Please read this agreement carefully, as it contains important information regarding your legal rights and remedies..
Last Revised: 2023
1. OVERVIEW
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between webmessage.org private company, registered address N0 8 Olasuru Street Sangotedo, Lekki Express way, Lagos Nigeria. webmessage and you, made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies, including Privacy Policy and the applicable product agreements, which are incorporated herein by reference:
The terms “we”, “us” or “our” shall refer to webmessage. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. webmessage may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, webmessage may or not occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. webmessage assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
2. ELIGIBILITY; AUTHORITY
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of webmessage or other applicable jurisdiction. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, webmessage finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. webmessage shall not be liable for any loss or damage resulting from webmessage reliance on any instruction, notice, document or communication reasonably believed by webmessage to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, webmessage reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
3. ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to webmessage that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If webmessage has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, webmessage reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below). For security purposes, webmessage recommends that you change your password at least once every six (6) months for each Account. You must notify webmessage immediately of any breach of security or unauthorized use of your Account. webmessage will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss webmessage or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
4. AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. From time to time, webmessage may offer new Services (limited preview services or new features to existing Services) in a per-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Trial Services”. If you elect to use any Trial Services, then your use of the Trial Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Trial Services are per-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Trial Services may expose you to unusual risks of operational failures; (iii) The Trial Services are provided AS-IS, so we do not recommend using them in production or mission critical environments; (iv) webmessage reserves the right to modify, change, or discontinue any aspect of the Trial Services at any time; (v) Commercially released versions of the Trial Services may change substantially, and programs that use or run with the Trial Services may not work with the commercially released versions or subsequent releases; (vi) webmessage may limit availability of customer service support time dedicated to support of the Trial Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Trial Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Trial Services shall be owned exclusively by webmessage; (viii) You acknowledge and agree that all information regarding your use of the Trial Services, including your experience with and opinions regarding the Trial Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to webmessage; (ix) The Trial Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, webmessage disclaims any and all warranties, statutory, express or implied, with respect to the Trial Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with webmessage. You acknowledge and agree that the Services may be provided by independent contractors or third-party service providers. All paid support services are non-refundable.
5. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
3. You will not use this Site or the Services in a manner (as determined by webmessage in its sole and absolute discretion) that:
4. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by webmessage.
5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
6. You will not access webmessage Content (as defined below) or User Content through any technology or means other than through this Site itself, or as webmessage may designate.
7. You agree to back-up all of your User Content so that you can access and use it when needed. webmessage does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
8. You will not re-sell or provide the Services for a commercial purpose, including any of webmessage related technologies, without webmessage express prior written consent.
9. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
10. You are aware that webmessage may from time-to-time call you about your account. You will be informed about such recording, purposes thereof, as well as any other information will be provided to you as required by applicable law. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding, in which webmessage is a party.
webmessage reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
6. USE OF OUR CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section apply specifically to your use of webmessage Content and User Content posted to webmessages corporate websites (i.e., those sites which webmessage directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites. webmessage Content. Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“webmessage Content”), are owned by or licensed to webmessage in perpetuity, and are subject to copyright, trademark, and/or patent protection in the Cyprus and foreign countries, and other intellectual property rights under Cyprus and foreign laws. webmessage Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of webmessage. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. webmessage reserves all rights not expressly granted in and to the webmessage Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to webmessage that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any webmessage Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the webmessage Content or the User Content therein.
7. WEBMESSAGE USE OF USER CONTENT
The provisions in this Section apply specifically to webmessage use of User Content posted to webmessages corporate websites (i.e., those sites which webmessage directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree that:
1. Your User Submissions are entirely voluntary.
2. Your User Submissions do not establish a confidential relationship or obligate webmessage to treat your User Submissions as confidential or secret.
3. webmessage has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
4. webmessage may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
webmessage shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
With Respect to User Content (Other Than User Submissions).
If you have a website or other content hosted by webmessage, you shall retain all of your ownership or licensed rights in User Content.
By posting or publishing User Content to this Site or through the Services, you authorize webmessage to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant webmessage a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and webmessage (and Company’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that webmessage may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, webmessage shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or its affiliates’) business(es).
8. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
webmessage generally does not pre-screen User Content (whether posted to a website hosted by webmessage or posted to this Site). However, webmessage reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. webmessage may remove any item of User Content (whether posted to a website hosted by webmessage or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by webmessage in its sole and absolute discretion), at any time and without prior notice. webmessage may also terminate a User’s access to this Site or the Services found at this Site if webmessage has reason to believe the User is a repeat offender. If webmessage terminates your access to this Site or the Services found at this Site, webmessage may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
9. ADDITIONAL RESERVATION OF RIGHTS
webmessage expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by webmessage in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by webmessage in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of webmessage, its officers, directors, employees and agents, as well as webmessage affiliates, including, but not limited to, instances where you have sued or threatened to sue webmessage.
webmessage expressly reserves the right to terminate, without notice to you, any and all Services where, in webmessage sole discretion, you are harassing or threatening webmessage and/or any of webmessge employees.
webmessage expressly reserves the right to access, edit, and (or) in any other way modify your Account and (or) Services, including but not limited to, User Submissions and User Content, in order to assist you when you reach out to the Customer Service via live chat, email or ticketing system or any other way described in Customer Service Policy. webmessage shall not be liable for any loss or damage resulting from such actions.
10. NO SPAM; LIQUIDATED DAMAGES
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services until customer responds. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email support@webmessage.org
Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
11. TRADEMARK AND/OR COPYRIGHT CLAIMS
webmessage supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to webmessage Trademark and/or Copyright Infringement Policy referenced above and available here.
12. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by webmessage. webmessage assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, webmesage does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release webmessage from any and all liability arising from your use of any third-party website. Accordingly, webmessage encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
13. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. WEBMESSAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WEBMESSAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND WEBMESSAGE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY WEBMESSAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL WEBMESSAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WEBMESSAGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall webmessage be in depth with you or owe you many thing.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
15. INDEMNITY
You agree to protect, defend, indemnify and hold harmless webmessage and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by webmessage directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
16. DISCONTINUED SERVICES; END OF LIFE POLICY
webmessage reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although webmessage makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, that product or service will no longer be supported by webmessage, in any way, effective on the EOL date.
Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, webmessage will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by webmessage in its sole and absolute discretion. Webmessage may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
No Liability. webmessage will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
17. FEES AND PAYMENTS
You agree that your Payment Method may be charged by one of our affiliated entities, Flutterwave or any chosen by webmessage.
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
If you use automatic payments, you will always need to have one payment method that’s designated as a primary. You can also add a backup payment method to your account that will be used if your primary payment method does not work for some reason. In case your primary method does not work, we will automatically charge your costs to your backup payment method in order to ensure that your Services keep running.
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. webmessage expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) by using PayPal (as defined below), or (iii) via in-store credit balances, if applicable (and as defined below), each a “Payment Method”. For Services that offer “Express Checkout”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer. webmessage also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method. For the avoidance of doubt, any and all refunds processed via the issuance of in-store credits are solely within webmessage discretion and are not available at customer request. In order to ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option. The automatic renewal option automatically renews the applicable Service for a renewal period equal in time to the most recent service period, except for domain names which will renew for the original service period. For example, for products other than domains, if your last service period is for one year, your renewal period will be for one year. While the details of the automatic renewal option vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you disable the automatic renewal option, webmessage will automatically renew the applicable Service when it comes up for renewal and will take payment from the Payment Method you have on file with webmessage at our then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. In order to see the renewal settings applicable to you and your Services, simply log into your members area and find the respective account. You may enable or disable the automatic renewal option at any time. However, should you elect to disable the automatic renewal option and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services, and webmessage shall not be liable to you or any third party regarding the same. In addition, webmessage may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation). webmessage makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and webmessage shall not be liable to you or any third party regarding the same. If for any reason webmessage is unable to charge your Payment Method for the full amount owed for the Services provided, or if webmessage receives notification of a charge back, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that webmessage may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. webmessage also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks webmessage may perform outside the normal scope of its Services, (ii) additional time and/or costs webmessage may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by webmessage in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by webmessage staff or by outside firms retained by webmessage; (iii) recouping any and all costs and fees, including the cost of Services, incurred by webmessage as the results of charge backs or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with webmessage. webmessage may offer product-level pricing in various currencies. (“Supported Currency” or “Supported Currencies”). If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank. In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and webmessage makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing).
18. Refund Policy: Products and Services are not yet available for refund to you back account. But webmessage can issue a credit refund to your account were applicable. Domain registration are not refundable but hosting plans are only refundable within 7days of purchase.
19. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
20. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
20. COMPLIANCE WITH LOCAL LAWS
webmessage makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
21. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
22. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
Webmessage Organization
BN 3042614
No 9 Abeo Street Surulere, Lagos Nigeria.
Last Revised: 2023
1. INTRODUCTION
Webmessage company, legal address,No 8 Olasuru street sangotedo Lekki -Express way Lagos, Nigeria. (“webmessage“), provides you web-hosting, domain name registration, and related products and service.
webmessage seeks to ensure the highest level of data privacy when offering its variety of quality products and services to webmessage customers and subscribers (“Subscribers“) (collectively, “You”, or “Users“).
At webmessage, the privacy and security of our Users is of paramount importance. webmessage is committed to protecting the data you share with us.
When this Policy mentions “webmessage“, “we,” “us“, or “our“, it refers to webmessage that is responsible for protection of your personal information in line with this Privacy Policy (“Data Controller“).
This Privacy Policy (“Policy“) explains how webmessage processes information that can be used to directly or indirectly identify an individual (“Personal Data“) collected on our Site, our services (“Service”), forums and our mobile applications (“Platform“).
For any questions regarding this Policy or any requests regarding the processing of personal data, please contact us at support@webmessage.com
2. GENERAL PRINCIPLES. CONFIDENTIALITY
webmessage shall process all Personal Data adhering to the general data processing principles:
All and any information stored on webmessage Platform is treated as strictly confidential. All information is stored securely and is accessed by qualified and authorized personnel only.
3. INFORMATION WE COLLECT
3.1. Information You provide to us.
Information that is necessary for the use of the webmessage Platform
We ask for and collect the following personal information about you when you use the webmessage Platform. This information is necessary for the adequate performance of the contractual arrangement which is in place between you and us and to allow us to comply with our legal obligations. Failing to provide any of this data or decision to delete or object to the processing of any of such data may result in de-activation of your webmessage Account.
You may also choose to provide us information when you fill in a form, conduct a search, update or add information to your webmessage Account, respond to surveys, post to community forums, participate in promotions, or use other features of the webmessage Platform. We advise against posting any information you don’t wish to make public on the webmessage Platform. If you upload any content to your account or post it on your Website and provide it in any other way as part of the use of any Service, you do so at your own risk.
webmessage processes information you provide to us on the legal basis of:
Disclaimer
Please always take care and observe at least the following minimum requirements for the protection of your personal information:
Right to delete your data
You may at any time access and edit, update or delete your contact details by logging into your webmessage platform Account.
Please note that you will only be able to delete your email during de-activation of your webmessage Account. To deactivate your Account, please send your request to support@webmessage.com, and you will be provided with further guidance.
3.2. Information We Collect when You use the Platform
When you use the webmessage Platform or contact us directly by any communication channel, we may collect information, including personal information, about the services you use and how you use them.
This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the webmessage Platform.
Automatic collection of data
webmessage processes this information on the legal basis of:
4. HOW WE USE YOUR DATA?
We use, store, combine and process information, including personal information, about you to provide, understand, improve, and develop the webmessage Platform, create and maintain a trusted and safer environment and comply with our legal obligations.
5. JOB APPLICATIONS
webmessage welcomes all qualified Applicant to apply to any of the open positions published at webmessage Careers, by sending us their contact details and CV (“Applicants Information“) via the relevant Position Application Form on our Website, or through any other means provided by us.
We understand that privacy and discreteness are crucial to our Applicants and are committed to keep Applicants Information private and use it solely for webmessage internal and group companies’ recruitment purposes (including for identifying Applicants, evaluating their applications, making hiring and employment decisions, and contacting Applicants by phone or in writing).
webmessage may retain Applicants Information submitted to it for no longer than one year after the applied position has been filled or closed. We collect this information to re-consider Applicants for other positions and opportunities at webmessage; we can use their Applicants Information as reference for future applications submitted by them; and if the Applicant is hired, for additional employment and business purposes related to his/her work at webmessage.
