Machi-Kunzult Terms of Service

Effective Date: 1 September 2023

ƒLast updated 19 January 2024

KINDLY READ THESE TERMS CAREFULLY BEFORE YOU USE THE SERVICES. BY USING THE SERVICES, YOU AFFIRM THAT: 

  1. YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS; AND
  2. YOU ARE LEGALLY CAPABLE OF ENTERING INTO A LEGAL AGREEMENT.

These Terms of Service is a legal agreement (“Agreement”) between you (the “user,” “you,” “your”) and Machi Kunzult Ltd. (“Machi Kunzult,” “we,” “our,” or “us”), a platform owned and managed by Machi Kunzult Ltd, a private limited company registered under the laws of Nigeria. As used in this Agreement, “Service” refers to Machi Kunzult’s services, as well as our website, any components, documentations, hardware, internet-based services, programs, software, tools, and any updates (including software maintenance, service information, help content, bug fixes, or maintenance releases) provided to you by Machi Kunzult, directly or indirectly.

Machi Kunzult may offer the Services by exclusively integrating third-party platforms or websites. These third-party platforms or websites might have their own terms of service and Privacy Notice. Machi Kunzult’s Terms of Service incorporate by reference all notices, policies, and other content that appear on our website at https://Machi Kunzult.com/ and third-party websites.

Interpretation

The following definitions and  interpretation will apply in this Agreement:

I. “Agreement”, “Terms of Service” – mean these terms of service as a whole;

II. “Data Protection Legislation” – Nigerian Data Protection Act including the Nigerian Data Protection Regulation 2019, and all other applicable legislations and regulatory requirements in force from time to time which apply to a party, all relating to the use of Personal Data;

III. “Documentation” – the documents, guides and other media made available to you by us online at https://www.machi-kunzult.com/ or at any other web address notified by us to you or through mobile application, which set out a description of the Services and any user instructions for the Services;

IV. “Effective Date” – the date of your first use of and/or access to the Services;

V. “Personal Data” – has the meaning defined in the Privacy Notice or Data Protection Legislation;

VI. “Services” – Machi-Kunzult platform and other services (including any associated API) provided or made accessible by us to you online at  https://machi-kunzult.com/ or any other website notified by us to you or through mobile application.

1. Machi-Kunzult Services

Machi-Kunzult provides convenient virtual and in-person consultations with experienced doctors and specialists in the health sector through its product/solution, MachiCare. Our platform facilitates streamlined appointment bookings via user-friendly mobile apps, ensuring efficient and personalized care. Beyond this, we provide a variety of specialized services, spanning dentistry, optometry, laboratory services, gym facilities, and spa treatments, all aimed at prioritizing your holistic well-being. Furthermore, the integrated pharmaceutical vendors’ store enhances the app’s offerings, enabling patients to seamlessly browse and purchase a diverse range of health and wellness products.

2. Privacy Notice

Whenever you use our Services, you consent to the collection, storage, transfer, and use of your information as described in our https://machi-kunzult.com/data-privacy/ This includes any information you choose to provide that is deemed sensitive under applicable laws and regulations. The terms on which we process any personal information that we collect from you or that you provide to us are described in our Privacy Notice. The Privacy Notice is available on our website at https://machi-kunzult.com/  and by using the Services, you agree to the Privacy Notice and consent to the processing of any personal data described in the Privacy Notice and you warrant that all data that you provide to us is reliable, verifiable and accurate.

3. Amendment of Terms

We may amend the Terms from time to time. You should visit the Machi-Kunzult website regularly to check when the Terms were last updated (as displayed at the top of this document) and to review the current Terms. We will do our best to notify you of any amendments to the Terms that we consider likely to materially affect your rights and obligations. Any such notice will be posted on our Site, or sent by email to the address associated with your  Machi-Kunzult account. The continued use of your Machi-Kunzult account, after any amendment to these Terms, constitutes your acceptance of the Terms, as modified by such amendment. If you do not accept the Terms, or any amendment to them, you must immediately stop using the  Machi-Kunzult Site and your  Machi-Kunzult account.

