Terms of Service
Effective Date: July 04, 2018
PLEASE READ THESE TERMS OF SERVICE (“TERMS” OR “AGREEMENT”) CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCESSING OR USING THE BUDGETIER SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DISCONTINUE YOUR USE OF THE SERVICES IMMEDIATELY.
Who is Subject to These Terms
These Terms apply to your use of the Services if you are accessing the Services as a User (“you” or “your”).
Changes to These Terms
These Terms are subject to change at any time, without prior notice. Any change that is made to these Terms will not apply retroactively and will not apply to disputes or events occurring before the change is published.
Our Products and Services
If you use our Services, the following terms shall apply to your use of the Services.
- You may be requested by the End User requesting the service or product to show proof of service prior to delivery of product or service.
Responsibility for User Content (DMCA Policy)
We respect the rights of third-party creators and content owners and expect that you will do the same. Given the nature of the Services and the volume of information submitted, we cannot and do not monitor all messages, data, information, text, graphics, audio, video or other materials and content of any kind posted/uploaded/transmitted to or through the Services by our users (collectively, “User Content”, and any such User Content posted by you or through your use of the Services, “Your Content”). You expressly agree that we:
- will not be liable for any User Content and
- reserve the right to review, reject, delete, remove, modify, or edit any User Content at any time for any reason, without liability and without notice to you.
- reserve the right, but are not obligated to remove User Content from the Services for any reason, including any of Your Content that we believe violates these Terms or our Acceptable Use Policy below.
It is our policy to respond to all claims of intellectual property infringement.
We will promptly investigate notices of alleged infringement and will take appropriate actions and other applicable
intellectual property laws.
Please submit any notification of claimed copyright infringement on the Services to the following Designated Agent:
- Start Innovation Hub,
Ground Floor, E Library, IBB Way,
Uyo, Akwa Ibom State, Nigeria.
- Start Innovation Hub,
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Acceptable Use Policy
The following is a partial list of the kinds of activities that are prohibited on or through the Services:
- submitting User Content that is patently offensive to the online community,
- submitting User Content that is patently offensive to the online community,
submitting User Content that is patently offensive to the online community,
such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- engaging in activities or submitting User Content that could be harmful to minors.
- engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about our users, including names, phone numbers, addresses, email addresses without such users’ prior consent.
- engaging in an activity, or submitting User Content, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- submitting User Content that contains restricted or passwords only access pages, or hidden pages or images;
- submitting User Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- submitting User Content that contains viruses, Trojan horses, worms, or any other similar forms of malware,
- engaging in activities or submitting User Content that solicits passwords or personally identifiable information for unlawful purposes from other users of the Services;
- engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;
- using any robot, spider, other automatic devices, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Services or for any other unauthorized purpose without our prior written consent;
- using any device, software, or routine to interfere or attempt to interfere with the proper working of the Services;
- decompiling, reverse engineering, or disassembling the software underlying the Services or attempting to do so; or
- taking any action that imposes an unreasonable or disproportionately large load on the Services or our hardware and software infrastructure or that of any of its licensors or suppliers.
- In addition, you covenant and represent that you will not use the Services for any purpose other than those that are personal, nor will you use the Services in violation of the law or these Terms. While we are not under any obligation to monitor User Content, we may, in its sole determination, remove any Content that we deem objectionable, offensive, unlawful or in violation of these Terms.
For clarity, the rights you grant in this license are for the limited purpose of operating, promoting, developing and improving our Services. Subject to the limited license below, you retain all of your rights in all of your Content. Unless agreed otherwise in writing signed by us, by submitting your Content, you hereby grant to us for the purpose of providing you with the Services a royalty-free, perpetual, irrevocable, fully transferable right and license to:
- use, access, store, copy, modify, re-post, rearrange, display, distribute, reproduce, perform and create derivative works from all of Your Content and likeness in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers without compensation to you;
- access your account and Your Content and to process and submit Your Content to the End User posting your
- Our Intellectual Property Rights
- License to the Services
Budgetier exclusively owns all rights, title and interest in and to the Services, including the Platform, the Products, the Site and all Site Content (as defined below). You agree that the foregoing shall include all rights with respect to copyright, patent, trademark and all other intellectual property laws in any jurisdiction. As used herein, “Site Content” means any and all materials, including, without limitation, information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content, contained in or delivered via the Services (excluding User Content) or otherwise made available by us in connection with the Services. You agree to use the Services and the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved. Without limiting the foregoing, you may not duplicate or reuse any portion of the site’s codebase without express written consent from Budgetier.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive right to use our Services solely for their intended purposes. You may not transfer or sublicense the foregoing license to any third parties.
