Terms and Conditions

 

Effective Date: 5/03/2025

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Power HQ Limited (“Power HQ,” “we,” “us,” or “our”). By accessing, browsing, or using any part of our website, applications, products, or services (collectively, the “Services”), you agree to be bound by these Terms, as well as any additional terms, guidelines, policies, or rules that may be published by us from time to time.

1. Introduction

1.1 Purpose and Scope
These Terms are designed to govern your use of our Services and provide a comprehensive framework that covers your rights, responsibilities, and limitations when using our offerings. They apply to all users, whether or not you are a registered member.

1.2 Acceptance of Terms
By accessing our Services, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree to these Terms, you must immediately cease using our Services.

1.3 Modification of Terms
Power HQ reserves the right to modify, amend, or update these Terms at any time. We will notify users of any significant changes via our website or through other appropriate communication channels. Continued use of our Services after such changes constitutes acceptance of the revised Terms.

2. Definitions

For the purposes of these Terms, the following definitions shall apply:

2.1 “Account” – A registered profile created by a User to access certain features or services provided by Power HQ.

2.2 “Content” – Any text, images, video, audio, graphics, or other materials that are posted, uploaded, or otherwise made available through our Services.

2.3 “User-Generated Content” – Content that is submitted or posted by Users, including but not limited to comments, reviews, feedback, and other materials.

2.4 “Third-Party Content” – Any Content that is provided by sources outside of Power HQ, including but not limited to links, embedded media, or data sourced from external websites.

2.5 “Services” – Any and all products, features, functionalities, and tools provided by Power HQ, including but not limited to our website, applications, and support services.

3. Eligibility and Registration

3.1 Eligibility
You must be at least 18 years of age or the age of majority in your jurisdiction to use our Services. By using our Services, you represent and warrant that you meet the eligibility requirements.

3.2 Account Registration

  • Users may be required to register for an Account to access certain features or services.
  • When registering, you agree to provide accurate, current, and complete information, and to update this information promptly if it changes.
  • You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Account Security

  • You agree to notify Power HQ immediately if you suspect any unauthorized use of your Account or any other breach of security.
  • We will not be liable for any loss or damage arising from your failure to comply with this requirement.

4. Use of the Website and Services

4.1 Permitted Use

  • You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal or business purposes, subject to these Terms.
  • Use of our Services must comply with all applicable laws, regulations, and third-party rights.

4.2 Prohibited Activities
Users are strictly prohibited from:

  • Violating or attempting to violate the security of any computer network, including but not limited to accessing data not intended for you.
  • Engaging in any activity that could interfere with, disrupt, or harm the operation of our Services.
  • Uploading, posting, or transmitting any Content that is defamatory, abusive, harassing, vulgar, obscene, or otherwise objectionable.
  • Attempting to modify, reverse engineer, or create derivative works of our Services or any part thereof.
  • Using our Services to transmit any spam, malware, or other harmful software.

4.3 User Responsibilities

  • You are responsible for all activity that occurs under your account.
  • You agree to cooperate with any investigation into potential violations of these Terms and to provide any requested information promptly.

4.4 Monitoring and Enforcement
Power HQ reserves the right to monitor your use of our Services and investigate any suspected violations of these Terms. We may, at our sole discretion, suspend or terminate access to the Services without notice if we determine that you have violated these Terms.

5. Intellectual Property Rights

5.1 Ownership

  • All intellectual property rights in and to the Services, including but not limited to text, graphics, logos, images, audio clips, video clips, software, and data compilations, are owned by or licensed to Power HQ.
  • No rights are granted to you other than as expressly set forth herein.

5.2 Restrictions

  • You may not copy, reproduce, modify, distribute, or create derivative works based on our Content, except as expressly permitted in these Terms or with our written consent.
  • Any unauthorized use of our intellectual property may violate copyright, trademark, and other applicable laws.

5.3 Trademarks
All trademarks, service marks, and trade names used on our website are the property of Power HQ or its affiliates. Nothing in these Terms grants you any right or license to use any trademark without the prior written consent of Power HQ or such third party that may own the trademark.

