Terms of Service
Agreement between Pukena and the Users
Pukena Concierge Services ("Pukena", "we" or "us") operates an online platform which allows users to connect and perform wide range of tasks and outsource tasks through Pukena platform which includes iPhone application, Android application, website or any other platform we may introduce in the future ("Pukena Platform").
PLEASE READ THESE TERMS AND PRIVACY CONDITIONS OF ALL PUKENA POLICIES including but not restricted to the guidelines (collectively and jointly referred to as the "AGREEMENT") read carefully before using the service offered by Pukena.
By using Pukena, You confirm that, You agree to be bound by this Agreement.
1. SCOPE OF PUKENA SERVICE
• 1.1 Pukena provides a platform for connecting people who have tasks that needs to be done, with those willing to do the job.
• 1.2 A reference to “User” in this agreement includes Pukena Users, Pukena Pros and any other person that visits or views the Pukena Platform.
• 1.3 A User creates an account with Pukena when he/she validly completes a registration form on the Pukena Platform.
1.4 A Pukena Pro creates an account with Pukena when he/she validly completes his/her security check, uploads a completed guarantor’s form and has subscribed to the required insurance policy as prescribed by the Platform or any other policy as maybe from time to time.
• 1. 5 Pukena provides the platform only. Apart from enabling a User to find a Pukena Pro to provide a particular service , Pukena accepts no liability for any aspect of the Users and Pukena Pro interaction, including but not limited to the description of goods and services offered and the performance of services . Pukena has no obligation to any User to assist or involve itself in any way in any dispute between a Users and a Pukena Pro.
• 1.6 All information related to services to be performed or goods to be provided is supplied by Pukena Users. Unless expressly stated to the contrary.
2. PUKENA SERVICE DESCRIPTION
• 2.1 The Pukena Service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the Pukena Service may be separately described on the Pukena Platform.
• 2.2 A Users with a requirement for a service to be provided (1) creates an account with Pukena and (2) posts an accurate and complete description of the service to be provided (including, but not limited to, the payment offered to the Pukena Pro) ("Posted Task"). Posted Tasks are subject to further terms set out for Posting Tasks and Making Offers below.
• 2.3 A Pukena Pro with an ability to perform services (1) creates an account with Pukena with reference to 1.4 above and (2) reviews Posted Tasks uploaded by Users. • 2.4 If a Pukena Pro desires to provide services to a Users, the Pukena Pro must make an offer in response to the Posted Task ("Offer"). By making an Offer the Pukena Pro confirms that he/she is legally entitled to and capable of performing services described in the Posted Task. Offers are subject to further terms set out for Posting Tasks and Making Offers below.
• 2.5 If a Users in any way updates a Posted Task after it has been published on the Pukena Platform and before an offer has been accepted, then Pukena may, at its discretion, cancel all Offers for that Posted Task that were made prior to the update and recommence the offer process.
• 2.6 If the Users agrees to a Pukena Pro’s offer, the Users will accept that Pukena Pro’s Offer by using the functionality on the Pukena Platform and paying the agreed price into the payment facility escrow account accessible via the Pukena Platform ("Escrow Account").
• 2.7 The Pukena Pro and Users use a public question and answer feature on the Pukena Platform to communicate directly about posted requests for services. Once a User has accepted an offer from a Pukena Pro, the Users and the Pukena Pro can only communicate privately using a Pukena private messaging service. Each time a Pukena User receives a message from the Pukena messaging service, a notification may be sent to the User via their currently active communication channel.
• 2.8 Once a User has accepted an offer from a Pukena Pro and paid the agreed price into the Escrow Account then the User and the Pukena Pro will be deemed to have entered into a separate contract under which the User agrees to purchase, and the Pukena Pro agrees to provide the User with the services ("Task Contract").
• 2.9 The terms of the Task Contract incorporate the terms of this Agreement (to the extent they apply to the Users and the Pukena Pro) and any additional terms and conditions agreed between the Users and the Pukena Pro, including the description and price of the services to be provided. Parties(Pros and Users) agree not to enter into any contractual agreement either orally or formally in connect with the Task Contract that conflict with this Agreement. The terms of this Agreement incorporated into a Task Contract take priority over any other terms agreed between a User and a Pukena Pro in the Task Contract to the extent of any inconsistency.
