Last Modified: February 14, 2020
This is an agreement between you and Memo.ng that explains your obligations and rights towards the use of these services. Please read these terms and conditions carefully before the use or installation of this software application.
The data/information you provide us in order to access our services will be treated in accordance with our Privacy and Cookies policy. The privacy and cookies policy are also part of this agreement. By signing up, you agree that you accept the mode of processing, use, storage and disclosure of your information. We advise that you read these policies carefully.
The Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange and schedule delivery of cakes as a service and/or to purchase cakes, including with third party providers of such services and goods under agreement with Memo or certain of Memo's affiliates ("Third Party Providers"). In certain instances the Services may also include an option to include transportation, logistics and/or delivery services for an additional price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by Memo in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN CAKES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH MEMO AS A PROVIDER OF CAKE SERVICES OR AS A TRANSPORTATION CARRIER.
Subject to your compliance with these Terms, Memo grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Memo and Memo's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Memo; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under Memo's brand. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Memo's subsidiaries and affiliates; or (ii) independent Third Party Providers, including Online Cake Vendors, Physical Stores or holders of Memo permits, authorizations or licenses.
Third Party Services and Content.
The Services and all rights therein are and shall remain Memo's property or the property of Memo's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Memo's company names, logos, product and service names, trademarks or services marks or those of Memo's licensors.
Access and Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Memo certain personal information, such as your name, date of birth, mobile phone number and password, as well as at least one valid payment method supported by Memo. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Memo in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to use this service unless they are strictly guided by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider delivery provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access, use or receive the Services, and you agree that you may be denied access to receive or use of the Services if you refuse to provide proof of identity or other method of identity verification.
Text Messaging and Telephone Calls.
You agree that Memo may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a Memo account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Memo at any time by contacting firstname.lastname@example.org. If you do not choose to opt out, Memo may contact you as outlined in its User Privacy Statement, located at https://www.memo.ng/privacy
User Provided Content.
Memo may, in Memo's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Memo through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Memo, you grant Memo a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Memo's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Memo the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Memo's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Memo in its sole discretion, whether or not such material may be protected by law. Memo may, but shall not be obligated to, review, monitor, or remove User Content, at Memo's sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Memo does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Memo will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees such as delivery and logistics or processing fees for split payments.
All Charges and payments will be enabled by Memo using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Memo may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Memo.
As between you and Memo, Memo reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Memo's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase or decrease substantially due to availability of Third Party Providers. Memo will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Memo may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback via email on email@example.com. Memo may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
In all cases, Charges you incur will be obtained and paid directly to Memo or its affiliates, where Memo is solely liable for any obligations to its Third Party Providers. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
License to use website
Unless otherwise stated, Memo.ng and/or its licensors own the intellectual property rights in the service and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or downloadable forms and legal content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You agree that you enter into this agreement for your own benefit and not for the benefit of another person. You are not allowed to assign your rights and obligations under this agreement to any third party.
Links to other sites
Although we have taken all reasonable measures to ensure the accuracy of this website, we give no warranty of any kind, be it express, implied with regard to the accuracy, timeliness or completion of any process.
Violation of these terms and conditions
Memo.ng reserves the right to disclose any information provided where such disclosure is necessary for any investigation or complaint received in your violation of the terms and conditions contained in this site. Memo.ng shall also reserve the right to disclose such information where it is intended to bring an action against such person acts. Memo.ng shall also disclose such information where an applicable law requires same for fraud purposes or upon request by the government.
You agree that Memo.ng reserves the right and at its own discretion to terminate your access to this service without giving you any prior notice where you breach any of the terms, conditions and guidelines. In the breach of these terms, you agree that Memo.ng can bring an action against you for the recovering of damages, injunction or any other equitable remedy against you depending on the circumstances. These remedies are in addition to other remedies that may exist in law and equity.
You agree to indemnify Memo.ng where there is a third party claim against Memo.ng that it suffered loss, liability, and expenses (including legal fees) arising out of or in connection with your use of these website
All trademarks, copyright, database rights and other intellectual property rights of any nature in this application together with the underlying software code are owned either directly by Memo.ng or by Memo.ng licensors. The reproduction or any other use of any information contained in this Website (except as provided herein) without the prior written permission of the respective rights holders is strictly prohibited.
