Terms and Condition

WELCOME

Welcome to ngrDesk online news blog, a news, information and communication service available on the Internet’s World Wide Web and through other digital means, such as mobile apps. The service combines much of The ngrDesk, Saturday ngrDesk, Sunday ngrDesk with additional material available only in ngrDesk online news blogs. As used in these Terms of Service, e- ngrDesk means ngrDesk,  ngrDesk online news blogs as well as ngrDesk online news blog.

AGREEMENT

This terms and conditions of service (this “Agreement”) governs your use of all digital products and services from ngrDesk, and in some cases, the print version of ngrDesk online news blogs, unless other terms and conditions expressly govern. Examples of such digital products and services include ‘ ngrDesk News and ngrDesk.com’. These products and services are provided either directly by ngrDesk or through various third-party platforms and devices (e.g., mobile and tablet).

If you agree to be bound by the terms of this Agreement, you should check the box indicating your agreement to the terms of this Agreement on the registration page for the Service. If you do not agree to be bound by the terms of this Agreement, you should not check the box but you will not be able to proceed with the registration process for the respective Service and become a subscriber. To the extent you have access to, or are using, a Service without having completed our registration process, you are hereby notified that your continued use of a Service is subject to many of the terms and conditions of this Agreement as explained below.

REVISIONS TO TERMS AND CONDITIONS

We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been “updated” or similar words). The changes also will appear in this document, which you can access at any time by going to the terms and conditions link provided on the services. By using a Service after changes are made to this Agreement you signify that you agree to be bound by such changes. 

COST & PAYMENTS

You must be 18 years of age or older to purchase a subscription to ngrDesk online news blog or any other content, product, or service offered by us through the Service for a fee. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. Unless you have paid by cheque or online transfer, we will bill all charges automatically to your debit/credit card. Subscription fees will be billed at the beginning of your subscription and any renewal. As a general matter, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel

RENEWAL & CANCELLATION

4.1 Renewal

Unless specifically stated in any Subscription offer or promotion when you place your Subscription order with us, if you choose an auto-renew payment option, including direct debit, you agree that at the end of the initial subscription period (and of each renewal period thereafter), your Subscription will automatically renew for the same subscription period at the then prevailing renewal rate, which may be changed from time to time. If you do not choose an auto-renew payment option, we will contact you at the end of the initial subscription period with an offer to renew your subscription at the then prevailing renewal rate, which may be changed from time to time. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your debit/credit card unless you pay by check.

4.2 Cancellation

NO CANCELLATION POLICY FOR SUBSCRIPTION BUNDLES. THE INITIAL TERM OF SUBSCRIPTION(S) TO A DEVICE BUNDLE IS NON-REFUNDABLE AND NON-CANCELLABLE. YOU HAVE AN UNQUALIFIED OBLIGATION TO PAY EACH PAYMENT DUE FOR YOUR SUBSCRIPTION.

4.2.1 Cancellation Policy for other subscriptions

We may cancel your subscription at any time upon notice to you. You may cancel your subscription prior to any renewal term by contacting us through info@ngrdesk.com

AVAILABILITY OF SERVICE THROUGH OTHER PLATFORMS

5.1 Third-Party Payment Services

If you access a Service through a mobile application or other type of third party platform, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platforms terms in addition to this Agreement.

5.2 From time to time, we may use a third party not affiliated with us to process payments for a Service (a “Third Party Processor”). You agree that this Third Party Processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third Party Processor you may be subject to additional terms of use/service and privacy policy (ies) of the Third Party Processor.

LIMITATIONS ON USE

6.1 Intellectual Property

The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design, advertisements and materials being collectively referred to as “ ngrDesk Content”), is copyright of The ngrDesk and its licensors, if any. You may not use or reproduce or allow anyone to use or reproduce any trademarks (such as “ngrDesk Digital” name and logo or other trade names appearing on the Site or any Digital Application) for any reason without written permission from ‘ngrDesk’. The software that operates the Site and all Digital Applications is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

6.2 Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise.

6.3While you may occasionally download and store articles from the Service for your personal use, you may not otherwise provide others with access to such articles. The foregoing does not apply to any sharing functionality we provide through the Service that expressly allows you to share articles or links to articles with others. In addition, you may not use articles you have downloaded for personal use to develop or operate an automated trading system or for data or text mining.

