Terms of Service

 

  1. These terms and conditions (“Agreement”) apply to all persons and/or entities who have created a user account (“User” or “you” or “your”) on the website www.amadike.com (“Website”) as operated by Amadike (“Company” or “we” or “us” or “our” or “promoters”). By creating a user account, advertising on our site or by opting to access and use the website, whether directly or indirectly, you agree to the following terms and conditions and that these prevail over any other terms and conditions. These terms and conditions should be read in conjunction with our Privacy Policy which can be found on the website.  Any content posted or submitted by you to the website is subject at all times to the Acceptable Use Policy and these terms and conditions.
  2. This Agreement can be surmised into the following essential points: The Users registered on the Website may buy or sell the services on the website. The registration for the users is free; however a subscription fee may be charged to the Sellers for featuring their jobs or upgrading their levels. The Sellers put forth the details of their services on the website and the buyers can compare and choose which seller to give the order to. The buyers are entitled to request for customizations in the orders. The buyers have to pay Amadike in advance to create an order. The sellers are obligated to execute their orders, and may not cancel orders on a regular basis or without cause. The cancellation of orders shall affect the sellers’ reputation and status. The Sellers are awarded Levels based on their performance and reputation with higher levels providing varied benefits. The Users are prohibited from offering or accepting payments using any method other than placing an order through Amadike. The buyers are granted all rights for the delivered work, unless otherwise specified by the seller in the Order. The Company retains the right to use all published delivered works for marketing and promotion. Please note that this is only a summary of the Agreement and this Agreement, in full, shall be the binding and enforceable Agreement governing the users and Amadike.
  3. The users undertake to be bound and abide by this Agreement and the Privacy Policy available on the Website as can be found at https://amadike.com.ng/privacy-policy/ by choosing to use this website, opening a user account and accepting the terms and conditions when provided this option. It is submitted by the Company that if the user does not want to abide by this Agreement or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

 

  1. Recitals
    • Amadike (Defined previously as “company”, “we”, “us”, “our”, “promoters”) used herein shall be construed as a collective reference to the Company and its affiliated subsidiaries unless otherwise specifically mentioned.
    • Any person utilizing or accessing the portals of the company for using the platform supporting the freelance services either by providing, browsing or availing the services on the Website (“Services”) shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by the company in relation to any Services.
    • Certain Services being provided may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail. The discretion of putting up additional conditions for particular services is vested solely with the Promoters.

 

  1. Scope of Usage
    • The Services on the Website can be accessed and utilized by only those individuals who are above thirteen years of age subject to other restriction under this Agreement.
    • The conditions put forth in Clause 2.1 shall be deemed inapplicable to the Promoter’s employees or members of their immediate family, agents or any other person who is connected with the creation or administration of our Services.
    • Subject to these Terms and Conditions and our Privacy Policy, the User may use the public areas of this site, but only for his own internal purposes. The User agrees not to access (or attempt to access) this site by any means other than through the interface we provide, unless the User has been specifically allowed to do so in a separate agreement.
    • The user is not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device, unless expressly authorized to do so.
    • All rights not expressly granted in this Agreement are reserved by us and the derogation of which shall be treated as a breach of this Agreement.

 

