These terms and conditions constitute a legally binding agreement between you, whether personally or on behalf of an entity (“Subscriber”, “you”, “your” or “yours”) and Darey.io Services Limited (“Darey.io”, “we” “our” or “us”), concerning your access to and the use of Darey.io, a social learning platform for the learning of DevOps amongst peers and mentors, in any media form, media channel, mobile website, mobile application, application programming interface (API) linked or otherwise connected thereto (collectively, the “Platform”). You hereby waive any and all defences you may have based on the electronic form of these terms and conditions and the lack of signing by the parties hereto as it pertains to the execution of these terms and conditions.
Please read these terms carefully, as your use of the Platform constitutes your agreement to and acceptance of these terms. You agree that by accessing the Platform, you have read, understood, and agree to be bound by these terms and conditions. If you do not understand or agree to the contents of this document, then you are expressly prohibited from using the Platform and you must discontinue use immediately.
If you are under the age of 21, but at least 14 years of age, you represent and agree that you possess legal parental or guardian consent to use the Platform and are fully able and competent to enter into all of the conditions, obligations, affirmations, representations and warranties set forth in these terms and conditions. This Platform is not intended for, or directed at, individuals under the age of 14 years; if you are under 14 years of age, do not use the Platform. You are not allowed to copy or modify this document, any part thereof, or our trademarks or any part of our intellectual property in any way. You are also not allowed to attempt to or extract the source code of this document and the Platform, and you also should not try to translate this document into other languages or make derivative versions.
We reserve the right to amend, supplement or vary the provisions of these terms and conditions at any time if it is required or it is advisable for us to do so by law. Any amendment, supplement or variation to these terms and conditions are hereby expressly incorporated herein by reference and shall be read as forming part of this document. Such amendment, supplement or variation shall be binding on you from the date it was updated on the Platform, and you waive any right to receive specific notice of such change. You consent to receive electronic communications and you agree that all notices, disclosures and other communications that we provide to you electronically, via email and on the Platform satisfy any legal requirement that such communications be in writing.
You are required to create an account and register on the Platform to access the services and features as available on the Platform. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account as you will be responsible for any and all access to your account and any unauthorised access to your account shall be at your own risk. You may not assign or otherwise transfer your account to any other person or entity. You further acknowledge that we shall not be responsible for any third-party access to your account that results from your negligence, as well as theft or misappropriation of your account.
The Platform is only accessible on a subscription basis; thus, you are required to pay an advised monthly fee as subscription fee to access and utilise the Platform. There are several categories of subscription packages available on the Platform and the rights of a Subscriber shall be limited to the subscription package as selected and paid for by the Subscriber per time. The subscription fee will be deducted from your registered debit or credit card and upon successful payment, a receipt will be sent to your registered e-mail address. In the event that you do not receive the receipt in your inbox, please check your spam or junk folders. For first time subscriber, you can request for a refund up to 3 days after payment, for subciquent subscriber, For first time subscriber, you can request for a refund up to 3 days after payment, for subciquent subscriber, You can cancel your subscription at any time provided that the cancellation prompt on your profile or send a mail request to our support email at email@example.com requesting for a cancellation at least forty-eight (48) hours prior to your payment due date.. Request for refund after you have been debited a subscription fee based on your selected payment plan and package shall be based on management’s discretion and might take 3-5 days to be processed.
Additionally, Learners agrees not to request, advise, file a claim, or seek Learner's bank or credit card company for a chargeback for consideration paid under this Agreement. Learners agrees to waive any rights Learners may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under Learner's credit card issuer’s procedures for resolving such disputes). Learners agrees that any disputes that Learners may have with respect to consideration paid hereunder must be addressed directly between Learners and Company. If a chargeback occurs, Learners shall have materially breached the Agreement and shall forfeit all remaining services that have not yet been performed under the Agreement. Company shall have no further obligation to Learners. Lastly, Darey.io shall be entitled to recover from learners all damages, as well as reasonable and necessary attorneys' fees and costs associated with pursuing collection and/or recovery of the amount of the chargeback.
We do not retain your card details as your card registration details are managed and processed by a PCI DSS certified card and payment processing third-party company.
You are granted a non-exclusive, non-transferable and revocable license to access and use the Platform strictly in accordance with these terms and conditions. You understand and agree that you do not acquire any proprietary rights in any of the contents displayed on the Platform, save for materials authored by you and posted to the Platform. We do not grant you any licenses, express or implied, to the intellectual property of the contents displayed on the Platform. As a condition of your use of the Platform, you warrant that you shall use the Platform solely in accordance with its functionalities and not any purpose that is unlawful or prohibited by these terms. You may not use the Platform in any manner which could damage, disable, overburden or impair the Platform or interfere with the use and enjoyment of the Platform by any other subscriber. You may not obtain or attempt to obtain any materials, resources or information through any means other than as directly made available on the Platform.
The Platform may contain chat areas, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with other subscribers (severally and collectively, the “Channels”). You agree to use the Channels to post, send and receive messages and materials which are proper and related to the purpose for the creation of the Platform.
