- Introduction
Reliance Infosystems Limited and its affiliates and subsidiaries (“Reliance” or “we” or “our” or “us”) are the operators of Modiva, a platform consisting of a website, a blog and any other application or media channel together with any other supporting infrastructure related, linked, or otherwise connected thereto) (Collectively, “this Platform”) meant to host a community of professionals that are expected to interact via forums, seek professional assistance and access self-guided learning materials among other functionalities. These terms and conditions of use shall apply to users of this Platform.
By using this Platform, you, whether personally or on behalf of an entity (“you”), accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use this Platform. If you use this Platform, then by so doing you:
- confirm that you have obtained the necessary authority to agree to these general terms and conditions;
- bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and
- agree that “you” in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.
- Registration and account
- You may not register with this Platform if you are under 18 years of age (by using this Platform or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age).
- You may register for an account with this Platform by completing and submitting the registration form on this Platform.
- You represent and warrant that all information provided in the registration form is complete and accurate.
- If you register for an account with this Platform, you will be asked to provide an email address/user ID and password and you agree to:
- keep your password confidential;
- notify us in writing immediately if you become aware of any disclosure of your password; and
- be responsible for any activity on this Platform arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
- Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf, this shall be at your own risk.
- You will not use this Platform for any illegal or unauthorized purpose.
- Your use of this Platform will not violate any applicable law or regulation.
- We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation.
- Rules about your Content
- In these general terms and conditions, “Content” include:
- all works and materials (including without limitation text, graphics, images, audio-visual material, scripts, software and files) that you submit to us for processing by, or onward transmission or for use by other users on this Platform; and
- all communications on this Platform, including product reviews, feedback and comments.
- Your Content, and the use of your Content by us in accordance with these general terms and conditions, must be accurate, complete and truthful.
- Your Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet, and must not:
- be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
- depict violence in an explicit, graphic or gratuitous manner; or
- be blasphemous, in breach of racial or religious hatred or discrimination legislation;
- be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
- cause annoyance, inconvenience or needless anxiety to any person; or
- constitute spam.
- Your Content must not be illegal or unlawful, infringe any person’s legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your Content must not infringe or breach:
- any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
- any right of confidence, right of privacy or right under data protection legislation;
- any contractual obligation owed to any person; or
- any court order
- Any review function on this Platform may be used to facilitate user reviews on products and services. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.
- You must not interfere with a use by communicating with another user to warn them away from use of this Platform;
- We may periodically review your Content and we reserve the right to remove any Content in our discretion for any reason whatsoever without notice to you.
- If you learn of any unlawful Content, material or activity on this platform, or any Content, material or activity that breaches these general terms and conditions, you may inform us by contacting us.
- Use of this Platform:
- You may:
- view pages from this Platform in a web browser;
- download pages from this Platform for caching in a web browser;
- print pages from this Platform for your own personal and non-commercial use, providing that such printing is not systematic or excessive; and
Subject to the other provisions of these general terms and conditions.
- Except as expressly permitted by the other provisions of these general terms and conditions, you must not download any Content from this Platform or save any such Content to your computer.
- You may only use this Platform for its purpose and no other purpose.
- Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any Content or material on this platform.
- Unless you own or control the relevant rights in the Content or material, you must not:
- republish Content or material from this Platform (including republication on another website);
- sell, rent or sub-license Content or material from this Platform;
- exploit Content or material from this Platform for a commercial purpose; or
- redistribute Content or material from this Platform.
- Transmit, perform, reproduce, create derivative works from, transfer or sell any Content or material obtained from this Platform.
- Notwithstanding the provisions of this section, you may forward links to products on this Platform and redistribute our newsletter and promotional materials in print and electronic form to any person.
- We reserve the right to suspend or restrict access to this Platform, to areas of this Platform and/or to its functionality. We may, for example, suspend access to this Platform during server maintenance or when we update this Platform. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on this Platform.
- You must not:
- use this Platform in any way or take any action that causes, or may cause, damage to this Platform or impairment of the performance, availability, accessibility, integrity or security of this Platform;
- use this Platform in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- hack or otherwise tamper with this Platform;
- probe, scan or test the vulnerability of this Platform without our permission;
- circumvent any authentication or security systems or processes on or relating to this Platform;
- use this Platform to copy, store, host, transmit, send, use, publish or distribute any Content or material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- impose an unreasonably large load on the resources of this Platform (including bandwidth, storage capacity and processing capacity);
- decrypt or decipher any Content or communications sent by or to this Platform without our permission;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Platform without our express written consent;
- access or otherwise interact with this Platform using any robot, spider or other automated means, except for the purpose of search engine indexing;
- use this Platform except by means of our public interfaces;
- violate the directives set out in the robots.txt file for this Platform;
- use data collected from this Platform for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);
- use this Platform for surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) without our consent.
- Upload, or otherwise make available, Content that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same, or
- do anything that interferes with or restricts or inhibits the normal use of this Platform.
- Copyright and trademarks
- Subject to the express provisions of these terms and conditions:
- we, together with our licensors, own and control all the copyright and other intellectual property rights in this Platform and the Content and material on this Platform; and
- all the copyright and other intellectual property rights in this Platform and the Content and material on this Platform are reserved.
- Our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
- The third party registered and unregistered trademarks or service marks on this Platform are the property of their respective owners and as such we cannot grant any license to trademarks or service marks.
