This Bvndle Terms & Conditions (this “Terms” or “Agreement”) contains the terms and conditions that govern your access of the service offerings (as defined below) and is a legal agreement between BVNDLE Loyalty Limited (“BVNDLE”, “we”, “us” or “our”) and you or the entity you represent (“you”, “your” or “User”) that sets out the legally binding terms for your use of our Platform. These Terms shall take effect when you sign-up to use the Platform.

These Terms and Conditions are in addition to any other agreements between you and BVNDLE, including listing agreements, privacy policy, end user license agreement, acceptable use policy and any other terms relating to your use of the Platform.

Your use of our Platform is confirmation of your acceptance of these terms. If you do not agree with any provisions of contained herein, please do not access, or use the Platform.

You represent and warrant that you have the right, authority, and capacity to be bound by these Terms. If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. You may not access or use the Site or Platform if you are not at least 18 years old or of full legal capacity within your region. By using the Platform, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding Agreement, then you may use the platform only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and to be liable and responsible for you and all your obligations under these Terms.

“Account” means the Account on the Platform created by the User, which is limited for use by the User.

“Applicable Laws” means any statute, law, regulation, ordinances, rules, judgment, notification, rule of common law, order, decree, byelaw, government approval, directive, guideline, requirement or other governmental instruction or any similar form of decision of, or determination by, or any interpretation, policy or administration having the force of law of any of the foregoing, by any authority having jurisdiction over the matter in question, whether in effect as of the date of this document or thereafter;

"BVNDLE Content" means any and all Content that we provide through our Platform, including contents licensed from a third party, but excluding User Content.

“Content" means any and all images, text, information, data, audio, video, graphics, and other material provided on or through our Platform, including when we send you an email. Content includes both BVNDLE Content and User Content.

“Encumbrance” means any lien, charge, hypothec, pledge, mortgage, title retention agreement, security interest of any nature, adverse claim, exception, reservation, easement, right of occupation, any matter capable of registration against title, option, right of pre-emption, privilege, or any Contract to create any of the foregoing.

"Including" means "including but not limited to" unless we specifically indicate otherwise.

“Offer/Bvndle/Package” means to a particular set of product/services offered by a Bvndle Partner.

“Partner” means refers to the companies/brands/products that offer their products for users to earn Loyalty Coins when they buy their products/services or Redeem the Coins when they purchase their products/services.

“Platform” means the BVNDLE web application downloadable from the IOS app store or the Android Play store and any other means through which BVNDLE’s services may be accessed.

“Purchasing User/Purchaser” means any User who unlocks an offer/bundle from any Partner.

“BvndleCoin(s)” means the loyalty points that users earn when they purchase products/services from any Partner.

“User” means every natural person or legal entity that operates an account or uses the Platform.

What is BVNDLE?

Bvndle is a data-driven loyalty engagement platform that rewards you for transacting with partner brands. When you conduct transactions through Bvndle, you earn Loyalty Points called Bvndle Points that can be used to unlock exclusive rewards & and special offers.

BVNDLE’s offerings

BVNDLE’S platform provides the following:

• Data-Driven Loyalty Engagement: Utilizing data-driven insights to enhance and personalize the loyalty engagement experience.
• Rewarding Transactions: Rewarding users for their transactions with partner brands.
• Loyalty Points Earning: Enabling users to earn Loyalty Points called Bvndle Points through transactions carried out via Bvndle.
• Bvndles (Exclusive Perks & Special Offers): Providing users the ability to use earned Loyalty Points to unlock exclusive perks and access special offers.

For accountability you must:

• Use the same name contained in your government issued ID
• Provide accurate information about yourself.
• Create only one account for personal purposes or in line with BVNDLE’s activities.
• Not share your password, give access to your BVNDLE account to others, or transfer your account to anyone else.

