LINKME TERMS AND CONDITIONS
This Website and the services of LinkMe (the "Services") are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services or properties such as websites or apps owned and operated by LinkMe (including but not limited to LinkMe.ng and app) and collectively referred to herein as "LinkMe," on which a link to these Terms & Conditions appears. By using this platform, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. If you have any questions regarding these Terms & Conditions, you may contact us at www.linkme.ng. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions.
INTRODUCTION TO LINKME
LinkMe is an online service network marketplace where people can outsource tasks and find Certified, Verified and Skilled local service providers, the solution aims to provide an all-in-one service that will help to connect customers to professionals, artisans and craft-men. It creates an avenue where people can easily find service that strives to foster and grow empowered relationships between home owners, Offices and Professional/Artisans. The platform makes it easy to find local pros that specialize in exactly the type of work you need done.
Upon registration, you may choose your own password or LinkMe will assign you a password to access the Services through the LinkMe website or apps.
1. THE SERVICES.
At LinkMe we are committed to making your total LinkMe experience a positive one. The Service is only a venue for connecting Users There are several ways you can find service professionals through LinkMe (collectively, "Service Professionals"). You may select or search for individual Service Professionals from our Live Directory, a directory of Service Professional members along with their ratings and reviews. Because Company is not involved in the actual contact between Users or in the completion of the Task, in the event that you have a dispute with one or more Users, you release Company (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes
i. LiveDirectory. You can view a directory of Service Professionals in your selected location who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
ii. Instant Connect. With Instant Connect, you can request that LinkMe connect you with a Service Professional by phone immediately. If you request, LinkMe will search for a Service Professional and connect you with them by phone.
iii. Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the LinkMe website. Please be aware that LinkMe does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of LinkMe. LinkMe is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
iv. No Guarantees or Endorsements. Although we take several steps to profile and examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. LinkMe does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professionals qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professionals performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of LinkMe, nor is LinkMe an agent of the Service Professionals.
v. No Contracting via the LinkMe Website. LinkMe may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and LinkMe does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the LinkMe or apps, or which you find on the LinkMe or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via LinkMe. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via LinkMe. To contract with a Service Professional, you must work directly with the Service Professional. LinkMe does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state and local laws. LinkMe is not a party to such agreements. All payments and applicable taxes must be made in accordance with the agreements.
vi. Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy LinkMe on the fee disputes). YOU HEREBY AGREE TO RELEASE LinkMe (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
2. DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the LinkMe resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the LinkMe Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the LinkMe resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
3. YOUR USE OF THE LINKME SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of LinMe is for your personal use and not for advertising purposes. You may not use LinkMe to recreate or compete with LinkMe, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to LinkMe for any such damages, and will indemnify LinkMe in the event of any claims against LinkMe based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any LinkMe Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by LinkMe in its sole discretion that you are misusing or attempting to misuse or circumvent the LinkMe services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, LinkMe reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
Payment for goods or services provided by Service Professionals, are only allowed through the LinkMe website, apps, services or any other means determined by LinkMe. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2, #7, you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount quoted or you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law.
5. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using LinkMe, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home service records, on our website or apps. Some of this information will be sent to Service Professionals who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, local or other applicable "Do Not Call or Disturb" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize LinkMe to send you an automated prerecorded call confirming your service request, along with calls from service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either LinkMe or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with LinkMe and/or a Service Professional and thus agree to be contacted by LinkMe and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or LinkMe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LinkMe has the right to refuse any current or future use of the LinkMe Services (or any portion thereof) by you. You are responsible for any use of the LinkMe Services by persons to whom you intentionally or negligently allow access to your password.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO LINKME AND THE SERVICE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSES NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO LINKME AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF N100,000 TO EACH OF LINKME AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
6. SMS MESSAGING
By submitting a service request, you agree that LinkMe and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of LinkMe. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from LinkMe at any time by texting the word STOP to 07054507363 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from LinkMe and the Service Professionals, your use of LinkMe Services may be impacted.
7. CALL RECORDING
You acknowledge and agree that LinkMe may monitor and/or record any telephone calls between you and LinkMe.
8. USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on LinkMe, including but not limited to:
o Photographs or Images,
o Comments, Questions and/or Answers,
o Any other content
(known collectively as "Content") is the sole and exclusive property of LinkMe, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
i. Our Right to Use Your Content. As a service professional, you acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
ii. Grant of License. You hereby grant LinkMe and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the LinkMe and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
iii. Representation of Ownership and Right to Use Content. By posting or providing any Content to LinkMe, you represent and warrant to LinkMe that you own or have all necessary rights to use the Content, and grant to LinkMe the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
iv. Content Guidelines. LinkMe reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any LinkMe owned or operated websites or apps if LinkMe determines (in its sole discretion) that such content contains or features any of the following:
a. Offensive, harmful and/or abusive language, including without
limitation: expletives, profanities, obscenities, harassment,
vulgarities, sexually explicit language and hate speech (e.g.,
b. References to illegal activity.
c. Language that violates the standards of good taste or the
standards of this Site.
d. Statements that are or appear to be false.
e. Comments that disparage LinkMe.
f. With respect to Ratings and Reviews of service professionals, all of
the above and in addition the following:
i. Reviews that do not address the goods and services of the
business or reviews with no qualitative value (e.g., "work has
not started yet").
ii. Comments concerning a different Service Professional.
iii. Information not related to work requested in the service
iv. If a dispute arises between a consumer and professional, the
rating submitted may be held in pending status until resolution
is reached. You represent and warrant that any Rating and
Review provided by you is accurate and truthful, and that your
will only provide a Rating and Review for a service
professional that has performed services for you pursuant to
your applicable service request.
2. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the LinkMe server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, and (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the LinkMe or apps or any other LinkMe owned, operated, licensed or controlled site. No logo, graphic, sound or image from any LinkMe web Site may be copied or retransmitted unless expressly permitted by LinkMe. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. LINKME AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LINKME AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE LINKME WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LINKME AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
3. SERVICE PROFESSIONAL PRE SCREENING PROCEDURES AND DISCLAIMERS
Unless otherwise noted on the screening tab of a Service Professionals profile page, LinkMe.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professionals, with the exception of Corporate Accounts (as described below) applying for membership in our network:
i. Licensing - We confirm at the time of a service professionals application, that a prospective new SP member has all applicable required practice license or belong to trade union for the services for which we match them to consumers. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given our environment’s unique nature, LinkMe relies on representations of service professionals that are using a trade union membership license to cover home improvement tasks that such service professionals are performing more than one task.
ii. Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered and incorporated by Corporate Affairs Commission (CAC).
iii. Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal activity associated with the owner/principal of the business, within the three years prior to such service professionals application for membership in the LinkMe network.
iv. Identity Verification (National Identification Number) - LinkMe verifies the national identification numbers of business owners/principals to confirm their identities. (This applies primarily to small businesses.)
v. Legal Search for Civil Judgments - We use third party data sources to check, within the 12 months prior to the service professional’s application for membership in the LinkMe network, for significant state-level civil legal judgments or liens entered against the owner/principal by business customers and for bankruptcy filings by or against the owner/principal, in the state in which the owner/principal of the company is located.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, NATIONAL IDENTIFICATION NUMBER)
NOTE: LINKME PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE LINKME NETWORK, AND THEREFORE A SERVICE PROFESSIONALS INFORMATION MAY CHANGE OR EXPIRE OVER TIME. THUS, LINKME CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. LINKME IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONALS SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONALS PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SPs") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SPs. The above screening criteria is not applicable to Corporate Accounts, and therefore, LinkMe does not screen the Corporate Accounts or Corporate SPs.
Service Professionals Profiles: LinkMe allows Service Professionals to post profiles about themselves and their business on the LinkMe or apps. LinkMe does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. LinkMe therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of LinkMe. LinkMe believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the LinkMe network. LinkMe does not represent or warrant that the information received from state, or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that LinkMe checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: LINKME EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
4. RATINGS & REVIEWS ARE NOT ENDORSED BY LINKME.NG
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of LinkMe. LinkMe disclaims any and all representations or warranties with regard to the Ratings and Reviews. LinkMe does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
5. ARTICLES AND OTHER CONTENT
LinkMe provides certain content relating to home improvement, repair, maintenance ("Articles"), on the LinkMe or apps, and via mobile applications owned and operated by LinkMe. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
6. LINKS TO THIRD PARTY SITES
The links in the LinkMe or apps will let you leave LinkMes Web site. The linked sites are not under the control of LinkMe and LinkMe is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. LinkMe is not responsible for webcasting or any other form of transmission received from any linked site. LinkMe is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LinkMe of the site.
7. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
LinkMe respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at linkmecopyrightnotice@Linkme.ng.
YOU AGREE TO INDEMNIFY LINKME, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE LINKME SERVICES IN CONNECTION WITH THE LINKME WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
9. ARBITRATION AND GOVERNING LAW
i. The exclusive means of resolving any dispute between you and LinkMe or any claim made by you or LinkMe arising out of or relating to your use of this Website and/or LinkMes services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the Nigerian Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against LinkMe in any court of competent jurisdiction OR EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. But whether you choose arbitration or any court, you may not under any circumstances commence or maintain against LinkMe any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
ii. By using the Website and/or LinkMes services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and LinkMe. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
iii. Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against LinkMe may be commenced only in the federal or state courts located in Abuja, FCT. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
iv. These Terms and Conditions, and any dispute between you and LinkMe, shall be governed by the laws of Nigeria without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Arbitration and Conciliation Act - Nigeria Law.
10. GENERAL PROVISIONS
You acknowledge and agree that the LinkMe Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and LinkMes sole obligation to you or any third party for any claim arising out of your use of the LinkMe Services or the LinkMe or apps, is that you are free to discontinue your use of the LinkMe Services or the LinkMe or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, LinkMe EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT LinkMe SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF LinkMe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of LinkMes successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of LinkMe to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws Nigeria as such laws are applied to agreements entered into and to be performed entirely in the Nigeria and between Nigerian residents. You agree to submit to jurisdiction in Nigeria and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Abuja, FCT. These Terms and Conditions constitute the entire agreement between you and LinkMe and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.