4. Using the Services

You are responsible for the software, device, and other hardware, Internet service, and mobile data service (and all associated fees) that you need to access and use the Services. We currently charge transaction fees for the Services and reserve the right to change these fees in the future. If we change our fees, applicable rates will be communicated online via Our website https://machi-kunzult.com/ or we may elect to update you via any of our communication channels.

4.1. Our Services

MachiCare: Our healthcare App designed to revolutionize healthcare by offering convenient access to medical services, personalized health records, and seamless communication between patients, doctors, and administrative staff. Our App aims to streamline healthcare operations, enhance patient engagement, and break down barriers to access quality medical care. MachiCare promises specialized services integration, efficient practice management, data security and compliance, centralized patient data, enhanced patient engagement, and collaborative care.

4.2 User Mobile App: 

We offer personalized healthcare at your fingertips. When you use our mobile App, you will enjoy:

4.2.1. Onboarding Screen: Get acquainted with our app’s features and functionalities in a quick, informative overview. 

4.2.2. User Registration: Seamlessly sign up, sharing crucial information and health insights for a tailored experience. 

4.2.3. Login Screen: Safeguard your data with secure login options, including email and SMS verification for added protection. 

4.2.4. Dashboard: Gain insights into your health journey with a comprehensive overview of health records, appointments, and events. 

4.2.5. Basic Health Records: Access your complete medical history, allergies, test results, diagnoses, and prescribed medications. 

4.2.6. Appointment Booking: Schedule, reschedule, or cancel appointments with doctors, supported by automated reminders.

4.2.7. Communication Channel: Engage in secure chat/video sessions with our healthcare providers for personalized support and guidance.

4.2.8. Events: Stay informed with real-time health news and updates through our

dedicated event feed.

4.2.9. Access to prescriptions and constant reminder of a low dosage and a marketplace for users to order health and wellness products.

4.3 Freelance Doctor Mobile App

We provide personalized telemedicine at your fingertips. When you use our mobile app as a freelance doctor, you will enjoy:

4.3.1 Onboarding Screen: Familiarize yourself with our app’s features and functionalities through a quick, informative overview.

4.3.2 User Registration: Seamlessly sign up, share crucial information and health insights for a tailored experience, and submit your practice license for verification.

4.3.3  Login Screen: Safeguard your data with secure login options, including email and SMS verification for added protection.

4.3.4  Dashboard: Gain insights into your health journey with a comprehensive overview of health records, upcoming appointments, and your specialty.

4.3.5 Appointment Booking: Efficiently manage appointments, accept or reject bookings.

4.3.6  Communication Channel: Engage in secure chat/video sessions with patients at the scheduled appointment time virtually.

4.3.7 Events: Stay informed with real-time health news and updates through our dedicated event feed.

4.3.8 Earnings from Consultations: As a freelance doctor providing online consultations through our platform, you will receive 85% of the consultation fee, while MachiCare will retain 15%.

You can access our marketplace to buy pharmaceuticals, health, and well-being products.

4.4 Web App 

With our web App, you can access different roles depending on your usage. They include: Hospital Administrators, Doctors, Staff, Nurses, Lab Scientists, pharmaceutical vendors, etc

4.4.1 Hospital Administrators: With this feature, our healthcare providers can effortlessly manage healthcare operations and ensure streamlined functionality. Using this feature, hospitals  and healthcare service providers on our platform can enjoy:

  • a. Admin Registration: Hospital administrators can seamlessly register after changing the initial login provided by the healthcare providers for enhanced access.
  • b. Required details for registration: Hospital name, address, phone number, email, website, about the hospital, area of specialties, and bank account details for payment of virtual consultation.
  • c. Login Screen: Secure access using email and password created, bolstered by email verification.
  • d. Hospital Admin Dashboard: Oversee doctor and admin registrations, appointment management, and total earnings.
  • e. Account Management: Modify and manage personal data, access rights, and login credentials.
  • f. Admin is also responsible for creating an account for the rest of the staff, doctors, nurses, and lab scientists and providing them with the initial login with their email.

