Welcome
to MuKoya Inc!
These
Terms of Service govern your use of our website located at mukoya.com (together
or individually "Service") operated by MuKoya.
Our
Privacy Policy also governs your use of our Service and explains how we collect,
safeguard and disclose information that results from your use of our web pages.
Your
agreement with us includes these Terms and our Privacy Policy ("Agreements").
You acknowledge that you have read and understood Agreements, and agree to be
bound of them.
If
you do not agree with (or cannot comply with) Agreements, then you may not use
the Service, but please let us know by emailing at help@mukoya.com so we can
try to find a solution. These Terms apply to all visitors, users and others who
wish to access or use Service.
By
using our Service, you agree to subscribe to newsletters, marketing or
promotional materials and other information we may send. However, you may opt
out of receiving any, or all, of these communications from us by following the
unsubscribe link or by emailing at help@mukoya.com.
If
you wish to purchase any product or service made available through Service
("Purchase"), you may be asked to supply certain information relevant to your
Purchase including but not limited to, your credit or debit card number, the
expiration date of your card, your billing address, and your shipping
information.
You
represent and warrant that:
(i)
you have the legal right to
use any card(s) or other payment method(s) in connection with any Purchase; and
that
(ii)
"the information you supply to us is true,
correct and complete.
We
may employ the use of third-party services for the purpose of facilitating
payment and the completion of Purchases. By submitting your information, you
grant us the right to provide the information to these third parties subject to
our Privacy Policy.
We
reserve the right to refuse or cancel your order at any time for reasons
including but not limited to: product or service availability, errors in the description
or price of the product or service, error in your order or other reasons. We
reserve the right to refuse or cancel your order if fraud or an unauthorized or
illegal transaction is suspected.
Any
contests, sweepstakes or other promotions (collectively, "Promotions") made
available through Service may be governed by rules that are separate from these
Terms of Service. If you participate in any Promotions, please review the
applicable rules as well as our Privacy Policy. If the rules for a Promotion
conflict with these Terms of Service, Promotion rules will apply.
Some
parts of Service are billed on a subscription basis. You will be billed in
advance on a recurring and periodic basis ("Billing Cycle"). Billing
cycles will be set depending on the type of subscription plan you select when
purchasing a Subscription.
At
the end of each Billing Cycle, your Subscription will automatically renew under
the exact same conditions unless you cancel it or MuKoya cancels it. You may
cancel your Subscription renewal either through your online account management
page or by contacting help@mukoya.com customer support team.
A
valid payment method is required to process the payment for your subscription.
You shall provide MuKoya with accurate and complete billing information that
may include but not limited to full name, address, state, postal or zip code,
telephone number, and a valid payment method information. By submitting such
payment information, you automatically authorize MuKoya to charge all
Subscription fees incurred through your account to any such payment
instruments. Should automatic billing fail to occur for any reason, MuKoya
reserves the right to terminate your access to the Service with immediate
effect.
MuKoya
may, at its sole discretion, offer a Subscription with a free trial for a
limited period of time ("Free Trial"). You may be required to enter
your billing information in order to sign up for Free Trial.
If
you do enter your billing information when signing up for Free Trial, you will
not be charged by MuKoya until Free Trial has expired. On the last day of Free
Trial period, unless you cancelled your Subscription, you will be automatically
charged the applicable Subscription fees for the type of Subscription you have
selected.
At
any time and without notice, MuKoya reserves the right to
(i)
modify Terms of Service of
Free Trial offer,
(ii)
or cancel such Free Trial
offer.
MuKoya, in its sole discretion
and at any time, may modify Subscription fees for the Subscriptions. Any
Subscription fee change will become effective at the end of the then-current
Billing Cycle. MuKoya will provide you with a reasonable prior notice of any
change in Subscription fees to give you an opportunity to terminate your
Subscription before such change becomes effective. Your continued use of
Service after Subscription fee change comes into effect constitutes your
agreement to pay the modified Subscription fee amount.
We
issue refunds for Contracts within 14 days of the original purchase of the
Contract.
