Terms of Use
Introduction
These Terms of Use ("Terms") is a legal agreement between you, and Halogen Group ("we", "our" or "us") and shall govern your access to and use of all services, software, applications and websites (collectively referred to as the "Services") provided by Halogen. These Terms also cover your use of interactive features, widgets, plug-ins, content, data, information, downloads and other materials that we own or control and are accessible on our websites or otherwise regardless of how you access or use any of them, whether via computer, mobile device or otherwise.
By subscribing, registering, accessing, evaluating, downloading, installing, or in any way using the Services, you acknowledge and agree that you are bound to these terms and accept our Privacy Policy that is incorporated into these Terms by reference and that, together, stipulate how different aspects of your personal data would be processed by us.
Please carefully read these Terms below before subscribing to the Services. Once you register as a user of our Services you agree that you have read, understood, and agree to be bound by these Terms of Use. Please do not access our applications or use our Services if you do not agree to the Terms of Use. We recommend that you keep a copy of these Terms for future reference.
Age Requirements
By consenting to these Terms, you are assumed to be of legal age for the purpose of using the Services within the country from where you access them. The Services are not intended for children although certain services may allow for the provision of third-party information (which could be that of a child), our target users are not children.
Updates & Communications
We reserve the right to modify, vary and change the Terms or its policies relating to the Services at any time as we deem fit. Such modifications, variations, and/or changes to the Terms or our applicable policies shall be effective upon the posting of an updated version on our websites or applications. You agree that it shall be your responsibility to review the Terms of Use regularly. The date of the last update shall be conspicuously displayed. Provided always that the continued use of the Services after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes and modifications.
You agree that we shall not be liable to you or to any third party for any modification of this Terms of Use. You agree to receive all communications, and notices that we provide in connection with the Services, via electronic means, including by e-mail, text, or by posting them on our websites or applications. You agree that all communications we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner and you agree to keep your contact information current.
Description of Our Services
Halogen provides integrated, digital-enabled, end-to-end solutions ranging from security services, core business applications, customer relationship management solutions, enterprise resource planning solutions, and enterprise security risk management. Halogen reserves the right to expand or reduce its Service offerings at any time.
Your Use of Our Services
You must not interfere or disrupt the Services or servers, or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware, or other such destructive codes. You may not alter or interfere with the way any of our Services is rendered or displayed in a user's browser or device.
- You must not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means.
- You must not attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services.
- You must not attempt to access all or any part of the Services or its manuals/instructions provided to you in order to build a product or service which competes with the Services.
- You must not use the Services to provide services to third parties unless we expressly permit you.
- You must not license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party except unless we expressly permit you.
- You must not attempt to obtain, or assist third parties in obtaining, access to the Services, unless we expressly permit you.
- You must use all reasonable endeavors to prevent any unauthorized access to, or use of, the Services and, in the event of any such unauthorized access or use, promptly notify us.
- You must not access our API by means other than those expressly permitted by us.
- You must not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms or any of our other terms.
- You must not conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to our websites or applications and the provided Services.
User Account & Content
You need to create an account to use our Services. You are responsible for safeguarding your account, so advise that you create and use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
All information provided for account creation must be accurate.
You shall not use the Services for any illegal or unlawful purpose. You hereby agree to comply with all laws, rules and regulations applicable to your use of the Services and any Content (defined below) you provide.
You accept that we may send you messages as part of normal business operations in your use of our Services.
- It may be necessary for our employees, service providers, or agents may need to access your account and content in order to diagnose a problem. When a contact our support team, it is implied that you are allowing us to access your account for this purpose.
- Where you have a paid account, you will pay all applicable fees, taxes, and third-party fees (including, for example, credit card fees, data charges, etc.) when due and, if such fees are being paid via credit card or other electronic means, you authorize us to charge such fees and take steps to collect the fees you owe us.
- You must not attempt to obtain or assist third parties in obtaining, access to the Services, unless we expressly permit you.
- By default, customer accounts are set to auto-renew and we may automatically charge you for such renewal on or after the renewal date associated with your account unless you have cancelled the Services prior to the renewal date. We may revise fee rates for the Services from time to time and will notify you with email notice of any changes in fees at least thirty (30) days prior to your services renewal date. You are responsible for providing complete and accurate billing information to us. We may suspend or terminate your use of the Services if fees, become past due. You are responsible for all taxes and we will charge tax if required to do so by law.
- Our Services may contain links to third-party websites or applications. We make no representations about such websites or applications, and you choose to access them at your own risk. You may only link a site to any of our Services with our express approval. We reserve the right to withdraw linking permission without notice. The site which you are linking must comply in all respects with the content standards set out in these Terms. If you wish to link to our site, please contact (info@halogen-group.com) for info.