4.4.2. Doctor and Lab Scientist: Doctors and lab scientists are empowered with a dedicated platform to enhance patient care and engagement. Using this feature, doctors and lab scientists on our platform can enjoy:

  • a. Doctor Registration: Simplified registration after logging in with the initial credentials provided by the Admin, completing the registration form with personal information, whereas for the Admin, the information is being completed with the details of the hospital.
  • b. Login Screen: Secure login for doctors with email verification.
  • c. Doctor Dashboard: Access patient health records, prescribe medications, and communicate securely.
  • d. Prescription Management: Issue prescriptions, view patient profiles, and enhance patient communication. 

Please note that this feature allows lab scientists to have the ability to record lab test results and issuance of the same, doctors do not have such right. However, they have the right to see patients’ health records and administer prescriptions.

4.4.3. Staff and Nurses: This feature helps staff members and nurses facilitate efficient hospital operations and enhance staff-patient interactions. Using this feature, staff members and nurses will enjoy:

  • a. Registration: Simplified registration after logging in with the initial credentials provided by the Admin, completing the registration form with personal information, whereas for the Admin, the information is being completed with the details of the hospital.
  • b. Login Screen: Secure login for staff and nurses, fortified by email verification.
  • c. Staff Dashboard: Efficiently manage appointments, assign appointments to the relevant doctor or lab scientist, and communicate with doctors and hospital admin through the chat features.
  • d. Health Record Request Management: Monitor user basic health record requests and facilitate deliveries.

Please note that under this feature, nurses are responsible for taking patient’s vitals, while staff members are not allowed to perform such tasks.

4.4.4 Pharmaceutical Vendors: Under this role, vendors are required to: 

  • a. register independently through the web app and upload their practice license for verification. Pharmaceutical entities can upload their products and sell them through the mobile app. 
  • b. Only users registered on the mobile app will have access to purchase the pharmaceutical products. Vendors may be limited to uploading over-the-counter medications and medical devices.
  • c. Vendors are responsible for shipping products to the buyer. Upon the buyer’s receipt of the product, payment is released to the vendor. If the buyer fails to confirm delivery within 20 days of shipment, the payment will still be released to the vendor. Please refer to our refund policy for further details. https://machi-kunzult.com/refund-policy/
  • d. A fee of 10%, inclusive of 7.5% VAT, is charged for every product sale. This means that for every product a vendor sells on our platform, MachiCare, 10% is retained by us.

4.5. Eligibility: By opening an Account with us, you expressly warrant and represent that:

I. You are 18 years of age or over and have full capacity to accept the Terms and enter any transaction available through the Machi-Kunzult Site;

II. You will not open or attempt to open an Account under any name except your own, or use your Account to carry out transactions on behalf of a third-party;

III. You will follow the Machi-Kunzult account sign-up process if you seek to open and use a  Machi-Kunzult account for a non-individual legal entity (e.g. a company, trust or partnership);

IV. You will not have more than one Machi-Kunzult account; use or access any Machi-Kunzult account other than your own; or assist any other person in obtaining unauthorized access to any  Machi-Kunzult account;

V. You will not use your  Machi-Kunzult account for or in relation to any illegal activity, any prohibited activity, in violation of any applicable laws, or regulations.

4.5 Sign Up: To enjoy all the amazing benefits that Machi-Kunzult provides, you are required to create an account. This account will allow you access to the Machi-Kunzult ecosystem where you can initiate transactions, manage your team, and connect your product. Creating an account is easy. We require your full name, business name, email address, and password. To create an account for your business or organization, kindly visit https://machi-kunzult.com/. 

4.6. Availability of the Services:  We do not guarantee availability of the Services at all times of the day. The availability of the Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications, blockchain network congestion, or network issues, all of which are out of the total control of Machi-Kunzult.

4.7. Updates to the Services: Machi-Kunzult may from time to time perform upgrades, updates, bug fixes, or error corrections to the Services (Updates) or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as expressly agreed in writing, Machi-Kunzult has no obligation to provide access to or support for the Services and is not responsible for any delay, delivery failure, or other damage resulting from use of the Services. Updates are part of the Services and subject to these Terms. Your continued use of the Services after the Effective Date constitutes your acceptance of the Updates.

