AnyworkX Terms of Use

1. INTRODUCTION

AnyworkX is a digital product of X-agon Digital Solutions Limited. AnyworkX is an online marketplace where vendors of legitimate services can showcase their business, competence and experience to prospective customers who may need their services anywhere and at any time. AnyworkX platform is designed to bring convenience and safety to both service providers and customers who are in need of services. With AnyWorkX, customers can seamlessly find and request a service provider whose profile and terms suit their needs and can meet the urgency required.

The user-friendly AnyworkX app lets you browse through different categories of services, see the aggregate ratings from customers for each service provider that has been engaged via the app and provides a unique opportunity to compare service fees and find the best deal and the best fit. Payments are secure through the app and disputes on payments as well as trust issues are reduced to the barest minimum through the use of the in-app wallet where all financial transactions are made.

As of now AnyworkX provides its services for use within Nigeria. However, please note that there are future plans for expansion to include countries outside of Africa. There are endless services available on the App as we keep updating.

2. BINDNG AGREEMENT

These terms constitute a binding agreement between you and AnyworkX/X-agon and its affiliates and subsidiaries (“X-agon” “We” “Us”). “You”, “User” and “Users” shall mean all visitors to, and users of the AnyworkX service, including Vendors and Customers. You accept these Terms each time you access the AnyworkX service. If you do not accept these Terms, you must not use the AnyworkX service.

3. ELIGIBILITY

You are not authorized to create an account or access or use the Service or systems it resides on unless all of the following are true:

3.1 You are at least 18 years of age. If you are under 18 but over 12 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the AnyworkX service. Under no circumstances may anyone under the age of 13 use the Service;

3.2 You are a vendor/service provider or require the services of vendors/service providers;

3.3 You can form a binding contract with AnyworkX;

3.4 You are not a person who is barred from using the Service under the laws of the Nigeria or any country where AnyworkX is present;

3.5 You will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations;

4. PRIVACY POLICY

Please review our Privacy Policy to understand how we collect, use, and disclose information about you.

5. ANYWORKX OBLIGATIONS

Subject to the terms and conditions of this Agreement, AnyworkX is committed to the following obligations.

5.1 Provision of Technology. AnyworkX provides technology services that both (i) enable Vendors to connect with Customers who may require the services of the Vendors and (ii) enable Customers to search and select a preferred Vendors to offer a service.

5.2 Platform Maintenance and Functionality. AnyworkX is obligated to maintain the functionality and security of its platform, ensuring that it operates smoothly and is accessible to both vendors and customers.

5.3 Customer Support. In connection with the provision of Services to Vendor and Customer, AnyworkX on behalf of the parties may respond timely to complaints, disputes or queries by either party regarding services provided via the Apps. In the event of a dispute, complaint, either party can immediately notify AnyworkX by e-mail to hakunamatata@anyworkx.africa.

5.4 Platform Security and Financial Transactions Obligations. AnyworkX is obligated to implement measures to verify customers and vendors, safeguarding against fraudulent activities on the platform, while also facilitating secure and timely payment processing between customers and vendors to ensure a reliable financial transaction system.

5.5 Compliance with Laws: AnyworkX has a duty to adhere to all relevant laws and regulations governing the operation of the platform, including data protection, consumer rights, and business practices.

6. VENDOR OBLIGATIONS

6.1 Professionalism and Technical Knowhow. Vendor will ensure the accuracy and truthfulness of information provided on the App regarding the service(s) rendered including information regarding expertise, descriptions, service fees, tools and equipment required (where necessary).

6.2 Service Responsibility. Vendor is responsible for delivering services in accordance with the terms and conditions agreed upon with the customer. Vendor shall be responsible for any reimbursement costs related to Customer refunds for Substandard or incorrect service delivery or other related issues within Vendor’s control.

6.3 Soliciting Restrictions. Vendor is obligated not to solicit, lure or steal customers from the AnyworkX platform with the intent of avoiding the applicable commission to be paid by the Vendor to AnyworkX. Any such attempts are considered a breach of this agreement, making the person liable to appropriate actions and remedies at the discretion of AnyworkX.

6.4 Item Restrictions. Vendor is obligated not to list or sell any item on the platform. AnyworkX is a strictly service ordering and rendering platform for users. Any such attempts to breach this term will lead to appropriate actions and remedies at the discretion of AnyworkX.