6.4 Additional Restrictions on Use of the Content.

6.4.1 You agree not to rearrange or modify the Content available through a Service. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content available through a Service. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of WebCrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.

6.4.2 You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.

6.4.3 As a general rule, you may not use the Content, including without limitation, any Content made available through one of our RSS Feeds, in any commercial product or service, without our express written consent.

6.4.4 You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to a Service.

6.4.5 Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.

6.4.6 You may not access or view the Services with the use of any scripts, extensions, or programs that alter the way the Services are displayed, rendered, or transmitted to you without our written consent.

6.4.7 You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement.

USER-GENERATED CONTENT

7.1 User Name & Password.

We may require you to register to access and use certain of our community areas. We recommend that you use your own first and last name as your user name for these community areas. With certain exceptions, when you register for these community areas, we will pre-fill your user name with your own name. It is your responsibility to choose your password wisely and ensure the security of your password. If you have concerns or believe that someone is using your password without your authority, please immediately contact us through info@ngrdesk.com. We reserve the right to disclose any information about you, including registration data, in order to, among other things, comply with any applicable laws and/or requests under legal process, protect our property or rights, and safeguard the interests of others, as disclosed in more detail in our Privacy Policy.

7.2 User Generated Content.

7.2.1 User Content. 

We offer you the opportunity to comment on and engage in discussions regarding our Content. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities are referred to as “User Content” in this Agreement and are subject to various terms and conditions as set forth below.

7.2.2 Cautions Regarding Other Users and User Content

You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own investment decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any user. We do not routinely screen, edit, or review User Content. However, we reserve the right to monitor or remove any User Content from the Services at any time without notice. You should also be aware that other users may use our Services for personal gain. As a result, please approach messages with appropriate scepticism. User Content may be misleading, deceptive, or in error.

7.2.3 Grant of Rights and Representations by You. 

If you upload, post or submit any User Content on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Services, you grant  ngrDesk, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable right and license to use, distribute, publicly perform, display, translate, adapt reproduce, and create derivative works from your User Content in any and all media or technology, now known or later developed, in any manner, in whole or part, with or without attribution, without any duty to compensate you.

You waive all moral rights you may have in any User Content. You agree that we may modify or alter your User Content without seeking further permission from you. You also grant us the right to authorize the use of User Content, or any portion thereof, by Subscribers and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the Services and to allow other Subscribers or users to request access to your User Content, such as for example through an RSS Feed. You agree that you are financially responsible for any claim against us arising from any User Content you create.

7.2.4 We may also remove any User Content for any reason and without notice to you. This includes all materials related to your use of the Services or membership, including email accounts, postings, profiles or other personalized information you have created while on the Services.

• ONLINE CONDUCT

All users must comply with any rules posted by ngrDesk on a Forum. You may not:

• Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
• Post, link to or otherwise publish any Messages that infringe copyright;
• Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
• Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of  ngrDesk;
• Post the same Message, or a very similar Message, repeatedly;
• Post or otherwise publish any Messages unrelated to the Forum or the Forum’s topic;
• Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or “spam”;
• Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
• Disguise the origin of any Messages;
• Impersonate any person or entity (including  ngrDesk employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
• Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
• Collect or store other users’ personal data; and/or
• Restrict or inhibit any other user from using the Forums.

By submitting Messages to any Forum you agree to indemnify and hold harmless ngrDesk from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section.

COPYRIGHT POLICY; Digital Millennium Copyright Act (“DMCA“)

 ngrDesk respects the copyrights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office site at //www.copyright.gov/legislation/pl105-304.pdf, ngrDesk will respond expeditiously to notices of alleged copyright infringement that are duly reported to us. We will disable and/or terminate the accounts of Users who are repeat infringers.

If you believe that ngrDesk or any user of ngrDesk has infringed your copyright, please notify us through our email at info@ngrDesk.com.

THIRD-PARTY WEBSITES, SERVICES AND SOFTWARE

Your use of any third party websites, content, data, information, applications, goods, services or materials (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on our part or of our affiliates. We do not verify, endorse, or have any responsibility for Third-Party Services and any third party business practices (including, without limitation, their privacy policies), whether the Services or our logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. Accordingly, we encourage you to be aware when you use the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

DISCLAIMER AND LIMITATION OF LIABILITY

12.1. Disclaimer

While ngrDesk strives for accuracy, it does not warrant or guarantee the accuracy or completeness of any information or database on our service. Nor does ngrDesk warrant or guarantee that any files available for downloading will be free of defects. Neither ngrDesk nor any of its information providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published in ngrDesk.

