Terms and Conditions
Please read these Terms and Conditions (“Terms”), which set forth the
legally binding terms and conditions between you and Talent Croft
Ltd (“Talent Croft”, “the Platform” or “the Company”). It governs your access
to and the use of the website, https://www.talentcroft.com/ (the “Website”) and
all related applications (“Application”) and services (the “Services”). Our
collection and use of personal information in connection with your access
to and use of the Platform and our Services is described in our Privacy
Policy. Your access to the Website and/or Service is conditioned on your
acceptance of and compliance with these Terms. These Terms apply to all
visitors, users and others who access or use the Service (collectively
referred to as “Users”) and all applicable laws and all conditions or
policies referenced here. By accessing or using the Website and/or Service
you agree to be bound by these Terms. If you disagree with any part of the
terms then you may not access the Website/ Service.
1. Acceptance of Terms of Use.
The Service is offered subject to acceptance of all the terms and
conditions contained in these Terms and all other operating rules,
policies, and procedures that may be published on the Website by the
Company, which are incorporated by reference, including operating rules,
policies, and procedures of third party service providers to the Website
that are referenced herein. These Terms apply to every user of the Service.
a. Certain parts of the Services may be subject to additional terms and
conditions specified by us from time to time; your use of such Services is
subject to those additional terms and conditions, which are incorporated
into these Terms.
b. These Terms apply to all users of the Services, including, without
limitation, users who are contributors of content, information, and other
materials or services, registered or otherwise.
2. Scope of Talent Croft’s Services
Talent Croft is a digital platform for customers which avails them
the opportunity to develop, showcase and promote talents physically and
financially. Talent Croft is a web based platform built on the
Telecommunications Structure to create ease of access based on TELECOMMS
penetration in sub-Saharan Africa.
3. Use of Talent Croft’s Services
I. To sign up on the Platform, you will need to subscribe via the MTN
Nigeria network (MTN network), 9mobile or Online.
II. Registering for our Services via the MTN network means that you will
need to be on the MTN network and send TALENT to 13290 to access our
Services. Upon successful registration, you will be able to upload your
content(s) to the Platform based on the Category or Categories you have
selected and you can refer others through your unique code. Access to our
Services via the MTN network will require N10 to be deducted by MTN from
your airtime per day. This entry grants you entry into the weekly and monthly raffle draws.
III. You can only upload your content(s) or access our Services when you
have subscribed for the day.
IV. At the end of every week, the top videos are shortlisted for a nomination week and the voting lines are opened.
V. Winners emerges every week, via voting and raffle draw and given the opportunity to get their content promoted with Talent Croft through a distribution agreement.
4. Eligibility
You must be at least 18 years old and able to enter into legally binding
contracts to access and use the Platform or subscribe for our Services. By
accessing or using the Platform, you represent and warrant that you are 18
or older and have the legal capacity and authority to enter into a
contract. If you are under age 18, you cannot use our Services. We may, in
our sole discretion, refuse to offer the Services to any person or entity
and change its eligibility criteria at any time. You are solely responsible
for ensuring that these Terms are in compliance with all laws, rules and
regulations applicable to you and your right to access the Services is
revoked where these Terms or use of the Services is prohibited or to the
extent offering, sale or provision of the Services conflicts with any
applicable law, rule or regulation. Further, the Services are offered only
for your use, and not for the use or benefit of any third party. You are
not eligible to participate in the Raffle Draw if you violate any provision
of these Terms as determined in Talent Croft’s sole discretion. Where a User
wins a Raffle Draw and is found to be ineligible, Talent Croft may, at its
option and sole discretion, choose not to award the Prize at all.
5. User’s Representations and Warranties
Representations and warranties are statements and promises made by you to
Talent Croft, which we rely on as being accurate in our dealings with you. You
make the following representations and warranties to us at the time of
agreeing to these Terms and every time you use the Services;
a. you are over the age of 18 years;
b. you are of sound mind and have the capacity to initiate and participate
in Talent Croft platform;
c. all personal information that you provide about yourself is accurate and
true to the best of your knowledge;
d. you are either subscribed to the MTN Nigeria network in your own name
and will use this account to make payments for your subscriptions;
e. you have carefully considered the risks involved with using the
Platform, and its Services;
f. if you are registering or accepting these Terms on behalf of a legal
entity such as a company, trust or partnership, you are legally authorised
to do so and we may request evidence of such legal entitlement (by way of a
copy of any document which shows the valid and subsisting authorisation);
and
g. you are not breaching any laws or regulations that are applicable to you
or any company, trust or partnership upon whose instructions you are
acting.