4.8. License to Use the Site: If you comply with these Terms of Service, Machi-Kunzult grants you the limited right to use the Site and the Services. The right to use the Site and the Services is a personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable, limited license, and it is subject to the limitations and obligations in these Terms of Service. Nothing in these Terms of Service gives you any license (other than as set out in this paragraph), right, title, or ownership of, in, or to the Site, any of the Service, or the Machi-Kunzult Marks. The Site may suspend or terminate the Service to you, your Machi-Kunzult account at its sole discretion, as required by applicable Laws or where Machi-Kunzult determines that you have violated, breached, or acted inconsistent with any of these Terms of Service.

4.9. Restrictions on Your Use of the Services: You may use the Services for lawful, non-commercial purposes only.  You agree that you will not (and you agree not to encourage or allow any third-party to):

I. Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ accounts or Machi-Kunzult’s computer systems or networks;

II. Copy, modify, translate, adapt, or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;

III. Decompile, reverse engineer, disassemble, or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);

IV. Remove, alter, or obscure any copyright, trademark, or other intellectual property or proprietary notices contained in the Services;

V. Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape, data mine, or index any portion of the Services;

VI. Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast, or otherwise make available or exploit any features or functionality of the Services including through time-sharing, use of service bureau or by otherwise making the Services available on a network on which they are accessible by more than one device at any time;

VII. Reformat or frame any portion of the web pages that are part of the Services without Machi-Kunzult’s written consent;

VIII. Negligently, recklessly, knowingly, or intentionally transmit or upload any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous;

IX. Cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Services or otherwise interfere with others’ use and enjoyment of the Services;

X. Create an Account under fraudulent pretenses;

XI. Engage in abusive, deceptive, defamatory, fraudulent, harassing, embarrassing, hateful, libelous, obscene, pornographic, threatening, violent, or otherwise offensive or unlawful acts or behavior;

XII. Collect or store Personal Information (as defined in the Privacy Notice) about or otherwise invade the privacy of any other user without his or her express prior written consent; or

XIII. Attempt to circumvent or evade any content filtering or blocking techniques we employ, or attempt to access the Services from anywhere other than a Permitted Region, as defined below.

5. Links to Other Websites and Services 

The Services also may contain links to other websites or online services that we think may interest you (collectively, “Linked Services”).  Linked Services are not under the control of Machi-Kunzult and Machi-Kunzult is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by Machi-Kunzult of the Linked Services or any association with the operators of the Linked Services. Machi-Kunzult does not investigate, verify, or monitor the Linked Services.  Machi-Kunzult provides links to Linked Services for your convenience only. You access Linked Services at your own risk. If you decide to use these third party services, you will be responsible for reviewing and understanding the terms and conditions associated with them. You agree that Machi-Kunzult is not responsible for the performance of these services. You may be offered services, products and promotions provided by third parties and not by Machi-Kunzult. The Website may contain links to third-party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Machi-Kunzult.

6. Prohibited Activities

6.1. In connection with your use of our website, your account, the Machi-Kunzult Services, or in the course of your interactions with Machi-Kunzult, other Users, or third-parties, you will not:

I. use the Site or any Services in order to disguise the origin or nature of illicit proceeds of, or to further, any breach of applicable Laws, or to transact or deal in, any contraband digital assets, fiat, funds, property, or proceeds;

II. use the Site or any Services to evade taxes under the Laws of Nigeria or any other jurisdiction(s) applicable to you or the Site;

III. use the Site or any Services to interfere with or subvert the rights or obligations of Machi-Kunzult or the rights or obligations of any other Site user or any other third-party;

IV. use the Site or any Services to engage in conduct that is detrimental to Machi-Kunzult or to any other Site user or any other third-party;

V. falsify or materially omit any information or provide misleading or inaccurate information requested by Machi-Kunzult, including at registration or during the course of administering any Services to you;

