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LEGAL

Terms & Conditions

Effective Date: November 4, 2024

Introduction :

These Terms & Conditions ("Terms") outline the rules for using our platform, including the website (found at https://trywitti.com/privacy-policy) and the Witti mobile application (together referred to as the "Service"). CreativePluck Limited ("Company," "we," "us") operates the Service.

Our separate Privacy Policy explains how we collect, protect, and share information from your use of the Service. Please take a moment to review it here: https://trywitti.com/privacy-policy.

By using the Service, you agree to be bound by both these Terms and our Privacy Policy (collectively, the "Agreements"). This means you acknowledge that you've read and understood them.

If you disagree with any part of the Agreements, you shouldn't use the Service. However, if you have any questions or concerns, feel free to contact us at hello@trywitti.com.

These Terms apply to everyone who visits, uses, or wants to access the Service.

Communications :

By creating an account, you agree to receive occasional emails from us about the Service, including newsletters, updates, and promotional offers. You can unsubscribe from these communications at any time by following the unsubscribe link in the email or by contacting us directly.

Purchases :

If you choose to make a purchase through the Service, you may be asked to provide information such as your credit card details and billing address. By providing this information, you confirm that you are authorized to use the payment method and that the information is accurate.

We may use third-party services to process payments. By submitting your information, you authorize us to share it with these third-party service providers, subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time, for reasons including product availability, pricing errors, or suspected fraud. Please note that processing fees are non-refundable, and purchases are final.

Contests, Sweepstakes, and Promotions :

Any contests, sweepstakes, or promotions offered through the Service may have specific rules that differ from these Terms. If you participate in any such promotions, please review the applicable rules and our Privacy Policy. In case of any conflict between the promotion rules and these Terms, the promotion rules will take precedence.

Referrals & Affiliate Program :

Please refer to our partners and affiliate agreement for further details.

Code of Conduct :

Users are expected to abide by the following Code of Conduct guiding our community:

  • Illegal Activity: We prohibit any form of use of Witti Platform for any illegal activity. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US, Nigeria, or your country).
  • In the instance of any illegal activity, such activity will be investigated and the law parties will be bound by may differ depending on the peculiarity of the case and at our sole discretion.
  • Fraud: We have zero tolerance for any form of fraudulent activity or transaction including but not limited to Money Laundering.
  • Bad Code: You shall not use the Witti Platform to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.
  • Spamming: You shall not use the Witti Platform to engage in any activities that will result in sending spam to anyone on the Witti Platform, including Witti (and its employees), Subscribers, and Purchasers.
  • Respect: We encourage users to be civil and respectful at all times.
  • Exploitation: You shall not use the Witti Platform to try to gather personal information on anyone, outside of the limited permissible uses for offering your Content.
  • Impersonation: You shall not impersonate anybody including CreativePluck Limited, any of its employees, users of Witti or members of the general public. Upon discovery of impersonation, we reserve the right to deactivate the infringing account immediately.
  • Data Mining or Bots: You shall not use any data mining, robots, or similar data gathering or extraction methods.
  • Use Other Than Intended: You shall not use the Platform or any content contained on the Platform for any purposes other than intended.

Upon violation of our Code of Conduct, we reserve the right to delete a user's account and Content from the Witti Platform. Whether conduct violates our Code of Conduct will be determined in Witti’s sole discretion.

Subscriptions :

Some parts of the Service require a subscription. If you choose a subscription plan, you'll be billed in advance on a recurring basis (monthly or annually, depending on your plan).

Your subscription will automatically renew unless you cancel it or we cancel it. You can cancel your subscription through your account settings or by contacting our support team.

To use a subscription, you'll need a valid payment method like a credit card or PayPal. Please provide accurate and complete billing information. By providing this information, you authorize us to charge your payment method for subscription fees.

If automatic billing fails, we'll send you an invoice with a deadline for manual payment.

Please note that canceling your subscription will result in the loss of access to all paid features and benefits.

KYC :

To access certain services, we may need to verify your identity. This may involve providing information such as your banking details, a valid ID, or proof of address. By providing this information, you consent to our sharing it with secure verification services and government agencies as required by law.

Fee Changes :

We reserve the right to change subscription fees at any time. Any changes will take effect at the end of your current billing cycle. We'll provide you with reasonable notice of any fee changes, giving you the opportunity to cancel your subscription before the changes take effect. Your continued use of Service after Subscription fee change comes into effect shall constitute an implied agreement to pay the modified Subscription fee amount.

Currency Conversion And Payouts :

We'll convert currencies for payouts to merchants and service providers, but we cannot guarantee a rate higher than the Central Bank of Nigeria's official rate. We'll strive to offer competitive rates at the time of payment, but slight variations may occur.

Please note that we may change payment gateways at our discretion.

Chargebacks :

In the occurrence of a chargeback, you shall be liable to an additional $15 (or the local currency equivalent) charge.

Refund Policy :

There shall be no refunds for subscriptions after payment has been made. Please note that we would inform you before your subscription expires. Please take action to cancel if you do not intend to renew your subscription.

Content :

Our Service allows users to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). Users are responsible for Content that they post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, User represents and warrants that: (i) Content is their Intellectual Property and/or they have the right or licence to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not infringe on the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity - tangible or intangible. We reserve the right to delete the account of anyone found to be infringing on any of the above rights.

You reserve any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

CreativePluck Limited has the right but not the obligation to monitor and edit all Content provided by users.

Prohibited Uses :

You may use Service only for lawful purposes and in accordance with Terms.
You agree not to use Service:

  • In any way that violates any applicable national or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
  • To transmit a message that is deemed “grossly offensive, pornographic or of an indecent, obscene or menacing character”.
  • Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
  • Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
  • Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of Service.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
  • Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Take any action that may damage or falsify Company rating.
  • Otherwise attempt to interfere with the proper working of Service.

Analytics :

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics :

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page.

We also encourage you to review Google's policy for safeguarding your data: Google Analytics Privacy Policy.

Cloudflare Analytics :

Cloudflare analytics is a web analytics service operated by Cloudflare Inc. Read the Privacy Policy here: Cloudflare Privacy Policy.

Use By Minors :

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both access and usage of Service.

Accounts :

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

Users are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion without any form of liability.

Intellectual Property :

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of CreativePluck Limited and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CreativePluck Limited.

Copyright Policy :

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to copyright@trywitti.com with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims :

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • Identification of the URL or other specific location on Service where the material that you claim is infringing is located;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at hello@trywitti.com.

Error Reporting and Feedback :

You may provide us directly at hello@trywitti.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have developed ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

Links To Other Web Sites :

Our Service may contain links to third-party websites or services that are not owned or controlled by CreativePluck Limited.

CreativePluck Limited has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT CreativePluck Limited SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

Disclaimer Of Warranty :

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

AS A PLATFORM THAT PROVIDES FOR BUYING AND SELLING OF GOODS AND SERVICES, THE COMPANY WILL NOT BE LIABLE FOR ANY FRAUDULENT, FAILED, OR INCOMPLETE CARD TRANSACTION THAT TAKES PLACE ON OUR PLATFORM BY USERS, HOWEVER, WE RESERVE THE RIGHT TO DIVULGE THE DETAILS OF SUCH TRANSACTION TO APPROPRIATE AUTHORITIES IN ORDER TO HELP WITH THE INVESTIGATION PROCESS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using Service. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. In the event that your account with us is terminated or you discontinue your paid subscription, you will no longer have access to all the paid features on the Service; consequently, your customers will lose access to features that are exclusive to paying members only/subscription-based products.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Waiver And Severability

No waiver by the Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Contact Us

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