WEBSITE TERMS AND CONDITIONS

Effective date: September 8,2020

These terms and conditions apply to you, the user of this website (including any sub-domains, unless expressly excluded by their own terms and conditions), and MAGNUS KPAKOL, the owner and operator of the following website: phenomenalhcd.com with the following URL web address: www.phenomenalhcd.com

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS

1. Definitions : 
   “Parties” mean both you (the user of the service) and the owner of this service.
   “Content” means any content, writing, images, audio-visual content or other information published on this service.
   “Your content” means any audio, video, text, images or other material you choose to display on this website, subject to the restrictions provided in this agreement.
   “Material” means any material we may provide to you in connection with your use of our products including documentation, data, information developed any use or other materials which may assist in your use of the phenomenalhcd.com.
   “Terms” means these terms and conditions.
   “Service” means the website including all pages, subpages, all blogs, forums and other connected internet content whatsoever.
   “Third party Goods/Services” means goods, products or services of third party that may be advertised on the website.

2. About the website :The website is comprised of various web pages operated by Magnus kpakol. The website phenomenal-HCD promotes a culture of knowledge, technical solutions and income growth. The phenomenal web application is the primary arena for promoting human capital development activities. It is a platform to promote a culture of human capital development by sharing ideas among persons, organizations, communities and throughout society.

3. Agreement
   a) By using this website, you acknowledge that you have reviewed, considered the terms of this agreement and understand same and therefore agree to be bound by it. If you do not agree with these terms or do not intend to be bound by it, you must quit the use of this website immediately. In addition, when using these services, you shall be subject to any posted guidelines or rules applicable to such services. Accordingly, any participation in this service shall constitute acceptance of this agreement.
   
   b) By using this website and agreeing to these terms, you represent and warrant that you have the legal capacity to accept these Terms.


4. Acceptable use
   We hereby grant you the licence to use our services for your personal, non-commercial use to retrieve, display and view content on your screen.
   The licence creates under these Terms is limited, non-exclusive, non-transferable and revocable.
   You agree that you will not use the contents or materials for any other purpose which may be contrary to your license to use this service.
   Any unauthorized use by you shall terminate the permission or license granted by this website.


5. Prohibited Use : You agree not to use the Service in the following manner:
   to harass, abuse or threaten others or otherwise violate any person's legal rights;
   to perpetrate fraud;

iii. to create or transmit unnecessary spam to any person or URL;

1. to post, transmit or cause to be posted or transmitted, any communication or solicitation designed to obtain password, account or private information of other Users or persons;


2. to post copyrighted content which does not belong to You and without obtaining the prior consent of the author;


3. to use robot, spider, scraper or other automated means to access this Service without obtaining the prior consent of the Owner;

 vii. to engage in or create any unlawful gambling, sweepstakes, or scheme;

viii. publishing or distributing any obscene or defamatory material;

1. using this Service in any way that impacts user access to the Website;


2. to engage in advertisement or solicit any User to buy or sell products or services without obtaining the prior consent of the Owner;


3. disseminating computer viruses or other software;

xii. violating any intellectual property rights of the Owner or any third party;

xiii. to use the website or any of the services for illegal spam activities

1. Additionally, you agree that you will not do as follows;


2. interfere or attempt to interfere with the proper working of this website; or


3. by pass any measures we may use to prevent or restrict access to this website;

iii. to interfere with or circumvent the security features of this website;

1. to damage, disable overburden or impair this service or any other person’s use of this website;


2. to use this service contrary to the applicable laws and regulations or in a way that causes or may cause harm to this website, any person or business entity;


3. The owner has the authority to review all content posted by the users on this website and we reserve the right to terminate your use of this service for violating any of the prohibited uses.


4. You acknowledge that the website does not control the content or any information that may be posted by other users. Consequently, it is not responsible or liable for those content and information.

6. Intellectual property ownership : You agree that we retain ownership of all content included on the website (text, graphics, video, software, data, page layout, images and any other information capable of being stored in computer) other than the contents uploaded by users.
   You are granted a limited licence only. Subject to the restrictions provided in this terms, nothing on this website shall be construed as granting any licence or right to use any trademark or logo displayed on the website without obtaining the prior written consent of the owner.
   You hereby agree not to reproduce or distribute the owner’s intellectual property or use the intellectual property for any unlawful purpose.

 

7. Your Content: You undertake that you retain the exclusive right and ownership of your content and you are not infringing on any third party rights.
   You retain all rights and ownership to your content. However, when you upload your content, You give the Owner worldwide license to communicate, distribute, host, make modification or derivative works (solely for the purpose of showcasing Your work), reproduce, publicly display, perform and use such content. The license granted by you is for the purposes of marketing, promoting, and improving services.
   The Owner reserves the right to remove any of your content or any content that is unlawful, offensive defamatory, or otherwise objectionable or violates any intellectual property rights or these Terms.