While using BVNDLE, you shall:

• Use the platform in a legal manner.
• Pay for the purchases (deductible from your wallet).
• Not violate any laws, regulations, third party rights or our policies.
• Not post content or items in an inappropriate category or areas on our platforms
• Not copy or modify BVNDLE’s intellectual properties.
• Not circumvent or manipulate our fee structure, the commission process, or fees owed to BVNDLE.
• Not harvest or otherwise collect information about Users, including email addresses, without their consent.
• Not use the Platform if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Platform.
• Not manipulate the price of any item or interfere with listings.
• Not post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
• Not transfer your BVNDLE account to another party without our consent.
• Not distribute or post spam, chain letters, or pyramid schemes.
• Not submit, post, publish or otherwise provide any User Content on or through our Platform, or take any other action in connection with our Platform (whether online or offline), that: (i) infringes, misappropriates or violates the rights or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right: (ii) violates (or encourages any conduct that would violate) any applicable local, state, national, or international law or regulation, including any tax law, consumer protection law, or law governing the export or import of data, goods, services or software; (iii) is deceptive, misleading, fraudulent, defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit, or obscene; or (iv) impersonates or misrepresents your relationship with any person or entity;
• Not create a false or misleading BVNDLE account or User profile with inaccurate information.
• Not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
• Not interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform.
• Not copy, reproduce, modify, create derivative works, distribute, or publicly display any BVNDLE’s content from the Platform.

Without limiting other rights or remedies, we reserve the right to limit, delete contents, terminate or suspend any User's account and/or access to or use of any part of or all of our Platform, at any time at our sole discretion, if we believe that such User is violating the rights of any third party, that a User's conduct may be exposing us or others to legal or financial liability, or that such User is acting inconsistently with the letter of these Terms, and other applicable agreements with us, and we shall have no liability to such User for doing so. In any case, we reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by applicable law.

We do not endorse, control and are not responsible for the conduct (whether online or offline) of any User on the Platform and we make no representations or warranties as to the character, reputation of any User. We make no representations or warranties that any User will complete any transaction or otherwise perform as promised.

We do not endorse or make any representations or warranties of any kind, express or implied, with respect to: (i) any listings on our Platform or related User Content, whether as to accuracy, completeness, truthfulness, reliability or otherwise; or (ii) any property listed, marketed, offered or sold by any User and/or third party, whether as to quality, size, condition, description, provenance, attribution, authenticity, legality, merchantability, fitness for a particular purpose, or otherwise.

BVNDLE uses commercially reasonable security measures to ensure that only authorized Users can engage on the platform.

Users are required to provide an e-mail address, phone number, name and choose a strong password in order to create an Account and be able to use the Platform. The e-mail address and chosen password, together shall be used to gain access into a User’s account. BVNDLE is entitled to demand additional requirements for opening an Account. In creating your Account, the User warrants to provide correct and complete information and is responsible for the accuracy of any and all information in its Account. BVNDLE is not liable for any inaccurate data.

Completion of your profile includes your personal details (name, phone number and email address), verification information with basic and advanced verification (which requires components of your personal details, proof of address, etc. (KYC requirements and security details such as account password, transaction pin and optional biometric login.

BVNDLE is at liberty and may in its sole discretion accept or refuse requests to sign up and create a profile on the Platform.

If you choose, or you are provided with, an identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any User identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

Where a User is a corporate person, the natural person that opens the Account on behalf of such legal entity warrants that it has the legal capacity and power to act on behalf of and to represent the specific legal entity, proceed with the registration of the User to the Platform and the creation of the Account, accept all terms and conditions of the Platform, operate the account, and make purchases and trades of Assets.

In certain circumstances, you may be required to provide additional information and/or to meet additional eligibility requirements before you are allowed to list, lease, buy, offer, or sell artworks on or through our Services.

At its own discretion, BVNDLE may suspend or terminate the Account of any User, in the event of a breach of any applicable terms of the Platform, breach of our acceptable use policy, fraud, intellectual property infringement, or if the Account, in the opinion of BVNDLE, is likely to be harmful to its reputation or that of any other User or third party. This includes any (attempt to) manipulate streaming numbers including but not limited to plays of musical recordings by bots, hijacked accounts, or through other inauthentic listening methods. User is not entitled to any compensation in connection with the suspension, blocking or deletion of the Account by BVNDLE and User hereby waives any right to any compensation of damages.

A User is entitled to one (1) Account. If, for whatsoever reason, the Account is blocked or deleted, the User is no longer entitled to use the Platform in any way (whether through that Account, another Account, or without an Account).

You shall be allowed to create a wallet on the Platform having completed the requisite verification as may be directed on the Platform.

In order to unlock a Bvndle or offer, from any Bvndle partner or buy items from a Partner, you shall be required to fund your wallet on the Platform.