6.5 Payment of Service Fee and Commitment Fee Commission. Vendor is obligated to remit a payment of 15% of the total value of service rendered through the App and 10% of Commitment Fee to AnyworkX, using the designated means of payment provided on the platform.

6.6 Communication, Customer Feedback, and Reviews. Vendor commits to maintaining clear and effective communication with a representative of AnyworkX, and with customers, addressing service delivery details, and any transaction issues. Additionally, vendors pledge to actively encourage and manage customer feedback and reviews, fostering transparency and accountability in the vendor-customer relationship.

7. CUSTOMER OBLIGATIONS

7.1 Accurate Information. Customer is obligated to provide accurate and truthful information during registration, onboarding and verification, as well as during service requests, and any other interaction with the platform.

7.2 Payment. Customer must ensure that in-app wallet is adequately funded and accurate and timely payment is made for services ordered through the AnyworkX platform using approved payment methods.

7.3 Respect Vendor Policies. Customer must respect the terms and conditions set by vendors, including booking and cancellation policies, and any specific requirements related to the services ordered.

7.4 Feedback and Reviews. Customer will provide constructive and fair feedback based on the actual experience with the vendor, contributing to the improvement of the overall platform.

7.5 Responsible Use. Customer agrees to use the AnyworkX platform responsibly, ethically, and in compliance with the platform's terms of use, including refraining from any misuse, harassment, or illegal activities.

8. BOOKINGS

8.1 Orders: The Platform permits you to request various Professional Services at a time of your choosing based on availability of service providers. To make a booking, you should follow the instructions on the Platform and provide necessary information. We use reasonable efforts to enable you to find Service Providers who are able to provide that service at the requested time. If, in the unlikely event, the Platform cannot find a Service Provider for the specific area you desire the service, you are encouraged to use the filter option to extend your coverage area.

8.2 Confirmation: Once you book a service provider the service provider is expected to confirm the booking via a push notification. Once your booking has been confirmed, you will be required to make the payment in accordance with the Terms agreed with the service provider as indicated on the Platform.

8.3 Cancellations: Bookings that are cancelled before confirmation on the Platform will not be charged. AnyworkX’s cancellation policy sets out applicable cancellation fees.

9. FINANCIAL AND PAYMENT TERMS

9.1 Verification Fee Requirement. To utilize this service as a Vendor, a non-refundable, one-time verification fee of N500 (Five Hundred Naira) is mandatory. Failure to make this payment will result in the inability to get verified and access the platform's services. The purpose of this fee is to enable AnyworkX identify the digital footprint of its users and perform the basic level of verification for financial activities on the app.

9.2 Wallet Funding. To use the service as a customer, funding your personal wallet is a prerequisite. You can fund your wallet using the bank information you provided. All payments for services are made from this wallet. ANYWORKX DOES NOT ALLOW INDISCRMINATE CHANGE OF ACCOUNT DETAILS.

9.3 Commitment Fee. Following the booking of a service, customers may be required to pay a fixed commitment fee to the vendor as a booking fee and to cover the cost of movement of the vendor to the customer’s location. It is also to discourage arbitrary cancellations from Customers. The fee is 20% of the amount agreed by the customer and vendor as the service fee for the service to be rendered. Upon the customer's payment of this Commitment Fee, AnyworkX will impose a 10% charge on all such fees. However, there is a room for negotiation between the customer and vendor for waiving of the Fee. In a case where the vendor agrees to waiving the commitment fee, the customer can cancel the Commitment Fee invoice on the payment dashboard of the app during transaction.

9.4 Service Fee. For each service offered by the Vendor through the AnyworkX App, a commission equivalent to 15% of the service fee will be automatically deducted from the Vendor’s wallet within the application and remitted to AnyworkX, streamlining the payment process and ensuring transparency in fee transactions.

9.5 Pricing. Vendor is responsible for determining and setting the price for each service. Vendor is also responsible for the collection and remittance of all applicable tax. Vendor agrees not to make any service available on the App at a price higher than the amount Vendor is charging for similar service through any comparable digital platform.

