English
MEMBERSHIP AGREEMENT
1. ACCEPTANCE OF TERMS OF SERVICE
1.1 Welcome to Pavi.ng free service platform otherwise herein referred to as (the "SERVICE",” SITE” OR “PORTAL”). The following sets forth the terms and conditions of the Pavi.ng Membership Agreement (this "Agreement") between you herein refers to as (“Member” or “Merchant”) and the Pavi contracting company determined in accordance with this clause 1.1 ("Pavi.ng ") under which Pavi.ng offers you access to and use of the service through its websites, mobile sites, mobile applications and other portals owned, operated, branded or made available by Pavi.ng to you from time to time relating to iGates Platforms Ltd. and all itsother e-commerce platforms including but not limited to the web and mobile-optimized versions of the websites identified by the uniform resource locator www.jemima.comand its sub-domains, and the mobile applications of all our (iGatesPlatforms Ltd)
e-commerce platforms.
Please note that use of the Service indicates that you have accepted the terms and conditions set forth below. If you do not accept any of the terms and conditions, please do not use the Service. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT.
The Pavi.ng Membership Agreement will not take effect unless and until you have activated your Account. Terms not defined in this Agreement shall bear the same meaning as that contained in the Terms of Use.
1.2 Pavi. ng may amend this agreement at any time by posting the amended and restated agreement on the Portal. The amended and restated agreement shall be effective immediately upon posting. Posting of the amended and restated agreement by Pavi.ng and your continued use of the service shall be deemed to be acceptance of the amended terms. It is the member’s responsibility to review the terms of use regularly for updates, and that Pavi.ng is not required to provide affirmative notice of changes to this agreement by any means other than posting the updates to the portal.
2. THE SERVICE
2.1 The Free Service will be offered free-of-charge to buyers for an unlimited period of time unless terminated in accordance with the terms of this Agreement.
2.2 ThePlatform will have the following principal features (which may be added to or modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of Pavi.ng and notified to you)
Membership Benefits
(a)Membership ID
Membership ID will be issued to every member on the Portal for easy identification after registration. This will serve as public access code to your Store Front. EgwwwPavi.ng/QueenDooshima. Your email and password shall serve as your login details.
(b) Personal Space Allotted
We allow both Free and Verified Members to showcase and edit descriptions, specifications images, and products in his/her storefront.
(c)Company Profile
Pavi.ng allows each Member irrespective of category to display and edit basic information about its business, such as year and place of establishment, estimated annual sales, number of employees, and products and services offered, etc.
(d) Membership Identification Link
Every member has a link to his store Front in the Portal e.g www.Pavi.ng/QueenDooshima
(e)Unlimited Buyer Trade Lead Posting
You are allowed to post on the Sites for public display offers to buy products and services from other users of the Portal.
(f) Product & Services Boosting
Each member has the capacity to boost his products and services and also to determine the range of geographical and demographical target audience.
(g) Instant Notification
Every merchant enjoys Instant Notification by email when visited by buyers. The notification will also provide automated and designated information about the buyers that visit your storefront.
(h) Instant Chat Panel
A discussion board with audio call capability will be enabled to enhance your direct communication with your prospect without going out of the portal.
(i) Payment Gateway
Multiple secured and designated Payment Gateways are provided on the portal for easy completion of your transactions right there on the portal.
2.3 Pavi.ng may suspend or terminate all or part of the above membership benefits at any time at its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination. Therefore, pavi.ng is at liberty to charge for the service or any feature or functionality of the service at any time at its sole discretion.
2.4 The availability of any transactional features and functions on the Sites to any Member may be conditional on verification of Member’s identity and/or its designated bank account by Pavi.ng and/or its approved independent third parties.
2.5 Membershallaccess their Store Front and other available services on the Portal with their personal email address/phone number and password.
(i) Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all use of and activities that occur under the Member ID and Password (whether such use or activities are authorized or not).
(ii) No Member shall share, assign, or permit the use of its Account, Member ID, or Password to another person, even to other individuals within the Member's own business entity (where applicable).