6. User-Generated Content

6.1 Submission Guidelines

  • You are solely responsible for the Content that you submit, post, or otherwise transmit through our Services.
  • You agree that any Content you provide does not infringe upon any third-party rights, including intellectual property rights, and is not illegal, harmful, or otherwise objectionable.

6.2 Grant of License

  • By submitting User-Generated Content, you grant Power HQ a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, distribute, publicly display, and perform such Content in connection with our Services and for promotional purposes.

6.3 Content Moderation

  • Power HQ reserves the right, but is not obligated, to monitor, review, and remove any User-Generated Content that violates these Terms or that we deem to be inappropriate or harmful.
  • We do not guarantee the accuracy, integrity, or quality of any User-Generated Content.

7. Third-Party Content and Links

7.1 Third-Party Links

  • Our Services may contain links to third-party websites, resources, or services. These links are provided solely for your convenience and do not signify our endorsement of the linked sites.
  • We have no control over the content or practices of these third-party websites and are not responsible for their accuracy or reliability.

7.2 Third-Party Content

  • In some cases, our Services may incorporate content provided by third parties. Such content is the sole responsibility of the third party, and Power HQ does not warrant its accuracy or completeness.
  • Your use of any third-party content is governed by the terms and conditions of the respective third party.

8. Privacy, Data Collection, and Cookies

8.1 Privacy Policy

  • Your privacy is important to us. Please review our Privacy Policy, which is incorporated by reference into these Terms, to understand our practices regarding the collection, use, and disclosure of your personal information.
  • By using our Services, you consent to our collection and use of information as outlined in our Privacy Policy.

8.2 Data Collection and Use

  • We may collect and process various types of data, including personal information, technical data, and usage data. This information is used to enhance and personalize your experience, improve our Services, and communicate with you.
  • We use industry-standard security measures to protect your data, but you acknowledge that no method of transmission over the internet is completely secure.

8.3 Cookies and Tracking Technologies

  • Our website uses cookies and other tracking technologies to collect information about your browsing activities. Cookies are small data files stored on your device that help us improve our Services and provide a personalized experience.
  • You can control the use of cookies through your browser settings, but disabling cookies may affect the functionality of our Services.

9. Payment, Fees, and Refunds

9.1 Fees and Charges

  • Certain features or services provided by Power HQ may require payment of fees. All such fees are clearly disclosed on our website or during the transaction process.
  • You agree to pay all applicable fees and taxes associated with your use of the paid portions of our Services.

9.2 Refund Policy

  • Refunds, if any, will be provided in accordance with our Refund Policy, which is available on our website. Please review the Refund Policy for details on eligibility, processes, and timeframes.
  • All disputes regarding fees or charges should be directed to our customer support team.

9.3 Payment Security

  • We use secure payment gateways and follow industry best practices to ensure the safety of your payment information.
  • You agree to provide accurate payment details and authorize us to charge your chosen payment method for any applicable fees.

10. Disclaimer of Warranties

10.1 General Disclaimer

  • The Services are provided on an “as is” and “as available” basis without any warranties, express or implied.
  • Power HQ disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.

10.2 No Guarantee of Continuous Availability

  • While we strive to ensure our Services are available and secure, we do not guarantee uninterrupted access or that the Services will be error-free or free of harmful components.

10.3 Third-Party Warranties

  • Any warranties provided by third parties in connection with third-party products or services available through our Services are solely those of the third party. Power HQ is not responsible for any such warranties.

11. Limitation of Liability

11.1 Exclusion of Damages

  • To the fullest extent permitted by applicable law, Power HQ shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our Services, even if we have been advised of the possibility of such damages.

11.2 Maximum Liability

  • In no event shall the aggregate liability of Power HQ exceed the total amount paid by you (if any) for accessing or using our Services during the twelve (12) months preceding the claim.

11.3 Assumption of Risk

  • Your use of our Services is at your own risk. You agree that Power HQ will not be responsible for any harm or damage resulting from any interruptions, delays, or errors in the operation of our Services.

