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TERMS AND CONDITIONS
1. Contractual Relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the “Services” constitutes your agreement to be bound by these Terms, which established a contractual relationship between you and Avant Halogen Limited. If you do not agree to these Terms, you may not access or use the “Services”. These Terms expressly supersede prior agreements or arrangements with you. Avant Halogen may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable “Services”. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable “Services”. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Avant Halogen Limited may amend the Terms related to the Services from time to time. Amendments will be effective upon Avant Halogen Limited’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The “Services”
The “Services” constitute a technology platform that enables users of Avant Halogen’s mobile applications or websites provided as part of the “Services” (each, an “Application”) to arrange and schedule driving services unless otherwise agreed by Avant Halogen in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT AVANT HALOGEN DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY CLIENTS/CUSTOMERS/EMPLOYERS.
Subject to your compliance with these Terms, Avant Halogen grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Avant Halogen Limited.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Avant Halogen; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under Avant Halogen’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “Avant Halogen.
The Services and all rights therein are and shall remain Avant Halogen’s property or the property of Avant Halogen’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Avant Halogen’s company names, logos, product and service names, trademarks or services marks or those of Avant Halogen’s licensors.
3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Avant Halogen certain personal information, such as your name, address, mobile phone number and age, BVN, Bank Account Number, Applicants’s License, Voter’s Card, International Passport Number, National Identification Number as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Avant Halogen’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Avant Halogen in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Avant Halogen at any time by following the directions found at SMS-unsubscribe. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Avant Halogen does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AVANT HALOGEN LIMITED DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, AVANT HALOGEN LIMITED MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY.
AVANT HALOGEN SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF AVANT HALOGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AVANT HALOGEN SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CLIENT/CUSTOMER/EMPLOYER EVEN IF AVANT HALOGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AVANT HALOGEN SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND AVANT HALOGEN’S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Avant Halogen Limited and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Avant Halogen Limited’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
GOVERNING LAW; ARBITRATION
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of The Federal Republic of Nigeria, excluding its rules on conflicts of laws. Any dispute relating to any of the transactions or matters covered by these terms shall be referred to a sole arbitrator jointly appointed by the parties to these terms and where they are unable to agree on the choice of an arbitrator, either of the parties may apply to the Chairman for the time being of the Chartered Institute of Arbitrators UK (Nigeria chapter) to appoint an arbitrator.The decision of the Arbitrator shall be binding.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Avant Halogen Limited’s designated agent. Please visit Avant Halogen’s web page at avanthalogen.com for the designated address and additional information.
Avant Halogen may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Avant Halogen by written communication to Avant Halogen's address at 1, Sasegbon Street, Ikeja GRA, Lagos, Nigeria.