TermlyPlan’s Terms and Policies Quick Links: Privacy Policy | Affiliate Terms
Last updated: 19/01/2024
Welcome to TermlyPlan!
Festabiz Global Ventures, d/b/a TermlyPlan.com (referred to in this policy as “TermlyPlan,” “TermlyPlan.com,” “us,” “we,” or “our”) has established the following Terms and Conditions, which govern your relationship with TermlyPlan and provide crucial information about your legal rights (“Terms”).
These Terms elucidate the rules you are required to adhere to when you visit our online marketplace situated at TermlyPlan.com and its affiliated subdomains (collectively, the “TermlyPlan Marketplace”), any associated web pages we may host (referred to herein as the “Sites” in conjunction with the TermlyPlan Marketplace), our mobile applications when launched (“Apps”), and any other services we may offer. The Sites, Apps, and related services together constitute our “platform.”
The TermlyPlan Marketplace is an open platform where educators can discover, purchase, sell, and share their original content (lesson plans, lesson notes, question banks and other teaching resources) designed for teaching and learning (referred to as “Products”). These Products are electronically delivered files, digital goods in formats not limited to Microsoft Word, PDF, Microsoft PowerPoint, Excel, video formats, etc. TermlyPlan retains the right to modify, add, discontinue support for, or restrict the availability of any product type. A “Product Listing” combines a Product with its title, description, and other listing details.
The users of the TermlyPlan Marketplace consist of sellers, buyers, forum members, affiliate partners (“Members”) who have registered for a TermlyPlan account (“Account”) and visitors who browse the marketplace without registering for an Account (“Visitors”). Collectively, Visitors and Members are referred to as “Users.”
By using our platform as a Visitor, Member, or in any other capacity, you agree to adhere to these Terms, including the terms specified in our Privacy Policy, Community Guidelines, Sellers Fees and Payout Rates Policy, and any other terms or policies that are incorporated as part of these Terms.
1. Membership
A. Eligibility
To access various aspects of our platform, you are required to become a Member. Only individuals who are 13 years of age or older are eligible to become Members. By registering for an Account or using our Platform, you affirm and warrant that you are at least 13 years old.
When creating an Account, it is imperative that the information you provide is accurate and true. Fictitious or false information, information that infringes upon someone else’s rights, or impersonation of another individual is strictly prohibited.
We may request proof of your age or identity at any time to validate your Account, and if you contravene this rule or if we are unable to verify your age or identity, we may close or suspend access to your Account.
If your Account has been closed by TermlyPlan, you are no longer eligible to be a Member of our community.
B. Username & Password
Upon registration, you will be asked to enter a username for your Account. Your username must be unique and may not be inappropriate, offensive, or in violation of someone else’s rights.
You will also be required to choose a password to safeguard your Account. This combination of information is used to access your Account, and you are responsible for maintaining the confidentiality of your login details.
You are also responsible for any and all activities that occur under your Account, whether or not you have authorized them. If you suspect that your Account has been accessed by an unauthorized person, please promptly contact our Customer Experience team at support@termlyplan.com for assistance.
C. Membership Types
Buyers: You can become a Buyer (“Buyer”, “Buyer Membership”) on TermlyPlan to utilize our platform for the purchase and download of Products.
A Buyer Account is the property of the individual whose name and email address are listed on the Account profile. As a Buyer, you will have the ability to make purchases, download both free and purchased Products, post Feedback, questions, comments, or other public messages (“Communications”), connect with other Members, and access various other features and services we may provide.
Sellers: As a Seller (“Seller,” “Seller Membership”), you have the additional privilege of offering and selling Products through our platform. TermlyPlan reserves the right to modify your Seller Membership type at any time at our discretion. (For more information about Seller Memberships, please refer to subsection D below.)
Seller Memberships include all the features available to Buyer Memberships and extend to the capability of uploading and selling Products, accessing sales data, purchasing promotional space, utilizing marketing features and tools, and accessing additional information and communication features.
Affiliates: As an affiliate in the TermlyPlan marketplace, you will have the opportunity to promote and make commissions on a wide variety of products offered via the TermlyPlan marketplace. The products offered through the TermlyPlan marketplace are provided by our Sellers for sale by TermlyPlan.