If you previously submitted your Applicants Information to webmessage, but now wish to access it, update it or have it deleted from our systems, please contact us at support@webmessage.com
6. INFORMATION PERTAINING TO VISITORS AND USERS OF OUR USER’S WEBSITES OR SERVICES
We may collect, store and process certain information pertaining to visitors and users of our User’s websites or services, solely on our Users’ behalf and at their direction. Each of our Users is able to collect and manage information, including personal data, via their website. Such information and personal data are then stored with webmessage. For such purposes, within the meaning of the GDPR, webmessage may in certain limited cases, as specified in the Terms of Service, be considered as a “data processor” of such information pertaining to visitors and users of their websites or services. The Users controlling and operating such User websites, shall be considered as the “data controllers” of such information, and shall be solely, completely and fully responsible and liable for complying with all laws and regulations that may apply to the collection and control thereof, including all privacy and data protection laws of all relevant jurisdictions.
User shall be solely, completely and fully responsible for the security, integrity and authorized usage of information related to visitors and users of their websites or services, and for obtaining consents, permissions and providing any fair processing notices required for the collection and usage of such information.
webmessage has no direct relationship with the individual visitors and users of our User’s websites or services whose personal data it processes. If you are a customer of any of our Users, and would like to make any requests regarding your personal data, please contact such User(s) directly.
For more information about data processing arrangement between us and our Users, please see our Terms of Service.
7. DIRECT MARKETING
When creating an Account at our Platform, you are free to opt-out from receiving various offers directly to your e-mail, phone or in your Account. We use provided contact details and your preferences for direct marketing by sending various offers or newsletters.
These direct marketing offers, depending on your preferences, may be personalized taking into account any other information which you have provided to us (e.g. location, social media profile information, purchase history etc.) or we have collected or generated from other sources as described below.
Right to object
If a User wishes to change their preferences for direct marketing, they may exercise such option at any time they wish by following the instructions to unsubscribe in the received email.
You are free to opt out of our newsletters at any time. You can do this by clicking on a link for that purpose at the bottom of our e-mail with the newsletters.
You may at any time refuse to receive information from us by sending an email to support@webmessage.com, or by visiting and adjusting your personal account settings.
8. OTHER USES OF YOUR PERSONAL DATA
9. SOURCES OF PERSONAL DATA
We collect and receive your Personal data from yourself (including your device) as well as from the following sources:
10. SECURITY
webmessage has implemented security measures designed to protect the Personal Information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to most areas on our Services. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third-Party Services for further enhancing the security of our Services and protection of our Visitors’ and Users’ privacy.
Regardless of the measures and efforts taken by webmessage, we cannot and do not guarantee the absolute protection and security of your Personal Information, or any other User Content you upload, publish or otherwise share with webmessage or anyone else.
We therefore encourage you to set strong passwords for your User Account and avoid providing us or anyone with any sensitive information of which you believe its disclosure could cause you substantial or irreparable harm.
If you have any questions regarding the security of our Services, you are welcome to contact us at support@webmessage.com
13. YOUR RIGHTS
You are entitled to a range of rights regarding the protection of your Personal Data, which are subject to limitations, restrictions and conditions as laid down in GDPR and applicable law. Those rights are:
Some of the rights as above are easy to exercise: i.e., you may at any time access and edit, update or amend your details, opt out of receiving communications from us and our partners by visiting and adjusting your personal account settings, or by e-mail: support@webmessage.com
When you object to processing of Personal Data when processing is carried out on the basis of legitimate interest, we will carefully consider such a request, which may result in your Account closure or de-activation.
Users have the right to lodge a complaint with the national Data Protection Agency in their country of residence in the event where their rights may have been infringed. However, we recommend attempting to reach a peaceful resolution of the possible dispute by contacting us first.
11. ACCEPTANCE OF THIS POLICY
We assume that all Users of webmessage Platform have carefully read this document and agree to its contents. If someone does not agree with this Policy, they should refrain from using our website, and mobile applications. We reserve the right to change our Policy at any time and inform by using the way as indicated in Section 17. Continued use of webmessage website and mobile applications implies acceptance of the revised Policy.
This Policy is an integral part of webmessage Terms and Conditions.
We will ask for your consent before using information for a purpose other than those set out in this Policy.
12. CONTACTS
For all your requests or comments concerned with this Privacy Policy, please contact:support@webmessage.com
13. FURTHER INFORMATION
If you have any further questions regarding the data webmessage collects, or how we use it, then please feel free to contact support@webmessage.com for more information.
BN 3042614
No 9 Abeo Street Surulere, Lagos Nigeria.
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No 9 Abeo Street Surulere, Lagos Nigeria.