VI. cause injury to, or attempt to harm, Machi-Kunzult or any third party through your access to the Site or any Services;

VII. where you are subject to prohibitions or restrictions as set forth above, access the Site or use any Services utilizing any virtual private network, proxy service, or any other third-party service, network, or product with the effect of disguising your IP address or location, or

VIII. violate, cause a violation of, or conspire or attempt to violate these Terms of Service or applicable Laws.

6.2. If Machi-Kunzult determines that you have engaged in any Prohibited Use as defined in 6.1 above, Machi-Kunzult may address such Prohibited Use through an appropriate sanction in its sole and absolute discretion. Such sanction may include, but is not limited to, making a report to any Government, law enforcement, or other authorities, without providing any notice of you about any such report; confiscation of any fiat, funds, property, proceeds, or digital assets in any digital assets account or wallet that you have on the Site; and, suspending or terminating your access to any Services or fiat, funds, property, or digital assets from any digital assets account or wallet address.Machi-Kunzult may, at its sole and absolute discretion, seize and deliver your property to any applicable Government, law enforcement, or other authorities where circumstances warrant. In addition, should your actions or inaction result in the imposition of economic costs to Machi-Kunzult, you shall pay an amount to Machi-Kunzult so as to render Machi-Kunzult whole, including without limitation, the amount of taxes or penalties that might be imposed on Machi-Kunzult.

7. Intellectual Property 

“machi-kunzult.com” and all other URLs, logos, and trademarks related to the Machi-Kunzult Services are either trademarks or registered trademarks of Machi-Kunzult or its licensors. You may not copy, imitate, or use them without Machi-Kunzult’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, or trade dress of Machi-Kunzult. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Machi-Kunzult through our merchant services, auction tools features, or affiliate programs without prior written consent for the purpose of directing web traffic to the Machi-Kunzult Services. You may not alter, modify, or change these HTML logos in any way, use them in a manner that is disparaging to Machi-Kunzult or the Machi-Kunzult Services, or display them in any manner that implies Machi-Kunzult’s sponsorship or endorsement. All right, title, and interest in and to the Machi-Kunzult website, any content thereon, the Machi-Kunzult Services, the technology related to the Machi-Kunzult Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Machi-Kunzult and its licensors.

8.  General Terms

8.1. Limitation of Liability

Subject to the maximum extent permitted by Applicable Law,  in no event shall Machi-Kunzult, our parent, subsidiaries, affiliates, our officers, directors, agents, joint ventures, employees, or suppliers be liable any claim, application, loss, injury, delay, accident, cost, lost of profits or any special, incidental, or consequential damages (including without limitation damages for loss of data or loss of business whether resulting from hacking, tampering, or other unauthorized access or use of the Service or your account or the information contained therein), business interruption costs, any other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), or for any direct, indirect, incidental, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, computer failure or malfunction, work stoppage, data or other intangible losses that may result from the use of, inability to use, unavailability of the Service, or use of or inability to use third-party products, any amount in excess of the amount paid by you for the product that gives rise to any claim, or any and all other commercial losses directly or indirectly arising out of or related to: these Terms of Service; the Services, and your use of any of them; the Site, and your use of it; the real or perceived value of any currencies or digital tokens or assets traded on the Site, or the price of any digital token or asset displayed on the Site at any time; any inaccurate, misleading, or incomplete statement by Machi-Kunzult or on the Site regarding your digital tokens or assets account, whether caused by Machi-Kunzult’s negligence or otherwise; any failure, delay, malfunction, interruption, or decision (including any decision by Machi-Kunzult to vary or interfere with your rights) by Machi-Kunzult in operating the Site or providing any Service; errors, mistakes, or inaccuracies of content; any interruption or cessation of transmission to or from the service, or any delay in performing our obligations under this agreement, regardless of whether the failure or delay is caused by an event or condition beyond our control; any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service by any third party; user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Machi-Kunzult, its processors, agents, suppliers, licensors, or networks (or respective affiliates, agents, directors, and employees) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount of fees earned by us in connection with your use of the service during the three (3) month period immediately preceding the event giving rise to the claim for liability; any stolen, lost, or unauthorized use of your Machi-Kunzult account information, any breach of security or data breach related to your Machi-Kunzult account information, or any criminal or other third party act affecting Machi-Kunzult or any Associate; or, any offer, representation, suggestion, statement, or claim made about Machi-Kunzult, the Site, or any Service by any third parties or partners.

