Acceptance of Terms

The following Terms of Use (“Agreement”) is a contract between you and LeadsAfrica Technology (hereinafter referred to as LeadsAfrica), a private limited company incorporated in Nigeria, and shall apply to anyone who uses the LeadsAfrica website and application.

By registering and signing up to use a LeadsAfrica account through our website and applications, you agree that you have read, understood, and accepted all of the terms and conditions contained in this Agreement, as well as our Privacy Policy. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations, and requirements of the jurisdiction in which you live that may be applicable to your use of the application.

Eligibility

This is a general audience site for adults. To use our services, you must be at least 18 years of age, with full legal capacity to accept this Agreement and enter into any transaction on the app. If as a parent or guardian, you become aware that your child or ward has provided us with any information without your consent, please contact us on hello@LeadsAfricahq.com. Your eligibility to access some of our services depends on the country in which you reside.

Software License

For businesses, we hereby grant you a revocable, non-exclusive, non-transferable license to use LeadsAfrica's APIs, developer's toolkit, and other software applications (the “Software”) in accordance with the documentation accompanying the Software. This license grant includes all updates, upgrades, new versions, and replacement software for your use in connection with LeadsAfrica's services.

If you do not comply with the documentation and any other requirements provided by LeadsAfrica, then you will be liable for all resulting damages suffered by you, LeadsAfrica, and third parties. Unless otherwise provided by applicable law, you agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile, or otherwise attempt to create any source code that is derived from the Software. Upon expiration or termination of this Agreement, you will immediately cease all use of any Software.

Warranties and Representations

• You have the full power, authority, regulatory approval, and corporate authorization to enter into, execute, deliver and perform this Agreement.
• You are duly organized, authorized, and in good standing under the laws of the Federal Republic of Nigeria or any state, region, or country of your organization and are duly authorized to do business in all other states, regions, or countries in which your business operates.

Charges and Fees

1. You agree to pay us for the services we render. Our Fees will be calculated based on the agreed pricing.
2. Subject to the terms of this Agreement, LeadsAfrica will send to your designated bank or card settlement account (“Bank Account”) all amounts settled and due to you from your transactions, minus our fees as stated in the Fee Schedule, any Reversals, Invalidated Payments, Chargebacks, Refunds, or other amounts that you owe to LeadsAfrica under this Agreement (“Payout”).
3. Should either Party in good faith have cause to dispute any amount appearing on an invoice submitted by the other Party pursuant to this Agreement (“Affected Invoice”), the affected Party shall, within Forty-Eight (48) hours of receipt of the Affected Invoice, notify the other Party in writing, of such dispute, specifying the Affected Invoice, the specific amount in dispute, and alleged reasons or grounds for dispute, failing which it will be deemed that the invoice is true and correct.
4. We reserve the right to revise our fees. In the event that we revise our fees, we will notify you within twenty-four (24) hours of such change.

Intellectual Property

Unless otherwise stated, LeadsAfrica and/or its licensors own the intellectual property rights and materials on the website subject to the license below. All text, formatting (including without limitation the arrangement of materials on the LeadsAfrica website and the graphics, animation, tools, commercials, music, video, articles, sound, copy, trade names, logos, and other materials and information on the website are subject to the intellectual property rights of LeadsAfrica and its affiliates and their licensors and licensees (collectively the “Content”).

We do not grant you any right, license, title, or interest to any of our intellectual property rights that you may or may not have access to. These Content may not be copied, reverse engineered, decompiled, disassembled, modified, or reposted to other websites. Nothing on the LeadsAfrica site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the LeadsAfrica website without the written permission of LeadsAfrica or such third party that may own the Trademark. You agree to take such actions including any legal or official document or other documents that may be needed to further affirm our intellectual property rights.

Confidential Information

1. The parties acknowledge that in the performance of their duties under this Agreement, either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning each party's services, know-how, technology, techniques, or business or marketing plans (collectively, the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of, the disclosing party.

Confidential Information does not include information that:

1. Is public knowledge at the time of disclosure by the disclosing party;
2. Becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party's obligations under this section or by breach of a third party's confidentiality obligations;
3. Was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party's confidentiality obligations; or
4. Is independently developed by the receiving party.
5. Becomes Public Knowledge or Known to the Receiving Party
6. Becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party's obligations under this section or by breach of a third party's confidentiality obligations.
7. Was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party's confidentiality obligations, or
8. Is independently developed by the receiving party.