12. Indemnification

12.1 User Indemnification

  • You agree to indemnify, defend, and hold harmless Power HQ, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or in connection with:
    • Your use of the Services,
    • Any violation of these Terms,
    • Any infringement or misappropriation of any intellectual property or other rights by you,
    • Any actions or omissions by you.

12.2 Procedure for Indemnification

  • Should a claim arise for which indemnification is sought, you agree to cooperate fully with Power HQ in the defense and resolution of the claim and to allow Power HQ to assume control of the defense, at your expense if necessary.

13. Termination

13.1 Termination by Power HQ

  • Power HQ reserves the right, at its sole discretion, to suspend or terminate your access to the Services at any time, without notice, for any reason, including, but not limited to, violation of these Terms or activities that may harm other users or the Services.

13.2 Termination by User

  • You may terminate your use of the Services at any time by discontinuing use and, if applicable, by closing your Account.
  • Termination does not relieve you of any obligations incurred prior to termination.

13.3 Effect of Termination

  • Upon termination, your right to access and use the Services will immediately cease, and Power HQ may delete or deactivate any content or data associated with your Account.
  • The provisions of these Terms that by their nature should survive termination (including but not limited to sections on intellectual property, limitation of liability, indemnification, and governing law) shall survive.

14. Governing Law and Dispute Resolution

14.1 Governing Law

  • These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law provisions.

14.2 Dispute Resolution

  • Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof shall be resolved primarily through informal negotiations.
  • If the dispute cannot be resolved through informal negotiations, you and Power HQ agree to submit the dispute to mediation or binding arbitration in accordance with the rules of [Insert Mediation/Arbitration Institution]. The venue for any such mediation or arbitration shall be [Insert Venue], unless otherwise agreed by the parties.

14.3 Class Action Waiver

  • To the extent permitted by applicable law, any dispute resolution proceedings will be conducted solely on an individual basis and not as part of any class or consolidated proceeding.

15. Notices

15.1 Method of Notice

  • All notices, requests, demands, and other communications under these Terms shall be in writing and delivered via email, postal mail, or any other method deemed appropriate by Power HQ.
  • Notices shall be deemed given upon receipt by the intended recipient.

15.2 Contact Information for Notices
For all notices or communications regarding these Terms, please contact:

Power HQ Limited
3 Joseph Odunlami St, Off Ogba,
Thomas Salako St, Lagos
Tel: +2348130268295
Email: info@powerhq.com.ng
Web: powerhq.com.ng

16. Entire Agreement

16.1 Integration Clause

  • These Terms, together with any policies or guidelines referenced herein, constitute the entire agreement between you and Power HQ regarding your use of the Services, superseding any prior or contemporaneous agreements, communications, or representations, whether oral or written.

16.2 Amendments and Modifications

  • No amendment or modification of these Terms shall be binding unless in writing and signed by an authorized representative of Power HQ.

17. Severability

17.1 Severability of Provisions

  • If any provision of these Terms is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision or invalidate the entire Terms. The affected provision shall be modified to the minimum extent necessary to comply with applicable law while preserving the original intent.

18. Force Majeure

18.1 Definition of Force Majeure

  • Power HQ shall not be liable for any failure or delay in the performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions.

18.2 Notification of Force Majeure

  • In the event of a force majeure event, Power HQ will make reasonable efforts to notify Users and resume normal operations as soon as practicable.

19. Additional Provisions for International Users

19.1 Compliance with Local Laws

  • Users accessing our Services from outside [Insert Jurisdiction] are responsible for complying with all applicable local laws and regulations regarding online conduct and acceptable content.
  • Any dispute arising under these Terms shall be governed by the laws of [Insert Jurisdiction], and users agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.

19.2 Translations

  • These Terms may be translated into different languages for convenience. In the event of any discrepancies between the translated version and the original English version, the English version shall prevail.

20. Data Retention and Access

20.1 Data Retention Policy

  • We retain personal data collected through our Services for as long as necessary to provide our services, comply with legal obligations, and resolve disputes.
  • Detailed information regarding our data retention practices is set forth in our Privacy Policy.

