TERMS & CONDITIONS
PLEASE READ THE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER.
Welcome to the AtYourServcie.com.ng website (the "Site"). These terms & conditions ("Terms and Conditions") apply to the Site, and all of its divisions and affiliate operated Internet sites which reference these Terms and Conditions.
This website is owned and operated by At Your Service Technologies Ltd.
You understand that by using the site or site services, you agree to be bound by the Terms and Conditions of service without exemptions or modifications. If you do not accept the terms of service in its entirety, you must not access or use the site or the site services.
You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.
Eligibility. To use the Services, you must be, and represent and warrant that you are, of legal age (18 years and over) and of legal competence to enter into a binding agreement with AtYourService, and are not otherwise prohibited from using or receiving the Services in accordance with this Agreement.
If you agree to the terms of service on behalf of an entity or agency, or in connection with providing or receiving services on behalf of an entity or agency, you represent and warrant that you have the authority to bind that entity or agency to the terms and conditions and agree that you are binding both you and that entity or agency to the Terms and Conditions. In that event, “you” and “your” will refer and apply to you and that entity or agency.
“Client” means any authorized User utilizing the Site to seek and/or obtain Freelancer Services from another User.
“Freelancer” means any authorized User utilizing the Site to advertise and/or provide Freelancer Services to Clients. A Freelancer is a customer of AtYourService with respect to use of the Site and Site services.
“Freelancer Services” means any services provided by Freelancers.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Public Site Services” means, collectively, all services, applications and products that are accessible by any Site Visitor who has not become a User through the Site, to the extent they are accessible by a Site Visitor who has not become a User.
“Site” means, collectively, our website located at https://atyourservice.ng/ all affiliated websites, including mobile websites and AtYourService Mobile Applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates (defined in the User Agreement).
“Site Services” means, collectively, all services (except the Freelancer Services defined herein), applications and products that are accessible through the Site, including the Public Site Services, and all AtYourService Mobile Applications.
“AtYourService” means all mobile applications published by AtYourService or our Affiliates for access to or use of the Site or any Site Services.
“User Content” means any comments, remarks, data, feedback, content, text, photographs, images, or other information that you or any Site Visitor or User post to any part of the Site or provide to AtYourService, including such information that is posted as a result of questions.
“You” means any person who accesses our Site, including a Site Visitor or User and including any entity or agency on whose behalf any such person accesses or uses our Site.
TERMS AND CONDITIONS OF USE
PURPOSE OF ATYOURSERVICE
The Site is a marketplace where Clients and Freelancers can identify each other and advertise, buy, and sell Freelancer Services online. Subject to the Terms of Service, AtYourService provides the Site Services to Users, including hosting and maintaining the Site.
RELATIONSHIP WITH ATYOURSERVICE
AtYourService merely makes the Site and Site Services available to enable Freelancers and Clients/Users to find and transact directly with each other. AtYourService does not introduce Freelancers to Clients, find Projects for Freelancers, or find Freelancers for Clients. Through the Site and Site Services, Freelancers may be notified of Clients that may be seeking the services they offer, and Clients may be notified of Freelancers that may offer the services they seek; at all times, however, Clients are responsible for evaluating and determining the suitability of Freelancer on their own. If Clients decide to enter into a formal or informal Service Contract, the Service Contract is directly between the Users (Client and Freelancer) and AtYourService is not a party to that Service Contract.
You acknowledge, agree, and understand that AtYourService is not a party to the relationship or any dealings between Client and Freelancer.
Without limitation, Clients are solely responsible for:
ensuring the accuracy and legality of any User Content,
determining the suitability of freelancers for a Service Contract (such as any interviews, vetting, background checks, or similar actions),
negotiating, agreeing to, and executing any terms or conditions of Service Contracts,
paying for Freelancer Services.
Supervising and directing the work of the Freelancer
Ensuring the safety and care of their property, when freelancer is working on their premises or at site
AtYourService does not:
make any representations about or guarantee the truth or accuracy of any Freelancer’s or Client’s listings or other User Content on the Site;
verify any feedback or information provided by Users about Freelancers or Clients; and does not vet or otherwise perform background checks on Freelancers or Clients.
in any way, supervise, direct, control, or evaluate Freelancers or their work and is not responsible for any Project, Project terms or Work Product.
makes any representations about and does not guarantee, and you agree not to hold AtYourService responsible for, the quality, safety, or legality of Freelancer Services; the qualifications, background, or identities of Users; the ability of Freelancers to deliver Freelancer Services; the ability of Clients to pay for Freelancer Services; User Content, statements or posts made by Users; or the ability or willingness of a Client or Freelancer to actually complete a transaction.
