Effective: 15th January, 2020
These Terms of Service governs 'Our' relationship with 'You' in the use of Performeter, including Performeter websites, mobile application, ads, brand, notifications, and other enclosed services, altogether termed 'Services', as well as all information, photos, text, audios, graphics, videos, charts and other materials, termed 'Contents'. This Terms of Service supersedes any prior agreement We may have had with You.
By downloading, browsing, accessing or using Performeter website or the mobile application or any of the Services, you agree to be bound by these Terms of Service. We reserve the right to revise these Terms of Service at any time. If you disagree with any part of these Terms of Service, you must instantly terminate your access and discontinue your use of all the Services offered on the both the website and the mobile application.
In these Terms of Service, the following Capitalized terms shall have the following meanings, except where the context requires the contrary:
"We", ''Our'', or "Us" means I-nodea Solutions Limited, Abuja, Nigeria, owners of Performeter.
"You" means a user of the Service, whether registered or unregistered
"Account" means an account created by a User on the Services as part of Registration.
"Register" means to create an Account on the Services and "Registration" means the act of creating such an Account.
"Services" means all the services provided to Users by Performeter websites, mobile application, ads, brand, notifications, and other enclosed services, and "Service" means any one of them.
"Users" means users of the Services, including You, whether registered or unregistered, and "User" means any one of them, while "Guest" means unregistered User.
"Representatives" means a registered User who is a member of Nigerian Parliament.
"Executives" means President or Governor, and other appointees or officials working under them
"Constituency" means the Nigerian parliamentary geopolitical delineation of Users
"Contents" means all information inform of photos, text, audios, graphics, videos, charts and other materials that may be shared through the Services, and "Content" means any one of them.
"Post" means any Contents made available through the Services, and "Content" means any one of them.
"Performeter Website" or the "Website" means all online Contents accessed through www.Performeter.com.ng or www.Performeter.org or www.Performeter.com
"Mobile Application" or "Application" means the Services and Contents accessed through a mobile application downloadable from the Google PlayStore or IOS platform or the Website or through any other website or platform.
2. Use of Service
Performeter Services is proposed solely for Users who are Nigerians within the Nigerian political space, and no less than 18 years of age, who access the Services via Performeter Website and/or the Mobile Application. To use the Services as a registered User, you guarantee that You have met the above requirements, and that You are a person, not an organization or any other type of legal entity. By use of the Services, You also guarantee that You are not barred by relevant laws from receiving these Services.
If You use these Services outside of Nigeria, You do so on your own will and completely absolve Us, and transfer to yourself, the consequences and the responsibility of compliance with all applicable laws.
Performeter Services allow constructive engagement of citizens with one another and their Representatives and Executives, therefore, are for non-commercial, personal use only, and must not in any way be used for business purposes.
We reserve the rights to suspend all or any part of the Services, or prevent You from using or accessing any or all the Services without prior notice.
4. Service Contents
The responsibility for what content You make available, and your use of the Service is solely on you. The obligation is also on You to comply with the applicable laws and regulations in sharing any Content with others.
Since Users bear full responsibility of the Content they share, We do not recommend, validate or warranty the veracity of such Contents through the Services. Therefore, use or dependence on any of the Content through the Service is at your own risk. Through your use of the Service, You recognise that You might come across Contents that are misleading, unpleasant, hurtful or mischaracterized. We may not be able to monitor all the Contents posted by Users, but We have provided You with a report tool to notify Us of such Content. When We come across any such Content or any other Content that We believe infringes on Intellectual Property of others, We shall instantly remove it without prior notice and any liability to You. You are required to respect Intellectual Property Rights of others. If you believe other Users of the Service have infringed on your Rights through the Contents they shared, contact Us through our mailing address admin@Performeter.org. If You believe that We removed your content based on error of judgement, You can send your appeal to Us through the above electronic mail address.
5. Your Rights
For all the Contents that You post or submit through the Services, You reserve the right to them. You agree to share the right with Us in a non-exclusive, global and compensation-free terms to use, copy, reproduce, modify, publish, distribute (through any media)and make available to third-parties, all such Contents originating from You. You give Us express permission to make your content accessible to anyone around the world, and for other Users to share too. You assure Us that You have the required rights to post any content that You share through the Services.