9.6 Appointment as Limited Payment Collection Agent. Vendor and Customer are solely responsible for providing AnyworkX with, and maintaining, accurate bank account information. Vendor hereby appoints AnyworkX, as Vendor’s limited payment collection agent solely for the purpose of: (i) accepting payment for the cost of services offered by Vendor via the App (ii) remitting Service Fee collected on Vendor’s behalf less the 15% Commission, to the Vendors wallet. Vendor authorizes AnyworkX to use any or all of the above methods to seek such adjustments and reimbursements. Further, Vendor agrees that payment collected on its behalf by AnyworkX will be considered the same as payment made directly to Vendor. Vendor agrees that if Vendor does not receive payment from AnyworkX for a service a customer has made payment for, Vendor’s only recourse will be against AnyworkX.

9.7 Payment Compliance. AnyworkX may, from time to time, request information from Vendor to confirm Vendor’s identity as may be necessary under any applicable compliance obligations before remitting any amounts to Vendor. AnyworkX withhold amounts owed to Vendor if there is a legal or regulatory risk or potential breach of law or regulation associated with such remittance to Vendor.

10. INTELLECTUbAL PROPERTY

10.1 Marks. AnyworkX retains all intellectual property rights associated with its platform, including but not limited to trademarks, copyrights, patents, and trade secrets. Users acknowledge that all content, features, and functionalities available on AnyworkX are protected by applicable intellectual property laws. Users are granted a limited, non-exclusive, and non-transferable license to access and use the platform for personal or business purposes in accordance with these Terms of Use. Any unauthorized reproduction, distribution, modification, or use of AnyworkX's intellectual property without explicit written consent is strictly prohibited. Users agree not to reverse engineer, decompile, or disassemble any part of the platform. Any contributions, suggestions, or feedback provided by users may be used by AnyworkX for product improvement without obligation or compensation. AnyworkX respects the intellectual property rights of others and expects users to do the same. If users believe their intellectual property rights have been infringed, they should promptly notify AnyworkX by e-mail to hakunamatata@anyworkx.africa

10.2 Marketing. AnyworkX may showcase the availability of Vendors via the Vendor App through various promotional activities (e.g., through social media channels, websites, advertisements, or blogs). AnyworkX (or a party designated by AnyworkX and acting on AnyworkX’s behalf) may take video and still images for marketing and other efforts related to the App(s) (“Photographs”). Vendor agrees that Photographs (including all intellectual property rights therein) are and will remain the sole and exclusive property of AnyworkX. Additionally, Vendor may provide videos, still image or other materials to AnyworkX for use in connection with the display of Vendor’s Services on the App(s) or the marketing and promotion and the availability of your Service via the App. Vendor hereby grants AnyworkX a non-exclusive, perpetual, fully paid-up and royalty free license to use and display such Vendor Marketing Materials in connection with Vendor’s services and other promotional activities relating to the services. Without limiting anything in the Agreement, Vendor represents and warrants that the vendor marketing materials do not infringe, misappropriate, or otherwise violate any third party’s intellectual property or other proprietary rights. To the extent that the vendor marketing materials contain any third-party materials, Vendor is solely responsible for and will secure any and all rights, licenses, consents and permissions necessary for AnyworkX to be able to use the Vendor marketing materials in accordance with this section. Vendor agrees that AnyworkX may remove vendor marketing materials from the App if AnyworkX receive notice or otherwise reasonably believe that such vendor marketing materials may infringe, misappropriate, or otherwise violate any intellectual property or other proprietary rights.

11. PROPRIETARY INFORMATION; FEEDBACK

11.1 Definition. “Proprietary Information” means any confidential, proprietary or other non-public information disclosed by or on behalf of one party (“Discloser”) to the other (“Recipient”), whether disclosed verbally, in writing, or by inspection of tangible objects, and includes transactional, operational, performance data and other data or information that is related to the terms and conditions of this Agreement. Proprietary information will not include information that: (i) was previously known to the Recipient without an obligation of confidentiality; (ii) was acquired by the Recipient without any obligation of confidentiality from a third party with the right to make such disclosure; or (iii) is or becomes publicly available through no fault of the Recipient.