Unless prohibited by applicable law, your acceptance of a Prize constitutes
your permission to use your name, submissions, photograph, likeness, voice,
address (city and state) and testimonials in all media, in perpetuity, in
any manner Talent Croft deems appropriate for publicity purposes without any
compensation to such User or any review or approval rights, notifications,
or permissions; and constitutes your consent to disclose your personally
identifiable information to third parties (including, without limitation,
placing the winner’s name on a winner’s list). Notwithstanding any rights
of publicity, privacy or otherwise (whether or not statutory) anywhere in
the world, your acceptance of a Prize constitutes your authorization to:
a. have Talent Croft (and its agents, consultants and employees) photograph,
record, tape, film and otherwise visually and audio visually record you;
b. have Talent Croft (and its agents, consultants and employees) use,
reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract
from, process and otherwise exploit any results of such activity (including
without limitation any manner in which such activity may be recorded or
remembered or modified) or derivatives or extensions or imitations thereof
in any manner that Talent Croft sees fit, in any medium or technology known or
hereinafter invented, throughout the universe in perpetuity, including
without limitation for illustration, art, promotion, advertising, trade or
any other purpose whatsoever; and
c. have relinquished, any right that you may have to examine or approve the
completed product or products or the advertising copy or printed matter
that may be used in conjunction therewith or the use to which it may be
applied
6. Intellectual Property
I. The Platform and its original content, features and functionality are
and will remain the exclusive property of Talent Croft. Our trademarks may not
be used in connection with any product or service without the prior written
consent of Talent Croft.
II. Talent Croft may, at its sole discretion, enable Users to (i) create,
upload, post, send, receive and store content, such as text, photos, audio,
video, or other materials and information on or through the Platform ("User
Content"); and (ii) access and view User Content and any content that
Platform itself makes available on or through the Application, including
proprietary Talent Croft content and any content licensed or authorized for
use by or through Talent Croft from a third party ("Talent Croft Content" and
together with User Content, "Collective Content").
III. You represent that all User Content provided by you is accurate,
complete, up-to-date, and in compliance with all applicable laws, rules and
regulations. You retain ownership of any and all User Content created
and/or uploaded by you. You acknowledge that all Content, including User
Content, accessed by you using the Services is at your own risk and you
will be solely responsible for any damage or loss to you or any other party
resulting therefrom. We do not guarantee that any Content you access on or
through the Services is or will continue to be accurate.
IV. You will not use, copy, adapt, modify, prepare derivative works,
distribute, license, sell, transfer, publicly display, publicly perform,
transmit, broadcast or otherwise exploit the Platform or Collective
Content, except to the extent that you are the legal owner of certain User
Content or as expressly permitted in these Terms. No licenses or rights are
granted to you by implication or otherwise under any intellectual property
rights owned or controlled by Talent Croft or its licensors, except for the
licenses and rights expressly granted in these Terms.
V. By submitting User Content to Talent Croft, through the Platform, you
hereby do and shall grant us a worldwide, exclusive, perpetual, fully paid,
sublicensable and transferable license to use, edit, modify, manipulate,
truncate, aggregate, reproduce, distribute, prepare derivative works of,
display, perform, and otherwise fully exploit the User Content in
connection with the Platform, the Services and our (and our successors’ and
assigns’) businesses, including without limitation for promoting and
redistributing part or all of the Platform or the Services (and derivative
works thereof) in any media formats and through any media channels
(including, without limitation, third party websites and feeds), and
including after your termination of your Account or the Services. You also
hereby do and shall grant each user of the Platform and/or the Services an
exclusive, perpetual license to access your User Content through the
Platform and/or the Services, and to use, edit, modify, reproduce,
distribute, prepare derivative works of, display and perform such User
Content, including after your termination of your Account or the Services.
