Welcome to the AWA Bike User Application (“App“). AWA Bike is a registered trademark of AWATECHNOLOGY Nigeria Limited. AWA Bike maintains this App to provide information to our members and visitors on transportation, cycling, cycling habits, exercise, healthy eating & living, social media, payment platforms, and other related content and services. All use of this App is subject to the following terms and conditions. By accessing and browsing this App, you agree to be bound by these terms and conditions.
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- ACCEPTANCE OF TERMS
- YOUR REGISTRATION OBLIGATIONS
- PRIVACY STATEMENT
- USER CONDUCT
- SUBMITTED/UPLOADED CONTENT
- FORUMS AND CONVERSATION GROUPS
- RESPONSIBILITY FOR MINORS
- RESTRICTIONS ON RE-USE, RE-SALE OF SERVICES
- COMMERCIAL USE
- ACCESS AND INTERFERENCE
- GENERAL PRACTICES REGARDING USE AND STORAGE
- MODIFICATIONS TO SERVICE (OTHER THAN PAID SERVICES)
- CONTENT LINKED TO AWA BIKE
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- EXCLUSIONS AND LIMITATIONS
- PROFESSIONAL INFORMATION DISCLAIMER
- MEDICAL/HEALTH INFORMATION DISCLAIMER
- SEARCH CONTENT DISCLAIMER
- THIRD PARTY DEALINGS & ONLINE SALES DISCLAIMER
- GOVERNING LAW/JURISDICTIONAL ISSUES
- 26. MISCELLANEOUS
- Schedule “A” PHOTO SUBMISSION LICENCE, RELEASE & WAIVER
- Schedule “B” SUBMITTER CONTENT LICENCE, RELEASE & WAIVER
- 1. ACCEPTANCE OF TERMS This App and its related services are provided to you by AWATECHNOLOGY Nigeria Limited, (herein referred to as AWATECHNOLOGY or “we”) subject to the following terms and conditions of service. By using this webApp (the “AWA Bike App”) or any products, content or other services available on the AWA Bike App (each a “Service” and collectively, the “Services”), you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with the AWA Bike App or Service (collectively the “Terms and Conditions”), all as may be modified by AWATECHNOLOGY in accordance with these Terms and Conditions. 2. YOUR REGISTRATION OBLIGATIONS Certain Services may require that we collect certain registration data from you. In consideration of your use of the Services, you agree to:
- provide true, accurate, current and complete information about yourself where required and as prompted by the Services registration form (such information being the “Registration Data”);
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and if you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). Where you are required to create a password and account to access a Service, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
b. ensure that you exit from your account at the end of each session. AWA Bike cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. PRIVACY STATEMENT
Registration Data and certain other personal information about you is subject to our Privacy Statement. You agree that AWA Bike has the right, but not the obligation, to monitor the App and the Services electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the AWA Bike App or any of the Services properly, or to protect itself or its users in accordance with the Privacy Statement and applicable privacy legislation.
You acknowledge that in the event that a third party service provider is located in the Nigeria or another foreign country, your personal information may be processed and stored in the Nigeria or such other foreign country, and the governments, courts or law enforcement or regulatory agencies of that country may be able to obtain disclosure of your personal information through the laws of the foreign country. Whenever we engage a third party service provider to do work for us, we confirm that its privacy and security standards meet our requirements. You acknowledge and agree that this paragraph constitutes prior written notice to you for, and your consent to, the collection, use and disclosure of your personal information as described above.
4. User Conduct
All information, data, text, software, music (including both the particular performance(s) and the underlying musical composition), sound, photographs, graphics, images, avatars, video, messages, ideas, recipes, reviews, opinions, suggestions or other materials on a the AWA Bike App (“Content”), submitted by a user, whether publicly or privately posted, e-mailed, transmitted, uploaded or otherwise submitted to the AWA Bike App or the Services (“Submitter Content”) is the sole responsibility of the person from which such Submitter Content originated and any such post, e-mail, transmission, uploading or other submission of such Submitter Content is subject to the Submission Release Terms and Conditions referred to in Section 5 below. In addition to the License, Release and Waiver terms for Photo Content and Submitter Content (as defined in Section 5 below), you also acknowledge and agree that you, and not AWATECHNOLOGY, are entirely responsible for all Submitter Content that you post, e-mail, transmit, upload or otherwise submit via AWA Bike App and/or pursuant to the Services.
