Term of Service

Before you create an account on Funney Organic Food Ltd., make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant Funney Organic Food Ltd.

By using our Services, you represent and warrant that:

1. You are at least 21 years old;
2. You are legally qualified to enter a binding contract with Funney Organic Food Ltd.;
3. You are not located in a country that is subject to a Nigeria Government embargo, or that has been designated by the Nigeria Government as a “terrorist supporting” country;
4. You are not on any list of individuals prohibited from conducting business with the Nigeria;
5. You are not prohibited by law from using our services;
6. You have not have been convicted of or pled no contest to a felony or indictable offence (or crime of similar severity), a sex crime, or any crime involving violence;
7. You are not required to register as a sex offender with any state, federal or local sex offender registry;
8. You do not have more than one account on our Services; and
9. You have not previously been removed from our Services by us unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, you must immediately delete your account.

You agree to:

1. Comply with these Terms, and check this page from time to time to ensure you are aware of any change;
2. Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
3. Use the latest version of the Website and App;
4. Treat other users in a courteous and respectful manner, both on and off our Services;
5. Be polite when communicating with any of our customer care representatives or other employees;
6. Review the Safety Tips;
7. Review and comply with the Community Guidelines, as updated from time to time; and
8. Maintain a strong password and take reasonable measures to protect the security of your login information.

You agree that you will not:

1. Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
2. Use the Services in a way that damages the Services or prevents their use by other users;
3. Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
4. Use our Services for any harmful, illegal, or nefarious purpose;
5. Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
6. Post or share Prohibited Content (see below);
7. Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
8. Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
9. Use another user’s account;
10. Use our Services about fraud, a pyramid scheme, or other similar practice; or
11. Violate the terms of the license granted to you by Funney Event Management (see Section 6 below).
12. Disclose private or proprietary information that you do not have the right to disclose;
13. Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Funney Organic Food’s prior written consent;
14. Express or imply that any statements you make are endorsed by Funney Organic Food Ltd;
15. Use any robot, crawler, site search/retrieval application, a proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
16. Upload viruses or other malicious code or otherwise compromise the security of our Services;
17. Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
18. “Frame” or “mirror” any part of our Services without Funney Organic Food’s prior written authorisation;
19. Use meta tags or code or other devices containing any reference to Funney Organic Food Ltd or the platform (or any trademark, trade name, service mark, logo or slogan of Funney Organic Food Ltd to direct any person to any other website for any purpose;
20. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
21. Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
22. Use, access, or publish the Funney Organic Food Ltd application programming interface without our written permission;
23. Probe, scan or test the vulnerability of our Services or any system or network; or
24. Encourage, promote, or agree to engage in any activity that violates these Terms.

Prohibited Content – Funney Organic Food Ltd. prohibits uploading or sharing content that:

1. Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person;
2. Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
3. Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
4. Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
5. Is defamatory, libellous, or untrue;
6. Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);
7. Involves the transmission of “junk” mail or “spam”;
8. Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Funney Organic Food Ltd or otherwise;
9. Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
10. Was not written by you or was automatically generated, unless expressly authorised by Funney Organic Food Ltd;
11. Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;
12. Is inconsistent with the intended use of the Services; or
13. May harm the reputation of Funney Organic Food Ltd or its affiliates.

The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.

It is essential that you understand your rights and responsibilities about the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.

While using our Services, you will have access to (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Funney Organic Food Ltd provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and indirect messages between users.

3a. YOUR CONTENT

You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see that would violate this Agreement, or that may expose you or us to legal liability.

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.

The content included on your profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether about you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.

Your profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand you agree that we have no obligation to display or review Your Content.

3b. MEMBER CONTENT

While you will have access to Member Content, it is not yours, and you may not copy or use Member Content for any purpose except as contemplated by these Terms.

Other users will also share content on our Services. Member Content belongs to the user who posted the material and is stored on our servers and displayed at the direction of that user.

You do not have any rights about Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing us to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.

3c. OUR CONTENT

Funney Organic Food Ltd owns all other content on our Services.

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remain with us at all times.

We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.