For clarity, the foregoing license granted to us and our users does not
affect your other ownership or license rights in your User Content,
including the right to grant additional licenses to your User Content,
unless otherwise agreed in writing. You represent and warrant that you have
all rights to grant such licenses to us without infringement or violation
of any third-party rights, including without limitation, any privacy
rights, publicity rights, copyrights, trademarks, contract rights, or any
other intellectual property or proprietary rights.
VI. By submitting User Content to Talent Croft, you also grant Talent Croft an
exclusive right to distribute, market, exploit and publish the User Content
in any media formats and through any media channels including iTunes,
Spotify and Youtube. This right shall subsist in Talent Croft even after the
termination of your Account or the Services.
VII. Subject to your compliance with these Terms, Talent Croft grants you a
limited, non-exclusive, non-sub licensable, revocable, non-transferable
license to access and view any Collective Content made available on or
through the Website and accessible to you, solely for your personal and
non-commercial use.
VIII. Users shall not directly or indirectly: (i) decipher, decompile,
disassemble, reverse engineer, or otherwise attempt to derive any source
code or underlying ideas or algorithms of any part of the Service, except
to the extent applicable laws specifically prohibit such restriction; (ii)
modify, translate, or otherwise create derivative works of any part of the
Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any
of the rights that you receive hereunder.
IX. We do not guarantee that any content or Category will be made available
on the Platform or through the Services. We reserve the right to, but do
not have any obligation to;
a. remove, edit or modify or otherwise manipulate any content in our sole
discretion, at any time, without notice to you and for any reason
(including, but not limited to, upon receipt of claims or allegations from
third parties or authorities relating to such content or if we are
concerned that you may have violated these Terms), or for no reason at all;
and
b. to remove or block any content from the Services.
7. Prohibited Activities
I. You shall not use the Services for any purpose that is prohibited by
these Terms. You are responsible for all of your activity in connection
with the Services. Violation of our rules may result in the termination and
cancellation of your Subscription and forfeiture of your winnings. You
acknowledge and agree that we may terminate any Subscription at any time
for any reason (including, but not limited to, our independent assessment
or the receipt of claims or allegations from third parties or authorities).
II. Users shall not utilize the Platform or the Services for any illegal
purpose.
III. Talent Croft, in its sole discretion, may refuse to allow a User that
Talent Croft has reason to believe is unauthorized or may violate any law,
rule or regulation to participate in the raffle draws on the Platform.
IV. In addition, if uploaded User Contents cannot be entered into
Talent Croft’s raffle draws for any reason, Talent Croft will notify the User by
SMS to the phone number used to subscribe to the Services.
V. You are solely responsible for compliance with any and all laws, rules,
regulations, and tax obligations that may apply to your use of the
Services. In connection with your use of the Platform, you will not and
will not assist or enable others to:
a. breach or circumvent any applicable laws or regulations, agreements with
third-parties, third-party rights, or our Terms;
b. use the Platform or Collective Content for any commercial or other
purposes that are not expressly permitted by these Terms or in a manner
that falsely implies endorsement, partnership or otherwise misleads others
as to your affiliation with Talent Croft;
c. copy, store or otherwise access or use any information, including
personally identifiable information about any other User, contained on the
Website in any way that is inconsistent with Talent Croft’s Privacy Policy or
these Terms or that otherwise violates the privacy rights of Users or third
parties;
d. use screen reader technology, algorithms, or any other automated
technological means to interpret, analyze, research, or gain information
about a question or submit an answer to a question;
e. enter into a contest for which you are not eligible;
f. impersonate any person or entity, including any of our employees,
representatives, or users;
g. promote or link to affiliate programs, multi-level marketing schemes,
sites repurposing existing stories or off-topic content; or
h. include anyone’s identification documents or sensitive financial
information.