You also agree and acknowledge that you are fully responsible for the bicycle you request and ride. Any damage which is user induced and can be traced to you as the last user would be fully borne by you. You hereby pledge to be a responsible user of the bicycles, to take the bicycles from designated pick-up areas and to park at designated parking areas. You hereby agree that where applicable, you shall be fined and grant express consent to a withdrawal of the fine payment from your user account as you have given upfront consent of your willingness to pay the fine of damage/ improper parking or irresponsible use or misuse of the bicycles.
AWA Bike does not control the Submitter Content posted via the AWA Bike App and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the AWA Bike App or Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will AWA Bike be liable in any way for any loss, damage or injury related to, or arising as a result of, any Content (including Submitter Content), including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Submitter Content posted, e-mailed, transmitted, uploaded or otherwise submitted via a Service.
You agree to not use any Service to post, e-mail, transmit, upload or otherwise submit any Submitter Content that:
- is offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- could be harmful to minors;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- promotes information that is false, misleading, illegal or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, promoting an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- transmits information to which you do not have a right under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information );
- engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent; and
- contains or will contain any disabling mechanism or protection feature designed to prevent its use, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb or any other codes, designs, routines or instructions that may be used to access, modify, replicate, distort, delete damage or disable the Content, any Services or the AWA Bike App and any world wide web pages or any operating system software or hardware on which such Content, Service or the AWA Bike App is operated or displayed except as specifically designed into the Content.
AWA Bike and its affiliates shall have the right to remove any Submitter Content that violates these Terms and Conditions, or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that AWATECHNOLOGY may preserve Content and may also disclose Content if required
to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce these Terms and Conditions;
- respond to claims that any Content violates the rights of third-parties; or
- protect the rights, property, or personal safety of AWATECHNOLOGY, its users and/or the public.
5. Submitted/Uploaded Content
You agree that by posting, e-mailing, transmitting, uploading or otherwise submitting any Submitter Content materials to any content generating or submitting Service on the AWA Bike App including, without limitation, to any chat-room, forum, literary and/or dramatic content upload Service, reporting/blogging Service, criticism, review or opinion upload Service, or any image, photograph or other visual art-form upload Service, you are agreeing to the applicable Submission Release Terms and Conditions linked here for your reference. For any photo that may be uploaded, please refer to the following Photo Submission License, Release and Waiver (Schedule “A” below). For all other Submitter Content please refer to the following Submission License, Release and Waiver (Schedule “B” below). Each of the Photo Submission License, Release and Waiver and the Submitter Content License, Release and Waiver are hereby incorporated by reference into these Terms and Conditions. PLEASE READ THE APPLICABLE SUBMISSION RELEASE TERMS AND CONDITIONS BEFORE POSTING, E-MAILING, TRANSMITTING, UPLOADING OR OTHERWISE SUBMITTING ANY CONTENT WHATSOEVER TO THE AWA Bike APP OR SERVICE. ANY SUCH POSTING, E-MAILING, TRANSMITTING, UPLOADING OR OTHER SUBMISSION OF CONTENT TO THE AWA Bike APP OR SERVICE WILL INDICATE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE APPLICABLE SUBMISSION RELEASE TERMS AND CONDITIONS. WITHOUT LIMITING THE GENERALITY OF THE SUBMISSION RELEASE TERMS AND CONDITIONS, UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY SUBMITTER CONTENT OR RELATED MATERIAL TO AWA Bike BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING SUBMITTER CONTENT OR ANY RELATED MATERIAL TO AWA Bike, YOU ARE WAIVING ANY AND ALL RIGHTS (INCLUDING
WITHOUT LIMITATION MORAL RIGHTS) THAT YOU MAY HAVE IN THE SUBMITTER CONTENT OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO AWATECHNOLOGY THAT THE SUBMITTER CONTENT (AND ALL PARTS OF IT) OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE SUBMITTER CONTENT OR ANY RELATED MATERIAL AND THAT AWA Bike IS FREE TO IMPLEMENT, PUBLISH, DISTRIBUTE, REPRODUCE, COMMUNICATE (AND AUTHORIZE THE COMMUNICATION OF), TRANSMIT, MODIFY AND OTHERWISE EXPLOIT THE SUBMITTER CONTENT (INCLUDING ANY IDEA AND/OR SUGGESTION) AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY AWA Bike, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
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When participating in a forum or group conversation, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. AWA Bike cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a forum or engaging in group conversation, you may not post, transmit, link to, or otherwise distribute any information, materials or content that does not generally pertain to the designated topic or theme of the particular forum or chat room. Use of a forum or chat room for commercial purposes of any kind is strictly prohibited. Please note that AWA Bike reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions. Use of and/or participation in connection with any forum, chat room or message board shall indicate your acceptance of the Terms and Conditions.
7. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the AWA Bike App or any of the Services, you recognize that you are fully responsible for:
i. the online conduct of such minor; ii. controlling the minor’s access to and use of the AWA Bike App or any of the Services; and
iii. the consequences of any misuse by the minor. You acknowledge that some of the areas of the AWA Bike App may contain Content that is inappropriate for minors. You acknowledge that AWA Bike has no obligation to monitor the Services or any Content accessible through the App.
8. RESTRICTIONS ON RE-USE, RE-SALE OF SERVICES
All Content available on AWA Bike App, including the manner in which such Content is presented, and the Services are: Copyright © 2018 AWATECHNOLOGY Nigeria Limited, its affiliates, related companies, unaffiliated partners and/or licensors. All rights reserved. Such Content is protected by Nigerian and worldwide copyright laws and treaty provisions. AWATECHNOLOGY grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the AWA Bike App or any of the Services, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the respective copyright owner of such Content. Your entry or participation in any contest, sweepstakes, promotion or other similar offering on the AWA Bike App (each, a “Contest”) shall also be subject to and governed by the specific rules and regulations in respect of that Contest.
9. COMMERCIAL USE
No bulletin board, forum, group conversation or other areas of the AWA Bike App may be used by you for any commercial purposes such as to conduct sales of goods and services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other Apps for any commercial purpose whatsoever. We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from theAWA Bike App and barring such violators from use of the AWA Bike App. We reserve the right to block access to the AWA Bike Apps by any user known or reasonably believed to be utilizing automated means to process commercial uses (including sale of goods and services).
10. ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content contained thereon or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the App. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or “refresh” pages contained on the AWA Bike App, or make any other request to transactional servers, more than once during any three second interval.
Certain Services may allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the “Software”). The Software is made available to you by AWA Bike or third parties subject to these Terms and Conditions and the terms and conditions made available to you during the software installation process. You agree that the Software is licensed to you by AWA Bike or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that AWA Bike or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that AWA Bike, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.
You agree to defend, indemnify and hold harmless each of AWATECHNOLOGY, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the AWA Bike App, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to:
a. your breach of any of these Terms and Conditions (including any Terms and Conditions incorporated by reference);
- your access to or use of the AWA Bike App, Services or Content; or
- your use or reliance on, or publication, communication or distribution of anything on or from the AWA Bike App or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that AWA Bike may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Submitter Content will be retained by the AWA Bike App, the maximum disk space that will be allotted on AWA Bike servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the AWA Bike App or the Services in a given period of time. You agree that AWATECHNOLOGY has no responsibility or liability for the deletion or failure to store any messages and other communications or other Submitter Content maintained or transmitted on or by the AWA Bike App or Service. You further acknowledge that, in relation to free services, AWA Bike reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
14. MODIFICATIONS TO SERVICE (OTHER THAN PAID SERVICES)
For users of the AWA Bike App and/or any Services, AWATECHNOLOGY reserves the right, in its sole discretion, at any time and from time to time to modify these Terms and Conditions and discontinue, temporarily or permanently, the AWA Bike App or Services (or any part of the AWA Bike App or Services) with or without notice. You agree that any modification or discontinuance of the AWA Bike App or Services may be effected without prior notice, and acknowledge and agree that in connection with any such modification or discontinuance, AWA Bike may immediately deactivate or delete your account and all related information and files in your account (including any registration data). You further agree that AWA Bike shall not be liable to you or to any other person as a result of any such modification or discontinuance for any reason whatsoever. Your continued use of the AWA Bike App or Service will mean that you accept those changes.
You agree that AWA Bike, in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the App or Services, and remove and discard any Submitter Content within the Service at its convenience, or for any reason, including, without
limitation, for lack of use or if AWA Bike believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. AWA Bike may also in its sole discretion and at any time discontinue providing the App or Services, or any parts of the App or Services, with or without notice. You agree that any suspension and/or termination of your access to the App or Services may be effected without prior notice, and acknowledge and agree that AWA Bike may immediately deactivate or delete your account and all related information and files in your account (including any Registration Data) and/or bar any further access to such files or the Services. You further agree that AWA Bike shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the App or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of AWA Bike in operating the App or any of the Services, your sole and exclusive remedy is to discontinue using the App or Services in question.