Funney Organic Food Ltd grants you the right to use and enjoy our Services, subject to these Terms.

For as long as you comply with these Terms, Funney Organic Food Ltd grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Funney Organic Food Ltd and permitted by these Terms and applicable laws.

You own all of the content you provide to Funney Organic Food Ltd, but you also grant us the right to use Your Content as provided in this Agreement.

By creating an account, you grant to Funney Organic Food Ltd a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute. Your Content, including any information you authorise us to access from Facebook, Google or another third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. Funney Organic Food Ltd license to Your Content shall be non-exclusive, except that Funney Organic Food Ltd license shall be exclusive concerning derivative works created through the use of our Services. For example, Funney Organic Food Ltd would have proprietary permission to screenshots of our Services that include Your Content.

Also, so that Funney Organic Food Ltd can prevent the use of Your Content outside of our Services, you authorise Funney Organic Food Ltd to act on your behalf concerning infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices under DMCA Takedown Notices on your behalf if Your Content is taken and used by third parties outside of our Services. Funney Organic Food Ltd is not obligated to take any action about the use of Your Content by other users or third parties. Funney Organic Food Ltd. license to Your Content is subject to your rights under applicable law (for example, rules regarding personal data protection to the extent the content contains personal information as defined by those laws).

In consideration for Funney Organic Food Ltd. allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Funney Organic Food Ltd. regarding our Services, you agree that Funney Organic Food Ltd. may use and share such feedback for any purpose without compensating you.

You agree that Funney Organic Food Ltd. may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to (i) comply with legal process;

(ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties;

(iv) respond to your requests for customer service; or

(v) protect the rights, property or personal safety of the Company or any other person.

You will have the opportunity to purchase products and services from Funney Organic Food Ltd. If you are buying a subscription, it will automatically renew – and you will be charged – until you cancel.

Funney Organic Food Ltd may offer products and services for purchase through iTunes, Google Play, Facebook or other external services authorised by Funney Organic Food Ltd (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). Funney Organic Food Ltd may also offer products and services for sale via credit card or other payment processors on the Website or inside the App (“Internal Purchases”). If you purchase a subscription, it will automatically renew until you cancel, by the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.

Because our Services may be utilised without a subscription, cancelling your subscription does not remove your profile from our Services. If you wish to entirely terminate your membership, you must cease your membership as outlined in Section 9.

8a. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS

Foreign Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.

When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID , Facebook or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general conditions applicable to your External Service Account. Some External Services may charge you a sales tax, depending on where you live, which may change from time to time.

If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, Funney Organic Food Ltd may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a Funney Organic Food Ltd subscription. If your chargeback or other payment reversal is overturned, please contact Customer Care. Funney Organic Food Ltd will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Individual users may be entitled to request a refund. See Section 8d below for more information.

8b. INTERNAL PURCHASES AND SUBSCRIPTIONS

Domestic Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically renew until you cancel.

If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize Funney Organic Food Ltd to charge the payment method you provide (your “Payment Method”). Funney Organic Food Ltd may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Funney Organic Food Ltd may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a Funney Organic Food Ltd subscription. If your chargeback or other payment reversal is overturned, please contact Customer Care.

You may edit your Payment Method information by using the Settings tool and following the link to let your upgrade expire. If payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.

Also, you authorise us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or another provider of your chosen Payment Method. If you reside outside of the Nigerians, you agree that your payment to Funney Organic Food Ltd may be through Paystack Technology Services Limited, Remita and if you live in Nigeria, that your payment to Funney Organic Food Ltd may be through Funney Organic Food Ltd. Individual users may be entitled to request a refund. See Section 8d below for more information.

8c. VIRTUAL ITEMS

Virtual items are non-refundable and subject to certain conditions.

From time to time, you may have the opportunity to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features including but not limited to tokens that are redeemable for other virtual items, such as Super Yes and Highlight,” (“Virtual Item(s)”) from Funney Event Management. You may only purchase Virtual Items from our authorised partners or us through our Services. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.

Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value but instead represents a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate by the terms of this Agreement, on the earlier of when Funney Organic Food Ltd ceases providing our Services, or your account is otherwise closed or terminated.

Funney Organic Food Ltd, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and may distribute Virtual Items with or without charge. Funney Organic Food Ltd may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. Funney Organic Food Ltd shall have no liability to you or any third party if Funney Organic Food Ltd exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.

All purchases and redemptions of virtual items made through our services are final and non-refundable. You acknowledge that Funney Organic Food Ltd is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.

8d. REFUNDS

Generally, all purchases are non-refundable. Special terms apply in Lagos and the states Nigeria.

Generally, all purchases are final and non-refundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for returns.

Your Right to Cancel – You may cancel your subscription, without penalty or obligation, at any time before midnight of the third business day following the date you subscribed. If you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.

If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know.

Funney Organic Food Ltd reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated these Terms, misused our Services, or behaved in a way that Funney Organic Food Ltd regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.

If your account is terminated by you or by Funney Organic Food Ltd for any reason, these Terms continue and remain enforceable between you and Funney Organic Food Ltd, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted by our Privacy Policy.

We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.

Funney Organic Food Ltd has adopted the following policy toward copyright infringement, including the following:

1. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access disabled and information reasonably enough to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.

Like many subscription-based services, there are ads on our websites.

Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. Funney Organic Food Ltd may also provide non-commercial links or references to third parties within its content. Funney Organic Food Ltd is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, Funney Organic Food Ltd is not responsible for and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. Funney Organic Food Ltd is not responsible or liable for such third parties’ words or actions.

Funney Organic Food Ltd liability is limited to the maximum extent by applicable law.

To the fullest extent permitted by applicable law, in no event will Funney Organic Food Ltd, its affiliates, employees, licensors, or service providers be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) Your access to or use of or inability to access or use the services, (ii) The conduct or content of other users or third parties on through, or following use of the services; or (iii) Unauthorized access, use, or alteration of your content, even if Funney Organic Food Ltd has been advised of the possibility of such damages. In no event will Funney Organic Food Ltd aggregate liability to you for all claims relating to the services exceed the amount paid, if any, by you to Funney Organic Food Ltd for the services while you have an account.

THE LIMITATION OF LIABILITY PROVISIONS outlined in THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL concerning THEIR ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages so some or all of the exclusions and limitations in this section may not apply to you.

In the unlikely event that we have a legal dispute, here is what you need to know.

If you are dissatisfied with our Services for any reason, please contact Funney Organic Food Ltd Customer Service first so that we can try to resolve your concerns without the need for outside assistance. If you choose to pursue a claim against Funney Organic Food Ltd, these terms will apply.

15a. GOVERNING LAW

NIGERIA law and the Federal Arbitration Act will ask if there is a dispute (except in the EU and where prohibited by law).

Except for users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Lagos, NIGERIA, excluding Lagos’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the preceding, the Arbitration Agreement in Section 15a above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Lagos governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

15b. VENUE

Any claims that are not submitted to arbitration for any reason must be litigated in Lagos state (except for claims brought in small claims court, and in the EU or where prohibited by law).

Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, and except for applications that may be appropriately brought in a small claims court of competent jurisdiction in the county or other jurisdiction in which you reside or in Lagos State, all claims arising out of or relating to this Agreement, to our Services, or to your relationship with Funney Organic Food Ltd that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Lagos, NIGERIA You and Funney Organic Food Ltd consent to the exercise of personal jurisdiction of courts in the State of Lagos and waive any claim that such courts constitute an inconvenient forum.

You agree to indemnify Funney Organic Food Ltd if a request is made against Funney Organic Food Ltd due to your actions.

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Funney Organic Food Ltd, our affiliates, and there and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your breach of this Agreement.

By using our Services, you accept the Terms of this Agreement.

By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy and Cookie Policy, (iii) the Community Guidelines, and (iv) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use our Services.

The section headings and summaries contained herein are inserted for convenience only and shall not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons involved to any requirement. Any word both capitalised and un-capitalised will be deemed to have the same meaning.