• 2.10 The Pukena Pro must provide the services to the Users in accordance with the Task Contract, unless the services, is prohibited by law, by this Agreement, or an agreement between the User and a Third Party Provider or by any of our Policies.
• 2.11 Once an Pukena Pro has provided the goods or services requested by a Users in accordance with the Task Contract, the Pukena Pro must provide notice that the task has been completed by using the Pukena Platform functionality. It will be a material breach of this Agreement and the Task Contract if a Pukena Pro provides notice that a task is complete for a particular Posted Task without having provided the relevant services.
• 2.12 Once an Pukena Pro has provided the relevant services in accordance with the Task Contract and has provided notice that the task is complete relating to a particular Posted Task, the Users must release the agreed price for the goods or services supplied to the Pukena Pro by using the Pukena Platform functionality. It will be a material breach of this Agreement and the Task Contract if, after a Pukena Pro has provided the relevant goods or services in accordance with the Task Contract and provided notice that a task is complete for a particular Posted Task, the User fails to release the agreed price.
• 2.13 Once the User released the payment, the fee will be paid from the Escrow Account to the Pukena Pro after the deduction of the relevant fees set out in the Service Fee Schedule and describe in Fees below ("Service Fees").
• 2.14 Once a transaction is concluded, the Pukena User is strongly encouraged to complete a Pukena service review using any feedback features on the Pukena Platform. Pukena will, from time to time remind the User to complete a Pukena service review.
• 2.15 The Pukena Platform includes a Google map functionality. The Pukena Platform may display the location of Users and Pukena Pros to persons browsing the Pukena Platform. Each User will be asked to provide the exact location where the task is to be performed. A User should never disclose personal details such as Users's full name, street number, phone number or email address in a Posted Task or in any other public communication on the Pukena Platform.
• 2.16 Pukena may from time to time include on the Pukena Platform a "Hire Me" feature which enables Pukena Users who are browsing other User profiles to post a request for services based on the skills, reputation or other profile attributes of a particular User. When this occurs, the Pukena User who the Users would like to make an Offer will be automatically notified (i) of the new Posted Task, and (ii) that the Users would like him/ her to make an Offer to perform services. However, that User will not have any further special rights and will need to follow the normal offer process to become the Pukena Pro for the Posted Task.
3. PAYMENT, REFUNDS AND CREDIT
• 3.1 Where a User pays an agreed Price for services into the Escrow Account in respect of a Posted Task ("Task Payment") that Task Payment will be used to pay the Pukena Pro and Pukena in accordance with this Agreement. If that payment cannot be made for any reason the Task Payment moneys will be handled in accordance with this clause 3.
• 3.2 If the User and the Pukena Pro mutually agree to cancel the Task Contract or if, following reasonable attempts by a User to contact a Pukena Pro to perform the Task Contract, Pukena is satisfied that the Task Payment should be refunded and if there is no dispute between the User and the Pukena Pro, then Pukena will refund the Task Payment back into the Users's nominated account.
• 3.3 If, for any reason, the Task Payment cannot be transferred or otherwise made to the Pukena Pro or the Users (as the case may be) or no claim is otherwise made for a Task Payment, the Task Payment will remain in the Escrow Account until paid or otherwise for up to three months from the date the User initially paid the Task Payment into the Escrow Account.
• 3.4 Following the 3 months referred to in clause 3.3 and provided there is still no dispute in respect of the Task Payment, the Task Payment will be automatically converted into Pukena credit and credited to the relevant Users or Pukena Pro ("Holder"). The credit will be to the account of the Users except where the Pukena Pro has claimed the Task Contract has been completed but for whatever reason the Task Payment was not able to be transferred.
