The use of all personal data you submit to Proserv, or which we collect about you when you use the application is governed by our Privacy Policy. A copy of our Privacy Policy is available here (INSERT PRIVACY POLICY LINK). You acknowledge that by using the Proserv Platform you have reviewed the Privacy Policy. Consent at registration and continued use of the Proserv App constitutes your acceptance of and agreement to all the terms and conditions in these Terms of use and the Privacy policy. If any future changes to this Agreement are unacceptable to you or cause you to no longer follow this Agreement, you must deactivate your account, and immediately stop using the Proserv platform. USERS HEREBY ACKNOWLEDGE THAT PROSERV DOES NOT SUPERVISE, SCOPE, DIRECT, OR CONTROL THE HIRED PROFESSIONALS NOR THE SERVICES THEY ARE HIRED TO DO.
1. MEMBERSHIP
1.1
Your Proserv membership will continue immediately you sign-up until it is terminated. To use the Proserv service, you must have Internet access and a compatible device, providing us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method. You may be subject to a video review process before you can register on this platform. The process may include but is not limited to identity verification and criminal background checks, using third party services appropriately.
1.2
Proserv offers membership plans. The membership plans may have differing conditions and limitations, we’ll do our best to make sure our services are safe and working as they should, but we can’t guarantee you’ll have access continuously. We might decide to stop providing certain features or the services on the application completely, and we don’t have to give notice if we do.
1.3 User profile
To subscribe to any of our plans, you must complete a user profile, which you consent to be shown to other users of our application. You also agree to provide upon registration, accurate and complete information on your profile as well as updating the information from time to time to keep it current if the need arises. You agree to not provide any false or misleading information about your identity or location, your business, the beneficial owner(s) of your business, your skills or other services your business provides. Proserv reserves all right to suspend or terminate the account or deny access to our services to anyone who defaults on this section by providing false, inaccurate or misleading information about themselves
1.4 Account Types.
Proserv offers two types of accounts (Client and Service provider). Once you register for an account, you can add another account type to your existing account. You thereby promise to register for only one account that requires unique login details. If you sign up as a service provider working as an employee or agent on behalf of a company, you must present and warrant that you are authorized to enter binding contracts, on behalf of yourself and the company. More than one person can create an account as an employee or agent on behalf of the same company.
1.5 Promotional Offers
We may from time to time offer special promotional offers, plans or memberships Offers. Offer eligibility is determined by Proserv, at its sole discretion and we reserve the right to revoke an Offer and put your account on hold if we determine you are not eligible. To determine your eligibility, we may request certain information from you by showing means of identification, method of payment or an account email address used with an existing or recent Proserv membership.
1.6 Termination of membership.
We can take away your right to use our services at any time if you violate our Terms of Use. Your license to use the app becomes terminated and we will ask you to stop using our services immediately.
USING OUR SERVICES DOES NOT PERMIT YOU TO USE ANY OF OUR TRADEMARKS OR OUR INTELLECTUAL PROPERTY SUCH AS COPYRIGHTS AND PATENTS. WE HEREBY KEEP ALL OUR RIGHTS TO OUR INTELLECTUAL PROPERTY, EVEN THOUGH WE ALLOW YOU TO USE OUR SERVICES.
2. BILLING AND CANCELLATION
2.1 Billing Cycle
The membership fee for access to the plans available on the Proserv application, and any other charges you may incur in connection with your use of the service, such as taxes and other possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the Account page. Your payment date may change if your Payment Method has not been settled successfully, when you decide to change your subscription plan or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods. Users of the Proserv Platform contract directly with the service providers. Proserv will not be a party to any contracts for services to be rendered. You are responsible for the payment of all services through the Proserv Platform. We are not obligated to compensate you for any amount lost during your agreement with the service providers or for the Users failure to pay you for the job done as a service provider on our application.
2.2 Payment Methods
You remain responsible for all transactions on this platform, either as a user or a service provider. If a subscription payment is not successfully settled due to subscription expiration, insufficient funds, or any other payment issue relating to the use of this application and you do not cancel your account, we may deny you access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Ensure to check with your Payment Method service provider for more details.