Forum Users: TermlyPlan Discussion Forum offers educators the opportunity to connect, collaborate and support each other for the purpose of professional growth. As TermlyPlan Forum member, you can start discussions, engage and learn from other members. Every forum member is solely responsible for anything they post or upload on TermlyPlan and on the forum.
D. Memberships & Fees
Each purchase on TermlyPlan will incur charges in Nigerian Naira (NGN), which is the list price for each item you order. By placing an order, you assert and guarantee the accuracy of the billing information you have provided.
TermlyPlan is not accountable for the information supplied by Sellers and does not guarantee the accuracy thereof.
Buyers: Membership as a Buyer is free. Buyers may, at any time and upon listing or adding a product to the marketplace upgrade to Seller Membership, which requires they update their profile information.
Sellers: TermlyPlan offers multiple Seller Membership subscription options, each of which offers distinct features and privileges as well as different Payout Rates (commissions) and fees. Sellers can opt for the Free Basic Subscription package or the paid Standard or Premium Subscription packages.
“Fees” encompass (1) One-time Standard and Premium subscription fees (“Membership Fees”), and (2) fees charged per Product sold (“Transaction Fees”).
The “Marketplace Payout Rate” is defined as the percentage of the sale price that you earn for each Product you sell through the TermlyPlan Marketplace. Marketplace Payout Rates may vary depending on your Membership Subscription Package.
The applicable Marketplace Payout Rate is applied only to the sale price of each Product at the time of sale. The remainder of the sale price is retained by TermlyPlan as service and marketing fees. Further information on Marketplace Earnings and Payouts is provided in Section 5.
The Fees and Marketplace Payout Rates for each Seller are specified in our Seller Fees and Payout Rates Policy, which is incorporated as part of these Terms.
TermlyPlan reserves the right to make changes to the Memberships we offer, the privileges and features associated with each Membership, and the Fees and Marketplace Payout Rates applicable to each Membership, at our discretion.
Prior to implementing any Fee adjustment or change in Marketplace Payout Rates, we will provide advance notice to all affected Users via the email address linked to their account or via community discussion forum, as per the terms stipulated in these Terms. Changes in Marketplace Payout Rates will be applied to all affected Sellers as of the effective date stated for the change. Any increase in Membership Fees will be applied solely to new Members after the change takes effect.
Sellers are accountable for any other fees or expenses they may incur, as well as the payment of any relevant income, sales, or other taxes resulting from their utilization of our Services.
Sellers are responsible for paying any direct or indirect taxes, including VAT or income tax.
E. Relationship
These Terms constitute the entire agreement between you and TermlyPlan and govern your association with TermlyPlan. Owning an account with us does not establish an agency, employment, or partnership relationship between you and TermlyPlan. TermlyPlan is not the employer of any Member and does not act as an agent on behalf of any Member.
F. Account Closure
Closure by TermlyPlan: At our discretion, we may close or suspend the Account of any Member at any time, for any reason, with or without notice.
Closure by You: You have the prerogative to close your TermlyPlan account at any time without notifying us. You can close your Account directly from your account dashboard or by seeking assistance from our support team.
Effect of Account Closure: Following the closure of your account, you will lose access to your Account information, past purchases, uploaded Products, and many of the features of our platform that require an Account. If you personally close your Account, you can reopen it at any time by logging in again. If you prefer to have TermlyPlan close your Account so that it cannot be reactivated upon login, please reach out to us.
Retention of Communications: Communications that you have posted on the TermlyPlan site will not be removed upon Account closure. You may be able to delete or edit certain Communications at your discretion before closing your account. For more details regarding your Account information and our data retention practices, please refer to our Privacy Policy.
Sellers and Closed Accounts: For Sellers, any Products you have posted will no longer be searchable, and your Product pages will not be accessible to Users. However, your paid Products will remain accessible to the Accounts of Members who have previously purchased them.
