Acceptance Of Terms
eQUB provides an online platform, process and service (the “Service”) that allows users to: connect directly with each other to share money amongst themselves via a Rotational Savings Group; and/or participate in a Credit Builder Individual Saver program. .
PLEASE BE AWARE THAT THE ARBITRATION AGREEMENT SECTION OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
YOU UNDERSTAND AND AGREE THAT EQUB IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS, AND THAT EQUB IS NOT A BANK, A MONEY SERVICES BUSINESS, A MONEY TRANSMITTER, OR AN ISSUER OF STORED VALUE PRODUCTS. EQUB AND THE SERVICE ENABLE USERS TO COMMUNICATE DIRECTLY AND TO SHARE FUNDS AMONGST THEMSELVES. EQUB HAS NO CONTROL OVER THE CONDUCT OF USERS OF THE SERVICE, ANY INFORMATION EXCHANGED BETWEEN USERS, OR ANY SHARING DECISIONS BY OR AMONG USERS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
EQUB DOES NOT REVIEW, ENDORSE, RECOMMEND, VERIFY OR EVALUATE, OR OTHERWISE PROVIDE ANY WARRANTY OR GUARANTEE WITH RESPECT TO ANY USER, USER CONTENT, OR USER GROUP. IT IS THE SOLE RESPONSIBILITY OF USERS TO INVESTIGATE THE INFORMATION AVAILABLE ABOUT ANOTHER USER OR A GROUP.
Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in the Terms or will be presented to you for your acceptance when you sign up to use the Supplemental Service. If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. Any applicable Supplemental Terms are also referred to herein as the "Terms."
“Group” means two or more Users/Members who form a group to use the Service to share funds between and among all Users/Members in the same group.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“User/member” means a person who successfully completes Equb’s registration process.
“Administrator/Sebsabi” means a user who forms and launches a group.
"Collective Content" means all Content on the Site, whether such Content is User Content or Equb Content.
How To Join The Service
The Service consists of an online platform, process and service (the “Service”) that allows users to: connect directly with each other to share money amongst themselves via a Rotational Savings & Credit Group; and/or participate in a Credit Builder Individual Saver program. To become a User and access the Service, you must: (a) successfully complete the online registration process within our mobile application “eQUB” or “Equb App” available in app stores, including the Apple iTunes Store and Google Play, (b) agree to the provision of personal identification information, and (c) connect your personal bank or other financial account to the Service.
To help the government fight the funding of terrorism and money laundering activities, federal law requires Equb and its Service partners to obtain, verify, and record information that identifies each person who uses the Service. We are required to collect information such as the following from you:
Date of birth
Government issued Identifications
If your identity cannot be verified, we may not be able to provide the Service to you.
How the Service Works
Rotational Savings Groups
Money is shared by and between all Users who have joined a Group. Within a Group, every member contributes the same amount in installments over the life-time/cycle of the Group, and every member of a Group withdraws the same amount but at different times. All installment payments are distributed to one member of the Group at the same time that the installment payments are made less Equb's service fee.
Groups may be formed by any User who is then termed the “Administrator”. A User forming a Group determines the key characteristics of the Group: (1) the amount to be shared by each User who joins the Group; (2) how long the Group will go on (it’s life-time); (3) how many Users and Positions there are in the Group (one Position per User); (4) the frequency/interval of payments into the group and payments out of the group.
Failure to contribute funds to a Group at the time and in the amounts that a User agreed to do will subject a User to limited or restricted access to the Service, including preclusion of joining more Groups or receiving shared funds distributions from any Groups that User has previously joined. The User will also be subjected to a deduction of “Equber Points” from the existing Score depending on the severity of the offense/delay.
Rotational Savings Groups
The purpose of these Terms is for you to secure access to the Services. All fees set forth within and paid by you under the Terms shall be considered solely in furtherance of this purpose.
You agree to pay all fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You agree to immediately notify Equb of any changes in your bank account used for payment hereunder. Equb reserves the right at any time to change its prices and billing methods, either immediately upon posting on Equb’s Properties or by email delivery to you.
