Terms and Conditions
1. ACCEPTANCE OF TERMS
These Terms and Conditions (the “Terms”) govern the relationship between you
and Fire9ja.com (BIN Ltd), a legal entity incorporated under the laws of the
Republic of Nigeria, (“we” “us” “our” or the
“Company”) regarding your use of the Company’s website and other
services (the “Website” or the “Service”), including all textual, graphic,
video, music, software and other content available through the Service (the
“Content”). Read more: https://fire9ja.com/terms-and-conditions/
2. Your access and use of
the Service constitutes your agreement to be bound by these Terms, which
establish a legally binding contractual relationship between you and the
Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THIS
SERVICE
3. Please review also our
Privacy Policy the terms of the Privacy Policy and other supplemental terms,
policies or documents that may be posted on the Service from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms at any time
and for any reason.
4. Unless otherwise
expressly provided herein, we will alert you about any changes by updating the
“Last updated” date of these Terms and you waive any right to receive
specific notice of each such change.
5. THESE TERMS CONTAIN IMPORTANT
DISCLAIMERS (ITEM 7), DISCLAIMERS OF WARRANTIES (ITEM 11), LIMITATION OF
LIABILITY (ITEM 12), AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY
TRIAL, RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION
(ARBITRATION AND CLASS ACTION WAIVER).
6. IF YOU DO NOT AGREE
WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE
BOUND BY THESE TERMS, THEN DO NOT ACCESS OR USE THE WEBSITE AND THE SERVICE.
7. IMPORTANT DISCLAIMERS
WE MAKE NO GUARANTEES
THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR WILL PROVIDE
ANY BENEFIT.
8. SERVICE
When you use the Service, you represent
and warrant to the Company that: (i) all required information you submit is
truthful and accurate; (ii) your use of the Service does not violate any
applicable law or regulation or these Terms. The Company reserves the right to
suspend or terminate your use of Service, or your access to the Service, in the
event that you breach these Terms. The Service may be modified, updated,
interrupted or suspended at any time without notice to you or our liability.
You are solely responsible for obtaining the equipment and telecommunication
services necessary to access the Service, and all fees associated therewith
(such as computing devices and Internet service provider and airtime charges).
We retain the right to implement any changes to the Service (whether to free or
paid features) at any time, with or without notice. You acknowledge that a
variety of Company’s actions may impair or prevent you from accessing the
Service at certain times and/or in the same way, for limited periods or
permanently, and agree that the Company has no responsibility or liability as a
result of any such actions or results, including, without limitation, for the
deletion of, or failure to make available to you, any content or services. Your
access to and use of the Service is at your own risk. To the extent permitted
by law, еhe Company will have no responsibility for any harm to your computing
system, loss of data, or other harm to you or any third party, including,
without limitation, any bodily harm, that results from your access to or use of
the Service, or reliance on any information or advice. The Company has no
obligation to provide you with customer support of any kind. However, the
Company may provide you with customer support from time to time, at the
Company’s sole discretion.
9. THIRD PARTY ADS, INTELLECTUAL PROPERTY,
USER CONTENT
The Service may
contain links to third party websites or resources and advertisements for third
parties (collectively, “Third-Party Ads”). Such Third-Party Ads are
not under the control of the Company and the Company is not responsible for any
Third-Party Ads. The Company provides these Third-Party Ads only as a
convenience and does not review, approve, monitor, endorse, warrant, or make
any representations with respect to Third-Party Ads. Advertisements and other
information provided by Third-Party Sites Ads may not be wholly accurate. You
acknowledge sole responsibility for and assume all risk arising from your use
of any such websites or resources. When you link to a third-party site, the
applicable service provider’s terms and policies, including privacy and data
gathering practices govern. You should make whatever investigation you feel
necessary or appropriate before proceeding with any transaction with any third
party. Your transactions and other dealings with Third-Party Ads that are found
on or through the Service, including payment and delivery of related goods or
services, are solely between you and such merchant or advertiser. You hereby
release us, our officers, employees, agents and successors from claims, demands
any and all losses, damages, rights, claims, and actions of any kind including
personal injuries, death, and property damage, that is either directly or
indirectly related to or arises from any interactions with or conduct of any
users of the Service, or any Third-Party Ads. Subject to these Terms, the
Company grants you a non-transferable, non-exclusive, revocable license
(without the right to sublicense) to use the Service solely for your personal,
non-commercial purposes. You agree, represent and warrant, that your use of the
Service, or any portion thereof, will be consistent with the foregoing license,
covenants and restrictions and will neither infringe nor violate the rights of
any other party or breach any contract or legal duty to any other parties. In
addition, you agree that you will comply with all applicable laws, regulations
and ordinances relating to the Service or your use of it, and you will be
solely responsible for your own individual violations of any such laws. You
acknowledge that all the text, images, marks, logos, compilations (meaning the
collection, arrangement and assembly of information), data, other content,
software and materials displayed on the Service or used by the Company to
operate the Service (including the Content and excluding any User Content (as
defined below)) is proprietary to us or to the third parties. The Company
expressly reserves all rights, including all intellectual property rights, in
all of the foregoing, and except as expressly permitted by these Terms, any
use, redistribution, sale, decompilation, reverse engineering, disassembly,
translation or other exploitation of them is strictly prohibited. The provision
of the Service does not transfer to you or any third party any rights, title or
interest in or to such intellectual property rights. The information you submit
to us and any data, text and other material that you may submit to the Service
(“User Content”) remain your intellectual property, and the Company
does not claim any ownership of the copyright or other proprietary rights in
such registration information and the User Content. Notwithstanding the
foregoing, you agree that the Company may retain copies of the User Content and
use it as reasonably necessary for or incidental to its operation of the
Service and as described in these Terms and the Privacy Policy. You grant the
Company the non-exclusive, worldwide, transferable, perpetual, irrevocable
right to publish, distribute, publicly display and perform the User Content in
connection with the Service. Each user of the Service is solely responsible for
any and all his or her User Content. Because we do not control the User
Content, you acknowledge and agree that we are not responsible for any User
Content and we make no guarantees regarding the accuracy, currency, suitability,
or quality of any User Content, and we assume no responsibility for any User
Content. Your interactions with other Service users are solely between you and
such user. You agree that the Company will not be responsible for any loss or
damage incurred as the result of any such interactions. If there is a dispute
between you and any Service user, we are under no obligation to become
involved.
