Terms of Service

Legal

Effective on 1st October, 2019.

TERMS OF USE

  1. Contractual Relationship

 

These Terms of Use (“Terms”) govern the access or use by you, an individual, from within any country in the world of applications, websites, content, products, and services (the “Services”) made available by DON’Q TECHNOLOGIES RC Number: 2940537, a private company established and registered under Nigeria Corporate Affairs Commission, and the Port Harcourt Chamber of Commerce and Industry, Mining and Agriculture (PHCCIMA), under number 550 (“DON’Q”), having its international headquarter contact office at Royal Victoria 3801Rue University, Montreal, QC H3A 1A1.

 

1.2 Definitions and Interpretation

 

For the purposes of this Agreement and the preamble above, unless the context requires otherwise:

Acceptable Use Restrictions has the meaning given to it in clause 5;

Agreement means this Agreement;

Account means your personal account with DON'Q;

Credentials means your personal credentials used to access the App and operate your Account;

Credit Reference Bureau includes any financial institution or a credit reference bureau duly licensed under the laws and regulations of your country at every given time, to inter alia, collect and facilitate the sharing of customer credit information;

Electronic Money means a monetary value that is electronically stored in an instrument or device representing an equal amount of cash;

Electronic Payment Service means the payment service delivered in electronic form by a licensed payment service provider in accordance with the laws and regulations of your country;

Electronic Payment System means the facility operated by the Payment System Provider for the provision of the Electronic Payment Service;

Encumbrance includes any mortgage or charge (whether legal or equitable), lien, option, security interest, restrictive covenant, pledge, assignment, title retention, trust arrangement or other restriction of any kind or other encumbrance securing or any right conferring a priority of payment in respect of any obligation of any person;

Equipment includes your mobile phone handset, SIM Card and/or other equipment which when used together enables you to access the Network;

Loan means the principal amount of the loan made or to be made by DON’Q TECH. to you under this Agreement from time to time through the App or (as the context requires) the principal amount outstanding for the time being of that loan;

Mobile Network Operator means a mobile network operator in your country licensed in accordance with the relevant laws and regulations;

Network means a mobile cellular network operated by a Mobile Network Operator;

Payment System Provider means a Mobile Network Operator, Deposit Banks, and other financial institutions that has been duly licensed by the laws and regulations of your country to provide electronic payment services in your country;

Privacy Policy means the DON’Q TECH. privacy policy that sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us;

Request means a request or instruction received by DON’Q TECH. from you or purportedly from you through the Network and the Electronic Payment System and upon which DON’Q TECH. is authorized to act;

Services shall include any form of financial logistics services or products that DON’Q TECH. may offer you pursuant to this Agreement and which you may from time to time subscribe to; and “Service” shall be construed accordingly;

SIM Card means the subscriber identity module which when used with the appropriate mobile phone handset enables you to access the Network and in some cases to use the Value Storage Account (as defined below);

SMS means a short message service consisting of a text message transmitted from your mobile phone to another;

System means DON’Q TECH.’s electronic communications software enabling you to communicate with DON’Q TECH. for purposes of the Services. The System and the Services will for the purpose of this Agreement be accessed through the Electronic Payment System;

Transaction Fees includes any fees and charges payable for the use of the Services as published by DON’Q TECH. on DON’Q TECH.’s website or by such other means as DON’Q TECH. shall in its sole discretion determine. Transaction Fees are subject to change at any time at DON’Q TECH.’s sole discretion; and

Value Storage Account means your electronic money store of value, being the record maintained by a Payment System Provider from time to time held by you in the Electronic Payment System.

 

 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

 

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and DON'Q. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. DON’Q TECH. may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

 

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

 

DON’Q TECH. may amend the Terms related to the Services from time to time. Amendments will be effective upon DON'Q posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

 

Our collection and use of personal information in connection with the Services is as provided in DON'Q Privacy Policy located at donq.live/legal. DON’Q TECH. may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a bank, other licensed financial institutions, transportation network company driver, and others whom DON'Q may deem necessary) and such information or data is necessary to resolve the complaint, dispute or conflict.