8.2. Application of Limitations

The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or Machi-Kunzult was advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

8.3. The Service is controlled and operated from facilities in Nigeria

Machi-Kunzult makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations.

8.4. Indemnity 

8.4.1. To the fullest extent permissible by Applicable Law, you hereby agree to release Machi-Kunzult from liability for any and all Losses, and you shall indemnify and save and hold the Associates harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if Tradify has been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.

8.4.2. You agree to defend, indemnify, and hold Machi-Kunzult, affiliates, and our officers, directors, agents, joint ventures, employees, and suppliers harmless from any claim, demand (including attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your breach of this Agreement and/or use of the Machi-Kunzult Services.

8.5. Your Liability

Your Liability in the use of the services are as follows:

8.5.1. General. You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties, and other liability incurred by Machi-Kunzult, a User, or a third party caused by or arising out of your breach of this Agreement or your use of the Machi-Kunzult Services. You agree to reimburseMachi-Kunzult, a User, or a third party for any and all such liability.

8.5.2. Liability for instructions given by you on your Account. Any instructions given by you on your Account (whether verbal or in writing) once you have been authenticated will be relied on by Machi-Kunzult. Machi-Kunzult will not be liable for any loss or damage you or anyone else suffers where Machi-Kunzult acts on those instructions in good faith, unless it was proved that Machi-Kunzult was negligent.

8.6. No Warranty

The Machi-Kunzult services are provided “as is” and without any representation of warranty, whether express, implied, or statutory. Machi-Kunzult, our parent, and affiliates, our officers, directors, agents, joint ventures, employees, and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Machi-Kunzult does not have any control over the products or services that are paid for with the Machi-Kunzult Services and Machi-Kunzult cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction or is authorized to do so. Machi-Kunzult does not guarantee continuous, uninterrupted, or secure access to any part of the Machi-Kunzult Services, and operation of our site may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control.  Machi-Kunzult will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Machi-Kunzult makes no representations or warranties regarding the amount of time needed to complete processing because the Machi-Kunzult Services are dependent upon many factors outside of our control, such as delays in the banking system or mail service.

8.7. No Waiver

Our failure or delay to act with respect to a breach by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches.

8.8. Notices

You agree that Machi-Kunzult may communicate with you about your Account, the Machi-Kunzult Services, and this Agreement electronically. Machi-Kunzult reserves the right to close your Account if you withdraw your consent to receive electronic communications. Any electronic communications will be considered to be received by you within 24 hours of the time we post it to our website or email it to you. Any notice sent to you by postal mail will be considered to be received by you 3 Business Days after we send it.

8.9. Insolvency Proceedings 

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Machi-Kunzult will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.

8.10. Release of Machi-Kunzult

If you have a dispute with one or more Users, you release Machi-Kunzult and Affiliates (and their officers, directors, agents, joint ventures, employees, and suppliers) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

9. Actions by Machi-Kunzult for Restricted Activities 

9.1. If Machi-Kunzult, in its sole discretion, believes that you may have engaged in any Restricted Activities or Prohibited Activities, we may take various actions to protect Machi-Kunzult, Affiliates, other users, other third parties, or you from reversals, chargebacks, claims, fees, fines, penalties, and any other liability. The actions we may take include but are not limited to the following:

9.2. We may close, suspend, or limit your access to your Account or the Machi-Kunzult Services;

9.3. We may hold, apply, or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Nigeria or elsewhere and directed to Machi-Kunzult or its Affiliates;

9.4. We may refuse to provide the Machi-Kunzult Services to you now and in the future; and

We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Machi-Kunzult or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity or transactions.

