Health Paddy Terms and Conditions

1. User Agreement

The following are terms of a legal agreement (the “Agreement”) between you, individually and the Company that sets forth the terms and conditions for your use of this website at www.happywoman.com.ng.ng, including any subdomain thereof (the “Site”). The Site is owned and operated by HappyWoman Digital Solutions Limited - a joint initiative between Intelligent Innovations and the Federal Ministry of Women Affairs. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and HappyWoman. HappyWoman reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement on the Site periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability. Promotional offers, raffle draws, discounts or giveaways on HappyWoman may be subject to special terms and conditions. You are advised to carefully read such terms and conditions before subscribing to any offer or product. HappyWoman does not make any representation or guarantee to you that you will win any raffle, lottery, jackpot or promotional offer neither does it assure you of any particular outcome by participating in any promotional programme. By purchasing products up to any prescribed transaction value for any promotional offers, you only become entitled to participate and obtain a chance to win. HappyWoman does not assure you of winning or receiving the prize in the relevant offer. HappyWoman may, at its absolute discretion, require that cash prize(s) won in any promotional offer(s) is/are utilized solely or partly for services HappyWoman offers and may not be redeemable as disposable cash or income outside the Platform.

2. General Rules of Conduct

Your use of the Site is subject to all applicable local, state, national and international laws and regulations. You agree to abide by all such laws and regulations, including those relating to intellectual property, defamation, privacy, and the transmission or exportation of data. You agree that you will not do or assist any third party to do, any of the following:

• The following are terms of a legal agreement (the “Agreement”) between you, individually and the Company that sets forth the terms and conditions for your use of this website at www.happywoman.com.ng.ng, including any subdomain thereof (the “Site”).
• The Site is owned and operated by HappyWoman Digital Solutions Limited - a joint initiative between Intelligent Innovations and the Federal Ministry of Women Affairs. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and HappyWoman.
• HappyWoman reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement on the Site periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
• Promotional offers, raffle draws, discounts or giveaways on HappyWoman may be subject to special terms and conditions. You are advised to carefully read such terms and conditions before subscribing to any offer or product. HappyWoman does not make any representation or guarantee to you that you will win any raffle, lottery, jackpot or promotional offer neither does it assure you of any particular outcome by participating in any promotional programme. By purchasing products up to any prescribed transaction value for any promotional offers, you only become entitled to participate and obtain a chance to win. HappyWoman does not assure you of winning or receiving the prize in the relevant offer.
• HappyWoman may, at its absolute discretion, require that cash prize(s) won in any promotional offer(s) is/are utilized solely or partly for services HappyWoman offers and may not be redeemable as disposable cash or income outside the Platform.

3. User Accounts and Account Information

You agree to provide true, accurate, current and complete account information, and to promptly communicate any updates of that information to HappyWoman. You are responsible for keeping your login credentials confidential. You may not share your username or password with anyone. You may not transfer your registration, username or password to any other person or entity or otherwise permit anyone to access or use your account. You are solely responsible for any account information submitted, as well as any other activity that takes place on or through your account. Any information or content submitted on or through your account is deemed to have been submitted by you.

4. Information and Content

In the course of using the Site, you may submit or disseminate certain information or content, and you may receive or access information or content submitted or disseminated by others. Such information and content typically falls into one of three categories:

• Personal Information – including personal and professional information about yourself or others.
• Content – material generated by you, HappyWoman (including its customers and contributors), or a third party, that incorporates information, ideas, graphics, icons, descriptions, data, compilations of data, text, hyperlinks, messages, tags, opinions or other expressions of thought, photographs, still and moving images, drawings, video, sound recordings, musical compositions, audiovisual works or other creative expressions or works.
• Account Information – including all information necessary to establish your user account, such as your username and password, contact information and, in some instances, credit card information.

