TERMS OF USE
These Terms of Use (the "Terms") represent a legally binding contract between you and SESA Digital Company Limited ("SESA", "we" or "us"). By accessing or using content; services and materials on Sesa's website located at https://trysesa.com (the "Website"), any of the services provided therein (collectively, the "Services") and the materials may include logos, text graphics, videos, images, photos, software and other content (collectively, the "Materials"), you agree that you have read, understood, accept and agree to be bound by these Terms. If you do not agree with any of these Terms, do not access or otherwise make use of Sesa’s services.
ABOUT US
SESA (“SESA”, “We”, “Us”, or “Our”) is a robust estate management system that manages all the user types and activities within an estate or gated community. SESA caters for all the user types that exist within an estate or community ecosystem and all the interactions between the user types.
SESA may vary its services from time to time at its absolute discretion, and the users shall be notified of any such variations where necessary. Any changes will be posted on the Website(s) This “Terms of Use” is an Agreement between you and SESA. It details SESA’s obligations to you. It also highlights the risks of using our Services, and you must consider such risks carefully as the provisions of this Agreement will bind you through your use of this Website or any of our Services.
PRIVACY NOTICE
SESA is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Notice to understand how we use your information and the steps we take to protect your information.
REGISTRATION
To use our Platform, you have to create an account by registering. To register, you will provide us with certain information that personally identifies you, such as your email, first name, last name, phone number. We may seek to verify your information (by ourselves or through third parties) after which we will approve your account unless deemed risky to our business. You permit us to do all these. You have the right to refuse to authorize the use and/or disclosure of your Personal Information. However, if you choose to exercise this right, you may not be able to utilize some features of the Services we provide.
Some aspects of the Services or the Services in their entirety may not be available in all locations, and we may block access to some or all of the Services from certain locations based on your device’s geolocation information. We may add to or remove the areas in which the Services are or are not available, are partially or fully available, at any time, without notice to you.
Where necessary, Users must seek professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. In particular, please note that we are an estate management software business.
AGE RESTRICTION
Our Website and Services are not directed to persons under 18. We do not knowingly transact or provide any services to persons under 18.
You are independently responsible for complying with all applicable laws related to your use of our Website and Services.
CHANGE OF INFORMATION
In the event that you change any information provided to us at registration, including your address, you agree to notify us within 30 days of such change. We may be unable to respond to you if you contact us from an address, telephone number, or email account that is not registered with us.
REPRESENTATIONS AND WARRANTIES
You represent and warrant to SESA that:
- You have full power and authority to enter into, execute, deliver and perform this Agreement;
- You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations;
- Any information you provide to us, both when you register and in the future, is and will be true, accurate, current, and complete;
- You will keep all information up-to-date; and
- You accept and agree to these Terms.
ACCOUNT SECURITY
You agree to not allow anyone else to access or use your password details and comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, SESA will not be liable to you for losses or damages. You will also take all reasonable steps to protect the security of the personal electronic device through which you access SESA Services (including, without limitation, using PIN and/or password-protected personally configured device functionality to access SESA services and not sharing your device with other people). You are responsible for securely managing your password(s) for the Services and to contact SESA if you become aware of any unauthorized access to your Account.
LINKS TO OR CONNECTIONS WITH THIRD PARTY SITES OR APPLICATIONS
Our Services or communications to you may contain third-party content or links to third-party sites, applications, or services (collectively, “Third party content’). Our Services may also include features that allow you to connect your Account with accounts or services provided by third parties. Any links or advertisements on this Website should not be taken as an endorsement by us of any kind.
RESPONSIBILITIES
By agreeing to these terms of use, you agree to the following responsibilities:
- The usual and customary charges for any services rendered by SESA.
- You are responsible for all use of the site and for all use of your credentials, including use by others to whom you have given your credentials.
- You agree that you shall not copy, modify, adapt, translate, or reverse engineer any portion of the site, its content or materials, and/or the services.
- You agree that you shall not create user accounts by automated means or under false or fraudulent pretenses.
- It is within your responsibility to refrain from collecting or storing personal data about other users in connection with the prohibited activities contained within this agreement.
- You shall not use any means, including software means, to conduct web scraping of any portion of the site, its content or materials, and/or the services.
- You shall not access, retrieve, or index any portion of the site and/or the services to construct or populate a searchable database of reviews related to the services provided.
UNACCEPTABLE USE
You shall not permit any person using your Device or Account to:
- Use this Platform in a way that causes or could cause damage or restrict the availability or accessibility of the Platform;
- Store, copy, transmit, publish or distribute any computer virus, spyware, Trojan horse, worm, keystroke logger or other malicious software via this Platform;
- Conduct any fraudulent or illegal activities via the Platform;
- Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by SESA or by applicable statutory law), modify or alter any part of the Services;
- Encourage any third party to (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent, or other invalid means; (ii) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (iii) engage in any action or practice that reflects poorly on SESA or otherwise disparages or devalues SESA's reputation or goodwill;
- Make representations (with respect to SESA), which are not approved in advance and in writing by SESA. You shall obtain SESA's prior written approval to the content of any marketing message, and with respect to any use of SESA's trade name and/or trademarks and/or designs in connection with the Services and Materials;
- Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
- Attempt to use the Services on or through any other platform or third-party service provider that SESA does not authorize. Any such use is at your own risk and may subject you to additional or different terms. SESA takes no responsibility for your use of the Services through any platform or third-party service provider that is not authorized by it;
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services;
- Interfere with the ability of others to enjoy using the Services, including disruption, overburden or aid the disruption or overburdening of the Services’ servers, or take actions that interfere with or materially increase the cost to provide the Services for the enjoyment of all its users;
- You hereby understand and agree that if fraudulent activity is associated with the operation of your account, we have the right to apply restrictions to your Account and report it to the appropriate law enforcement agencies.
