Terms of Use

1.1  Welcome to CliqMi! We are an online content portal providing access to content across diverse categories including but not limited to music, education, sports, music, movies, TV shows, comedy, fashion and vlogs (CliqMi Content). We provide our members with access to content in a variety of formatsincluding text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view over the Internet to certain Internet-connected mobile devices such as smartphones, tablets, computers and other devices ("CliqMi-ready devices"). 

 

1.2  The CliqMi service is provided to you by CliqMi Media Limited, a limited liability company registered under the Laws of the Federal Republic of Nigeria. These Terms of Use govern your use of our service. As used in these Terms of Use, "CliqMi service", "our service" or "the service" means the service provided for accessing CliqMi Content, including all features and functionalities, website, and user interfaces, as well as all CliqMi Content and software associated with the service.

 

1.3  By using CliqMi, you are deemed to have read and agreed to the Terms and Conditions as may be reviewed from time to time. The following words used in this Statement of Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements shall have the following meaning: "Client or Customer", "You" and "Your" refers to you, the person using CliqMi and accepting this Terms and Conditions. "The Company", "Ourselves", "We" and "Us", refers to CliqMi Media Limited. "Party", "Parties" refers to both the Client and ourselves, or either the Client or ourselves. 

Subscription: 

2.1  You may subscribe to any of our subscription plans. This could be monthly or annually or according to any other plan that we may introduce. We also operate a freemium model whereby certain contents are made available to you free of charge. However, you would be required to subscribe to content we may categorise as premium content. Unless you cancel your subscription before your renewal date, you authorize us to charge your next renewal fee and payments for purchase of CliqMi Content and CliqMi Service through any of the billing arrangements available on this platform or a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). Payment Method (see "Cancellation" below). To use the CliqMi service you must have Internet access and a CliqMi-ready device.

2.1. CliqMi may give you a free trial period for any content as it may determine at its absolute discretion. You will be notified whether a particular content is available for free trial and whether you are eligible for a free trial. The free trial lasts for the period specified by CliqMi and is intended to allow new Users and existing Users to familiarize with certain CliqMi Service or content.

2.2  We will bill your Payment Method for your subscription fee at the end of the free trial period unless you cancel your subscription prior to the end of the free trial period. You may not receive a notice from us that your paid subscription has begun.

 

 

Billing

3.1  Billing Cycle: The subscription fee for our service will be billed on a monthly or annual basis to your Payment Method on the calendar day corresponding to the commencement of your paid subscription. In some cases the timing of your billing may change, for example if your Payment Method has not successfully settled or if your paying subscription began on a day not contained in a given month. 

 

3.2  Payment Methods: You can change your Payment Method on our website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the provider of your Payment Method may charge you a transaction fee or other charges. Check with your Payment Method service provider for details.

 

3.3  No information pertaining to payment is shared with us as you supply all the payment-related information to the designated Payment Processor. CliqMimay only exchange information about your purchase with the Payment Processor in order to facilitate completion or reversal of payments, resolution of disputes and provision of customer support.

 

3.4  Cancellation: You can cancel your CliqMi subscription at any time, and you will continue to have access to the CliqMi service through the end of your billing period. We do not provide refunds or credits for any partial-month subscription periods or contents not accessed. To cancel, go to the "Your Account" page and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. If you signed up for CliqMi using your account with a third party as a Payment Method and wish to cancel your CliqMi subscription at any time, including during your free trial, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the CliqMi service through that third party. You may also find billing information about your CliqMi subscription by visiting your account with the applicable third party.

 

3.5  Changes to the Price and Service Plans: We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you. You are advised to check the service plans before use.

CliqMi Service

4.1       You must be 18 years of age, or the age of majority in your province, territory or country, to subscribe to certain CliqMi services. CliqMi would normally advise you where age restriction applies. Generally, Minors should only use the service under the supervision of an adult.

 

4.2       The CliqMi service and any content viewed through the service are for your personal and non-commercial use only. During your CliqMi subscription we grant you a limited, non-exclusive, non-transferable, license to access the CliqMi Content on a streaming-only basis. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

 

4.3       You may access the CliqMi service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch may vary by geographic location and will change from time to time. CliqMi may also limit the number of devices on which you may simultaneously have access to the CliqMi service. 

 

4.4       We continually update the CliqMi service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of CliqMi Content.

 

4.5       You agree to use the CliqMi service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the CliqMi service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the CliqMi service; use any robot, spider, scraper or other automated means to access the CliqMi service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the CliqMi service; insert any code or product or manipulate the content of the CliqMi service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the CliqMi service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

 

4.6       The quality of the sound, image or display of CliqMi Content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. We recommend a faster connection for improved quality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. 