10. Termination

10.1. Machi-Kunzult has the right, at its discretion and without liability to you, with or without prior notice or with or without your consent, to temporarily terminate or permanently terminate your access to all parts or any part of our services. In cases of violation of our Terms of Service, Machi-Kunzult reserves the right to remedy such violations in accordance with law and in equity, including without limitation, the right to restrict, suspend, or terminate your account or deny you access to the Services without notice; and whenever the need to cooperate with law enforcement regarding enquiries or need to comply with law arises, Machi-Kunzult shall be entitled to disclose information including, but not limited to, your user identity, and personal details.

10.2. You agree and accept that Machi-Kunzult has the right to restrict and terminate your account without notice in the following situations, but not limited to these situations:

I. Where we suspect that you are acting in breach of this Agreement; that your account is being used for or associated with fraud, or fraudulent activity;

II. Where your name appears in any governmental sanction list; that you are taking any action that may circumvent our controls such as opening multiple Machi-Kunzult accounts or abusing promotions offered;

III. Where your account is subjected to operational error or other error which may require us to suspend your account pending when such errors are treated;

IV. Where we have reason to believe that another Machi-Kunzult account provided by us or one of our group companies is held by you and has been used for any fraudulent activity, money laundering, terrorism financing, or other criminal activity; 

IV. Where you violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services;

10.3. Regarding suspension, you agree that we may suspend your Machi-Kunzult account at any time if:

I. We reasonably believe that your Machi-Kunzult Account has been compromised or for other security reasons; or

II. We reasonably suspect that your Machi-Kunzult account has been used or is being used without your authorization or used fraudulently; and we shall notify you either before the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.

10.4 Your right to terminate: You may terminate this Agreement by closing your Account at any time. When you close your Account, any pending transactions will be canceled. Any funds that may be held for you by us at the time of closure, less any applicable fees, will be paid out to you according to an agreed pay-out schedule, assuming all pay-out-related authentication requirements have been fulfilled (for example, you may not close your Account as a means of evading your pay-out schedule).

10.5. Effect of Termination: Machi-Kunzult will not be liable to you or any third party for termination of access to the Service, deletion of your information or Account data, or export of your information or Account data. We will not be liable to you for compensation or damages in connection with any termination or suspension of the Service. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in this Agreement.

11. Fiduciary and Brokerage Services

11.1. Machi-Kunzult does not offer or provide any fiduciary or brokerage services, which may include investment advice and portfolio management, in conjunction with the Services or your use of the Services.

11.2. By using or allowing any person, fiduciary service provider or broker to operate or use your user account, you do so solely at your own risk, and we will have no liability or obligation to you whatsoever concerning such operation or use of your user account.

12. Dispute Resolution 

12.1. Contact Machi-Kunzult First 

If a dispute arises between you and Machi-Kunzult, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Machi-Kunzult regarding the Machi-Kunzult Services may be reported to support@machi-kunzult.com at any time.

12.2. Mediation 

If a Party determines after negotiating in good faith for a period of fourteen (14) days, that any disputes or differences which may arise between the parties out of this Agreement cannot be resolved through negotiation, such matters shall be settled by mediation. Online mediation processes may be deployed. If mediation also fails or both parties fail to agree on a mediator within another 14 days after the initial 14 days, parties shall apply to Lagos Multi-Door Court (LMDC) for dispute resolution under the LMDC Mediation Procedure Rules or such other rules mutually agreed by the Parties. The proceedings shall be conducted in English Language and the Laws of the Federal Republic of Nigeria shall apply.

12.3. Arbitration

Where dispute resolutions under 12.1 — 12.2 above have been explored; if unsatisfied, a party may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through any other established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions. The specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

12.4. Law and Forum for Dispute 

Except as otherwise agreed by the parties or as described in this provision, you agree that any claim or dispute you may have against Machi-Kunzult must be resolved by a court located in Nigeria or where the defendant is located. You agree to submit to the personal jurisdiction of the courts located within Nigeria for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of Nigeria as such laws are applied to agreements entered into and to be performed entirely within Nigeria, without regard to conflict of law provisions.