11.2 Confidentiality and Proprietary Information Protection. Each Recipient agrees that it will not disclose to any third parties other than Representatives or use in any way other than as necessary to perform this Agreement, the Discloser’s Proprietary Information. Each Recipient will ensure that Proprietary Information will only be made available to Recipient’s affiliates, officers, directors, employees and agents who have a need to know such proprietary information and who, prior to any disclosure of such Proprietary Information, are bound by written obligations of confidentiality with respect to such Proprietary Information that are no less stringent that those set forth in this Agreement. Recipient will cause its Representatives to comply with the terms of this Agreement and will be solely responsible for any breach of this Agreement by any of its Representatives. This foregoing prohibition on use and disclosure of Proprietary Information will not apply to the extent: (i) the Discloser has authorized such use or disclosure and (ii) a Recipient is required to disclose certain Proprietary Information of the Discloser as a matter of law or by order of court, provided that the Recipient gives the Discloser prior written notice of such obligation to disclose. On the expiration or termination of this Agreement and as requested by Discloser, each Recipient will deliver to the Discloser (or destroy at the Discloser’s election) any and all materials or documents containing the Discloser’s Proprietary Information, together with all copies thereof in whatever form.

11.3 Passwords. Users are responsible for maintaining the integrity of information related to their access and use of the Tools and Services, including any password, login or key information. Vendor and Customer represents and warrants that they will not share such information with any third party.

11.4 Feedback. Users may, but are not obligated to provide or otherwise make available to AnyworkX certain feedback, suggestions, comments, ideas, or other concepts relating to AnyworkX and its affiliate’s products and services (“Feedback”). However, to the extent that either of the users provides or otherwise makes available Feedback to AnyworkX, such user hereby grants to AnyworkX a perpetual, irrevocable, worldwide, royalty free, fully sub-licensable right to use and otherwise exploit such Feedback.

12. GENERAL USER CONDUCT

12.1 AnyworkX prohibits discrimination against other users, including on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to book or accept bookings based on any of these characteristics.

12.2 We request that you treat all users with courtesy and respect, and that customers provide service providers with a safe, clean, and appropriate location to perform the Professional Services. Service Providers shall be entitled to refuse to perform Professional Services if customers have not provided a safe, clean, and appropriate location for them, or customers behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. We reserve the right to withhold access to the funds provided for the Services and otherwise limit such customer’s access to the Platform at our absolute discretion if customers behave towards any Service Provider in a manner which is discourteous, disrespectful, or abusive, or which we otherwise deem to be inappropriate or unlawful.

12.3 You agree that you will be liable for discrimination against other users or for any failure of customers, intentional or otherwise, to provide the Service Providers a safe, clean, and appropriate location for them to perform the Professional Services. Additionally, customers will also disclose any and all information that may have a bearing on the ability of the Service Provider to perform the Professional Services or impact the Services Provider’s health, safety, or well-being, to AnyworkX and the Service Provider.

12.4 Customers agree that in the event a Service Provider behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, such customers shall be required to report such incident to disputeofficer@anyworkx.africa at the earliest but in any event within 48 (forty eight) hours of such.

12.5 You represent and warrant that all information that you provide in relation to the booking and rendering of Professional Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services and/or the Pro Services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice by e-mail to hakunamatata@anyworkx.africa.

We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail the Services is incorrect, incomplete, inaccurate, or misleading or if you fail to disclose any material fact.

12.6 You shall extend all cooperation to us in our defense of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.

13. RATINGS

13.1 Vendor acknowledges and agrees that, after delivery of a service, a Customer may be prompted by the App(s) to provide a rating of such service delivered and, at such Customer’s option, to provide comments or feedback related to the Customer’s experience with Vendor on the App(s) (“Customer Feedback”). AnyworkX reserves the right to use, share, and display Customer Feedback in any manner in connection with the business of AnyworkX without attribution to or approval of Vendor. Vendor acknowledges that AnyworkX are distributors (without any obligation to verify) and not publishers of Customer Feedback, provided that AnyworkX reserves the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal data, violate any privacy or other applicable laws, or AnyworkX content policies.

14. REPRESENTATIONS AND WARRANTIES

Each party hereby represents and warrants that:

14.1 It has full power and authority to enter into this Agreement and perform its obligations hereunder;

14.2 It is duly organized, validly existing and in good standing under the laws of the Federal Republic of Nigeria;

14.3 All information, including personal details and current location, provided is up-to-date and accurate;

14.4 It has not entered into, and during the Term will not enter into, any agreement that would prevent it from complying with or performing under this Agreement;

14.5 It will comply with all applicable laws and regulations in the performance of this Agreement and any activities hereunder (including all applicable consumer protection, data protection and privacy laws); and

14.6 The Marks used or provided by one party to the other pursuant to this Agreement shall not infringe or otherwise violate the intellectual property rights, rights of publicity, or other proprietary rights of any third party.