Security
In using features of the Services, you agree to keep your registration and login information confidential and secure. You agree to accept responsibility for all activities that occur under your username, email, or password, and to take steps toward account recovery in the event of a compromise. We will not be liable for any loss that you may incur as a result of someone else using your account or password. To protect the security of our Services and your account, we may terminate or suspend your account, change your user name or password, request additional information before we authorize transactions on your account, or take other reasonable actions.
You hereby authorize us, directly or through third parties, to make necessary inquiries to validate your identity and account information including through requesting for information to confirm ownership of your email address, telephone number or financial instruments etc., and verifying your information against third party databases or through other sources. You further acknowledge that we may charge a fee for this verification process.
Privacy Policy & Data Protection
We process information about you in accordance with our Privacy Policy accessible here https://halogen-group.com/privacy-policy By using our Services, you consent to such processing, and you warrant that all data provided by you is accurate and legally obtained. You also confirm that all third-party personal data provided by you has been duly obtained with verifiable consent.
Intellectual Property Rights & Ownership
For purposes of these Terms: (i) "Content" means any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, created tasks and associated information, text, files and other content or materials; and (ii) "User Content" means any Content that account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
Our Services and all intellectual property in any Content therein including text, image, audio, video, or any other type of media in any format published on it are owned by us or our licensors or a third party and are protected by all forms of intellectual property laws including copyright and trademark laws. You agree that your use of our Services or its contents does not give you any ownership rights.
You must not use any part of the Content on our applications for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy, or download any part of our Services in a manner that is in breach of these Terms, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Although we give you permission to use our Services, we retain any intellectual property rights we have in the services.
- Content Ownership of the Content We Make - Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "Halogen Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Halogen Content may violate such laws and these Terms. Except as expressly provided in these Terms, we do not grant any express or implied rights to use Halogen Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Halogen Content, the Services or any related software, except as expressly stated in these Terms. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content. You acknowledge that the Services and Content are protected by intellectual property laws.
- Rights in User Content - We claim no ownership rights over the Content submitted or created exclusively by you in your account. Any Content that is yours remains yours. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services to you. Notwithstanding the foregoing, we may access Content to determine how we can improve our Service, and to determine customer satisfaction. Similarly, any reporting data we collect from your use of the Services remains yours. By using the Services, you agree that we can use this data to provide the Services to you, and you also agree that as long as the data is anonymized and does not identify you, we can combine this data with the anonymized data of other organisations to provide benchmarking, public reports or to otherwise use it to provide the Services.
- Alerts and Notification - As part of the Services we provide, you may receive notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the applications ("Notifications"). You have control over the Notifications settings and can opt in or out of these Notifications through the Services (with the possible exception of infrequent, important service announcements and administrative messages).
Some of the Services may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Services does not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
You have no right to copy, imitate or use, in whole or in part, any of our trademarks without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated or used, in whole or in part, without prior written permission from us. Although it is our intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, for unscheduled downtime, for system and server failures, or due to failure of telecommunications links and/or equipment. Consequently, we encourage you to maintain your own backup of your Content. In other words, we are not a backup service and you agree that you will not rely on the Services for the purposes of Content backup or storage. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. You agree that we are not responsible for, and do not endorse Content posted within the Services. We do not have any obligation to screen, monitor, edit, or remove any Content. If your Content violates these Terms, you may bear legal responsibility for that Content.
Except as otherwise described in our Privacy Policy, as between you and us, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on our part, and we will not be liable for any use or disclosure of any Content you provide. Subject to your agreement and continuing compliance with these Terms and any of our other relevant policies, we grant you a non-exclusive, non-transferable, revocable limited license to use the Services solely for its intended purposes. You agree not to use the Service for any other purpose.
This license is revocable at any time. This license is subject to these Terms and does not include:
- The distribution, public performance, or public display of our Content
- Modifying or otherwise making any derivative uses of the Services or our Content, or any portion thereof;
- Use of any scraping, data mining, robots, or similar data gathering or extraction methods;
- Downloading (other than page caching) any portion of the Services, our Content, or any information contained therein, except as expressly permitted on the Services;
- Accessing our API with an unauthorized or third-party client; and
- Any use of the Services or our Content other than for their intended purposes.
- Any use of the Services or our Content other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license to use our Service and websites/applications granted in these Terms.
It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently.
If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree to the following:
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to us via our Service, our sites, by e-mail or telephone, by mail, or otherwise disclosed, submitted or offered in connection with your use of this Services (collectively, “User Submissions”) you grant us a royalty-free, irrevocable, transferable right and license to use the User Submissions however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User Submissions and/or incorporate such User Submissions into any form, medium, or technology throughout the world.
