- SYSTEMSPECS DEELAA LIMITED (hereinafter referred to as "Deelaa" or “We”or "Us", which expression shall, where the context so admits, include its legal representatives and assigns); .
Who We Are
The Platform, services and website is a site operated by SYSTEMSPECS DEELAA LIMITED, trading under the name and style of Deelaa. We are a company registered under the relevant laws of the Federal Republic of Nigeria with our registered office address at 6, Ojulari Road, Lekki, Lagos.
Please, note that while some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 18, however, Children under 18 years can browse the Site but are not permitted to register a Deelaa’s account. We strongly encourage all parents and guardians to monitor their children’s Internet use. If you create an account, you affirm you are at least 18 years old
NOTICE REGARDING FUTURE CHANGES TO TERMS:
We may make changes to the Terms at any time. Any changes we make will be effective immediately when we post a revised version of the Terms on the Site. The "Last Updated” date above will tell you when the Terms were last revised. By continuing to use this Site after that date, you agree to the changes.
To the extent that these Terms differ from a prior version of the Terms which you previously agreed to, this version of the Terms supersedes and governs.
NOTICE REGARDING CLASS ACTION WAIVER:
The Terms contain an arbitration agreement and class action waiver see Clause 17. Specifically, you and we agree that any dispute or claim relating in any way to the Terms, your use of the Site, or products or services sold, distributed, issued, or serviced by us or through us, will be resolved by binding, individual arbitration, rather than in court. By agreeing to individual arbitration, you and we each waive any right to participate in a class action lawsuit or class-wide arbitration. This agreement and waiver —along with some limited exceptions—is explained in Clause 17, below
An inherent risk of exposure to COVID-19, Chicken pox and other related pathogens exists in any place where people gather. COVID-19 and chicken pox is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness —including, without limitation, exposure to COVID- 19, Chicken pox or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Deelaa—and against any companies affiliated with Deelaa—relating to such risks, hazards, and dangers.
You may browse the Site without registering for an account. You will be required to register for an account to use certain features of the Site, such as reserving or purchasing a ticket. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar, or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure, or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account, or deny access to the Site for any reason.
Code of Conduct
You agree that you will comply with all applicable laws, rules and regulations, and that you will not:
Restrict or inhibit any other person from using the Site.
Use the Site for any unlawful purpose.
Express or imply that any statements you make are endorsed by us, without our prior written consent.
Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company.
Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities, or other unsolicited commercial communication.
Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable, including any posting that includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous, or desirable, or contains any personal contact information or other personal information identifying any third party.
Submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
Engage in spamming or flooding.
Harvest or collect information about Site users.
Order, or attempt to order, a number of tickets for an event that exceeds the stated limit for that event.
Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us, or if you violate the terms of the presale or offer
Ownership of Content and Grant of Conditional License
The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site (collectively, the “Content”), are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time.
We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub- licensable license to view this Site and its Content as permitted by the Terms for non- commercial purposes only if, as a condition precedent, you agree that you will not:
Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature.
Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit.
Link to any portion of the Site other than the URL assigned to the home page of the Site.
"Frame" or "mirror" any part of the Site.
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content.
Remove any copyright, trademark, or other proprietary rights notices contained on the Site.
Use any computer program, bot, robot, spider, offline reader, site search/retrieval application, or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past
Use any automated software or computer system to search for, reserve, buy, or otherwise obtain tickets, discount codes (including Concert Cash® and Deelaa Ticket Cash™), promotional codes, vouchers, credits, gift cards, or any other items available on the Site, including sending information from your computer to another computer where such software or system is active.
Access, reload, or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval.
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
Request more than 1,000 pages of the Site in any 24-hour period, whether alone or with a group of individuals
Make more than 800 reserve requests on the Site in any 24-hour period, whether alone or with a group of individuals.
Reproduce, modify, display, publicly perform, distribute, or create derivative works of the Site or the Content.
Reproduce or scan tickets in a format or medium different from that provided by the Site.
Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site.
Use the Site or the Content in an attempt to, or in conjunction with, any device, program, or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
Use ticket bot technology to search for, reserve, or purchase tickets through the Site; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.
This license is expressly conditioned on your pre-existing agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents, and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content
Forums and User Content
Claims of Copyright Infringement on the Site
Access from Outside the Nigeria
Rules for Sweepstakes, Contests and Games
Mobile Device Application
Violation of the Terms
We may investigate any violation of the Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action (consistent with Clause 17, below) that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy, and that we may pursue injunctive or other relief for your violation of the Terms. If we determine that you have violated the Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content, and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under the Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may also cancel any ticket or merchandise order, and tickets or merchandise acquired through your order. We may refuse to honor pending and future purchases made from all accounts we believe may be associated with you, or cancel a ticket or ticket order associated with any person we believe to be acting with you, or cancel your ticket postings, or exercise any other remedy available to us.