• 3.5 Credit on an Pukena gift card or any other form of Pukena card, coupon, voucher or code (in physical or virtual form) containing credit, or a discount, for use on the Pukena Platform ("Stored Value Card"), whether purchased or issued by Pukena free of charge, is also a form of Pukena credit that can be held by a holder (also a "Holder"). Stored Value Cards cannot be replaced, exchanged or reloaded and may only be used in the purchase of tasks via the Pukena Platform in accordance with this Agreement. Stored Value Cards: ◦ (a) can be used by the Holder to pay for any new tasks via the Pukena Platform; ◦ (b) is not refundable or redeemable for cash; ◦ (c) expire 3 months from the last date the Pukena credit is topped-up or the Stored Value Card is issued by Pukena or purchased by the Holder (whether by operation of clause 3.4 or any other means) or by any other alternate expiry date applying to the Stored Value Card; ◦ (d) may also be subject to additional, or different, terms and conditions, as specified in relation to a Stored Value Card, such as expiry date, restriction on the Tasks redeemed (for example only for a User's first Task), specify a minimum Task value, or specify a maximum credit or discount value; and ◦ (e) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the Holder, or stored in a data retrieval system, without Pukena's prior written permission.
• 3.6 The Holder is solely responsible for the security of any Stored Value Card. Pukena will have no liability for any loss or damage to the Stored Value Card and does not have any obligation to replace a Stored Value Card.
• 3.7 Pukena will not accept, and refuse or cancel, any Stored Value Cards, which it determines in its sole discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and Pukena reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Stored Value Cards, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
3. PAYMENT FACILITY AND ESCROW ACCOUNT
• 4.1 Pukena shall regulate the Escrow account in trust for the Users/Pros and Pukena Platform
4.3 User/Pro hereby consent and authorise Pukena Platform to Access and/or operates the Pukena escrow account for and in their behalf in accordance with the terms and condition of this agreement and any other connected agreement therein.
4.4 The User/Pro agree that Pukena Escrow account manager (Pukena platform) can access any information and payments instructions You provide with one another and, to the extent required to complete your transaction, 4.5 By registering and creating an account with Pukena, You agree to be bound by Pukena Escrow account terms and conditions
5. THIRD PARTY SERVICES
• 5.1 Pukena may from time to time include on the Pukena Platform promotions for and links to services offered by third parties ("Third Party Services"). These Third Party Services are not provided by Pukena.
• 5.2 Third Party Services are offered to Parties(Herein after referred to as Users and Pros) pursuant to terms and conditions offered by the third party. Third Party Services may be promoted on the Pukena Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
• 5.3 If Parties engage with any Third Party Service provider such agreement will be directly between the parties and the Third Party Service provider.
• 5.4 Pukena makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Pukena Platform, please let us know of any issue that You experience using a Third Party Service.
• 6.1 Pros on Pukena platform are covered by insurance . All such insurance is offered by a third party. Application and terms and conditions for such third party insurance are located at Mansard Insurance. Pukena confirms that all insurance policies are Third Party Services and subject to further terms set out for Third Party Services.
• 6.2 Pukena does not represent that the insurance offered via the Pukena Platform is adequate or appropriate for any particular User. Each User must make its own enquiries about whether any further insurance (such as Pros compensation insurance) is required.
• 6.3 The Pukena Pro acknowledges and agrees that in the event that a Users makes a claim relating to any services performed by a Pukena Pro, and the insurance taken out by Pukena (if any) responds to that claim then this clause applies. Pukena may elect to make a claim under such policy and if the claim is successful, any excess payable in respect of the claim may be recovered by Pukena from the Pukena Pro. Where Pukena makes a claim and the insurer assesses that the Pukena Pro is responsible, Pukena is entitled to rely on that assessment. If the Pro do not pay any excess, Pukena may also elect to set this amount off against future moneys it may owe to the Pukena Pro.
• 6.4 The Pukena Pro acknowledges and agrees that in the event that a User makes a claim relating to any services performed by a Pukena Pro, and the insurance taken out by Pukena (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Pukena may elect to pay an amount to the Users to settle the claim. To the extent that the Pukena Pro was or would be liable for the amount of the claim the amount paid by Pukena may be recovered by Pukena from the Pukena Pro. Pukena may also elect to set this amount off against future moneys it may owe to the Pukena Pro.
