User Agreement

This Agreement was last modified on 30 may 2020. This User Agreement describes the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information.

In this User Agreement

"Account" means the account associated with your email address. "Buyer" means a User that purchases our Services or "Contest Brief" means the document setting out the scope of a Contest, including but not limited to items such as a design brief. "Livepetal", "we", "our", "company" or "the company" or "us" means Livepetal services Limited (). "Livepetal Verified" Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy. "Inactive Account" means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time. "Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity. "Livepetal Services" means all services provided by us to you. "User", "you" or "your" means an individual who visits or uses the Website. "User Contract" means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time. "Website" means the Websites operated by Livepetal and available at: www.Livepetal.com and any of its regional or other domains or properties, and any related Livepetal service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.

1. Overview

By accessing the Website, you agree to the following terms with Livepetal. We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you. The Website is an online venue where Users buy product and services. Buyers must register for an Account in order to buy product/Services. The Website enables Users to complete and pay for Projects, buy and use the services that we provide. We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

2. Scope

Before using the Website, you must read the whole User Agreement, the Website policies and all linked information. You must read and accept all of the terms in, and linked to, this User Agreement, the, Code of Conduct, the Livepetal Privacy Policy and all Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website, or when you use the tools we make available to interact with the Website.

3. Eligibility

You will not use the Website if you: are not able to form legally binding contracts;; a person barred from receiving and rendering services under the laws of Nigeria or other applicable jurisdiction; are suspended from using the Website. All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation. Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account. We may, at our absolute discretion, refuse to register any person or entity as a User. You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.

4. Using Livepetal

While using the Website, you will not attempt to or otherwise do any of the following: post content or items in inappropriate categories or areas on our Websites and infringe any laws, third party rights or our policies, such as the Code of Conduct fail to deliver payment for services delivered to you; services; circumvent or manipulate our fee structure, the billing process, or fees owed to Livepetal; post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information); take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website); transfer your Livepetal account (including feedback) and Username to another party without our consent; distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Livepetal, the Website, or the interests or property of Livepetal users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization; attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website; copy, modify or distribute rights or content from the Website or Livepetal's copyrights and trademarks; or harvest or otherwise collect information about Users, including email addresses, without their consent.

5. Intellectual Property Rights Infringement

It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us and we will investigate.

6.Fees and Services

We charge fees for products and services, and memberships. We charge monthly or annual account maintenance fees on all user accounts and such fees are liable to change from time to time. Different category of users may be required to pay different fees amount depending on the level of activity on their user accounts. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence. Unless otherwise stated, all fees are quoted in Nigerian Naira

7. Referral Program

This is subject to the following conditions:

• The Referrer must be an existing user of the Website. All user of Livepetal, referrer and referees are subject to all other terms and conditions of the website, which in case of dispute, are held above this section. All members of the program must be over the age of twelve (12) years.

• Referees must be referred using the specific promotional links via links in email or other promotional correspondence specific to this promotion. Users may be asked to provide verification of payment or other user information before receiving the credit. Any site credit that has been given in relation to this promotion may expire at any time determined by the Company.

• Referrers will receive credit when the Referrer make a transaction with us. Livepetal may require that both parties fill in and complete their profiles and/or pass identity checks before payments are released.

• For any specific Referrer user, Livepetal may choose to cap the maximum value of site credit accrued by an individual or collection of users. Livepetal reserves the right to require submission of further information from any party applying to make use of the referral system, for investigating fraud and for risk management and related purposes.

• Livepetal reserves the right to reverse credit earned if it determines that the referrers or referees are not acting as users of the site in good faith. Referrals should have unique payment sources in order to qualify the parent for the referral credit.

• Bonus credit is only reserved for referring users who act at all times in good faith and who signed up to the site with actual intent of using the website for its intended purposes.

• The decisions of management are final where there are disputes with any transaction. No correspondence will be entered into. Any term or condition in these terms found to be void, unenforceable or illegal may be severed and the remaining terms and conditions will continue in full force and effect.

• Livepetal reserves the right to set the bonus credits for each individual referrer and individual referral users and to release said bonus credit in any currency the company sees fit.

