Terms of Use – iClocker

Last Modified: July 13, 2018

Please read these Terms of Use carefully before using iClocker (service). By accessing, browsing and/or using this service, you acknowledge that you have read, understood, and agree to be bound by the terms of use described herein, and all terms, guidelines, and conditions incorporated, including any future modifications to these Terms of Use. This service also has Privacy Policy and Cookies Policy. Where you do not agree with the Terms of Use, the Privacy Policy, or Cookies Policy, please do not use this service. In that event, “you,” “your,” or “user” will refer and apply to you using this service.

(Users who are under 18 years of age should review these Terms of Use with a parent or guardian before accessing this service.)

iClocker is a software clock-in and attendance platform for contemporary businesses to know user’s location at any time. The Platform is both an app and web-based software-as-a-service. If a discrepancy or suspected error is found in a report or an export, kindly notify us. We provide a Time Clock-in Report that serves as a complete audit trail that logs the IP address or GPS location of each User and actions taken.  If you need any assistance in retrieving these reports, please contact us.

 

Your Account

Here at iClocker, we require you to provide certain information about yourself in order for you to create an account so as to use to the service. You will be requested to fill the online form with your personal details to create an account, please ensure that the information you provide is accurate and complete. Where your information is inaccurate or incomplete this may hinder you from accessing or utilizing this service. You may at anytime close your Account for any reason.

 

Payment

Payment for our service is through the use of debit cards and bank accounts. In your payment profile, we require you to setup your card or account that will be debited for this service. All debit card holders are subject to validation checks and authorization by the card issuer and our payment partner. Any card you use must have a valid billing address and a valid card issuing bank.  If the issuer of your card refuses to authorize payment we will not accept your request and we will not be responsible for any delay or non-provision of the service and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of us processing your debit card in accordance with your request. We are working with a partner payment company that is PCI DSS (Payment Card Industry Data Security Standard) certified. Be assured that your card details are protected. You reserve the right to disable a card or account from being debited where you choose not to be debited again from that account. We do not take any additional authentication or identity verification measures other than what we provide you on our website that is sufficient and appropriate to protect your security for the proper use of the service. We may debit your card or bank account at the point of creating an account or when you change your card or bank account details already registered with us, for verification purposes.

 

Subscription Plans

We have provided different subscription plans that enable you to enjoy this Service. For you to access or make use of this service you must have paid for a subscription plan. You agree to pay your subscription fees at the expiration of the current plan; the fees paid depend on the different subscription plans we have provided. You may change your subscription plan when there is a need to do so. The change of your current subscription plan to another subscription plan may incur additional payment.

You agree that the subscription fee is not refundable. You also agree that we have the right to review these fees at any point in time. For more information on our payment plans, please visit our homepage to see the different subscription plans.

 

Ownership of contents

By ‘Content’ we refer to all information about you and your agents that you upload to use this service. You are solely responsible for your content as it relates to fitness for a particular purpose, accuracy, completeness and other purposes you rely on it for. You are also solely responsible for any disclosure of your content that makes you, your agent or any third party personally liable. You agree that any content you upload shall not be tortuous, defamatory or misleading.  We do not control your content. However, we may suspend or terminate your use of our service where we notice that you are likely to create problems for us or your use of the service breaches any applicable law.

 

Support services

Our support unit is authorized to troubleshoot and provide support for the cloud-based system and related equipment. Customer service and technical support are available during regular business hours (Monday – Friday 8:00am-9: 00 pm WAT) by email at iclocker@seamfix.com.  However, you will be fully responsible for adding or making any changes to information or settings within your account. For security and liability purposes, we do not have access to any User’s account, we shall only give guidance on how to use and edit your account.

 

Security

You are solely responsible for maintaining the confidentiality as it relates to information of your account and all activities that are conducted under your account. We advise that any device used to access this service should be kept secured to prevent unauthorized persons from having access to your card or account details, profile details, Password and other information. You shall take all reasonable steps to protect the security of the personal electronic device through which you access our service and you agree not to share this device with other people. We are not liable for any loss you suffer from your inability to prevent unauthorized persons from gaining access to your device, password, card or account details and other information. You agree to immediately notify us in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security

 

Your obligations

You are solely responsible for ensuring the time entries and reports are complete and correct. Your conduct of any systematic or automated data collection activities (including without limitation data scraping, data mining) on or in relation to this website is at your own risk.

