TERMS & CONDITIONS FOR USAGE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS MOBILE APPLICATION. DO NOT CREATE A USER PROFILE OR USE IT IF YOU DO NOT AGREE WITH THESE TERMS. BY ACCESSING, DOWNLOADING OR CONTINUING TO USE THE MOBILE APPLICATION, YOU ACKNOWLEDGE THAT: 1. You are at least 18 years of age or any older legal age required to form a contract in your jurisdiction; 2. You have the right, authority and legal capacity to enter into this agreement; 3. You have read, understood and agree to be bound by these terms concerning yourself and any minor child authorized by you. You must agree to abide by all provisions of these terms to remain an authorized user of the Mobile Application, and your use of the Mobile Application constitutes your agreement to abide by these terms. You are solely responsible for your use of the Mobile Application and for ensuring that your use complies fully with the provisions of these terms. Your rights are personal and non-assignable, this means that you will be responsible for the acts of anyone Accessing the Mobile Application through you or using your name and password. If you do not agree to the provisions of these terms or are not satisfied with the Mobile Application, your sole and exclusive remedy is to discontinue your use of the Mobile Application.

PASSWORDS AND ACCOUNT SWITCH

Every user account created to access the Mobile Application and all related services must have one designated adult user who must be at least 18 years old. For so long as you use your account, you agree to provide true, accurate, and current information about yourself as well as to make relevant changes. You are solely responsible for all activities that occur under your account as well as for maintaining the confidentiality of your password(s). Should you believe your password or security for your account has been breached in any way, you must immediately notify us. We are in no way responsible for any loss that you may incur because of any unauthorized use of your account and password. You agree that you will not sell, transfer, or assign your account or any account rights. If we learn that an ineligible user has created an account, we may seek confirmation of the user’s status or deactivate the account.

USER ACTIVITIES AND INFORMATION ON THE MOBILE APPLICATION

By using the Mobile Application, you represent and warrant that you will use the Mobile Application, its related services, and any tools, features, content, material, or information found on the Mobile Application solely for lawful, non-commercial purposes. You will not allow any third party to Switch the Mobile Application through your account, upload to, distribute to, or otherwise disseminate through the Mobile Application any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. You further acknowledge that this Mobile Application may collect limited personal information from our users. By using the Mobile Application and/or agreeing to these Terms, you consent to the collection, storage, and processing of certain data as outlined in our Privacy Policy. We do not knowingly collect information from anyone under the age of 18. Please note that ONLY PERSONS 18 YEARS OF AGE OR OVER ARE PERMITTED TO CREATE AN ACCOUNT.

ELECTRONIC COMMUNICATIONS

When you use the Mobile Application or send messages to us, you are communicating with us electronically. By using the Mobile Application or any of its related services, you expressly consent to receive electronic communications from us. We may choose to communicate with you by e-mail, text messaging, telephone, or by posting notices on the Mobile Application. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY

Ownership. The Mobile Application and all related Content (including past, present and future versions) are owned, operated and controlled by Switch Recycling Innovations, and such Content, which can be modified and removed at any time without any notice to you, is protected under Nigerian Laws, and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible. “Content” means all text, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), user interfaces, photographs, logos, sounds, music, artwork, educational games and all other elements of the Mobile Application are owned by or licensed to Switch, which reserves all rights therein and thereto not expressly granted by these Terms. Trademarks. The trademarks, trade dress, logos, and service marks (collectively the “Trademarks”) displayed on the Mobile Application are registered and unregistered Trademarks of Lady Green, its affiliates, its third-party licensors and/or others. You are not permitted to use any of the Trademarks displayed on the Mobile Application, without the prior, express written consent of Switch, its affiliates, or the third-party licensors that may own the Trademark. You may not use any hyper or HTML links, meta tags or any other “hidden text” utilizing Switch’s or its affiliates’ names or Trademarks without its express written consent, its affiliates, or third-party licensors. All rights reserved.
Mobile Application Materials
The Mobile Application and all related services are the copyrighted works of Switch and contain trademarks, service marks, trade names, and other intellectual property. All Trademarks, and materials displayed on, or contained within the Mobile Application, including, but not limited to, layout, colour schemes, design, text, editorial materials, informational text, photographs, illustrations, educational games, content, data, code, artwork and other graphic or digital materials, names and all derivative works of the foregoing (collectively, the “Materials”), are the property of Switch Recycling Innovations, its affiliates or its licensors and are protected by copyright, trademark, patent and all other Mobile Application intellectual property laws. You acknowledge and agree that the Mobile Application and the Materials are the property of Switch Recycling Innovations, its affiliates and licensors and that you will not acquire any rights or licenses in any trademarks, patents, copyrights, or other intellectual property on the Mobile Application or in the Materials. You may not frame or utilize framing techniques to enclose any Materials, Trademark or other proprietary information (including images, text, page layout, or form) of Switch Recycling Innovations or its affiliates without express written consent. Except as expressly provided for in this Terms of Agreement, you may not: (I) Reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast, circulate, or otherwise exploit any content on the Mobile Application, including, but not limited to, any Materials, in whole or in part, to any third party; (II) Participate in the transfer, license or sale of any content on the Mobile Application, including, but not limited to, the Materials; or (III) Create derivative works or in any way exploit any content on the Mobile Application, including, but not limited to, the Materials. No portion of the content on the Mobile Application may be stored on a computer except for personal and non-commercial use. All rights not expressly granted herein are reserved.