8. Promotions and Offer

This section related to all promotions or Offers provided under any program, including but not limited to the Referral Program, and other site or email promotions. From time to time, Livepetal may provide site credits (for example 20% off your next project or sales) limited to certain users as a promotion. In these cases, the credit may be given in the form of coupon links or codes, emails, sms or advertisements.

This is subject to the following conditions:

• All members of the program are subject to all other terms and conditions of the website, Users may be asked to provide verification of payment or other user information before receiving the credit.

• This site credit may only be used for the purpose of establishing a milestone payment, funding a prize for a new Contest, or payment of site fees including but not limited to project fees, upgrades and memberships.

• Livepetal may require that redeeming users fill in and complete their profiles and/or pass identity checks before payments are released.

• This promotion may be withdrawn for a specific user or set of users, if significant reversals, fraud or chargebacks are observed, if Livepetal believes that there is a risk of funds being subject to reversal or chargeback, in cases of disputes, or for any other reason.

• For any specific user, Livepetal may choose to cap the maximum value of site credit accrued by an individual or collection of related individuals.

• Livepetal reserves the right to disallow use of this promotion in its sole and absolute discretion, with respect to fair use of this promotion, or to prevent any suspected fraud. Livepetal reserves the right to cancel or amend this promotion at any time. Any site credit may not be duplicated, sold, traded or transferred in any manner, including but not limited to being withdrawn for cash.

• Livepetal reserves the right to remove credit or remove users from participating in the program if the company determines the users to be acting in bad faith and are abusing the program. The decisions of management are final. No correspondence will be entered into. Any term or condition in these terms found to be void, unenforceable or illegal may be severed and the remaining terms and conditions will continue in full force and effect.

• Livepetal reserves the right to set the bonus credits for each individual user and to release said bonus credit in any currency the company sees fit. Administration Agent's negligence and/or acts beyond the authority given by Livepetal.

9. Promotion

We may display your company or business name, logo, images or other media as part of the Livepetal Services and/or other marketing materials relating to the Website, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing.

You acknowledge that we may use the public description of your Projects and the content of your profile information on the Website for marketing and other related purposes.

10. Feedback, Reputation and Reviews

You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us.

You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the Livepetal feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

11. Identity

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request:

(1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you;

(2) take steps to confirm ownership of your email address or financial instruments; or

(3) verify your information against third party databases or through other sources. You must also, at our request, provide copies of identification documents (such as your passport or driver's licence).

We may also ask you to provide photographic identification holding your identification together with a sign with a code that we provide as an additional identity verification step. We also reserve the right to request a video interview with you to validate this information, your identity, your background and your skills. We reserve the right to close, suspend, or limit access to your Account, the Website and/or Livepetal Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section. We reserve the right to update your particulars on the website in order to match any identity documentation that has been provided. Disbursements such as wire transfers from the website may only be made to the beneficiary matching you provided identity documents and account information. If you are not Livepetal Verified you may not be able to withdraw funds from your Livepetal Account, and other restrictions may apply

12. Funds

There are circumstances where funds may have been credited to your Account in relation to our affiliate program or our referral program. Funds in your Account are held by us in our operating accounts held with financial institutions. Funds in your Account are not held separately by us, and may be commingled with our general operating funds, and/or funds of other User's Accounts. You are not entitled to any interest, or other earnings for funds that are in your Account. We may receive interest on funds held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.

13. Limits & Fraud Prevention

We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent. If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction, this will be reversed immediately.

If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.

We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if: we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal; we believe that the beneficiary of the payment is someone other than you; we believe that the payment is being made to a country where we do not offer our Service; or we are required to do so by law or applicable law enforcement agencies.

14. Refunds

We may refund funds to Users irrespective of whether a User has requested funds be refunded if:

(1) we are required by law or consider that we are required by law to do so;

(2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs;

(3) we refund funds to the User in accordance with any refund policy specified by us from time to time;

(4) we find out that the original payment made by the User is fraudulent;

(5) the User made a duplicate payment in error; or You can request a refund by using our customer support website or emailing us at Livepetal.com, you must not request a refund of funds by contacting us and must not seek double recovery.

15. Withdrawals

We may require you to be Livepetal Verified before you can withdraw funds from your Livepetal Account, irrespective of whether or not a delay has been enforced. You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer policy, as outlined in the section on "Identity / Know Your Customer" sections of this agreement.