16. CONTENT LINKED TO AWA BIKE
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE AWA BIKE APP OR SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AWA BIKE APP OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS A V AILABLE” BASIS. AWATECHNOLOGY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
AWATECHNOLOGY MAKES NO WARRANTY THAT
THE AWA BIKE APP OR SERVICES WILL MEET YOUR REQUIREMENTS,
THE AWA BIKE APP OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE AWA BIKE APP OR SERVICES WILL BE ACCURATE OR RELIABLE,
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE AWA BIKE APP OR SERVICES WILL MEET YOUR EXPECTATIONS, AND
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AWA BIKE APP OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
c. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE AWA BIKE APP OR THROUGH OR FROM ANY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AWA BIKE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
i. THE USE OR THE INABILITY TO USE THE AWA BIKE APP OR SERVICES;
ii. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
iii. ENTERED INTO THROUGH OR FROM THE APP OR SERVICES;
iv. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
v. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE AWA BIKE APP OR SERVICES; OR
ANY OTHER MATTER RELATING TO THE AWA BIKE APP OR SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT AWATECHNOLOGY HAS ENTERED INTO THIS AGREEMENT, AND HAS AND WILL MAKE THE AWA BIKE APP, SERVICES AND CONTENT AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND AWATECHNOLOGY. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY OR TERMINATION OF THIS AGREEMENT.
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AWATECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
19. EXCLUSIONS AND LIMITATIONS
EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
20. PROFESSIONAL INFORMATION DISCLAIMER
The AWA Bike App may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health, diet and fitness related matters (the “Professional Information”). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of the AWA Bike App does not replace consultations with a qualified medical, nutrition, or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that AWATECHNOLOGY, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
21. MEDICAL/HEALTH INFORMATION DISCLAIMER
The Professional Information may contain health-related and medical-related information (including without limitation any facts, views, opinions, recommendations, descriptions of, or references to, products, services, medications, diets, nutritional or other information). Such health-related and medical-related information made available through the AWA Bike App or any of the Services is:
- for informational purposes only;
- not to be used or construed as a substitute for professional medical advice, diagnosis, or treatment;
- not intended as a recommendation or endorsement of any specific tests, products, procedures, opinions or any other information. Reliance on any health-related or medicalrelated Professional Information on, or accessible through, the AWA Bike App or Services is solely at your own risk. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR PROPOSED DIET OR NUTRITION PROGRAM. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE AWA BIKE APP.
22. SEARCH CONTENT DISCLAIMER
Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works, search results, listings (paid or free) and/or the arrangement thereof and any other works (the “Multimedia Content”) located through the AWA Bike App’s search services are protected by copyright and/or other intellectual property laws. AWATECHNOLOGY does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to Apps outside the AWA Bike App, all of the Multimedia Content contained on such Apps is owned and served by entities other than AWATECHNOLOGY. AWATECHNOLOGY provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through the AWA Bike App’s search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
23. THIRD PARTY DEALINGS & ONLINE SALES DISCLAIMER
You acknowledge that some of the services accessible on the AWA Bike App are provided by third parties, including but not limited to health newsletters and surveys You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the AWA Bike App or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties.
