OLIRAN TERMS OF SERVICE
Welcome to Oliranservices.com
The following terms of service of this website and the services of Oliran Services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions”).
Your use of this Website or submission of service requests via the website, telephone and other platforms operated by Oliran Services constitute your agreement to all such terms, conditions, and notices in effect at such time.
This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or it services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not use the Site.
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. In case of conflicts between the original English version and any translation, the English version shall prevail.
These Terms and Conditions apply to any Services or properties such as websites or app owned and operated by Oliran Services on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at firstname.lastname@example.org. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms and conditions were written on May, 20, 2020.
EMPLOYER: This refers to Individuals and/or businesses seeking services.
PROVIDER: This means any person or entity who is or may potentially be matched to an Employer Job Request and except where the context requires otherwise includes any person engaged by such a person to provide goods or services in connection with a Job.
PROVIDER SERVICES: This means the goods and/or services that Provider offers and/or provides to Employer and proposals to provide.
DISPUTES: These are disagreements experienced during services between Employer and Providers on Oliran Services.
PAYMENT SERVICE PROVIDERS: These are service providers that provide payment between the Employer and Oliran Services.
JOB: This means provision of goods/services by the Provider to the Employer that arises out of Job Request
JOB REQUEST: This means goods/services requested by the Employer from a Provider using the Oliran Services Site or App.
SITE; This means the website operated by Oliran Service or at oliranservices.com or on any affiliate website.
TERMS AND CONDITIONS OVERVIEW
1. Oliran Service’s Role:
The site operates as both a finder and facilitator seeking to match the needs of Employer with Providers. Oliran Services is a neutral facilitator and the Employer acknowledges and agrees it is not directly involved in the transactions between Employer and Providers. Oliran Services is not responsible for the performance of Providers, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Tasks Clients, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Providers. Oliran Services makes no representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested and provided by Providers identified through the Service whether in public, private, or offline interactions.
Oliran Services may also perform background checks before Employers and Providers can register and during the course of the Services usage, this including but not limited to a verification of identity and a comprehensive criminal background check, at the Country, State and local level, using third party services as appropriate. Users, otherwise known as Employers hereby give consent to Company to conduct background checks as often as required in compliance with federal and state laws.
Although Oliran Services may perform background checks of Employer, as outlined above, Oliran Services cannot confirm that each Employer or Provider is who they claim to be and therefore, Oliran Services cannot and does not assume any responsibility for the accuracy or reliability identity or background check information or any information provided through the Service. When interacting with either the Employers or Providers, you should exercise caution to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER OLIRAN SERVICES NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. OLIRAN SERVICES AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
2. Feedback Feature of Site
2.1 User acknowledges and agrees that Oliran Services operates a user feedback system, on which User may post comments, compliments, criticisms and other observations regarding Providers on the Site that are honest, fair and reasonable and which can be substantiated.
2.2 Employer acknowledges and agrees that any information or material submitted by it to the Site for inclusion in the feedback system is and will be treated by Oliran Services as non-confidential and non-proprietary and it may use such material without restriction.
2.3 Employer must not post or transmit any material on the Site which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or otherwise reasonably objectionable.
2.4 Employer agrees not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other users of the Site.
2.5 Employer agrees not to impersonate any other person when posting material to the Site.
2.6 Employer acknowledges that any material it posts to the Site may be removed by Oliran Services from the Site without notice at any time.
2.7 Oliran Services does not warrant to the Employers that it or Providers will respond to questions or comments submitted by Employer to the Site.
3. User Warranties: Under no circumstance is the Employer permitted to;
a. Use the site or its contents for illegal purposes or conducts that would constitute a criminal offence.
b. Use materials that would damage, interfere or affect the proper functioning of the site
c. Use the site for any unapproved or deceptive online marketing.
d. Post the same Task repeatedly (“Spamming”). Spamming is strictly prohibited. Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service. Restrict or inhibit any other Employer from using and enjoying the Public Areas. Imply or state that any statements you make are endorsed by Oliran Services, without the prior written consent of the company. Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Service in any manner. Hack or interfere with the Service, its servers or any connected networks. Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Company. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals. Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner. Use the Services in violation of the Marketplace Guidelines.
4. Disclaimer and Acknowledgments:
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK
4.1 Oliran Services provides the System and Provider details on an ‘as is’ basis and without any warranty, express, implied or statutory as to the quality, efficacy, reliability or other attribute or characteristic of any Provider.
4.2 To the fullest extent legally possible, Oliran Services excludes any representation or warranty concerning the System, the Site or any third party Site referred to or connected via the Site.
4.3 Without limiting the foregoing, User acknowledges that:
a. Oliran Services does not check the truth or currency of the material or information that Providers provide or make available to it;
b. Oliran Services does not control, endorse, approve or warrant to the Employer the merchantability or fitness for any particular purpose of any of the goods or services of third parties (including Providers) referred to at the Site or whose identities become known to Employer as a result of using the System or otherwise;
c. Oliran Services does not warrant to the Employer that anything on the Site or any third-party Site referred to or connected via the Site is accurate, complete or up to date and makes no performance warranty whatsoever concerning anything on or implied from them;
d. Employer should satisfy itself through its own enquiries as to the condition or suitability of any Provider, Provider Services or any other goods and/or services supplied, offered by or recommended by on behalf of a Provider. Employer agrees to consult professionals for advice that is specifically tailored to Employer’s particular circumstances;
e. Oliran Services does not offer professional advice on the fitness of any goods, services or information supplied by any third parties including Providers;
f. Oliran Services does not endorse or recommend any Provider, goods or services, including where details of a Provider are provided by Oliran Services to Employer or otherwise become known using the System;
g. The Employer is responsible for completing all transactions it participates in (including monitoring the status and complying with all relevant legal obligations);
h. Oliran Services does not warrant to the Employer that the Site or any information or communication it provides is or will be reliable, timely, error or fault free, complete or accurate;
i. Oliran Services shall not be liable for any loss or damage whether directly or indirectly incurred by Employer or any third person as a result of any failure or delay in Oliran Services doing anything, including, but not limited to transmitting any information to Employer or removing any information from the Site or any Provider from the System.