 

4.7       CliqMi software is developed by, or for, CliqMi and is designed to enable you access CliqMi Content through CliqMi-ready devices. This software may vary by device and medium, and functionalities may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you will automatically receive updated versions of the CliqMi and related third-party software. If your CliqMi ready device is sold, lost or stolen, please deactivate the CliqMi ready device. If you fail to log out or deactivate your device, subsequent users may access the CliqMi service through your account and may be able to access certain of your account information. 

Passwords & Account Access

5.1       The member who created the CliqMi account and whose Payment Method is charged (the "Account Owner") has access and control over the CliqMi account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should not reveal the password or any means of access to the CliqMi Service and Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.

 

5.2       You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the CliqMi website and not through a hyperlink in an email or any other electronic communication, even if it looks official. We can terminate your account or place your account on hold in order to protect you, CliqMi or our partners from identity theft or other fraudulent activity.

 

 

Third-Party Applications

6.1       You may encounter third party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Applications") that interact with the CliqMi service. Your use of these Applications may be subject to third party terms of use or license terms. You are advised to read carefully such terms of use.

Unsolicited Material

7.1       CliqMi does not accept unsolicited materials or ideas for content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to CliqMi.

Customer Support

2.2       To find more information about our service and its features or if you need assistance with your account, please visit the CliqMi Help Centre on our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

Survival

2.2       If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Electronic Communications

10.1    We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.

 

10.2    By subscribing to the CliqMi Service, you agree to be contacted by us and our affiliates via communication modes including but not limited to email, SMS, MMS, and telephonic calls.

 

Exclusions and Limitations

11.1     The information on this portal, CliqMi Services and any affiliated service are provided on an "as is" basis. To the fullest extent permitted by law, this Company:

 

a.    excludes all representations and warranties relating to this portal, website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company's literature,

 

b.    excludes all liability for damages arising out of or in connection with your use of the CliqMi or website as well as the use of the services or products of the Payment Processor or Mobile Operators. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages; and

 

c.    excludes all liability for merchantability and fitness as to purpose except such special purposes or uses have been disclosed to CliqMi and agreed to.

Limitation of Liability

12.1    All transactions on monetary and otherwise, are non-refundable, non-exchangeable and non-reversible, save and except in the event of proven gross negligence on the part of CliqMi or its representatives, in which event you agree that you shall only be entitled to a refund of the amount paid for the CliqMi Service and actually received by CliqMi.

 

12.2    This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if CliqMi has been advised of the possibility of such damage. 

 

Indemnity

12.3    To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless CliqMi, its registered entity, parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Service.

Modification of These Terms and Conditions of Use

13.1     CliqMi reserves the right to change these conditions from time to time as it sees fit and your continued use of the CliqMi Service or the website will signify your acceptance of any adjustment to the revised terms. You are required to check terms and conditions at every visit. No notification communication will be done subject to change in terms and conditions.

Force Majeure

12.4    Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political or religious insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.

 

12.5    Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

 

Ability to Accept Terms of Service

12.6    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

 

Assignment

12.7    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CliqMi without restriction.

General

12.8    You agree that: (i) the Service shall be deemed solely based in Nigeria; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over CliqMi, either specific or general, in jurisdictions other than Nigeria. These Terms of Service shall be governed by the internal substantive laws of Nigeria, without respect to its conflict of laws principles. Any claim or dispute between you and CliqMi that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Lagos, Nigeria. These Terms of Service, together with the Privacy Notice and any other legal notices published by CliqMi on the Service, shall constitute the entire agreement between you and CliqMi concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. 

 

12.9     No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and CliqMi's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. 

Governing Law, Dispute Resolution and Jurisdiction

13.1        All the terms and conditions between you and CliqMi shall be governed by the law of the Federal Republic of Nigeria. By using CliqMi, you agree to the laws. 

 

13.2        CliqMi is committed to an amicable resolution of any dispute arising from these Terms and Conditions as a customer care or relations matter. However, where this fails any dispute or action of any sort that might arise between you and CliqMi or its affiliates is subject to the jurisdiction of Nigerian Courts only.

 

13.3    You agree to give CliqMi prior notice of intention to institute any action or proceedings of a judicial, quasi-judicial or regulatory nature. Where no remedy is provided by CliqMi or the remedy provided is unsatisfactory to you, an action or proceedings shall be instituted not later than 1 (One) Month after giving the notice of the intention to CliqMi. You and Cliqmi agree that any cause of action arising out of or related to the services must commence within one (1) month after the cause of action accrues. otherwise, such cause of action is permanently barred.