2. Confidentiality Obligations

As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall:

• Not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party's Confidential Information.
• Not use the disclosing party's Confidential Information in any fashion except to perform its duties under this Agreement or with the disclosing party's express prior written consent.
• Disclose the disclosing party's Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party's internal business purposes.
• Take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement.
• Take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure.

Disclaimers

LeadsAfrica will always ensure that the website is available at all times and bug-free. However, it is used at your own risk.

Our website and services are provided “as is” without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, LeadsAfrica makes no warranty that our website and services will meet your requirements or that our website will be uninterrupted, timely, secure, or error-free.

No advice or information, whether oral or written, obtained by you through our website or from LeadsAfrica, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "LeadsAfrica parties") shall create any warranty.

Limitation of Liability

Your use of LeadsAfrica's site and services is at your own risk. You agree to the limitation liability clause to the maximum extent permitted by applicable law: LeadsAfrica will in no way be liable for any direct, indirect, incidental punitive, consequential, special or exemplary damages or any damages including damages resulting from revenue loss, profit loss, use, data, goodwill, business interruption or any other intangible losses (whether LeadsAfrica has been advised of the possibility of such damages or not) arising out of LeadsAfrica's website or services (including, without limitation to inability to use or arising from the result of use of LeadsAfrica's website or services) whether such damages are based on warranty, tort, contract, statute or any other legal theory.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on the scope and duration of such warranties, so the above disclaimers may not apply to you in their entireties, but will apply to the maximum extent permitted by applicable law.

Know Your Customer

For businesses, you agree that you are solely responsible for verifying your customers' identities, ensuring that they are authorized to carry out the transactions on your platform, and determining their eligibility to purchase your products and services.

You are also required to maintain information and proof of service or product delivery to your customer. Where a dispute occurs needing resolution, you may be required to provide LeadsAfrica with these.

Termination

• You may terminate this Agreement by closing your LeadsAfrica Account.
• We may suspend your LeadsAfrica Account and your access to LeadsAfrica's services and any funds, or terminate this Agreement, If:
  • You do not comply with or breach any of the provisions of this Agreement;
  • We are required to do so by law;
  • We are directed by a Card Network or issuing financial institution; or
  • Where a suspicious or fraudulent transaction occurs.

LeadsAfrica may take further actions it deems appropriate to deal with the breach, which may include suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Dispute Resolution

If a dispute of any kind whatsoever arises between the Parties in connection with or arising out of the execution of this Agreement, including but not limited to any dispute as to opinion, instruction, determination, assessment, estimate, valuation, certification or invoice submitted by a Party, or in connection with this Agreement construction, validity, interpretation, and enforceability of this Agreement shall be finally settled pursuant to the dispute resolution process described in this clause.

• The Parties shall use their best endeavors to settle any dispute or difference of opinion between them, arising from or in connection with this Agreement amicably through mutual discussion and negotiation pursuant to this clause.
• If the Parties are unable to settle the dispute as indicated above within 15 (fifteen) Business Days, the dispute shall be referred to Mediation by the legal representative of either of the Parties. The parties will choose a mutually acceptable mediator.
• The findings of the Mediator and subsequent award/Agreement shall be binding on both parties. Each Party shall bear its respective costs in connection with the Mediation.

Severability

The invalidity, illegality or unenforceability of any of the provisions of this Agreement shall not affect the validity, legality and enforceability of the remaining provisions of this Agreement.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

Without our prior written consent, you may not assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Data Protection

With respect to all the Personal Information belonging to, and/or processed in connection with LeadsAfrica or this website, such Personal Information at all times comply with all Data Protection Laws in the territory, in all respect and in particular the General Data Protection Regulation and all applicable data protection regulations in force. LeadsAfrica maintains a Privacy Policy which provides an overview of the Personal Information we collect about you or that you provide to us and how we store and use the information provided by you in line with applicable Data protection legislations. By using LeadsAfrica's Services, you consent to such processing and you commit to providing accurate information.

Governing Law

The formation, existence, construction, performance, validity and all aspects whatsoever of this Terms of Service or of any term of this Agreement will be governed by the Laws of the Federal Republic of Nigeria.