Discontinuation of Services: We retain the right to modify, suspend, or discontinue the provision of our Services at any time. Such suspension or discontinuation may result in the unavailability of your Account, including any Products or other materials you have purchased from our Services, as well as any Products or Communications (collectively referred to as “Content”) you have uploaded to our Services, to you and other Users.
We are not liable for any consequences resulting from changes, suspension, or discontinuation of our Services, including the loss of access to purchased Products or the loss of income due to temporary or permanent inability to sell Products through our Services.
2. TermlyPlan Community
A. COMMUNITY GUIDELINES
As a user on our platform, it is necessary to adhere to our Community Guidelines, which are incorporated into these Terms. We hold the right to modify or introduce new rules at our discretion. In the event of a breach of any of these regulations, we may take action against your account, actions like deletion of Content you’ve shared, suspend or terminate your Account or issuing a refund to Buyer(s) or any other actions we deem necessary.
B. COMMENTS, RATINGS & REVIEWS
You may have the option to leave a review of a product you’ve purchased from the marketplace by providing a rating and a comment (“Feedback”). Any Feedback you choose to leave should reflect your honest experience buying and/or using the product and must comply with our Comments and Ratings Guidelines.
We may, at any time, set additional requirements or limitations for leaving Feedback. Sellers may not leave feedback on their own products but can reply feedback left for their products. Feedback is intended for the purpose of transparency, hence Seller may not leave themselves feedback and must avoid any action that undermines the integrity of our Feedback system. We may remove Feedback for any reason, at any time, without notice, and we may ban a Member from leaving future Feedback.
C. REWARDS PROGRAMS
We may, at our sole discretion, offer users opportunities to earn rewards (“Rewards”) through various programs or incentives (“Rewards Programs”). You can view the rules of our current Referral Program here.
We are under no obligation to offer any Rewards Program and we reserve the right, at our discretion, to change the Reward amount or Rewards Program requirements or the conditions for receiving future Rewards at any time and the right to revoke or withhold Rewards or ban a Member from receiving Rewards or participating in a Rewards Program. We reserve the right to modify, suspend, or discontinue any such Program at any time.
D. MONITORING CONTENT
TermlyPlan has the right, but not the obligation, to monitor any activity and Content associated with our platform. We may investigate any complaints or reported violations of our policies and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of your Membership, denying access, and/or removal of any Content on the site, including Products Listings.
3. Product Licensing Policy
A. IN GENERAL
We understand the importance of protecting your intellectual property. As a seller on our platform, you retain full ownership of the intellectual property rights to your digital products. We are committed to taking the necessary measures to prevent unauthorized access, reproduction, or resale of your digital products.
B. LIMITATION ON ACCESS
Access to products: TermlyPlan cannot guarantee continuous access to any Product through our product. For example, if at any time, TermlyPlan stops hosting a Product for any reason or you or TermlyPlan terminates, suspends, or otherwise limits your Account or access to TermlyPlan’s platform, your ability to access the Product through our platform may be terminated. It’s your responsibility to download, maintain and store a copy of your Products on your device to ensure future access. Some Products uploaded to our platform by Sellers may create accessibility issues when accessed with screen readers or other assistive technologies.
Security of the Resources: Sellers, Prior to uploading any Product, are responsible for making sure it is properly scanned to ensure it does not contain or transmit viruses, malware, or other harmful software programs. TermlyPlan will not be held responsible for any damage or harm resulting from product downloads that contain viruses, malware, or other harmful software programs.
4. Intellectual Property and Security
A. THE SERVICES AND THE SITE CONTENT
Except for Content uploaded or posted by Members, all other aspects of the Site and the Apps you find on our platform are owned or controlled by us.
You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Site Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission. By commercial purpose, we mean that you can’t sell, license, rent, use in your own business or website, incorporate into marketing materials or presentations, or make other commercial use of our Site Assets.
B. YOUR CONTENT
Rights you grant to TermlyPlan: Some parts of our platform’s services allow you to upload or post Content. You retain any intellectual property rights that you hold in that Content or Product. TermlyPlan does not take or claim any ownership (copyright, trademark, or otherwise) over your Content.