20.2 User Rights to Access and Control Data

  • Depending on your jurisdiction, you may have the right to access, modify, or delete your personal data. Please refer to our Privacy Policy or contact our support team for further information regarding your rights.

21. Service Level Agreements and Performance

21.1 Availability

  • Power HQ aims to provide reliable and continuous access to our Services. However, we do not guarantee uninterrupted or error-free operation.
  • Scheduled maintenance and updates may result in temporary service interruptions.

21.2 Performance Standards

  • We strive to meet high performance and uptime standards. Any performance metrics or uptime guarantees provided are subject to the limitations set forth in these Terms and do not create contractual obligations.

22. Acceptable Use Policy

22.1 General Use

  • You agree to use our Services in a manner that is ethical, responsible, and in accordance with all applicable laws.
  • Misuse of our Services, including but not limited to any fraudulent, deceptive, or harmful activities, is strictly prohibited.

22.2 Prohibited Content and Activities

  • You shall not upload, share, or disseminate any Content that is illegal, harmful, discriminatory, or infringes on the rights of others.
  • Any attempts to disrupt, manipulate, or damage the operation of our Services will be subject to immediate termination and potential legal action.

23. Third-Party Products and Services

23.1 Integration with Third-Party Services

  • Our Services may integrate with or include third-party products and services. Your use of such products or services is subject to the terms and conditions provided by the respective third parties.
  • Power HQ does not control or endorse the practices of third parties, and we are not responsible for any issues arising from their use.

23.2 No Warranty on Third-Party Products

  • Any warranties or representations regarding third-party products or services are solely those of the respective third-party providers. Power HQ disclaims any responsibility for the performance or reliability of such products.

24. Dispute Resolution and Arbitration Agreement

24.1 Informal Resolution

  • In the event of any dispute arising from these Terms or your use of the Services, both parties agree to first attempt to resolve the dispute informally through direct communication.

24.2 Binding Arbitration

  • If a dispute cannot be resolved through informal negotiation, you and Power HQ agree to submit the dispute to binding arbitration in accordance with the rules of [Insert Arbitration Institution]. The arbitration shall be conducted in [Insert Location] and the decision rendered by the arbitrator(s) shall be final and binding.

24.3 Waiver of Jury Trial

  • You agree to waive your right to a trial by jury or to participate in a class action lawsuit, and any such claims must be pursued on an individual basis.

25. Miscellaneous Provisions

25.1 No Waiver

  • Failure by Power HQ to enforce any provision of these Terms shall not be construed as a waiver of such provision or of any other provision.

25.2 Assignment

  • You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Power HQ reserves the right to assign, transfer, or delegate these Terms, in whole or in part, without notice to you.

25.3 Headings

  • The headings used in these Terms are for convenience only and shall not affect the interpretation of any provision.

25.4 Survival

  • Any provisions that by their nature should survive termination of these Terms (including, without limitation, provisions regarding intellectual property, indemnification, limitations of liability, and governing law) shall remain in full force and effect after termination.

26. Updates and Revisions

26.1 Periodic Review

  • These Terms are subject to periodic review and update. We recommend that you review these Terms regularly to stay informed of any changes.
  • Continued use of our Services after modifications are posted constitutes your acceptance of the updated Terms.

26.2 Historical Versions

  • Previous versions of these Terms may be made available upon request, but only the most current version governs your use of our Services.

27. Contact Information

27.1 General Inquiries
If you have any questions, concerns, or feedback regarding these Terms or the Services, please contact us at:

Power HQ Limited
3 Joseph Odunlami St, Off Ogba,
Thomas Salako St, Lagos
Tel: +2348130268295
Email: info@powerhq.com.ng
Web: powerhq.com.ng

27.2 Legal Notices
Any legal notices or correspondence regarding these Terms should be addressed to our legal department using the contact details above.

28. Acknowledgment

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any future modifications. If you do not agree to these Terms, please discontinue use of our Services immediately.