Throughout these Terms of Use, when we refer to information or content “submitted by you” or “submitted by another Site user,” we are referring to any and all types of information and content submitted, posted, uploaded, displayed, performed, transmitted, disseminated, or otherwise made available, whether on, or through, or in connection with the Site, including: (i) in a user account registration; (ii) in a profile; (iii) in communications (such as queries, alerts, advisories, opportunities or responses to any of the same) transmitted to or through the Site; or (iv) in postings (such as forum, chat room, news group, community or message board and blog postings. When we refer to information or content “provided by HappyWoman,” we are referring to any and all types of information and content submitted, posted, uploaded, displayed, performed, transmitted, disseminated or otherwise made available by HappyWoman on the Site other than information and content submitted by you or another Site user, including information and content provided by our employees, moderators, contributors, suppliers and customers, whether on, or through, or in connection with the Site, including: (i) Site content; (ii) articles contributed by our contributors; and (iii) news releases and other information and content issued by our customers. Regardless of the manner in which Site content is accessed by you, you hereby agree to abide by these Terms of Use with regard to all information and content submitted by you, as well as all information and content submitted by another Site user, and all information and content provided by HappyWoman. In addition to generating information about the information or content that you submit, we may also generate information about how you use the Site (e.g., user analytics). We encourage you to read our Privacy Policy, which explains the personal information we collect, how we use it, and what choices you have in connection with the use of your personal information.

4.1. Information and Content Submitted by You

You agree that you are solely responsible for all information and content that you submit to or through the Site. You represent and warrant that you will not submit information or content that contains any material that:

• is false, inaccurate, outdated or misleading;
• infringes HappyWoman’s or any third party's copyright, moral, patent, trademark, trade secret or other proprietary rights, contract rights, or rights of publicity or privacy;
• is defamatory or libellous, including trade libel or product disparagement;
• is threatening, abusive or harassing;
• is vulgar, obscene, offensive, or pornographic, or contains links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
• is unlawful, harmful or injurious to others; or
• is defamatory or libellous, including trade libel or product disparagement;
• is otherwise inappropriate to the substance of the discussion or other exchange of information.

You further represent and warrant that:

• you will only submit information and content that is either original and exclusively owned by you, or to which you have obtained all necessary third-party permissions and licenses;
• you will only submit information and content to or for which you have affixed copyright notices and attributed all third party content, as necessary; and
• you have the full and unrestricted power to submit all information and content submitted by you and to convey all rights conveyed in that information and content.

You agree not to submit information or content:

• in violation of a nondisclosure agreement or other obligation of confidentiality; or
• in violation of any law, ordinance, rule or regulation (including those governing insider trading, export control, securities, competition, privacy, intellectual property and false advertising).

You agree that we may, in our sole discretion and without prior notice to you, edit, move, refuse or remove any such information or content, and take any other action permitted under these Terms of Use. You acknowledge that HappyWoman has no responsibility or liability for the actions of other users of the Site, including actions another user may take or fail to take with respect to information or content that you submit to the Site. Please exercise appropriate caution when posting or communicating any information or content to the Site, or when using any information or content posted, communicated or otherwise submitted by another Site user to or through the Site.

4.2 Information and Content Submitted by Other Users

Although we monitor the information or content posted by Site users as much as practicable, we cannot and do not monitor or review all information or content that is submitted to or through the Site at every given time. Information may also be provided by any professional advisor referred or contacted through the use of the Site. All such information, opinion and content submitted or otherwise provided by users of the Site or any professional advisor are the sole responsibility of the user or professional advisor that provided the information or content and you acknowledge that HappyWoman is not responsible for the accuracy, timeliness, integrity, quality, safety, appropriateness or any other aspect of such information or content, for any links, products or services offered, advertised or provided by any user of the Site, or for any actions of any other user of the Site. If you choose to use or rely on such information or content, you do so solely at your own risk and without any representation or warranty whatsoever from HappyWoman, its affiliates or its service providers. We do not verify, endorse, or vouch for any information or content submitted by Site users, or verify the identity, credentials, affiliations or expertise of Site users. We encourage you to consider carefully the source of all information and content accessed on or through the Site and the factors that may influence or motivate that source, and to be cautious about any and all statements and opinions expressed by Site users. In using the Site, you accept the risk that you may be exposed to information or content that you find offensive, indecent, dangerous, harmful or otherwise objectionable, and acknowledge that information and content submitted by other Site users are not from and may not reflect the views of HappyWoman. We recommend that you take reasonable precautions with regard to any information or content from other users of the Site that you choose to download (for example, scanning for viruses), and links that you choose to click through. If you choose to receive, copy or download information or content, or click through links, submitted by another user, you do so at your own risk. You agree not to republish, upload, post, transmit or distribute information or content submitted to the Site by other users, without the prior written approval of the owner of such information or content.