 

  1. The Services

 

The Services constitute a technology platform that enables users of DON'Q mobile applications or websites provided as part of the Services (each, an “Electronic Application”) to offer transactions in finance, education, medical, legal, housing, faith, telecom, agriculture, energy, marine, construction, entrepreneurship, entertainment, avaition, nonprofit, transportation, government, and/or logistics services with independent third party providers of such services, including independent third party banking, medical, legal, energy, marine, political, construction, telecom, education, hospitality and transportation providers and independent third party logistics providers under its license or agreement with DON’Q TECH. or certain of DON'Q affiliates (“Third Party Providers”). Unless otherwise agreed by DON’Q TECH. in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT DON’Q TECHNOLOGIES DOES NOT PROVIDE BANKING, EDUCATION, MEDICAL, TELECOMMUNICATION, ENERGY, MARINE, LEGAL, CONSTRUCTION, HOSPITALITY, CHARITY, POLITICAL, AVAITION, TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A EITHER OF THE AFOREMENTIONED CARRIER AND THAT ALL SUCH AFOREMENTIONED OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS OR LICENSED COMPANIES WHO ARE NOT EMPLOYED BY DON’Q TECH. OR ANY OF ITS AFFILIATES.

 

License.

 

Subject to your compliance with these Terms, DON’Q TECH. grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by DON’Q TECH. and DON'Q licensors.

 

Restrictions.

 

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by DON'Q; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

Provision of the Services.

 

You acknowledge that portions of the Services may be made available under DON'Q various brands or request options associated with banking, legal, education, telecommunication, governance, agriculture, entertainment, entrepreneurship, hospitality, charity, energy, marine, transportation and or logistics. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of DON'Q subsidiaries and affiliates; or (ii) independent Third Party Providers, including financial and educational institutions, telecommunication and hospitality companies, legal services professionals/consultants, energy and marine companies/ consultants, entertainment companies, entrepreneurship consultants, transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.

 

Third Party Services and Content.

 

The Services may be made available or accessed in connection with third party services and content (including advertising) that DON’Q TECH. does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. DON’Q TECH. does not endorse such third party services and content and in no event shall DON’Q TECH. be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

 

Ownership.

 

The Services and all rights therein are and shall remain DON'Q's property or the property of DON'Q licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner DON'Q company names, logos, product and service names, trademarks or services marks or those of DON'Q licensors.

 

  1. Your Use of the Services

 

User Accounts.

 

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to DON’Q TECH. certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or DON'Q's termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by DON’Q TECH. in writing, you may only possess one Account.

DON'Q membership is FREE forever. We do offer various services also with charges, to extend its features and use. That allows us to put 100% of our focus on not only excellent service delivery but also fanatical customer satisfaction.

YOU AGREE THAT ALL DON'Q FINANCIAL TRANSACTIONS ARE SOLELY FOR eCOMMERCE PURPOSES and all service charges are obtained exclusively for your use of the ecommerce social interactions on the DON'Q mobile app.

Taxes and Government Regulations. Any factor governed by the regulatory body will be effective, and as a user, you agree to all of these terms such as tax laws, and regulatory requirements. This clause applies to the extent services furnished outside this agreement are subject to regulation by a regulatory body. DON'Q shall not be liable in the case of any violation. 

 

User Requirements and Conduct.

 

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive financial, hospitality, transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g, no fraudulent financial transaction, transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

 

Text Messaging.

 

By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from DON’Q TECH. at any time by following the directions found at htttp://donq.live/SMS-unsubscribe. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

 

Promotional Codes.

 

DON’Q TECH. may in DON'Q's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that DON’Q TECH. establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by DON'Q; (iii) may be disabled by DON’Q TECH. at any time for any reason without liability to DON'Q; (iv) may only be used pursuant to the specific terms that DON’Q TECH. establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. DON’Q TECH. reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that DON’Q TECH. determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

 

User Provided Content.