7. IDENTITY VERIFICATION
• 7.1 Pukena may include tools to help Pukena Users to verify the identity, qualifications or skills of other Pukena Pros ("Identity Verification Services"). These tools may include: mobile phone verification technology, verification of payment information, a "Reference" feature (allowing a User of the Pukena Service to request other Users to post a reference on the Pukena Platform endorsing that Pro), integration with social networking sites such as Facebook, Twitter and Linked In and verification icons or badges displayed in association with a Pukena Pro and obtained in accordance with clause 7.6 and or clause 7.7. below.
• 7.2 It is agreed that Pukena Identity Verification Services may not be fully accurate as all Pukena Services are dependent on User-supplied information and/or information or verification services provided by third parties.
• 7.3 Pukena Platform Users are solely responsible for identity verification of the Pro and Pukena accepts no responsibility for misplacing the faces/identity of the Pro with any random Person(s)
• 7.4 The Pukena Platform may also include a User-initiated feedback system to help evaluate Pukena User(s).
• 7.5 Pukena may from time to time make available certain verification icons to be displayed in relation to a Pukena Pro's profile and Posted Tasks, such as police checks or other verifiable information (such as certifications, qualifications, licenses or other skills) supplied by the Pukena Pro and verified internally by Pukena, or externally by a third party verification provider ("Verification Icons"). The available Verification Icons can be requested by the Pukena Pro via the Pukena Platform, and arranged on behalf of the Pukena Pro and issued by Pukena, for a fee. Obtaining a Verification Icon may be subject to the provision of certain information or documentation by the Pukena Pro and determined by Pukena or a third party verifier subject to its terms. It remains the Pukena Pro's responsibility to ensure that information or documentation it provides in obtaining a Verification Icon is true and accurate and must inform Pukena immediately if a Verification Icon is no longer valid.
• 7.6 Pukena may also from time to time issue certain badges to be displayed in relation to a Pukena Pro's profile and Posted Tasks, based on meeting certain qualification thresholds, the Verification Icons issued, or any other combination of information, as determined and set by Pukena ("Pukena Badge"). The available Pukena Badges will be issued for free.
• 7.7 The issue of a Verification Icon or Pukena Badge to a Pukena Pro remains in the control of Pukena and the display and use of a Verification Icon or Pukena Badge is licensed to the Pukena Pro for use on the Pukena Platform only. Any verification obtained as a result of the issue of a Verification Icon or Pukena Badge may not be used for any other purpose outside of the Pukena Platform.
• 7.8 Pukena retains the discretion and/or right to determine whether or not to issue or remove without prior notice to you, a Verification Icon or Pukena Badge if any Pukena Pro is in breach of any of the terms of this Agreement and convenants, the Verification Icon or Pukena Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Pukena.
8. ELIGIBILITY TO REGISTER
• 8.1 A Pukena account can only be created in the name of an individual. However, a Pukena User registering as a Pukena Pro or Users may specify within the "account description" field that s/he is representing a business entity (including a company).
• 8.2 To create an account and use the Pukena Services the User must be able to form legally binding contracts under the applicable law. Pukena Services are not available to persons under 18 years of age. If the individual does not qualify to use the Pukena Services, the individual must not use the services.
• 8.3 While a User is registered with Pukena, the User must maintain control of his/or her Pukena account. The user may not deal with his/her account (including feedback and associated UserID) in any way (including by allowing others to use his/or her account or by transferring or selling the account or any of its content to another person).
• 8.4 At its absolute discretion, Pukena may refuse to allow any person to register or create an account with Pukena or cancel or suspend any existing account.
9. USER'S OBLIGATIONS
• 9.1 It is hereby agreed that at all times: ◦ (a) The User will comply with this Agreement (including all Pukena Policies) and all applicable laws and regulations; ◦ (b) The User will post only accurate information on the Pukena Platform; ◦ (c) The User will promptly and efficiently perform all obligations to other Pukena Users under a Task Contract and to Pukena under this Agreement; ◦ (d) all content (whether provided by Pukena, a User or a third party) on the Pukena Platform may not be used on third party sites or for other business purposes without Pukena's prior permission; and ◦ (e)The User will ensure that he/she is aware of any laws that apply to Users or a Pukena Pro, or in relation to any other way(s) that the Pukena Platform is used.