i. use the Website in connection with the distribution of unsolicited
commercial messages ("spam");
j. use the Website with the intention to circumvent any purchases or for
any other reason;
k. discriminate against or harass anyone on the basis of race, tribe,
origin, religion, gender, physical or mental disability, medical condition,
marital status, or age, or otherwise engage in any abusive or disruptive
behaviour;
l. use, display, mirror or frame the Platform or Collective Content, or any
individual element within the Platform, Talent Croft’s name, any Talent Croft’s
trademark, logo or other proprietary information, or the layout and design
of any page or form contained on a page in the Platform, without
Talent Croft’s express written consent;
m. dilute, tarnish or otherwise harm the Talent Croft brand in any way,
including through unauthorized use of Collective Content, registering
and/or using Talent Croft or derivative terms in domain names, trade names,
trademarks or other source identifiers, or registering and/or using domain
names, trade names, trademarks or other source identifiers that closely
imitate or are confusingly similar to Talent Croft’s domain, trademarks,
taglines, promotional campaigns or Collective Content;
n. use any robot, spider, crawler, scraper or other automated means or
processes to access, collect data or other content from or otherwise
interact with the Application for any purpose;
o. avoid, bypass, remove, deactivate, impair, descramble, or otherwise
attempt to circumvent any technological measure implemented by Talent Croft or
any of Talent Croft's providers or any other third party to protect the
Application;
p. attempt to decipher, decompile, disassemble or reverse engineer any of
the software used to provide the Application;
q. take any action that damages or adversely affects, or could damage or
adversely affect the performance or proper functioning of the Application;
r. violate or infringe anyone else’s rights or otherwise cause harm to
anyone.
VI. You acknowledge that Talent Croft has no obligation to monitor the access
to or use of the Platform by any User or to review, disable access to, or
edit any User Content, but has the right to do so to (i) operate, secure
and improve the Platform (including without limitation for fraud
prevention, risk assessment, investigation and customer support purposes);
(ii) ensure Users’ compliance with these Terms; (iii) comply with
applicable law or the order or requirement of a court, law enforcement or
other administrative agency or governmental body; (iv) respond to User
Content that it determines is harmful or objectionable; or (v) as otherwise
set forth in these Terms. Users agree to cooperate with and assist
Talent Croft in good faith, and to provide Talent Croft with such information and
take such actions as may be reasonably requested by Talent Croft with respect
to any investigation undertaken by Talent Croft or a representative of
Talent Croft regarding the use or abuse of the Platform.
VII. If you feel that any User you interact with, whether online or in
person, is acting or has acted inappropriately, including but not limited
to anyone who (i) engages in offensive, violent or sexually inappropriate
behaviour, (ii) you suspect of stealing from you, or (iii) engages in any
other disturbing conduct, you should immediately report such person to the
appropriate authorities and then to Talent Croft by contacting us with your
police station and report number (if available); provided that your report
will not obligate us to take any action beyond that required by law (if
any) or cause us to incur any liability to you.
VIII. Talent Croft reserves the right to access, read, preserve, and disclose
any information as we reasonably believe is necessary to:
a. satisfy any applicable law, regulation, legal process or governmental
request,
b. enforce these Terms, including investigation of potential violations
hereof,
c. detect, prevent, or otherwise address fraud, security or technical
issues,
d. respond to user support requests, or
e. protect the rights, property or safety of us, our users and the public.
IX. Talent Croft reserves the right to disqualify a winner of a Raffle Draw if
he or she fails to comply with any provision of these Terms, as determined
in the sole discretion of Talent Croft. Talent Croft, in its sole discretion, may
disqualify you from a Raffle Draw, refuse to award Prizes and require the
return of any Prizes, or suspend, limit, or terminate your account if you
engage in conduct Talent Croft deems, in its sole discretion, to be improper,
unfair, fraudulent or otherwise adverse to the operation of Contests or in
any way detrimental to other Users. Improper conduct includes, but is not
limited to:
a. falsifying personal information, including payment information, required
to claim a Prize;
b. violating eligible payment method terms, including the terms of any cash
rewards payment card, violating any of these rules, using unauthorized
methods such as unauthorized scripts or other automated means;
c. tampering with the administration of the Raffle Draw or trying to in any
way tamper with the computer programs associated with the Raffle Draw;
d. obtaining other Users’ information and spamming other Users; and any
other form of abuse; or otherwise violating these Terms. You acknowledge
that the forfeiture and/or return of any Prize shall in no way prevent
Talent Croft from informing the relevant authorities, and/or pursuing criminal
or civil proceedings in connection with such conduct.