(iii) The Store Front is considered personal and confidential and should be treated as such and thus take sole responsibility for whatsoever that happens therein.
(iv) Each Member acknowledges that sharing of its Account with other persons or allowing multiple users outside of its business entity to use its Account (collectively, "multiple use"), may cause irreparable harm to Pavi.ng
(iv) Members shall indemnify Pavi. ng against any loss or damages (including but not limited to loss of profits) suffered by Pavi.ng as a result of such multiple use of an account.
(v) Each Member is hereby required to notify Pavi.ng immediately there is an unauthorized use of its Account, Member ID or Password or any other breach of security.
(vi) Each member hereby agrees that Pavi.ng shall not be liable for any loss or damages arising from the member's failure to comply with this paragraph.
2.6 Pavi.ng is at liberty to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice, except in respect of any iGates Platforms Ltd. relevant jurisdiction users.
2.7 Pavi.ng further reserves the right but shall not be obliged to introduce new features, functionalities, applications, or conditions to the Portal or to future versions of the Service, except in respect of any iGates Platforms Ltd. relevant jurisdiction Users. All new features, functionalities, applications, conditions, modifications, upgrades, and alterations shall be governed by this Agreement unless otherwise stated by Pavi.ng.
2.8 Each Member agrees that the inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each participant hereby agrees that in no event shall Pavi.ng be liable to the member or any third parties for any inability to use the Portal (whether due to disruption, changes to or termination of the service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any losses or damages (direct, indirect, consequential or otherwise) arising from the use of or inability to use the service.
3. MEMBER RESPONSIBILITIES
3.1 Each Member hereby agrees to:
(a) provide true, accurate, current, complete, and timely information about itself and its business references as may be required by Pavi.ng and
(b) must maintain and promptly amend all information to keep it true, accurate, current, complete, and timely. Verified Member must provide accurate registration information and other information required by Pavi.ng and be updated in a situation where there is any change. To the extent permitted under applicable laws, each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Pavi.ng to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights such Member has in such material or information, in any media now known or not currently known. Information that is protected under privacy and data protection laws will only be used and kept in compliance with those laws.
3.2 Each Member hereby agrees that the use by such Member of this Portal and the Sites shall not:
(a) contain fraudulent or misleading information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
(b) be part of a scheme to defraud the public, other Members or other users of the Sites or for any other unlawful purpose;
(c) infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;
(d) impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
(e) violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(f) contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
(g) contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
(h) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(i) contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
(j) involve attempts to copy, reproduce, exploit or expropriate Pavi.ng's various proprietary directories, databases and listings;
(k) involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
(l) involve any scheme to undermine the integrity of the computer systems or networks used by Pavi.ng and/or any user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or networks;
(m) link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this Agreement or the Terms of Use;
(n) list or sell any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any applicable governmental agency, or such product is subject to an interim and permanent ban imposed by any applicable governmental agency; or where such product is subject to a public notice of defect or failure to comply has been issued by an applicable governmental agency; or otherwise create any liability for Pavi.ng or its affiliates.
3.3 Each Member represents, warrants and agrees that with regards to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from such referee to;
(a) act as such Member's business referee;
(b) to post and publish their contact details and information, reference letters and comments on their behalf; and
(c) that third parties may contact such business referees to support claims or statements made about the Member. Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member's consent to be obtained before third parties may contact the business referees.
Each Member must keep the personal information collected as strictly confidential and may not disclose it to any third party including affiliates without the authorization or consent of those subjected to collection, except when doing so is required for cooperation in regulatory or law enforcement activities in accordance with the law.
3.4 Member shall not take any action which may undermine the integrity of Pavi.ng 's feedback system, such as including content prohibited by applicable laws and regulations, leaving positive feedback for itself using secondary Member IDs or through third parties or by leaving false, fabricated or unsubstantiated negative feedback for another Member.
Member shall also disclose its relationship with the user for which such Member is posting a review. Member acknowledges that Pavi.ng has the right to take measures regarding such feedback in accordance with applicable laws.
3.5 Each Member agrees that Pavi.ng reserves the right to, but shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service..
Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
3.6 Each Member agrees that it has obtained all necessary third-party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Portal or provides to Pavi.ng or authorizes Pavi.ng to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
Each Member further agrees that it has the right and authority to sell, distribute, or offer to sell or distribute the products described in the material or information it posts on the Sites or provides to Pavi.ng or authorizes Pavi.ng to display.
3.8 If any Member breaches the covenants of this section of terms and agreementor if Pavi.ng has reasonable grounds to believe that such Member is in breach of such agreements, or if upon complaint or claim from any other Member or third party, Pavi.ng has reasonable grounds to believe that such Member has willfully or materially failed to perform its contract with such third party including without limitation where a Member who supplies products or services using the Sites and Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where such Member has delivered the items that materially fail to meet the terms and descriptions outlined in its contract with such third party, or if Pavi.ng has reasonable grounds to believe that such Member has used a stolen credit card or other false or misleading information in any online transaction, Pavi.ng has the right to suspend or terminate the Service and all Member Benefits with respect to such Member without compensation and without liability for any losses or damages arising out of or in connection with such suspension or termination, and restrict or refuse any and all current or future use of the Service or any other services that may be provided by Pavi.ng.
Further, Pavi.ng reserves the right in its sole discretion to place restrictions on the number of product listings that a Member can post on the Portal for such duration as Pavi.ng may consider appropriate, and to remove any material it reasonably believes that is unlawful, could subject Pavi.ng to liability, violates this Agreement or the Terms of Use or is otherwise found inappropriate in Pavi.ng's opinion. Pavi.ng reserves the right to cooperate fully with governmental and regulatory authorities, law enforcement bodies, private investigators, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
Member further agrees that to the extent as required by applicable laws and competent authorities, including without limitation a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action, Pavi.ng may provide certain information to competent authorities.
However, Pavi.ng shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against Pavi.ng for such disclosure. In connection with any of the foregoing, Pavi.ng may;
(i) suspend or terminate the Account of any Member as Pavi.ng deems appropriate in its sole discretion; and
(ii) announce decisions to take actions against Member on the Sites, together with relevant information including without limitation the Member’s name, the illegal action or the breach of the relevant rules on the Portal or other public platforms.
3.9 Each member agrees to indemnify Pavi.ng, its employees, agents, and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) that may arise from its submissions, posting of materials or deletion thereof, from such member's use of the service or from such member's breach of this agreement or the terms of use.
Each Member further agrees that Pavi.ng is not responsible, and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member.
Pavi.ng reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Pavi.ng in asserting any available defenses.
4. TRANSACTIONS BETWEEN BUYERS AND SELLERS
4.1 Through the Portal, Pavi.ng provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of products and services online between buyers and sellers.
Pavi.ng therefore, reserves the right to limit certain features and functions of the platform to Verified Members. Despite the provision of the platform through the Portal, Pavi.ng does not represent the seller or the buyer in specific transactions whether or not such transactions are made on or via the Sites.
Pavi.ng does not control and is not liable to or responsible for the quality, safety, legality or availability of the products or services offered for sale on the Portal or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
4.2 Members must be aware that there may be risks in dealing with people acting under false pretences. Pavi.ng uses several Artificial Intelligence techniques to verify the accuracy of the information the members provides to us at the point of registrationon the Sites and can only use reasonable efforts to verify the personal identity of the representative of a seller in Nigeria opening a storefront on www.Pavi.ng according to the applicable laws in Nigeria. We encourage you to use the various tools available on the Sites, as well as common sense, to evaluate with whom you are dealing.
4.5 Each member agrees to provide all information and materials as may be reasonably required by Pavi.ng in connection with its transactions made via the payment gateways on the sites. Pavi.ng has the right to suspend or terminate any member’s account if the member fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.
4.6 in the event that any member has a dispute with any party to a transaction, such member agrees to release and indemnify Pavi.ng (and aliexpress.com’s agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
4.7 Each Member agrees that Pavi.ng has the right to keep the identity information of it after its exit from the platform and to keep the product or service information, payment records, logistics and express delivery, return and replacement of goods and after-sales services.
