These terms of use (“Terms of Use”) mandate the terms on which users (“You” or ”Your” or “Yourself” or “Users”) interested in accessing EasyBud’s services and accessing the website www.myeasybud.com and the mobile application owned and operated by EasyBud Limited (“EasyBud”) collectively referred to as, the ”Website and/or Mobile Application” connects with the vendors, artisans, businesses registered on the website and/or mobile application (“Tied-up Businesses”), merchants and businesses not registered on the website and/or mobile application (“Non-tied up Businesses”) (together hereinafter referred to as “Businesses”) and with individual or corporate customers (“Users”) to avail EasyBud’s products and services.
Please read the Terms of Use carefully before using or registering on our website and/or mobile application or accessing any material or information through the Platform. By clicking on the “I Accept” button, you accept these Terms of Use and agree to be legally bound by the same.
Use of and access to the EasyBud website and/or mobile application is offered to you upon the condition of acceptance of all the terms, conditions, and notices contained in this Terms of Use, Privacy Policy, and Cookie Notice along with any amendments made by EasyBud at its sole discretion and posted on the website and/or mobile application from time to time.
For the purposes of these Terms of Use, the term ‘EasyBud’ or ‘Us’ or ‘We’ refers to EasyBud Limited. The term ‘You’ refers to the user or visitor of the Website and/or Mobile Application. When you use our services, you will be subject to the terms, guidelines and policies applicable to such service and as set forth in these Terms of Use. As long as you comply with these Terms of Use, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use our website and/or mobile application and access our services.
GENERAL TERMS RELATING TO EASYBUD’s SERVICES
Registration:
- To access the features of EasyBud’s website and/or mobile application and their services, and to connect with merchants and businesses, you will need to register an account on the website and/or mobile application by providing information about yourself (full name, address and phone number) as prompted by the website and/or mobile application. Your ability to continue accessing or using EasyBud’s products and services is subject to your continued registration on our website and/or mobile application.
- As a part of the registration, you may be required to undertake a verification process to verify your personal information and set up your account.
- You may register as an individual, business, or as an authorized representative of a business.
- You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of the access details to your account and that you are fully responsible and liable for any activity performed using your account access details.
- You hereby represent and warrant to us that by agreeing to our Terms of Use, you are at least 18 years of age. See clause V for details.
- We reserve the right to suspend or terminate your account, or your access to the website and/or mobile app, with or without notice to you, in the event that you breach these terms.
- You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements
- You can delete your profile registered in a specfic feature on our website and/or mobile application while maintaining your account.
Terms and Conditions of Sale:
You acknowledge and agree that:
- EasyBud provides a platform for vendors, artisans, professionals, and businesses to advertise and showcase their products and offers, and for potential buyers and guests to purchase products or access other services
- We shall accept binding sales/payment on behalf of vendors but (unless EasyBud is indicated as the vendor) EasyBud is not a party to the transaction between the vendors, artisans, businesses, and the buyer or guest; and
- a contract for services or the sale and purchase of a product or products will come into force between the guest or buyer and the vendor, artisan, professional, or business, and accordingly, you commit to offering the service, buying or selling the relevant product or products upon the buyer’s or guest’s confirmation of purchase or payment via the website and/or mobile application.
Subject to these general terms and conditions the vendor’s, artisan’s, professional’s, and businesses’ terms of business shall govern the contract for service or sale and purchase between the guest or buyer and the vendor, artisan, professional, or business. Notwithstanding this, the following provisions will be incorporated into the contract for service or contract of sale and purchase between the buyer or guest and the vendor, artisan, professional, or business:
- the price for a product/service will be as stated in the relevant product/service listing;
- the price for the product/service must include all taxes and comply with applicable laws in force from time to time;
- delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs, and charges where applicable will only be payable by the buyer/guest if this is expressly stated in the product/service listing; and delivery of digital products may be made electronically;
- products/services must be of satisfactory quality fit and safe for any purpose specified in and conform in all material respects to the product/service listing and any other description of the products supplied or made available by the vendor to the buyer; and
- in respect of physical products sold, the vendor warrants that the vendor has good title to and is the sole legal and beneficial owner of the products and/or has the right to supply the products under this agreement and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal insolvency or tax investigation or proceedings; and in respect of digital products the vendor warrants that the vendor has the right to supply the digital products to the buyer.
