Terms of Service
These Terms of Service (“Terms” or “Agreement”) govern your access to and use of the MCO Penny website (mcopenny.ng), mobile application, and any related services, including but not limited to any content, functionality, and services offered on or through the website, mobile application, or other platforms provided by MCO Penny Limited, its affiliates, successors, and permitted assigns (collectively, the “Company,” “we,” “us,” or “our”) (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Services.
1. Acceptance of Terms
By accessing or using the MCO Penny website, mobile application, or any related Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, available at mcopenny.ng. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case “you” or “your” refers to such entity. If you do not have such authority or do not agree with these Terms, you must not accept this Agreement and may not use the Services.
2. Eligibility
You must be at least 18 years of age or the age of legal majority in your jurisdiction to use the Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and are not barred from receiving the Services under any applicable laws. The Company reserves the right to refuse access to the Services to new users or terminate access for existing users at any time without notice.
3. Account Registration
To access certain features of the Services, you may be required to create an account. 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. You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. The Company is not liable for any loss or damage arising from your failure to protect your account credentials.
4. Use of the Services
You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not:
- Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
- Use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services or which, as determined by us, may harm the Company or users of the Services.
- Access the Services if you are a direct competitor of the Company or its affiliates, except with our prior written consent.
- Use the Services for monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Services are hosted, or any server, computer, or database connected to the Services.
5. Intellectual Property
The Services, including all content, features, and functionality (such as text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software) on the website, mobile application, or other related platforms, are owned by the Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as permitted by these Terms or with prior written consent from the Company.
6. User Content
The Services may allow you to submit, post, or upload content, such as reviews, comments, or other materials (“User Content”), through the website, mobile application, or other related platforms. By submitting User Content, you grant the Company a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with the Services. You represent and warrant that:
- You own or control all rights in and to the User Content and have the right to grant the license above.
- Your User Content does not violate any applicable laws or infringe on the rights of any third party, including intellectual property rights, privacy rights, or publicity rights. The Company reserves the right to remove or modify any User Content for any reason, including if it violates these Terms or is otherwise objectionable.
7. Third-Party Services and Links
The Services may contain links to third-party websites, applications, or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company is not responsible or liable for any loss or damage caused by or in connection with your use of any third-party services.
8. Geo-Location Information
We may request access or permission to track location-based information from your mobile device, either continuously or while you are using the mobile application or other Services, to provide location-based services. You may change our access or permissions in your device’s settings.
9. Push Notifications
We may request to send you push notifications regarding your account or the Services, including the mobile application. You may opt out of receiving these communications by adjusting your device’s settings.
10. Privacy
Your use of the Services is subject to our Privacy Policy, available at mcopenny.ng, which explains how we collect, use, disclose, and safeguard your information. By using the Services, you consent to the collection and use of information as described in the Privacy Policy.
11. Modifications to the Services
The Company reserves the right to modify, suspend, or discontinue the Services (or any part thereof), including the website, mobile application, or other related platforms, at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
12. Termination
We may terminate or suspend your access to the Services, including the website, mobile application, or other related platforms, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination (including, but not limited to, intellectual property, disclaimer of warranties, limitation of liability, and indemnification) shall survive.
13. Disclaimer of Warranties
The Services, including the website, mobile application, and other related platforms, are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the Services will be uninterrupted, secure, or error-free, or that defects will be corrected.
14. Limitation of Liability
To the fullest extent permitted by applicable law, the Company, its affiliates, officers, directors, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
15. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including your User Content or any use of the Services’ content, services, or products other than as expressly authorized in these Terms.
16. Governing Law and Dispute Resolution
These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of Nigeria, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Lagos, Nigeria.
17. Changes to These Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide notice by updating the “Last Updated” date of these Terms. Your continued use of the Services, including the website, mobile application, or other related platforms, following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically to stay informed of updates.
18. Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the Services.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- No Waiver: The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.
- Force Majeure: The Company shall not be liable for any failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, or acts of civil or military authorities.
19. Contact Information
For any questions, concerns, or inquiries regarding these Terms, the Services, or your use of the MCO Penny website, mobile application, or other related platforms, please contact us at the following: MCO Penny Limited Email: info@mcopenny.ng, Website: mcopenny.ng, Address: i014 Ogba central Mall, Beside Sunday Market, Ogba, Ikeja. Our support team is available to assist you with any issues or feedback related to the Services. Please include relevant details, such as your account information or the nature of your inquiry, to help us respond promptly and effectively.