General Terms and Conditions for Users
These are the General Terms and Conditions applying to and governing the subscription and usage of the website and the ……. app (jointly referred to as the “Platform”) that links registered subscribers with entertainers (“Entertainers”) – (musicians, secessionist and instrumentalists’, actors, and actresses (main and support), etc. and entertainment ancillary support providers (“Supports”) – (sound engineers, lighting, producers, directors) etc.
The term “us” or “we” refers to Hiwees Limited a company incorporated under the Laws of the Federal Republic of Nigeria whose registered address is at 64 Osholake Street, Ebute Metta, Lagos State, Nigeria (which shall where the context so admits include its successors and assigns).
You must agree to the terms and conditions that are set out below before you can subscribe and use the Platform:
- We provide an information database through the Platform that allows registered subscribers (“Users”) to search for Entertainers and Supports listed on the Platform (the “Entertainers”) and hire them for performance services (the “Services”). We do not provide or perform entertainment services. The Services are provided by the Entertainers and Supports under a contract of hire with the User. Entertainers and Supports provide the Services on an independent basis (either in person or as a group) as economic and professional service providers. We are not responsible in any way for the fulfilment of the contract entered into between a User and the Entertainers and Supports. Disputes arising from consumer rights, legal obligations or from the law applicable to the provision of Services will be resolved between the Users and Entertainers and Supports. Data regarding the Entertainers and Supports and their Services are available on the Platform.
- Users may register and open an account on the Platform by completing and submitting the registration form on the Platform. By registering with us through the Platform you warrant and represent to us that:
- you have attained 18 years of age; that all information provided in the registration form is complete and accurate;
- you will keep your user ID and password confidential;
- you shall notify us in writing immediately if you become aware of any disclosure of your password; and
- you shall be responsible for any activity on the Platform due to your failure in keeping your password confidential, and that you may be held liable for any losses arising out of such a failure.
- During the registration on the Platform a User’s mobile number is linked to the respective User account and added to our database. If you are no longer using your mobile number, you must notify us IMMEDIATELY and change the phone number on your profile by inserting the new phone number. This will be to enable us to have the current data. If you do not notify us about any change to your number, your mobile operator may issue the same mobile number to a new person who may be able to access your data.[u2]
- Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk. [u3]
- We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any Service you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.
- If you request for an Entertainers and/or Supports to provide Services by filling the Contract for Hiring A Service form on the Platform (the Contract), and the Entertainers and/or Supports agrees to provide the Services by sending the Confirmation Form to you, then the Entertainers and/or Supports and the User have entered into the contract for the Services on such terms and conditions as stated in the Contract. We do not provide the Services and are not a party to your contract for Services between you and the Musician.
- Subject to these general terms and conditions, terms in the Contract shall govern the contract for Services between the User and the Entertainers and/or Supports. Notwithstanding this, the following provisions will be incorporated into the contract for Services between the User and the Entertainer:
- the fees for the Service will be as stated in the Contract and must include all taxes and comply with applicable laws; and
(b) administrative charges, insurance costs, other ancillary costs, and charges, will only be payable by the User if this is expressly stated in the Entertainer’s and/or Supports’ terms of business.
- Payment will be in advance through the payment options provided for on the Platform and we act as a commercial agent for the Entertainers and/or Supports. Fees will be inclusive of applicable taxes where required by law and may include other applicable fees, and/or surcharges including a booking fee, or processing fees for split payments, contingency deposit.
- Every Entertainers and/or Supports has authorized us as their commercial agent for the conclusion of contracts between the Users and Entertainers and/or Supports, including the power to accept payments from the Users and to forward the payments to the Entertainers and/or Supports. Your obligation to the provider of the Service will be fulfilled when the payment order is given to transfer funds to our bank account. You, as a User are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
- When making payments on the Platform, we receive your payments and transfer the fees to the Entertainers and/or Supports upon confirmation [u4]that the Service was provided under the Contract. We may ask you for additional data to enable us to confirm the method of payment. Users shall receive receipts of payment for Services via the email address provided by the User. Any tips or gifts in cash or kind which the Entertainers and/or Supports receives while performing the Services are for his/her account and are exclusive of the fees charged.
- We are not responsible for any third-party payment costs including but not limited to charges from banks and mobile operators that you may incur in making payments for Services on the Platform. These service providers may charge you additional fees when processing payments in connection with payment on the Platform. We are not responsible for any such fees and disclaim all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before choosing your payment method.
- We are responsible for the functioning of the Platform and provide support in resolving problems. The resolution of disputes related to payments also takes place through us. For payment support service please contact us through [email protected] and all issues notified to us by e-mail or on the Platform will receive a response within two business days.
- Cancelling a contract for Services occurs when you subsequently reject, cancel, or refuse the Service and you shall be required to pay a cancellation fee of up to a maximum of 75% of the service fees where cancellation is done in less than three business before the date of services provision. [u5]We may at our discretion, temporarily block your account if you successively cancel contracts for Services. If we block your account multiple times, we have the right and absolute discretion to suspend your account for a longer period. After that period, you could ask to reactivate your account and your application will be reviewed by us.
- You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Platform. Further, you must not:
- use the Platform in any way or take any action that causes, or may cause, damage to the Platform or impairment of the performance, availability, accessibility, integrity, or security of the Platform;
- use the Platform in any way that is unethical, unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
- hack or otherwise tamper with the Platform
- probe, scan or test the vulnerability of the Platform without our permission;
- circumvent any authentication or security systems or processes on or relating to the Platform;
- use the Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
- decrypt or decipher any communications sent by or to the Platform without our permission;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or with the Platform without our express written consent;
- access or otherwise interact with the Platform using any robot, spider, or other automated means, except for search engine indexing;
- use the Platform except through our public interfaces;
- violate the directives set out in the robots.txt file for the Platform;
- use data collected from the Platform for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing); or
- do anything that interferes with the normal use of the Platform.
