Abode Terms of Use
Welcome to Abode a software service, hereinafter referred to as `Abode` or `Website` or `Service` that offers its services, described later in this document, through the Website www.myabode.app. You and all persons using Abode, whether or not registered, will be referred to herein as the User. The User using and enjoying Abode must know and accept the following Terms and Conditions of Use and Privacy Policies (hereinafter referred to as the `TERMS`). Abode Assets Limited is the owner of Abode and is committed to protect the information of the User according to the laws, legal provisions and other rules that regulate the protection of data, the privacy or handling information and other norms that are in accordance with the public order. The Terms and Conditions of Use are the following:
1. Acceptance of Terms and Conditions
At the time a user logs in, connects or use the website, the User understands and accepts the Terms and Conditions including the Privacy Policy of Abode. The User accepts all applicable laws and regulations regarding the access and connectivity to Abode website. If the User does not accept any of the Terms and Conditions, the User should not connect or access Abode website in any way. The User has the responsibility to comply with all laws, regulations, or any other obligations related to the service. Abode recommends the User to carefully review the Terms and Conditions prior to make any activity on the Website. The person who logs in, connects, accesses or uses the Abode Application, recognizes that the conditions constitute a binding and enforceable legal agreement between Abode and the User.
2. Services and Functioning of Abode
Abode is a platform that enables users to access and purchase goods and property either as a group or as an individual. The User can have access to the services by completing the User Registration process. Once the User completes the registration process, they will be able to request and use the services.
3. Rights that the User grants to Abode
The User authorizes Abode to: (1) Use the processor, bandwidth, and storage hardware of the User´s device to facilitate the operation of the Service, (2) Publish advertisements or other information of Abode and partners Commercial, affiliates, anywhere, in the world.
4. Registration of Users authorized to access Abode
The User to register must enter their e-mail address and a password which the User must commit not to divulge to third parties.
Abode will send a message to confirm the email address, once it is successfully confirmed the User must complete the next steps: 1. profile, 2. application and 3. Payment (where applicable), and must enter their name, last name, company name, address and phone number.
By registering on Abode, the User affirms that they are of legal age (over 18) and accepts these Terms and Conditions. If the User is not of legal age, he must not use the Application, nor provide Abode with any personal data. Abode reserves the right to request an age test at any time in order to verify that minors are not using Abode. In the event that Abode is aware that a minor is using the Application, Abode may prohibit and block the use and access of such User and will quickly eliminate any personal information in relation to the minor age User. Abode reserves the right to perform the verification of data provided in the registration process and to grant access to the Website.
5. Profile Settings
By registering for the Website, the User can modify their profile at any time by entering to: settings page and adding or modifying the registration information such as first name, last name, cell phone number and active e-mail. It also allows the User to change the password, which must be handled with confidentiality at all times. When registering for the Application, the User must provide only true and accurate information, otherwise Abode will be unable to guarantee good services.
6. Users Responsibilities
The responsibilities of the Users imposed by the laws and regulations, are the following:
- Maintaining the profile information confidential
- Being over the legally required age and providing any documentation required by Abode.
- Providing accurate data when completing the registration process
- Authorizing Abode to collect, process, analyse and store feedback from its customers.
7. Security Policy
Abode will take the necessary measures to safeguard the security or protection of the data and the secret password of the User. In case of changes in the information registered in the Application, or in case of any irregularity or simply as a protection of the identity of the User, Abode may contact the User by telephone or email, in order to corroborate the changes and try to avoid possible Frauds. The personal data that are voluntarily delivered to the Application can only be processed by Abode for automatic filling of the documents and for the operation of the Application; such information will not be delivered to third parties. The User may revoke the authorization to use his or her personal data in accordance with the Data Protection Law or rules that regulate this theme. For this the User can contact Abode through a customer service e-mail.
8. Prices informed in the Application
The prices published in the Application or in the application or on the website are the valid and current prices and include taxes. Any changes to the information published in the Application, including services, prices of the conditions, promotions and offers, will be published and will have effect on future operations, without affecting, in any case, the rights acquired by the User or services previously agreed.
9. How to purchase goods and property on Abode
To make a purchase of the Service available in the website, the User must follow the steps:
- Enter the username and password. If you are not registered on the website, the User must register.
- Regarding the payment form, the online payment option will be given (Credit card, PSE, bank transfer) by ……
- Credit card information is not stored by Abode.