The “a-w-a with the rider on top” and other trademarks and design marks, broadcasting service-related trademarks and design marks, service names and associated designs are trademarks and registered trademarks owned or licensed by AWATECHNOLOGY Nigeria Limited. All other product, brand and company names and logos used or mentioned on the AWA Bike App or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on the AWA Bike App or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
25. GOVERNING LAW/JURISDICTIONAL ISSUES
Except for third party Apps and services independently operated and accessed through the AWA Bike App, the AWA Bike App and Services are controlled, operated and administered by AWATECHNOLOGY from its offices within Nigeria. AWATECHNOLOGY makes no representation or warranty that the AWA Bike App or any of the Services are appropriate or available for use at any locations outside Nigeria. If you access the AWA Bike App from outside Nigeria, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through the AWA Bike App in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the Federal laws of Nigeria applicable therein, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria, and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
SCHEDULE “A” PHOTO SUBMISSION LICENCE, RELEASE AND WAIVER
Please note that we cannot publish your photographic materials or images (“Photos”) if you do not own all rights in them, and have permission from those who may appear in your Photos to publish the Photos. If you decide at any time that you no longer want us to use your Photos pursuant to this license, simply send us a written request to the Attention of: info@AWA Bike
In consideration of AWA Bike agreement to allow you to post, e-mail, transmit, upload or otherwise submit any Photo to the App or Services and, possibly, to review, and potentially publish any such materials submitted on the App by you, and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with AWATECHNOLOGY as follows:
1. You grant to AWA Bike a non-exclusive and royalty-free right and license, (but not the obligation), in perpetuity throughout the world, to use, reproduce, store, transmit, communicate the Photo in whole or in part, or any part thereof, (i) on the App now existing or to be created (including, without limitation, internet web pages located at the domain name AWATECHNOLOGY or its successor Apps) and however configured for any electronic distribution platform or device whether fixed or mobile (whether now known or to be devised and including, without limitation, phones, personal digital assistant, pagers and other wireless enabled devices and applications); and (ii) in any newspaper (including but not limited to print and Digital Editions of such newspapers) owned or operated by
AWATECHNOLOGY and/or its affiliates, related companies, unaffiliated partners and/or
licensees, successors or assigns, for the purpose of promoting your Photo and its
submission to the AWA Bike App. You irrevocably waive, in
AWATECHNOLOGY’s favour any and all so-called “moral rights” in connection with your
Photo. You grant these rights and this waiver to AWA Bike free of charge.
2. You represent and warrant that:
- you own or control all of the rights in and to your Photo. The rights granted to AWA Bike in this license, the Photo and every one of its component elements are, wholly original with you and not copied in whole or in part from any other work, and/or you have obtained all necessary rights or licences in order to authorize use of your Photo for the above purposes;
- you have the right to grant to AWATECHNOLOGY / AWA Bike the rights granted to us in this license. No further permissions, consents or payments are required from or to, any third party in connection with the use by AWA Bike of the rights granted hereunder, there is (and will not be) any agreement with a third party that may in any way interfere with AWA Bike rights under this license, and such rights are and shall be free and clear of any and all claims, rights and obligations whatsoever;
- this license, and the Photo shall not be subject to the jurisdiction of any guild, organization, corporation or collective in any jurisdiction and no additional payment, royalties, or consent of any party are required in connection with AWA Bike exercise of the rights granted in this license. Without limiting what you have represented to above, you have not previously assigned any or all of the rights in and to the Photo to any guild, organization, corporation or collective or other person or entity whatsoever; and (d) you are a resident of Nigeria.
3. AWATECHNOLOGY the sole owner of all rights (including copyright) in the AWA Bike App and in this capacity shall have the right to use the Photo in any manner in its sole discretion within the terms of this license, including, but not limited to the right to edit your Photo to accommodate publication requirements; and to add to, delete from, edit, alter and otherwise combine the content with any other content in any manner and in any media whatsoever.
- You expressly and irrevocably release and forever discharge AWATECHNOLOGY/ AWA Bike, its parent, subsidiary, affiliated and associated companies, and their directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of, AWATECHNOLOGY exercise of its rights in this license, release and waiver.
- You hereby agree to indemnify and hold harmless AWATECHNOLOGY, its partners, their parent, affiliated and related companies, and all of their respective individual shareholders, directors, officers, employees, licensees and assigns from and against any claims, actions, losses and expenses (including legal expenses) occasioned by any breach of your representations and warranties or any other provision of this license, release and waiver.
- You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against AWATECHNOLOGY, all of which such rights are hereby expressly and irrevocably waived by you in favour of AWATECHNOLOGY.
- You acknowledge having obtained independent legal advice in connection with this license, release and waiver, failing which, you shall be deemed to have voluntarily waived the right to seek such independent legal advice.
- Certain portions of the AWA Bike App may run specific Photo submission campaigns, promotions or contests which envision reproduction of your photos in other publications or media. Certain portions of the AWA Bike App may also provide services to which you may upload your Photos for private viewing only (including but not limited to access by password and/or secure link only). In addition to the general Terms and Conditions for the AWA Bike App (including the Licence, Release and Waiver terms for Photos and Submitter Content incorporated therein), any specific terms and conditions of those services, campaigns, promotions or contests shall apply to those Photo submissions and are incorporated into this licence. To the extent that there is conflict between the provisions of those specific terms, this licence and the general Terms and Conditions for the AWA Bike App, the provisions of the specific terms and conditions of those Photo
services, campaigns, promotions or contests shall apply. Except as otherwise defined in this license or in any specific terms and conditions of a Photo submission opportunity, any capitalized terms shall have the meanings given to such terms in the general Terms and Conditions.