Our
Service allows you to post, link, store, share and otherwise make available
certain information, text, graphics, videos, or other material ("Content"). You
are responsible for Content that you post on or through Service, including its
legality, reliability, and appropriateness. By posting Content on or through
Service, You represent and warrant that:
(i)
Content is yours (you own
it) and/or you have the right to use it and the right to grant us the rights
and license as provided in these Terms, and
(ii)
that the posting of your
Content on or through Service does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person or
entity. We reserve the right to terminate the account of anyone found to be
infringing on a copyright.
You
retain any and all of your rights to any Content you submit, post or display on
or through Service and you are responsible for protecting those rights. We take
no responsibility and assume no liability for Content you or any third-party
posts on or through Service. However, by posting Content using Service you
grant us the right and license to use, modify, publicly perform, publicly
display, reproduce, and distribute such Content on and through Service. You
agree that this license includes the right for us to make your Content
available to other users of Service, who may also use your Content subject to
these Terms. MuKoya has the right but not the obligation to monitor and edit
all Content provided by users. In addition, Content found on or through this
Service are the property of MuKoya or used with permission. You may not
distribute, modify, transmit, reuse, download, repost, copy, or use said
Content, whether in whole or in part, for commercial purposes or for personal
gain, without express advance written permission from us.
You
may use Service only for lawful purposes and in accordance with Terms. You
agree not to use Service:
a. In
any way that violates any applicable national or international law or
regulation.
b. For
the purpose of exploiting, harming, or attempting to exploit or harm minors in
any way by exposing them to inappropriate content or otherwise.
c. To
transmit, or procure the sending of, any advertising or promotional material,
including any "junk mail", "chain letter," "spam," or any other similar
solicitation.
d. To
impersonate or attempt to impersonate Company, a Company employee, another
user, or any other person or entity.
e. In
any way that infringes upon the rights of others, or in any way is illegal,
threatening, fraudulent, or harmful, or in connection with any unlawful,
illegal, fraudulent, or harmful purpose or activity.
f. To
engage in any other conduct that restricts or inhibits anyone"s use or
enjoyment of Service, or which, as determined by us, may harm or offend Company
or users of Service or expose them to liability.
Additionally, you agree not to:
a. Use
Service in any manner that could disable, overburden, damage, or impair Service
or interfere with any other party"s use of Service, including their ability to
engage in real time activities through Service.
b. Use
any robot, spider, or other automatic device, process, or means to access
Service for any purpose, including monitoring or copying any of the material on
Service.
c. Use
any manual process to monitor or copy any of the material on Service or for any
other unauthorized purpose without our prior written consent.
d. Use
any device, software, or routine that interferes with the proper working of
Service.
e. Introduce
any viruses, trojan horses, worms, logic bombs, or other material which is
malicious or technologically harmful.
f. Attempt
to gain unauthorized access to, interfere with, damage, or disrupt any parts of
Service, the server on which Service is stored, or any server, computer, or
database connected to Service.
g. Attack
Service via a denial-of-service attack or a distributed denial-of-service
attack.
h. Take
any action that may damage or falsify Company rating.
i. Otherwise
attempt to interfere with the proper working of Service.
We
may use third-party Service Providers to monitor and analyze the use of our
Service.
Service
is intended only for access and use by individuals at least ten (10) years old.
By accessing or using Service, you warrant and represent that you are at least ten
(10) years of age and with the full authority, right, and capacity to enter
into this agreement and abide by all of the terms and conditions of Terms. If
you are not at least ten (10) years old, you are prohibited from both the
access and usage of Service.
When
you create an account with us, you guarantee that you are above the age of 10,
and that the information you provide us is accurate, complete, and current at
all times. Inaccurate, incomplete, or obsolete information may result in the
immediate termination of your account on Service. You are responsible for
maintaining the confidentiality of your account and password, including but not
limited to the restriction of access to your computer and/or account. You agree
to accept responsibility for any and all activities or actions that occur under
your account and/or password, whether your password is with our Service or a
third-party service. You must notify us immediately upon becoming aware of any
breach of security or unauthorized use of your account.
You
may not use as a username the name of another person or entity or that is not
lawfully available for use, a name or trademark that is subject to any rights
of another person or entity other than you, without appropriate authorization.
You may not use as a username any name that is offensive, vulgar or obscene.
We
reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in our sole discretion.
