1. Contractual Relationship
These Terms of Use (“Terms”) govern your access or use, from within Nigeria and its territories and possessions, of the applications, websites, content, products, and services (the “Services” as more fully defined below in Section 2) made available in Nigeria and its territories and possessions by Locohozt and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Locohozt” or “Zenus360”).
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND LOCOHOZT. In these terms, the words “including” and “include” mean “including, but not limited to.”
By accessing or using the Services, you confirm your agreement to be bound by these Terms, which establishes a contractual relationship between you and Locohozt. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Locohozt may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH LOCOHOZT ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular estate, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Locohozt may amend the Terms related to the Services from time to time. Amendments will be effective upon Locohozt’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Locohozt changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Locohozt written notice of such rejection within 30 days of the date such change became effective, as indicated in the Effective date above. This written notice must be provided either (a) by mail or hand delivery to our principal office for service of process, or (b) by email from the email address associated with your account. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
Locohozt’s collection and use of personal information in connection with the Services is as provided in Locohozt’s Privacy Policy Statements.
2. The Services
The Services constitute a technology platform that enables users of Locohozt’s mobile applications or websites provided as part of the Services (each, an “Application”) to manage their estate, receive and view demand notices, fund a wallet, and make payments to their estate management company. Unless otherwise agreed by Locohozt in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT LOCOHOZT PROVIDES A TECHNOLOGY PLATFORM AND DOES NOT ITSELF PROVIDE ESTATE MANAGEMENT SERVICES, AND THAT SUCH SERVICES ARE PROVIDED BY THE INDEPENDENT ESTATE MANAGEMENT COMPANIES (“ESTATE MANAGERS”) THAT ADMINISTER EACH ESTATE AND ARE NOT EMPLOYED BY LOCOHOZT OR ANY OF ITS AFFILIATES.
License
Subject to your compliance with these Terms, Locohozt grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Locohozt and Locohozt’s licensors.
Restrictions
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Locohozt; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Ownership
The Services and all rights therein are and shall remain Locohozt’s property or the property of Locohozt’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Locohozt’s company names, logos, product and service names, trademarks or service marks or those of Locohozt’s licensors.
3. Your Use of the Services
User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”), or be added to a property by your Estate Manager. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Locohozt certain personal information, such as your name, address, mobile phone number and age, and may require at least one valid payment method (either a card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or Locohozt’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Locohozt in writing, you may only possess one Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to your Estate Manager, other residents, or any other party. In certain instances you may be asked to provide proof of identity or proof of your relationship to a property to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide such proof.
Text Messaging
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Locohozt at any time by following the directions found at zenus360.locohozt.com.
You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
User Provided Content
Locohozt may, in Locohozt’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Locohozt through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Locohozt, you grant Locohozt a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Locohozt’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Locohozt the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Locohozt’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Locohozt in its sole discretion, whether or not such material may be protected by law. Locohozt may, but shall not be obligated to, review, monitor, or remove User Content, at Locohozt’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Locohozt does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. Payments & Billing
You understand that use of the Services may result in charges to you for service charges, dues, levies, and other amounts issued by your Estate Manager through demand notices (“Charges”). Locohozt will facilitate your payment of the applicable Charges to your Estate Manager. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Estate Manager. Charges may include other applicable fees, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by your Estate Manager or Locohozt.
Charges are due as stated in the applicable demand notice and payment will be facilitated by Locohozt using the preferred payment method designated in your Account or your wallet balance, after which a receipt or confirmation will be provided. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Locohozt may use a secondary payment method in your Account, if available.
As between you and Locohozt, the right to establish, remove and/or revise Charges for service charges and dues rests with your Estate Manager. Fees, commissions, or other applicable charges will be clearly displayed before you confirm a transaction. Upon successful payment, a receipt or confirmation will be provided to the payer.
Locohozt uses a third-party payment processor, Paystack, to handle payments between residents and Estate Managers. By using Zenus360, you agree that all financial transactions will be processed through Paystack, and you will be subject to their terms and privacy policies.
Locohozt does not store or manage your card or bank account details directly. All transactions are secured and encrypted by Paystack’s infrastructure.
Locohozt reserves the right to update or change its pricing and platform fee model at any time. We will make reasonable efforts to inform users of such changes in advance.
IMPORTANT: Each Estate Manager is responsible for its own tax compliance in respect of the charges and dues it collects. Locohozt only collects and remits taxes on its platform fees in accordance with Nigerian law.
5. Disclaimers; Limitation of Liability; Indemnity
Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LOCOHOZT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LOCOHOZT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY ESTATE MANAGEMENT SERVICES ADMINISTERED THROUGH THE PLATFORM, OR THAT THE SERVICES WILL BE ERROR-FREE. LOCOHOZT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, OR ABILITY OF ANY ESTATE MANAGER. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability
LOCOHOZT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE ZENUS360 PLATFORM, EVEN IF LOCOHOZT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOCOHOZT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY ESTATE MANAGER, EVEN IF LOCOHOZT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOCOHOZT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND LOCOHOZT’S REASONABLE CONTROL. IN NO EVENT SHALL LOCOHOZT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED THOUSAND NAIRA.
LOCOHOZT’S PLATFORM MAY BE USED BY YOU TO MANAGE YOUR ESTATE AND MAKE PAYMENTS TO ESTATE MANAGERS, BUT YOU AGREE THAT LOCOHOZT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY ESTATE MANAGEMENT SERVICES PROVIDED TO YOU BY AN ESTATE MANAGER OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnity
You agree to indemnify and hold Locohozt and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Locohozt’s use of your User Content; or (iv) your violation of the rights of any third party, including any Estate Manager.
6. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Locohozt on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Locohozt, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Locohozt by someone else.
Agreement to Binding Arbitration between You and Locohozt
You and Locohozt agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Locohozt, and not in a court of law. You acknowledge and agree that you and Locohozt are each waiving the right to a trial by the Court or to participate as a plaintiff/claimant or class member in any purported class action or representative proceeding. Unless both you and Locohozt otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Locohozt each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law
The Arbitration will be administered in accordance with the provisions of the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria, 2004, or any statutory modification or re-enactment thereof for the time being in force. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
7. Miscellaneous
Notice
Locohozt may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account.
General
You may not assign or transfer these Terms in whole or in part without Locohozt’s prior written approval. You give your approval to Locohozt for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Locohozt’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Locohozt or any Estate Manager as a result of the contract between you and Locohozt or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
8. Contact Us
If you have any questions about these Terms, please contact us at support@locohozt.com.