, tools, commercials, music, video, articles, sound, copy, trade names, logos, and other materials and information on the website and app are subject to our intellectual property rights. We do not grant you any right, licence, title, or interest to any of our intellectual property rights that you may or may not have access to.
This content may not be copied, reverse engineered, decompiled, disassembled, modified, or reposted to other Platforms. Nothing on our Platform should be construed as granting by implication or otherwise, any licence or right to use any trademark displayed on our website or Platforms without our written permission or that of such third party that may own the trademark. You agree to take such actions including executing all documents that may be needed to further affirm our intellectual property rights.
You grant BrandDrive a royalty-free, irrevocable, perpetual licence to use for our business purposes (including for product improvement, research and development, data analytics and other legitimate commercial purposes) information and/or data collected by BrandDrive through your use of the BrandDrive services (provided that we aggregate or anonymise any information or data which you have submitted or inputted into the Services that we process on your behalf). Other than this right, BrandDrive claims no intellectual property rights in relation to the information or content you input into the BrandDrive services.
You may provide us with comments, feedback or suggestions on BrandDrive services, and you agree that we will be free to use, modify and incorporate such suggestions without any obligation to you.
WE TRY TO KEEP OUR WEBSITE AND SERVICES AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK. WE PROVIDE THE WEBSITE AND THE CONTENT “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND (INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT OUR WEBSITE, PLATFORM, PRODUCTS, AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE 100% FRAUD OR FAIL PROOF, REMAIN FREE FROM ANY INTERRUPTION, BUGS, INACCURACIES, AND ERROR-FREE. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE THAT RESULTS IN THE LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM OUR WEBSITE, PLATFORM, OR OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED. WE WARRANT THAT WE SHALL USE OUR BEST ENDEAVOURS TO ENSURE THAT THE SERVICE OPERATES OPTIMALLY AT ALL TIMES IN ACCORDANCE WITH BEST INDUSTRY STANDARDS.
To the maximum extent permitted by law, BrandDrive shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, business, goodwill, use, data or other intangible losses (even if BrandDrive has been advised of the possibility of such damages), resulting from:
Whether such damages are based on warranty, tort, contract, statute or any other legal theory In any case, BrandDrive ‘s maximum aggregate liability under or in connection with these Terms or your use of the BrandDrive services is limited to the amount of Fees paid by you in the past 12 months.
You are responsible for all activity that results from use of the BrandDrive services through your account. You are responsible for maintaining the security of your account and password. BrandDrive will not be liable for any loss or damage that may result from any failure to keep Usernames and passwords secure.
You agree to release, indemnify, defend and hold harmless BrandDrive, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers, and suppliers against all forms of losses, liability, actions, proceedings, demands, costs, charges and expenses, including reasonable attorney fees and court costs due to or arising out of or in any way related to:
You shall cooperate as fully as reasonably required in the defence of any such claim. BrandDrive reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of BrandDrive. For the avoidance of doubt, this indemnification, defence and hold harmless obligation will survive these Terms of Service and the termination of your use of the Services.
We will maintain appropriate technical and organisational measures to protect the security of the data or content that you input into the BrandDrive services.
You are responsible for complying with all applicable data protection laws in respect of your use of the BrandDrive services and with regard to any instructions you issue to BrandDrive with regard to the processing of personal data you provide to BrandDrive through the Services. In particular, you must ensure you have properly informed and obtained all necessary rights, authorizations or consents from any end-users, consumers, personnel or other individuals to whom the data relates, to enable BrandDrive to lawfully access their personal data under these Terms and to process their personal data outside of their country of residence.
You shall not provide (nor permit any User to provide) any Sensitive Data to BrandDrive. For the purpose of these Terms, “Sensitive Data” shall mean data revealing a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetics, biometrics, health data, data about sex life or sexual orientation, or data about criminal convictions and offences.
If you are in the European Union and your use of the BrandDrive services requires us to process personal data falling within the scope of the EU General Data Protection Regulation 2016/679, then you can download and execute our Data Processing Addendum (“DPA”). Once executed, the DPA shall apply to processing of such personal data and shall hereby be incorporated by reference.
Third-Party Integration Partners
You acknowledge that in the provision of certain optional features and services, BrandDrive, on receipt of instructions from you, may be required to transfer certain data held in your BrandDrive account to, and otherwise interact with, third-party partners who provide services that you have elected to integrate with the BrandDrive services (“third-party Integration Partners”).
You agree that if and to the extent such data transfer occurs, it is on your express election and instruction by virtue of you agreeing to use the third-party Integration Partner’s services. You are solely responsible for compliance with all applicable laws (including applicable data protection laws) in respect of the transfer of the data by BrandDrive to the third-party Integration Partner, and for entering into separate contractual agreements with the third-party Integration Partner.
BrandDrive is in no way liable for the provision of the services or the handling and processing of any data by the third-party Integration Partner. For the avoidance of doubt, such third parties are not BrandDrive ‘s sub-processors for data protection purposes.
On expiry or termination of these Terms, or upon cancellation of your account, the data submitted by you to the BrandDrive services will be deleted after 180 days, unless applicable laws or regulations require BrandDrive to retain the data for a longer period. To the extent that we continue to hold the data, it shall be securely isolated and protected from further processing except to the extent required by applicable law.