Equb app will be a FREE app until further notice/s is given out with a seven (7) days’ notice. Equb will not charge users’ for any services rendered in-app. Any Supplementary Terms will not be applicable on this version.
Optional Geo-Location Services
In connection with the Services, Equb may offer a geolocation-based functionality, and you will have the choice to opt into geolocation services so that Equb may provide more relevant additional services to you based on your current location. By opting into such geolocation services, you consent to the collection, use, sharing and transfer of your geolocation data with Equb and third-party service providers of Equb who help facilitate such services.
Customer Permission for
Text Messaging/Alerts, Push Notifications and E-Mail
You grant Equb express written consent to receiving autodialed and prerecorded message calls, text messages or push notification alerts from Equb, or those third-party service providers acting on Equb's behalf, at any mobile telephone number you provide to Equb, regardless of your registration of your mobile device number on any state or federal "do not call" registry. Your express, written permission applies to messages and alerts regarding the Equb Services. By providing your email address to Equb, you agree that Equb or those third-party service providers acting on Equb's behalf, may e-mail account registration information, information with regard to the Services, in the case of fraud/suspected fraud inquiries, consumer dispute resolution, collections, or any other action related to providing the Services to you regardless of your registration of your email address on any state or federal "do not email" registry.
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Equb cannot and does not offer Tax-related advice to any User. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), Turnover Tax (ToT), and other similar municipal, provincial, regional and federal indirect or other withholding and personal or corporate income taxes.
Eligibility; Account Information
The Service is intended solely for persons who are 18 or older and who are legally able to enter into a contract. By accessing or using the Service you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are not legally prohibited from receiving or using the Service under the laws of the country in which you access or use the Service.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Equb reserves the right to suspend or terminate your account and your access to the Service if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. You will immediately notify Equb of any unauthorized use of your User Account. Equb assumes no responsibility for User Content, User account information, or for any User’s compliance with any applicable laws, rules and regulations.
Equb’s role is solely to facilitate the availability of the Service and to provide support related thereto. Equb does not provide and is not responsible for User Content or Groups. Equb does not verify Users’ information, review or approve Groups, participate in Groups, or provide any promises, warranties or guarantees regarding Groups. You acknowledge that Equb will not be liable for any loss or damage related to your participation in any Group. Equb does not refer or endorse or recommend particular Users or Groups. You acknowledge and agree that you are responsible for your own acts and omissions.
User Affirmations, Conduct and Use
By submitting the User registration form, you represent, warrant and agree to the following:
You are at least 18 years of age, are authorized to submit a User registration, and are authorized to sign your User registration form.
You are solely and fully liable for all Content, conduct, postings and transmissions that are made under your user name and password.
You either are the sole and exclusive owner of all User Content that you make available through the Service or you have all rights, licenses, consents and releases that are necessary to grant to Equb the rights in such User Content, as contemplated under these Terms.
You are solely responsible for reviewing, evaluating, and participation in any Group.
Equb is not involved in any transactions between Users or Groups.
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Service and Content.
Neither your User Content, nor your posting, uploading, publication, submission or transmittal of the User Content or Equb’s use of the User Content (or any portion thereof) on, through or by means of the Service, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
By using the Service, you represent, warrant and agree that you will not:
violate any local, state, provincial, regional, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations.
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other Service contained in the Service or Content.
use the Service for any commercial or other purposes that are not expressly permitted by these Terms.
copy, store or otherwise access any information contained on the Service or Content for purposes not expressly permitted by these Terms.
interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
use the Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card or bank account numbers.
use the Service in connection with the distribution of unsolicited commercial email ("spam") or advertisements.
"stalk" or harass any other User of the Service or collect or store any personally identifiable information about any other User other than for purposes of using the Service at intended.
recruit or otherwise solicit any other User to join third party services or websites that are competitive to Equb, without Equb’s prior written approval.
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
use automated scripts to collect information or otherwise interact with the Service.