- By posting, uploading, inputting, providing or submitting any Content or material including a feedback, suggestions on this Platform, you are granting us permission to use your said Content or material in connection with the operation of this Platform (including, without limitation, all our businesses and services, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content or materials; to publish your name in connection with your Content or material; and the right to sublicense such rights.
- We shall not pay you any fee or compensation with respect to the use of your Content or material, as provided herein. We are under no obligation to post or use any Content or material you may provide and we may remove any Content or material at any time in our sole discretion.
- Data Privacy
- Users of this Platform agree to processing of their personal data in accordance with the terms of our Privacy and Cookie Policy.
- We shall process all personal data obtained through this Platform and related services in accordance with the terms herein and the terms of our Privacy and Cookie Policy.
- Due diligence and audit rights
- We operate an ethics and anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of this Platform.
- You agree to provide to us all such information and documentation as we may require:
- in order to verify your adherence to, and performance of, your obligations under this Agreement;
- for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
- as otherwise required by law or applicable regulation.
- Our role:
- You acknowledge that:
- we do not confirm the identity of all users of this Platform, check or confirm their competence or bona fides, or otherwise vet them;
- we are not the agents for any user or Original Equipment Manufacturer.
and accordingly we will not be liable to you or any person in relation to the use of this Platform or the sale, use of any products and services advertised on this Platform. We also do not confirm, guarantee or recommend the competence or accuracy of the information provided by other users on this Platform. We have only provided a platform for interaction among users.
- We do not warrant or represent:
- that the Platform will operate without fault; or
- that the Platform or any service on the Platform will remain available.
- Always apply caution when giving out any personally identifiable information about yourself or any other person on this Platform. We do not control or endorse the Content, material, messages or information found on this Platform and, therefore, we specifically disclaim any liability with regard to this Platform and any actions resulting from your use of this Platform. No user, platform manager or host is our authorized spokespersons, and their views do not necessarily reflect our view.
- We reserve the right to discontinue or alter any or all of our services on this Platform, and to stop operating this Platform or publishing on this Platform, at any time in our sole discretion without notice or explanation.
- To the maximum extent permitted by applicable law below, we exclude all representations and warranties relating to the subject matter of these general terms and conditions, this Platform and the use of this Platform.
- Contents or materials uploaded to this platform may be subject to limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the Content or materials.
- Limitations and exclusions of liability
- Nothing in these terms and conditions will:
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities or statutory rights that may not be excluded under applicable law.
- The limitations and exclusions of liability set out in this section 12 and elsewhere in these terms and conditions:
- govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions
- In respect of the products or services offered on this Platform by us and your use of the Content and material on this Platform, we will not be liable to you for any loss or damage of any nature whatsoever.
- We will not be liable to you for any loss or damage of any nature, including in respect of:
- any losses occasioned by any interruption or dysfunction to this Platform;
- any losses arising out of any event or events beyond our reasonable control;
- any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
- any loss or corruption of any data, database or software; or
- any special, indirect or consequential loss or damage.
- We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the use of this Platform or these terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- This Platform may include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations or endorsements by us. We have no control over third-party websites and their Contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
- Indemnification
- You hereby indemnify us, and undertake to keep us indemnified, against:
- any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of this Platform or any breach by you of any provision of these general terms and conditions or our published codes, policies or guidelines; and
- any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through this Platform, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.
- Breaches of these terms and conditions
- If we permit the registration of an account on this Platform, it will remain open indefinitely, subject to these terms and conditions.
- If you breach these terms and conditions, or if we reasonably suspect that you have breached these terms and conditions or any of our published codes, policies or guidelines in any way or for any other reason whatsoever, we may without notice to you:
- temporarily suspend your access to this Platform;
- permanently prohibit you from accessing this Platform;
- block computers using your IP address from accessing this Platform;
- contact any or all of your internet service providers and request that they block your access to this Platform;
- suspend or delete your account on this Platform; and/or
- commence legal action against you, whether for breach of contract or otherwise.
- Where we suspend, prohibit or block your access to this Platform, or a part of this Platform, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
- We reserve the right to review Content or materials posted to this Platform and to remove any Content or materials in our sole discretion without recourse or notice to you.
- We reserve the right at all times to disclose any Content, material or information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Content, material or information or materials, in whole or in part, in our sole discretion.
- Entire Agreement
These terms and conditions and our published codes, policies and guidelines shall constitute the entire agreement between you and us in relation to your use of this Platform and shall supersede all previous agreements between you and us in relation to your use of this Platform.
- Hierarchy
Should these terms and conditions and our published codes, policies and guidelines be in conflict, these terms and conditions, and our published codes, policies and guidelines shall prevail in the order here stated.
- Variation
- We may revise these terms and conditions and our published codes, policies and guidelines from time to time without notice to you.
- The revised terms and conditions shall apply from the date of publication on this Platform.
- Severability
- If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Assignment
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
- You shall not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
- Third party rights
- A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party
- Law and jurisdiction
- These terms and conditions shall be governed by and construed in accordance with the laws of Nigeria.
- Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Nigeria.
- Unsolicited ideas submission: We or any of our employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. If you send them, kindly be notified that we make no assurances that your ideas and materials will be treated as confidential or proprietary.
- Our Company Details
The Modiva is operated by Reliance Infosystems Limited. We are registered in Nigeria under registration number RC 468576, and our head office is 71i, Freedom Way, Lekki Phase 1, Lagos, Nigeria. You can contact us by using our contact form or details on this platform.