4.3 Links to Third Party Sites

Content available through the Site may contain links to other Internet websites (including links provided by HappyWoman on its own behalf or on behalf of HappyWoman customers). We neither control nor endorse such other websites, nor have we reviewed or approved any information or content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, timeliness, quality, safety or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. We recommend that you take reasonable precautions with regard to any links that you choose to click through (including any information or content that you choose to download through those links (for example, scanning for viruses)), as you do so at your own risk.

4.4 Information and Content Provided by HappyWoman

Although we monitor the information or content posted by Site users as much as practicable, we cannot and do not monitor or review all information or content that is submitted to or through the Site at every given time. Information may also be provided by any professional advisor referred or contacted through the use of the Site. All such information, opinion and content submitted or otherwise provided by users of the Site or any professional advisor are the sole responsibility of the user or professional advisor that provided the information or content and you acknowledge that HappyWoman is not responsible for the accuracy, timeliness, integrity, quality, safety, appropriateness or any other aspect of such information or content, for any links, products or services offered, advertised or provided by any user of the Site, or for any actions of any other user of the Site. If you choose to use or rely on such information or content, you do so solely at your own risk and without any representation or warranty whatsoever from HappyWoman, its affiliates or its service providers. We do not verify, endorse, or vouch for any information or content submitted by Site users, or verify the identity, credentials, affiliations or expertise of Site users. We encourage you to consider carefully the source of all information and content accessed on or through the Site and the factors that may influence or motivate that source, and to be cautious about any and all statements and opinions expressed by Site users. In using the Site, you accept the risk that you may be exposed to information or content that you find offensive, indecent, dangerous, harmful or otherwise objectionable, and acknowledge that information and content submitted by other Site users are not from and may not reflect the views of HappyWoman. We recommend that you take reasonable precautions with regard to any information or content from other users of the Site that you choose to download (for example, scanning for viruses), and links that you choose to click through. If you choose to receive, copy or download information or content, or click through links, submitted by another user, you do so at your own risk. You agree not to republish, upload, post, transmit or distribute information or content submitted to the Site by other users, without the prior written approval of the owner of such information or content.

5. HappyWoman's Proprietary Rights

Except with respect to information and content submitted by you, as between you and HappyWoman, all information and content provided by HappyWoman, including information and content submitted by HappyWoman’s content suppliers, customers, contributors and moderators, all proprietary elements and aspects of the Site and any proprietary material generated or derived from the same (including software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, information, the compilation of all information and content on the Site, the selection, sequence and “look and feel” and arrangement of items), and all trademarks, service marks and trade names used in association with the Site (individually or collectively, 'HappyWoman Materials'), are the exclusive property of HappyWoman. All other trademarks, service marks, trade names, trade dress and logos appearing on the Site are the property of their respective owners. Except as otherwise permitted herein or by HappyWoman in advance and in writing, you may access and use the HappyWoman Materials, and download or print out a single copy from the Site, solely for your personal, non-commercial use. Except as expressly permitted herein, you may not reproduce, modify, create derivative works from, display, perform, publish, distribute (including any electronic redistribution or database storage and retrieval), disseminate, broadcast or circulate to any third party (including on or via a third party website), or otherwise use, any HappyWoman Materials, in full, in part, in full text or in abstract, without the express prior written consent of HappyWoman. Any unauthorized or prohibited use of the Site, any HappyWoman Materials or other proprietary material may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws and regulations, as well as foreign laws, regulations and treaties. You are solely responsible for determining and confirming your compliance with all laws and regulations applicable to use of HappyWoman Materials in a jurisdiction, including without restriction all laws and regulations applicable to intellectual property rights. Your use of HappyWoman Materials is at your own risk and without any representation or warranty whatsoever from HappyWoman, its affiliates or its service providers.