- On the Application once the order is placed, we will send you a confirmation e-mail
10. Means of Payment for the Application
The User will have the option to pay the services of the Application through a payment gateway called ……, for which he will also be subject to the Terms and Conditions of the same, which can be found in the following link:……. All aspects related to the use of the means of payment, such as their date of issue, expiration, quota, blockages, etc., will be subject to the agreement between the User and the financial or banking issuer.
Payment is understood to have been made to the independent provider, and payments include applicable taxes as required by law. Payments are final and will not be refundable unless Abode deems it different. Abode may at its discretion and criteria increase, decrease or modify the rates for the services obtained. Modifiable charges will also apply for the following transactions at the time of modification and may vary depending on the high demand for the service. Abode will make the greatest effort to inform the User the applicable rate before using the service.
11. Restriction of Use
The Users cannot, directly or through any third person, execute the following activities:
- Use the website for illicit, illegal or unauthorized purposes.
- Use the website in any form for spam activities or similar conduct.
- Allow access to unauthorized Users and minors. The User assumes all responsibility for the unauthorized User or minor that access Abode on their behalf.
- Interfere with or disrupt the operation of Abode or of the servers or networks that hosts Abode, or disobey laws, regulations, requirements, procedures, policies or regulations of such servers or networks
- Publish or otherwise make available through Abode any content, text or information that is abusive, threatening, obscene, or offensive in any manner.
- Provide false information on Abode, either directly or indirectly.
- Misrepresent the User´s affiliation with any person or entity, or publishing false or inaccurate information in Abode.
- Transmit, distribute, display or make available through or in connection with Abode any content, including content generated by the User, which may infringe third party rights, including intellectual property rights and privacy rights, or it can contain any illegal content.
- Make screenshots, linking, hot linking, link, indexing or redirecting to unauthorized Third-Party Sites.
- Take any action that imposes or may impose, at the discretion of Abode, an unreasonable or disproportionately large content load on the infrastructure of the Application
- Violating security measures in order to prevent or restrict access to Abode.
- Copy, modify, alter, adapt, make available, translate, or disassemble any part of Abode.
- Create a browser frame (framing), or graphical User interface (GUI) about Abode without permission.
- Affecting the security of Abode Application by sending personal information and contact information (such as emails, phone numbers, etc.) to other Users in order not to do illicit activities.
- Perform any activities that is contrary to public policy and strict compliance rules that govern this type of Internet activities.
In case of any violation to the provisions of the Terms and Conditions, Abode can cancel the User`s account and may initiate legal action.
As a condition for using Abode, the User agrees and warrants that:
- Will not infringe or violate the Terms and Conditions of Abode.
- Has the legal capacity to enter into these Terms and Conditions and form a binding agreement under any applicable law.
- Commits to use Abode in accordance with the Terms and Conditions, and fully comply with its obligations.
- In the exercise of the Terms and Conditions, the User will not violate any other agreement to which the User is bound by provision of any law, rule, regulation, order or judgement
- Abode, its officers, directors, employees, agents and contractors are independent and have no employment relationship or some sort of labour relationship with any User or the account.
Users are prohibited from participating in activities, publishing content or registering or using a Username that has the following characteristics or includes material with these characteristics:
- Offensive, abusive, defamatory, pornographic, threatening or obscene
- Illegal, aimed at promoting or committing an unlawful act of any kind, including infringement of intellectual property rights, privacy rights or property rights of Abode or a third party.
- Include the User´s password or intentionally include the password of another user or the personal data of third parties, or it is intended to request such personal data
- Includes malicious content, such as malware, trojans or viruses, or otherwise prevents a user from accessing the Service.
- It is intended to harass or intimidate other users.
- Usurps or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, misleading or inaccurate.
- Use automated means to promote fictitious content.
- Involves the transmission of unwanted bulk mail or other forms of mass mail (spam), junk mail, chain messages or similar items, even through the Abode inbox.
- Includes commercial or sales activities, such as advertising, deceptive advertising, contests, sweepstakes or pyramid schemes, which are not expressly authorized by Abode
- Includes links to references or otherwise promote commercial services or products, unless expressly authorized by Abode.
- Interfere with Abode or in any way harms, manipulates, infringes or attempts to investigate, exploit or examine vulnerabilities in the Service or in systems or networks, in the rules of use or in any security component, Abode authentication measure or any other security measure corresponding to the Service, the Content or a part thereof.