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
systematically retrieve data or other content from our Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
use, display, mirror or frame the Service, Equb’s name, any Equb trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without Equb’s express written consent.
access, tamper with, or use non-public areas of the Service, Equb’s computer systems, or the technical delivery systems of the Service or any third-party provider system.
attempt to probe, scan, or test the vulnerability of any Equb system or network or breach any security or authentication measures.
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Equb or any of Equb’s providers or any other third party (including another user) to protect the Service or Collective Content.
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Collective Content to send altered, deceptive or false source-identifying information.
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Collective Content.
advocate, encourage, or assist any third party in doing any of the foregoing.
Equb has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Equb may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that Equb has no obligation to monitor your access to or use of the Service or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. In the event that Equb pre-screens, refuses or removes any Content, you acknowledge that Equb will do so for Equb's benefit, not yours. Without limiting the foregoing, Equb shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your Content.
Unless expressly agreed to by Equb in writing elsewhere, Equb has no obligation to store any of your Content that you submit or make available on Equb Properties. Equb has no responsibility or liability for the deletion or accuracy of any Content, including your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Equb Properties. You agree that Equb retains the right to create reasonable limits on Equb's use and storage of the Content, including your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Site and as otherwise determined by EQUB in its sole discretion.
The Service is licensed and not sold.
The Service, the App, the Site, Collective Content and the information and content available on the Site, in the App and Services (collectively "Equb Properties") are protected by copyright, trademark, and other laws of the Federal Democratic Republic of Ethiopia and foreign countries. You acknowledge and agree that the Equb Properties, including all associated intellectual property rights, are the exclusive property of Equb and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Equb Properties. All trademarks, service marks, logos, trade names and any other proprietary designations of Equb used herein are trademarks or registered trademarks of Equb. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You understand that Equb Properties are evolving. As a result, Equb may require you to accept updates to Equb Properties that you have installed on your computer or mobile device. You acknowledge and agree that Equb may update Equb Properties with or without notifying you. You may need to update third-party software from time to time in order to use Equb Properties.
As a part of Equb Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Equb to monitor such materials and that you access these materials at your own risk.
Ownership of User Generated Data
For the purposes of the Services, by posting, transferring, sharing or sending User generated data in any manner, you understand that Equb owns all such User generated data generated by you, your mobile device, and any other software or hardware utilized in the Services. You understand and acknowledge that Equb’s ownership of such data is in exchange for the benefits and value you receive by participating in the Services.
License to the Service
Subject to your compliance with these Terms, Equb grants you a limited, personal, non-exclusive, revocable, non-transferable license, to (i) reproduce portions of Equb Properties and electronically access and use the Service solely for your personal and non-commercial purposes, and (ii) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
Subject to your compliance with the Terms, Equb grants you a limited non-exclusive, non-transferrable, non-sub licensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Equb or its licensors, except for the licenses and rights expressly granted in these Terms.
License Grant to Equb
By making available any User Content on or through the Service, you hereby grant to Equb a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to create derivative works, sublicense, use, edit, view, copy, adapt, modify, distribute, license, sell, host, market, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise fully exploit such User Content on, though, or by means of the Service as currently exist or may be developed in the future.
The Service may contain links to third-party websites or resources. When you click on a link to a third party website or resource, we will not warn you that you have left Equb Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such third party websites and resources are not under the control of Equb. Equb provides these third party websites and resources only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites or resources, or their products or services. You use the links in third party websites or resources at your own risk. When you leave our Site, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third party websites and resources, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You acknowledge and agree that Equb is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or Service on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Equb of such websites or resources or the content, products, or Service available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or Service on or available from such websites or resources.
You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (" App Store"). You acknowledge that the Terms are between you and Equb and not with the App Store. Equb, not the App Store, is solely responsible for Equb Properties, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Equb Properties, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store's terms and policies) when using Equb Properties, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
Specific Consents Granted upon Submission of Your Registration Form
At the time that you submit your registration form to us to register for the Services and related analysis of information in connection therewith, you agree that you are providing to us the following specific consents (in addition to being subject to these Terms and Conditions):
I understand that by submitting this registration form I am authorizing Equb, once it has obtained my personal information in its records along with the other information I am submitting through this registration form (collectively, the "Registration Profile"), to use that Registration Profile to match me with product and services offers from time to time from its marketing partners, which offers it will send to me either by e-mail (based upon my communication preferences) or through the display of advertisements and to further use that Registration Profile to provide statistical analysis, reports and summaries of my Registration Profile in comparison to other customer's Registration Profiles. I understand that it is completely up to me to decide whether I would like to accept any of the offers I receive.
