Terms Of Use

INTRODUCTION


What is Eyemark?

If you are seeking a community where there is a vast depository of projects undertaken by every tier and level of government in Nigeria, then you are in the right place. Welcome to the Eyemark Community! Eyemark also offers a forum for people interested in developmental projects in Nigeria to discuss these projects and share their valuable opinions in a respectable manner.


What These Terms of Use Mean

These Terms of Use provide the conditions on which we provide any service or product related to Eyemark (“Platform”), except we state otherwise. It means that when you agree to the terms hereunder or use the Platform, these Terms of Use will become immediately applicable as a contract between you and us.
To use this Platform, we will require you to give us some of your personal information. Our Privacy Policy contains information on how we use and protect your personal information.
The Eyemark Community is also moderated according to its Community Guidelines to ensure fairness and equity to all parties concerned.


Information about us and how to contact us

Who we are (“We/Us”). We are ZST Technologies and we are duly registered under the laws of the Federal Republic of Nigeria.
How to contact us. You can contact us by calling our customer service team or by writing to us at [email protected]

Our rights to make changes
Changes to the Platform. We reserve the right to make updates to these Terms either to reflect regulatory or business needs. We will try as much as possible to notify you when the Terms change but it is your obligation to check how these updates affect your use of the Platform and whether you would like to continue. Updates made to these Terms will become effective upon 24 hours after publication.


Our Services

We are building a community that makes it possible for Nigerians and the various government agencies and parastatals to post, share, and comment on projects in Nigeria. This means that we provide connected features that allow you or any User to have access to this community.

The Services that we provide also enable you to connect with other Users on the Platform.

Who is Eligible to Use Eyemark’s Services?
Eyemark does not provide its Services or Platforms for persons less than 18years in Nigeria or below the legal age in whatever jurisdiction you access our Platform from. You agree to bear full responsibility for signing up and using Services provided on or related to Eyemark.
Where a person is using Eyemark on behalf of a corporate entity, the person undertakes that they have the legal authority to bind the corporate entity to a contract with Eyemark.
We reserve the right to restrict our Services to you if we discover that the information provided about you is untrue or misleading or against our Terms and Policies. In other instances, persons who have previously violated our Terms or Policies may be barred from registering another account.

Registering an Account on Eyemark
We provide the Services described in these Terms only when you open an account on Eyemark and agree to the following conditions: Open only one account for use

  • Provide us with accurate information about yourself (or inform us where such information changes)
  • Not use the Platform to perpetrate any criminal activity in Nigeria or the jurisdiction where you are registered
  • Not to give or transfer your password or access to another person without our express permission
  • Not to use the Platform for any other purpose other than that which it is intended
  • To agree and use the Platform in accordance with other Eyemark Policies or Guidelines in operation

Disabling a Service or Your Account
Where you would like to disable your account with us or discontinue the use of any Service, you can either utilise the functions on the Platform to disable such Service or your account or send an email to [email protected] and we will process your request.
However, kindly note that your data may be archived according to our Privacy Policy unless you request a transfer and/or a partial or complete erasure.
Also, you agree that the rights that accrue to us prior to or upon the termination of your account will survive the determination of your account.


What You Can Share or Not

Eyemark encourages Users to express their freedom of speech and good citizenry, however, not at the expense of other Users or persons or national symbols. To this end, you agree that the content you share will adhere to the following rules:

  1. Not violate these Terms or any of the Eyemark Policies or Guidelines in operation at the time
  2. Not be discriminatory, insensitive, misleading, fraudulent or unlawful
  3. Not to contain any marketing of any product or service without our consent (Kindly view our Community Guidelines for more directions)
  4. Not to contain any racial or tribal or ethnic slurs or incite any group or community of people
  5. Not to expose political or state secrets
  6. Not to attack or defame a person (whether a user or not) or his origin
  7. Not contain any content that infringes any Intellectual Property right of any person or entity or government
  8. You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our Products.
  9. Not to incite civil unrest or secession or felonious crimes

You agree that Eyemark may remove or moderate or restrict access to any content that violates the above rules. Where your post is removed, moderated or restricted, you may write to us to appeal the decision.


Licences and permissions

Eyemark recognises that some of the content you post or share on its Platform may be protected by Intellectual Property laws. By posting or sharing on Eyemark, you do not assign the IP rights to us i.e., you are able to reshare, withdraw or use your work or content anywhere else. However, we need some form of licence and permissions to be able to keep the Community growing and to provide our services:

  1. You agree that whenever you post or share content (such as a photo, video, text, etc.), you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content.
  2. You agree that we can use your name, profile picture and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions that you have taken on Eyemark next to or in connection with ads, offers and other sponsored content that we display across our Services, without any compensation to you.
  3. You agree that this licence includes the right for Eyemark to make the shared or uploaded content available to other companies, organisations, business partners, or individuals who collaborate with us for the syndication, broadcast, communication and making available to the public, distribution or publication of the content on the Platform or through other media or distribution methods.
  4. You grant the permissions to other users of the Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public the content, subject to our Terms of Service. Except as expressly provided in these Terms of Use, the granted permissions will not confer the right for you to use automated technology to copy or post questions and answers or to aggregate questions and answers for the purpose of making derivative works.
  5. You agree that Eyemark may preserve content which you post, share or upload and in certain circumstances, may also disclose the content and related information if required to do so by law or to enforce these Terms of Service or for Eyemark to respond to claims that any of your content has violated the rights of third parties or to detect, prevent, or otherwise address fraud, security or technical issues or to defend the interests of Eyemark.
  6. You agree that we shall have a non-exclusive authority to take enforcement action against any unauthorised use by third parties of any content outside of the Platform or in violation of our Terms.

Our Intellectual Property rights
You acknowledge that except third party content, Eyemark owns all rights, title, and interest in and to the Platform, the related source code and machine-readable, compiled Object Code, related application program interfaces (each, an “API”), Derivative Works, and all ideas and concepts embodied therein, and all worldwide, current or future, copyright, trademark rights, patent rights, trade secrets, right of publicity, goodwill, and all other intellectual property rights as may exist now and/or hereafter come into existence, and all renewals, continuations, wherever located.
Where you intend to use any of our content protected by Intellectual Property Laws, you agree to always obtain our written permission to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.


Other important terms

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

No waiver. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide requested services, we can still require you to make the payment at a later date.

Limits on liability
To the extent permitted by law, we also disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other objectionable content).
We cannot predict when issues may arise with our Services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will we be liable to you for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms or the Facebook Products, even if we have been advised of the possibility of such damages.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of the Federal Republic of Nigeria and Lagos State in particular and either party can bring legal proceedings in respect of the Services in the courts in Nigeria.

Electronic Signature: You acknowledge and agree to the use of electronic signature/consent in respect to transactions and documents. You also agree that your electronic signature is the legal equivalent of your manual signature on this term. You further affirm that consent such as ticking “consent boxes” shall be treated as an electronic signature under these Terms and shall be legally binding on you.