8. Third Party Services
The Services may permit you to link to or otherwise access other websites,
services or resources on your device and the Internet, and other websites,
services or resources may contain links to or be accessed by the Services
or the Application. These other resources are not under our control, and
you acknowledge that we are not responsible or liable for the content,
functions, accuracy, legality, appropriateness or any other aspect of such
websites or resources. The inclusion of any such link or access does not
imply our endorsement or any association between us and their operators.
You further acknowledge and agree that we shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with the use of or reliance on any such
content, goods or services available on or through any such website or
resource.
9. Refunds
Talent Croft will permit and process a refund upon the following conditions-
a. You have been billed an amount in error and can provide documentary
proof thereof;
b. A refund request has been submitted to us via the ‘Contact Us’ section
on the Website within 30 days from the date upon which the amount was
erroneously charged for by Talent Croft;
c. Once the Company has received your refund request, it will be reviewed,
and you will be notified, within 72 hours of receipt of the refund request,
of the approval or rejection thereof. This decision shall be final and
binding on you.
10. Termination
We may terminate your access to all or any part of the Services at any
time, with or without cause, with or without notice, effective immediately,
which may result in the forfeiture and destruction of all information
associated with your use of the Services. If you wish to unsubscribe for
the Services, you may do so by cancelling all subscription payments from
your mobile phone and following the instructions on the Application or
through the Services. All provisions of these Terms which by their nature
should survive termination shall survive termination, including, without
limitation, Intellectual Property, Warranty Disclaimers, Indemnity,
Limitations of Liability, and Governing Law.
11. Warranty Disclaimers
I. We have no special relationship with or fiduciary duty to you. You
acknowledge that we have no duty to take any action regarding:
a. which Users gain access to the Services;
b. what content you access via the Services; or
c. how you may interpret or use the content.
II. You release us from all liability for you having acquired or not
acquired content through the Services. We make no representations
concerning any content contained in or accessed through the Services, and
we will not be responsible or liable for the accuracy, copyright
compliance, or legality of material or content contained in or accessed
through the Services.
III. Your use of the Service is at your sole risk. The Service is provided
on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without
warranties of any kind, whether express or implied, including, but limited
to, implied warranties of merchantability, fitness for a particular
purpose, non-infringement or course of performance.
IV. Talent Croft, its subsidiaries, affiliates, and its licensors do not
warrant that a) the Service will function uninterrupted, secure or
available at any particular time or location; b) any errors or defects will
be corrected; c) the Service is free of viruses or other harmful
components; or d) the results of using the Service will meet your
requirements.
V. Talent Croft makes no representation or warranty, explicit or implicit, as
to the legal rights of the User to participate in the Services, nor shall
any of Talent Croft’s employees, licensees, distributors, wholesalers,
affiliates, subsidiaries, advertisers, promoters or other agencies, media
partners, agents or retailers have the authority to make any such
representation or warranty.
VI. Talent Croft shall not be liable or obligated to the User with respect to
any subject matter of this agreement or under contract, negligence, strict
liability or other legal or equitable theory for:
a. any special, incidental, consequential, or exemplary damages (including,
without limitation, loss of revenue, goodwill, or anticipated profits);
b. amounts in excess of the Prize for the applicable Raffle Draw;
c. any matter beyond such parties’ reasonable control;
d. failed, returned or misdirected notifications based on inaccurate
information provided by the winner in connection with an entry;
e. entries and responses to winner notifications which are lost, late,
incomplete, illegible, unintelligible, misdirected, damaged or otherwise
not received by the intended recipient in whole or in part or for computer
or technical error of any kind;
f. any electronic miscommunications or failures, technical hardware or
software failures of any kind, lost or unavailable network connections, or
failed incomplete, garbled or delayed computer transmissions which may
limit an entrant's ability to participate in Talent Croft’s competitions;
g. any technical malfunctions of the telephone network, computer on-line
system, computer equipment, software, program malfunctions or other
failures, delayed computer transactions or network connections that are
human, mechanical or technical in nature, or any combination thereof,
including any injury or damage to entrant's or any other person's computer
or mobile device related to or resulting from the use of the Platform or
otherwise in connection with any of Talent Croft’s competitions; or
h. any warranty with respect to any Prize or any component thereof.