5. USE OF DISCUSSION BOARDS ON THEPORTAL
5.1 Pavi.ng provides discussion boards to members on the Portal free of charge to promote and encourage open, honest and respectful communication between all of Pavi.ng Members. The discussion boards on the Portal shall not be used as a marketing platform by Members and Members shall not post any information relating to trade leads, promotion of their products or their company profile.
Pavi.ng is a provider of “interactive communication platform” and, as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described in the Nigerian Communications Decency Act 2003. Pavi.ng is not responsible for content or any other information posted to this Sites by Members or any third party. Pavi.ng neither warrants the accuracy of such postings nor exercises any editorial control over such posts, nor does it assume any legal obligation for editorial control of content posted by third parties nor liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
Pavi.ng is committed to protecting intellectual property rights in order to maintain a healthy and safe e-commerce environment and preserving the trust that consumers and merchants place in Pavi.ng. Intellectual property rights holders, including their authorized representatives, can file complaints in the form of take-down requests on the Pavi.ng Intellectual Property Protection platform. (https://Pavi.ng/instruction/en.htm) on listed products or product descriptions that allegedly infringe their intellectual property rights.
5.2 Each Member agrees that all data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted through a discussion board on the portal, are the sole responsibility of such Member from whom the content originated. This means that the Member that did the posting, and not Pavi.ng, is entirely responsible for all content that is uploaded or posted via our discussion boards on the portal. Pavi.ng does not control the content posted via discussion boards and therefore does not guarantee the accuracy, integrity or quality of such Content.
5.3 To the extent permitted by applicable laws, Pavi.ng reserves the right to, but shall have no obligation to, delete or edit any postings in its sole discretion without prior notice. Pavi.ng may but shall not be obliged to monitor posting activities of any Member who is in breach of this Agreement and may restrict their ability to post messages on the discussion boards on the Portal. Under no circumstances will Pavi.ng be liable in any way for any content, including (without limitation) any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of the discussion boards by such Member. Each Member agrees to evaluate and bear all risks associated with the use of any Content including any reliance on its accuracy or completeness. Each Member understands that by using the Pavi.ng discussion boards on the Portal, such Member may be exposed to content that is offensive, indecent or objectionable.
5.4 Without prejudice to each Member's responsibilities under clause 3 of this Agreement, each Member agrees not to use the discussion boards on the Sites to:
(a) upload, post or e-mail any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any Content;
(d) "stalk" or otherwise harass another;
(e)to use the personal data about other users for purposes unrelated to the discussion board or to disclose personal data on the discussion board about third parties without their authorization
(f) upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
(g) upload, post or e-mail any content that infringes any intellectual property rights or other legitimate rights of any party;
(h) upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", or any other form of solicitation;
(i) upload, post or e-mail any Content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
(j) upload, post or e-mail any Content that contains a complaint regarding Pavi.ng's services or refers to such a complaint on the Portal or to any other Members; any such complaint must be directed to the customer service e-mail on the Sites; or
(k) violate any applicable national or internal laws or regulations.
5.5 Each Member acknowledges that Pavi.ng does not pre-screen Content but that Pavi.ng shall have the right in its sole discretion to move, modify or remove any Content that is posted or uploaded on the discussion boards on the Portal.
5.6 To the extent permitted under applicable laws, each member grants to Pavi.ng a perpetual, world-wide, royalty-free irrevocable, non-exclusive license (including the right to sub-license through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content (in whole or part) such member uploaded, posted or supplied to Pavi.ng for posting on the sites and/or to incorporate such content in other works in any form, media or technology now known or developed.
5.7 Each member shall indemnify and hold Pavi.ng and its subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content such member uploaded, posted or e-mailed on or through the discussion boards on the sites, such member's use of the discussion boards on the sites, or such member's breach of the provisions set out in clause 5.4.
5.8 On being made aware of any such breaches, to the extent permitted by applicable laws, Pavi.ng may ban, delete or prohibit any Content that relates to those breaches or that Pavi.ng in its sole discretion consider to be harmful to the public or the rights of Pavi.ngor any of its affiliates, licensors, partners or Members.