• 9.2 The User must not use the Pukena Platform for any illegal or immoral purpose.
• 9.3 The User grants Pukena Platform an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Pukena Platform for the purpose of including that material and information on the Pukena Platform and as otherwise may be required to provide the Pukena Service, for the general promotion of the Pukena Service and as permitted by this Agreement.
• 9.4 Any information posted on Pukena Platform must not, in any way whatsoever, be potentially or actually harmful to Pukena or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by Pukena. Without limiting any provision of this Agreement, any information supplied to Pukena must be up to date and kept up to date and must not: ◦ (a) be false, inaccurate or misleading or deceptive; ◦ (b) be fraudulent or involve the sale of counterfeit or stolen items; ◦ (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy; ◦ (d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti discrimination and trade practices/fair trading laws); ◦ (e) be defamatory, libelous, threatening or harassing; ◦ (f) be obscene or contain any material that, in Pukena's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; ◦ (g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Pukena Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
• 9.5 The User must have the right to perform services under a Task Contract and to work in Nigeria. The User must comply with tax obligations in relation to any payment received under a Task Contract,
• 9.6 When The User enter into a Task Contract using the Pukena Platform, a legally binding contract is created with another Pukena User, unless the transaction is prohibited by law or by this Agreement (including the Pukena Policies). When there is non compliance with specific obligations to another Pukena User under a Task Contract, The User may become liable to that other User. If another User breaches any obligation to a User, such User( not Pukena) is responsible for enforcing any rights that may arise with that User.
• 9.7 If Pukena determines at its sole discretion that a User has breached any obligation under this clause 9, it reserves the rights to remove any content, Posted Task, Offer submitted to the Pukena Service ,cancel or suspend Your account.
• 10.1 Registering and creating an account with Pukena is free. There is no charge for a Users to Post Tasks, or for other Pukena Users to review content on the Pukena Platform, including Posted Tasks.
• 10.2 If a User has accepted your offer, the user agrees that the Service Fees as set out in the Service Fee Schedule will be deducted from the agreed fee and paid to Pukena (or its nominee).
• 10.3 The Service Fees will be deducted and paid to Pukena when the agreed price is released from the Pukena Escrow Account to the Pukena Pro.
• 10.4 To be clear, Service Fees will be calculated only on the amount that the Pukena Pro agrees to charge the Users to provide the service . This means that if a User requires a Pukena Pro to incur costs in completing a task (for example, if the Pro is purchasing groceries, Pukena Pro might agree to pay for the groceries upfront and then be reimbursed by the Users), then the cost incurred will not be included in any calculation of the Service Fees.
• 10.5 If an Pukena Pro agrees to pay some of the costs as part of completing a task, Pukena Pro is solely responsible for having those costs reimbursed by the Users. Pukena will not be responsible for obtaining any reimbursement from a Users. We advise Pukena Pros not to agree to incur any costs for a Users in advance of payment by the Users, unless the Pukena Pro is confident that the Users will reimburse the costs promptly.
• 10.6 Pukena may from time to time change the Service Fees and the terms applying to their payment. Any change relating to the Service Fees is effective fourteen (14) days after Pukena notifies You of that change by sending a message to your Pukena account.
• 10.7 Pukena may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your Pukena account.
• 10.8 All fees and charges payable to Pukena are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).
• 10.9 If Pukena introduces a new service on the Pukena Platform, the fees applying to that service will be payable as from the launch of the service and will also be "Service Fees" under this Agreement.
• 10.10 Where an Pukena Pro is performing services, the Pukena Pro must not charge a Users Service Fees on top of the agreed price for Services under the Pro Contract. 11. POSTING TASKS AND MAKING OFFERS
• 11.1 A Posted Task must include the following details in order to be accepted by Pukena: ◦ (a) Deadline for completion: the deadline for completion of the task. ◦ (b) Price: the price that the Users is prepared to pay for the services required; and ◦ (c) Description: a detailed description of the services.