Bookings, Cancellation, Payments and Refunds (Let-In, Flight Bookings)
- This section applies strictly to EasyBud’s Let-In and Flight Booking services, and as such facilitates bookings with third party service providers (property owners, Third party service provider, etc.) and processes payments on behalf of these service providers.
- Pursuant to this section, and all other terms of this Terms of Use, the below shall apply in situations where a guest might be dissatisfied with Let-In services, or has cause to require a refund after making flight bookings through EasyBud’s website and/or mobile application:
- Let-In Refunds: Where a guest is dissatisfied with a property after having made a booking through our website and/or mobile application, the guest shall be refunded a certain amount.
- Flight Booking Refunds: Should a need for refund of fees paid for flight bookings arise under the terms and conditions of third-party service providers i.e. Travel Agencies, or Airlines arise, refunds would be processed in full, less any applicable service charges. Refunds may be processed through EasyBud or directly through the third-party service provider.
- Requests for refunds may be processed in writing through support@myeasybud.com or info@myeasybud.com.
Cancellation by user:
If you wish to cancel a booking/reservation, you must follow the cancellation policy of the respective third-party service provider. EasyBud will facilitate the cancellation process but does not have control over the third-party service provider’s policies.
Cancellation by service provider:
In the event that a service provider cancels your booking, EasyBud will work to ensure that you receive your refund or an alternative booking, subject to the policies of the third-party service provider.
Rating:
- You agree that, after completion of any transaction on the website and/or mobile application, the website and/or mobile application will prompt the user with an option to provide a service/product rating and comments about the vendor, artisan, professional or business (with respect to items purchased or the services offered); and
- EasyBud and its affiliates reserve the right to use, share, and display such ratings and comments in any manner in connection with the business of EasyBud and its affiliates without attribution to or approval of users and You hereby consent to the same. EasyBud and its affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, including an individual’s name or other personal information, or violate any privacy laws, other applicable laws or EasyBud’s or its affiliates’ content policies.
- Location: You acknowledge and agree that your geo-location information is required for you to avail EasyBud’s services and initiate transactions on the website and/or mobile application. You acknowledge and hereby consent to the monitoring and tracking of your geo-location information. In addition, EasyBud may share your geo-location information with vendors and/or businesses (as the case maybe).
Eligibility to Use:
- EasyBud’s Services are not available to minors i.e., persons under the age of 18 (eighteen) years or to any users suspended or removed by EasyBud from accessing the website and/or mobile application for any reason whatsoever. You represent that you are of legal age to form a binding contract and are not a person barred from receiving, using, or availing EasyBud’s services under the applicable laws.
- EasyBud reserves the right to refuse access to the website and/or mobile application, at any time to new users or to terminate or suspend access granted to existing users at any time without according any reasons for doing so.
- You shall not have more than 1 (one) active Account (as defined below) on the website and/or mobile application. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party or impersonating any other person for the purpose of creating an account within the website and/or mobile application.
Representations and Warranties:
- Subject to compliance with the Terms of Use, EasyBud grants you a non-exclusive, limited privilege to access and use this website and/or mobile app and EasyBud’s services.
- You agree to use the website and/or mobile application only: (i) for purposes that are permitted by these Terms of Use; and (ii) in accordance with any applicable law, regulation, or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the website and/or mobile application by EasyBud or hosts and other Users.
- You represent and warrant that you have not received any notice from any third party, or any governmental authority, and no litigation is pending against you in any court of law, that prevents you from accessing the website and/or mobile application and/or availing EasyBud’s services.
- You represent and warrant that you are legally authorized to view and access the website and/or mobile application and avail EasyBud’s services.
- You agree not to access (or attempt to access) the website and/or mobile application by any means other than through the interface that is provided by EasyBud. You shall not use any deep link, robot, spider, or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the website and/or mobile application, or in any way reproduce or circumvent the navigational structure or presentation of the website and/or mobile application, materials or any EasyBud Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website and/or mobile application.
- You acknowledge and agree that by accessing or using the website and/or mobile application, you may be exposed to content from others that you may consider offensive, indecent, or otherwise objectionable. EasyBud disclaims all liabilities arising in relation to such offensive content on the Platform.