12.5. Confidentiality

All Alternative Dispute Resolution (ADR) proceedings and all information submitted, relating to or presented in connection with or during the proceeding, shall be deemed confidential information not to be disclosed to any person not a party to the proceedings. All communications, whether written or oral, made in the course of or in connection with the Claim and its resolution, by or on behalf of any party or by the arbitrator or a mediator, including any arbitration award or judgment related thereto, are confidential and inadmissible for any purpose, including impeachment or estoppel, in any other litigation or proceeding; provided that evidence shall not be rendered inadmissible or non-discoverable solely as a result of its use in the dispute resolution proceedings.

12.6. Improperly Filed Litigation

All claims you bring against Machi-Kunzult must be resolved in accordance with the provisions of this agreement. All claims filed or brought contrary to these provisions shall be considered improperly filed and a breach of this agreement. Should you file a claim contrary to this provision, Machi-Kunzult may recover attorneys’ fees and costs (including in-house attorneys and paralegals) provided that Machi-Kunzult has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. 

12.7. Time Limitation

You agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues; otherwise, the cause of action is permanently barred.

12.8. Class Actions

Any arbitration under this Agreement will only be on an individual basis. Class arbitrations, class actions, private-attorney general actions, and consolidation with other arbitrations are not permitted, and you are waiving your rights to have your case decided by a jury (assuming the jurisdiction operates a jury system) and you are also waiving your right to participate in a class action against Machi-Kunzult.

13. Miscellaneous

13.1. Entire Agreement 

These Terms constitute the entire Agreement and understanding between you and Machi-Kunzult with respect to their subject matter and supersede any and all earlier discussions, agreements, and understandings of any kind between you and Machi-Kunzult (including but not limited to any earlier versions of these Terms).

13.2. Severability

If any provision of these Terms, as amended from time to time, is determined to be illegal, invalid, or unenforceable in whole or in part under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected and everything else in these Terms will continue in full force and effect. In the event that any provision or part thereof of these Terms is determined to be illegal, invalid, or unenforceable, that provision or part thereof shall be replaced by the parties with a legal, valid, and enforceable provision or part thereof that has, to the greatest extent possible, a similar effect as the illegal, invalid, or unenforceable provision, given the content and purpose of these Terms.

13.3 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without Machi-Kunzult’s prior written approval. You give Machi-Kunzult approval to assign or transfer these Terms in whole or in part, including but not limited to: (i) a subsidiary or affiliate; (ii) an acquirer of Machi-Kunzult’s assets, business, or equity; or (iii) a successor by merger.

13.4. Change of control  

In the event that Machi-Kunzult is acquired by or merged with a third party, we reserve the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

13.5. Force Majeure 

Machi-Kunzult shall not be liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of terrorists, civil disturbance, act of civil or military authorities, failure of equipment or software, fire, strike or other labor dispute, interruption in telecommunications or Internet services or network provider services, war, or catastrophe or any other occurrence which is beyond our reasonable control.

13.6. Survival

All provisions of these Terms that by their nature extend beyond the expiry or termination of these Terms, including but not limited to, sections relating to the suspension or termination of your Machi-Kunzult Account, use of theMachi-Kunzult Site, intellectual property, disputes with Machi-Kunzult, and general provisions, shall survive the termination of these Terms.

13.7. Headings

Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.

13.8. The English language controls this Agreement 

Notwithstanding any other provision of these Terms, any translation of this Agreement is provided solely for your convenience. Any translation provided may not accurately represent the information in the original English. The meanings of terms, conditions, and representations in this Agreement are subject to definitions and interpretation in the English language.

16.9. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the Federal Republic of Nigeria and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Contact Us

If you have any issues or questions in relation to these Terms, your rights and obligation arising from them, or your use of the Site and Service, your account, or any other issue, please contact Machi-Kunzult Ltd by emailing support@machi-kunzult.com or writing us: 

Machi-Kunzult Ltd,

3rd Floor, 35 Olowu Street Ikeja, 

Lagos, Nigeria.