User Agreement

Instalment Payment Agreement

Please read this Installment Payment Agreement (the “Agreement”) carefully. By clicking to accept this Agreement and purchasing a good or service from Emaxie you agree to be bound by this Agreement. As used in this Agreement, the term “Sites” includes any physical store of the Emaxie, Emaxie’s CDCare Mobile Apps, Emaxie’s websites, pages within the websites, any equivalent mirrors, replacements, substitutes or backup websites, and pages that are associated with these websites. This Agreement includes and hereby incorporates by reference the following important terms, as they may be in effect and modified from time to time: our Terms of Use, Privacy/Cookie Policy, Proprietary Rights Infringement Reporting Procedures and Terms of Service. These terms collectively, with this Agreement, constitute the “Agreement”. The headings contained in this Agreement are for reference purposes only. You should print a copy of this Agreement for your records.

 

1. Parties to this Agreement

This Agreement is a contract between you (“you”, “your”) and Emaxie (“we”, “us”, “our”). For the avoidance of doubt, Emaxie means Emaxie Limited. This Agreement sets your agreement with Emaxie on your purchase of goods or services on the Sites using the instalment payment plan. You agree that your acceptance of the Terms and Conditions and use of the Installment Plan feature shall constitute your acceptance of this Agreement.

 

If you do not want to be bound by this Agreement, you must not make a purchase using the Installment Plan feature.

 

2. Our Relationship

By placing an order with us using the Installment Plan feature, you agree to pay to us, in accordance with this Agreement, the agreed amounts on the dates outlined in your Instalment Payment Schedule, plus any additional applicable Late Fees as contained in our Terms and Conditions, Terms of Use and relevant part of our Terms of  Service if you miss a payment to us on or before the schedule.

3. Changes to this Agreement

We may amend this Agreement from time to time. If we make any changes to this Agreement that we deem to be material, we will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement made available via our Site from time to time to see if it has changed. If you do not agree with the changes, do not place any further orders using the Installment Plan feature.

 

We will not change any terms and conditions for an existing order that has been accepted; the terms and conditions that will apply to an accepted order are the terms and conditions that applied at the time you made the order. You hereby agree to save a copy of this Agreement as at the date your order is approved for reference.

 

4. Transfers or Assignments

You cannot transfer or assign any rights you may have under this Agreement without our prior written consent.

You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent.

You agree that we may transfer or assign this Agreement, and any rights under this Agreement, to a third party without notice to you or your consent.  If, after such assignment, you desire to return goods you purchased from us, or have a complaint regarding your order, please contact us directly via Emaxie Limited 12 Adenekan Street, Fadeyi, Igbobi, Lagos, Phone: +2348113651836, or send a mail to support@cdcare.ng. Note that any questions or complaints regarding the Installment Plan feature should be directed to Emaxie Limited.

 

5. Eligibility Requirements

By entering into this Agreement, you represent and warrant that you meet the eligibility requirement as contained in our Terms and Conditions and thus eligible to use the Installment Plan feature. Registration for, and use of, the Instalment Payment Plan Services shall be void where you are found to be ineligible.

 

6. Resolving Dispute on Installment Plan Feature

This Agreement provides that all Disputes between you and us will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR, and your claims cannot be brought as a class action. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AS DESCRIBED in our “Arbitration” Terms.  Please read our Term of Use for the details regarding your agreement to arbitrate any Disputes with us.

 

7. Description of The Payment Plan

For ease and convenience, Emaxie is offering the option to first reserve, then later begin installment payment over a fixed period of times as specified and pursuant to applicable Terms and Conditions. You acknowledge and agree while using this feature, that until your FIRST Instalment Payment is made in accordance with our Terms and Conditions, your order reservation and participation in the Instalment Payment Plan operates only as a ticket reservation and not as an actual purchase order for which Emaxie will be bound. During this period, your ticket order will be reserved until the first Instalment Payment is due and paid, and ONLY at such time, shall your Purchase Order be deemed to have been officially made and shall then be scheduled for delivery in accordance with our Terms and Conditions subject to your compliance with the said Terms and Conditions. Using this feature requires you to make your first payment as and when due otherwise your ticket reservation will automatically cancel.