- Further, you undertake not to:
- defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;
- do any such thing that may harms minors in any way;
- copy, republish, post, display, translate, transmit, reproduce or distribute any EasyBud Property through any medium without obtaining the necessary authorization from EasyBud;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
- engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
- attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any EasyBud server, or through the Platform, by hacking, password mining or any other illegitimate means;
- probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
- disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
- collect or store data about other Users, Merchants and businesses in connection with the prohibited conduct and activities set forth herein;
- use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
- use the Platform or any material or EasyBud Property for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- impersonate any other User, Merchant, Staff or person;
- violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
- violate the Terms of Use contained herein or elsewhere;
- threatens the unity, integrity, defense, security or sovereignty of Nigeria, friendly relation with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting for any other nation; and
- reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
- You agree and acknowledge that the use of the EasyBud’s services offered by EasyBud is at your sole risk and that EasyBud disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability, and fitness for any purposes are excluded to the fullest extent permitted by law.
- Without prejudice to the above, EasyBud makes no representation or warranty that EasyBud’s services will meet your requirements.
- All materials/content on our website and/or mobile application (except any third-party content available on the website and/or mobile app), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, ”Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by EasyBud. You acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our website and/or mobile app, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity, without EasyBud’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our website and/or mobile application or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, EasyBud hereby grants you a non-exclusive, freely revocable (upon notice from EasyBud), non-transferable access to view the Material on the website and/or mobile application.
Intellectual Property Rights:
- The website and/or mobile application, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm, and computer code (and any combination thereof), except any third party software available on the website and/or mobile application, is owned by EasyBud (“EasyBud Property”) and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such EasyBud Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use EasyBud Property without the prior written consent of EasyBud.
- The trademarks, logos, and service marks displayed on the website and/or mobile application ("Marks") are the property of EasyBud, except any trademark, logos, and service marks of third parties available on the website and/or mobile application. You are not permitted to use the Marks without the prior consent of EasyBud or such third party as may be applicable.
Disclaimer of Warranties & Liabilities
You expressly understand and agree that to the maximum extent permitted by applicable law:
- The website and/or mobile application and EasyBud’s property, EasyBud’s services are provided by EasyBud on an “as is”; basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, EasyBud makes no warranty that (i) the website and/or mobile application, EasyBud’s services will meet your requirements, or your use of the website and/or mobile application will be uninterrupted, timely, secure, or error-free; (ii) the quality of the website and/or mobile application will meet your expectations; or (iii) any errors or defects in the website and/or mobile application will be corrected. No advice or information, whether oral or written, obtained by you from EasyBud shall create any warranty not expressly stated in the Terms of Use.
- EasyBud will have no liability related to any user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. EasyBud also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user content.
- EasyBud will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the website and/or mobile application either with or without your knowledge.
- EasyBud shall not be responsible for the delay or inability to use the website and/or mobile application, EasyBud’s services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the website and/or mobile application, or otherwise arising out of the use of the website and/or mobile application, whether based on contract, tort, negligence, strict liability or otherwise. Further, EasyBud shall not be held responsible for the non-availability of the website and/or mobile app during periodic maintenance operations or any unplanned suspension of access to the website and/or mobile application that may occur due to technical reasons or for any reason beyond EasyBud’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at your discretion and risk and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.
Indemnification and Limitation of Liability
- You agree to indemnify, defend and hold harmless EasyBud and its affiliates including but not limited to its officers, directors, consultants, agents, and employees ("Indemnitees") from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by you under these Terms of Use. Further, you agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website and/or mobile application, EasyBud’s services, any misrepresentation with respect to the data or information provided by you in relation to the Account, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights.
- In no event shall the Indemnitees, be liable to you or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with your use of or access to our website and/or mobile app or EasyBud’s property on the website and/or mobile application.
- Your indemnification obligation under the Terms of Use will survive the termination of your Account or use of our website and/or mobile application or EasyBud’s services.
- Subject to applicable laws, in no event will EasyBud or its employees aggregate liability, arising from or related to EasyBud’s services or the use of the website and/or mobile app, shall not exceed N 10,000 for any and all causes of actions brought by you or on behalf of you.
- The website and/or mobile application, and EasyBud’s services are only available to users located in Nigeria. Users shall not access or use the website and/or mobile application from any other jurisdiction. If a user accesses or uses the website and/or mobile application from any other jurisdiction except for Nigeria, the User shall be liable to comply with all applicable laws and EasyBud shall not be liable for the same, whatsoever.