2.3 Payment Methods Update
You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
2.4 Subscription Cancellation.
You are allowed to cancel your Proserv subscription at any time, and you will continue to have access to the Proserv service until the end of your billing period. To the extent permitted by the applicable law, subscription payments are non-refundable, and we do not provide refunds or credits for any partial membership periods or unused Proserv content. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. If you signed up for Proserv using through a third party as a means for making payment, and you wish to cancel your subscription, you may need to do so through such third party, by turning off auto-renewal option or unsubscribing from the Proserv service through that third party.
2.5 Changes to the Price and Subscription Plans.
We may change our subscription plans from time to time. However, any change made in terms of pricing will apply no earlier than 30 days after prior notice has been given to you. If you do not wish to accept the price change on the use of our services or on the subscription fees, you are at liberty to cancel your subscription before the change takes effect.
3. TERMS OF PROSERV SERVICE
3.1
To be eligible to make use of the Proserv application and Our services, you must be at least 18 years of age, or the age of majority in your country.
3.2
The Proserv service and any content accessed through the service are strictly for commercial purposes. Your Proserv membership either as a user or as a service provider, grants you a limited, non-exclusive, non-transferable right to access the Proserv application and its contents. Except for the foregoing, no right, title or interest shall be transferred to you.
3.3
You may access the Proserv App primarily within the country in which you have established your account and only in geographic locations where we offer our services. 3.4 If there is a dispute during a transaction between a user and a service provider, the parties are expected to resolve such dispute as they deem fit without the involvement of Proserve as we will not be held liable.
3.4
Signing up as a service provider on this application, makes you liable to your client if hired to perform a particular job. Using this application for misleading or fraudulent activities will not be tolerated and you will be prosecuted if suspected.
3.5
Signing up as a service provider on this application, makes you liable to your client if hired to perform a particular job. Using this application for misleading or fraudulent activities will not be tolerated and you will be prosecuted if suspected.
3.6
You agree to use the Proserv 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. Except as explicitly authorized by us, you agree not to:
(i) remove, manipulate, circumvent, deactivate, degrade, block, obscure, alter or thwart any of the content protections or other elements of the Proserv service, including the graphical user interface, copyright notices, and trademarks;
(ii) Offer or try to find anything relating to the use, sale or procurement of illicit drugs, sex work or escort services or child extortion;
(iii) Bypass any security features we have put in place to restrict how you use our application.
(iv) use any robot, spider, scraper or other automated means to access the Proserv service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Proserv service;
(v) use any data mining, data gathering or extraction method;
(vi) Do anything that is against professional or academic standards or policies, which includes but not limited to submitting someone else’s work as your own or by ghost- writing essays, tests or certifications;
(vii) transmit in any way, any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Proserv service, including any software viruses or any other computer code, files or programs;
(viii) use our services to build a similar application, identify or poach our users or publish any performance or benchmark analysis relating to the use of our application;
(ix) act fraudulently as a client by demanding services without the intention of or without providing payment in exchange for the services rendered.
3.7
Lying about your professional skills, experience or qualification is highly prohibited. You are not allowed to impersonate or falsely attribute statements to any prospective client by claiming to be employed or stating to have worked for a particular company in the past when you were not. As a service provider, you are expected to be honest in your dealings with users who request your service.
4 Passwords and Account Access.
You are responsible for any activity that occurs through the Proserv account. By allowing others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan. To help maintain control over the account and to prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone.
5
Mobile App Updates and Upgrades By installing this app, you hereby consent to the installation of the apps updates or upgrades that are released on the Proserv platform. These changes may cause your device to automatically communicate with Proserv’s servers to ensure the proper functioning of the app and to have a record of usage metrics. These updates and upgrades could also affect App- related preferences or data that has been stored on your device and collect personal information as set out in our privacy policy. You can uninstall the App at any time
6 Warranties and Limitations on Liability.
The Proserv service is provided "as is" and without warranty or condition. Our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non- waivable warranties or consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
CLASS ACTION WAIVER. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND PROSERV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, where permitted under the applicable law, unless both you and Proserv agree otherwise, the court may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
7. MISCELLANEOUS
7.1 Governing Law.
These Terms of Use shall be governed by the laws of the Federal Republic of Nigeria and construed accordingly.