• 11.2 Service Fees do not include any fees that may be due to Third Party Service Providers. All Third Party Service fees must be paid pursuant to the separate agreement with the Third Party Service provider.
• 11.3 As well as the mandatory details mentioned in paragraph 11.1, a User may choose to specify additional terms that s/he wants to apply to the transaction.
• 11.4 A User must describe the service fully and accurately and include any information required by law. Posted Tasks may only include text. A user must have the legal right to use any content that is posted. Pukena may, in its sole discretion, remove any Posted Task for any reason.
• 11.5 Prior to a User accepting an offer from a Pukena Pro, all communications between a User and a Pukena Pro ; making an Offer to perform services are visible to all other Pukena Users and can also be viewed by other internet users. All Users of the Pukena Platform must take caution when communicating at the offer stage and must not disclose any private contact details such as full name or address, phone number or email address.
• 11.6 In making an Offer, a Pukena Pro agrees to provide the relevant services within the timeframe and on the terms and conditions specified in the Posted Task (unless the Pukena Pro and the User agree to vary the timeframe or the terms and conditions in the course of negotiations, in which case the Pukena Pro must perform the services in accordance with the agreed timeframe and terms and conditions).
• 11.7 Once a User accepts an offer from a Pukena Pro in accordance with clause 2.6, no further negotiations are permitted on the Pukena Platform in relation to the performance of the relevant services. If, after a User accepts an offer from a Pukena Pro, the Pukena Pro and User wish to negotiate on price or timeframe for completion (for example, where Users is not satisfied with the Pukena Pro's performance), they may use the Pukena private messaging system, but otherwise those negotiations (and the resolution of any disputes) must be done outside the Pukena Platform.
• 11.8 If a Pukena User, Pukena Pro or Users wishes to complain about any comment made on the Pukena Platform, such complaints/comments should be made via the "Report" function available from time to time on the Pukena Platform, or email Pukena using the contact information on the Pukena Platform.
• 11.9 A Pro may choose not to accept any Offer made and is not obligated to accept the lowest Offer. A User may withdraw any Posted Task at any time prior to accepting an offer from a Pukena Pro in accordance with clause 2.6.
• 11.10 A Pukena User or Pukena Pro is not under obligation whatsoever to make an Offer on any Posted Task.
• 12.1 Pukena is entitled to suspend or terminate an account at any time if Pukena, in its sole and absolute discretion, is concerned by any feedback about a Pukena Pro, or considers a Pro's feedback rating to be problematic for other Pukena Users.
• 12.2 To continue to improve our Pukena Platform, please let us know of any issue that You experience using a Third Party Service by contacting us.
13. LIMITATION OF LIABILITY
• 13.1 Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Nigeria consumer and protection law, the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition"), to the extent permitted by law, Pukena specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Users and Pukena Pros.
• 13.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Pukena specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any service supplied), arising out of or in any way connected with any transaction between a User and any Third Party Service Provider who may be included from time to time on the Pukena Platform.
• 13.3 Except for liability in relation to a breach of any Non-excludable Condition, Pukena's liability to any User of this service is limited to the total amount of fees paid by that User to Pukena during the twelve month period prior to any incident causing liability of Pukena.
• 13.4 Pukena's liability a User for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
14. DEFAULT IN TRANSACTIONS
• 14.1 If a User, ( Pukena Pro /User), fails to complete a transaction and does not have a lawful excuse for such failure, then, in addition to Pukena's rights under this Agreement (including any Pukena Policy) to suspend (temporarily or indefinitely) or terminate any User's account, the User may be in breach of his/her obligations to both Pukena and the Pukena Pro or Users with whom such User is transacting under a Task Contract. 14.2 However, Pukena reserves the right to institute and/or initiate a legal action against such User (Pro or User) to remedy such breach.
15. MODIFICATIONS TO THE PRIVACY
• 15.1 Pukena may modify this Agreement and/ or the Policies (and update the Pukena pages on which they are displayed) from time to time. Pukena will send notification of such modifications to a Pukena User’s account. A User should check his/her account regularly.