4.4 Employer agrees that Oliran Services and all affiliates and related entities of Oliran Services have no responsibility for the legality of the actions of other users.
4.5 Oliran Services will not be liable for any loss or damage whether directly or indirectly incurred by Employer or any third person who bypass Oliran Services to do private business without a written permission from Oliran Services.
5. Limitation of Liability
5.1 To the extent permitted by law, Oliran Services excludes all liability to the Employer or any other person for any loss claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data or loss of or damages to reputation or goodwill) arising out of or in connection with any:
a. removal or termination of Employer’s access to the System and Site; or
b. use of the Site or the System or information on or provided through the Site or the System or any information or advice otherwise provided by Oliran Services or a Provider.
5.2 To the extent permitted by law, Oliran Services and all affiliates and related entities of Oliran Services expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Oliran Services sole discretion):
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services and:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
Employer indemnifies and holds Oliran Services and its parent, subsidiaries, affiliates, officers, directors, agents, employees, partners, suppliers, franchisors and franchisees, harmless from and against any claims, demands, proceedings, losses and damages (whether actual, special and consequential of every kind and nature including all legal fees) made by Employer or a Provider arising out of or in any way related to Employers’ use of the Site or its breach of this Agreement, or Employer’s violation of any law or the rights of a third party. Employers also indemnify that they are the sole authorized user of their account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Oliran Services for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. Oliran Services has no control over the use of any Employer’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact the company immediately.
7.1 Without limiting other remedies available to Oliran Services at law, in equity or under this Agreement, Oliran Services may, in its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Employer’s access to the System and refuse to provide services to Employer if:
b.Oliran Services is unable to verify or suspect the authenticity of any information the Employer provides to it; or
c. Oliran Services believes that Employer’s actions may cause damage and/or legal liability for Provider or other employers
This Agreement is effective until terminated by Oliran Services, it may also terminate it and Employer’s right to post information and material to the Site at any time without prior notice.
9.1 The procedure set out in this clause must be followed in relation to the resolution of a dispute concerning the interpretation of this Agreement or of the parties’ rights or obligations pursuant to this Agreement (“Dispute”).
9.2 Upon any Dispute arising, a party may give written notice to the other party that a Dispute exists (“Dispute Notice”).
9.3 The Dispute Notice shall provide the recipient with the full particulars of the matters in Dispute.
9.4 The timetable and process for resolving a Dispute pursuant to a Dispute Notice is as follows:
a. within 5 working days of receipt of a Dispute Notice, the recipient shall hold discussions in good faith in an attempt to resolve the Dispute;
b. if the Dispute is not resolved within 20 days of the commencement of the meeting referred to in the previous sub-clause or if the meeting referred to in the previous sub-clause has not taken place within the 5 day period, the parties to the Dispute shall refer the matter to mediation;
c. within 5 working days following the expiry of the relevant period in the previous sub-clause, the parties to the Dispute must attempt to agree on the appointment of a mediator. In the absence of agreement on the appointment of a mediator, a mediator is to be appointed by Oliran Services, with the costs of the mediation to be borne equally by the parties to the Dispute;
d. the parties to the Dispute shall use their best endeavours to ensure the mediation takes place within 30 days of a mediator being appointed; and
e. any mediation that takes place pursuant to the operation of this clause is to take place in Lagos, Nigeria.
9.5 Except for the purpose of obtaining urgent interlocutory or declaratory relief from a court of competent jurisdiction, no party shall commence any proceedings in any court, tribunals or otherwise without first providing a Dispute Notice and complying with the dispute resolution process set out in this clause.
All Fees relating to Services shall be paid and delivered through the Oliran Services platform or its accredited Payment Gateway only, and in no event directly to any applicable Provider or third party or otherwise outside of the Oliran Services platform or it accredited Payment Gateway, regardless of whether it is Oliran Services or a third party that has performed the Services. All invoices generated for or on behalf of Oliran Services relating to First Party Services will come from Oliran Services.
11. Worker Classification and Withholdings
Each Employer assumes all liability for proper classification of such Providers as independent contractors or employees based on applicable legal guidelines.
Employers do not have authority to enter into written or oral —whether implied or express —contracts on behalf of Oliran Services. Each Employer acknowledges that Oliran Services does not, in any way, supervise, direct, or control a Provider work or Tasks performed in any manner. Oliran Services does not set a Provider’s work hours or location of work. Oliran Services will not provide any equipment, labor or materials needed for a particular Task.
The Service is not an employment service and Oliran Services does not serve as an employer of any Provider. As such, Oliran Services will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Provider’s services.
You agree to indemnify, hold harmless and defend Oliran Services from any and all claims that a Provider was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Provider was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Oliran Services was an employer or joint employer of a Provider, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
12. Confidential Information
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Oliran Services and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Oliran Services in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information.
You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Oliran Services upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Oliran Services trade secrets, confidential and proprietary information and all other information and data of Oliran Services that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
13. No Agency
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
14. General Provisions
Failure by Oliran Services to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and Oliran Services with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Oliran, its successors and assigns.
15.Changes to this Agreement and the Service