6. Your Obligation
By the use of the Services, You completely commit to these obligations:
You warrant the genuineness and accuracy of all information You provide during your account creation, and in all subsequent Contents you post. You also warrant that You will timely update your account information of any new changes.
You warrant that all Post made through your account comes from or through You. By this, You guarantee that You will not transfer your account, or share your password or account with anyone or take any action that might compromise the security of your account. All post from your account shall be treated to be from You.
You pledge that You will not create an account for anyone other than yourself without permission. You agree that You will create only one account for yourself.
You undertake not to use the Services to post contents that appear or can be considered to be grossly offensive, defamatory, threatening, gory, indecent or pornographic, intended to cause inconvenience, anxiety, annoyance, fear or intimidation to the other User or any other persons. You further undertake not to post any content that is in any way calculated to rouse animosity against any political, ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity
You agree not to post any content that constitutes a criminal offense or violates the law or infringes on the rights of other Users or other persons from any part of the world.
You warrant not to post any material like a corrupted file, computer malware, virus or worm that is technically destructive to the Services or other Users' devices. You are also not to undertake any action that inhibits or restricts other users from fully enjoying the Services.
You are not to extract, intercept or hack any data or Contents of the Services not meant for You, or perform any unauthorized form of network monitoring. You are barred from any breach of Our security to gain unauthorized access to our server or other Accounts.
Unless You obtained written permission from Us, You are not to decompile, modify, extract source code or create a copy of the mobile application software or any of the Services.
You are to use the Services for no other purpose other than that which it was intended for. You affirm not to use it for fraudulent purposes, but to conform to accepted Internet best practice.
You are not to use Our Trademarks or any closely looking marks, or copyrights. To do the contrary, You must obtain express written permission from Us. The services are protected by copyright, trademark and other applicable laws of Nigeria and other countries.
You must not through any of your Post disclose another User's or third-party's personal identification documents or sensitive financial information.
7. General Use of Service
The scope of the services may continually change based on Our review. This means that We may discontinue with some features and or add new ones. We reserve the exclusive right to modify, upgrade, limit or discontinue any or all the services, including individual Accounts without any liability to You.
You agree that as part of the Service, We or a third-party partner, may include adverts as part of the Contents. In doing do, We may use materials posted by You or others. By the use of the Service, You authorize Us to do so without any obligation to You.
Account creation is needed to access all of the Services, however, You can still access few of the Services as a Guest without creating an Account. To properly protect your Account, use a very strong password that You have not used elsewhere when opening the account. We do our best to keep your Account and the rest of the Services safe, though we cannot guarantee it, so You bear the responsibility to protect your account by following the instructions contained in this Terms of Service. Also, as part of the Services, We may send administrative messages to You, of which You have no option to opt out of; ensure the accuracy of your contact number and email always.
We provide you with a license for the Services as provided by Us, as governed by these Terms of Service. The license is personal, royalty-free, non-transferable and non-exclusive. You may make suggestions or send feedbacks that We may use to improve the Services. Such suggestions and feedbacks are entirely voluntary and We are free to use them as we deem fit without any liability or compensation to You.
All rights, title, structure and Contents (exclusive of contents posted by Users} of the Services are Our exclusive property.
10. Mobile and Other Services
As part of the Services, mobile application is made available to Users at no cost, but You are to be mindful that your mobile carrier's charges for text messages and data still apply. You give your consent to other Users to synchronize their devices with materials available to them on the Services.
We make no guarantee that the mobile application or the Services will be free of faults, errors and omissions, and We accept no liability should they occur. If You notice such errors, faults or omissions, send Us your concerns through admin@Performeter.org. We also make no guarantee that the Services or mobile application will be uninterrupted nor the contents transmitted through it accurate, timely and devoid of harmful materials to your devices.
We reserve the right to block, remove or modify any material or any of the Services, which might be in breach of these Terms of Service, from the mobile application or the rest of the Services at any time without prior notice. Access to the mobile application or the Services may be suspended, restricted or terminated at any time to allow for repairs, updates or protection of the rights of other Users.
You agree that occasionally, the mobile application may download and install upgrades and updates from Us so as to debug, add new features, and further improve the Services.