Your Account Details (password)
You are solely responsible for keeping your password confidential. You may not use the account details of another Budgetier user, and you agree to notify Budgetier immediately of any unauthorized use of your account details. We assume no responsibility for, and will not be liable for, any loss that you incur as a result of someone else using your password, either with or without your knowledge.
Representations and Warranties and Indemnification
In addition to any other representations made by you in these Terms, you further represent and warrant that:
- You are of legal age (at least 13 years of age) and are otherwise capable of forming a legally binding contract
- You must be human. Accounts registered by "bots" or similar automated methods are not allowed.
- Your use of the Services does not violate any applicable law, regulation or any agreements between you and a third party, or otherwise, cause injury to any third party.
You agree to indemnify, defend and hold Budgetier from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to:
- Your Content,
- your use of the Services,
- your breach of these Terms, or
- any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.
Disclaimers and Limitations
We intend that the information contained in our Services be accurate and reliable; however, errors sometimes occur. From time to time, we may issue an update to the Services which may add, modify, and/or remove features from the Services. These updates may be launched automatically with little or no notice, although we may make reasonable efforts to notify you in advance of an upcoming update. THE SERVICES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." WE AND/OR OUR SUPPLIERS, LICENSORS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF OUR SERVICES IS AT YOUR OWN RISK. WE AND/OR OUR SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT
OR YOUR USE OF THE SERVICES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, LICENSORS AND AFFILIATES,
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED GREATER OF:
- THE TOTAL SUM OF BUDGET MADE BY YOU IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE ACTION OR THE BASIS FOR SUCH CLAIM; OR
- A TOKEN AMOUNT OF MONEY. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU.
Errors and delays
We are not responsible for any errors or delays or other technical problems beyond our reasonable control.
Termination and Cancellations
You are solely responsible for cancelling your Account. Account cancellation requests must be submitted in writing to
Cancellations by phone or sent to any other email address will not be considered valid.
You may also delete our App, in which case underlying app data may not be recoverable.
to understand how we treat your information when you terminate your account.
We reserve the right in our sole discretion, and without any prior notice, to terminate your access to the service for any reason,
including your breach of these Terms, the terms and conditions of any service for which you may have registered,
or a violation of the rights of a End User or the law.
You may unsubscribe from any further communication from us at any time by delivering a written notice addressed to
You shall be responsible for ensuring delivery of the notice to us.
We reserve the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. We shall have no liability to any User or any third party should we modify or discontinue any service or an aspect thereof.
Third Party Services
Our services may be integrated with services provided by third parties as part of the functionality of the services (including, without limitation, the Payment Processing Partners). Similarly, as part of the services, we may offer links to websites or applications operated by various third parties. You understand that we do not have control over third parties and that such third parties are not agents of Budgetier. Our inclusion of a link to a third-party website or application is for your convenience and reference only and does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. As such, we make no guarantees about and assume no responsibility for, the information or services provided by third parties. You acknowledge and agree that we make no representation or warranty about, and do not endorse, any third party’s products or services or the information provided by third parties, whether through the services, advertisements or otherwise. Accordingly, we are not responsible for your use of any third party product or service or any harm or losses arising from or relating to your use of any third party products or services. You should contact the third party with any questions about their products and services. We hereby disclaims and you hereby discharge, waive and release Budgetier and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Start Innovation Hub, Ground Floor, E-Library, IBB way, Uyo, AK, 52021, Nigeria.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at email@example.com.