15. INDEMNITY

15.1 Indemnified Claims. Each Party (“Indemnifying Party”) will indemnify, defend and hold harmless the other, its affiliates and respective directors, officers, employees and agents (the “Indemnified Party”) from and against any and all claims, damages, liabilities, causes of action, and losses with respect to any third party claim arising out of or related to: (i) the negligence or willful misconduct of the Indemnifying Party or its employees or agents in their performance of this Agreement; (ii) any claims that, if true, would be a material breach of any of the Indemnifying Party’s representations or warranties in this Agreement; or (iii) any claims that the Marks provided by the Indemnifying Party infringe a third party’s intellectual property rights, to the extent the Indemnified Party used such Marks in accordance with the manner approved by the Indemnifying Party.

15.2 Procedure. Each Indemnified Party will provide prompt written notice to the Indemnifying Party of any potential claims, demands, suits, or actions for which indemnification may be sought under the terms of this agreement. The notice will include sufficient details of the claim, and the Indemnifying Party shall have the right to participate in the defense and settlement of such claims with counsel of its choice. Failure to provide timely notice shall not relieve the Indemnifying Party of its indemnification obligations, except to the extent that such failure materially prejudices its ability to defend the claim.

16. LIMITS OF LIABILITY

As the AnyworkX platform is an online marketplace for services between Vendors and Customers, we cannot guarantee or accept any liability for the quality or absence of defects in the provision of services. The use of the AnyworkX App to request a service is subject to the conduct of the Users. AnyworkX does not promise or take responsibility for always finding customers or vendors to provide a service. The App is not an agency for connecting vendors and customers. Instead, the App is a tool to help organize and arrange services across different providers and users. To the maximum extent permitted by law, AnyworkX accepts no liability for any of the following;

16.1 Any business losses, such as loss of profits, income, revenue, anticipated saving business, contracts, goodwill or commercial opportunities;

16.2 Loss or corruption of any data, database or software

16.3 Any special, indirect or consequential loss or damage.

17. DISCLAIMER

17.1 AnyworkX Liability. We are not liable for the actions of users when they use the AnyworkX Service. We may also make changes to the AnyworkX Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you encounter using the AnyworkX Service or other websites.

17.2 Changes to the AnyworkX Service. We may change, suspend, or discontinue any aspect of the AnyworkX Service at any time, including hours of operation or availability of the AnyworkX Service or any feature, without liability.

17.3 Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents or service made by Vendors on the AnyworkX Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party services obtained through the AnyworkX Service. Use the AnyworkX Service at your own risk.

17.4 Third-Party Websites. The AnyworkX Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

17.5 Dispute Disclaimer. We are not responsible for any disputes or disagreements between you and any third party you interact with using the AnyworkX service, including from time to time, any interactions with other vendors, customer and other users, generally.

18. MODIFICATION OF THESE TERMS

AnyworkX reserves the right to amend or modify these Terms at any time or from time to time.  When these Terms are changed, you may be given notice of the changes and directed to the page on our Website where the new Terms can be viewed. It is however your responsibility to check these Terms periodically for changes. By continuing to use the Platform after such modifications, you agree to be bound by the revised Terms. If you do not wish to accept the new Terms, your sole remedy shall be to cease the use of the AnyworkX Service.

19. GENERAL TERMS

19.1 Governing Law. These Terms and all matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria

19.2 Dispute Resolution. Any disputes arising from these Terms or the use of the Platform shall be resolved by negotiation. In the event that the dispute cannot be resolved by negotiation, recourse should be had to the competent courts in Nigeria

19.3 Termination. AnyworkX reserves the right to terminate your access to the Platform without any prior notice.

19.4 Contact Information. If you have any questions or suggestions regarding these Terms, please contact us at privacy@anyworkx.africa

19.5 Headings. The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.

19.6 Severability. If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

19.7 Entire Agreement. These Terms constitute the sole and entire agreement of the parties to these Terms with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

19.8 No Third-party Beneficiaries. These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.

20. DISPUTE REDRESSAL

20.1 You may contact our designated Dispute Redressal Officer with any complaints or queries relating to the Services through registered post or through email, details of which are provided below:

20.2 We shall ensure that your complaint is resolved within timelines prescribed by applicable laws.