Terms and Conditions
Last updated: March 18, 2020
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with http://www.ogafixie.com website (the “Service”) operated by Market Altitude Limited (“us”, “we”, or “our”). Please read these Terms and Conditions carefully before using the Service.
These Terms and Conditions apply to the Service, and all of its divisions, subsidiaries and affiliates’ operated internet sites. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Market Altitude Limited cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Market Altitude Limited customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Market Altitude Limited with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Market Altitude Limited to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Market Altitude Limited will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Market Altitude Limited may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Market Altitude Limited until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Market Altitude Limited reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Market Altitude Limited, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Market Altitude Limited will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for preserving the confidentiality of, and safeguarding your account and the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to decline or refuse service, terminate your account or remove or edit the content of your account if you are in violation of applicable laws or regulations, these Terms or any other applicable terms and conditions, guidelines or policies.
We shall not be responsible or liable, directly or indirectly, in any way, manner or form, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of these Terms.
The Service and its original content, features and functionality are and will remain the exclusive property of Market Altitude Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both the Federal Republic of Nigeria and International Law. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Market Altitude Limited.
Unless as otherwise expressly agreed, nothing in these Terms grants you the license, whether on an exclusive or on a non-exclusive basis, to all existing and future Intellectual Property Rights in the Works and the Inventions and all materials embodying these rights.
Where in the course of using the Service, any inventions are created, in so far as they do not vest automatically by operation of law or under these Terms, you hold the legal title in those rights and inventions on trust for Market Altitude Limited.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Market Altitude Limited. Our Service may recommend features, products, and services, including third party ads that might be of interest to you from which you may select and personalize your preferences.
Market Altitude Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Market Altitude Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We make no warranty or representation of any kind, regarding third party websites or the completeness or accuracy of the information contained within such websites. We strongly advise you to read the terms and conditions and privacy policies and verify the claims and suitability of any third-party web sites or services that you visit before engaging in any activity with same.
The existence of a link to another website is not considered an affiliation or a partnership with any third party or seen as an endorsement or approval of a particular website except where expressly stated otherwise.
Creating or connecting a link to this Service is strictly forbidden without our prior written consent. We reserve the right to revoke any consent without notice or justification.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease and we shall, in addition to any other legal or equitable remedies, revoke all password(s) and account identification and deny you access to and use of the Service in whole or in part. A termination of these Terms shall not affect the rights and obligations of the parties accruing before the date of termination. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation of Liability
In no event shall Market Altitude Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) breach not attributable to us (v) any delay or failure to comply with our obligations under these Terms, if the delay or failure results from any cause which is beyond our reasonable control; and (vi) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without representations or warranties of any kind, whether express or implied, or statutory not explicitly set out in these Terms including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Market Altitude Limited its subsidiaries, affiliates, and its licensors do not warrant or guarantee that a) the Service or any service requested through the use of the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements or e) the suitability, reliability, quality or safety of third party service providers.
You agree that any risk resulting from your use of the Service and any service requested in connection therewith, is solely attributable to you, to the maximum extent permitted under applicable Nigerian law or regulation.
These Terms and any dispute or claim arising out of them or in connection with them or their subject matter or formation shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions.
Any dispute arising out of, or relating to these Terms and any subsequent amendment to these Terms, including without limitation to their formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall, if possible, be settled amicably by negotiation between the Parties, failing which it shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act CAP A18 LAWS OF THE FEDERATION OF NIGERIA 2004 AND/OR ANY AMENDMENT THERETO. Arbitration judgement/ruling shall be full and final.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or provision.
These Terms constitute a contract for the provision of the Service and not a contract of employment.
Unless as otherwise expressly agreed, your relationship with Market Altitude Limited shall be that of independent contractor and nothing in these Terms shall render you an employee, worker, agent or partner of Market Altitude Limited and you shall not hold himself out as such.
Severability and Survival
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
The severance of the unenforceable provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel and commence arbitration of any remaining claims.
These Terms constitute the entire agreement between us regarding our Service, and supersede, extinguish and replace any prior agreements, promises, warranties, assurances, representations and undertakings we might have between us regarding the Service.
We reserve the right, at our sole discretion, to change, modify, add to or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.