The content, services, and features of ngrDesk are subject to change without notice. The inclusion of any content, services, and features on ngrDesk at a particular time does not imply or warrant that these products or services will be available at any time.

While we take reasonable steps to ensure that no viruses, worms, Trojan horses or other destructive properties are present, the entire risk as to the quality and performance of ngrDesk and the accuracy and completeness of any information is with you.

Opinions, advice and all other information expressed on ngrDesk forums, comment sections, blogs, and any other area where user-generated Content is displayed, represent the individual’s own views and are not necessarily those of ngrDesk.  ngrDesk does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized ngrDesk spokespersons.

Any investment decisions or other actions that users take based on information available on ngrDesk or in its mobile apps should first be reviewed by a competent financial adviser or other professional. THE  ngrDesk digital SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SERVICE (INCLUDING ANY LINK TO ANOTHER WEB SITE OR RESOURCE).

12.2. Limitation of Liability

In no event will  ngrDesk online news blog, or their parents or affiliates be liable for 

(i) Any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use  ngrDesk online news blogs, or any information or services provided on  ngrDesk website or on its other digital platforms, even if  ngrDesk has been advised of the possibility of such damages, or 

(ii) Any claim attributable to errors, omissions, or other inaccuracies published on ngrDesk or in its mobile apps. 

INDEMNITY

You agree to defend, indemnify, and hold harmless  ngrDesk online news blogs,  ngrDesk online news blog and their parents and affiliates from any action which arises from: 

• your use of and access to  ngrDesk websites and digital platforms;
• your violation of any of these Terms of Service; 
• your violation of any third-party right including any copyright, trademark, trade secret, or privacy right related to any Member Content submitted by you (if applicable) or your use of the website. 
• This defence and indemnification obligation will survive the term and your use of any of our online services.

MISCELLANEOUS

14.1. Termination

We may terminate these Terms of Service, your account, or your access to ngrDesk services at any time with or without notice to you. 

14.2. Jurisdiction

This agreement between ngrDesk online news blog and its users will be governed and interpreted under the laws of the Federal Republic of Nigeria. 

In the event that any provision of these Terms of Service is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.

14.3. Dispute Resolution and Arbitration

You agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to these Terms of Service,  ngrDesk online services, any subscription to e-  ngrDesk or any other aspect of our relationship. In an attempt to find the quickest and most efficient resolution of our issues, you and ngrDesk agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by electronic mail to us at: info@ ngrDeskng.com Attn: Unresolved Customer Issue. If we should need to discuss an issue with you, we will contact you using the email or mailing address on your account.

If we do not reach an agreed upon solution after our discussions for at least 30 days, you and ngrDesk agree that any Legal Claim that either of us may have must be resolved through arbitration. 

14.3.1 Exceptions to Mandatory Arbitration. There are two limited exceptions to this Dispute Resolution and Arbitration provision: 

(i) Either party may pursue in small claims court any action that is within that court’s jurisdiction, as long as the case proceeds on an individual basis only; 

(ii) Either party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.

To help resolve any issues between us promptly and directly, you and ngrDesk, agree to begin any arbitration within one year after a Legal Claim arises; otherwise, the Legal Claim is waived. You expressly waive any right to file a class action or seek relief on a class basis. All arbitration hearings will be held in Nigeria. The parties agree that this Dispute Resolution and Arbitration provision is subject to, and will be governed and enforced under the Arbitration and Conciliation Act Cap A18, Laws of the Federation of Nigeria (2004). 

It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. 

14.4. Severability

If any provision of these Terms and conditions of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

14.5. Complete Agreement

These Terms and conditions of Service represent the complete agreement concerning the subject matter hereof between the parties and supersedes all prior and contemporaneous agreements and understandings between them, whether written or oral.

14.6. Force Majeure 

Neither party will be liable for any failure to perform any obligation (other than payment obligations) hereunder, or from any delay in the performance thereof, due to causes beyond its control, including industrial disputes of whatever nature, acts of God, public enemy, acts of government, failure of telecommunications, fire or other casualty.

10.8. Independent Contractors

The parties hereto are independent contractors, and these Terms of Service creates no partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf and you shall not make any statement, on your Site (if any) or otherwise, that conflicts with these Terms of Service.