  1. Order Process
    • Sellers
      • The Sellers create offers on the Website to enable the buyers to buy their services.
      • The Sellers are entitled to provide customized offers to buyers.
      • The Seller is entitled to a net revenue of 80% of the purchase amount for every offer that is successfully completed. The amount is credited only on the completion of the order.
      • If an Order is cancelled with or without cause, the funds deposited with Amadike are returned back to the buyer’s shopping account.
      • The Revenue is available to the seller after 6 days of completion of the order.
      • The Sellers are entitled to receive their payment are expected to receive their earnings through PayPal, payoneer and perfectmoney.
      • The Sellers are not allowed to promote their jobs on the Adwords platform.
      • The Seller’s levels are dependent on the seller’s ratings which are calculated on the basis of the order reviews put in by the buyers.
      • The Company reserves the right to disable a seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. Due to security issues, improper behaviour reported by buyers, or associating multiple
    • Levels
      • Amadike sellers can gain account Levels based on their activity, performance and reputation which is subject to change as per Company policy.
      • Advancement in Levels are updated periodically by an automated system.
      • Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Level and the benefits that come with it.
    • Shipping Physical Deliverables
      • Some of the services on Amadike are delivered physically (arts and crafts, collectable items, etc.). For these types of jobs, sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
      • Jobs that include shipping costs must have physical deliverables sent to Buyers.
      • Shipping costs added to a job only pertains to the cost sellers require to ship physical items to Buyers.
      • Sellers are responsible for all shipping arrangements once the buyer provides the shipping address. Amadike does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
    • Printing Services
      • Some of the services on Amadike can be printed and physically delivered (Business Cards, Canvas/Poster Prints, T-Shirts, Flyers, Stationery, etc.).
      • Printing Services may be powered by a third party printing service and shall be subject to such party’s terms of use, who shall be responsible for packing shipping, tracking, quality, and condition of items or their delivery. Amadike does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
      • You can use the Printing Services for delivered work, to which you own all right, title, and interest. Such delivered work must not contain any libellous or otherwise illegal content, and does not actually or potentially infringe or misappropriate the copyright, trademark, or proprietary or intellectual property right of any person.
      • Upon completion of a Printing Order, Buyer will receive a confirmation email containing a Printing Order ID as well as the specific details of the Printing Order.
      • By using the Printing Services you hereby grant to Amadike and such third party, a non-exclusive, worldwide, royalty-free sub-license to edit, modify, adapt, translate, exhibit, publish, transmit, copy, prepare derivative works from, distribute, perform, display and use any delivered work in order to perform the Printing Services.
    • Withdrawing Revenues
      • To withdraw your revenue, you must have an account with at least one of Amadike’s withdrawal methods which are paypal, payoneer and perfectmoney.
      • Your Amadike profile can be associated with only one account from each Amadike withdrawal methods.
      • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 6 days after the order is marked as complete.
      • The funds post withdrawal would be credited to the seller’s wallet after a clearance period of 14 days.
      • To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
      • Withdrawals can only be made in the amount available to you.
      • Withdrawal fees vary depending on the withdrawal method.
      • Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.
    • Buyers
      • The buyer shall not offer direct payments to sellers using payment systems outside of the Amadike Order system.
      • Amadike retains the right to use all publically published delivered works for Amadike marketing and promotional purposes.
      • Buyers may request a specific service from the Post a Request feature found from the Shopping dashboard. Services requested on Amadike must be an allowed service on Amadike.
    • Purchase
      • Buyers pay Amadike to create an order from a seller’s job or Custom Offer, using the Order Now button.
      • In addition buyers can request a Custom Order which addresses specific buyer requirements, and receive a Custom Offer from sellers through the site or through Amadike Anywhere.
      • Jobs may be purchased using one of the following payment methods: PayPal or Perfect Money.
      • Processing fees may be added at the time of purchase where a buyer can review and accept the total amount requested to pay. These fees cover payment processing and administrative fees.
      • If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase.
      • The buyers may not offer sellers to pay, or make payment using any method other than through the Amadike.com site.
    • Orders
      • Once payment is confirmed, your order will be created and given a unique order number
      • Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Job.
      • Using the Deliver Work button may not be abused by sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the seller’s rating and result in a warning to seller.
      • An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.
      • Sellers are required to meet the delivery time they specified when creating their Jobs. Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the seller’s status.
      • Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the order as Delivered.
      • Users are responsible for scanning all transferred files for viruses and malware. Amadike will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
      • A Seller may cancel an order without the buyer’s consent at any given moment (Force Cancellation). However, this will have a negative effect on the seller’s status.
    • Reviews
      • Feedback reviews provided by buyers while completing an order are an essential part of Amadike’s rating system. Reviews demonstrate the buyer’s overall experience with the sellers and their service. Buyers are encouraged to communicate to the seller any concerns experienced during their active order in regards to the service provided by the seller.
      • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Amadike platform from users within our Community.
      • Feedback comments given by buyers are publicly displayed on a seller’s Job page. Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
      • Withholding the delivery of services, files, or information required to complete the service with the intent to gain favorable reviews or additional services is prohibited.
      • Once work is delivered, the buyer has three days to respond and post a review. If no response is provided within the response period, the order will be considered completed.
      • Users are allowed to leave reviews on orders up to 30 days after an order is marked as complete.
      • Sellers may not solicit the removal of feedback reviews from their buyers through mutual cancellations.
    • Cancellations
      • Order cancellations can be performed on Amadike, when eligible, by Customer Support.
      • Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service.
      • In the event that a buyer or seller encounters an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
      • Amadike reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
      • All transfer and assignment of intellectual property to the buyer shall be subject to full payment for the Job and the delivery may not be used if payment is cancelled for any reason.
      • If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.
      • Revisions to deliveries can be performed by sellers based on the seller’s offers and customer care. Sellers may determine the amount of revisions offered to buyers, including no revisions.
      • Requests for revisions can be performed through the Order page while the order is marked as Delivered.
      • Requesting to gain more services from sellers beyond the agreed requirements by using the Request Revisions button is not allowed.
      • Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete.
      • Orders are not eligible to be cancelled based on the quality of service/materials delivered by the seller if the service was rendered as described in the Seller’s job page. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
      • Any non-permitted usage of Amadike encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to Amadike’s Terms of Service.
      • Amadike Customer Support will cancel orders based on, but not limited to, the following reasons:
        • The seller is late and unresponsive for more than 24 hours while the order is marked as Late.
        • Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
        • Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the seller’s delivery.
        • The user is no longer an active Amadike user due to Terms of Service violations or closure of their account.
        • The seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to buyers.
        • The seller delivers no files and/or proof of work related to the agreed upon order requirements.
        • The seller requests additional payments, on or off the Amadike platform, by withholding the final delivery of services directly related to the agreed requirements.
        • The seller is withholding the final delivery of services for improved ratings.
        • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
      • Amadike Customer Support will review cases of Order delivery manipulation that prevents buyers and sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.
    • Refunds
      • Amadike does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are refunded to the buyer’s balance as credit and are available for future purchases on Amadike. Funds returned to your balance from cancelled orders will not include processing fees paid.
      • Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new order, the processing fees from that payment will not be refunded along with your deposit.
    • User Conduct And Protection
      • Amadike maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Amadike. This section relates to the expected conduct users should adhere to while interacting with each other on Amadike.
      • To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Amadike in order to circumvent or abuse the Amadike messaging system or Amadike platform is not permitted.
      • Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
      • Amadike does not provide any guarantee of the level of service offered to buyers. You may use the dispute resolution tools provided to you in the order page.
      • Amadike does not provide protection for users who interact outside of the Amadike platform.
      • All information and file exchanges must be performed exclusively on Amadike’s platform.
      • Users with the intention to defame competing sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
      • Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
      • Amadike reviews cases of payment provider chargebacks and disputes on behalf of sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the seller’s favor. If the chargeback case allows, Amadike will return parts or full revenue back to sellers.

