Legal noticeRegistered owner
This
website (“Website”) is ownedand maintained by the Pod Living Limited
(“The Pod Living”), registered officeaddress: 3B Taofik Lawal
Street. The Pod Living is incorporated under the lawsof the Federal
Republic of Nigeria.
Accessing the Website
Access to the Website is permitted on a temporary basis, and we
reserve the right to withdraw or amend the service we provide on the
Website without notice (see below). We will not be liable if for any
reason the Website is unavailable at any time or for any period.
From
time to time, we may restrict access to some parts or all of the
Website to users who haveregistered with us.If you choose, or you
are provided with, a user identification code, password or any other
piece ofinformation as part of our security procedures, you must
treat such informationas confidential, and you must not disclose it
to any third party.
We have the right to disable any
user identification code or password, whether chosen byyou or
allocated by us, at any time, if in our opinion you have failed
tocomply with any of the provisions of these Conditions of Use.When
using the Website, you mustcomply with the provisions of our Privacy
Policy.
You are responsible for making all arrangements
necessary for you to have access to the Website. You are also
responsible for ensuring that all persons who access the Website
through your internet connection are aware of these Conditions of
Use, and that they comply with them.
Reliance on information posted
All material posted on the Website is intended for information
purposes only and does not represent legal advice on which reliance
should be placed. Users are hereby placed under notice that they
should take appropriate steps to verify such information. No user
should act or refrain from acting on the information contained in
the Website without first verifying the information and as necessary
obtaining legal and/or professional advice.
Our liability
The Pod Living makes no representations or warranties whatsoever as
to the accuracy of the information contained on the Website.
To the extent permitted by law, The Pod Living expressly
excludes all conditions, warranties and other terms which might
otherwise be implied by statute, common law or the law of equity.
The Pod Living expressly disclaims all liability and
responsibility for any direct, indirect or consequential loss or
damage incurred by any user arising from any reliance placed on
materials posted on the Website, including materials posted by any
visitor to the Website, and by anyone who may be informed of any of
their contents, or from the use or inability to use the Website,
whether directly or indirectly, resulting from inaccuracies,
defects, errors, whether typographical or otherwise, omissions, out
of date information or otherwise, even if such loss was reasonably
foreseeable and The Pod Living had been advised of the possibility
of the same.
Direct, indirect or consequential loss and
damage shall include but not be limited to loss of profits or
contracts, loss of income or revenue, loss of business, loss of
goodwill, damage to reputation and wasted expenditure or management
time.
Nothing in these Conditions of Use shall exclude
The Pod Living's liability for death or personal injury
resulting from its negligence, nor its liability for fraudulent
misrepresentation, nor any other liability which cannot be excluded
or limited under applicable law.
Changes to the Website
We aim to update the Website regularly and may change the content at
any time and without notice. If the need arises, we may suspend
access to the Website, or close it indefinitely.
Viruses, hacking and other offences
The user agrees that material downloaded or otherwise accessed
through the use of the Website is obtained entirely at the
user's own risk and that the user will be entirely responsible
for any resulting damage to software or computer systems and/or any
resulting loss of data, even if such loss and damage was reasonably
foreseeable and The Pod Living had been advised of the possibility
of the same.
You must not misuse the Website by
knowingly introducing viruses, trojans, worms, logic bombs or other
material which is malicious or technologically harmful. You must not
attempt to gain unauthorized access to the Website, the server on
which the Website is stored or any server, computer or database
connected to the Website. You must not attack the Website via a
denial-of-service attack, a distributed denial-of service attack or
any other technical attack. By breaching the provisions of the
paragraph above, you will commit a criminal offence under the
Cybercrimes(Prohibition, Prevention etc.) Act.
We will
report any such breach to the relevant law enforcement authorities
and we will co-operate with those authorities by disclosing your
identity to them. In the event of such a breach, your right to use
the Website will cease immediately.
We will not be liable
for any loss or damage caused by a distributed denial-of-service
attack, viruses or other technologically harmful material that may
infect your computer equipment, computer programs, data or other
proprietary material due to your use of the Website or to your
downloading of any material posted on them, or on any website linked
to them.
Linking to the Website
You may link to our website, provided you do so in a way that is
fair and legal and does not damage our reputation or take advantage
of it, but you must not establish a link in such away as to suggest
any form of association, approval or endorsement on our part where
none exists. You must not establish a link from any website that is
not owned by you.
The Website must not be framed on any
other site. We reserve the right to withdraw linking permission
without notice. If you wish to make any use of material on the
Website other than that set out above, please address your request
to info@thepodliving.com
Third party websites
The Pod Living
does not accept any liability or responsibility for any third party
websites that can be accessed through the Website or for any loss or
damage that may arise from your use of them. The Pod Living does not
endorse or approve the contents of any such site and these links are
provided for your information only.