When you post or upload Content to our platform, you grant to us limited rights to store, use, display, and provide access to the Content you post as necessary to provide our Services, including Digital Services (defined and as further detailed below), such as to display your Product in your product page and on the marketplace and in search results, to make your Products available for download, and to display and promote your Products through our platform, through email, and ads on other sites or search engines, and through other marketing campaigns. For these purposes, you grant to us a nonexclusive, irrevocable, perpetual (except as otherwise provided herein), worldwide, sublicensable license to exercise any copyright, trademark rights, or other rights in and to your Content necessary to provide our Services to you and our other Users.
Additionally, when you post or upload Products to our Services, you grant TermlyPlan, in its sole discretion, the right, to make your Products available for use with digital (device-based and/or online) tools and features, as are now or hereafter, made available or enabled through the platform, such as any interactive resource tool that allows Products to be turned into device-based interactive activities where tools and features are “Digital Services” and the Products are “Digital Products”.
(For the avoidance of doubt, TermlyPlan does not take or claim any ownership (copyright, trademark, or otherwise) in or to Digital Products, and Sellers maintain the ownership they otherwise have in accordance with the Terms).
5. Payment, Marketplace Earnings, & Payouts
A. PURCHASING TERMS & REFUNDS
Refund Policy: When you list a Product or make a purchase on TermlyPlan, you agree to our Refund Policy. Except as provided in our Refund Policy, all sales are considered final and nonrefundable once an order is completed either by the buyer or autocomplete after three days of delivery. We may, in our sole discretion, modify our Refund Policy or, on a case-by-case basis, issue a refund for a reason that falls outside of our Refund Policy. Sellers may authorize a full or partial refund for any reason by contacting us.
Payment methods and currency: We may offer a variety of payment methods to pay for purchases, such as credit and debit cards, Online transfer/Direct Bank Deposit or USSD code. We accept payments in Nigerian Naira (NGN). We may change or add to our accepted payment methods at any time and are not obligated to accept payment by any means other than those accepted at the time of your purchase.
Promise to pay: When you buy a product on TermlyPlan (including Teaching Resources, Seller Memberships, Listing Promotion (feature), or other services, you represent and warrant that you’re authorized to make the purchase and to use the payment method and billing information you’ve provided. You further agree that TermlyPlan may charge your payment method the amount due, which will be in Nigerian Naira (NGN). We are not responsible for any additional fees you may be charged by your financial institution.
If we receive notice that you’ve disputed a charge related to a purchase made from your TermlyPlan Account, we may, at our discretion, offer proof to challenge the dispute. Pending resolution of the dispute, we may remove the purchased Products from your Account temporarily, or, if a refund is ultimately issued, permanently. In our discretion, we may take further action against your Account.
B. MARKETPLACE EARNINGS & PAYOUTS
Marketplace Earnings: For each sale through the TermlyPlan Marketplace, Sellers earn the applicable Marketplace Payout Rate that applies to their Membership Type (“Marketplace Earnings”). For each product successfully sold and completed on TermlyPlan Marketplace, Sellers with Basic (FREE) Subscription Package receive 60% Payout Rate or commission while Sellers with Standard and Premium (paid) Subscription packages receive 70% and 75% Payout Rate or Commission respectively.
Marketplace Earnings are reduced by the full amount of any Transaction Fees that apply. Marketplace Earnings, together with any other earnings Sellers can receive through our platform, are “Earnings” or “Revenue”.
Unless otherwise specified, Sellers Withdrawal Request are processed and paid biweekly (every two weeks or twice a month). “Payouts” are according to the schedule described in this Section.
Payout Account: Payout is made directly to a valid Nigerian bank account that has your name on it (i.e. your bank account name must tally with your profile name).
Schedule: We issue Payouts directly to sellers’ Nigerian bank accounts every Friday, for payout requests made the previous week. For example, if you submit payout request on Sunday, Monday, Tuesday, Wednesday, Thursday, Friday or Saturday, then expect credit alert the following week’s Friday.
Sellers must have a minimum of ₦1,050 Balance to request for payout. Sellers can request payout from their dashboard and enter their bank account details on the payout form following the format: Bank Name, Account Number, Account Name (For example: First Bank, John Doe, 1234567890). Payout is made directly to a valid Nigerian bank account that has your name on it. That is, your bank account name must tally with your TermlyPlan Profile Name.