Under no circumstances shall we be held liable for any delay or failure or disruption of the Service delivered through our Platforms resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
BREACHES OF THESE TERM NOTICES
Without prejudice to other rights accruable to us under these Terms, any breach of these Terms will warrant our institution of such measures that we deem appropriate to deal with the breach, which may include but shall not be limited to suspending or prohibiting your access to and/or use of our Platforms, blocking computers using your IP address from accessing our Platforms, contacting your internet service provider to request that they block your access to our Platforms and/or bringing court proceedings against you.
UPDATES, MODIFICATION, AND AMENDMENTS
We reserve the sole right to update, modify, change or revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will always be on this page and will continue to govern our relationship with you. We advise that you check this page often, referring to the date of the last modification on the page. We will also try to notify you of any material changes which could be done via the email associated with your Account or Service notification. By continuing to use our Service after the changes become effective, you agree to be bound by the revised Terms.
From time to time, we may add, make changes to or remove altogether features or functionality of the BrandDrive services. If you’re using an App, you may need to install a new or updated version before you can receive the benefit of those changes. We may also decide to cease providing all or some of the BrandDrive services at any time, and nothing in these Terms is to be taken as a guarantee that the Apps or any BrandDrive services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the BrandDrive services, or the Apps or any version of them.
All legal notices or demands to or upon us shall be made in writing and sent to us personally, by courier, certified mail, to our registered address on our website and our contact e-mail in the “Get in Touch” clause below. All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, or email to the last-known correspondence, fax or email address provided by the User. You agree that all agreements, notices, demands, disclosures, and other communications that we send to you electronically satisfy the legal requirement that such communication should be in writing.
These Terms are intended to govern the agreement between BrandDrive and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
This section contains a binding arbitration clause. They affect each party's rights concerning the resolution of any dispute (Defined below) between the parties. This Dispute Resolution section applies to general disputes between you and BrandDrive. Any dispute with regard to a BrandDrive transaction shall be governed by the specific document governing the BrandDrive transaction.
To expedite resolution and the cost of any dispute, controversy, or claim between you and us related to any dispute or controversy arising from or relating to your use or inability to use the Services and generally with respect to BrandDrive, this Agreement or the enforcement of any provision of this Agreement (a “Dispute”), you and we agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon receipt of a written notice (each, a “Notice”). Your address for such Notices is your most recent address provided to us in connection with your Account, or an email to the email address you have provided in your Account. Any Notice from you must include your name, pertinent Account information, a brief description of the Dispute, and your contact information, so that we may evaluate the Dispute and attempt to informally resolve Dispute. Any Notice from us will include pertinent Account information, a brief description of the Dispute, and our contact information, so that you may evaluate the Dispute and attempt to informally resolve the Dispute. If the informal negotiations are successful, no further action is necessary.
IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, THE PARTIES AGREE THAT EITHER YOU OR WE MAY ELECT TO HAVE THE DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY EXCLUDED BELOW) FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER. The arbitration will be commenced and conducted under the Arbitration and Conciliation Act's Arbitration Act and Rules. You will be responsible for your arbitration fees and your share of arbitrator compensation. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and we may litigate in court to compel arbitration, stay proceeding pending arbitration or confirm, modify, vacate or enter judgement on the award entered by the arbitrator.
The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
The parties agree that any arbitration will be limited to the Dispute between us and you individually. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILISE CLASS-ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
The arbitration will take place in Lagos, Nigeria. The parties agree that for any dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, courts of the Federal Republic of Nigeria shall have exclusive jurisdiction and the parties agree to submit to the venue of the personal jurisdiction of such courts.
These Terms constitute the entire and exclusive understanding and agreement between BrandDrive and you regarding the Site, Services, Collective Content, and any Appointments or Adverts made via the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between BrandDrive and you regarding the same.
APPLICABLE LAW AND JURISDICTION
Except as expressly provided otherwise, this Agreement is governed by and will be construed under, the laws of the Federal Republic of Nigeria.
Additional Terms For Apple App Store And Android Play Store Downloads
If you have downloaded an App from the Apple App Store and/or Android Play Store, the following additional terms and conditions apply:
These Terms are solely between you and BrandDrive, and not with Apple or Android. We (and not Apple) are solely responsible for the App and its content (subject to these Terms). You acknowledge that neither Apple nor Android has any obligation to furnish any maintenance or support services to you in connection with the App.
In the event of any failure of the App to conform to any warranty that might be contained or implied in these Terms, you may notify Apple, and Apple will refund the purchase price (if any) for the App the same applies to Android. Except for the foregoing, to the maximum extent permitted by applicable law, Apple and Android will have no other warranty obligation whatsoever with respect to the App.
Any claim in connection with the App related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation, or intellectual property infringement are governed by these Terms, and Apple or Android is not responsible for such claims.
You must comply with the App Store and Android Play Store Terms of Use, including the Usage Rules.
Apple, Android, and their subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of them, both Apple and Android will have the right to enforce these Terms against you.
This terms of use and service is effective from January, 2021.
Last Updated: December 2024.