Third Party Offers
Equb may match offers from third parties against your Registration Profile, in order to ensure that you receive offers that are tailored to you if you opt-in to receiving such offers. EQUB believes that customers who have demonstrated positive behavior through routine savings and loan repayment should be able to reap the rewards of those efforts, including by receiving reward points. Equb’s technology for matching your Registration Profile to the valuable offers for products and services provided by third parties is proprietary and, in carrying out such matching, Equb may elect to consider, ignore, emphasize, or de-emphasize any relevant factors in its sole discretion. Equb does not guarantee that you will receive offers for any particular types of products or services.
Termination And User
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Equb Properties, unless terminated earlier in accordance with the Terms.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time: (a) terminate these Terms or your access to our Service, and (b) deactivate or cancel your User account. In the event Equb terminates these Terms or your access to our Service, or deactivates or cancels your User account, you will remain liable for all amounts due hereunder.
You may cancel your User account at any time by contacting Equb and closing your account for all of the Services that you use. Please note that if your User account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Service, including, but not limited to, any reviews or feedback.
IF YOU CHOOSE TO USE THE SERVICE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT EQUB DOES NOT REVIEW, ENDORSE, RECOMMEND, VERIFY, EVALUATE, WARRANT OR GUARANTEE ANY STATEMENT, OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION OR CONTENT (I) PROVIDED BY ANY USER, (II) DOWNLOADED FROM THE SITE OR APP, OR (III) CONTAINED IN ANY THIRD PARTY WEBSITE. NOTHING CONTAINED IN THESE TERMS SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION, VERIFICATION, WARRANTY OR GUARANTEE WITH RESPECT TO (A) ANY USER; (B) ANY GROUP; OR (C) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, QUALITY OR APPLICABILITY OF ANY GROUP, CONTENT OR ANYTHING OTHERWISE CONTAINED IN OR MADE AVAILABLE ON THE SERVICE OR ANY OTHER FORUM.
YOUR EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAT THE EQUB PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EQUB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EQUB MAKES NO WARRANTY THAT THE SERVICE OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EQUB MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICE OR COLLECTIVE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU INTERACT OR COMMUNICATE WITH AS A RESULT OF YOUR USE OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD EQUB HARMLESS IN CONNECTION WITH ANY CLAIM AND ANY DAMAGES OR EXPENSES ARISING FROM YOUR USE OF THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT EQUB IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD EQUB LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL WEBSITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
YOU ARE SOLELY RESPONSIBLE FOR (I) ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF EQUB PROPERTIES, OR (II) THE ACTIONS OF OTHER USERS OR THE GROUP. YOU UNDERSTAND THAT EQUB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF EQUB PROPERTIES.
EQUB WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN USERS PARTICIPATING IN A GROUP. USERS WILL BE SOLELY RESPONSIBLE FOR ANY GROUPS JOINED OR AGREEMENTS MADE WITH ANOTHER USER.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, CONTENT, OR GROUP REMAINS WITH YOU. NEITHER EQUB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICE OR COLLECTIVE CONTENT, FROM PARTICIPATION IN ANY GROUP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EQUB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL EQUB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, FROM A GROUP, ANY CONTENT, OR ANY INTERACTIONS WITH ANY OTHER USERS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EQUB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Equb and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Service, Group, or Content; (b) your violation of these Terms; (c) your User Content; (d) your (i) interaction with any User, (ii) reliance on any information exchanged via the Service, or (iii) creation of an account; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (f) any claim that you or your Content caused damage to a third party. Equb shall have the right to control all defense and settlement activities. This provision does not require you to indemnify any of the Equb Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your account, the Terms or your access to Equb Properties.