Inquiries concerning the use of HappyWoman text, photos, images, video, audio and other content should be addressed to hello@happywoman.com.ng

6. Privacy

Please see our Privacy for other important information and disclosures relating to the collection, use and disclosure of your personal information in connection with your use of the Site.

7.Removal, Restriction, Suspension, Deactivation and Termination

HappyWoman has the right, but not the obligation, to take any of the following actions at any time without notice to you:

• to refuse or remove any information or content from the Site, in whole or in part;
• to deactivate or monitor your Site user account(s), if any;
• to delete any or all of the information, files or other contents of your user account(s), if any;
• to restrict, suspend, terminate or monitor your access to the Site, or any parts thereof;
• to establish additional or different general policies, guidelines and limits concerning accounts and use of the Site; or
• to use any technological, legal, operational or other means available to us to enforce the provisions of these Terms of Use, including blocking access by specific IP addresses.

We may take any of the above actions for any reason, including: (i) suspicion of a breach or violation of these Term of Use or incorporated policies, guidelines and limits; (ii) a request by law enforcement or another government agency; (iii) a request by you; (iv) discontinuance or modification of the Site (or any part thereof); (v) to protect the rights, property or personal safety of the third parties; or (vi) in response to technical or security issues or problems affecting the Site. In addition, if you select a username that HappyWoman deems, in its sole discretion, to be potentially misleading, infringing, obscene, threatening, offensive, harassing, defamatory, invasive of another's privacy, or is otherwise objectionable or inappropriate, we may, without prior notice to you, change your username or take any of the above-listed actions. Once an account has been deactivated (for whatever reason), all information, files and other contents stored in that account may be irretrievably deleted without notice to you, and HappyWoman shall have no further obligation to you. We reserve the right without any liability to you to take whatever actions that we deem necessary in our sole discretion to investigate any suspected illegal and/or unauthorized use of the Site, or any breach of these Terms of Use, and, in addition to those actions listed above, to take appropriate legal action against you, including without limitation seeking civil, criminal and injunctive relief. You agree that if your Site user account is terminated for any reason, you will not attempt to establish a new account or otherwise post content under any name, real or assumed.

8. Indemnification

Please see our Privacy for other important information and disclosures relating to the collection, use and disclosure of your personal information in connection with your use of the Site.