You shall indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party, or your use of the Platform.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required by us in conducting such defense. In any case, you agree not to settle any such matter without our prior written consent. Your indemnification and defense obligations provided in these Terms will survive these Terms and your use of our Platform.

Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to BVNDLE during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Your use of our Platform is subject to these Terms and any applicable terms that we may post or notify you about.

Our Platform may include links and features that enable you to access other websites or services, and other websites or services may include links to our Platform.

Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods, or services on or available from any such websites or services.

You are solely responsible for, and assume risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods, or services on or available from any such websites or services.

You acknowledge and agree that BVNDLE and its parties are not responsible and will not be liable for: (i) the accuracy or availability of any such websites or services; or (ii) any information, materials, goods, or services on or available from any such websites or services.

You are solely responsible for reviewing any terms of use and/or privacy policies of any other websites or services to which we may link, and we assume no liability for the information contained therein.

User is fully responsible and liable for use of the Platform.

You shall not hold BVNDLE responsible for other Users’ Content, actions or inactions, or any items they list. Under no circumstances shall BVNDLE be liable to you or any third party for any indirect, incidental, exemplary, punitive, special or consequential damages, any personal or bodily injury or emotional distress, or any loss of profits, revenue, business, data, use, goodwill or other intangible losses, arising out of or in connection with these terms, our services, the use or inability to use our services, any conduct, performance or non-performance (whether online or offline) or any other User or other third party.

BVNDLE does not guarantee continuous or secure access to our Platform. BVNDLE will use reasonable efforts to always make the Platform available BUT does not accept any responsibility whatsoever for unavailability of the Platform, or any difficulty or inability to download or access the Platform, or any other communication system failure which may result in the Platform being unavailable.

BVNDLE is not responsible for any support or maintenance regarding the Platform and may at its own discretion update, modify, or adapt the Platform and its functionalities from time to time to enhance the user experience. This may result in any downtime for which BVNDLE is not responsible.

BVNDLE has no control over the (mis)conduct of, or any (mis)information provided by a Lister or other Users and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that the Bvndle Points received will allow you purchase the full value of any available Bvndle(s). User must make the final determination as to the value and appropriateness of acquiring a Bvndle.

To the extent legally permitted, we exclude all implied warranties, terms, and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Platform.

Nothing in these terms shall exclude or limit BVNDLE’s liability when it cannot be excluded or limited under applicable law, such as in the case of intent or gross fault by BVNDLE. If BVNDLE (nevertheless) is liable towards User, this will be limited to 10% of the payments made to/due to BVNDLE by User during the 6 months in which the liability causing event took place.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

The exclusions and limitations of liability provided herein, shall apply to all claims, whether based on warranty, contract, status, tort (including negligence), strict liability, or any other legal claim, whether or not any of the BVNDLE parties have been advised or should have known of the possibility of such damage or loss, and even if a remedy set forth in these terms is found to have failed of its essential purpose.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR PLATFORM IS AT YOUR OWN RISK, AND THAT OUR SERVICES ARE PROVIDED TO YOU ON “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR PRODUCTS, OFFERINGS AND SERVICES OR ANY CONTENT, INCLUDING ANY WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH BVNDLE AND OUR OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTS, AND EMPLOYEES (COLLECTIVELY “BVNDLE PARTIES”) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW. THE BVNDLE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT OUR SERVICES OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, COMPLETE, FREE OF ERRORS, SAFE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE USE OF OUR PLATFORM IN ANYWAY WILL GIVE RISE TO ANY SPECIFIC RESULTS.

No advice or information (whether oral or written) obtained from BVNDLE or through our Platform or any BVNDLE Content will create any warranty by us not expressly stated in these Terms or in a separate written agreement between you and us.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE BVNDLE PARTIES FROM ALL CLAIMS, DEMANDS, SUITS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, LIABILITIES, AND EXPENSES (INCLUDING LEGAL FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN CONNECT WITH: (I) ANY DISPUTES BETWEEN YOU AND ONE OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR PLATFORM, (II) ANY USER CONTENT OR CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY USER OR OTHER THIRD PARTY IN ANY WAY CONNECTED WITH OUR PLATFORM, INCLUDING ANY DEFAMATORY, MISLEADING, OFFENSIVE OR UNLAWFUL CONDUCT OR USER CONTENT, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR PLATFORM, YOUR ACCOUNT OR YOUR USER CONTENT AND/OR INFORMATION; (III) ANY ARTWORKS, MUSIC PROJECT OR OTHER PROPERTY EXHIBITED, LISTED, MARKETED, OFFERED FOR SALE, OR SOLD (WHETHER ONLINE OR OFFLINE) BY ANY OTHER USER OR OTHER THIRD PARTY, THROUGH OR IN ANY WAY CONNECTED WITH OUR SERVICES, OR (IV) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS (WHETHER IN PERSON, ONLINE OR OTHERWISE) BETWEEN YOU AND ONE OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES. YOU EXPRESSLY WAIVE ANY BENEFITS OR PROTECTIONS, WHETHER STATUTORY OR OTHERWISE, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOUR AT THE TIME OF ENTERING INTO THIS RELEASE.

