Terms and Conditions

  1. Introduction
  2. These Terms of Use (“these Terms”) constitute a legally binding contract between ZOEAFOUNTAIN LIMITED (Proprietors of the AppreciateMe web solution) RC995443 (the “Company” or “We” or “Our” or “Us”) and every natural person or entity ("you” or “user”) accessing, using or visiting the AppreciateMe web solution (the Web Solution) or registering for our services via any other means with or without an AppreciateMe channel (collectively referred to as the/our “Platform”). These terms, alongside all further terms/policies expressly incorporated by reference shall govern your access and use of the Platform. We reserve the right in our sole discretion to deny users access to the Web Solution or any part of the same without notice and to decline to provide the Service to any user that is in breach of these Terms.
  3. Definitions
  4. “Third Party” refers to any person other than AppreciateMe.
    “Person” refers to an individual, sole proprietorship, partnership, joint venture, Limited Liability Company, limited liability partnership, trust, estate, unincorporated organization, association, corporation, institution, or other entity.
    “Affiliate” means, with respect to any Person (as defined above), any other Person which directly or indirectly through one or more intermediaries’ controls, is controlled by, or is under common control with, such Person.
    “User Content" means any and all information and content that a user submits to the Platform.
  5. Acceptance of Terms
  6. By clicking “I agree” (or a similar checkbox or button), or accessing or using the Services, or by opening an channel with the Platform, you indicate your acceptance and subsequent agreement to be bound by the following terms, and any other conditions or policies issued by us from time to time which are deemed incorporated into these Terms. If you are accepting these terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do. Please read these Terms and Conditions, our Privacy Policy and Cookies Policy carefully before indicating your acceptance as mentioned above. Your access to and use of our services is conditioned on your acceptance of and compliance with these terms, conditions and policies. If you do not wish to be bound these (or any updates to or modified versions thereof), you should discontinue use of the website and/or app immediately.
  7. Eligibility
  8. This platform is available only to individuals who have a registered bank channel with any of the licensed Banks in Nigeria and have been given a Bank Verification Number (BVN) by the financial institution.
  9. Registration
  10. In order to access the services offered on the Platform you shall be required to open a channel and set up a profile by choosing a username and password and provide other important information including but not limited to your email address, and certain information about your financial situation and risk preferences (collectively, “Client Information”). We reserve the right to restrict certain areas of information on the Platform to such registered users.

    You warrant that all information provided to us on the platform is accurate and we may rely on it. If any of the information you have given to us changes before we accept your registration, you must notify us immediately. If any of the information you have given to us is inaccurate and we are damaged (harmed) as a result, you undertake to indemnify us accordingly.

    You shall maintain and promptly update your Client Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your channel and refuse any and all current or future use of the Platform by you. .

    Our Privacy Policies incorporated herein by this reference sets out measures put in place to protect your Information and your privacy in relation to your use of our Platform. You shall be responsible however, for maintaining the confidentiality of your username and password. Please notify us immediately of any unauthorized use of your username, password, or channel. We will not be responsible for any losses arising out of the unauthorized use of your channel and you agree to indemnify and hold harmless the Company and its managing members, officers, equity holders, employees, partners, parents, subsidiaries, agents, affiliates, and licensors (collectively, "Affiliates"), as applicable, for any improper, unauthorized or illegal uses of your channel and as otherwise set forth in these Terms. .

    We shall impose all registrations to statutorily prescribed “Know Your Customer” procedures.
  11. Use of Electronic Signatures
  12. By registering for services provided on the Platform, you warrant that you are aware and subsequently consent that electronic signatures and electronic documents will be used instead of paper documents. You agree and are giving consent to electronic delivery of all communications which includes, but is not limited to, all current and future channel statements, investment/trade confirmations, notices, disclosures, regulatory communications (including prospectuses, proxy solicitations and privacy notices) and other information, documents, data and records regarding your channel. Your consent will be effective immediately and will remain in effect until it is revoked
  13. Consent
  14. You hereby consent and authorize us to use our service providers payment gateways, API to credit the intended beneficiaries of the donation.