16. Right to Refuse Service

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account: if we determine that you have breached, or are acting in breach of this User Agreement if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities; you do not respond to account verification requests; to manage any risk of loss to us, a User, or any other person; or for other reasons. Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time).

17. Disputes With Us

If a dispute arises between you and Livepetal, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at support@livepetal.

For any claim, Livepetal may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. All claims you bring against Livepetal must be resolved in accordance with the terms of this Agreement. You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action here under with any other proceeding.

18. Currencies

As a convenience service, you may withdraw funds from the Website in another currency. If you wish to do so, you will be quoted an exchange rate which will be available for the time specified, which you may choose to accept. We may charge a fee for effecting the currency conversion transactions. This fee will be embedded within the rate provided to you and the currency exchange will be settled immediately. We reserve the right to reject any request for a conversion of currency at any time. You are responsible for all risks associated with converting and maintaining funds in various available currencies, including but not limited to the risk that the value of these funds will fluctuate as exchange rates change, which could result in decreases in the value of your funds in aggregate. You must not use (or attempt to use) the Website to engage in speculative trading, which could result in substantial losses. We are not a financial services provider. All information included on the Website in respect of currency conversion is general information only. Use of currency conversion is at your own risk. Currency conversions are final and irreversible.

19. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website via any means for any purpose without our express written permission. Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the websites without the prior express written permission of Livepetal and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the Websites, services or tools, or any activities conducted on or with the Websites, services or tools; or by pass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

20. Privacy

We use your information as described in the Livepetal privacy policy. If you object to your information being transferred or used in this way then you must not use our services. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business in this online marketplace. This may include on invoices and purchase orders including but not limited to between transacting us, including those automatically generated on awarding, accepting and payment.

21. Indemnify

You will indemnify us against any claim or demand, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and Livepetal Services.

22. Security

You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the Livepetal Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.

23. No Warranty as to Each User's Purported Identity

We cannot and do not confirm each User's purported identity on the Website. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that a User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

24. No Warranty as to Content

The Website is a dynamic time-sensitive Website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidentally by us. Our Services, the Website and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about: the Website Livepetal Services; the accuracy, reliability, availability, veracity, timeliness or content of the Website or Livepetal Livepetal Services; Livepetal whether defects in the Website will be corrected; whether the Website, Livepetal Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Seller Services or Livepetal Services; the Website, Livepetal Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function. To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

25. Limitation of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for: any indirect, special, incidental or consequential damages that may be incurred by you any loss of income, business or profits (whether direct or indirect) that may be incurred by you; any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website. The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising. To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Livepetal services again or the payment of the cost of having the Livepetal services supplied again.

26. Legal Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement. You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.

27. Notices

Legal notices will be served or to the email address you provide to Livepetal during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing. Any notices to Livepetal must be given by registered ordinary post

28. Severability

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time In the event of any sale or transfer you will remain bound by this User Agreement.

29. Interpretation

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

30. No Waiver

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

31. Communications

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

32. Additional Terms

It is important to read and understand all our policies as they provide the rules for trading on the Livepetal Website. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply.

Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our Websites, including but not limited to: Privacy Policy Code of Conduct Milestone Dispute Resolution Policy Know Your Customer and ID Verification Policy Copyright Infringement Policy API Terms and Conditions Exam Terms and Conditions Each of these policies may be changed from time to time. Changes take effect when we post them on the Livepetal Website. When using particular services on our Website, you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

33. General

The corporate office of Livepetal Systems Limited is currently located at Plot 24, State Industrial layout, Ilesa Road, Akure, Nigeria. This Agreement contains the entire understanding and agreement between you and Livepetal. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes With Us.

34. Abusing Livepetal

Livepetal reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or user account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users. Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include: use of our services for any illegitimate or non bona fide purpose creating problems with other users or potential legal liabilities acting inconsistently with the letter or spirit of any of our policies abuse of any staff members including inappropriate or unreasonable communications abuse or poor performance in the Preferred Livepetal Program any attempt to use Livepetal's platform or services for any objectionable purpose

• use the Services for business other than providing tutoring, teaching, and instructional services to students;

• engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;

• engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;

• frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;

• impersonate another person or gain unauthorized access to another person's account;

35. Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our customer support website or emailing us at support@Livepetal.com.