9. Disclaimers

THE SITE AND ALL HAPPYWOMAN MATERIALS ARE MADE AVAILABLE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HAPPYWOMAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS (THE “HAPPYWOMAN PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES (I) WARRANTIES OF TITLE AND NON-INFRINGEMENT, (II) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, (III) WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, TIMELINESS, QUALITY, SAFETY OR COMPLETENESS OF ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE, (IV) WARRANTIES THAT THE SITE WILL BE AVAILABLE FOR USE, UNINTERRUPTED, ERROR FREE OR SECURE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS OF THE SITE WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED, (V) WARRANTIES THAT THE SITE (INCLUDING FILES AVAILABLE FOR DOWNLOAD FROM OR THROUGH THE SITE) OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE, OR STATEMENT OF HAPPYWOMAN OR ITS AFFILIATES, SUPPLIERS, AGENTS, CUSTOMERS, OR USERS, WHETHER MADE IN THESE TERMS OF USE, ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY AND ALL INFORMATION OR CONTENT THAT YOU VIEW, DOWNLOAD OR OTHERWISE OBTAIN FROM OR THROUGH THE SITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL HAPPYWOMAN OR THE HAPPYWOMAN PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR EXPENSE INCURRED IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR YOUR USE OF OR RELIANCE ON ANY INFORMATION OR CONTENT THAT YOU VIEW, DOWNLOAD OR OTHERWISE OBTAIN FROM OR THROUGH THE SITE UNDER NO CIRCUMSTANCES SHALL HAPPYWOMAN BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR EXPENSE INCURRED IN CONNECTION WITH ANY MISREPRESENTATION OR OTHER BREACH OF THESE TERMS OF USE BY ANOTHER USER, OR ANY COMMUNICATION, ACTIVITY, BUSINESS DEALING OR TRANSACTION BETWEEN YOU AND ANY OTHER THIRD PARTY HAPPYWOMAN SHALL HAVE NO LIABILITY FOR, AND YOU AGREE TO WAIVE ANY AND ALL RIGHTS AGAINST HAPPYWOMAN AND HOLD HAPPYWOMAN HARMLESS IN CONNECTION WITH, ANY CLAIMS RELATING TO (I) ANY ACTION TAKEN OR NOT TAKEN BY HAPPYWOMAN AS PART OF AN INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OF USE, AND (II) ANY STEPS TAKEN OR NOT TAKEN BY HAPPYWOMAN IN RESPONSE A CONCLUSION THAT A VIOLATION OF THE TERMS OF USE HAS OCCURRED OR NOT OCCURRED. REGARDLESS OF THE FORM OF ACTION, WHETHER TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, OR OTHERWISE, IN NO EVENT SHALL THE HAPPYWOMAN PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGE OR EXPENSE, INCLUDING LOSS OF BUSINESS, LOST PROFITS OR OTHER ECONOMIC DAMAGE OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF (OR YOUR INABILITY TO USE) THE SITE OR ANY HAPPYWOMAN MATERIALS, OR ARISING FROM ANY OTHER CAUSE, EVEN IF THE HAPPYWOMAN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGE OR EXPENSE.

10. Limitation of Liability

HAPPYWOMAN’S TOTAL CUMULATIVE LIABILITY TO YOU ON ACCOUNT OF ANY AND ALL CLAIMS AND ACTIONS OF ALL KINDS, INCLUDING TORT, CONTRACT, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY ARISING IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SITE OR ANY HAPPYWOMAN MATERIALS, OR ARISING FROM ALL OTHER CAUSES, SHALL NEVER EXCEED THE GREATER OF THE TOTAL AMOUNT PAID TO THE HAPPYWOMAN PARTIES BY YOU, IF ANY, FOR ACCESS TO THE SITE IN THE CURRENT CALENDAR YEAR. NOTWITHSTANDING THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY, NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS THE HAPPYWOMAN PARTIES’ LIABILITY FOR ANY CLAIM THAT, BY LAW, CANNOT BE EXCLUDED OR LIMITED

11.Copyright Infringement

If you believe, in good faith, that any materials posted on the Site infringe your copyright, please contact us promptly so that we may take appropriate action. In order for us to respond to your claim of infringement, you (or your agent) must provide us, in writing, with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
• a description of the copyrighted work that you believe has been infringed;
• a description of where the infringing material is located or identified on the Site;
• your name, address, telephone number, and e-mail address;
• a statement by you that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner of the allegedly infringed work, an agent of the owner, or the law; and
• a statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright in the allegedly infringed work, or authorized to act on the owner's behalf.

We may take any of the above actions for any reason, including: (i) suspicion of a breach or violation of these Term of Use or incorporated policies, guidelines and limits; (ii) a request by law enforcement or another government agency; (iii) a request by you; (iv) discontinuance or modification of the Site (or any part thereof); (v) to protect the rights, property or personal safety of the third parties; or (vi) in response to technical or security issues or problems affecting the Site.

12.Applicable Law and Dispute Resolution

You acknowledge that this agreement and any dispute between you and us shall be governed in accordance with Nigerian laws. You also acknowledge that you have read this provision carefully, and understand that it limits your rights in the event of a dispute between you and us.

