Please read these Terms and Conditions (“Terms”), which set forth the legally binding terms and conditions between you and BMGA Management Enterprise (“BMGA” or the “Company”). It governs your access to and the use of bmgaenterprise.com (the “Website”) and all services (the “Service”) offered by BMGA.
Throughout the Website, the terms “we”, “us” and “our” refer to BMGA.
Your access to use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms as well as all applicable laws, conditions or policies referenced herein, apply to all users and visitors who access our Website and/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 Site or use the Service.
In these Terms and Conditions,
“Account” refers to unique personified account registered in the name of the User and which contains details of the User’s transactions/operations on the Platform.
“Client” refers to any person that engages the Services of BMGA
“Confidential Information” refers to all information disclosed to the receiving party by the disclosing party or by any of its privies, agents or representatives, concerning the business of the disclosing party or the business of any of its associates, or any third party doing business with the disclosing party; in furtherance of the Services or any agreement entered into by the parties in connection with the Services. Such information shall include ideas, concepts, documents, financials, reports, data, specifications, software, network access designs, methodologies, flow charts, databases, inventions, information, know-how, trade secrets, designs, processes, procedure, formula, improvements or related information, whether oral or in writing, whether marked confidential or not.
“Platform” refers collectively to the BMGA website and other related applications.
“Services” refers to all products and services provided to you by BMGA and as described in clause 3 below.
“Users” refers collectively to account holders and visitors on the BMGA website.
“Website” refers to the website for the services rendered by BMGA which can be found at bmgaenterprise.com
- Acceptance of Terms
The Service is offered subject to acceptance of all the terms and conditions contained in these Terms and all other operating rules, policies and procedures that may be published on the Website by BMGA, which are incorporated by reference, including operating rules, policies and procedures of third-party service providers to the Website that are referenced herein.These Terms apply to every User of the Service. In addition, some services offered through the Website may be subject to additional terms and conditions adopted by BMGA. Your use of those services is subject to those additional terms and conditions, which are incorporated into These Terms by this reference.
- Scope of BMGA’s Services
- BMGA is a global consulting firm that specializes in marketing and consulting services.
- BMGA shall provide the Services in accordance with these Terms and ensure that the provision of the Services is in compliance with all applicable laws, regulations, codes of practice and professional standards.
- BMGA may make the access to and use of the Website, or certain Services, subject to certain conditions or requirements, such as signing an agreement including, an engagement letter or a consultancy agreement (Agreements).
- BMGA shall provide its Services with reasonable skill and care and in accordance with the timelines specified in any Agreements or documentation.
- You must be at least 18 years old and able to enter into legally binding contracts to access and use the Website or the Services. By accessing or using the Website, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
- Users’ Representation and Warranties
Representations and warranties are statements and promises made by you to BMGA, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use our Service:
- you are over the age of 18 years;
- you are of sound mind and have the capacity to enter into a legally binding contract;
- all personal information that you provide about yourself is accurate and true to the best of your knowledge;
- you have carefully considered the risks involved with using the Service;
- you are not breaching any laws or regulations that are applicable to you or any company, trust or partnership by accessing the Website or using the Services.
- Client’s Obligations
- Upon engaging us to provide you with our Services, you become our Client. As our Client, you have the following obligations:
- To provide BMGA with such information and access to such facilities and personnel as the BMGA shall reasonably require in order to provide the Services.
- To provide assistance required by BMGA in the performance of the Services.
- To pay BMGA all compensation for its Services as agreed to in the Agreements.
- Upon engaging us to provide you with our Services, you become our Client. As our Client, you have the following obligations:
- BMGA and the Client may during the course of the Client engaging the Services of BMGA exchange Confidential Information.
- The receiving party agrees that it shall not disclose or make available the Confidential Information of the other party to any third party individual, corporation, partnership or other legal entity and will safeguard all Confidential Information received by it using a reasonable degree of care, but not less than that degree of care used by it in safeguarding its own similar information or material.
- The obligations of confidentiality and restrictions on use as set forth in these Terms shall not apply to any Confidential Information that a party proves:
- was in the public domain prior to the date of these Terms or subsequently came into the public domain by other than an unauthorized disclosure;
- was previously known to such party free of any obligation to the disclosing party to keep it confidential;
- was rightfully received by such party from a third party whose disclosure would not violate a confidentiality obligation and which disclosure was not in breach of this Agreement;
- was required to be disclosed in a judicial or administrative proceeding, provided that the disclosing party gives the other party written notice of the information required to be disclosed;
- was previously and independently developed by such party without breach of these Terms or any previous agreement with the other party; or
- was approved for release by the written authorization of the other party.
- Intellectual Property
- The Service and its original content, features and functionality are and will remain the exclusive property of BMGA Management Enterprise. Our trademarks may not be used in connection with any product or service without our prior written consent.