 

You are responsible for ensuring that you have sufficient funds via your Payment Method available to make Installment Payments on the dates specified in your Payment Schedule.  If you fail to make payments in accordance with your Payment Schedule, Emaxie reserves the right to limit, restrict, suspend or terminate your access to the Installment payment feature.

 

You agree that the Installment Payment feature is not a loan and there is no interest associated with the use of the feature and Emaxie do not give any express warranty or guarantee as to the suitability, or availability of the Installment Payment feature.

 

8. Your Use of Emaxie Services

  1. You promise to pay the full amount of the purchase price in accordance to your scheduled Installment Payments.

  2. You agree that all information that you provide to us is true, complete and accurate and you agree not to misrepresent your identity or your User Account information.

  3. You further agree to keep your User Account information up to date and accurate.

  4. If your information, including your Payment Method information, changes, you agree to notify us immediately.

  5. You are responsible for maintaining the security of your User Account details from your end. If you believe your User Account may have been subject to an unauthorized transaction, account takeover or other fraudulent activity, please contact Emaxie immediately.

 

9. Prohibited uses of the Installment Feature

You agree not to use the Installment Payment feature for any unlawful or fraudulent activity and to immediately contact us if you believe that your Payment Method may be subject to an unauthorized transaction, account takeover or other type of fraudulent activity or security breach. 

 

By using the Installment Payment feature you agree that you will not do any of the following:

  1. Engage in any activities related to the Installment Payment feature that are contrary to any applicable law or regulation or the terms of any agreement you may have with Emaxie;

  2. Provide false, inaccurate or misleading information to Emaxie;

  3. Provide information belonging to any person other than yourself;

  4. Use a User Account that belongs to another person for yourself or on behalf of another person

  5. Use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Installment Payment feature or to surreptitiously intercept or expropriate any system, data or personal information from the Installment Plan feature;

  6. Breach this Agreement or any other agreement, terms and conditions or policy that you have agreed to with Emaxie or our Affiliate and Third-Party Partners;

  7. Use the Installment Payment feature to accomplish a cash advance;

  8. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique; or

  9. Commit unauthorized use of the Sites, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to the Site or opening or using multiple User Accounts.

 

You may request to close your User Account by contacting Emaxie directly at:

Emaxie Limited

12 Adenekan Street, Fadeyi,

Igbobi, Lagos

Phone: +2348113651836

Email: support@cdcare.ng

 

You agree that you may only request to close your User Account if:

  1. All amounts owing by you (including any Late Fees) have been paid in full; and

  2. no disputes or refunds are in progress.

 

You agree that Emaxie may close your User Account for any reason, upon giving you at 30 days’ notice. This Agreement will continue to apply to any orders accepted prior to such closure until all amounts owing are received in full (including any Late Fees).

 

Except as otherwise stated, this Agreement will be terminated once your User Account is closed. However, you will remain liable for all outstanding obligations related to the User Account even after your account has been closed in line with the terms in our Terms of Use.s

10. Transaction Information

You agree that ALL SALES, AND DELIVERED SERVICES ARE FINAL AND NON-TRANSFERABLE, NO REFUNDS, NO EXCHANGES, NO RESALE, AND NOT REDEEMABLE FOR CASH.

You agree that all inquiries (not claims) relating to either Payment transactions as processed by our Payment Service Provider or to your participation in the Instalment Payment Plan must be directed to Emaxie for handling. Emaxie can be contacted using the below information:

Emaxie Limited

12 Adenekan Street, Fadeyi,

Igbobi, Lagos

Phone: +2348113651836

Email: support@cdcare.ng

11. Automatic Payment Authorization:

  1. You authorize us to automatically charge to the payment card number on the due date and other payment method information you provided (collectively, the "Payment Method") the amount of each payment under your Installment Payment Plan on or about the due date thereof.