Guarantee the Client against theft or damage to Property
The Freelancer acknowledge, agree, and understand that:
you are not an employee of AtYourService, and you are not eligible for any of the rights or benefits of employment;
AtYourService will not have any liability or obligations under or related to Service Contracts and/or Freelancer Services for any acts or omissions by you or other Clients/Users;
AtYourService does not, in any way, supervise, direct, or control any Freelancer or Freelancer Services; does not impose quality standards or a deadline for completion of any Freelancer Services; and does not dictate the performance, methods or process Freelancer uses to perform services;
Freelancer is free to determine when and if to perform Freelancer Services, including the days worked and time periods of work, and AtYourService does not set or have any control over Freelancer’s pricing, work hours, work schedules, or work location, nor is AtYourService involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Freelancer for a Project;
Freelancer will be paid at such times and amounts as agreed with a Client in a given Service Contract, and AtYourService does not, in any way, provide or guarantee Freelancer a regular salary or any minimum, regular payment;
AtYourService does not provide Freelancers with training or any equipment, labour, tools, or materials related to any Service Contract; and
AtYourService does not provide the premises at which Freelancers will perform the work. Freelancers are free to use subcontractors or employees to perform Freelancer Services and may delegate work on fixed-price contracts or by agreeing with their Clients to have hourly contracts for Freelancer’s subcontractor(s) or employee(s). If a Freelancer uses subcontractors or employees, Freelancer further agrees and acknowledges that this paragraph applies to AtYourService relationship, if any, with Freelancer’s subcontractors and employees as well and Freelancer is solely responsible for Freelancer’s subcontractors and employees.
Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose. Users are free at all times to engage in such other business activities and services and are encouraged to do so.
USE OF PHOTOGRAPHIC IMAGES
By submitting to us your Images, you agree to the following terms:
You must be at least 18 years old
The User Information you provide to us true and accurate.
You haven’t impersonated any person or falsely stated or misrepresented your affiliation with a person or entity.
You own or have all necessary licenses, rights, consents, and permissions to use and submit to us the Images and User Information and to authorize us to use the Images and User Information as expressed in these Terms and Conditions.
Your agreement to these Terms and Conditions does not in any way conflict with any existing legal agreement or commitment on your part to any third party.
Your images and User Information do not embody, reflect or reveal any confidential information and that we are not obligated to treat them as confidential.
You grant us, without any compensation of any kind to you or others, the exclusive right and license to use, copy, distribute, display, publish, perform, sell, sublicense, modify, edit, adapt, translate, transmit, create derivative works from, and otherwise exploit all Images in any form, medium or technology that we elect, whether now or in the future. Without limiting the foregoing, you agree that, without further approval from you, we may exercise the rights you grant us herein for any and all purposes we deem appropriate, including, without limitation, for the promotion, marketing, and publicizing of our services and products. We may, for example, use and publish the Images on our website or third party websites, in our print, broadcast and digital advertisements, in our marketing materials, and in connection with our promotional events. The right and license you grant us is perpetual, irrevocable, exclusive, royalty-free, unrestricted, worldwide, and transferable without your further consent. You understand and agree that we have the option, but not the obligation, to use the Image you submit to us, and that if we exercise our license rights, we may also use your User Information in conjunction with such Images
“AtYourService” reserves the right to change or revise the terms at any time by posting any changes or a revised version on our website and application. We will alert you that changes or revisions have been made by indicating on the top of our Terms the date it was last revised or updated. The changed or revised version will be effective immediately after it is posted on our website and application with no other notice provided. Your use of our website and application following the posting of any such changes will constitute your acceptance of such revisions or update.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.
The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
DISCLAIMER OF WARRANTIES
Your use of our website and application and/or service is at your sole risk. Our website and application and/or service are offered on an “as is” and “as available” basis. “AtYourService” expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the services or website or application, or any reliance upon or use of the website and content or services. Without limiting the generality of the foregoing, “AtYourService” makes no warranty:
(1) that the information provided on our website and application is accurate, reliable, complete, or timely;
(2) that the links to third-party website and application are to information that is accurate, reliable, complete, or timely; no advice or information, whether oral or written, obtained by you from our website and application will create any warranty not expressly stated herein;
(3) As to the results that may be obtained from the use of the services will be corrected;
(4) Regarding any services purchased or obtained through our website and application;
Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.
Any unauthorised use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
LICENSE TO USE OUR WEBSITE
We grant you a non-assignable, non-exclusive and revocable license to use the software provided as part of our services in the manner permitted by these Terms. This license grant includes all updates, upgrades, new versions and replacement software for you to use in connection with our services.
The services are protected by copyright, trademark, and other laws of Nigeria. Nothing in this Term gives you a right to use the ATYOURSERVICE name or any of ATYOURSERVICE’s trademarks, logos, domain names, and other distinctive brand features. All right, title and interest in and to the services are and will remain the exclusive property of ATYOURSERVICE and its licensors.
WAIVER OF CLASS ACTION RIGHTS
By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
If you have any questions about these Terms, please contact us.