Terms of Use

Welcome! Thank you for using Caretaker. The terms “we”, “us”, and “our” refer to Caretaker and products/services of Caretaker Technologies. The use of our products and services is subject to certain terms and conditions of use (the “terms”), as may be amended from time to time. By using our products and services, you accept and agree to be bound by and to comply with our Terms of Use and Privacy Policy. This Agreement contains important information regarding your legal rights, remedies, and obligations. Kindly review carefully.

Introduction

We are a technology platform created to assist property and facility managers in automating the many management processes of small to large property portfolios. Our technology also helps create a transparent system where occupants can easily monitor and communicate with their managers as well as with each other. It also enables occupants to carry out tasks related to the maintenance of their property and improving the condition of the unit.

Scope and intent

By using Caretaker, you are entering into a legal agreement in which you acquiesce to all the stipulated terms. This agreement also extends to our Privacy Policy which covers how your personal information is collected, used, shared, and stored. By registering on Caretaker or by using our products, services, content or information provided as part of our services (collectively, “Caretaker” or the “Services”), you agree to enter into a legally binding agreement with Caretaker Technologies Limited based on the terms in this Agreement and in our Privacy Policy. If you do not agree with this Agreement, do NOT click “Sign Up” or “Register” and do not access, view, download or otherwise use any Caretaker application, webpage, content, information, or services. By clicking “Sign Up” or similar, or by using any of our products/services, you acknowledge that you have read and understood the terms and conditions of this Agreement and agree to be bound by all of its provisions.

Applicable laws and this agreement

The laws of the Federal Republic of Nigeria is the applicable law governing this agreement. Compliance with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in our Privacy Policy and the ensuing sections is mandatory. We will ensure notifications of such amendments as soon as they are made.

License and warranty for your submissions to caretaker

Any content or information you share with Caretaker under this Agreement belongs to you, and you may request its deletion at any time, unless such information or content has been shared with others who have not deleted it, or it was copied or stored by other users. By sharing your content or information with us, you represent and warrant that you are entitled to submit it and that it is not confidential or in violation of any law, contractual restrictions, or other third-party rights, including any intellectual property rights. You are responsible and liable for the content, private data or information of a third-party/client you share with us. It is your responsibility to keep your Caretaker profile information accurate and updated. In the event of profile creations for third parties/clients, you must obtain permission for any information shared on our platform.

Service eligibility

To be eligible to use our product/service, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined as 18 years of age) or older; (2) are not currently restricted from using the product/service, or not otherwise prohibited from having a Caretaker account, (3) are not a competitor of Caretaker or are not using the product/service for reasons that are in competition with Caretaker; (4) will use your real name and only provide accurate information to Caretaker; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; and (7) will not violate any rights of Caretaker or third party, including intellectual property rights such as copyright or trademark rights.

Your account

The profile you create on Caretaker will become part of Caretaker and except for the content and information that you licence to us, is owned by Caretaker. However, between you and third parties, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; and (4) not sell, trade, or transfer your account to another party. Further, you are responsible for anything that happens through your account, without exception. To close your account please email hello@usecaretaker.com with the subject line “Close Account.”

Indemnification

By using Careaker, you agree to indemnify us and hold us unaccountable for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, and (2) any content you submit to be used.

Payment

By using Caretaker, you agree to fulfil all payment obligations through our payment portal. Caretaker uses third party payment gateways and service providers such as Paystack to execute online payment transactions. By using our Payments feature, you agree to be bound by the third-party agreements of our partner payment gateway. This may be updated from time to time. For avoidance of doubt, if any payment you initiate using the product/service does not successfully complete, the payee reserves the right to seek payment from you via or outside the product/service. Any authorization you provide to make automatic payments using the product/service will remain in effect until cancelled. When you purchase our product/service, you agree to Caretaker using your payment information for the purchase and subsequent purchases. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Caretaker does not support all payment methods, currencies, or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account, you authorise us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. There may be fees and taxes that are added to our prices. We do not guarantee refunds. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your account by emailing hello@usecaretaker.com. For more information on our refund policy please email hello@usecaretaker.com. We do not refund for lack of usage or dissatisfaction. When you cancel, you can continue to enjoy the Services through the end of your billing period. By providing us with your banking or other payment information, you authorise us to use it and disclose it to our payment gateway providers for the purpose of processing the payments you authorise on the product/service. Payment gateway providers may also aggregate your information for other purposes, but only in ways that do not identify you personally or disclose any personal information about you and may disclose your personal information when necessary to comply with the law.

Notify us of acts contrary to the agreement

If you believe that you are entitled or obligated to act contrary to this Agreement under any applicable law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

Notifications and messages

For purposes of messages and notices about the Services, Caretaker may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from us to an email address associated with your account. You also agree that Caretaker may communicate with you through your Caretaker account or through other means including email, mobile number, telephone, or delivery services including the postal service about your account or services associated with Caretaker Technologies. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. You agree to accept communications from Caretaker via SMS, text message, email, by telephone, and/or the Caretaker mobile application and you agree that such communications do not violate the Federal Competition and Consumer Protection Act (FCCPA), the Nigerian Communications Act, any implementing regulations of either Act, or any similar state laws or regulations. You consent to have Caretaker call or text message you on any day (inclusive of weekends and holidays) and at any time at the phone number(s) you have directly or indirectly provided to us, and to the use of an auto dialled or a pre-recorded or artificial voice to deliver a message, in connection with your use of our services, or for any other purposes including but not limited to telemarketing purposes.

Privacy

Please ensure you carefully read our full Privacy Policy before using our product/service as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Caretaker are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. By using Caretaker, you acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that we may process such information within the terms of the Privacy Policy.

Contributions to caretaker technologies

By submitting suggestions or other feedback regarding our product/service("Contributions") in any way to Caretaker, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Caretaker is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Caretaker shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Caretaker may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively licence to Caretaker rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

Your rights

On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicensable licence and right to access our product/service, through a generally available web browser, mobile device or Caretaker authorised application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Caretaker), to view content and information and otherwise use our product/service in accordance with this Agreement. Any other use of our product/service contrary to our mission and purpose is strictly prohibited and is a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Caretaker and all related items, including any and all copies made of Caretaker websites.

Our rights & obligations

For as long as Caretaker continues to offer the Services, we shall provide and seek to update, improve and expand our product/service. We will grant you to access Caretaker as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend, or discontinue Caretaker partially or entirely, or change and modify prices prospectively for all or part of the product/service for you or for all our Users in our sole discretion. All of these changes shall be effective upon their posting on our website, mobile application or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Caretaker to be contrary to this Agreement. For avoidance of doubt, Caretaker has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services. We may be required by local laws of any country to remove certain information or content and so that information or content may not be available on our Service in those countries.

Disclosure of user information

By using Caretaker, you acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Caretaker Technologies, our Users or the public. Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.

Connections and interactions with other users

You are solely responsible for your interactions with other users/clients/third parties. Caretaker may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of our product/service or otherwise limit your use of the Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users and to restrict, suspend, or close your account if Caretaker determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

Intellectual property notices

The Services include the copyrights and Intellectual property rights of Caretaker and except for the limited licence granted to you, Caretaker reserves all of its intellectual property rights in the Services. Caretaker and other Caretaker Technologies trademarks, service marks, graphics, and logos used in connection with Caretaker are trademarks or registered trademarks of Caretaker Technologies or Affiliates in Nigeria and/or other countries. This Agreement does not grant you any right or licence with respect to any such trademarks and logos.