  2. Each charge will be processed in Naira and, if a charge is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate.

  3. Because of the consequences of failure to make a payment on time as contained in our Terms and Conditions, you agree that you are responsible for notifying us immediately of any change in your Payment Method, including without limitation if your payment card number or expiration date changes or if your payment card is lost or stolen and replaced with a new payment card.

  4. You agree to update your Payment Method by logging onto your User Account on our Site.

  5. You agree to make Installment Payments in accordance with your Payment Schedule. You may make early payments through your User Account.

  6. You hereby expressly consent to, authorize and instruct Emaxie to

  1. initiate recurring debit card payments from the debit card you specify in your User Account; or

  2. to initiate recurring charges from your specified credit card, for the amounts, and on those scheduled dates, set out in your Payment Schedule.

  1. All Installment Payments will be automatically charged to the designated credit or debit card in accordance with your Payment Schedule.

  2. You acknowledge that you are giving Emaxie the ability to collect or reverse variable payment amounts from or to your Payment Method, in accordance with your Payment Schedule and the terms of this Agreement.

  3. You agree to be bound by any rules that your debit or credit card issuer requires for pre-authorized debit or credit card transactions.

  4. You are responsible for all fees charged by your financial institution associated with the Installment Payment.

  5. You agree to update all changes to your credit/debit card information by logging into your CDcare User Account via Emaxie’s website or mobile app.

  6. If you do not update your credit/debit card information and Emaxie is unable to charge your credit card or withdraw funds from your debit card for the amount due, you will be subject to late fees as stipulated in our Terms and Conditions and you may be subject to fees or charges assessed by your financial institution for which Emaxie has no connections.

 

Emaxie SHALL NOT BEAR ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR CREDIT CARD IS CHARGED, except to the extent that such fees or charges arise as a result of Emaxie’s error or system failure. If any fees or charges are imposed as a result of Emaxie’s error or system failure, please provide Emaxie with a copy of the relevant records, and if Emaxie determines such error was made by it then it will reimburse you for the relevant fees or charges provided the money paid in error is within its coffers or assist you in putting a claim forward to the appropriate channels for you to be reimbursed where the money paid in error is not within Emaxie’s coffers.

12. Order Confirmation and Cancellation

You agree that all orders that you place with us for which you’re to utilize the Installment Plan feature are subject to approval by Emaxie. In its reasonable discretion, Emaxie may choose not to provide the Installment Payment feature to you even after initial approval, or chose to suspend or close your User Account or to cancel an approved order before the goods or services are delivered or supplied, if:

  1. Emaxie reasonably considers this necessary in order to protect the integrity of its systems or the Installment Payment feature,

  2. prevent fraud or otherwise protect against legal, regulatory or non-payment risk;

  3. Emaxie reasonably suspects, or is aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement on the applicable Due Date); or

  4. Emaxie otherwise reasonably consider the order to be suspicious.

Emaxie may choose not to provide the Installment Payment feature to you at any time for any reason, including but not limited to your history of transactions on our Sites, to prevent fraud or if you violate any term of this Agreement.

 

If Emaxie cancel your previously approved use of the Installment Payment feature, Emaxie will apply a full refund of any amounts you have paid for which Services are yet to be made or device(s) are yet to be delivered (excluding any chargebacks or other fees incurred by Emaxie in relation to your payment) to your Payment Method or, if that is not possible, to any other payment source as directed by you (and approved by Emaxie), and will cancel any future payments related to that order;

 

We will not be obliged to deliver the goods (or provide the services) the subject of the order, unless required to do so by law;

 

You will have no obligation to make any further payments to us, or continue any other ongoing relationship with us, with respect to that order; and

 

If you wish to proceed with the purchase from us, we may accept an alternative payment method in our discretion, or if required to do so by law.

13. Assessment and Checks

You agree to provide any information or documentation reasonably requested by Emaxie to verify your identity in connection with your User Account or orders.

 

You authorize Emaxie to make, directly or through third parties, any inquiries it considers necessary to verify your identity and assess your capability to make payments according to the Instalment Payment Schedule in relation to all orders placed using the Installment Payment feature.