- BMGA at its sole discretion, enables Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Website (“User Content”); and (ii) access and view User Content and any content that BMGA itself makes available on or through the Platform, including proprietary BMGA’s content and any content licensed or authorized for use by or through BMGA from a third party (“BMGA’s content” and together with user content, “Collective Content”).
- You will not use, copy, adapt, modify, prepare derivative works of, distribute license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Collective Content, except to the extent that you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BMGA or its licensors, except for the licenses and rights expressly granted in these Terms.
- Subject to your compliance with these Terms, BMGA grants you a limited, non-exclusive, non- sub licensable, revocable, non-transferable license to access and view any Collective Content made available on or through the Website and accessible to you, solely for your personal and non-commercial use.
- Users shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
- Prohibited Activities.
- You shall not use the Service for any purpose that is prohibited by these Terms. You are responsible for all your activities in connection with the Service. Violation of our rules may result in the termination and cancellation of your BMGA Account. You acknowledge and agree that we may terminate any BMGA Account at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).
- Users shall not utilize the Website or the Service for any illegal purpose.
- You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Service. In connection with your use of the Website, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms;
- use the Website or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with BMGA.
- use the Website in connection with the distribution of unsolicited commercial messages (“spam”);
- offer as a trader;
- use the Website with the intention to circumvent any Service fees or for any other reason;
- request, accept or make any payment for orders outside of the BMGA Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold BMGA harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, tribe, origin, religion, gender, physical or mental disability, medical condition, marital status, or age, or otherwise engage in any abusive or disruptive behaviour;
- use, display, mirror or frame the Platform or Collective Content, or any individual element within the BMGA Platform, BMGA name, any trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page on the Platform, without our express written consent;
- dilute, tarnish or otherwise harm the BMGA brand in any way, including through unauthorized use of Collective Content, registering and/or using BMGA or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to BMGA domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by BMGA or any of BMGA’s service providers or any other third party to protect the BMGA Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the BMGA Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform;
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- You acknowledge that BMGA has no obligation to monitor the access to or use of the Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist BMGA in good faith, and to provide BMGA with such information and take such actions as may be reasonably requested by BMGA with respect to any investigation undertaken by BMGA or a representative of BMGA regarding the use or abuse of the Platform.
- 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 warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
- BMGA, its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; or c) the results of using the Service will meet your requirements.
- Links to Other Websites
- The Website may contain links to third-party websites or services that are not owned or controlled by BMGA.
- BMGA has no control over and assumes no responsibility for, the content privacy policies or practices of any third-party websites or services. You further acknowledge and agree that BMGA 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 websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
BMGA may terminate or suspend the provision of the Services in accordance with BMGA’s policies or Agreements for any reason whatsoever, including without limitation where any of these Terms is breached.
You agree to indemnify and hold harmless BMGA, its affiliates and subsidiaries, its officers, directors, employees and agents, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:
- your fraudulent or illegal use of the Service or the Website;
- your negligence or any default by you of any of these Terms;
- any inaccurate or incomplete information that you have provided to us;
- any service that you have offered, whether with or without our permission to another, third party using the Service or Website;
- any claim made against you for actual or alleged infringement of BMGA’s intellectual property rights or any actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Services or you use of the Site.
- Limitation of Liability
In no event shall BMGA, it’s 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:
- Your use of the Website or the Services or your inability to use the Website or the Service;
- any conduct or content of any third party on the Service;
- any 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;
- any legal proceedings between the you and any third parties.
- Incorporation by Reference
All Agreements and documentation referenced herein are hereby incorporated into these Terms and made a part hereof.
- Governing Law
- These Terms shall be governed and construed accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions.
- Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 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.
- Dispute Resolution
- Any disputes arising under or in connection with the validity, interpretation and performance of these Terms between BMGA and any third parties that cannot be resolved amicably by the parties through negotiation within 30 (thirty) days shall be resolved by Arbitration at the Lagos Court of Arbitration (LCA) before a single arbitrator in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria.
- The Parties shall endeavour in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (10) days of the request, they shall apply to the LCA to appoint an arbitrator. Arbitration proceedings shall be conducted in Lagos. The arbitrator will be requested to render an award within ninety (90) days and to provide, in writing the reasoning for the award. The decision of any such arbitrator shall be final and binding on the parties.
- Each party shall bear its cost in connection with the Arbitration and the arbitrator’s fees shall be split equally between both parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Website or Services. You may submit your feedback by emailing us at [email protected].Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting your feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Changes to Terms & Conditions
BMGA reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. BMGA encourages you to periodically review the Terms to stay informed of our updates.
- Contact Us
If you have any questions about these Terms, please contact us at [email protected].
This document was last updated on 10/18/2019