You may not assign or transfer these Terms, by operation of law or otherwise, without Equb’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Equb may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Equb (i) via email (in each case to the email address that you provide) or (ii) by posting to the Site or via the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law And Jurisdiction
You agree that (i) the Service shall be deemed solely based in Ethiopia, and (ii) the Service shall be deemed a passive smartphone application that does not give rise to personal jurisdiction over Equb, either specific or general, in jurisdictions other than Ethiopia. These Terms shall be governed by the internal substantive laws of the Federal Democratic Republic of Ethiopia, without respect to its conflict of laws principles. You and we agree to submit to the personal jurisdiction of a state court located in Ethiopia for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution Provision below.
YOU AND EQUB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR COLLECTIVE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND WAIVED.
Compatible Mobile Device Operating System
In order to use the Service, you must have a compatible mobile device operating system that meets the specifications established by Equb in its sole discretion. In addition to having a compatible mobile device operating system, a mobile device that has been modified contrary to the manufacturer's or mobile service provider's software or hardware guidelines, including, but not limited to, disabling hardware or software controls (e.g. "jailbreaking"), is not a compatible device for purposes of these Terms and Conditions. The use of any modified mobile device with the Services is a violation of these Terms and Conditions and is grounds for the immediate termination of your Services in Equb’s sole discretion. You understand and agree you are still subject to the terms and conditions of any agreement you have with any mobile service provider (e.g., EthioTel, etc.) or any app store or marketplace (e.g., Apple, Inc., or Google, Inc. (Android)), and these Terms and Conditions do not amend or supersede any of those separate agreements. You understand that such services may provide for fees, charges, limitations and restrictions which might impact your use of the Services (e.g., data use charges, etc.), and you agree to be solely responsible for all such fees, charges, limitations and restrictions. You agree that only your mobile service provider is responsible for the performance and operation of its products and services, including your mobile device and the mobile service provider's own network. You agree to resolve any problems with your mobile service provider without involving Equb; Apple, Inc.; Google, Inc. (Android); or any other operator of an app store or marketplace. You must comply with applicable third-party terms when using the Services (e.g., you cannot be in violation of your wireless provider agreement when using the Services.)
These Terms are intended to govern the agreement between Equb and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Equb and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement
This Arbitration Agreement is applicable to Ethiopia residents. You agree that any dispute or claim relating in any way to your access or use of the Site, to any products sold or distributed through the Site, or to any aspect of your relationship with EQUB, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, and (2) you or EQUB may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
Equb makes no claim that the Service, Groups, or Content are appropriate or may be accessed, used or downloaded outside Ethiopia. If you access the Service, Groups or Content from a location outside the Ethiopia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
Feedback and Reporting Misconduct
We welcome and encourage you to provide feedback, comments and suggestions (collectively “Feedback”) for improvements to the Site, App and Service. You may submit feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that all Feedback is at your own risk and that Equb has no obligations (including without limitation obligations to confidentiality) with respect to such Feedback. You hereby grant to Equb a fully free, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially and non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Equb Properties.
If you feel any User is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you agree to immediately report such person to the appropriate authorities and to Equb.
The failure of Equb to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Equb. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Certain parts of the Service may have different or additional terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific part of the Service, the latter terms and conditions will take precedence.
Equb reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the Service or to modify these Terms, including any Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the App; however, we reserve the right to make any such changes effective immediately to maintain the security of our Service or to comply with any laws or regulations. We will update the “Last Updated" date at the top of these Terms.
Modifications to these Terms shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing User seven (7) days after notice to the User is provided on Equb's website. You agree to keep your email address on file with Equb up-to-date. By continuing to access or use the Service after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.
These Terms constitute the entire and exclusive understanding and agreement between Equb and you regarding the Equb Properties, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Equb and you regarding the same.
The original, legally binding version of this document is written in English. If this document is translated into other languages, there may be discrepancies between the English version and a translated version. If so, the English version supersedes the translated version.