 

All information that Emaxie receives about you, including information collected in connection with the verification of your identity, will be collected, used and stored in accordance with our Privacy Policy located on our Site. You authorize Emaxie to disclose to third parties, to the extent required by any applicable law or regulations, any information in relation to you or your User Account.

 

You agree that as part of Emaxie’s approval process and assessment as to whether or not you have the means to fulfill your obligation to make future payments according to the Instalment Payment Schedule, Emaxie reserves the right, directly or through third parties, to conduct an assessment of your Payment Method.

14. Refunds (Cancellation of Pay Before You Go Only)

You agree that if you request to cancel your Instalment Payment Plan before we render your ordered service(s) or deliver your ordered device(s), your order or your ticket reservation as the case may be will be permanently and officially cancelled, following our email notification to you of the cancellation(s) and the initial deposits or prior payment(s) made by you shall be refunded back to the account or credit card on your User Account for the Instalment Payment plan order;

You agree that only cancellations which happens before your instalment payment has been paid in full and before your ordered service(s) or device(s) have been delivered is refundable, and refund will be paid no sooner than 30 days after the date of cancellation.

15. Short Message Service (“SMS”) Communications

As part of the Installment Payment feature, Emaxie may send you SMS messages. You agree to receive SMS messages to each telephone number provided by you to Emaxie regarding the Installment Feature. You understand that such SMS may be placed using an automatic telephone dialing system or may include automated SMS messages. Your consent is required to allow Emaxie to contact you and you hereby consent that Emaxie can contact you. You agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.

If you wish to withdraw your consent to have Communications provided via SMS, you may opt-out of receiving SMS from Emaxie at any time by emailing us at support@cdcare.ng. Upon receipt of your message, Emaxie will process the request and it will be effective only after Emaxie has a reasonable period of time to process your request. If you withdraw consent, you may be prevented from using the Installment Payment feature in the future.

16. Data Provided To Third-Party Sites, Links

Emaxie’s Services, including the Payment Plan, may contain links to web sites of third-parties. By virtue of your participation in Emaxie’s Payment Plan, you may be directed to a third-party website(s) including without limitation, websites controlled and operated by independent payment processors, merchant and on-line payment processors and administrators, or fraud detection, monitoring and management service providers (“Third Party Processors”), among others, and you acknowledge that such Third Party Processors’ sites are not under the direct or indirect control of Emaxie and that Emaxie is not, and shall not be, held responsible for the handling or processing of any information obtained from or provided by you to such Third Party Processors or for any changes or updates to such Third Party Processors’ terms and conditions or to their websites. You additionally acknowledge and agree that all “Third Party Processors” may subject you to additional terms and conditions in addition to those set forth in this Agreement. Although Emaxie and its “Third Party Processors” may occasionally use various ways of verifying information that you have provided, you nonetheless agree that Emaxie and its Third Party Processors shall have no liability to you arising from any incorrectly verified information as verified by us, or any Third Party Processor. You further agree that Emaxie will not be responsible or liable for any loss or damage whatsoever incurred by you as a result of any such dealings with Third Party Processors.

17. Disclaimer of Warranty

THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT EMAXIE PROVIDES THE SERVICES ON AN “AS IS” OR “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES. EMAXIE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES PROVIDED ON THIS SITE OR THAT THE SERVICES PROVIDED BY THIRD PARTY PROCESSORS WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. EMAXIE DISCLAIMS ON BEHALF OF ITSELF AND ITS “THIRD PARTY PROCESSORS” ANY AND ALL LIABILITY, AND NO WARRANTY IS MADE BY EMAXIE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR ITS OVERALL USEFULNESS. IF ANY TERM OR PROVISION OF THIS AGREEMENT IS FOUND TO BE INVALID, ILLEGAL, OR OTHERWISE UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL NOT AFFECT THE OTHERWISE VALID TERMS OR PROVISIONS OR THE WHOLE OF THIS AGREEMENT. 

 

THE APPLICABLE TERMS OR PROVISIONS SHALL BE DEEMED MODIFIED TO THE EXTENT NECESSARY TO RENDER SUCH PROVISION ENFORCEABLE, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES WILL BE CONSTRUED AND ENFORCED ACCORDINGLY.