    In addition, you hereby authorize us to receive, use and share data/information collected from your transaction with other affiliated third parties.
  15. Lawful Use
  16. We grant you a non-assignable, non-exclusive and revocable license to use the Platform in order to access services provided therein in the manner permitted by these Terms.

    You agree not to use the Platform in any manner

    1. That violates any third-party right or any intellectual property or proprietary right
    2. That is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual
    3. That is harmful to minors in any way; or
    4. That is in violation of any law, regulation, or obligations or restrictions imposed by any third party

    In addition, you agree not to:
    1. Upload, transmit, or distribute to or through the Platform any software intended to damage or alter a computer system or data
    2. End through the Platform unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages
    3. Use the Platform to harvest, collect, gather or assemble information or data regarding other users without their consent
    4. nterfere with, disrupt, or create an undue burden on servers or networks connected to the platform, or violate the regulations, policies or procedures of such networks
    5. Attempt to gain unauthorized access to the Platform, whether through password mining or any other means
    6. Harass or interfere with any other user’s use and enjoyment of the Platform; or
    7. Use software or automated agents or scripts to produce multiple channels on the Platform, or to generate automated searches, requests, or queries to the Platform

    We reserve the right to review any user content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the user conduct or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your channel, and/or reporting you to law enforcement authorities.
  17. Offer of Donations as Gifts
  18. Every donation designated as gifts shall be voluntary and subject to limitations imposed by law and other policies as we may impose. By proceeding with this donation, users of these services hereby agree to:

    1. Take responsibility for each of their transactions while indemnifying the AppreciateMe Service of any liability whatsoever.
    2. Users who create payment links, hereby agree to the deductions that will be made as transaction costs for their respective categories and eventual payment to users channel will be less transaction costs, statutory processing fees and applicable taxes

    Funders or donors are referred to as Gifters on the AppreciateWithPayForMe Platform and by agreeing to proceed with sending donations as gift on the platform hereby warrant that funds gifted to other individuals or causes are done willfully and not through coercion. Gifters also warrant that sources of funds are not fraudulent and take full and sole responsibility for clarifying any inquiry into such sources of funds used on the AppreciateWithPayForMe Platform. Users who have need to request for a refund are only allowed to do so if a refund request is filled within 6 hours of a fund gifting exercise on the platform.

    We do not guarantee the accuracy of the information provided by Donees, nor do we represent that the Donations will be used in accordance with any fundraising purposes disclosed. Notwithstanding the foregoing, we shall ensure that the Donation platform is administered in compliance with the relevant laws and regulations.
  19. Indemnification
  20. You agree to indemnify us from any claim or demand made by any third party due to or arising out of (a) your use of the Platform, (b) your violation of these Terms, (c) your violation of applicable laws or regulation. We reserve the right to assume the defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
  21. Termination
  22. We may terminate your access to the platform at any time, subject to the maturity of all plans. We may also terminate or suspend your access to the Platform, at any time for any reason subject to the requirements of applicable law.

    We may terminate your channel if there has been no debit or credit on your Channel for twelve (12) consecutive months.