We may, at our sole discretion, withhold or delay a Payout due to any Seller who we believe to be in violation of any of these Terms. After the matter is resolved, we will either refund the associated sale(s) or complete the Payout.
Payment Service Fees: Payment Services may assess transaction fees when we transfer your Payouts to you. We will deduct from your Payout an amount equal to or less than the transaction fee assessed to us by the Payment Services. These transaction fees are subject to change at the discretion of the Payment Services. We are not responsible for any additional fees or taxes you may incur from other third parties related to receiving or accessing your Payouts.
6. Your Privacy
A. OUR PRIVACY POLICY
The privacy and security of your data and the personally identifiable information you provide us are important to us. Our Privacy Policy explains the data we collect from you and how we use it. By using TermlyPlan website, you agree that we may use such data in accordance with our privacy policies.
B. HOSTED CONTENT
We don’t control and are not responsible for the Content posted by our Members, including any disclosures of personal information by our Members. However, it’s important to us that our Members respect the privacy rights of others. If you believe that Content on our Services violates your personal privacy rights, contact us at support@termlyplan.com
7. Indemnity
You agree to indemnify, defend, and hold harmless TermlyPlan, its directors, agents, affiliates, employees, administrators, and officers from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Services, including but not limited to any breach of these Terms, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.
8. Limitation of Liability & Warranty Disclaimer
Our Services: We work hard to ensure that our platform are always available and working properly, but disruptions do occur from time to time, and we can’t guarantee that any or all features will always work, or that our platform will be continuously available.
TermlyPlan is constantly working to improve our platform for all of our community Members and Users. We may update or change available functionality at any time. We make no guarantees to Sellers or other Members respecting the findability or searchability of any Product Listing offered through our platform. We make no guarantees about how much any Seller may earn or whether the level at which a Seller is earning is likely to continue into the future.
YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TERMLYPLAN (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OF THE SERVICES. WE MAKE NO GUARANTEES RESPECTING THE AVAILABILITY OF THE SERVICES, THE SECURITY OF THE PLATFORM AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION, THE CORRECTION OF ANY DEFECTS OR ERRORS, EXISTENCE OF ANY VIRUSES OR OTHER HARMFUL MATERIALS, OR ANY OTHER GUARANTEES.
YOU AGREE THAT TERMLYPLAN (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
TO THE EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL TERMLYPLAN BE LIABLE WITH RESPECT TO THE TERMLYPLAN SERVICES FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM FAILURE TO DELIVER OR DELAY OF DELIVERY OF SERVICES, OR FAILURE OF THE TERMLYPLAN MARKETPLACE, OR FROM LOSS OF PROFITS, SALES, DATA, BUSINESS, OPPORTUNITY OR GOODWILL, ON ANY THEORY OF LIABILITY, WHETHER ARISING UNDER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WHETHER OR NOT TERMLYPLAN HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, TERMLYPLAN IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, TERMLYPLAN’S ENTIRE LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO FIVE THOUSAND NAIRA ONLY (₦5,000 ONLY).
Content: The Products and Communications on our platform are uploaded or posted by our Members. The Content you see on our site and any views, opinions, or assertions presented are those of the Members who posted the Content and do not reflect the opinions, or the official policy or position of TermlyPlan.
TermlyPlan makes no representations or warranties as to the quality, accuracy, effectiveness, legality, appropriateness, security, or other aspects of any Content.
Interactions with other Members: You may have the ability to communicate, interact, or otherwise connect with other Members through our Service. It’s your responsibility to take precautions when sharing any information about yourself with another Member or anyone else, and you release TermlyPlan from any liability that may arise out of your interactions with another Member of our Service.
Third-Party Content: As you use our platform, there may be links, ads, or other ways for you to visit other websites not owned or controlled by TermlyPlan. When you access third-party websites, you do so at your own risk. TermlyPlan cannot and does not make any representations or warranties about other websites or services.