Subscribers are encouraged to continually share resources and materials on the Channels to aid learning and knowledge-sharing amongst themselves. Darey.io does not claim ownership of the resources or materials which you provide or upload to the Platform. By posting on the Channels, you undertake and agree that every information which you provide and upload to the Platform shall be accurate, current and that you have the requisite authorisation to upload, post, publish or share such information, where the same was not authored by you. Notwithstanding anything contained in this document, you confirm that by posting, uploading, publishing, sharing, submitting or providing any information to the Platform, you are granting Darey.io the permission to copy, distribute, reproduce, transmit, publicly display, translate and reformat the same, and to publish your name or the name of the author in connection with such information, and no compensation will be paid to you in that regard.
Materials uploaded by us or subscribers to the Channels, or the Platform in general may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload any information to the Platform.
This Platform is open to use to all subscribers across all walks of life and Darey.io frowns against any form of discrimination, including but not limited to race, age, gender, religion or none thereof, educational background, political affiliation or sexual orientation. Accordingly, we do not permit the express or implied use of any words which are perceived as discriminatory, abusive or defamatory within the Channels, and on the Platform. Subscribers are advised to conduct themselves in a cordial but civil manner, respectful of views from other subscribers and shall not insult, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other subscribers, as well as publish, post, upload, distribute or disseminate any inappropriate, profane, obscene, indecent or unlawful topic, material or information.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, review, refuse to post or to remove any material or information, in whole or in part, posted to a Channel which we reasonably believe in our sole discretion to have violated any of the aforementioned prohibitions.
We recognise that the Channels may serve as an interactive and networking platform amongst subscribers which may involve the advertisements of job or business offerings, sale or purchase of goods and services provided that such activities shall be conducted at your own risk, and you shall indemnify, defend and hold harmless Darey.io for any claims (including third-party claims), losses or damages arising therefrom. We however strongly advise that extreme caution be applied to the sharing of personally identifying information among subscribers. We specifically disclaim any liability with regard to the Channels and any actions resulting from your participation in the Channels.
The following activities and practices are prohibited on the Channels, and the Platform in general: conducting or forwarding surveys, contests, pyramid schemes or chain letters; downloading files posted by other subscribers that you know, or reasonably should know, cannot be legally distributed in such manner; falsification or deletion of author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restricting or inhibiting any subscriber from using and enjoying the Channels.
This Platform does not seek to replace formal education and except as specifically provided to the contrary in this document or on the Platform, we do not make any representations or warranties regarding the accuracy, validity, adequacy, suitability, reliability, availability, timeliness, fitness for purpose or specific quality of the information, contents, materials or resources provided on the Platform. We will assume no liability or responsibility for any (a) errors, omissions or inaccuracies in any information, (b) direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of goodwill or reputation, or other damages arising from your access to and use of the contents therein, (c) any unauthorised access to or use of our secure servers and/or the data stored therein. The contents on this Platform are provided “as is” without warranty or condition of any kind. To the fullest extent permitted by law, we disclaim, without limitation, any warranty or guarantee, express or implied, in connection with the suitability or fitness for a particular purpose, arising from use of any information obtained from the Platform.
All content as available on this Platform, including text, graphics, logo, images as well as the compilation thereof, and any software used on the Platform is and remains the property of Darey.io, or its collaborators (as may be applicable) and is protected by copyright and other laws that protect intellectual property and proprietary rights. You shall not upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents. You shall also not upload corrupted files, files that contain viruses or malwares or any other similar software or programmes that may adversely or otherwise interfere with the operation of the Platform or damage another’s device.
The contents of the Platform are not for resale, and you are not permitted to modify, publish, reproduce, transmit, reverse engineer, participate in the transfer or sale, create derivative works or in any way exploit any of the content, information or materials, in whole or in part, found on the Platform.
You agree to defend, indemnify, and hold us harmless (including our directors, officers, employees or agents) from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by you or any third party due to or arising out of your use of the Platform, your breach of these terms and conditions, any breach of your representations and warranties as set forth in these terms and conditions, your violation of the rights of a third party, including but not limited to intellectual property rights, or any overt harmful act toward any other user of the Platform with whom you connected via the Platform. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
These terms and conditions are completely confidential between the parties and shall not be disclosed to anybody else. Any disclosure shall be deemed a breach of the terms and conditions save for such disclosures which are required by order of a court of law with competent jurisdiction, tax authority, the government or where such disclosure is required for regulatory purposes. Prior to such disclosures, you agree to promptly, to the extent permissible by law, notify us in writing of the request.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms and conditions or use of the Service. You understand and agree that we may assign any or all of our rights and obligations to others at any time and these terms and conditions will not be construed against us by virtue of having drafted them.
These terms and conditions operate to the fullest extent permissible by law and shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria irrespective of where you live and both parties shall submit to the exclusive jurisdiction of the Courts of the Federal Republic of Nigeria. If any provision of this document is found by any court of competent jurisdiction to be void, invalid or unenforceable, such provision shall not affect other provisions herein, which shall remain in full force and effect and we undertake to use reasonable endeavours to find a new provision resembling the invalid one, taking the original intent and purpose into consideration.
These terms and conditions and any policies or operating rules as may be posted by us on the Platform from time to time constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms and conditions shall not operate as a waiver of such right or provision.