 

  1. Legal Undertaking
    • By accessing our services on the Website, the users will be deemed to have legal capacity under Clause 2.1 of these Terms.
    • The Services being offered by us are governed by the Law of the United States of America and any matters relating to the Services shall be resolved under the American Law and the Courts of New York shall have exclusive jurisdiction over the same.
    • If any user partakes or subscribes to the Services being offered by our website or affiliates, he/she undertakes the responsibility of ensuring that he is not in breach of any national, state or municipal laws of the country that he/she is domiciled in. The Promoters waive off any liability against any user accessing our Services illegally.
    • It is deemed the responsibility of the users to check with their state and municipal authorities to ensure that they are within the confines of legality of the place they are residing in.

 

  1. Compensation
    • It shall be brought to the notice of the Users that accessing the website may be free, but the Company reserves the right at its sole discretion to charge fees to the Sellers for services that are provided by them on the marketplace.
    • The Company shall also be entitled to charge the Sellers a fees if they wish for a sponsored listing which would enable the seller to feature first on the search list of the buyer.
    • The Company shall require Sponsored Sellers to make the payments irrespective of whether their services eventually engage in a transaction or exchange of consideration for the service. The payment shall be made as per the rate card displayed on the website and shall be paid through debit cards, credit cards or paypal.
    • The Company currently does not charge the Buyers for any transactions completed on the Website between them and the Sellers.
    • The Company reserves the right to charge a fee to the Buyers in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. Changes to the said Fee structure are effective after The Company has provided you with thirty (30) days’ notice by posting the changes on the Website.
    • The User understands that the Company is acting solely as an intermediary for the collection of rents and fees between a Seller and a Buyer who choose to enter into an Agreement for Service. Since state and local tax laws vary significantly by locality, the User understands and agrees that he/she is solely responsible for determining their own tax reporting requirements in consultation with tax advisors, and that the Company cannot and do not offer tax advice to either hosts or guests. Further, the User acknowledges that The Company shall not be responsible or liable in any manner in relation to tax liability of a Seller or a Buyer.