 

Restricted Use

The Platform is licensed to you; this means that the Platform is under no circumstances sold/transferred to you. You shall not

  • license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform
  • interfere with another user’s use and enjoyment of the Platform
  • use this service in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
  • use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  • modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform
  • collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers)
  • remove or destroy any copyright notices or other proprietary markings found on the Platform.
  • use this website for any purposes related to marketing without our written consent.
  • access the Platform in order to build a similar or competitive service

 

License to use website

Unless otherwise stated, Seamfix Nigeria Limited and/or its licensors own the intellectual property rights in the service and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or downloadable forms and legal content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

 

Agency

You agree that you enter into this agreement for your own benefit and not for the benefit of another person. You agree to be held liable for your agent or any third party actions in your connection to your use of this service.

 

No warranty

Although we have taken all reasonable measures to ensure the accuracy of this website, we give no warranty of any kind, be it express or implied with regard to the accuracy, timeliness or completion of any process. At times, it may be necessary for this service to go offline for routine maintenance.

 

Indemnity

You agree to indemnify us where there is a third party claim against us that the third party  suffered loss, liability, and expenses (including legal fees) arising out of or in connection with your use of this service

 

Intellectual Property

All trademarks, copyright, database rights and other intellectual property rights of any nature in this application are owned by Seamfix Nigeria Limited. The reproduction or any other use of any information contained in this Website and service (except as provided herein) without our prior written permission is strictly prohibited.

 

Governing law

The Laws of Nigeria and the United Kingdom shall govern these terms and conditions.

 

Dispute resolution

The Parties shall Endeavour to settle amicably any dispute arising from this Agreement and any dispute which cannot be resolved amicably shall be referred to Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria 2004

 

Termination

You agree that we may, in our sole discretion and without prior notice, terminate your access to the service, for cause, which includes (but is not limited to) requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), or discontinuance or material modification of the service, your violation of the Terms and condition, or unexpected technical issues or problems.

 

Others

In the event, any of the terms and conditions shall be rendered/held to be unenforceable due to any regulatory changes, the remaining terms and conditions shall be unimpaired, and the unenforceable term or condition shall be replaced by such enforceable term or condition as may come closest to the intention underlying the unenforceable term or condition.

These terms and condition do not create an employment, agency, partnership, or joint venture relationship between you and us. Where we do not take up an action against you does not mean that it is a waiver of that provision breached by you. If in any circumstance, we do not apply or enforce any provision of these terms and condition, it is not a waiver of that provision.

 

The headings in this document are for convenience only and are not intended to have any legal effect nor purport to be complete or accurate descriptions of the content thereof and shall not be used to interpret the provisions of this document

Where these terms are translated from the English language to other languages and there is controversy, the English version shall take precedence.

 

Disclaimer

THIS SERVICE IS PROVIDED ‘AS IS’ AND AS AVAILABLE. ICLOCKER DOES NOT WARRANT OR GUARANTEE THAT YOUR USE OF THIS SERVICE SHALL BE UNINTERRUPTED OR ERROR-FREE OR MAY BE USED FOR A PARTICULAR PURPOSE. NEITHER DO WE WARRANT OR GUARANTEE THAT THIS SITE SHALL BE VIRUS-FREE. WE RESERVE THE RIGHT TO REMOVE OR CHANGE ANY OF THE SERVICES PROVIDED UNDER THIS APPLICATION AND SO YOU AGREE THAT WE SHALL NOT BE HELD LIABLE WHERE WE DO NOT GIVE NOTICE OF SUCH AMENDMENT. YOU ALSO AGREE THAT WE MAY RESTRICT OR IMPAIR YOUR USE OF THIS SERVICE. YOUR USE OR INABILITY TO USE THIS SERVICE IS AT YOUR OWN RISK.

 

Money Laundering Disclaimer

We will not be liable for any claim or liability resulting from the breach of the Money Laundering (Prohibition) Act 2011 (As Amended). Where any user uses this solution for a transaction which is an offense that falls within the provision of the Act or any law for the purpose of preventing money laundering, such user becomes liable to the appropriate authority.

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