1. Definitions:
- “Dispute” shall mean any controversy, claim, or disagreement arising from or relating to this agreement or the breach thereof, or the services provided under the SkillConnect app.
- “User” shall refer to any individual or entity that uses the SkillConnect app to offer or procure services.
- “Company” shall refer to SkillConnect and its affiliates.
2. Notice of Dispute:
- Any User who believes they have a Dispute must notify the Company in writing within thirty (30) days of the event giving rise to the Dispute, providing a description of the issue and the proposed resolution.
3. Negotiation:
- Upon such notification, the parties shall attempt to resolve the Dispute informally through direct discussions, which shall commence within fourteen (14) days of the notice.
4. Mediation:
- If the Dispute is not resolved through negotiation within thirty (30) days of the commencement of discussions, the parties agree to attempt to resolve the Dispute through mediation by a neutral mediator agreed upon by both parties. Each party shall bear its own costs of mediation, and the mediator’s fees shall be shared equally between the parties.
5. Binding Arbitration:
- Should the Dispute not be resolved through mediation, the parties agree to submit the Dispute to binding arbitration under the Arbitration and Conciliation Act of Nigeria. The arbitration shall be:
- Conducted by one arbitrator mutually agreed upon by the parties or appointed in accordance with the said Act.
- Held in Nigeria, in the English language.
- Subject to the substantive law of Nigeria.
- Final and binding, with no right of appeal except as permitted by Nigerian law.
- Confidential, and neither party may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, except as may be required by law or for purposes of enforcement or appeal of the arbitration award.
6. Legal Proceedings and Injunctive Relief:
- Notwithstanding the foregoing, the Company retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights, or confidential information.
7. Limitation of Liability:
- The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
8. Indemnification:
- Users agree to indemnify and hold the Company harmless from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from their use of the SkillConnect app and any Dispute they have with other Users.
9. Legal Fees:
- In any arbitration, mediation, or court proceeding to resolve a Dispute, each party shall bear its own attorneys’ fees and expenses, unless otherwise determined by the arbitrator or court.
10. Jurisdiction:
- This agreement and the rights of the parties hereunder shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria, exclusive of conflict or choice of law rules.
11. Amendment:
- The Company reserves the right to modify this Dispute Resolution Agreement at any time. Users will be notified of any changes and must agree to the modified terms in order to continue using the app.
12. Acknowledgement:
- By using the SkillConnect app, Users acknowledge that they have read, understood, and agree to be bound by this Dispute Resolution Agreement.
13. Period for Raising Disputes:
- Users must bring any Dispute within one (1) year after the Dispute arises, otherwise, the Dispute is permanently barred.