This list of prohibitions provides examples and is not exhaustive or exclusive. SESA reserves the right to terminate your ability to use the Services with or without cause and with or without notice, for any reason or no reason, or for any action that SESA determines is inappropriate or disruptive to the services or to any other user of the services.
You agree to indemnify and hold SESA and its officers, directors, employees, consultants, affiliates, agents, licensors, and business partners (collectively, the "Indemnified Entities") harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) you, SESA or any other Indemnified Entity suffers in relation to the use of our services.
VIRUSES
We do not guarantee that the Websites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programme, phone, devices and platform in order to access the Websites and mobile app. You should use your own virus protection software. You must not misuse the Websites/mobile app by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Websites, the server on which the Websites are stored or any server, computer or database connected to the Websites.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
INTELLECTUAL PROPERTY
Our Content:
All content and materials, including but not limited to images, text, visual interfaces, information, data, and computer code, provided by us through our Services (our "Content") and all related intellectual property rights are the property of SESA and/or its third-party licensors. Our content is protected by Nigerian and international intellectual property laws and treaties. You are permitted to use our content only on our Services. You may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to use our content except as expressly stated in the Agreement.
DISCLAIMER
Services Disclaimer
The content of the Services (as described above) you obtain or receive from SESA is for your use.
Disclaimer of Warranties
We try to keep SESA available at all times, bug-free and safe, however, you use it at your own risk.
Our Website and Services are provided “as is” without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, SESA makes no warranty that our Website and Services will meet your requirements or that our website will be uninterrupted, timely, secure, or error-free.
LIMITATION OF LIABILITY
You agree to the limited liability clause to the maximum extent permitted by applicable law: SESA will in no way be liable for any direct, indirect, incidental, punitive, consequential, special, or exemplary damages or damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet SESA’s systems requirements.
SESA shall also not be liable for any damages including damages resulting from revenue loss, profit loss, use, data, goodwill, business interruption,fraudulent or illicit acts perpetuated by usersor any other intangible losses (whether SESA has been advised of the possibility of such damages or not) arising out of SESA’s website or services (including, without limitation to inability to use, or arising from the result of the use of SESA’s website or services) whether such damages are based on warranty, tort, contract, statute or any other legal theory.
INDEMNITY
You agree to defend, indemnify, and hold SESA, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
PAYMENT TERMS AND PROCESSING FEES
Payments through credit cards and debit cards are collected online by third-party. The User is asked to enter the card number, the expiry date of the card, and its security number. No data is saved. The money is deducted once the user clicks on ‘Pay Amount’. The transactions are 100% secure. The payments processed are for the services subscribed to by the users on the website.
APPLICABLE LAW
These Terms of Use shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria.
DISPUTE RESOLUTION
All disputes arising from this Agreement shall be governed by and construed in accordance with Nigerian law. Any dispute arising out of or relating to this Agreement, including any question regarding its existence, validity, contractual obligation, or termination by the Parties, shall be settled through amicable discussions between the Parties. If any such dispute is not settled between the Parties within fourteen (14) business days, the Parties agree to submit such dispute to Mediation at the Lagos State Multi-Door Courthouse (LMDC) for resolution under the provisions of Lagos State Multi-Door Courthouse (LMDC) Law 2007.]
In the event that such dispute is not resolved amicably within 1 (one) month, such dispute shall be resolved by the applicable court of competent jurisdiction. Parties agree that the defaulting party would be liable for litigation costs accruing to the contractual disputes.
TERMINATION
You may terminate this Agreement by closing your Account.
We may suspend your Account and your access to our Services or terminate this Agreement, if:
- You do not comply with any of the provisions of this agreement;
- We are required to do so by a law;
- We are directed by a financial institution; or
- Where a suspicious or fraudulent transaction occurs.
If you violate these Terms or any of our user T&Cs on the website; SESA reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend your use of the Services. We may also prohibit your use of the website by blocking computers using your IP address from accessing the website or contacting your Internet service provider to request that they block your access to the website and/or bringing court proceedings against you where there has been a violation of these Terms of Use. You agree that SESA does not need to provide you notice before terminating or suspending your use of the Services, but it may provide such notice at its sole discretion.
You agree that you will comply fully with these terms, and all applicable domestic and international laws, regulations, statutes, and guidelines that govern your use of the Services. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of individuals.
SEVERABILITY
Where any portion of this Terms of Use is deemed invalid or unenforceable either in whole or in part by any court or tribunal, such part shall be severed from the Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.
UPDATES, MODIFICATIONS, AND AMENDMENTS
As our technology evolves, we may need to update, modify, or amend our Terms of Use, tools, utilities, or general updates. We reserve the right to make changes to this Terms of Use at any time without notice to you.
We advise that you check this page often, referring to the date of the last modification on the page to ensure you are familiar with the current version of the Terms of Use. If a User objects to any of the changes to the Terms of Use, the User must cease using our Website and/or Services immediately.
COMPLAINTS
If you have any complaints or reservations about us or any of the Services we provide, you may contact us via:support@trysesa.com
Last updated on August 10, 2024