15 When the Entertainers and/or Supports cancels the contract for Services, it shall affect his ratings and you can leave a comment on their profile. Please note that we are not responsible if the Entertainers and/or Supports [u7] cancels the contract for Services and the User shall be entitled to a refund of the fees paid into his/her wallet or bank account within five business days[u8] of the cancellation by the Entertainers and/or Supports.
- We hereby grant you a royalty-free, revocable, non-exclusive, non-transferable right to access and use the Platform subject to and under these General Terms and Conditions and the Privacy Notice. If we cancel your right to use the Platform, the corresponding non-exclusive license stated above shall also be cancelled.
- As the Platform is to link Entertainers and/or Supports with Users we cannot guarantee or take any responsibility for the completeness or accuracy of the information published on the Platform, the skill, quality, or any defects in the provision of Services by the Entertainers and/or Supports. As we do not provide or broker the Services, any issues with the quality of the Services will be resolved under the rules and regulations of or the relevant public authority. As the usage of the Platform for requesting Services depends on the behaviour of the Entertainers and/or Supports, we do not guarantee that your offer to hire the Services will always be accepted by the Entertainers and/or Supports.
- The Platform does not offer or broker the Services for Users. It is also not an Entertainment and/or Entertainment Supports Service agency for finding employers for Entertainers and/or Supports. The Platform is used as the means for organizing the provision of Entertainers and/or Supports services.
- The Platform is provided on an “as is” and “as available” basis. We do not represent, warrant, or guarantee that access to the Platform will be uninterrupted or error-free. In case of any faults in the software, internet or programming we will endeavor to correct them as soon as possible, but please keep in mind that the functioning of the Platform may be restricted due to occasional technical errors and we are not able to guarantee that the Platform will function at all times, for example, a public emergency may result in a service interruption.
- We, our representatives, directors, and employees are not liable for any loss or damage that you may incur as a result of using the Platform or relying on, any Entertainers and/or Supports hired through the Platform, including but not limited to:
(a) any direct or indirect property damage or monetary loss;
(b) loss of profit;
(c) loss of business, contracts, contacts, goodwill, reputation, and any loss that may arise from interruption of the business;
(d) loss or inaccuracy of data; and
(e) any other type of loss or damage.
- Our financial liability to any User in connection with the breach of the contract will be limited to a maximum of our fees for using and connecting the User and the Entertainers and/or Supports on our platform. We will not be liable for the actions or inactions of the Entertainers and/or Supports and will not be liable for damages that the Entertainers and/or Supports may cause to any User.
- You agree to fully indemnify and hold Us, our affiliate companies, representatives, employees, and directors harmless from any claims or losses (including liabilities, damages, costs, and expenses of any nature) that they suffer as a result of your use of the Platform (including the contracts of hire you may enter into through the Platform).
- We may immediately end your use of the Platform if you breach these General Terms and Conditions, or we consider it necessary to protect our integrity or the safety of Entertainers and/or Supports.
- You will be asked to give your comments on the Entertainers and/or Supports through the Platform purely as feedback to the Entertainers and/or Supports and to guide other Users.
- We expect that you use the Platform in good faith and be respectful of the Entertainers and/or Supports who offer their services through Platform. We retain the right to close your account if you have violated the terms set out in this General Terms and Conditions or if your activities are malicious, i.e., withholding payment for the provision of the Services, fraud, being disrespectful towards the Entertainers and/or Supports, etc. In these cases, your account may be revoked without prior notice.
- We will make every effort to ensure that only Entertainers and/or Supports, who have integrity and are respectful of their profession and Users, use the Platform. However, we are in no position to guarantee that every provider of the Services satisfies the aforementioned criteria at all times. If you experience objectionable Service, please notify us.
- These General Terms and Conditions and our codes, policies, and guidelines (and in respect of Entertainers and/or Supports, the Entertainers and/or Supports Terms and Conditions) shall constitute the entire agreement between you and us concerning your use of the Platform and shall supersede all previous agreements between you and us concerning your use of the Platform.
- Should these General Terms and Conditions, the Entertainers and/or Supports Terms and Conditions, and our codes, policies and guidelines conflict with these Terms and Conditions, the Entertainers and/or Supports Terms and Conditions and our codes, policies and guidelines shall prevail in the order here stated.
- We may revise or amend these General Terms and Conditions, the Musicians Entertainers and/or Supports Terms and Conditions, and our codes, policies and guidelines from time to time; and the revised General Terms and Conditions, the Entertainers and/or Supports Terms and Conditions, and our codes, policies and guidelines shall apply from the date of publication on the Platform. Your continued use of the Platform after the publication shall be deemed be your acceptance of the amendments.
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these General Terms and Conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise, deal with any of your rights and/or obligations under these General Terms and Conditions.
- A Contract under these General Terms and Conditions is for your benefit and the Entertainers and/or Supports benefit and is not intended to benefit or be enforceable by any third party. The exercise of the parties’ rights under a contract is not subject to the consent of any third party
- You may delete your account on the Platform by filling our Account Withdrawal Form and ticking the appropriate box stating the reason for the deletion. You may also send an email to [email protected] for deletion of your accounts
- If any provision of the General Terms and Conditions is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- The General Terms and Conditions will be governed by and construed and enforced under the laws of the Federal Republic of Nigeria. If the respective dispute resulting from the General Terms and Conditions, or a Contract could not be settled by the negotiations within 30 days of the notification of a dispute, then the dispute will be referred to the relevant court of competent jurisdiction.