We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any User Submissions you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any User Submissions in confidence; (2) to pay to you any compensation for any User Submissions; or (3) to respond to any User Submissions. You agree that any User Submissions submitted by you to us will not violate the right of any third party, including without limitation, copyright, trademark, privacy, or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no User Submissions submitted by you to us will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
By using this Services, you agree to the above terms regarding User Submissions. Please note that User Submissions shall not under any circumstances be considered User Content.
Disclaimer
We have taken every effort and care in preparing the Services; however, the services, including, without limitation, our Content, is provided on an "as is", "as available", and "with all faults" basis. We disclaim all warranties, express or implied, as to the accuracy thereof, and the contents shall at all times constitute work in progress which we may change without notice. Halogen or our service providers makes no warranty that our applications, websites and Services will meet your requirements or remain free from any interruption, bugs, inaccuracies, and errors.
Your use of our Services is at your own risk, and we shall not be liable for any loss or damage arising from your use of our Services or the contents therein. No advice or information, whether oral or written obtained by you from the use of our Services will create any warranty or condition not expressly stated.
You are responsible for configuring your devices, computer programmes, equipment or gadgets in order to access our Services. Please ensure you use virus protection software as we cannot guarantee that our Services will be free from viruses or bugs.
Halogen does not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability, or other cause of any kind or character based upon or resulting from any content.
Limitation of Liability & Waiver
Under no circumstances will Halogen be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages) that are directly or indirectly related to: (a) the Services; (b) our Content; (c) User Content; (d) your use of, inability to use, or the performance of the Services; (e) any action taken in connection with an investigation by Halogen or law enforcement authorities regarding your or any other party’s use of the Service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the Service’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from viruses, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if Halogen have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). In no event will Halogen be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury.
License Limitations
Any attempt by you to disrupt or interfere with the Services including undermining or manipulating the legitimate operation of any of our websites or applications is a violation of our Terms and policy and may be a violation of criminal and civil laws.
Without limiting any other remedies we have at our disposal, we reserve the right to take any action we deem necessary to cure or mitigate the effects of any such activity. You must not use the Services in any manner which would infringe on any third party’s intellectual property rights or other legal rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity or confidentiality rights.
We expressly permit you to use the Services, and we are under no obligation to supervise your access to or use of our Services or any information, materials or other content provided or made available through the Services, though we have the right to do so. You hereby agree that in sole discretion, we may remove or delete any data, accounts or other content that infringes these Terms or that is otherwise offensive.
Suspension or Withdrawal of Our Services
We do not guarantee that our Services, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business reasons, operations reasons or as we deem fit. We will try to give you reasonable notice of any suspensions or withdrawals. You are also responsible for ensuring that all persons who access our Services through your account are aware of these Terms and that they comply with them.
We reserve the right to stop offering and/or supporting the Service or a particular part of the Services at any time either permanently or temporarily, in such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services.
Breach of Terms of Use
Failure to comply with the Terms as stated constitutes a material breach and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Services and our termination of your account.
- Issue of a warning to you.
- Investigations and legal proceedings against you for breach of Terms.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of the Terms. The actions we may take are not limited to those we describe and we may take any other action we reasonably deem appropriate.
No Waiver
Any failure or delay by us in exercising a right or remedy under or in relation to these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
Indemnification
You, and any third party for whom you operate an account or activity on the Services, shall defend, indemnify, and hold harmless Halogen and its members, officers, employees, and respective assigns from and against any and all liabilities and expenses arising from or related to your breach of these Terms including your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; your violation of any applicable laws and regulations or any misrepresentation made by you.
You agree to cooperate as may be required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent. Notwithstanding the foregoing, you agree that the cost of any such defense will be at your sole and exclusive expense.
Severability
If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining term or condition.
Termination
We may terminate this agreement at any time, with or without notice, for any reason.
Applicable Law
You agree that these Terms shall be interpreted and governed in accordance with the Laws of the Federal Republic of Nigeria.
Dispute Resolution
If you have an issue with our Services, please contact us and we will endeavour to resolve your issue as soon as possible. Please note that disputes or claims arising out of or in connection to these Terms shall be submitted to mediation in accordance with the Lagos Court of Arbitration ("LCA") Mediation Guidelines 2011. If the dispute is not resolved through Mediation, the parties agree to immediately proceed to resolve the dispute through Arbitration at the Lagos Multi-door Court House. An award of the Multi-door Court may be entered, and application made for its enforcement in any court having jurisdiction for purposes of enforcement. Each party shall bear its cost of the proceedings.
Amendment
These Terms of Use cannot be modified, varied, amended, or supplemented in any way by you. We reserve the right to modify, vary, amend, or supplement these Terms at any time and from time to time. We will post the current version of these Terms on our websites and applications or send the same to you via your email address and each such change will be effective upon posting on our sites or upon the date designated by us as the "effective date" (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms as so modified.
Contact
Any questions or concerns related to this Terms of Use should be sent to info@halogen-group.com