Effective as of 18th June, 2023
These Terms of Service (Terms) govern the relationships between you and Vilobar Solutions regarding your use of Vilobar application, located at https://Vilobar.com and any other services available through this website.
PLEASE READ THIS TERMS CAREFULLY BEFORE USING OUR Vilobar APPLICATION. BY GIVING CONSENT TO COMPLY WITH OUR TERMS OF SERVICE YOU ARE ENTERING INTO A BINDING CONTRACT WITH Vilobar Solutions, A BUSINESS REGISTERED UNDER THE LAWS OF NIGERIA, HAVING A PRINCIPAL PLACE OF BUSINESS IN NIGERIA. IF YOU DISAGREE, OR UNABLE TO COMPLY WITH THESE TERMS PLEASE DO NOT USE Vilobar. WE MAY CHANGE THESE TERMS ANY TIME AND YOU SHALL BE INFORMED ABOUT ANY SUCH CHANGES.
BY REGISTERING FOR, ACCESSING, BROWSING, UPLOADING TO OR USING Vilobar OR OUR WEBSITE YOU AGREE THAT YOU HAVE READ,WILL COMPLY WITH AND WILL BE FULLY BOUND BY, THIS TERMS OF SERVICE AS WELL AS OUR PRIVACY POLICY INCORPORATED HEREIN BY THE LINK. PLEASE NOTE THAT THIS WEBSITE IS NOT INTENDED TO BE USED BY PERSONS WHO IS UNDER LEGAL AGE. IF YOU ARE NOT 18 YEARS OLD PLEASE CEASE USING THIS WEBSITE.
1.1. Website – the website operated by Vilobar Solutions available at https://vilobar.com.
1.2. User/you – any person using Vilobar or accessing the Website.
1.3. We/us/our – means Vilobar Solutions.
1.4. Setup profile – Add the information of a lawyer or law firm in our website.
1.5. Lead – means an item listed on your marketplace account web page, that can be synchronised through Vilobar.
2.1. Vilobar is a web application that connects customers requiring legal services with lawyers and law firms.
2.2. Before using Vilobar, you have to create a personal account as a client or a lawyer/Law firm Account.
2.3. The account may also be created through third-party services as part of the Website functionality. You may link the account with third-party services (including but not limited to Facebook or Google), by allowing and granting us the right to access your third-party account pursuant to applicable third party terms and policies. By granting us access through third-party services, you accept and understand that we shall be entitled to access and store certain information regarding you (more information in our Privacy Policy).
3.1. Any user who registering account with Vilobar shall: (1) comply with these Terms of Service while using Website and Vilobar; (2) immediately inform us on any illegal or unauthorized activity or a security breach (including any loss, theft, or unauthorized disclosure or use of a username, password); (3) be responsible for all activities that occur under such user’s account; (4) provide information which is accurate, relevant and up-to-date; (5) provide all equipment, software, and information necessary to use Vilobar; (6) be solely responsible for any fees, including Internet connection, incurred while using Vilobar.
3.2. Any user shall not: (1) upload to Vilobar any content or file that contains or redirects to a virus, worm, Trojan horse, or other harmful technology or component that unlawfully accesses alternatively, downloads content or information stored within the Service or on the hardware of Vilobar Solutions, our affiliates, or any third party; (2) decompile, interfere with, hack, reverse engineer, disassemble, modify, copy, or disrupt the functionality, integrity, features, or performance of the Vilobar; (3) access the Vilobar with intent and/or in order to create a comparable or similar application or software or copy any features, graphics, ideas, images, videos, intellectual property or functions of the Vilobar; (4) create accounts by any means other than Website interface (scraping, creating accounts in bulk); upload to Vilobar any content or file that infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party.
3.3. We retain the right to suspend or cancel the account of any user, accused of breaching of rules as mentioned in this Terms of Service. In such circumstances, we reserve the right to cancel the user account without a refund.
4.1. Each prepaid subscription plan includes the available number of Leads specified and is due monthly starting from the day of processing of the first fee payment. Unless otherwise specified on the subscription plans description, the subscription renews automatically at the end of the billing term with automatic charging to your account. If you would like to discontinue automatic renewal, you have to turn off automatic billing or cancel the subscription.