Our Services are updated frequently, we therefore encourage you to check our Platform from time to time to ensure you are fully abreast of changes and updates on any of the services we provide. and their form and functionality may change without notice.

We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Platform, including any loss of business or the ability to use any product or service.

The governing law shall be the law of the Federal Republic of Nigeria without regards to principles of conflict of laws.

Where any dispute, controversy or claim arises from the use of the Platform, the parties to such dispute shall use their best efforts to amicably settle the dispute, controversy, or claim.

If the Parties are unable to reach a settlement or the other Party makes no attempt to settle it within a period of fourteen (14) Business Days of commencement of negotiations between the Parties, either Party shall refer the dispute to a court of competent jurisdiction in Nigeria for final resolution.

You agree that any dispute resolution proceedings or claim shall be conducted only on an individual basis and not in a className, consolidated or representative action.

You further agree that BVNDLE shall not be joined as a party to a dispute with another User, parties may however, opt to submit a dispute between them for BVNDLE’s determination.

We reserve the right to change these Terms, including the right to change, modify, add, or remove any part of these Terms, without prior notice, at any time at our sole discretion.

Except as stated elsewhere, all amended terms shall automatically be effective on the date they are posted.

By continuing to use our Platform after any changes to these Terms become effective, you agree to such changes and the updated Terms.

You agree that we may notify you of any changes to these Terms by posting the updated Terms on our Platform, and you agree to review these Terms regularly and inform yourself of all applicable changes.

Changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.

We shall not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms, including any loss of business or the ability to use any product, service, or Content.

This Agreement, our data privacy policy and other applicable agreements with us and any other terms and conditions incorporated into these Terms by reference, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permitted, and these Terms will otherwise remain in full force and effect.

No delay or failure by us to exercise or enforce any right or provision of these Terms will be considered a waiver. No right or remedy under these Terms will be considered waived by us unless the waiver is in writing and signed by a BVNDLE representative who intends and is duly authorized to agree to the waiver on our behalf. No single or partial exercise by us of any right or remedy under these Terms will prevent us from exercising any other right or remedy.

Note that ownership of your account cannot be transferred to a third party.

There are no third-party beneficiaries to these Terms except as expressly provided in these Terms.

You and BVNDLE are independent contractors under these Terms. No agency, partnership, joint venture, employment, sales representative, or franchise relationship is created or implied by these Terms or your use of our Platform.

Nothing in these Terms shall prevent us from complying with any applicable law or regulation.

There are no third-party beneficiaries to these Terms except as expressly provided in these Terms.

Nothing in these Terms shall prevent us from complying with any applicable law or regulation.

Termination of these terms shall be by you deleting your profile and discontinuing use of our Services or by BVNDLE deleting your profile and discontinuing use of our Platform.

You may stop using our Platform at any time, subject to any other agreements between you and us.

Regardless of any other statement in these Terms, we reserve the right to terminate these Terms, to terminate your account (if you have an account), and/or to limit, terminate or suspend your access to or use of any or all of our services, at any time at our sole discretion, without notice or liability, for any reason or no reason, including if you violate the letter or spirit of these Terms, Service Terms, and other applicable agreements with us.

You agree that BVNDLE shall not be liable for any access, use, modification, suspension or discontinuance of the Services, or any portion thereof.

These terms as it relates to: (Content Ownership and Terms), (Liability) (Indemnity), (Disclaimer of Warranties and General Release), (Governing Law, and Dispute Resolution), (Changes to These Terms) (Copyright Infringement) survives any termination of these terms.