Third-Party Services: The Services may permit you to link to other websites or use other services or resources on the Internet in conjunction with our Service (“Third-Party Services”), and Third-Party Services may contain links to the Services. When you access Third-Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Third-Party Services. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods, or services available on or through any such Third-Party Service.
9. Changes to these Terms
We may make changes to these Terms from time to time. Whenever the changes we’re making are material to you, we’ll attempt to notify you before those changes go into effect so that you can choose whether or not to continue using our Services. To notify you, we may send a message to the email address we have for your Account, we may post notifications around our Services (this includes our blog or discussion forum), or we may use other communication methods to reach you.
This includes periodic changes to our Privacy Policy, Copyright, Community Guidelines, Seller Fees and Payout Rates Policy, and any other policies that are incorporated as part of these Terms.
The notice will include the date on which the changes will be effective. Continuing to use our Services after the changes go into effect serves as your acceptance of the changes.
10. Other Terms
A. DISPUTES WITH TERMLYPLAN
In the case of a dispute between you and TermlyPlan arising out of these Terms or your use of our Services, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Arbitration: Any dispute arising out of or related to or connected with any provisions under this Agreement shall be referred to the arbitration of a single arbitrator to be appointed jointly by the parties. The arbitration shall be conducted in Port Harcourt in accordance with the Arbitration and Conciliation Act LFN 2004 or any modification or re-enactment for the time being in force. The language of arbitration shall be English. The arbitration shall be held at Port Harcourt, Nigeria. The award of the arbitrator or arbitrators as the case may be shall be final and binding on the parties
Governing Law: The obligations, performance, interpretation and contents shall be governed by Nigerian law.
Venue: TermlyPlan is located in Port Harcourt, Rivers State Nigeria. Any dispute subject to Arbitration will take place in Port Harcourt, Rivers State, Nigeria. For any other judicial action that may arise between you and TermlyPlan, or for which our Arbitration clause is found not to apply, both you and TermlyPlan agree to submit to the venue and personal jurisdiction of the state and federal courts located in Port Harcourt.
B. NO WAIVER
Any failure by TermlyPlan to enforce any right or provision of these Terms does not constitute a waiver of that right or provision and will not limit our right to act or enforce these Terms against subsequent or similar breaches.
C. SEVERABILITY
If any part of these Terms is deemed invalid, unenforceable, or illegal, that part which is unenforceable shall be deemed severed from the Terms and will have no impact on the enforceability of the remainder of these Terms.
11. Survival of Terms
The following provisions survive if you cease using our Services or your Account is closed by you or by TermlyPlan for any reason:
Visitors: If you continue to access our Services as a Visitor, any Terms that apply to Visitors still apply to you. Intellectual Property Rights: You still have to respect our intellectual property rights as described in Section 4.A, and if you’ve posted Content, you’re bound by Section 4.B. Rules for Listing
Products: If you’ve sold Products, our rules requiring continued access to your Products for Members who have previously purchased or downloaded them still apply. This means, if you’re hosting any Product content through a third party, access through that third-party host must be maintained. Rules for Purchasing and Downloading Products: After your Account is closed, you have to follow the licensing rules about how you can use Products you’ve purchased or downloaded and who you can share them with, our Refund Policy, and our Payment Disputes policy.
Privacy Policy: Section 6 of these Terms and the terms of our Privacy Policy continue to apply, including data we collect from Visitors if you continue to visit our Site, how we treat and use your Account information after your Account is closed, and how you can report Content that you believe violates your privacy rights.
Earnings and Payouts: Any final Payouts due to you are subject to these Terms and will be paid in accordance with Section 5.
Disputes with TermlyPlan: Any legal action that might arise between you and TermlyPlan related to your use of TermlyPlan is governed by the provisions of Section 10.A of these Terms.
Warranty Disclaimer, Limitation of Liability, and Indemnity (Section 7 and Section 8): TermlyPlan’s warranty disclaimer remains in effect, you can’t hold TermlyPlan liable for losses or damages due to your use of TermlyPlan, and you still have to defend TermlyPlan against legal action arising from your use of the Services.
12. How to Contact Us
You can reach us by emailing support@termlyplan.com