• In this Arbitration Section, “Claim” means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity, whether pre-existing, present, or future, and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to this Agreement or the relationship between us and you (including claims arising prior to or after the date of the Agreement, and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class), and includes claims that are brought as counterclaims, cross claims, third party claims or otherwise, as well as disputes about the validity or enforceability of this Agreement or the validity or enforceability of this Arbitration Section.
• Any Claim shall be resolved, upon the election of either us or you, by binding arbitration administered by the Lagos Multidoor Courthouse in accordance to the Arbtiration and Conciliation Act, Laws of the Federation of Nigeria 2004. Any arbitration under this Agreement will take place on an individual basis.
• Claims will be arbitrated by a Sole Arbitrator mutually appointed by parties. If parties are unable to agree within 10 (ten) business days, either party may apply to the Lagos Multidoor Courthouse who shall appoint the Sole Arbitrator. Arbitration will be held in English Language and the seat of arbitration shall be Lagos State, Nigeria.
• You agree that You may only bring claims against the HappyWoman in your individual capacity, and not as class member in any purported class or representative proceeding. Further, unless both you and we agree otherwise in writing, the Arbitrator may not consolidate more than one person’s claims. The Arbitrator shall have no power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of the general public, other borrowers, or other persons similarly situated. The validity and effect of this paragraph (d) shall be determined exclusively by a court, and not by the Arbitrator.
• If any portion of this Arbitration Section is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this section. However, if paragraph (f) of this Arbitration Section is deemed invalid or unenforceable in whole or in part, then this entire Arbitration Section shall be deemed invalid and unenforceable. The terms of this Arbitration Section will prevail if there is any conflict between the Rules and this section.
• You agree that, by entering into this agreement, you are waiving the right to litigation in court or to participate in a class action.
• In the event that a dispute does not proceed to arbitration, this Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with Nigerian laws.
• You agree to give HappyWoman prior notice of intention to institute any action or proceedings of a judicial, quasi-judicial or regulatory nature. Where no remedy is provided by HappyWoman or the remedy provided is unsatisfactory to you, an action or proceedings shall be instituted not later than 1 (One) Month after giving the notice of the intention to HappyWoman. You and HappyWoman agree that any cause of action arising out of or related to the services must commence within one (1) month after the cause of action accrues. otherwise, such cause of action is permanently barred.

13.Miscellaneous

General: This Site is created, controlled and operated by HappyWoman in Nigeria, and is intended for use by persons who are at least 18 years of age or older.

Notice: We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. If you do not provide us with accurate information and update it, as necessary, we cannot be held liable for a resulting failure to notify you.

Cumulative Rights: Except as otherwise provided herein, no rights or remedies of HappyWoman in these Terms of Use are exclusive, but are cumulative of all other rights and remedies.

Assignment: The rights and obligation of HappyWoman under these Terms of Use may be assigned or delegated, in whole or in part, by HappyWoman to an affiliate or a third party in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign or delegate these Terms of Use, in whole or in part, and any attempt to do so will be null and void.

Construction: In these Terms of Use, unless otherwise specified: (i) 'herein,' 'hereof,' 'hereunder,' refer to these Terms of Use as a whole and not merely to the specific section, paragraph or clause in which the respective word appears; (ii) any defined terms may, unless the context otherwise requires, be used in the singular or the plural; (iii) “or” connotes any combination of all or any of the items listed; and (iv) where “including,” “include” or “includes” is used to refer to an example or begins a list of items, such example or list shall not be exclusive..:

No Third Party Beneficiaries: Except for HappyWoman’s affiliates, and the suppliers and vendors that support the Site, there are no third party beneficiaries

Headings: Headings and captions contained in these Terms of Use are included for convenience only, and are not intended to define or govern interpretation.

Waiver: The failure of HappyWoman to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver by HappyWoman of a breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Severability of Terms: If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed deleted from the Terms of Use and replaced with a provision that approximates, as nearly as possible, the intent of the offending provision while remaining valid, legal and enforceable. All other provisions of these Terms of Use shall remain in full force and effect. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.