- It conflicts with the Terms and Conditions or Privacy Policy, as determined by Abode.
The User understands and agrees that posting such User Content may result in the termination or immediate suspension of his account at Abode. You also agree that Abode may also retrieve your user data for any reason
12. License to Use Abode
The Content in the Application are owned by Abode or Abode licensors. The User acquire a limited, non-exclusive, non-transferable, revocable license to use Abode service, and a limited, non-exclusive, revocable license to make personal, non-commercial use of the Content (the `License`). This License will remain valid until the User or Abode cancels it.
13. Trademark and Copyright
Abode, in compliance with the provisions of Intellectual Property and Copyright provides:
- Users can upload their own materials subject to the laws and regulations concerning intellectual property. This material will be subject to the rules and regulations related with Copyright (hereinafter `Content generated by the User`)
- The User understands and agrees that is the owner and responsible for the content loaded in the Application. Also, it assumes all consequences holding Abode harmless of any legal liability (even after the User´s account is cancelled regardless of the reason) from any third-party claims.
- The User states that he is the author and owner of the uploaded content on the Application, or has all necessary licenses, rights, consents and permissions from their rightful owners, which are required to publish and ensure they do not infringe the copyright of third parties or other rights
- The User agrees not to upload any content that is illegal or if at the time of publication was legal has been subsequently declared illegal
14. Media with the User
Abode may send through the Application promotional codes, important notices about the service and any other information that it considers important for the User. At no time will Abode send illicit messages or with inappropriate information
15. Privacy Policy
Abode respects the User´s privacy and its handling are described in detail in Abode´s Privacy Policy, which is an integral part of this document. It is understood that the User knows and accepts the Privacy Policy once registered as User in the Application
16. Period of effect and termination
Abode may terminate the Terms or suspend access to the Abode service to the User at any time, either due to inappropriate or illegal use of the Application
17. Termination for breach, suspension and other measures
Abode may immediately terminate these Terms without notice if (i) The User has seriously breached, (ii) The User has provided inaccurate, fraudulent, non-updated or incomplete information during User's account registration and during use (Iii) The User has violated applicable laws or regulations, or the rights of third parties, or (iv) Abode believes in good faith that such action is reasonably necessary to protect the security or property of other Users of Abode or to prevent fraudulent activities, to evaluate risks or to conduct investigations.
18. Abode Trademark
The brand, logo, advertising, slogan and all other related identifiers are owned by Abode Assets Limited, whether is or not registered. Other trademarks, service brands, trade names and logos appearing on Abode trademarks belong to their respective owners (`Third Party Brands`). No right, license or interest on brands of Abode or third-party trademarks is granted hereunder. The User agrees that there is no right; license or interest with respect to brands of Abode or third-party trademarks and therefore the User will avoid using any of these brands without authorization. Abode´s brands and Third Parties’ brands are governed by the rules and regulation of intellectual property and other laws.
19. Links to Third Party Sites
Abode may contain links to third party Applications ("Third Party Sites"), which may be suggested by Abode or shared by any User. The User acknowledge that Abode has no control over such Third-Party Sites or the Information of Third-Party Sites, and acknowledge and agree that Abode is not responsible for the availability of Third-Party Sites, nor for the information, service, content, advertising, products or any materials available on them. The User further acknowledge and agrees that Abode is not liable, directly or indirectly, for any damage or loss that is caused by Other User of any service, content, products or other materials available through Third Party Sites. The Third-Party Sites are governed by their respective Terms and Conditions and Privacy Policy. The User must know and accept such documents before using Third Party Sites
20. Advertisements
Abode may integrate ads or sponsored links to the website. If a User clicks on the ads can be transferred to an application of an advertiser, a messages page, information page or to an offer. All information contained in the advertisements belong exclusively to the advertisers. Abode has no representation in these ads, nor has control over those ads. Abode, advertisers or third parties related thereto may be entitled to certain profits of such advertisements. The User agrees and acknowledges that they have no right or interest, and that will not be granted rights or guarantees with respect to the revenue from the ads
21. Viability and Functionality
The viability and functionality of Abode depends on various factors, such as communication networks, software, hardware, service providers and contractors. Abode does not guarantee that the Application will work at all times without interruption, or is immune from unauthorized access or error free. Abode will do everything possible at all times to ensure that the provision and operation of the Application is in good condition and that the User can access without any problem.