10.
USER
REPRESENTATIONS AND RESTRICTIONS
By
using the Service, you represent and warrant that: you have the legal capacity
and you agree to comply with these Terms; you are not under the age of 16; you
will not access the Service through automated or non-human means, whether
through a bot, script or otherwise; you will not use the Service for any
illegal or unauthorized purpose; you are not located in a country that is
subject to a U.S. government embargo, or that has been designated by the U.S.
government as a “terrorist supporting” country; you are not listed on
any U.S. government list of prohibited or restricted parties; your use of the
Service will not violate any applicable law or regulation. If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to refuse any and all current or future use of the Service (or any portion
thereof). You may not access or use the Service for any purpose other than that
for which we make the Service available. The Service may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by us. As a user of the Service, you agree not to:
systematically retrieve data or other content from the Service to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us; make any unauthorized use of the
Service; make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the Service; use the Service for any
revenue generating endeavor, commercial enterprise, or other purpose for which
it is not designed or intended; make the Service available over a network or
other environment permitting access or use by multiple devices or users at the
same time; use the Service for creating a product, service, or software that
is, directly or indirectly, competitive with or in any way a substitute for the
Service; use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the
Service; circumvent, disable, or otherwise interfere with security-related
features of the Service; engage in unauthorized framing of or linking to the
Service; interfere with, disrupt, or create an undue burden on the Service or the
networks or services connected to the Service; decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Service; attempt to bypass any measures of the Service
designed to prevent or restrict access to the Service, or any portion of the
Service; upload or distribute in any way files that contain viruses, worms,
trojans, corrupted files, or any other similar software or programs that may
damage the operation of another’s computer; use, launch, develop, or distribute
any automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Service, or using or
launching any unauthorized script or other software; use the Service to send automated
queries to any website or to send any unsolicited commercial e-mail; disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Service; use the
Service in a manner inconsistent with any applicable laws or regulations; or
otherwise infringe these Terms.
11.
DISCLAIMER OF
WARRANTIES
THE WEBSITE,
CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED “AS IS” AND
“AS AVAILABLE”. THE WEBSITE, CONTENT AND OTHER ASPECTS OF THE SERVICE
ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF
TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS AFFILIATES,
LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (I) THE SERVICE, CONTENT OR OTHER
INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (II) THE SERVICE
WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (III) ANY DEFECTS
OR ERRORS WILL BE CORRECTED; (IV) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; OR (V) ANY RESULT OR OUTCOME CAN BE ACHIEVED.
12.
LIMITATION OF
LIABILITY
IN
NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO
USE, THE SERVICE (INCLUDING THE WEBSITE OR CONTENT), OR THIRD-PARTY ADS, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE
OF, THE SERVICE (INCLUDING THE WEBSITE, CONTENT AND USER CONTENT), AND
THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING
THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE
THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS
ARISING FROM THE USE OF THE SERVICE, CONTENT OR SERVICE IS LIMITED TO USD 100.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
13.
INDEMNITY
You
agree to indemnify and hold the Company, its successors, subsidiaries,
affiliates, any related companies, its suppliers, licensors and partners, and
the officers, directors, employees, agents and representatives of each of them
harmless, including costs and attorneys’ fees, from any claim or demand made by
any third party due to or arising out of (i) your use of the Service, (ii) your
User Content, or (iii) your violation of these Terms. The Company reserves the
right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us and you agree to cooperate
with our defense of these claims. You agree not to settle any matter without
the prior written consent of the Company. The Company will use reasonable
efforts to notify you of any such claim, action or proceeding upon becoming
aware of it.
14.
INTERNATIONAL
USE
The Company
makes no representation that the Service is accessible, appropriate or legally
available for use in your jurisdiction, and accessing and using the Service is
prohibited from territories where doing so would be illegal. You access the
Service at your own initiative and are responsible for compliance with local
laws.
15. GOVERNING LAW
The laws of the
Republic of Nigeria, excluding its conflicts of law principles, govern these
Terms and your use of the Service. Any dispute arising out of or in connection
with these Terms, including any question regarding its existence, validity or
termination, shall be referred to and finally resolved by arbitration under the
Arbitration and Conciliation Act (Cap. A18) of the Republic of Nigeria.
16.
CONTACT
If
you want to send any notice under these Terms or have any questions regarding
the Service, you may contact us at: info@fire9ja.com
I
HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Date: 06th
June 2024