Violation of the Terms of Use
- You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to the Company/Client, as the case may be, for which monetary damages would be inadequate, and you consent to the Company/Client obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances.
- These remedies are in addition to any other remedies that the Company/Client may have at law or in equity. If the Company/Client takes any legal action against you as a result of your violation of these Terms of Use, they will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
Additional Terms
We may also require you to follow additional rules, guidelines, or other conditions in order to participate in certain promotions or activities available through our website and/or mobile application. These additional terms shall form a part of this Terms of Use, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
Link to Third Parties
- Our website and/or mobile application may contain links to other sites owned by third parties (i.e., advertisers, affiliate partners, strategic partners, or others). EasyBud shall not be responsible for examining or evaluating such third-party websites, and EasyBud does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third-party websites.
- EasyBud does not assume any responsibility or liability for the actions, products, and content of any such third-party websites. Before you use/access any such third-party websites, you should review the applicable terms of use and policies for such third-party websites. If You decide to access any such linked third-party website, you do so at your own risk.
Term and Termination
- The Terms of Use will continue to apply until terminated by either you or EasyBud as set forth below. If you object to the Terms of Use or are dissatisfied with our website and/or mobile app or EasyBud’s services. Your only recourse is to:
- close your account on our website and/or mobile application; and/or
- stop accessing our website and/or mobile application.
- EasyBud may, in its sole discretion, bar your use of EasyBud’s services at any time, for any or no reason. Even after your account with EasyBud is disabled, dormant, or made inactive, the terms agreed by you at the time of registration will remain in effect.
- The Company may delist you or block your future access to its website and/or mobile app or suspend or terminate your Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.
- Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until EasyBud chooses to terminate them.
- You hereby agree and acknowledge, that upon termination, EasyBud shall have the right to retain all information pertaining to the transactions initiated by you on its website and/or mobile application.
Governing Law
These Terms of Use shall be governed by and construed under the laws of the Federal Republic of Nigeria without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals applicable authorities in Lagos State.
Report Abuse
In the event you come across any abuse or violation of these Terms of Use or if you become aware of any objectionable content on the Platform, please report the same to the following e-mail id: support@myeasybud. In case you have any queries with respect to the Terms or the EasyBud’s services, please write to us at (legal@myeasybud.com)
Communications
You hereby expressly agree to receive communications by way of SMSs and/or e-mails from EasyBud, or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, you may still receive communications from your end with respect to your use of the EasyBud’s service.
General
Amendments:
EasyBud reserves the unconditional right to modify or amend this Terms of Use without any requirement to notify you of the same. You can determine when this Terms of Use was last modified by referring to the "Last Updated" legend below. It shall be your responsibility to check this Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify your consent to such changes and agreement to be legally bound by the same.Notice:
All notices from EasyBud will be served by email to Your registered email address or by general notification on the Platform.Assignment:
You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. EasyBud’s rights under the Terms of Use are freely transferable by EasyBud to any third party without the requirement of informing You or seeking Your consent.Severability:
If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.Waiver:
Any failure by EasyBud to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by EasyBud of that provision or right.Integration:
These Terms of Use together with EasyBud’s Privacy Policy and any other legal notices, communications published by EasyBud on its Platform, and any other agreements executed between You and EasyBud shall constitute the entire agreement between you and EasyBud concerning its Platform, EasyBud Services and governs Your use of the Platform and EasyBud Service, superseding any prior agreements between You and EasyBud with respect to the Platform and EasyBud Service.IP Infringement:
If you believe our website and/or mobile application infringes your intellectual property, you must promptly notify EasyBud in writing at [legal@myeasybud.com]. These notifications should only be submitted by the owner of the intellectual property, or an agent duly authorized to act on his/her behalf. However, any false claim by you may result in the termination of your access to our website and/or mobile application. You are required to provide the following details in your notice:- The intellectual property that you believe is being infringed;
- The item that you think is infringing and include sufficient information about where the material is located on the website and/or mobile application;
- A statement that you believe in good faith that the item you have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the website and/or mobile application;
- Your contact details, such as your address, telephone number, and/or email;
- A statement that the information you provided in your notice is accurate and that you are the intellectual property owner, or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
- Your physical or electronic signature.