22. Guaranty and Liability
IN THE EVENT OF MISLEADING REPRESENTATION OR CONDUCT OF THE USER, ABODE CAN DECIDE TO CANCEL THE USER'S REGISTRATION WITHOUT HAVING TO EXPLAIN THE MAIN REASONS. NO ACTION OF ABODEMAY BE INTERPRETED AS AN ACCEPTANCE OF ANY LIABILITY.
23. Limitation of liability
THE USE OF THE WEBSITE AND THE PURCHASE OF ANY SERVICE IS EXCLUSIVE RESPONSIBILITY OF THE USER TO THEIR OWN RISK. ABODE IS NOT LIABLE FOR DAMAGES ARISING FROM ANY EVENT RELATED WITH THE USE OR INABILITY TO USE THE WEBSITE WHETHER ABODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT WHERE IS MANDATORY LIABLE, IN WHICH EVENT LIABILITY FOR DAMAGES IS LIMITED TO THE PURCHASE PRICE OF THE SERVICE. STATUTORY PROVISIONS APPLY TO CLAIMS DUE TO DEFECTIVE SERVICES. THE USER´S CONSUMER RIGHTS REMAIN UNAFFECTED IN ANY CASE.
24. Indemnity
The User agrees to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Services. Abode shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. Abode reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, the User agrees to cooperate with any reasonable requests assisting our defence of such matter.
25. Changes in Terms and Conditions
Abode may change the Terms and Conditions and Privacy Policy at any time. If substantial changes are made, Abode will notify the Users through the website. The Terms and Conditions can be modified to comply with legal requirements, its changes can take effect even immediately, or as required by law and without prior notice. Users must, after the entry into force of the new changes, read and indicate its acceptance. Abode recommends the User to review the Terms and Conditions from time to time, as they can change. If the User does not agree with the amendment to the Terms and Conditions or Privacy Policy, they may cancel the account on the website.
26. Transfer
These Terms, and the User´s rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by the User without Abode prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Abode may freely assign these Terms.
27. Dispute Resolution
- a. Applicability of Mediation Agreement.
- b. Notice Requirement and Informal Dispute Resolution.
- c. Mediation Rules.
- d. Waiver of Jury Trial.
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms of use and the policy privacy or any product or service provided by Abode that cannot be resolved informally or in small claims court shall be resolved by binding Mediation on an individual basis under the terms of this Mediation and Conciliatory Agreement. Unless otherwise agreed to, all Mediation proceedings shall be held in English. This Mediation and Conciliatory Agreement applies to the User and Abode Assets Limited, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Before either party may seek Mediation, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Abode should be sent to: info@myabodeapp.app. After the Notice is received, the User and Abode may attempt to resolve the claim or dispute informally. If the User and Abode do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Mediation shall be initiated at the Lagos State Multi-Door Court House, an established alternative dispute resolution provider (“ADR Provider”) that offers mediation as set forth in this section. The rules of the Lagos State Multi-Door Court House shall govern all aspects of the mediation including but not limited to the method of initiating and/or demanding mediation, except to the extent such rules are in conflict with the Terms. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the mediation and shall pay an equal share of the fees and costs of the ADR Provider.
The award of the Mediator appointed by the Lagos State Multi-Door Court House is final and binding upon the User and Abode Assets Limited
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Mediation Agreement
28. General
- These Terms and Conditions shall not be taken as a relationship, partnership, joint venture, employee-employer relationship, agency or franchisor-franchisee relationship between Abode and the User or third parties related.
- Any claim relating to Abode or the User shall be governed by the laws, decisions, documents and treaties between international laws related to intellectual property, data protection and other related services on the internet materials.
- If any provision in these Terms and Conditions is unlawful, void, or unenforceable, that provision shall be deemed severable from this document and will not affect the validity and enforceability of the remaining provisions
- These terms are the current Terms and Conditions and supersede any previous verbal or written agreement between the User and Abode.
29. Concerns or Questions
If the User has any questions (or comments) about the Terms and Conditions and / or Privacy Policy, the User can send an email to the following address: info@myabodeapp.app. Abode will respond shortly. This Agreement does not grant or imply rights or actions to persons other than Users. Thank you for reading our Terms and Conditions of Use and / or Privacy Policy and for using our Service.