8. User Account : You may be required to register with us to have access to certain content on the website.
   You will be required to provide certain personal information, which includes but not limited to your name, user name, email address and password. The information provided must be correct and accurate.
   These personal information must not be disseminated to anyone and when you discover that your information has been compromised, you agree to notify us immediately. You also acknowledge that you are responsible for the security of your personal information and that the Owner does not accept liability for the security of your account, as you agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities under your account.


9. The Owner reserves the right to terminate your account where you have provided false inaccurate or incorrect information


10. It is at the sole discretion of the Owner to terminate the account or refuse to provide Service to any User at any time and for any reason.


11. For registered users:


12. You provide personal information, such as your name, user name, email address, and phone number to register for an account on the website.

 We may also require other information in relation to but not limited to the following:

For registered and unregistered users: We will collect passive information from all users. This information includes cookies, IP address information, location information and certain browser information.

 User experience: From time to time we may also request certain Personal Data that may be necessary to improve our Service. We may also receive information from external applications you use to access our Service or information through various web technologies, such as cookies, log files, clear gifts with your permission.

1. How we use the information: We use your information to provide personalized service to you. We also use it to help monitor and improve the Service we offer. We may also track certain information received to improve our marketing. We will only use your personal data for the purpose it was intend and with your permission.


2. How to protect your information: We will use administrative security measures to reduce the risks of loss or misuse. While the security of your information is paramount to us, we cannot guarantee its absolute security. If you choose to terminate your account, your personal information will be deleted immediately.

 

10. Links to Third Party Sites/Services

The website may contain links to other websites. These linked Sites are not under our control and you agree that we are not liable for the contents of any linked Sites or link contained in any linked Site.

11. Electronic Communications

You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on this Website, satisfy any legal requirements that communications must be in writing.

12. Reverse Engineering and Security

You hereby agree as follows:

1. not to reverse engineer or permit the reverse engineering or dissemble any code or software from or on the Website or Services; and


2. not to violate the Security of the Website or other Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.


3. Affiliate Marketing and Advertisement

We may engage in affiliate marketing and advertisement whereby we receive commission on the sale of Third Party Goods and/or Services through our Service. We may also accept advertising and sponsorship from commercial businesses or receive other forms of advertising compensation.

14. Change to Service:
    You accept that the owner may vary, alter, amend, or update the content or service, at any time and without your consent.
    You also agree that this service may not be available at all times and this may be as a result of the maintenance or for any other reason and we shall not be held liable for the failure to provide this service.


15. INDEMNIFICATION: You hereby agree to indemnify the owner, it’s employees, agents, and third parties from and against all liabilities, cost, demands, cause of action, damages and expenses (including reasonable attorney’s fees) arising out of your use or inability to use, any uploads made by you.

 

16. NO WARRANTIES: You agree that you use this website solely at your risk, as the owner does not warrant the accuracy of the content of this website. You assume all the risk of viewing, reading, downloading the content of the website.
    The owner expressly disclaims all express and implied warranties such as implied warranty of merchantability, as the owner makes no warranties that the website or other services will be accurate, error free, secure or uninterrupted.
    The owner makes no warranty about the sustainability, reliability, availability, timeliness and accuracy of the information, contents and other materials contained herein for any purpose.
    The owner hereby disclaims all warranties and conditions with regard to the information, software products, related graphics and materials, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
    You also agree that the owner and its affiliates shall not be liable for any direct, indirect, punitive and all other consequential damages or any damages whatsoever including, but not limited to damages for loss of use, data or profits, the failure to provide services or for any information, software, products, services, related graphics and materials obtained through the website, or otherwise arising out of the use of the website, whether based on contract, negligence, strict liability, or otherwise.

 

17. SERVICE INTERRUPTION: The owner may from time to time interrupt your access or use of this website to perform some maintenance or emergency services and you agree that the owner shall not be held liable for any damage, loss which may arise thereof.

 

18. TERMINATION/RESTRICTION OF ACCESS : The owner reserves the right, as its sole discretion, to terminate your access to this website and the related service or any part thereof at any time, for any reason and without notice.
    The owner shall have the right to terminate or suspend your account for violating the terms and conditions of this service.
    If you register with us, you may terminate this service at any time by issuing a prior notice to us. Once this is done, you will no longer be bound by the provision of these Terms.

19. General provisions


20. Assignment: The owner shall be permitted to assign, transfer its rights and/or obligations under these Terms. However, you shall not be permitted to assign, transfer any rights and/ or obligations under these terms.


21. Entire agreement: These terms, disclaimers and any other agreement relating to the use of this website constitute the entire agreement and shall supersede any other agreement.


22. Separate agreements: you may have other agreements with us. Those agreements are separate from these terms. These terms are not intended to alter, amend, revise or replace the terms of the other agreement.


23. Applicable law: These terms may be governed and construed in accordance with the laws, regulations or guidelines of the Federal Republic of Nigeria and other treaties, or regulations which is applicable in Nigeria.