Terms of Service effective as of July 4, 2017
By using the Service(s) offered through this Website, you are bound by the Terms and Conditions as set forth below, which constitutes a legally-binding agreement between 360°City and You
2) Key Definitions
"Company", "360°City" ("us", "we", "our" and "ours") means 360-Degrees City Handyman, registered in Nigeria
"Customer" means any person who uses our Website. Those offering services (“Artisans “or “Professionals") and those who are receiving services (“User" or “Clients”) through the Website
"Job" means project/job submitted by a customer via our service
"Users", "You", means anyone making use of the 360°City Services.
"Service" means any procedure or service that is provided by 360°City to Users, which includes, but not limited to: information, services and products provided through the Website, or by telephone or email.
"Professionals” and "Artisans" here collectively called “Service Providers” means any business or individual who registers on the Website in order to quote for work posted by Customers
"Website" means 360°City website and mobile application, including the classified advertisements, forums, blogs, various email functions, and all content and 360°City services available on domain and any sub-domain of 360°City located at https://360degreescity.com (collectively referred to herein as the "Website")
"Expressing Interest", "Expressed Interest" means contacting, quoting or messaging a customer who has posted a service request on the Website.
"Lead", is a Job which we give you the opportunity to Express Interest in
"Service Agreement", means any agreement reached between a Professional or Artisan and a Customer on the services to be performed. A service agreement can be reached by a verbal exchange in person, via telephone, via SMS, via an email or in the form of a written statement or contract.
3) Governing Law & Jurisdiction
These Terms of Service shall be governed by and construed in accordance with Nigerian law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Nigerian courts.
If any provisions hereof are held to be illegal or unenforceable, such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.
360°City provides an online marketplace for Professionals and Artisans of all types, and potential Customers who are in need of their services. By using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website, you hereby certify that:
a) You are either a Service Provider or a prospective Customer or User
b) You are at least 18 years of age, and have the authority to enter into a legally binding Service Contract, either as an individual or a business name, and if a business name, that by you using the Website or registering as a Service Provider, and by accepting the Terms and Conditions, you bind the business to the contract.
c) You authorize the transfer of payment for Services requested through the use of the Website, and
d) You agree to be bound by all Terms and Conditions, and any other documents incorporated by reference herein.
If you do not agree to be bound by these Terms of Service, you should discontinue using the Website forthwith.
5) Accuracy of Information
Although we attempt to ensure that it is correct and accurate, 360°City cannot guarantee the accuracy of the information on this Website, and are not liable for any problems or losses arising from errors in the content.
In using the Services provided by 360°City, you acknowledge that 360°City is not acting as a contractor or agent. It is the responsibility of the Customer to accept and negotiate with the Service Providers on the terms for any work that they undertake, and 360°City will not be involved or held liable for any Service Agreement between the Customer and Service Providers.
We recommend that any Customer, before entering into a Service Agreement with any Service Provider, validates the identity of the Service Provider, and any other necessary and qualifying document. If you suffer any problems or losses as a result of not obtaining or verifying these details, 360°City will not be liable.
You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else's use and enjoyment of the Website. Messages, profiles, job descriptions and other content must be civil and tasteful.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("content") posted on, transmitted through, or linked from 360°City, are the sole responsibility of the person from whom such content originated. You are entirely responsible for all content that you post, email or otherwise make available via the Service.
You understand that 360°City site and content available through the Service may contain links to other websites, which are completely independent of 360°City, and we therefore make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.
We are therefore exempt from liability and responsibility for any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents
Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with the use of any content, that you may not rely on said content, and that under no circumstances will 360°City be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via 360°City.
You acknowledge that 360°City does not pre-screen or approve all content, but that 360°City shall have the right (but not the obligation) in its sole discretion to remove or move any content that is available on the Website for violating the letter or spirit of the terms or for any other reason.
7) Intellectual Property
360°City owns all the intellectual property rights relating to the Website, including the designs, text, database, graphics and layouts, and you agree not use or copy any part thereof without our express permission.
The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials ("content") Users upload to 360°City are retained by the copyright owner, and these are added to the Website by Users at their own risk. In doing so you are giving expressed and irrevocable permission for us to store, display and use the content.
8) Dealings with Organisations and Individuals
Your interactions with organisations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.
You agree that 360°City shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users on this Website, or between Users and any third party, you understand and agree that 360°City is under no obligation to become involved.
In the event that you have a dispute with one or more other Users, you hereby release 360°City, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
All Service Providers will be subject to feedback evaluations from Customers if, after expressing interest, a Service Agreement is reached to carry out some or the entire job advertised or similar or related work.
Service Providers understand that 360°City is not responsible for the feedback content that those customers post, or any harm done by such content. The Customer who posts the feedback is directly responsible for its content, and the accuracy and legality thereof.
All Users understand that any use of profanity, libelous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.
360°City performs a number of checks on feedback with an aim to ensure that feedback is authentic, and will remove feedback that in its sole discretion appears to be fake, but makes no claim or warranty of the accuracy or authenticity of any feedback. 360°City may, at its sole discretion, also remove feedback at the request of the author.
Any contact details given will not be displayed on the Website or used for marketing purposes. It is your responsibility to ensure that you have the referee's permission to give their contact details to 360°City.
It is the responsibility of the Service Providers to ensure that the referee is a genuine client. We perform a number of checks to ensure this. It is at our sole discretion whether comments from the referee will be posted.