 

  1. Affiliate Earnings
    • Any entity can choose to become an affiliate partner of Amadike (“Affiliate”) to promote the platform and direct first time buyers (“FTB”) and first time sellers (“FTS”) towards the Website.
    • The company shall pay 5% of all earnings to the Company as commission for the Stage I affiliate for any FTB that is referred to Amadike by the Affiliate. The Stage I affiliate shall be entitled to 5% of all revenue earned by Amadike from any buyer referred by the Affiliate till perpetuity. For clarity, it is undertaken by Amadike that this Agreement shall be binding for all repeat purchases made by the referred buyers and allows its affiliates the potential for unlimited earnings.
    • The company shall pay 0.50% of all earnings to the Company as commission for the Stage II affiliate for any FTS that is referred to Amadike by the Affiliate. The Stage II affiliate shall be entitled to 0.5% of all revenue earned by Amadike from any seller referred by the Affiliate till perpetuity. For clarity, it is undertaken by Amadike that this Agreement shall be binding for all repeat sales made by the referred sellers and allows its affiliates the potential for unlimited earnings.
    • The Company reserves the right to terminate the arrangement with any affiliate entity if the affiliate is found engaged in any illegitimate promotion of affiliate links or spamming or otherwise violating any of the principles of this Agreement.
    • To withdraw the commissions, the Affiliate shall send an email to Amadike with the monthly invoice.
    • Commission is paid once a month upon receiving your invoice with the bill cycle starting from the 1st of every month.
    • Affiliate links shall contain unique identifiers, allowing Amadike to track anyone directed from your website. Our tracking system captures your URL, which guarantees that the Affiliate is credited for any FTB the Affiliate refers. The Company’s cookies policy enables the URLs to remember the referral of any FTB by the Affiliate for a period of six months.
    • The Affiliate undertakes that only FTB conversions are eligible to receive commission.

 

  1. Legal Immunity in Service Contracts
    • Each Registered User hereby acknowledges and agrees that the Company is NOT a party to any oral or written Agreement for Service or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website.
    • Each Registered User acknowledges, agrees and understands that the Company only seeks to provide a platform wherein the Service User and Service Professional can be brought together and the Company itself has not role in the execution or provision of Services.

 

  1. Agency Relationships
    • No agency, partnership, joint venture, or employment is created as a result of the Terms of Use, Terms and Conditions or your use of any part of the Website, including without limitation, Agreement for Service. The User shall not have any authority whatsoever to bind The Company in any respect.
    • All Sellers shall be held as independent contractors. Neither The Company nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

 

  1. Dispute between the Users
    • Subject to the provisions regarding disputes between Website Users in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between the User and such individual or organization.
    • The user understands that deciding whether to use the Services of a Seller or provide Services to a Buyer or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible.
    • The User understands that the Company does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.
    • The User also understand that any so called background check undertaken by The Company is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Buyer should take an informed decision on his/her own accord and keep in mind the fact that The Company only seeks to provide a platform wherein Buyers and Sellers have an opportunity to meet each other.

 

  1. Waiver of Liability
    • Notwithstanding the foregoing, the user agrees that since The Company only seeks to provide a platform wherein the service user and service professional can be brought together and The Company itself has not role in the execution or provision of services itself, The Company shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction or dealings. If there is a dispute between participants on the website, or between registered users or any website user and any third party, the user acknowledges and agrees that The Company is under no obligation to become involved. In the event that a dispute arises between the user and one or more website users, registered users or any third party, you hereby release The Company, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the website or any service provided thereunder.

 

  1. Dispute Resolution
    • If a dispute arises between the User and The Company, the goal is to provide the user with a neutral and cost effective means of resolving the dispute quickly. Accordingly, the User and The Company hereby agree that they shall resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Website in accordance with this Agreement. Before resorting to the filing of a formal lawsuit, it is strongly encouraged that the user first contact The Company directly to seek a resolution via e-mail at support under settings or dashboard, The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

  1. Governing Law
    • The Terms of Use shall be governed in all respects by the laws of the United States of America and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New York.

