These Terms of Service/Use(this “Agreement” or the “Terms”) govern your access and use of our website where the Terms posted are (the “Site”), our mobile applications(the “App”), our APIs and other related content, (this includes the Site and the App, “Product” or “Products”).
THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN INSTANTANEOUS COURT ACTION OR CLASS ACTIONS. PLEASE READ THEM CAREFULLY.
By downloading, installing, or using the Products in any manner, you agree to these Terms and you agree to comply with and be bound by any specific applicable regulations, supplemental, or third-party licenses or terms when using any of our Products.
These Terms were originally drafted in English. If there is any conflict between the English-language version of these Terms and a version translated into another language, the English-language version will prevail.
If you have questions, or complaints with respect to these Terms or our Products, or if these Terms are not clear enough, kindly visit the support page or send an email to our support desk at [email protected]
Before using our products, you need an account for most activities on our platform, including accessing content, using any of our services, or purchasing badges in our NFT Marketplace. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address.
We may ask you to confirm your registration information (such as your email address) to continue using the Product. If you choose not to do so, your access to the Product may be restricted or terminated.
When you choose a username or otherwise create a nickname, you agree not to use any name that is unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory or racist, or any name that infringes or violates another person’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You agree not to impersonate any person or misrepresent your identity or affiliation with any person. You further agree not to purchase, sell, rent or give away your account.
You further agree that you have complete responsibility for your account and everything that happens on your account, including any harm or damage (to us or anyone else) caused by someone using your account without your permission. This implies that you must prioritize the safety of your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account or registration credentials with anyone. You are responsible for what happens with your account and Gateway will not intervene in disputes between individuals who have shared account login credentials. However, if you become aware of or reasonably suspect any security breach, including any loss, theft, or unauthorized disclosure of your registration information, you must immediately notify us or modify your registration information. Please always remember that you are solely responsible for maintaining the confidentiality of your registration information, and you will be responsible for all uses of your registration information, including purchases, whether or not authorized by you.
If you are over the age of 16 you can use our products, but if you are under the legal age of majority in your state of residence, your parent or guardian must review and agree to be bound by these Terms on your behalf and must supervise your use of the Products.
Where we discover that you have created an account that violates these rules, we shall immediately terminate your account without recourse
Finally, we may also update, change, suspend or discontinue any of the Products (or any part, content, or feature) at any time, with a 72 hours notice and without liability to you or anyone else.
You agree that you will not, and will not permit any person accessing the Products using your account to;
➔ Use the Products in any manner not permitted by these Terms.
➔ Use the Products for any purposes prohibited by applicable laws or regulations, or in any manner that violates or infringes upon the rights of others.
➔ Import, submit, upload, insert, create, publish, post, communicate, or transmit to others in any way whatsoever, any unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, sexual, obscene, offensive, threatening, hateful, violent, harassing, discriminatory or racist content, any content that promotes or incites any of the foregoing, or any content that infringes or violates another person’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
➔ Copy or modify the Products (except as expressly permitted by these Terms).
➔ Use the Products in a manner that interferes with, degrades, or disrupts the integrity or performance of any of our networks, technologies, products, or services.
➔ Use any data mining or similar automated or manual data extraction, gathering, or scraping methods in connection with the Products.
➔ Circumvent, bypass, defeat, modify, tamper or disable any content protection system, digital rights management, security feature, or functionality in the Products.
➔ Set up multiple User Accounts
➔ Reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services;
➔ Use Gateway’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails;
➔ Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present;
In addition, you may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, "Unauthorized Content"):
You may only share the User Content that is non-confidential and you have all necessary rights to disclose. You may not upload, edit, create, store or share any User Content that:
The Services are owned and operated by Gateway. All content or other material available through our services, including, but not limited to, information on the Websites, online lectures, speeches, video or other lessons, applications, pre-assessments and assessments, badges, quizzes, presentation materials, homework assignments, programming assignments, programs, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, surveys, materials, audio and video clips, HTML, and files (collectively, the "Content"), are the property of Gateway and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under Nigerian and foreign law.
Gateway logos, trademarks, and service marks which may appear on the Website(s), throughout the Services, and in Online Courses ("Marks"), are the property of Gateway and are protected under Nigerian and foreign laws. All other trademarks, service marks, and logos used on the Services, with or without attribution, are the trademarks, service marks, or logos of their respective owners. In addition, elements of the Services are protected by trade laws and other federal and state intellectual property laws and may not be copied, reproduced, downloaded, or distributed in any way in whole or in part without the express written consent of Gateway.
From time to time, Gateway may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an "as-is" basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Gateway and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.
a. Gateway offers paid Services (e.g., skill learning cohorts, NFT Badges) for a fee. Unless otherwise stated, fees are quoted in local currency. You are responsible for paying all fees charged by Gateway and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms(which will be expressly mentioned or stated). Fees may vary based on your location and other factors, and Gateway reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services.
b. You agree to pay the fees for content, especially for badges that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. Gateway calls the API of payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods using the information provided by our payment service providers. Equally, when you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the content you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.
c. If the badge or the content you purchased is not what you were expecting, you can request, within 7 days of your purchase of the badge or content, that Gateway apply a refund to your account. Kindly take note that no refund is due to you if you request it after the 30-day guarantee time limit has passed.
It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may also happen that we encounter security issues. OUR PRODUCTS RELY ON EMERGING TECHNOLOGIES, SUCH AS NEAR BLOCKCHAIN PROTOCOL. AND THESE PROTOCOLS ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY OR FAILURE TO PROPERLY UPDATE OR RUN SOFTWARE TO ACCOMMODATE PROTOCOL UPGRADES.