18. Limitation of Damages

To the extent not prohibited by law, under no circumstances shall we, our subsidiaries, partners, or affiliates be liable to you for:

  1. personal injury or any indirect, incidental, consequential, special or exemplary damages, arising from or relating to this Agreement, the use of or inability to use an Emaxie Services via your User Account, the Installment Payment feature, or our or your liabilities to third parties arising from any source; or

  2. except as required under applicable law, any indirect, incidental, consequential, special or exemplary damages, arising from or relating to the conduct of you or anyone else in connection with the use of your User Account or the Installment Feature, including, but not limited to, damages arising from your failure to provide us with accurate information or a third party’s failure to correctly verify such information.

You agree that if any lawsuit or court proceeding is permitted under this Agreement, the aggregate liability of us, our subsidiaries, partners, and affiliates, subsidiaries, partners, and affiliates to you for all claims arising out of or related to this Agreement or your use or inability to use the Installment Feature will not (other than as may be required by applicable law in cases involving personal injury) exceed the greater of either (a) the amount of your affected order(s) giving rise to such damages, or (b) the amount of 20,000 thousand naira (N20,000.00).  These limitations will apply even if the above stated remedy fails of its essential purpose.

 

IN NO EVENT WILL EMAXIE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES PROVIDED ON THIS SITE OR SERVICES PROVIDED BY THIRD PARTY PROCESSORS, EVEN IF EMAXIE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IT IS FURTHER AGREED BY YOU THAT UNDER NO CIRCUMSTANCES WILL EMAXIE’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF ANY SERVICES OR THE SITE, EXCEED THE AMOUNT OF 20,000 THOUSAND NAIRA (N20,000.00) OR ITS EQUIVALENT.

19. Indemnification

You agree to indemnify, defend, covenant not to sue, and hold harmless Emaxie and each of its officers, directors, employees, principals, agents and related third parties, for any losses, costs, liabilities and expenses (including attorneys’ fees and costs at the trial and appellate levels) directly or indirectly relating to or arising from any claim regarding

  1. your use of or inability to use Emaxie’s Site or its Services,

  2. Emaxie’s discontinuation of the Instalment Payment Plan service;

  3. your violation of any terms or conditions of this Agreement or your default of any or all of the payment terms associated with the Installment Payment Plan, or

  4. your violation of any rights of a third party, including but not limited to any negligent or willful misconduct of your employees, contractors, or agents, or a breach of any contracts or other relationships between you and third parties;

  5. your violation of any applicable laws, rules or regulations unless caused solely by our gross negligence or willful misconduct; or

  6. your failure to provide and maintain true, accurate, current and complete information in your User Account, including but not limited to information regarding your Payment Method.

Notwithstanding the foregoing, Emaxie further reserves the sole and exclusive right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall fully cooperate with Emaxie in asserting any available defences.

20. Arbitration

You agree that the binding arbitration and class action waiver provisions described in this section (“Arbitration”) and in the relevant portion of our Terms of Service will apply to all Disputes between you and Emaxie.

 

To expedite resolution and the cost of any dispute, controversy or claim between you and us related to any dispute or controversy arising from or relating to this Agreement, your use of any part of our Services or the Installment Payment feature or the enforcement of any provision of this Agreement (a “Dispute”), you and we agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding.

Such informal negotiations will commence upon receipt of a written notice (each, a “Notice”). Your address for such Notices is the email address you have provided in your User Account. Our address for such Notices is: Emaxie Limited, 12, Adenekan Street, Fadeyi, Igbobi, Lagos. Phone: +2348113651836, Email: support@cdcare.ng.

Any Notice from you must include your name, pertinent account information, a brief description of the Dispute, and your contact information, so that we may evaluate the Dispute and attempt to informally resolve the Dispute. Any Notice from us will include pertinent account information, a brief description of the Dispute, and our contact information, so that you may evaluate the Dispute and attempt to informally resolve the Dispute.

If the informal negotiations are successful, no further action is necessary.