4.2. All fees are in Nigerian Naira (NGN), excluding VAT. VAT and other applicable taxes will be applied during the purchase. Please note that you are solely responsible for paying own taxes applicable to your use of Vilobar and other services available through website.
4.3. We reserve the right to change our pricing at any time. Any changes to the pricing are not retrospective and shall not apply to the purchases made.
4.4. You may change your subscription plan at any time. When you purchase a subscription plan with an enhanced number of Leads, the change shall be immediate. If you change your subscription to a subscription plan with fewer leads the change becomes effective at the beginning of the next billing term.
4.5. You may cancel the subscription plan at any time. However, if you are not a consumer (i.e., a natural person who is acting for purposes which are outside his/her trade, business, craft or profession) we do not offer any refund for the subscription fees in case you want to cancel your plan. If you are a consumer, you have the right to withdraw 14 days without giving any reason with reimbursement of all payments received. The withdrawal period will expire after 14 days from the purchase made. To exercise the right of withdrawal, you must inform us of your decision to withdraw from the sale contract by an unequivocal statement (e.g., a letter sent by post or email).
5.1. After Setup is held, and your services are added and shown at the Website admin panel.
5.2. Each Service offered required a new description from your side
5.3. Upon purchase of the annual subscription, you shall receive a special discount, Such service shall be provided upon request.
5.4. Doing Setup on your own is free of charge. If you will request a Setup service you shall be charged as described in our pricing, unless the Setup is a part of the subscription plan purchased.
5.5. Setup may be unsuccessful in case of issues on third party platforms you have an account with. In such a case, payments are not refundable.
6.Payments
6.1. All payments are made either through bank transfer , paystack or flutterwave. flutterwave or paystack may collect payment information from you, which will allow it to make the payments requested by you. Please note that we neither store nor process your credit card information. flutterwave or paystack handles all the steps in the payment process on its website, including data collection and data processing.
6.2. Your account will be automatically charged 24 hours prior to the end of the current subscription term. If you wish to turn off further subscription auto-renewal, you should do it at least 24 hours before the end of the current period.
6.3. The subscription fee is paid in exchange for access to Vilobar features according to the subscription plan chosen.
6.4. The paid subscription fee is not refundable unless otherwise specified by this Terms.
6.5. When the subscription period ends and the subscription fee is not paid due to the fund’s insufficiency your subscription shall be suspended and the package retuned to default.
6.6. All services outside subscriptions are prepaid and chargeable beyond the price of the subscription. The Setup fee is Free.
6.7. You acknowledge that we are entitled to adjust fees at any time without prior notice. All pricing changes shall not be retrospective.
7. Availability of the Services
7.1. We may, at our own discretion, limit the number of services available through the Website or refuse to provide the services without giving a reason. We may especially refuse to accept your order if: (1) the billing information you provided is incorrect or invalid, or we are otherwise unable to process the payment; (2) we suspect that order is fraudulent, or placed due to fraudulent activity; (3) your order is placed pursuant to a previous credit card dispute.
8. Third-Party Service Access
8.1. For the purpose of provision of services, Vilobar shall receive access to your third party accounts, to which you shall provide credentials during setup. Due to this, you grant us a limited, non-exclusive, non-transferable, non-sublicensable worldwide royalty fee license to access and use your third party account, content and information on your items listings, orders, deliveries and refunds available through such third party service solely for the purpose of fulfillment of these Terms.
9. Intellectual Property Right
9.1. All rights, copyrights, patents, trade secrets, trade dress, know-how, technical information, inventions, discoveries, improvements, ideas, concepts, discoveries, texts, images and other proprietary rights, and any derivative works thereof (including improvements) embodied in the Vilobar belong solely and exclusively to us.
9.2. “Vilobar” is our trademark and may not be used, copied, or imitated, in whole or in part, without our express prior written approval. Nothing in these Terms grant you right to use our trademarks.