YOU FURTHER UNDERSTAND THAT BLOCKCHAIN PROTOCOLS PRESENT THEIR OWN RISKS OF USE, THAT SUPPORTING OR PARTICIPATING IN THE PROTOCOL MAY RESULT IN LOSSES IF YOUR PARTICIPATION VIOLATES CERTAIN PROTOCOL RULES, THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE, THAT YOUR PRIVATE KEY AND BACKUP SEED PHRASE MUST BE KEPT SECRET AT ALL TIMES, THAT GATEWAY WILL NOT STORE A BACKUP OF, NOR WILL BE ABLE TO DISCOVER OR RECOVER, YOUR PRIVATE KEY OR BACKUP SEED PHRASE, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY APPROVALS OR PERMISSIONS YOU PROVIDE BY CRYPTOGRAPHICALLY SIGNING BLOCKCHAIN MESSAGES OR TRANSACTIONS.
These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, these Services are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any acts of God, acts of civil or military authorities, acts of terrorism, civil or industrial disturbances, blockages, embargoes, war, strikes or other labor disputes, fire, earthquakes, storms or other nature-related events, interruption in electrical telecommunications or Internet services or network provider services, failure of hardware equipment and/or software or other utility failures, smart contract bugs or weaknesses, technological changes, changes in interest rates or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol, other catastrophes, or any other occurrences which are beyond our reasonable control, and shall not affect the validity and enforceability of any remaining provisions. If we are unable to perform our Services outlined in the Terms due to factors beyond our control, including, but not limited to, the aforementioned force majeure events or changes in applicable laws and/or sanctions policies, we shall not be liable for the Services provided under these Terms during the time period coincident with the event in question.
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from (a) your access and use of this product; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party's access and use of this product with your assistance or using any device or account that you own or control.
We may suspend or terminate your access to any portion or all of the Products for any reason, including if: (a) we reasonably determine that there is a threat or attack on any of our services or systems, or any data stored thereon; (b) your use of the Products disrupts or poses a security risk to us or any of our customers or vendors; (c) you are using the Products for purposes of engaging in, or your account is being used to engage in, fraudulent or illegal activities; (d) our provision of the Products to you is prohibited by applicable law or regulation; or (e) any of our vendors restricts, suspends, or terminates our access to one or more Third-Party Services or Third-Party Materials that are required for the provision of or access to the Products. We will use reasonable efforts to provide notice of any suspension of the Products to you and to provide updates regarding the resumption of access to the Products following any Product suspension. We will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences resulting from a Product suspension; (f) when there is a breach of the express provisions of section 5.
These Terms are effective until terminated by us, at our sole discretion, at any time and without notice, or until you stop using our Products, uninstall and delete all copies in your possession, cancel your account, and cancel all active subscriptions. You may stop using the Products at any time. Your rights under these Terms will terminate automatically if you fail to comply with any of its provisions. Upon termination of these Terms, you must cease all use of the Products and uninstall and delete all copies in your possession.
Upon expiration, termination, or cancellation of these Terms for any reason, all rights, and obligations of both parties to these Terms, will immediately terminate. The provisions of these Terms that are by their nature intended to survive termination or expiration of these Terms, will survive.
Gateway respects the rights and intellectual property of others, and we ask our Users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Gateway’s Copyright Agent with the following information:
Gateway’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
These Terms, and any dispute, claim (including non-contractual disputes or claims), or matters arising out of or in connection with these Terms will be governed by and construed in accordance with, the substantive laws of the Federal Republic of Nigeria excluding any conflict-of-laws rule or principle that might refer the governance or the construction of these Terms to the law of any other jurisdiction.
a) We are available by email at [email protected] to address any concerns you may have regarding these Terms or your use of the Services. Most concerns may be quickly resolved in this manner. Each of which you and we agree to use our best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
b) If we aren't able to reach an informal resolution within ninety (90) days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.
The parties agree to arbitrate any dispute arising from this Agreement or your use of the Services on an individual basis. ARBITRATION PREVENTS YOU FROM SUING IN COURT. THE PARTIES HEREBY EXPRESSLY WAIVE DISPUTE RESOLUTION USING THE COURT SYSTEM IN THE FIRST INSTANCE.
c) Any claim or controversy arising out of or relating to our product, this Agreement, or any other acts or omissions for which you may contend that we are liable, including (but not limited to) any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration under the Arbitration Procedures using our MULTI-DOOR COURT ARBITRARY SYSTEMS IN LAGOS OR ABUJA using the proper language of the court. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be held on a confidential basis before a single arbitrator, who shall be selected pursuant to Arbitration rules obtainable in Nigeria. The arbitration will be held in Nigeria unless you and we both agree to hold it elsewhere. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS' FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND GATEWAY WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.
d) Class Action and Class Arbitration Waiver. You and Gateway individually and collectively further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and Gateway expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provision set forth above in this Section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
e) Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in this Section do not apply, or if you have opted out of arbitration, or the dispute was not resolved by arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Lagos Nigeria.
During the usage of our products, users are rewarded with badges, the following terms are applicable to usage and functionalities of the badges:
01. The badges are exclusively owned by Gateway, but are given or issued to users as rewards for completing a course or participating in a contest.
02. The issuance of badges as rewards can be stopped at any time by Gateway.
03. Badges are completely held on behalf of users on the Gateway app or websites.
04. To unlock the full functionalities of the Badges which are Non-Fungible Tokens(NFT(s)), the badges can be minted in our NFT marketplace or any marketplace the user prefers.
05. Users can sell or trade their badges in our NFT Marketplace, and prices are completely determined by the user, however, Gateway shall take 5% off for every sale of badges subject to frequent changes
Any notices or other communications provided by us under these Terms, including those regarding modifications to it will be given by posting to the Services and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with your account and your use of the Services.
The user interface may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of our or their product. We do not endorse or assume any responsibility for any of such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.