16. MODIFICATIONS TO THE AGREEMENT
• 16.1 Pukena may modify this Agreement and/ or the Policies (and update the Pukena pages on which they are displayed) from time to time. Pukena will send notification of such modifications to a Pukena User’s account. A User should check his/her account regularly.
• 16.2 Except as stated in this Agreement, in a Policy, or in Pukena’s notification to a User, all amended terms will automatically be effective 30 days after the initial notification to a User. Each time the Pukena Platform is used in any manner after the expiration of the 30 day period or such other notice period , a User acknowledges any change to the Agreement (including but not restricted to the Policies) and confirms to be bound by the Agreement as it may have been varied.
• 16.3 If a User does not agree with any change to the Agreement (or any of Pukena’s Policies), You must terminate your Pukena account and stop using the Pukena Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any Pukena Policy cannot be amended except in writing signed by You and Pukena.
17. NO AGENCY
• 17.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular a User has no authority to bind Pukena, its related entities or affiliates in any way whatsoever. Pukena confirms that all Third Party Services that may be promoted on the Pukena service are provided solely by such Third Party Service providers. To the extent permitted by law, Pukena specifically disclaims all liability for any loss or damage incurred by a User in any manner due to the performance or non performance of such Third Party Service.
• 18.1 Except as stated otherwise, any notice must be given by registered ordinary post or by email, either to Pukena's contact address as displayed on the Pukena Platform, or to Pukena Users' contact address as provided at registration. Any notice shall be deemed given: ◦ (a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and ◦ (b) if sent by pre-paid post, three Work Days after the date of posting, or on the seventh Work Day after the date of posting if sent to or posted from outside Nigeria. In this section, "Work Day" means a day on which offices are open for general business; other than a saturday, sunday or public holiday ◦ (c) Notices related to performance of any Third Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.
19. MEDIATION AND DISPUTE RESOLUTION
• 19.1 Pukena encourages a User to endeavour to resolve disputes (including claims for returns/refunds of funds ) with other Pukena Users directly. Accordingly, a User acknowledge and agree that Pukena may, in its absolute discretion, provide such User/Pros information as it may be deem suitable to other parties involved in the dispute.
• 19.2 Pukena may provide access to a third party only for the purpose of dispute resolution service ("Third Party Dispute Service"). If such a service is provided, either party may require the other party to submit the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Pukena confirms that Third Party Dispute Service is a Third Party Service and subject to further terms set out for Third Party Services (where disputes are to be resolved). The Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute resolution Service terms and conditions.
• 19 3 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service Provider.
• 19 4 Pukena has the right to hold any Task Payment the subject of a dispute in the Pukena Escrow Account, until the dispute has been resolved.
• 19.5 If You have a complaint about the Pukena Service please contact us.
• 19 6 If Pukena provides information of other Pukena Users to a third party (……..) including but not limited to categories of person earlier mentioned for the purposes of resolving disputes under this clause, the party acknowledges and agrees that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Pukena and the person who’s information was released against any claims relating to any other use of information not permitted by this Agreement.
• 20.1 Either party may terminate an account and this Agreement at any time for any reason.
• 20.2 Termination of this Agreement does not affect any Task Contract that has been formed between Pukena Users. If a User has entered a Task Contract the User must comply with the terms of that Task Contract including providing the services or paying the price as applicable.
• 20.3 Third Party Services are subject to Third Party Service provider terms and conditions.
• 20.4 Sections 10 (Fees), 13 (Limitation of Liability), and 20 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
• 21.1 This Agreement is governed by the laws of Nigeria. Both Pukena and its Users submit to the courts of competent jurisdiction in Nigeria.
• 21.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
• 21.3 This Agreement may be assigned or novated by Pukena to a third party without your consent. In the event of an assignment or novation a User will remain bound by this Agreement.
• 21.4 This Agreement sets out the entire understanding and agreement between a User and Pukena with respect to its subject matter. . This agreement is an electronic agreement and the terms and condition binds on the parties upon subscription without for request of signature.
22. SERVICE FEE SCHEDULE