Service
and its original content (excluding Content provided by users), features and
functionality are and will remain the exclusive property of MuKoya and its
licensors. Service is protected by copyright, trademark, and other laws of and
foreign countries. Our trademarks may not be used in connection with any
product or service without the prior written consent of MuKoya.
We
respect the intellectual property rights of others. It is our policy to respond
to any claim that Content posted on Service infringes on the copyright or other
intellectual property rights ("Infringement") of any person or entity. If you
are a copyright owner, or authorized on behalf of one, and you believe that the
copyrighted work has been copied in a way that constitutes copyright
infringement, please submit your claim via email to help@mukoya.com, with the
subject line: "Copyright Infringement" and include in your claim a detailed
description of the alleged Infringement as detailed below, under "DMCA Notice and
Procedure for Copyright Infringement Claims". You may be held accountable for
damages (including costs and attorneys" fees) for misrepresentation or
bad-faith claims on the infringement of any Content found on and/or through
Service on your copyright.
You
may submit a notification pursuant to the Digital Millennium Copyright Act
(DMCA) by providing our Copyright Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
You
can contact our Copyright Agent via email at help@mukoya.com.
You
may provide us either directly at help@mukoya.com or via third party sites and
tools with information and feedback concerning errors, suggestions for
improvements, ideas, problems, complaints, and other matters related to our
Service ("Feedback"). You acknowledge and agree that:
(i) you
shall not retain, acquire or assert any intellectual property right or other
right, title or interest in or to the Feedback;
(ii) Company
may have development ideas similar to the Feedback;
(iii) Feedback
does not contain confidential information or proprietary information from you
or any third party; and
(iv) Company
is not under any obligation of confidentiality with respect to the Feedback. In
the event the transfer of the ownership to the Feedback is not possible due to
applicable mandatory laws, you grant Company and its affiliates an exclusive,
transferable, irrevocable, free-of-charge, sub-licensable, unlimited and
perpetual right to use (including copy, modify, create derivative works,
publish, distribute and commercialize) Feedback in any manner and for any
purpose.
Our
Service may contain links to third party web sites or services that are not
owned or controlled by MuKoya. MuKoya has no control over, and assumes no
responsibility for the content, privacy policies, or practices of any third-party
web sites or services. We do not warrant the offerings of any of these
entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE
RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR
ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH
CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB
SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND
PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.
THESE
SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS
INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR
CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER
COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE
FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR
WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS.
COMPANY
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE
FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
EXCEPT
AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS" FEES AND ALL RELATED COSTS AND
EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY,
WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR
PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY
VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR
REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE
PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR
SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
We
may terminate or suspend your account and bar access to Service immediately,
without prior notice or liability, under our sole discretion, for any reason
whatsoever and without limitation, including but not limited to a breach of
Terms.
If
you wish to terminate your account, you may simply discontinue using Service.
All
provisions of Terms which by their nature should survive termination shall
survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
These
Terms shall be governed and construed in accordance with the laws of Nigeria,
which governing law applies to agreement without regard to its conflict of law
provisions. Our failure to enforce any right or provision of these Terms will
not be considered a waiver of those rights. If any provision of these Terms is
held to be invalid or unenforceable by a court, the remaining provisions of
these Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service and supersede and replace any prior agreements
we might have had between us regarding Service.
We
reserve the right to withdraw or amend our Service, and any service or material
we provide via Service, in our sole discretion without notice. We will not be
liable if for any reason all or any part of Service is unavailable at any time
or for any period. From time to time, we may restrict access to some parts of
Service, or the entire Service, to users, including registered users.
We
may amend Terms at any time by posting the amended terms on this site. It is
your responsibility to review these Terms periodically. Your continued use of
the Platform following the posting of revised Terms means that you accept and
agree to the changes. You are expected to check this page frequently so you are
aware of any changes, as they are binding on you.
By
continuing to access or use our Service after any revisions become effective,
you agree to be bound by the revised terms. If you do not agree to the new
terms, you are no longer authorized to use Service.
No
waiver by Company of any term or condition set forth in Terms shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other
term or condition, and any failure of Company to assert a right or provision
under Terms shall not constitute a waiver of such right or provision.
If
any provision of Terms is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that the
remaining provisions of Terms will continue in full force and effect.
BY
USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.