12. Limitation of Liability
In no event shall Talent Croft, its directors, employees, partners, agents,
suppliers, or affiliates, be liable for any indirect, incidental, special,
consequential or punitive damages, including without limitation, loss of
profits, data, use, goodwill, or other intangible losses, resulting from
a. your use of the Platform or the Services or your inability to use the
Website or the Services;
b. any conduct or content of any third party on the Service;
c. any content obtained from the Service;
d. any unauthorized access, use or alteration of your transmissions or
content, whether based on warranty, contract, tort (including negligence)
or any other legal theory, whether or not we have been informed of the
possibility of such damage, and even if a remedy set forth herein is found
to have failed of its essential purpose;
e. any legal proceedings between the you and any third parties;
f. any direct damages which exceed the value of the Prize won by the User.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of
The Federal Republic of Nigeria, without regard to its conflict of law
provisions.
14. Dispute Resolution
I. Any disputes arising under or in connection with the validity,
interpretation and performance of this Terms between Talent Croft and any
third parties that cannot be resolved amicably by the parties through
negotiation within 30 (thirty) days shall be resolved by Arbitration at the
Lagos Court of Arbitration (LCA) before a single arbitrator in accordance
with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation
of Nigeria.
II. The Parties shall endeavour in good faith to mutually agree on the
selection of an arbitrator. If the Parties cannot mutually agree on the
selection of an arbitrator within ten (10) days of the request, they shall
apply to the LCA to appoint an arbitrator. Arbitration proceedings shall be
conducted in Lagos. The arbitrator will be requested to render an award
within ninety (90) days and to provide, in writing the reasoning for the
award. The decision of any such arbitrator shall be final and binding on
the parties.
III. Each party shall bear its cost in connection with the Arbitration and
the arbitrator’s fees shall be split equally between both parties.
15. Changes to Terms and Conditions
We reserve the right, in our sole discretion, to modify or replace any of
these Terms, or change, suspend, or discontinue the Services (including
without limitation, the availability of any feature, database, or content)
at any time by posting a notice on the Platform or by sending you notice
through the Services, via email or by another appropriate means of
electronic communication. We may also impose limits on certain features and
services or restrict your access to parts or all of the Services without
notice or liability. While we will timely provide notice of modifications,
it is also your responsibility to check these Terms periodically for
changes. Your continued use of the Services following notification of any
changes to these Terms constitutes acceptance of those changes, which will
apply to your continued use of the Services going forward. Your use of the
Services is subject to the Terms in effect at the time of such use.
16. Force Majeure
We shall not be liable for any failure to perform our obligations hereunder
where such failure results from any cause beyond our reasonable control,
including, without limitation, mechanical, electronic or communications
failure or degradation.
17. Entire Agreement and Severability
These Terms are the entire Agreement between you and us with respect to the
Services, including use of the Platform, and supersedes all prior or
contemporaneous communications and proposals (whether oral, written or
electronic) between you and us with respect to the Services. If any
provision of these Terms of Use is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent
necessary so that these Terms will otherwise remain in full force and
effect and enforceable. The failure of either party to exercise in any
respect any right provided for herein shall not be deemed a waiver of any
further rights hereunder.
18. Feedback
We welcome and encourage you to provide feedback, comments and suggestions
for improvements to the Platform or Services. You may submit Feedback by
emailing us, through the contact section on the Platform, or by other means
of communication. Any Feedback you submit to us will be considered
non-confidential and non-proprietary to you. By submitting Feedback to us,
you grant us a non-exclusive, worldwide, royalty-free, irrevocable,
sub-licensable, perpetual license to use and publish those ideas and
materials for any purpose, without compensation to you.
19. Contact Us
If you have any questions about these Terms, please contact us at:
[email protected]
This document was last updated on 4 / April / 2020