You agree that your abusive use of the Site may cause damage and harm to us, including impaired goodwill, lost sales, and increased expenses. You also agree that monetary damages for your abusive use of the Site are difficult to determine, and that if you, or others acting with you, request more than 1,000 pages of the Site or make more than 800 reserve requests on the Site in any 24-hour period, you, and those acting with you, will be jointly and severally liable for liquidated damages in the amount of twenty- five percents (25%) for each page request or reserve request made during that 24-hour period which exceeds those limits.
Disclaimer of Warranties
You acknowledge and agree that the platform is provided on an "as is" and "as available" basis none of the respective officers, directors, employees or agents of Deelaa guarantee the accuracy, reliability, completeness, or usefulness of any information on the platform. We do not warrant that the platform will meet your needs or expectations, or be uninterrupted, secure or error free. We have no responsibility for any damage that may be caused to you as a result of using the platform. Deelaa shall not be held liable for any form of damages whether from the use or inability to use the service, cost of getting substitute services, unauthorized access to or alteration of data, or any other matter relating to the service
Third Party Service Provider(s)
Third Party Service Provider(s) Disclaimer
You agree that the T&C governs only the Platform provided by Deelaa and not any service(s) provided by third party service provider(s). You agree that Deelaa's decision to use the service of third-party service provider(s) is not an endorsement of the content or services provided by third party service provider(s). By using the Platform, You agree to use the services of third-party service provider(s) at your own risk. You agree that We do not control third-party service provider(s) and that there is no agency relationship between Us and third-party service provider(s). We expressly disclaim any responsibility for any service or information provided by third-party service provider(s), and You agree to hold Us free from any liability that may arise from service(s) provided by third-party service provider(s). Deelaa does not guarantee the accuracy, reliability, completeness, or usefulness of any service(s) provided by third-party service provider(s). We do not guarantee that the services provided by third-party service provider(s) will be secured, uninterrupted or free from errors. We have no responsibility for any damage that may be caused to You because of using the services of third-party service provider(s). You agree that any claim, controversy, complaint, or dispute arising out of or in connection with the service(s) of a third-party service provider shall be resolved in accordance with the terms and conditions of such third-party service provider.
Limitation of Liability
In no event will we or our event organizers, suppliers, advertisers, and sponsors, be responsible or liable to you or anyone else for, and you hereby knowingly and expressly waive all rights to seek, direct, indirect, incidental, special, or consequential damages of any type, and any rights to have damages multiplied or otherwise increased, arising out of or in connection with the site, the content, or any product or service purchased through the site, even if we have been advised of the possibility of such damages, and regardless of whether the claim is based upon any contract, tort, or other legal or equitable theory. without limiting the foregoing, you expressly acknowledge and agree that we will have no liability or responsibility whatsoever for (a) any failure of another user of the site to conform to the codes of conduct, (b) personal injury or property damage, of any nature whatsoever, whether arising in contract or in tort, resulting from your access to and use of our site, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs, or other items of a destructive nature which may be transmitted to or through our site, (e) any errors, mistakes, inaccuracies, or omissions in any content, or (f) any lost, stolen, or damaged tickets, or the failure of a venue to honor a ticket. Your sole and exclusive remedy for dissatisfaction with the site is to stop using the site. The limitations in this section will apply even if any limited remedy fails of its essential purpose. The allocation of risk between us is an essential element of the basis of the bargain between us.
We are not a party to any transactions, other relationships, or disputes between you and event attendees. Furthermore, we do not pre-screen event attendees and are not responsible for any fraudulent transactions by event attendees. We exclude any and all liability arising out of any actions that we may take in response to breaches of our services. Your sole remedy for dissatisfaction with your use of the platform is to stop using the platform. you agree that under no circumstances will SYSTEMSPECS deelaa limited be liable for any damages, whether direct, indirect, incidental, consequential, special, punitive, exemplary or general damages (collectively, the "excluded damages"), arising out of or in any way connected with your use of or inability to use the platform, including but not limited to: loss of anticipated profits, sales, business, business opportunity, savings, revenue, goodwill, reputation or data; any failure of performance, denial of service, attack, interruption, defect, operator errors, inconvenience or delay in operation or transmission; business interruption; failure of electronic or mechanical equipment or communications lines (including telephone and the internet); severe or extraordinary weather (including flood, earthquake, or other act of god); fire, war, insurrection, terrorist act, riot, labour dispute and other labour problems, accident, emergency or action of government; or any third party theft of, destruction of, unauthorized access to, alteration or use of your information, equipment or property.
Copyright, Trademark, and other Intellectual Property Rights
You acknowledged that the Software Products, Pricing, Collaterals and documentation for the Software Products is owned by Deelaa and you shall have no right, title, claim or interest of any kind over the intellectual property rights in the software, collaterals or documentation for the software nor claim any such rights over the software. All Intellectual Property rights existing or belonging to us prior to this Agreement and intended to be used for the provision of the Service shall remain our sole property and you agree not to question nor dispute the ownership of such rights at any time.