5.9 Pavi.ng reserves the right to take whatever action it deems necessary to prevent a Member's breach of clause 5.4 including the following:
(a) issue a warning letter to the relevant Member (where the breaches are deemed by Pavi.ng to be minor or trivial); or
(b) ban the relevant Member from discussion boards on the Sites (where the breaches are deemed by to be major).
(c) All incidents will be logged and Pavi.ng's decision shall be final in all such cases.
5.10 All information and/or other Content posted on the Sites by the Pavi.ng team or by Members or third party partners is supplied for information purposes only and shall not under any circumstances be construed as legal and/or business advice or a legal opinion. Members are advised to seek independent professional advice in such situations.
6. LIMITATION OF LIABILITY
6.1 To the maximum extent permitted by law, the service is provided on an "as is" and "as available" basis, and Pavi.ng hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose or non-infringement. All such warranties, representations, conditions, undertakings and terms are hereby excluded. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
6.2 To the maximum extent permitted by law, Pavi.ng makes no representations or warranties about the validity, accuracy, reliability, quality, stability, completeness or currentness of any information provided on or through the sites.
6.3 Any material downloaded or otherwise obtained through the access to or use of the Portal is done at each Member's sole discretion and risk and each Member is solely responsible for any damage to its computer system or any loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Member from Pavi.ng or through or from the Service shall create any warranty not expressly stated in this Agreement.
6.4 The Portal may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Pavi.ng or its affiliates be held liable for any such services or products.
6.5 Under no circumstances shall Pavi.ng be held liable for any delay or failure or disruption of the Service delivered through the Portal or the creation or fulfilment of contracts resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.
6.6 To the extent permitted by law, Pavi.ng shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
(a) the use or the inability to use the Service;
(b) any recalled products or defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through the Portal;
(c) unauthorized access by third parties to data or private information of any Member;
(d) statements or conduct of any user of the Portal; or
(e) any other matter relating to the Portal that may arise, including negligence.
6.8 PRIVACY POLICY
Please review the following policies to know how we use and protect your personal information when you use Services of Pavi.ng.
a) the Pavi.ng Privacy Policy, or
b) Privacy Policy of “www.Pavi.ng” and “www.Jemima.com” , or
Pavi.ng and its sister eCommerce websites operateits privacy policy in consonant with Data Protection Act, 2023. The objective of the Act, amongst others, is to safeguard the fundamental rights and freedoms and the interests of data subjects as guaranteed under the 1999 Constitution of Nigeria.
Information on this Portal is protected under data protection laws and will only be used and kept in compliance with those laws.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Pavi.ng is the lawful licensee of all the rights to thisPortal. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with Pavi.ng, its affiliates or licensors, as the case may be. All rights not otherwise claimed under this Agreement or by Pavi.ng,are hereby reserved.
7.2 "JEMIMA.COM", "PAVI.NG" and related icons and logos are registered trademarks or trademarks or service marks of iGates Platform Ltdand its affiliates in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
8. GENERAL
8.1 This Agreement and the Terms of Use constitute the entire agreement between the Member and Pavi.ng with respect to and governs the use of the Portal, superseding any prior written or oral agreements in relation to the same subject matter herein.
8.2 Pavi.ng and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
8.3 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein.
Upon such determination that any term or other provision is invalid, illegal or unenforceable, the court or other tribunal making such determination is authorized and instructed to modify this Agreement so as to effect the original intent of the parties as closely as possible so that the transactions and agreements contemplated herein are consummated as originally contemplated to the fullest extent possible.
8.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
8.5 Pavi.ng 's failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement will not waive that right nor waive Pavi.ng 's right to act with respect with subsequent or similar breaches.
8.6 Pavi.ng shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of Pavi.ng). The Member may not assign, in whole or part, this Agreement to any person or entity.
8.7 This agreement shall be governed by the laws of Federal Republic Of Nigeria. In view of this, all the parties to this agreement hereby submit to the exclusive jurisdiction of the law of the country except as otherwise stipulated under applicable law.
