General Terms of Service

Our Terms of Service are drafted to maximize your experience and enjoyment of the Platform. When you log into Naija Elections (the "Platform") and its related websites, applications, services, mobile apps and tools (Services), you ("you" or the "User") agree to comply with our Terms of Service, Policies and Community Guidelines (Terms).

Access to the Platform and its related Services are provided for private, non-commercial use. By logging into, accessing, using the Platform or its related Services or any of our related platforms via any device, you accept these Terms and enter a contract with us to abide by the conditions contained in the Terms of Service, our Policies and Community Guidelines.

We are constantly amending our Terms and Policies to improve our User experience and create an educative and informative experience on the platform. As such, we reserve the right to make changes to our terms of service and any such components or features, we will notify you of these changes to our features in line with our policy of openness and full disclosure.

In order to access the Platform and its related services, you will be required to create an account and in compliance with the applicable laws and regulations, you are required to provide accurate and updated personal information.

You bear sole responsibility for the use of your account on the Platform, this includes content you post, share, upload, repost and disseminate through or on the Platform.

You confirm that you are sufficiently authorized to provide the answers, responses, comments, opinions, analysis and recommendations that you provide on the Platform or any of its related services.

You shall not engage in activities which restrict or inhibit the ability or capacity of any other person to access the Platform or use its related Services, or expose the Platform, its Service Providers or other users to any harm or liability of any type.

Platform Usage

By accessing the Platform and its related Services, you confirm that you are above 18 years old and that you are able and legally competent to agree to these Terms. You also confirm that in compliance with these Terms and all applicable laws and regulations,

You acknowledge and agree that when you view content provided by others on the Platform and its related Services, you do so at your own risk. Access to the Platform is provided for general use only. Information on this Platform is not intended to be advice on which you should rely. Please seek and obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our Services.

You agree not to disrupt, interfere with or attempt to interfere with the proper working of or bypass any measures we may use to prevent or restrict access to the Platform and its related Services.

You shall not modify, adapt, translate, reverse-engineer, disassemble, decompile or create any derivative works of the Platform or its related Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Platform or its related Services or any derivative works thereof.

You shall not use the Platform or its Services, without our express written consent, for any unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

You shall not use automated scripts to collect information from or otherwise interact with the Platform or related Services;

You shall not impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Platform or its related Services;

You shall not intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

You shall not use or attempt to use another’s account, service or system without authorization, or create a false identity on the Platform and its related Services;

You shall not use the Platform and its related Services to upload, transmit, distribute, store or otherwise make available in any way:

1. Links, files or content that contain viruses, trojans, worms other material that is malicious or technologically harmful;
2. Unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
3. Private information of any third party, including addresses, phone numbers, email addresses, Personal Identity Numbers (e.g. National Identity Numbers, Bank Verification Numbers, Passport Numbers) or credit card numbers;
4. Material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
5. Material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
6. Material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
7. Material deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
8. Material that contains a threat of any kind, including threats of physical violence;
9. Material that is racist or discriminatory, including discrimination on the basis of someone's race, religion, age, gender, disability or sexuality;

Warranties and Indemnities

We are committed to building a community that promotes the rights of marginalized persons and persons of all genders, tribes, religions and races. We shall not be held liable or responsible and we make no warranty for the quality, safety, usability or other aspect of the Platform or any of its related Services. You hereby take responsibility for your actions on the platform and utilizing the Platform and its related Services provided herein.

We make no express or implied representations, warranties or guarantees, that any Content (including User Content) is accurate, complete or up to date. You agree that content containing links to other sites and resources provided by third parties are provided for your information only. We have no control over the contents of 3rd Party sites or resources. The Posting of such links should not be interpreted as our approval of those referenced websites or information to be obtained from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Platform and related Services (including User Content).

Limitation of Liability

Nothing in these terms shall exclude/limit our liability for losses which cannot be lawfully excluded or limited by applicable law and regulations. The provisions of this Section shall apply to all content on the Platform and its related Services.

Provided that we shall not be liable to you for loss or damage resulting from your usage of the Platform or its related services including but not limited to loss of opportunity; loss of profits; loss of goodwill; loss of data; or any indirect or consequential losses.

The Platform and its related services are made accessible on an "as is" basis without any warranty of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable laws and regulations.

Please note that we only provide the Platform and its related Services for domestic and private use. You agree not to use our platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption, or loss of business opportunity.

Additionally, we shall not be liable for any loss or damage which may be incurred as a result of reliance placed on the completeness, accuracy or existence of any information or content posted by 3rd Parties or other Users of the Platform; or as a result of your failure to provide us with accurate account information or your failure to secure your User account access details such as passwords and access codes; or for any changes which we may make to the Platform for the permanent or temporary cessation in the provision of the Platform and its related Services (or any features within the Platform and related Services); or for the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Platform and its related Services;

Jurisdiction

All questions with respect to the construction of these Terms, Policies, Community Guidelines and the rights and liabilities of Parties hereto, shall be governed by the laws of the Federal Republic of Nigeria The Parties also agree that the venue for determining disputes shall be the Federal Capital Territory, Abuja, Nigeria.

The parties expressly waive any claim to jurisdiction in any federal or other state forum or venue in any other county or place.

Dispute Resolution

Any controversy, claim or dispute arising from these Terms shall be conducted by and submitted to a single mediator (“mediator”) appointed by both Parties. The mediator shall be authorized to award non-compensatory damages.

Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the mediation, and shall pay an equal share of the fees and costs of the Mediator.

The Mediator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Mediator.

Not later than fifteen (15) calendar days after conclusion of the mediation, the mediator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the mediation award within fifteen (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction.

Policies

All questions with respect to the construction of these Terms, Policies, Community Guidelines and the rights and liabilities of Parties hereto, shall be governed by the laws of the Federal Republic of Nigeria The Parties also agree that the venue for determining disputes shall be the Federal Capital Territory, Abuja, Nigeria.

The parties expressly waive any claim to jurisdiction in any federal or other state forum or venue in any other county or place.

Intellectual Property Policy

We shall strive to build a community that respects the Intellectual Property Rights of everyone. Consequently, you agree that the Platform or its related Services shall not be used to infringe on the intellectual property rights of 3rd Parties.

Naija Elections and other brand extensions are trademarks of Kimpact Development Initiative (KDI) and except as otherwise stated, all other intellectual property is the exclusive property of KDI, or is used with express permission of the copyright and/or trademark owner.

The Platform contains proprietary material and information embedded in and inclusive of, but not limited to, text, software, photos, graphics, music and sound. We reserve all rights for the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.

You are hereby granted a limited, non-exclusive, non-transferable, revocable, license to access and use the Platform and its related Services, including the right to download the Platform on a permitted device, and to access the Platform solely for your personal, non-commercial use in compliance with these Terms.

The unauthorized copying, distribution, transmission, linking, deep-linking, reverse-engineering or other modification of the Platform, its source code or any of its related services is strictly prohibited. We reserve the right in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights. Violation of this policy may result in a copyright, trademark or other intellectual property right infringement action that may expose you to civil and/or criminal penalty.

By posting, sharing, transmitting or submitting any work or material to the Platform, you warrant that the owner of the work has expressly granted the Platform the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.

You also permit any other user or 3rd Party to access, view, store or reproduce the material on the Platform for that User's personal use.

You hereby grant the Platform the right to edit, copy, publish and distribute any material made available on the Platform.

You shall not upload, post or otherwise make available on this Platform any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

You acknowledge that you do not acquire any ownership rights by copying, saving or downloading protected proprietary material. You agree not to modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.

You may download, print or save copyrighted material for your personal use only. Except as otherwise expressly permitted by applicable Law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the copyright owner is permitted.

Where copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

We do not have any express burden or responsibility to provide indications, markings or anything else that may aid the determination whether any material in question is exclusively protected by the Intellectual Property right of any person. You agree to be solely liable for any damage resulting from the infringement of copyrights, trademarks, proprietary rights or any other harm resulting from posting,

Privacy Policy

By using the Platform and its related services, you expressly consent to our collection, use, disclosure and retention of your personal information as described in this Privacy Policy and our Terms of Service.

We take your Privacy very seriously and have taken every possible step towards protecting, retaining and ensuring the security and confidentiality of your personal information. Our use of your personal information is governed by this Policy and in line with Local and International Data Protection Regulations as well as other relevant laws regulating the protection of your personal information and data.

We have deployed ultramodern security measures to protect your data and information from loss, misuse, unauthorized access or disclosure, alteration, or destruction and unauthorized users.

In order to create an account or use the Platform or any of its related services, you will be required to provide your name, address, phone number, email address, or any other information to anyone. You can see, review and change most of your personal information by signing on to Platform. You agree to promptly update your personal information if it changes or becomes inaccurate.

Your personal information will not be shared without your permission, except as permitted by law or in compliance with an order of Court.

You have a significant role to play in keeping your information safe. You are responsible for securing your password and login details which you shouldn’t share these with others. If you do share your password or your personal information with others, please note that you are responsible for all actions taken in the name of your account. Loss of your password may mean substantial loss of control over your account. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.

Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with the Terms, applicable law and regulations and International Best Practices.

We may need to retain personal information from closed accounts to comply with the provisions of the law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Service, and take other actions otherwise permitted by law.

If you access the Platform from a shared device, certain information about you, such as your user ID, activity or reminders may also be visible to other individuals who use the device.

Information you share with us is confidential and will not be shared with 3rd parties without your consent or knowledge. We retain personal information from accounts to comply with the law, prevent fraud, make collections, resolve disputes, troubleshoot problems and assist with any investigations.

We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising.

Community Guidelines on Hate Speech, Money Laundering, Terrorist Financing, Cyber Stalking and Cyber Bullying

In compliance with applicable Laws and Regulations, you may not use the Platform or its related Services to post, upload, share, transmit, distribute or store any User Content that:

1. Threatens the unity, integrity, security or sovereignty of the Federal Republic of Nigeria
2. Is contrary to public order, public safety, and public morality; or causes incitement to the commission of any crime or the infringement of the rights of any person; or obstructs the investigation of any offence.
3. Is related to or encouraging money laundering, terrorist financing, or otherwise any activity that is unlawful in any manner whatsoever;
4. Promote violence or hatred against individuals or groups based on their natural or intrinsic attributes such as race, gender, ethnicity etc
5. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
6. Contains disinformation and misinformation or seeks to amplify disinformation and misinformation.
7. Threatens and targets individual with prolonged or malicious insults based on intrinsic attributes or physical traits.
8. If you find content that violates this policy, report it.
9. If specific threats are made against you and you feel unsafe, report it directly to your local law enforcement agency.