 

  1. Limitation of Liability
    • In no event shall the Company, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any (i) access to or use of the website or any services offered by any service professionals via the website, including services provided pursuant to an agreement formed independently of the website, whether or not an agreement for service formed via the website is in effect; (ii) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the website or submitted content; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party; (v) any interruption or cessation of transmission to or from the website; (vi) any errors or omissions in any data, content, information, materials or substance of the website or submitted content; (vii) any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the website; (viii) any defamatory, offensive, or illegal conduct of any third party or service user or service professional; or (ix) any use of any data, marks, content, information, materials or substance of the website or submitted content posted, emailed, transmitted, or otherwise made available on or through the website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not The Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
    • In no event shall the total, aggregate liability of The Company, or any of the above-referenced respective parties, arising from or relating to the website, and/or submitted content exceed the total amount of fees actually paid to The Company by the User hereunder.
    • The User hereby acknowledges and agrees that The Company shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party or service user or service provider and that the risk of harm or damage from the foregoing rests entirely with you. The User further acknowledges and agrees that the Company shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between website users entered into independently of the website.
    • The website may contain links to third-party websites that are not owned or controlled by The Company. The Company does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, The Company will not and cannot censor or edit the content of any third-party site. By using the website, the User expressly relieves The Company from any and all liability arising from your use of any third party website.

 

  1. No Third-party Beneficiaries
    • The User agrees that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

 

  1. Notice
    • The User agrees that the Company may provide the user with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on the Website.

 

  1. Intellectual Property
    • Any personal data that you supply to the Promoter or authorise the Promoter to obtain from a third party shall be used by the Promoter for all activities deemed necessary by the Promoter.
    • In order to process, use, record and disclose your personal data the Promoter may need to transfer such information, in which event the Promoter is responsible for ensuring that your personal data continues to be adequately protected during the course of such transfer.
    • Unless clearly stated otherwise on the offer description, when the work is delivered, and subject to the receipt of payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein.
    • Any service provided by sellers on the website dealing with copyrightable material, including but not limited to stock images, shall not transfer any liability to Amadike. Amadike waives off any liability that may arise from the transfer of such copyrightable material. Amadike reserves the right to terminate any account without notice if Amadike is made aware that the copyright or any legal license is violated. Amadike also reserves the right to report to and engage legal enforcement authorities in such matters.

 

  1. Warranties by the Users
    • The Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, The Company may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
      1. restricting, suspending, or terminating any User’s access to all or any part of The Company Services;
      2. deactivating or deleting a User’s account and all related information and files on the account. Any amount remaining unused in the User’s Account on the date of deactivation or deletion shall be transferred to the User’s bank account on record with the Company subject to a processing fee (if any) applicable on such transfers as set out herein.
    • Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by The Company). Users further agree to update and keep updated their registration information.
    • A User shall not register or operate more than one User account with The Company.
    • Users agree to ensure that they can receive all communication from The Company by marking e-mails from The Company as part of their “safe senders” list. The Company shall not be held liable if any e-mail remains unread by a User as a result of such e-mail getting delivered to the User’s junk or spam folder.
    • Any password issued by The Company to a User may not be revealed to anyone else. Users may not use anyone else’s password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify The Company of any unauthorized use of their passwords or accounts or any other breach of security.
    • Users agree to exit/log-out of their accounts at the end of each session. The Company shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
    • Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorized third party software designed to modify or interfere with The Company Services and/or The Company experience or assist in such activity.
    • Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying The Company or The Company Services.
    • Users agree that without The Company’s express written consent, they shall not modify or cause to be modified any files or software that are part of The Company’s Services.
    • Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support The Company or the Company Services (each a “Server”); or (2) the enjoyment of The Company Services by any other User or person.
    • Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt The Company Services or any other person’s use or enjoyment of The Company Services.
    • Users shall not attempt to gain unauthorized access to the User accounts, Servers or networks connected to The Company Services by any means other than the User interface provided by The Company, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of The Company Services.
    • Without limiting the foregoing, Users agree not to use The Company for any of the following:
      1. To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
      2. To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
      3. To publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
      4. To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, The Company, any software, hardware, or telecommunications equipment;
      5. To advertise, offer or sell any goods or services for any commercial purpose on The Company without the express written consent of The Company;
      6. To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
      7. To advertise, offer or sell any goods or services for any commercial purpose on The Company without the express written consent of The Company;
      8. To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
      9. To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
      10. To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
      11. To restrict or inhibit any other user from using and enjoying any public area within our sites;
      12. To collect or store personal information about other Users;
      13. To interfere with or disrupt The Company, servers, or networks;
      14. To impersonate any person or entity, including, but not limited to, a representative of The Company, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
      15. To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through The Company or to manipulate User’s presence on The Company;
      16. To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
    • To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”) only to send and receive messages and material that are proper and related to that particular Forum.