    You may request termination of your User Channel as well at any time without further cause by sending an email to answers@Appreciateme.com subject to the settlement of all outstanding transactions.
  23. Severability
  24. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
  25. Disclaimers
  26. The Platform is provided on an "as-is" and "as available" basis. The Company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the Platform will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
  27. Limitation on Liability
  28. To the maximum extent permitted by law, in no event shall we or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the platform.
  29. Improvement & Modifications
  30. We will make reasonable efforts to keep the platform operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the platform, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the platform or any function or feature thereof. You understand and agree that we have no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
  31. Intellectual Property Rights
  32. The contents of the WebApp, including, without limitation, its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including, without limitation, html-based computer programs), trademarks, trade names and/or service marks, and all materials incorporated herein are protected under intellectual property laws. The contents of the WebApp belong or are licensed to Zoeafountain Limited or its software or content suppliers. You may download or print a copy of information provided on the WebApp for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the WebApp in whole or in part for any other purpose is expressly prohibited without our prior written consent.
  33. Data Privacy
  34. Pursuant to applicable data protection laws, the collection, processing and transfer of your Personal Data is necessary for our administration of this Site and your use of the Services. You voluntarily acknowledge and consent (where required under applicable law) to the collection, use, processing and transfer of Personal Data as described in this Terms. Although you have the right to deny or object to the collection, processing and transfer of Personal Data, your denial and or objection to the processing and transfer of Personal Data may affect your use of the Services. We assure you that we will only process your Personal Data exclusively for the purpose of implementing, administering and managing this Site and your use of the Services. The Personal Data processing will take place through electronic and non-electronic means correlated with the purposes for which the Personal Data are collected with confidentiality and security provisions as set out by applicable laws and regulations in Nigeria.

    Personal Data will be accessible within our organization only by those persons requiring access for purposes of the implementation, administration and operation of this Site and use of the Services. Zoeafountain Limited will transfer Personal Data internally amongst its employees as necessary only for the purpose of implementation, administration and management of this Site and your use of the Services. The Company may further transfer Personal Data to any third party assisting the Company in the implementation, administration and management of this Site. Such third party may be an affiliate of the Company or an independent contractor that the Company may engage to assist with the implementation, administration and management of this Site from time to time, whether within or outside Nigeria. We undertake that the transfer of Personal Data outside Nigeria will be in accordance with the applicable data protection laws in Nigeria and all appropriate consents will be obtained prior to such transfer. You hereby authorize the processing and transfer of your Personal Data in accordance with the terms of this Terms.

    You understand that Personal Data will be held only as long as is necessary to implement, administer and manage your use of the Services. You further understand that you may, at any time, view Personal Data, request additional information about the storage and processing of Personal Data, require any necessary amendments to Personal Data or refuse or withdraw consent herein, in any case without cost, by sending us an email to that effect. You however understand that refusing or withdrawing consent may affect your ability to access the Services.

    We will establish and maintain adequate safeguards against destruction, loss or alteration of Your data in our possession with measures that are no less rigorous than those in effect for our own operations. We will also establish, maintain and implement an information security program, including appropriate administrative, technical and physical safeguards, that is designed to:

    1. Ensure the security and confidentiality of Personal Data;
    2. Protect Personal Data against any reasonably anticipated threats or hazards to the security or integrity of the Personal Data; and
    3. Protect against unauthorized access to or use of the Personal Data that could result in substantial harm or inconvenience to you.

    You may at any time exercise your rights provided under the applicable data protection laws which may include the right to:

    1. Obtain confirmation as to the existence of Personal Data
    2. Verify the content, origin and accuracy of the Personal Data
    3. Request the integration, update, amendment, deletion (subject to the Company’s data retention policy or any applicable data retention laws) or blockage (for breach of applicable laws) of the Personal Data
    4. Oppose for legal reasons, the collection, processing or transfer of the Personal Data which is not necessary or required for the implementation, administration and or operation of the website portal and the use of the Services; and
    5. Withdraw consent to the collection, processing or transfer of Personal Data as provided under this Terms

    You may seek to exercise any of the above rights by sending us an email to that effect.
  35. Anti-Money Laundering, Governing Laws and Dispute Resolution
  36. You agree that these Terms shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria. Any legal action or proceeding arising under, concerning or relating to these Terms, or by reason of the fact of your use of the Platform, shall be within the nonexclusive jurisdiction of the courts of the Federal Republic of Nigeria. All claims and disputes arising from these Terms must be litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be litigated jointly or consolidated with those of any other customer or user.
  37. Changes to these Terms and Conditions
  38. We may make changes to these Terms of Use from time to time for a number of reasons, including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body or for customer service reasons.

    The most up-to-date version of these Terms can be accessed from the Terms of Use link in the footer section of the WebApp and the date on which they will come into force in accordance shall also be indicated.