All Transaction data generated from the use of the Deelaa Platform shall be used by Deelaa to optimize the Deelaa Platform. You acknowledge that the Platform is protected by applicable copyrights, trademarks, trade secrets, patents, proprietary rights, and other intellectual property laws, and that these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. Accordingly, You may not copy, distribute or modify the Platform, including any text, graphics, user interface design or logos obtained from the Platform, except as explicitly authorized by Us in writing. In addition, You must not use any part of the content on the Platform for commercial purposes without obtaining a licence to do so from us. Where authorisation or licence is granted, our status as the authors of content on the Platform must always be acknowledged.
You agree that You are responsible for the means You use to access the Platform and understand that your hardware, software, the Internet, your telecommunications service provider, and other third parties involved in connecting You to the Platform may not perform as intended or desired. We will not be liable for any loss caused by a virus, malware or other technologically harmful material that may infect your hardware, computer programs or other proprietary material due to your use of the Platform or to you downloading any content on it.
If anyone brings a claim against us related to your use of the Site, the Content, your User Content, or your violation of the Terms, you agree to indemnify, defend, and hold
If anyone brings a claim against us related to your use of the Site, the Content, your User Content, or your violation of the Terms, you agree to indemnify, defend, and hold us and our affiliated companies, Event Organizers, suppliers, advertisers, and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses, and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
You agree that the Platform is not a secure method of transmitting information, and that the risk of any loss of information or interception of information by any third party will be borne by You and that Deelaa shall not be liable for same. Deelaa shall not be liable for any damages or injuries arising out of or in connection with the use of the Platform or its non-use including non-availability or failure of performance, loss or corruption of data, loss of or damage to property (including profit and goodwill), work stoppage, or interruption of business, error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure or for any failure to act upon instructions. You will at all times indemnify Deelaa, along with their directors, partners, officers, employees, successors and assigns from and against all actions, proceedings, claims and demands whatsoever for or on account of or in relation to any use of the Platform and from and against all damages, costs, charges and expenses in respect thereof.
Mandatory Mediation Agreement and Class Action Waiver
You and we each agree that except as provided below, any dispute, claim, or controversy relating in any way to the terms, your use of the site, or products or services sold, distributed, issued, or serviced by or through us—irrespective of when that dispute, claim, or controversy arose—will be referred to the Lagos State Multi door court house and its decision is binding. You and we thereby each agree to waive any right to a class action and agree that you and we may bring claims against each other only in an individual capacity and not as a class action in any purported class or representative proceeding.
Statements on the Site regarding our financial condition, results of operations and business, and our expectations or beliefs concerning future events that are not historical facts are “Forward-Looking Statements”. Use of the words “believes,” “expects,” “anticipates,” “plans,” “estimates,” or words of similar meaning are intended to identify Forward-Looking Statements but are not the exclusive means of identifying such statements. We caution you that there are some known and unknown factors that could cause actual results to differ materially from any future results, performance, or achievements expressed or implied by such Forward-Looking Statements, including but not limited to economic, competitive, governmental, and technological factors affecting our operations, markets, products, services, and prices, as well as the risks and uncertainties set forth in the documents we file with the SEC. We do not undertake any obligation to publicly update or revise any Forward-Looking Statements because of new information, future events, or otherwise
Termination and Withdrawal
You acknowledge and agree that We may restrict, suspend, or terminate the T&C or your access to, and use, of all or any part of the Platform, at any time, with or without cause, including but not limited to any breach of the T&C without prior notice to You.
We will fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting, publishing, or otherwise making available any User information, emails, or other materials that are believed to violate the T&C.
Any suspension, termination, or cancellation of the Platform shall not affect your obligations to Us under these T&C (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
You have a right to withdraw from the Platform at any time.
Subject to i above, You agree that You shall give Deelaa 5 (five) days notice of your intention to withdraw from the Platform.
Representation and Warranties
You hereby represent and warrant that:
You have read and understood the T&C;
You are at least 18 (eighteen) years of age;
Your Personal Information and any other information given to Us is true, accurate, authentic, current and complete,
You grant to Us the right to use your Personal Information in accordance with the T&C;
You agree to comply with and be bound by the T&C governing your use of the Platform and You affirm that the T&C are without prejudice to any other right that We may have with respect to your use of the Platform under the laws of Federal Republic of Nigeria or otherwise;
You shall not assign or transfer your rights under the T&C to anyone else, without our approval in writing
your acceptance and use of the Platform does not violate any applicable law in Nigeria or any contract or obligation to which You are a party or are otherwise bound; and
If You are accepting the T&C on behalf of a company, organisation, or other legal entity, that You have their consent or authorisation to do so.
It is our belief that the Terms do not contain any provision contrary to law. However, if any part of the Terms is determined to be illegal, invalid, or unenforceable, you agree that: (a) that part shall nevertheless be enforced to the extent permissible in order to affect the intent of the Terms, and (b) the remaining parts shall be deemed valid and enforceable.
If you have any questions, comments, or complaints regarding the Terms or the Site, please contact us at: firstname.lastname@example.org