Uploading material to the Website
Whenever you make use of a feature that allows you to upload
material to the Website, or to make contact with other users of the
Website, you must comply with the content standards setout by us.
You warrant that any such contribution does comply with those
standards, and you indemnify us for any breach of that warranty.
Any material you upload to the Website will be
considered non-confidential and non-proprietary, and we have the
right to use, copy, distribute and disclose to third parties any
such material for any purpose.
We also have the right to
disclose your identity to any third party who is claiming that any
material posted or uploaded by you to the Website constitutes a
violation of their intellectual property rights, or of their right
to privacy.
We will not be responsible, or liable to any
third party, for the content or accuracy of any materials posted by
you or any other user of the Website.
We have the right
to remove any material or posting you make on the Website if, in our
opinion, such material does not comply with the content standards
set out on our Website.
General
We process information about you in accordance with our
Privacy Policy. By using the
Website, you consent to such processing and you warrant that all
data provided by you is accurate. If any provision of these
Conditions of Use or the Notice of Copyright (see below) is found to
be invalid by any court having competent jurisdiction, the
invalidity of that provision shall not affect the validity of the
remaining provisions which shall remain in full force and effect.
The Pod Living's omission to exercise any right
under these Conditions of Use or the Notice of Copyright shall not
constitute a waiver of any such right unless expressly accepted by
The Pod Living in writing.
These Conditions of Use and
the Notice of Copyright and any dispute or claim arising out of or
in connection with them or their subject matter or formation
(including non-contractual disputes or claims) shall be governed by
and construed in accordance with the laws of the Federal Republic of
Nigeria. The user and The Pod Living agree to submit any dispute
(including any non-contractual dispute) arising out of or in
connection with the use of the Website to the exclusive jurisdiction
of the courts of the Federal Republic of Nigeria.
We may
revise these Conditions of Use at any time by amending this page.
You are expected to check this page from time to time to take notice
of any changes we have made, as they are binding on you. Some of the
provisions contained in these Conditions of Use may also be
superseded by provisions or notices published elsewhere on the
Website.
Notice of intellectual property rights
Except where expressly stated to the contrary, all intellectual
property rights in the text, graphics, information, motifs, logos,
designs and databases contained in this site including the domain
names, organisation and layout of the site and the software used in
relation to the site are owned by The Pod Living or its licensors.
The Pod Living owns a portfolio of registered and unregistered
trademarks including but not limited to THE PODLIVING.
You may not use any trademarks, service marks and/or
other trade names belonging to The Pod Living from time to time,
without The Pod Living's prior written consent (including
without limitation The Pod Living's trademarks, all page
headers, custom graphics and button icons on the site) including to
imply association with or endorsement by The Pod Living of your
website and/or goods and/or services or otherwise without our prior
written consent.
All other trademarks referred toon the
site are the trademarks of their respective owners and you will
require their specific authorisation should you wish to use any of
the trade marks. You may print or download to a computer extracts
amounting to no more than six pages of this site for personal use
provided in all cases that The Pod Living website is the
acknowledged source including the reference
www.thepodliving.com and The Pod Living copyright
notice featured at the bottom of the site; you do not modify the
paper or digital copies of any materials you have printed off or
downloaded in any way; and you do not use any graphics,
illustrations or photographs, separately from any accompanying
text.
This permission may be revoked at any time by The
Pod Living. Material displayed on the site, in whole or in part, may
not otherwise be copied, reproduced, republished or incorporated in
any other work or publication, whether paper or electronic media or
any other form, without The Pod Living's prior written
permission. Sending copies of material to clients does not
constitute reference purposes and is not permitted.
You
may not reproduce or store any part of this site in any other web
site, document management system or electronic retrieval system (via
screen-scraping or otherwise) without The PodLiving's prior
written permission.
You must not use any part of the
materials on this site for commercial purposes without obtaining a
written licence to do so from The Pod Living or its licensors.
In particular you must not:
- use
this site and in particular its database as a source of material or
contact data for any kind of marketing activity; or·
-
use any information on this site and in particular its database to
create, update, amend or verify your own or someone else's
databases, records, directories, customer lists, mailing or
prospecting lists to provide any kind of commercial information
service.
If you print off, copy or download any part of
this site in breach of these Conditions of Use, your right to use
this site will cease immediately and you must, at The Pod
Living's option, return or destroy any copies of the materials
you have made.
The Pod Living will vigorously pursue any
violation of its intellectual property rights that seeks to exploit
its material for commercial gain, or to misrepresent its stance.
Any rights not expressly granted in this notice are
reserved.