11. Commercial Contents/Advertisement
We deliver advertising and other sponsored contents in a cultured manner and in a way valuable to You and the advertisers. You agree that Advertisers pay Us to display their contents within the Services in a way visible to You without any compensation to You.
11.1. Advertisers' Requirements
All adverts and sponsored contents to be delivered through the Services must go through Us for vetting and authorization. No form of negative advertising will be allowed. We encourage political advertisers to focus their message or advert Content only on their expected, promised or proposed contributions, and none on their opponents or rivalry or their affiliations.
12. Intellectual Property Rights
All contents, information, graphs, charts, pictures, art works, statistics, images, texts, offered as part of the Services are exclusively owned by Us, or Our partners and should not in part or in whole be reproduced, sold, disseminated or circulated outside of the Services without obtaining a written permission from Us.
You are not by anyway granted right to use any of our trademarks, name or symbols without written permission. All rights not explicitly granted here, are reserved. Any violation of our Intellectual Property Rights may require Us to take legal action to the full stretch of the law.
All of Our rights and obligations under this Terms of Service are transferable at will by Us in event of sale of assets, merger or, acquisition or by action of law or otherwise.
13. Suspension and Termination Of Terms
Any time You choose not to continue with the Services, You can deactivate your Account by contacting the admin.
We can suspend your Account at our own discretion if We believe that You have breached any part of these Terms of Service or based on other reasons We deem strong enough, or You create a legal problem or concern for Us. We may, but under no warranty, notify You of Our action through your registered electronic mailing address on any attempt to access the Account. We are not obligated to state reason(s) for suspending your Account when We do so.
In any case that you terminate your account, these Terms of Service shall terminate, but the following provisions will remain active: 1, 3-7, 9, 11.1 and 12-16.
14. Disclaimer and Exclusions of Liability
Performeter mobile application, the Services, all the information, Contents and use of all related facilities are delivered ''as is'' or as they are made available with no warranty expressed or implied.
To the maximum extent permitted by applicable law, we disclaim all representations, warranties, responsibilities and liabilities for: (a) accuracy, truthfulness, wholeness, aptness, availability, security or dependability of any Content or the Services. (b) the loss, erasure, inability to store or transmit any of the Content or the Service (c) freedom from data loss or computer virus or other invasive or damaging code or not be affected by any acts of God or other force majeure events, including inability or failure of information technology or telecommunications equipment or facilities or other harms that might result from the use of the Services or accessing the Contents (d) constant availability, secure or error-free delivery of the Services or the Contents. (e) the accuracy, relevance, timeliness, or completeness of any information on external websites that have their links published as part of the Contents or the Services. (f) data reading, monitoring or susceptibility to interception by others or unauthorized third-parties in the course of being transmitted to or from the Services.
No information, advice, clarification, or response to enquiry, whether written or oral, obtained from Us in relation to the Services, will form any warranty or representation not explicitly made here.
We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by You in connection to the use of the Services or conduct or Content of any third party on the Services including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties. Indirect, consequential, collateral, special or incidental loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
15. Enforcement, Disputes, Applicable Law and Jurisdiction
In the event that any portion of these Terms is found to be invalid or unenforceable, then that provision will be excluded to the minimum extent necessary, and the remaining portions of these Terms will remain in full force and effect. Our failure to enforce any portion of these Terms or right, will not be considered a waiver of that provision or right.
Nothing in this Terms of Service shall stop Us from complying with the law. Any resolution of dispute, cause of action or claim arising from this Terms or Use of the Services shall be done in the Federal High Court, Abuja, Federal Capital Territory of Nigeria. Without conflict of Law provisions, you agree to submit to the jurisdiction of this court for litigation of afore-mentioned claims or disputes. The laws of the Federal Republic of Nigeria shall govern this Terms of Service.
If any claim is made against Us as relating or a result of your actions or content shared in your use of the Service, be it in part or whole, You will indemnify and hold Us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
As the Services evolve, these Terms of Service may change as We deem fit. Such changes will not be enforced retrospectively, but will instantly takes effect from the day it will be published. We shall notify You of all new changes through the mobile application and the website.
Your continued use of the Services after amendment to the existing Terms of Service constitutes your acceptance to the new Terms.
Any amendment to or waiver of this Terms must be delivered in writing and signed by Us.