7.2 Unsolicited Materials.
Proserv does not accept unsolicited materials or ideas from anyone, and we will not be responsible for the similarity of any of its contents.
7.3 Customer Support.
For more information about our service and its features or if you need assistance with your account, please visit the Proserv customer support Center, which is accessible through the Proserv.com 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 or mobile device. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our websites, these Terms of Use will control the dispute resolution process.
7.4 Proserv’s Feedback System.
Our feedback system must be used fairly and honestly. This means that as a user of this application, you cannot withhold payment or withhold a service for not being given positive feedbacks, involve in any form of monetary transaction for feedback, threatening a service provider with a negative feedback, use the system to share fake and unrelated news and views on politics or religion. You are also prohibited from offering or accepting fake services to increase your rating score
7.5 Survival.
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.
7.6 Changes to these Terms of Use and Agreement.
Proserv may, from time to time, alter and update these Terms of Use. We will notify you at least 30 days before such changes apply to you. If you do not wish to accept the changes, you can cancel your subscription before they take effect. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.
7.7 Electronic Communications.
We will send you information relating to your account for example payment authorizations, invoices, changes in password or Payment Method, confirmation messages and notices in electronic form only, via emails to your email address provided during registration.
8. User Agreement and Warranties. Signing up to this application represent and warrant that:
8.1.
you are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for Nigerian users), and are otherwise capable of entering into binding contracts and you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide by them;
8.2
services shall only be performed in a country where the Proserv Platform has a legal presence. You will also respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Job done or any interaction by or with any User and/or with Proserv, in connection with the Proserv Platform without the prior written consent of Proserv and/or the relevant User, as applicable;
8.3.
you agree that when using or accessing the Proserv Application, you will act in accordance with all applicable laws, whether local, state, or national laws or custom and in good faith;
8.4.
if you are using or will or intend to use the Proserv Platform for any journalistic, academic, investigative, or unlawful purpose, you must promptly disclose to Proserv in writing, and consent must be given before such activities are carried out.
8.5
When using the Proserv Platform, you agree that you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other legal business entity, and you must have the unrestricted right to work in the area in which you will be working. If the work is performed in a jurisdiction that requires you to have a business license or business tax registration or insurance, you must have the required business license or business tax registration in order to render high-quality services to your client as demanded. USERS DO NOT HAVE ANY AUTHORITY TO ENTER INTO ANY WRITTEN OR ORAL CONTRACT, WHETHER IMPLIED OR EXPRESS ON BEHALF OF PROSERV.
9 Third Party Advertisement.
This application will have personalized advertisements from third party companies, who wish to advertise their goods and services on the Proserv platform. Proserv will not be liable for any transaction made between users and third parties prompted from the advertisements on the platform. Advertising and marketing are carried out as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.
10. Enforcing Our Terms of Use.
Violation of any of these rules, can lead to the suspension of your account and you will not be allowed to make use of Our services. Kindly inform us through any available medium if you see someone else violating these rules. We will ensure to investigate potential violations, but we cannot guarantee that action will be taken against potential violations. This does not waiver our tight to take action against subsequent violations and breaches whether they are related to the first violation or not.
11.
Proserv Legal Notice and Contact The Proserv Websites and mobile apps are owned and operated by Bliu Interactive Limited, a company registered in Nigeria, under the Corporate Affairs Commission. Our registration number is RC- Website:https://bliuinteractive.com Email: hello@bliuinteractive.com
12
Acknowledgement and Consent I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FORGOING TERMS OF USE, AS WELL AS THE PRIVACY POLICY, AND AGREE THAT MY USE OF THE PROSERV APPLICATION IS AN ACKNOWLEDGEMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