Acceptable Use Policy
This Acceptable Use Policy sets out the terms between you and The
Pod Living under which you may access the website
www.thepodliving.com (referred to in this Acceptable
Use Policy as the Website).
This Acceptable Use Policy
applies to all users of, and visitors to, the Website. Your use of
the Website means that you accept, and agree to abide by, all the
policies in this Acceptable Use Policy, which supplement our
Conditions of Use.
Prohibited uses
You may use the Website only for lawful purposes. You may not use
the Website: ·
- in any way that breaches any applicable
local, national or international law or regulation;·
-
in any way that is unlawful or fraudulent, or has any unlawful or
fraudulent purpose or effect;·
- for the purpose
of harming or attempting to harm minors in any way;·
-
to send, knowingly receive, upload, download, use or re-use any
material which does not comply with our content
standards;·
- to transmit, or procure the sending
of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation(spam);
or·
- to knowingly transmit any data, send or
upload any material that contains viruses, Trojan horses, worms,
time-bombs, keystroke loggers, spyware, adware or any other harmful
programs or similar computer code designed to adversely affect the
operation of any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any
part of the Website in contravention of the provisions of our
Conditions of Use, or·
- not to access without
authority, interfere with, damage or disrupt any part of the
Website, any equipment or network on which the Website is stored any
software used in the provision of the Website, or any equipment or
network or software owned or used by any third party.
Interactive services
We may from time to time provide interactive services on the
Website, including, without limitation:
- comment
spaces and forums;
- public profiles
;·
- blogs; and·
- any other
forms of user-generated content.
Where we do provide any
interactive service, we will provide clear information to you about
the kind of service offered, if it is moderated and what form of
moderation is used. Information about data gathered during any
interactions is covered by our
Privacy Policy.
We will
do our best to assess any possible risks for users from third
parties when they use any interactive service provided on the
Website, and we will decide in each case whether it is appropriate
to use moderation of the relevant service (including what kind of
moderation to use) in the light of those risks.
However,
we are under no obligation to oversee, monitor or moderate any
interactive service we provide on the Website, and we expressly
exclude our liability for any loss or damage arising from the use of
any interactive service by a user in contravention of our content
standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will
normally provide you with a means of contacting the moderator,
should a concern or difficulty arise.
Content standards
These content standards apply to any and all material which you
contribute to the Website (contributions), and to any interactive
services associated with them. You must comply with the spirit of
the following standards as well as the letter. The standards apply
to each part of any contribution as well as to its whole.
Contributions
must:
- be accurate (where they state facts);
-
be genuinely held (where they state opinions); and·
-
comply with applicable law in Nigeria and in any country from which
they are posted.
Contributions must not:
-
contain any material which is defamatory of any person·
-
contain any material which is obscene, offensive, hateful or
inflammatory·
- promote sexually explicit
material·
- promote violence·
-
promote discrimination based on race, sex, religion or belief,
nationality, disability, sexual orientation or age·
-
infringe any copyright, database right or trade mark of any other
person·
- belikely to deceive any
person·
- be made in breach of any legal duty
owed to a third party, such as a contractual duty or a duty of
confidence·
- promote any illegal
activity·
- be threatening, abuse or invade
another's privacy, or cause annoyance, inconvenience or
needless anxiety·
- belikely to harass, upset,
embarrass, alarm or annoy any other person·
- be
used to impersonate any person, or to misrepresent your identity or
affiliation with any person·
- give the
impression that they emanate from us, if this is not the case,
or·
- advocate, promote or assist any unlawful
act such as (by way of example only) copyright, infringement or
computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a
breach of this Acceptable Use Policy through your use of the
Website. When a breach of this policy has occurred, we may take such
action as we deem appropriate.
Failure to comply with
this Acceptable Use Policy constitutes a material breach of the
Conditions of Use upon which you are permitted to use the Website,
and may result in our taking all or any of the following
actions:
- immediate, temporary or permanent
withdrawal of your right to use the Website;·
-
immediate, temporary or permanent removal of any posting or material
uploaded by you to the Website;
- issue of a
warning to you;
- legal proceedings against you for
reimbursement of all costs on an indemnity basis(including, but not
limited to, reasonable administrative and legal costs)resulting from
the breach;·
- further legal action against you,
or;
- disclosure of such information to law
enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to
breaches of this Acceptable Use Policy. The responses described in
this policy are not limited, and we may take any other action we
reasonably deem appropriate.
Changes to the Acceptable Use Policy
We may revise this Acceptable Use Policy at any time by amending
this page. You are expected to check this page from time to time to
take notice of any changes we make, as they are legally binding on
you.
Some of the provisions contained in this Acceptable
Use Policy may also be superseded by provisions or notices published
elsewhere on the Website.