11) Payment Terms & Refunds
a) Service Providers Fees
Joining 360°City, posting services and viewing posted Services is free. 360°City reserves the right at its sole discretion to charge fees to Service Providers for other services that 360°City may provide
360°City may also in certain categories require Service Providers to make payments for following up on job leads i.e. requests posted by Clients, and permitting the Service Provider to contact the Client whether the Service Provider is considered and offered the job. Therefore, Service Providers shall be required to subscribe by making advance payment (“Credit”) for “Lead Fee” deduction as applicable.
360°City may also offer other fee-based premium services to Service Providers.
b) Refund Policy
All commissions payable to 360°City by Service Providers on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable.
All monies paid by Service Professionals in form of “Credits” are non-interest bearing and shall be refunded to the Service Providers if they remain un-utilized for a period greater than 180 days only. Such amounts shall not be refunded prior to that.
c) All Services
You agree you are responsible for paying our invoices within the payment terms of the invoice.
Refunds are rarely given but may occasionally be offered at the discretion of 360°City.
You understand that we only accept payment by credit or debit card. By designating a card to be billed, you confirm that you are authorized to make such a purchase.
You agree to receive all invoices by email to the email address you have given to us, by text to the phone number registered with us, or 360°City app, or our Website. It is your responsibility to ensure that your provided email and phone number are current and correct at all times.
d) Failed & Disputed Payments
If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on our Contact Us page.
Should any payment method you use fail or is later reclaimed by the bank or card issuer you agree to pay any costs incurred by us.
12) Termination of Service
You agree that 360°City, in its sole discretion, has the right (but not the obligation) to deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the website, immediately and without notice, for any reason, including, without limitation, if 360°City believes that you have acted inconsistently with the letter or spirit of the terms.
Further, you agree that 360°City shall not be liable to you or any third-party for any termination or restriction of your access to the Website.
Further, you agree not to attempt to use the Website after said termination.
360°City reserves the right to change or update these terms and conditions from time to time. As a User of the website, you are responsible for acknowledging any updates of these terms and conditions by visiting this section. Any significant changes in the terms and conditions will be followed by notification emails to all active Users.
THE 360°CITY WEBSITE AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY CONTENT INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEBSITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEBSITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE.
16) LIMITATIONS OF LIABILITY
360°CITY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEBSITE OR ITS CONTENT. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE.
EACH REGISTERED USER HEREBY ACKNOWLEDGES AND AGREES THAT 360°CITY IS NOT A PARTY TO ANY ORAL OR WRITTEN AGREEMENT FOR SERVICE, NEGOTIATION WORKSHEET, OR ANY CONTRACT ENTERED INTO BETWEEN REGISTERED USERS IN CONNECTION WITH ANY SERVICE OFFERED, DIRECTLY OR INDIRECTLY, THROUGH THE WEBSITE. EACH REGISTERED USER ACKNOWLEDGES, AGREES AND UNDERSTANDS THAT 360°CITY ONLY SEEKS TO PROVIDE A PLATFORM WHEREIN CUSTOMERS AND SERVICE PROVIDERS CAN BE BROUGHT TOGETHER AND 360°CITY ITSELF HAS NO ROLE IN THE EXECUTION OR PROVISION OF SERVICES.
YOU AGREE THAT ANY CAUSE OF ACTION RESULTING FROM, OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN SIX (6) MONTHS OF THE OCCURRENCE, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY DISQUALIFIED FOR CONSIDERATION.
YOU ACKNOWLEDGE THAT 360°CITY MAY ESTABLISH LIMITS CONCERNING USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE MAXIMUM NUMBER OF DAYS THAT CONTENT WILL BE RETAINED ON THE WEBSITE, THE MAXIMUM NUMBER AND SIZE OF POSTINGS, EMAIL MESSAGES, OR OTHER CONTENT THAT MAY BE TRANSMITTED OR STORED ON THE WEBSITE, AND THE FREQUENCY WITH WHICH YOU MAY ACCESS THE WEBSITE.
YOU AGREE THAT 360°CITY HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT MAINTAINED OR TRANSMITTED BY THE WEBSITE. YOU ALSO ACKNOWLEDGE THAT 360°CITY RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE, AND THAT 360°CITY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SERVICES.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THE PROVISION (OR NON-PROVISION) OF ANY PART OF THE SERVICE, INCLUDING LOSS OF PROFIT OR CONSEQUENTIAL LOSS OR DAMAGE.
360°CITY HAS THE RIGHT TO DELETE ANY PROFILE OR CONTENT AT ITS SOLE DISCRETION ANY TIME
16) Indemnification and Release
You agree to indemnify, defend and hold 360°City and its employees and/or contractors and any third party information providers to this Website harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms and Conditions as here set forth.
Minors are not allowed to use 360°City and the provisions of paragraphs "Disclaimer" and "Limitations of Liability", are for the benefit of 360°City and its employees and/or contractors and any third party information providers to this Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
360°City also has the absolute discretion to blacklist and withhold any outstanding credits or payments due to any Service Provider we deem to have been fraudulent or unprofessional with the use of the Website or our Services.
360°City reserves the right to seek all remedies available at law and in equity for violations of the Terms of Service, including but not limited to the right to block access from a particular internet address to this Website and any other provider websites and their features.
© 2017 “360-Degrees City Handyman” All Rights Reserved