 

DON’Q TECH. may in DON'Q's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to DON’Q TECH. through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to DON'Q, you grant DON’Q TECH. a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and DON'Q's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

 

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant DON’Q TECH. the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor DON'Q's use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by DON’Q TECH. in its sole discretion, whether or not such material may be protected by law. DON’Q TECH. may, but shall not be obligated to, review, monitor, or remove User Content, at DON'Q's sole discretion and at any time and for any reason, without notice to you.

 

Network Access and Devices.

 

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. DON’Q TECH. does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

  1. Payment

 

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, DON’Q TECH. will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, national, provincial and municipal tolls, airport surcharges and processing fees for split payments, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by DON'Q. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. DON’Q TECH. will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

 

All Charges are due immediately and payment will be facilitated by DON’Q TECH. using the preferred payment method designated in your Account, after which DON’Q TECH. will send you a notification by in –app message and or receipt by email. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that DON’Q TECH. may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.

If you buy any of our paid Services ("Premium Services"), you agree to pay us the applicable fees and taxes and to additional charges specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also you agree that:

Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.

If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.

We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

As between you and DON'Q, DON’Q TECH. reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in DON'Q's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. DON’Q TECH. will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. DON’Q TECH. may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s transaction or arrival, in which case the transaction may have occurred or you may be charged a cancellation fee.

 

This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to medical, hospitality, or taxicab transportation services requested through the Application, DON’Q TECH. does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by DON’Q TECH. (on DON'Q's website, in the Application, or in DON'Q' marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that DON’Q TECH. provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

 

  1. Disclaimers; Limitation of Liability; Indemnity.

 

DISCLAIMER.

 

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DON’Q TECH. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DON’Q TECH. MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DON’Q TECH. DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

LIMITATION OF LIABILITY.

 

DON’Q TECH. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF DON’Q TECH..HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DON’Q TECH. SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF DON’Q TECH..HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DON’Q TECH. SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DON’Q’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY FINANCIAL INSTITUTIONS, HOSPITALITY, TRANSPORTATION PROVIDERS PROVIDING SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY MAKE/OFFER FINANCIAL ERRORS, COMMUNICATION DELAYS/BREAKDOWNS, ROOMSHARING, RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL DON’Q’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS (N37.000).

 

DON’Q’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE FINANCIAL TRANSACTIONS, HOSPITALITY, EDUCATION, CHARITY, COMMUNICATION, POLITICAL, TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT DON’Q TECH. HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY FINANCIAL TRANSACTIONS, LEGAL, MEDICAL, HOUSING, CONSTRUCTION, ENERGY, MARINE, HOSPITALITY, EDUCATION, ENTERTAINMENT, ENTREPRENEURSHIP, CHARITY, COMMUNICATION, POLITICAL, TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

 

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

Indemnity.

 

You agree to indemnify and hold DON’Q TECH. and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) DON'Q's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

 

  1. Governing Law; Arbitration.

 

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Nigeria, excluding its rules on conflicts of laws. The Vienna Convention on the international Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Port Harcourt, Nigeria, without prejudice to any rights you may have. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the Nigeria Chamber of Commerce and Industry, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

 

  1. Other Provisions

 

Claims of Copyright Infringement.

 

Claims of copyright infringement should be sent to DON'Q designated agent. Please visit DON'Q web page at www.donq.live./legal for the designated address and additional information.

 

Notice.

 

DON’Q TECH. may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to DON’Q TECH. by written communication to DON'Q headquarter address at Royal Victoria 3801Rue University, Montreal, QC H3A 1A1. Or 5th Street, Block 4, Flat 4, Elekahia Housing Estate, P.O Box 4145, Port Harcourt, Rivers State, Nigeria

 

General.

 

You may not assign or transfer these Terms in whole or in part without DON'Q's prior written approval. You give your approval to DON’Q TECH. for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of DON'Q's equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, DON’Q TECH. or any Third Party Provider as a result of the contract between you and DON’Q TECH. or use of the Services.

 

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

By going on to register, you agree and consent that the parties (you "USER" and company "DON'Q") have executed this Agreement as of the date first written.