9.3. Subject to your compliance with these Terms and upon registering with Vilobar, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Vilobar, its features, and service according to your subscription plan.
9.4. For the purpose of fulfillment of our obligations described herein, you hereby grant us worldwide non-exclusive, non-perpetual, non-transferable, non-sublicensable royalty free license to use and process the content of your accounts synchronized through Vilobar.
10. Representations and Warranties
10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Vilobar APPLICATION, SETUP, AND ADDITIONAL SERVICES ARE PROVIDED “AS IS”. WE DO NOT PROVIDE ANY WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR GUARANTEES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY THAT Vilobar, WEBSITE CONTENT, SETUP OR ADDITIONAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF DEFECTS, ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Vilobar, SETUP AND ADDITIONAL SERVICES OR OF NON-INFRINGEMENT, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
10.2. You represent and warrant that you are entitled to (a) disclose your third party account login information to us; and (b) grant us access to your third party account, without breach of the terms and conditions that govern the use of respective third party service.
11. Indemnity
11.1. You will indemnify and hold harmless us, our employees, contractors and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your (1) access to or use of the Website and Vilobar; (2) content which you provide to us while using Vilobar; (3) your violation of these Terms; and (4) your relationships with third party services, to which you grant us access.
12. Limitation of Liability
12.1. You agree that, to the maximum extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Vilobar is to stop using our Website and Vilobar.
12.2. To the maximum extent permitted by applicable law, Vilobar Solutions, its employees, officers, shareholders, directors, agents, subsidiaries, affiliates, successors, suppliers, assigns or licensors shall not be liable for any indirect, special, incidental, punitive, exemplary or consequential damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, arising out of your access or use or inability to access or use Vilobar, even if you have been advised of the possibility of those damages and even if a remedy fails of its essential purpose. This condition shall not limit our liability for death or personal injury caused by our gross negligence, fraud, or willful misconduct.
12.3. In no event, shall our aggregate liability exceed the amount you paid to us during the one year prior to the incident or N50,000, whichever is higher.
13. Force Majeure
13.1. “Force Majeure” means unforeseeable circumstances acts, events or occurrences that prevent us from providing Vilobar or our services you, including but not limited to terrorism, strikes, riots or civil commotion, war, flood, act of God, accident, fire, storm, interruption of power supply, electronic, communication equipment or supplier failure, civil unrest, statutory provisions, lockouts or third party service issues, and errors.
13.2. We shall have a right to, at our own reasonable discretion determine the existence of Force Majeure and take reasonable steps to inform you about it.
13.3. In the event of Force Majeure, we may without prior written notice and at any time: (a) suspend or modify any or all terms of the Terms of Service or Privacy policy to the extent that the Force Majeure makes it impractical or impossible for us to comply with them; or (b) take or omit to take all such actions as we consider to be reasonably appropriate in the circumstances with regard to us, you and other users.
13.4. In the event of Force Majeure, we shall not be liable to you in respect of any consequential, nonfinancial, direct or indirect damages.
14. Term and Termination
14.1. The agreement concluded pursuant to these Terms shall be effective until terminated by either you or us. You may terminate these Terms at any time by the termination of your account.
14.2. Vilobar may terminate the agreement at any time without notice by suspension of your account, if you will fall to comply with these Terms.
14.3. In case of termination, you will remain liable for all amounts due up to, and on the date of termination.
15. Final Provisions
15.1. If any part of these Terms is found to be invalid, illegal or unenforceable, it will not affect the validity or enforceability of the remaining text of these Terms.
15.2. The section titles in the Terms are for convenience only and have no legal or contractual effect.
15.3. Any failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
15.4. Nothing contained in these Terms will be construed to create an employment relationship, partnership, principal and agent, or any other fiduciary relationship.
15.5. These Terms may be made available in multiple languages, however, the English version shall prevail, and will be considered as the authentic and official version.
16.6. These Terms shall be governed by and construed in accordance with the laws of Nigeria, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Nigeria by the Nigeria residents.
16.7. These Terms shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.
16.8 Any controversy, claim or dispute arising out of or relating to these Terms will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.
The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.