MOBILE APPLICATION STORES; COMPLIANCE WITH TERMS:

If you are accessing the Mobile Application via Apple Inc.’s (“Apple”) App Store, you acknowledge that Apple is not a party to and has not agreed to these Terms; that Apple is not a sponsor of, affiliated with and does not otherwise endorse any Application; and that your use of that Mobile Application is also subject to Apple’s Usage Rules as outlined in the Apple Store’s Terms of Service. If you are accessing the Mobile Application via the Google Play Store, you acknowledge that Google is not a party to and has not agreed to these Terms; that Google is not a sponsor of, affiliated with and does not otherwise endorse any Application; and that your use of the Mobile Application is also subject to Google Play Store’s Terms of Service.

PERMISSIBLE USE

You agree that you shall not use the Mobile Application: a) To delete, modify, hack or attempt to change or alter any of the Materials on the Mobile Application; b) For any unlawful purpose; c) To solicit others to perform or participate in any unlawful acts; d) To violate any international, federal, or state regulations, rules, laws, or local ordinances; e) To infringe or violate our intellectual property rights or the intellectual property rights of others; f) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; g) To submit false or misleading information; h) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application, other websites, or the Internet; i) To collect or track the personal information of others; j) To spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; k) For any obscene or immoral purpose; or l) To interfere with or circumvent the security features of the Mobile Application, other websites, or the Internet. We reserve the right to terminate your use of the Mobile Application for violating any of the prohibited uses. We may fully cooperate with any law enforcement agency or authorities, or court order requesting or directing disclosure of the identity of anyone suspected of use of the Mobile Application for illegal purposes.

OBLIGATIONS

By using the Mobile Application, you represent and warrant that: (i) You are the age of majority in your place of residence, and have the power and authority to accept this Terms of Agreement and to enter into this agreement with; (ii) You are capable of assuming, and do assume, any risks related to the use of the Materials on the Mobile Application; and (iii) You understand and accept the terms, conditions and risks relating to the use of the content and Materials on the Mobile Application. If you are under the age of majority, you may use the Mobile Application only with the permission and involvement of a parent or guardian. Switch Recycling Innovations and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

TERMINATION/REMOVAL

Switch Recycling Innovations may terminate this agreement and your use of the Mobile Application at any time. It may, in its sole and absolute discretion, revoke your account, deactivate your account (or any part thereof), or remove and discard any of your account information, communications transmitted by you, or information stored, sent, or received via the Mobile Application without prior notice and for any reason, including, but not limited to: i. Concurrent Switch of the Mobile Application with identical user identification numbers, ii. Permitting another person or entity to use your user identification number to access the Mobile Application, iii. Any other Switch or use of the Mobile Application except as expressly provided in these Terms of Agreement, iv. Any violation of the Terms of Agreement or the rules and regulations relating to the use of the software and/or data files contained in, or switched through the Mobile Application, v. Tampering with or alteration of any of the software and/or data files contained in, or switched through the Mobile Application, vi. Failure to use the Mobile Application or portion thereof regularly, or vii. Submitting communications that are not in the mission or the best interest of Switch Recycling Innovations. Termination, suspension, or cancellation of these Terms of Agreement or your rights shall not affect any right or relief to Switch Recycling Innovations Switch may be entitled, at law or in equity. Upon termination of these Terms of Agreement, all rights granted to you will automatically terminate and immediately revert to Switch Recycling Innovations and its licensors.

DISCLAIMER OF WARRANTIES

Switch Recycling Innovations and its affiliates attempt to be as accurate as possible. However, it does not warrant that descriptions of services or other content on the Mobile Application are accurate, complete, reliable, current, or error-free.

USE OF “COOKIES” AND TRACKING TECHNOLOGY

Switch Recycling Innovations and its service providers may use industry practices and methods, including cookies, clear gifs, web beacons, IP addresses, log files, and other tracking technology (“web tracking technology”), to enable it to review visitors and pages that a user visits during each Mobile Application session. It may link information gathered using web tracking technology to personal information. You consent to the use of such web tracking technology and consent to all legal uses of personal and non–personal information gathered through tracking technology used on the sites or by lady green’s third-party service providers.