 

IF EITHER YOU OR EMAXIE (“PARTIES”, “PARTY”) ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, PARTIES AGREE THAT ANY PARTY TO THE DISPUTE MAY ELECT TO HAVE THE DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY EXCLUDED BELOW) FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT.

 

Arbitration Procedure

  1. The arbitration will be commenced and conducted under the Lagos State Arbitration Law 2009. For the purposes of arbitration, the following provisions shall apply; 

  2. There shall be 1 Arbitrators, to be appointed in line with the Lagos State Arbitration Law 2009.

  3. The place of arbitration shall be in Lagos, Nigeria. 

  4. Proceedings shall be conducted in the English language. 

  5. The arbitral award shall be final and binding upon Parties and the award in respect thereof may be entered as judgment in any court having jurisdiction provided always that this paragraph shall not operate to deny you or Emaxie the right to appeal the award in accordance with the applicable laws and rules of courts in Nigeria.

  6. Costs and fees (other than attorney’s fees) associated with the mediation or arbitration shall be shared equally by you and Emaxie

  7. You and Emaxie shall each be responsible for its attorney’s fee 

  8. The arbitration may be conducted in person, through the submission of documents, by phone or online.

  9. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party.

  10. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

 

Exceptions to Arbitration

Except as otherwise provided in this Agreement, you and we may litigate in court to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

 

Parties hereby agree that the following Disputes are not subject to the above provisions on binding arbitration:

  1. any suit to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator;

  2. any suit by Emaxie to recover the unpaid balance of any instalment payment after device(s) has been delivered to you or service(s) has been rendered to you.

  3. any suit to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed; or

  4. any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

 

In addition, either party may assert claims, if they qualify, in small claims court in Lagos State.

 

The parties agree that any arbitration will be limited to the Dispute between us and you individually. TO THE FULL EXTENT PERMITTED BY LAW:

  1. NO ARBITRATION SHALL BE JOINED WITH ANY OTHER;

  2. THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS-ACTION PROCEDURES; AND

  3. THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

 

You may opt-out of the foregoing arbitration provision of this Agreement by NOTIFYING US IN WRITING WITHIN 30 DAYS OF THE DATE YOU LAST PLACED AN ORDER. To opt-out, you must send a written notification to us at Emaxie Limited 12 Adenekan Street, Fadeyi, Igbobi, Lagos. Phone: +2348113651836 Email: support@cdcare.ng Attention: Legal, and include (i) your User Account identification, (ii) your name, (iii) your address, (iv) your telephone number, (v) your email address and (vi) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration provisions.

 

21. Right to Seek Injunction

Violation of this Agreement by you shall cause Emaxie irreparable harm, and you therefore agree that Emaxie will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to, and without prejudice to, any other rights or remedies that Emaxie may have for a breach of this Agreement.

22. Complaints and Disputes

If you have a complaint with us arising out of or related to any Purchase or the Installment Payment feature, you should file a dispute through direct contact with us by following our Dispute Notice procedures.

We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.

23. Applicable Law and Jurisdiction

Except if expressly provided otherwise, this Agreement is governed by, and will be construed under, the laws of the Federal Government of Nigeria. Judicial proceedings that are excluded from the agreement to arbitrate above and other than small claims actions must be brought in Lagos State, unless we both agree to some other location.  You and we both consent to venue and personal jurisdiction there.

24. Miscellaneous

This Agreement, which you accept upon use of the Site and/or the Services (including the Instalment Payment Plan), comprises the entire agreement between you and Emaxie regarding the use of the Site and/or the Services and it incorporates all provisions of our Terms of Service related to your use of the Site and/or the Services. To the extent that FAQ’s where found on the Site to be relative to the Services being provided herein, such FAQ’s are for informational purposes only and shall not be deemed to be part of this Agreement. Unless otherwise explicitly stated, this Agreement will indefinitely survive termination of your use of the Site or the Services. The failure of Emaxie to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You may terminate this Agreement by deleting your User Account and paying all amounts you owe (including any fees or expenses incurred or imposed by Emaxie) in full. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from us if, in our sole discretion, you fail to comply with any term or provision of this Agreement.