These terms of use ("Terms of Use") mandate the terms on which users ("You" or "Your" or "Yourself" or "Users") interested in Adelaâs Services (defined below), through Parrotica™, a streamlined bulk short messaging services hereinafter referred to as, the "Platform". The Platform is owned and operated by Adela Technologies Nigeria Limited, a company registered in Nigeria (the âCompanyâ).
Please read the Terms of Use carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform. Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in this Terms of Use and Privacy Policy, along with any amendments made by the Company at its sole discretion and posted on the Platform from time to time.
By using or receiving any services supplied to you by the Company (collectively, the âServiceâ) and downloading, installing or using any associated software supplied by the Company which purpose is to enable you to use the Service (collectively, the âSoftwareâ), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time. Unless otherwise defined in this Terms of Use, the terms used in this Terms of Use have the same meanings as in our Privacy Policy. Our Terms of Use together with the Privacy Policy constitutes your agreement with us.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes.
By using the Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. The Services are not available to children (persons under the age of 18). By using the Services, you represent and warrant that you are at least 18 years old. By using the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service is for your sole, personal use and business use where necessary. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Software for your device.
By using the Services, you agree that:
You shall be permitted full access to the Platform, avail the Services on the Platform only upon creating an Account (as defined below) and obtaining a registration on the Platform. As a part of the registration, You may be required to undertake a verification process to verify Your personal information and setting up the Account.
The Company shall have the right to display the information, feedback, ratings, reviews etc. provided by You on the Platform. You agree and accept that as on the date of Your registration on the Platform, the information provided by You is complete, accurate and up-to-date. In the event of any change to such information, You shall be required to promptly inform the Company of the same, in writing, at least 1 (one) week prior to the date on which such change shall take effect. You acknowledge and accept that the Company has not independently verified the information provided by You. Adela shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, not current or incomplete, or Adela has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Adela reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Platform (or any portion thereof) at any time.
The Platform provides You with the following services ("Services"):
Without prejudice to the foregoing, specific services may become unavailable at our discretion and/or due to evolving laws and regulations. Notwithstanding, our users would be given reasonable notification before any service is discontinued.
Any fees which the Company may charge you for the Software or Services, are exclusive of all taxes and levies, are due immediately and are non-refundable. The Company accepts payments strictly by electronic means which includes but is not limited to debit card payments and bank transfers. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Software or Services either planned, accidental or intentional, or any reason whatsoever.
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
During use of the Software and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services through the Software or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable thirdâparty. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such thirdâparty. The Company does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party providers. The Company provides the Software and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain thirdâparty providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.
The Company may rely on third party advertising and marketing supplied through the Software or Service and other mechanisms to subsidize the Software or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Company reserves the right to charge you a higher fee for the Services or Software should you choose not to receive these advertising services. This higherfee, if applicable, will be posted on the Companyâs website at www.adelatechnologies.com. The Company may compile and release information regarding you and your use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
By entering into this Agreement and using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such partyâs parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneysâ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party,(c) your use or misuse of the Service.
In light of the foregoing, you represent that you have requisite consent and the authority to provide the contacts on the platform and you agree to processing such data which enables us to provide the best possible service. Furthermore you agree to indemnify and hold the company harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneysâ fees and costs) that may arise from this action.
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERRORâFREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN âAS ISâ BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONâINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOFTWARE AND SERVICE, AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE COMPANYâS SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, DISRUPTIONS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT OR INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, ADELA TECHNOLOGIES LIMITED IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, DELAY IN OPERATION OR TRANSMISSION OR LINE SYSTEM FAILURE (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, (III) NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, IS GIVEN IN CONJUNCTION TO WEBSITE, SERVICES, OR ANY SOFTWARE OR TOOLS CONTAINED IN WEBSITE AND SERVICES AND IN GENERAL (IV) WE SHALL NOT BEAR ANY LIABILITY, WHATSOEVER, FOR ANY DAMAGE OR INTERRUPTIONS CAUSED BY ANY COMPUTER VIRUSES, SPYWARE, SCAREWARE, TROJAN HORSES, WORMS OR OTHER MALWARE THAT MAY AFFECT YOUR COMPUTER OR OTHER EQUIPMENT, OR ANY PHISHING, SPOOFING OR OTHER ATTACK. WE ADVISE THE REGULAR USE OF A REPUTABLE AND READILY AVAILABLE VIRUS SCREENING AND PREVENTION SOFTWARE. (V) YOU AGREE THAT YOU ARE RESPONSIBLE FOR ALL DATA CHARGES YOU INCUR THROUGH USE OF THE PLATFORM.
Notices made by us for You or Your account specifically (e.g., notices of breach and/or suspension) will be provided to You via a notification message displayed on Your account page or via the email address provided to us in Your registration for the Services or in any updated email address You provide to us in accordance with standard account information update procedures we may provide from time to time. It is Your responsibility to keep Your email address current and You will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not You actually receive the email. For notices made by You to us and for questions regarding this Agreement or the Services, You may contact the Company at support@parrotica.com.
The Company reserves the right to close or suspend Your account without prior warning should You contravene any of the terms and conditions of this Agreement and any future amendments and additions thereto.
Responsibility: If You authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of Your Agreement with the Company and/or these Terms and Conditions, You shall be deemed to have taken the action Yourself.
Severability: If any portion of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of these Terms and Conditions will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Terms and Conditions, and the rest of the Terms and Conditions shall remain in full force and effect.
Waivers: The failure by us to enforce any provision of these Terms and Conditions shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.
Successors and Assigns: These Terms and Conditions will be binding upon, and inure to the benefit of the Company and any contracting parties and their respective successors and assigns.
No Agency: Nothing in these Terms and Conditions shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between Adela and You.
No Third Party Beneficiary: You acknowledge and agree that, except as otherwise expressly provided in the Terms, there shall be no third-party beneficiary to any agreement entered into with the Company.
These Terms of Use shall be governed by and construed in accordance with the laws of Nigeria. Any disputes arising from the use of our platform or services shall be resolved through binding arbitration in Nigeria in accordance with the provisions of the Arbitration and Mediation Act or any amendments thereto.
If you have any questions about this privacy policy or our privacy practices, please contact us using the details provided below:
Email address: support@parrotica.com