LIMITATION OF LIABILITY

You acknowledge that your use of the Mobile Application and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. You assume responsibility for the entire cost of all necessary maintenance, repair or correction to your mobile device, computer system, or other property. in no event shall Switch Recycling Innovations, its affiliates or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the Mobile Application or with the delay or inability to use the Mobile Application, or for any information, software and services obtained through the Mobile Application, Switch Recycling Innovations’ removal or deletion of any materials on the Mobile Application, or otherwise arising out of the use of the Mobile Application, whether based on contract, tort (including but not limited to negligence), strict liability or otherwise, even if Switch Recycling Innovations or any of its affiliates or licensors have been advised of the possibility of damages. this waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized Switch to, alteration of, or use of any record. You specifically acknowledge and agree that Switch Recycling Innovations, its affiliates or licensors shall not be liable for any defamatory, offensive, or illegal conduct of any user of the Mobile Application. The above limitations and exclusions shall apply to you to the fullest extent that applicable law permits, in all actions of any kind, whether based on contract, tort (including, without limitation, negligence) or any other legal or equitable theory. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder of these Terms of Agreement.

INDEMNIFICATION

You agree to indemnify, defend and hold Switch Recycling Innovations and its affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the “Indemnified Parties,” or individually, “Indemnified Party”) harmless from and against all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by (a) your use of, or activities in connection with the Mobile Application, or those of any person authorized by you, or (b) any violation of these Terms of Agreement by you or any person authorized by you. Switch Recycling Innovations reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Switch Recycling Innovations’ defence of the such claim. Switch Recycling Innovations and its affiliates have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, this Terms of Agreement or the Mobile Application.

RELEASE

All users of our Mobile Application acknowledge and agree that each Indemnified Party is released, discharged, and held harmless from all liability from third-party claims made in connection with the Mobile Application, including, without limitation, wrongful death and personal injury, money damages, out-of-pocket and court costs, attorney’s fees, damage to tangible property or reputation, including, without limitation, libel, defamation, right of publicity and invasion of privacy. Switch Recycling Innovations reserves its right to all forms of equitable and legal relief related to fraud or illegal activity connected to the use of our Mobile Application.

ASSIGNMENT

Switch Recycling Innovations may assign these Terms of Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Agreement without Switch’s express prior written consent.

LIMITATIONS ON ACTIONS

You agree that any claim or cause of action arising out of your use of the Mobile Application, the Privacy Policy, or these Terms of Agreement must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Switch or its affiliates to enforce or exercise any provision of these Terms of Agreement or related right shall not constitute a waiver of that right or provision.

GOVERNING LAW

Any dispute arising from the Mobile Application and your use of the Mobile Application and related services will be governed by and construed and enforced by the laws of the Federal Republic of Nigeria, without regard to conflict of law rules or principles (whether of Nigeria or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in any Court of Competent Jurisdiction in Nigeria.

DISPUTE RESOLUTION

PLEASE NOTE THAT THIS SECTION CONTAINS A MANDATORY AND BINDING ARBITRATION, CLASS ACTION WAIVER, AND WAIVER OF THE RIGHT TO LITIGATION CLAUSE, WHICH AFFECTS YOUR RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE WITH SWITCH. PLEASE READ IT CAREFULLY. You hereby specifically acknowledge, agree and consent that you waive your right to litigation and that you agree that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to this Terms of Agreement or any of the transactions contemplated herein or related to the Mobile Application or any services thereon will be dealt with by the following procedures. Any dispute relating in any way to your use of the Mobile Application shall be submitted to confidential arbitration in the exclusive jurisdiction of Nigeria, except that, to the extent you have in any manner violated or threatened to violate Switch’s intellectual property rights, Switch may seek injunctive or other appropriate relief in any state or federal court in Nigeria, and you consent to such exclusive jurisdiction and venue. Arbitration under this agreement shall be conducted under the rules then prevailing of the Nigerian Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction in Nigeria. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms of Agreement, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by Mobile applicable law. Each party hereby consents (a) to the exclusive jurisdiction of the courts in Nigeria for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time before the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law.

MOBILE APPLICATION GOVERNANCE AND SEVERABILITY

Please review other policies posted on the Mobile Application from time to time. These policies also govern your use of the Mobile Application. If any provision of this Terms of Agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this Terms of Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Agreement and any other posted policies, including our Privacy Policy, constitute the entire agreement of the parties concerning the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties concerning such subject matter.

CHANGES TO THE TERMS OF THE AGREEMENT

We reserve the right to amend the Terms of Agreement and to modify, add or discontinue any aspect, content, or feature of the Mobile Application. Such amendments, modifications, additions and/or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Mobile Application, via e-mail or any other means. You agree to the new posted Terms of Agreement by continuing your use of the Mobile Application. You agree to review the Terms of Agreement periodically and your continued use of the Mobile Application following such modification will indicate your acceptance of any modified Terms of Agreement. If you do not agree with the modified Terms of Agreement, your sole and exclusive remedy is to discontinue using the Mobile Application.

MISCELLANEOUS

Nothing contained in these Terms of Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Mobile Application or information provided to or gathered by Switch concerning such use. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.