 

  1. Privacy Policy
    • All information collected from Users, such as registration and credit card information, is subject to the Company’s Privacy Policy available on the official website as available at https://amadike.com.ng/privacy-policy/

 

  1. Breach of Agreement
    • The Users’ Account may be terminated, as per the discretion of the Company, on account of any violation of this Agreement. The Company may send a warning notice to the defaulting user to cure his actions; however, the same is not necessary.
    • This Agreement shall stand terminated as of immediate effect if the user is found to be engaged in
      • The Exchange of Adult Services & Pornography
      • Inappropriate Behavior & Language
      • Phishing and Spam
      • Breach of other users’ Privacy & Identity –
      • Infringement of any Intellectual Property Claims
      • Fraud / Unlawful Use
      • Creation of Multiple Accounts
      • Targeted Abuse and Harassment
      • Commercial Sale of Accounts
    • The users are requested to report any violation of this Agreement by any user to Amdike through the appropriate channels.

 

  1. Termination of Agreement
    • The User hereby acknowledges and agrees that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate his/her Account, block his/her email or IP address, cancel the Website or otherwise terminate his/her access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if The Company believes or has reason to believe that he user has violated any provision of the Terms of Use.
    • The user may cancel the use of the Website and/or terminate the Terms of Use with or without cause at any time.
    • Upon termination of your Account, the user’s right to participate in the Website, including, but not limited to, the right to offer or purchase Services and the right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate.
    • Unless The Company has previously cancelled or terminated the use of the Website (in which case subsequent notice by The Company shall not be required), if the user provided a valid email address during registration, The Company will notify the user via email of any such termination or cancellation, which shall be effective immediately upon The Company’s delivery of such notice.
    • Upon Termination of Service, the following shall occur: all licenses granted to the user hereunder will immediately terminate; and the user shall promptly destroy all copies of information and other content belonging to the Company a in his/her possession or control. The user further acknowledges and agrees that The Company shall not be liable to the user or any third party for any termination of his/her access to the Website.
    • Upon Termination of Service, The Company retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses the user have granted The Company hereunder shall remain in effect for the foregoing purpose. In no event is The Company obligated to return any Submitted Content to the user.
    • The user agree to indemnify and hold The Company, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.

 

  1. Waiver of Liability
    • It is submitted that any content added by the users shall be referred to as User Generated Content (“UGC”) and shall not be considered as content created by the Site. Your ability to submit or transmit any information through the Platform, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as UGC throughout this Agreement. All User Content you submit to the Platform will be owned by you. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content.
    • Amadike shall not be responsible for checking the UGC for appropriateness, violations of copyright, trademarks, other rights or violations.
    • The users are requested to report violations together with proof of ownership as appropriate.
    • Furthermore, the Company shall not be responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Services, their delivery, and any communications between buyers and sellers.
    • Any UGC found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. Amadike does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any UGC or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
    • By offering a Service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on the Website.
    • The Sellers advertising their services online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Services and may lead to the suspension of seller’s account.
    • You agree that you are solely responsible for any UGC submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content.

 

  1. Language Translation
    • This service may contain translations powered by Google. The Company does not claim any copyright over the said translated content. Furthermore, Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
    • The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”.
    • The official text is the English version of the website.
    • It is undertaken by the parties to this Agreement that any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. Please refer to the official text of the Website in case of any confusion. The Official text of the Website shall be the final and supreme text in case of any dispute.

 

  1. Warranties by the Company
    • The User agrees that the use of the website shall be at his/her own risk. To the fullest extent permitted by law, and The Company and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website, the services offered on or through this website, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website, including without limitation the materials, data and submitted content of other users of this site or other third parties.
    • Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website, the services offered on or through this website, data, materials, submitted content, and any information or material contained or presented on this website is provided to the on an “as is”, “as available” and “where is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.
    • The Company does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or service user or service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the website or submitted content posted, emailed, transmitted, or otherwise made available via the website.
    • The Company does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked site or featured in any banner or other advertisement. The Company will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party service professionals of products or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

  1. Force Majeure
    • The Company shall not be liable to the other for any delay or failure in performance under this Agreement arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

 

  1. General Terms
    • This Agreement and the Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by the Company on the Website, shall constitute the entire agreement between the User and The Company concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
    • No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
    • The User agrees that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
    • The section headings in this Agreement are for convenience only and have no legal or contractual effect.