Retinaad Limited and its related parties (RETITRAK, we, us, or our, as applicable) develop and offer products and services including RETITRAK website www.retitrak.com and other features, material, content or applications, as may be offered in the future, in connection with the RETITRAK website (collectively referred as the Website). This Terms of Use agreement (Agreement) sets the legally binding terms for using the Website.
By accessing and using the Website, whether as a visitor, using the Website without registration (Visitor), or as a user, who has a registered account with the Website (User) (Visitor and User collectively referred as You or Your, as applicable) You agree to all such terms, conditions and statements in this Agreement. If you do not agree to any provisions in this Agreement, you are not authorised to use the Website and must leave the Website.
2.1 By using the Website, you represent that:
2.2 If RETITRAK is informed or has reason to believe that you are not eligible to use the Website or that you become ineligible, your use may be terminated without notice and your account may be deleted. You do not have any right to use the Website for commercial use and if you wish to use the Website for commercial use, you must first contact RETITRAK at business@retinaad.africa to get prior written approval.
3.1 (General) You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you, including the content of your transmissions through the Website. By way of example, and not as a limitation, You agree not to do the following in relation to the Website:
3.2 (Restrictions on Offensive or Illegal Uses) Notwithstanding the above, RETITRAK strictly prohibits the use of the Website or any of its functionalities for offensive, illegal or harming purposes. You agree not to use the Website to create, edit, post or share any content that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the privacy of others or any other illegal, offensive or inappropriate content. RETITRAK reserves the right to remove any content which deems to be illegal, offensive or inappropriate, in RETITRAK’s sole discretion, and may take action against the User, including, but not limited to, suspending any or all use of the Website, in any way or manner, or terminating the User's account.
3.3 (Restrictions on Commercial Use) The Website is for the User’s personal use only and may not be used in connection with any commercial activity unless specifically approved in writing by RETITRAK. You agree not to use the Website for advertising or solicitation to buy or sell any products and for creating, sharing and sending unsolicited commercial messages. You agree not to transmit, post or otherwise make available on the Website, or any third party links, by embedded code or emails sent from the Website, any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other solicitation material. RETITRAK reserves the right to take legal action against Users who abuse the Website for transmitting, posting or sending unsolicited commercial messages, including, but not limited to, removing or modifying any postings in its discretion without notice, suspending any or all use of the Website or terminating the User's account.
RETITRAK reserves the right to modify, change or amend this Agreement and/ or Privacy Policy at any time. The revised version of the Agreement and/ or Privacy Policy will be posted on the Website. It is your responsibility to check this page from time to time for the latest version. The revised Agreement will take effect immediately it is posted on the Website. By continuing to use the Website after changes to the Agreement are posted, you agree to be legally bound by the revised Agreement. If you do not agree to the changes, you must stop using the Website.
RETITRAK reserves the right to modify, change, suspend, discontinue or remove any content or services provided on the Website, including but not limited to, features, functionalities, products, services, advertisements or any other content, at any time without notice. Certain services currently provided may be offered in the future for a fee, and RETITRAK reserves the right to charge fees for these services. RETITRAK may also offer certain services to commercial users, including media owners, and third-party technology partners, or offer API-based services, including for commercial use, under a separate agreement. RETITRAK will give the User prior notice of any fee-based services and will not charge any fees without the User's consent.
6.1 (Access) Certain portions of the Website may be accessed and viewed without an account. However, if you are required to register with the Website and create an account, including but not limited to the use of a unique username and password, you agree that the information provided shall be for the sole purpose as described in the Website.
6.2 (Registration and account information) You may be required to provide personal information, including but not limited to your name, email address, phone number and postal address, when registering with the Website. You agree that the information provided shall be accurate, complete and up to date and you agree to update such information when necessary. You are solely responsible for maintaining the confidentiality of your username and password and are responsible for all activities that occur under your account, including the content of your transmissions through the Website. You must notify RETITRAK immediately of any unauthorized use of your account. RETITRAK reserves the right to terminate your account if any information provided is false, incomplete or inaccurate.
7.1 (Content) You acknowledge and agree that all content and information provided on the Website, including but not limited to, text, graphics, logos, images, video, audio, data, software, source code, design, trademarks, trade names, service marks, and any other material or information, as well as the selection, arrangement and compilation thereof (collectively, the "Website Content"), are the exclusive property of RETITRAK and/ or its licensors, as applicable. The Website Content is protected by copyright, trademark and other intellectual property laws. Except as expressly authorized by RETITRAK, you agree not to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform or display the Website Content, in whole or in part, in any manner, without the prior written consent of RETITRAK. Any unauthorized use of the Website Content may violate copyright, trademark and other intellectual property laws and may result in criminal or civil penalties.
You agree to indemnify and hold RETITRAK and its affiliates, officers, directors, employees, agents and representatives harmless from any claims, liabilities, damages, losses, expenses and costs (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Website, your violation of this Agreement, your violation of any third party's rights or your violation of any applicable law or regulation. RETITRAK reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with RETITRAK in asserting any available defences.
9.1 (Disclaimer of warranties) THE WEBSITE AND ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. RETITRAK DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RETITRAK DOES NOT WARRANT THAT THE WEBSITE OR ANY CONTENT OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
9.2 (Limitation of liability) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RETITRAK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE, EVEN IF RETITRAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RETITRAK'S AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
10.1 You may terminate your account at any time by contacting RETITRAK at business@retinaad.africa or by using the account termination functionality provided on the Website, if available. Upon termination of your account, you will lose all access to the Website and any content or services provided on or through the Website.
10.2 RETITRAK may terminate or suspend your account or your access to the Website at any time, with or without notice, for any reason, including, but not limited to, your violation of this Agreement or any applicable law or regulation. Upon termination of your account, you will lose all access to the Website and any content or services provided on or through the Website.
10.3 Termination of your account does not relieve you of any obligations to pay any outstanding fees or charges, if applicable. Termination of your account does not affect RETITRAK's right to recover any amounts due to it, or to seek any other remedies available to it under applicable law.
10.4 You acknowledge and agree that termination of your account does not delete or remove any information or content that you have posted on the Website, including, but not limited to, reviews, comments, or other submissions, and that such information or content may continue to be accessible to other users of the Website.
This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and RETITRAK regarding your use of the Website and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement. Any waiver of any provision of this Agreement will be effective only if in writing and signed by RETITRAK. The failure of RETITRAK to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
This Agreement will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Nigeria, for the resolution of any disputes arising out of or relating to this Agreement or your use of the Website.
12.1 You agree that before taking any legal action against RETITRAK relating to or arising out of this Agreement, you will submit your claim to RETITRAK for resolution by sending an email to business@retinaad.africa. You agree that you will not take any legal action until thirty (30) days after the date you submit your claim to RETITRAK, unless RETITRAK has provided you with a written response to your claim within that time period.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. The invalid, illegal, or unenforceable provision will be replaced with a valid, legal, and enforceable provision that most closely reflects the intent of the parties.
If you have any questions, comments, or concerns about this Agreement or the Website, please contact us at business@retinaad.africa.
RETITRAK may modify this Agreement from time to time. If we make any changes, we will post the updated Agreement on the Website and update the "Last Updated" date at the top of this page. We encourage you to review this Agreement periodically for any changes. Your continued use of the Website after the updated Agreement is posted will constitute your acceptance of the changes.