SCHEDULE “B” SUBMITTER CONTENT SUBMISSION LICENCE, RELEASE AND WAIVER
In consideration of AWATECHNOLOGY agreement to allow you to post, e-mail, transmit, upload or otherwise submit any Submitter Content materials to the AWA Bike App or Services and, possibly, to review, and potentially publish any such materials submitted to AWATECHNOLOGY by you, and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with AWATECHNOLOGY as follows.
1. You acknowledge that:
- by posting, e-mailing, transmitting, uploading or otherwise submitting any Submitter Content to the AWA Bike App or Services, you hereby irrevocably grant and assign to AWATECHNOLOGY the unlimited right and licence, for the full term of copyright or any extension thereof, to copy, adapt, transmit, communicate, public display and perform, distribute and create compilations and derivative works from such Submitter Content, and to publish, reproduce and otherwise use and exploit the Submitter Content in any manner and in any and all media, whether now known or hereafter devised, throughout the world, without further compensation. AWATECHNOLOGY shall be entitled to edit the Submitter Content, and you hereby waive in favour of AWATECHNOLOGY and its assigns, all “moral rights” in and to the Submitter Content. Nothing herein shall obligate AWATECHNOLOGY to use or publish the Submitter Content in any manner. The rights granted hereunder may be freely assigned or sub-licensed by AWATECHNOLOGY to any third party.
- AWATECHNOLOGY receives numerous submissions of ideas, stories and other materials from other sources and, in addition, AWATECHNOLOGY creates, and/or commissions others to create on AWATECHNOLOGY’s behalf, such materials (collectively the “AWATECHNOLOGY Materials”). The subject matter and substance and/or other elements (collectively the “Elements”) contained in the AWATECHNOLOGY
Materials may be similar to those contained in the Submitter Content submitted by you. You expressly and irrevocably understand, acknowledge and agree that AWATECHNOLOGY is accepting the Submitter Content at your request, which request was and is deemed to have been made by you after having been advised by AWATECHNOLOGY that there are or may be pre-existing AWATECHNOLOGY Materials which may have one or more Elements similar, or substantially similar, to
those found in the Submitter Content;
c. AWATECHNOLOGY shall be entitled to use the Submitter Content you submit to AWATECHNOLOGY without compensation or obligation to you; and
d. There is no relationship of any type created, including without limitation any agency, or fiduciary relationship, as between you and AWATECHNOLOGY by virtue of the submission by you of the Submitter Content to AWATECHNOLOGY hereunder.
- You hereby expressly and irrevocably release and forever discharge AWATECHNOLOGY its parent, subsidiary, affiliated and associated companies, and their directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of, AWATECHNOLOGY use of the Submitter Content.
- You represent and warrant that:
- the Submitter Content you submit, and each and every of its component elements, are wholly original with you and not copied in whole or part from any other work;
- you have the full and complete right to grant the permissions given hereunder to AWATECHNOLOGY, and that no further permissions are required from, nor payments required to be made to any third party in connection with the use by AWATECHNOLOGY of the Submitter Content as contemplated herein; and
- the Submitter Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or company, or violate any law or judicial or governmental order.
- You hereby agree to indemnify and hold harmless AWATECHNOLOGY, its partners, coproducers, financiers and distributors, their parent, affiliated and related companies, and all of their respective individual shareholders, directors, officers, employees, licensees and assigns from and against any claims, actions, losses and expenses (including legal expenses) occasioned by any breach of your representations and warranties or any other provision of this license, release and waiver.
- You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against AWATECHNOLOGY all of which such rights are hereby expressly and irrevocably waived by you in favour of AWATECHNOLOGY.
- You acknowledge having obtained independent legal advice in connection with this license, release and waiver, failing which, you shall be deemed to have voluntarily waived the right to seek such independent legal advice.
- Except to the extent that they conflict with the license, release and waiver terms of the upload of your Photos, and/or Submitter Content, the general Terms and Conditions for use of the AWA Bike App are also applicable to your submission of Submitter Content and such Terms and Conditions are incorporated into this license. If those general AWATECHNOLOGY Terms and Conditions conflict with the terms and conditions of this license, release and waiver, this license, release and waiver will govern. Except as otherwise defined in this license, any capitalized terms shall have the meanings given to such terms in the general Terms and Conditions.