The Laws of Nigeria shall govern these terms and condition. The courts in Lagos shall have exclusive jurisdiction to settle any dispute arising from the direct use of the terms and conditions contain herein.
The Parties shall endeavour to settle amicably any dispute arising from this Agreement and any dispute which cannot be resolved amicably shall be referred to Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria 2004
You may terminate your use of this service by simply closing your account.
You agree that Memo.ng may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification of the Site or any website offered on or through the Site, violation of the Terms and condition, or unexpected technical issues or problems.
Also we may terminate or suspend your use of this service where;
Severability and Waiver
In the event, any of the terms and conditions shall be rendered/held to be unenforceable due to any regulatory changes, the remaining terms and conditions shall be unimpaired, and the unenforceable term or condition shall be replaced by such enforceable term or condition as may come closest to the intention underlying the unenforceable term or condition.
These terms and condition do not create an employment, agency, partnership, or joint venture relationship between you and us. Where we do not take up an action against you does not mean that it is a waiver of that provision breached by you. If in any circumstance, we do not apply or enforce any provision of these terms and condition, it is not a waiver of that provision.
We do not, in any event, accept liability for:
WHERE THERE IS A SUCCESSFUL CLAIM AGAINST MEMO.NG, IN NO EVENT WILL MEMO.NG, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, GENERAL, OR EXEMPLARY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT OF THE TRANSACTION OR N1,000 WHICHEVER IS LESSER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE MEMO.NG.
WHERE A JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS OR THE LIMITATION OR EXCLUSION OF WARRANTIES, IN SUCH CASE MEMO.NG LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
Modification of terms and conditions
Memo.ng reserves the right to change or modify any of the terms and conditions contained in this Terms of Website Agreement or any policies or guidelines governing the use of Memo.ng at any time and in its sole discretion. You agree that such changes and modifications may be made solely by posting the revised Terms of Website Agreement or other policies or guidelines on Memo.ng and indicating at the bottom thereof the date it was last updated. You expressly agree to such form of notification of changes and modifications and waive any right to receive individual notice of such changes or modifications. Any change or modification will be effective immediately upon posting of the revisions on Memo.ng
Your continued use of Memo.ng following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should review this Terms of Website Agreement and any applicable policies or guidelines whenever you access Memo.ng in order to determine if such terms, policies or guidelines have changed, and to understand the terms and conditions and the policies and guidelines that apply to your use of Memo.ng
The headings in this document are for convenience only and are not intended to have any legal effect nor purport to be complete or accurate descriptions of the content thereof and shall not be used to interpret the provisions of this document
Where these terms are translated from English language to other languages and there is controversy, the English version shall take precedence.
MEMO.NG DOES NOT WARRANT OR GUARANTEE THAT YOUR USE OF THIS SERVICE SHALL BE UNINTERRUPTED OR ERROR FREE OR MAY BE USED FOR A PARTICULAR PURPOSE. NEITHER DO WE WARRANT OR GUARANTEE THAT THIS SITE SHALL BE VIRUS FREE. MEMO.NG RESERVES THE RIGHT TO REMOVE OR CHANGE ANY OF THE SERVICES PROVIDED UNDER THIS APPLICATION AND SO YOU AGREE THAT IT SHALL NOT BE HELD LIABLE WHERE IT DOES NOT GIVE NOTICE OF SUCH AMENDMENT. YOU ALSO AGREE THAT MEMO.NG MAY RESTRICT OR IMPAIR YOUR USE OF THIS APPLICATION. YOUR USE OR INABILITY TO USE THIS SERVICE IS AT YOUR OWN RISK.
Money Laundering Disclaimer
Memo.ng is and will not be liable for any claim or liability resulting from the breach of the Money Laundering (Prohibition) Act 2011 (As Amended). Where any user uses this solution for a transaction which is an offence that falls within the provision of the Act or any law for the purpose of preventing money laundering, such user becomes liable to the appropriate authority.