Welcome to Esolink!
This website “www.esolink.com” (Hereinafter collectively referred to as the “Service” and in some cases “Platform”), is the web link of Edikan Stephen Okposin, doing business under the name and style “Esolink” (Hereinafter referred to as “ESOLINK” “Us” “We” “Its” and in some cases “Company”). This service affords any natural or legal person (Herein after referred to as “User(s)” “You” and in some cases “Your”) the opportunity to access various home and general contract services listed on the platform by connecting you with accredited Artisans/Artists/Contractors/Professionals/Technicians, etc. (Service Providers), who upon your request, are ready to take up tasks, projects, requests or needs and provide solutions. You may use Giggle mobile application to pay for the services offered by our Providers. The Giggle payment option is subject to the Terms and Conditions set out herein (“Terms”).
Your use of the Platform indicates your acceptance without modification of these terms, which will constitute a legal agreement between you and Esolink. If you do not want to be bound by these terms, please do not use or subscribe to the Platform. By using any part of the Service on this platform, you accept these Terms. If you are under eighteen (18) years of age, please do not use or subscribe to the Platform.
The Service may contain e-mail systems, blogs, message boards, applications, chat areas, forums for reviews and/or other message or communication facilities that allow you to request for services and communicate with other Users. While using this Service, you shall not:
- Upload, post, publish, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
- Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Advertise or offer to sell any goods or services for any commercial purpose through the Service except for approved Market Place Advertisements.
- Impersonate Esolink or any of its employee, agent, administrator(s), user or any other person, or allow any other person or entity to use your identification to post or view comments.
- Defame, insult, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including the Administrators, Staff and Agents of Esolink or her privacy and publicity policy.
- Use the Service for any purpose in violation of local, state, national, or international law.
- Upload files that contain software or other material that violates the intellectual property rights or privacy or publicity rights of any third party.
- Upload files that contain viruses, corrupted files, or any other similar software that may damage the operation of the service or another’s device used in accessing the service.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Spamming in any guise or form is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Service.
- Restrict or inhibit any other User from using and enjoying the service.
- State or imply that any statements you make are endorsed by Esolink or any of its employee or agent, without her prior written consent.
- Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Service in any manner.
- Hack or interfere with the Service, its servers or any connected networks.
- Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Esolink.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
- Use the Service to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Service as set forth herein.
- Use the Service to collect usernames and or/email addresses of Users by electronic or other means.
- Register under different usernames or identities, after your account has been suspended or terminated.
You understand that all submissions made to Comment and Market Place Areas will be public and that you will be publicly identified by your name, brand or login identification when communicating in those Areas. Esolink will not be responsible for the action of any User with respect to any information or materials posted therein.
- USER ACCOUNT, PASSWORD AND SECURITY
Unregistered users may have limited access to the service. To have full access to service and other integrated features, you must register with Esolink and create an account to use the Service. You are the sole authorized user of your account and thus responsible for maintaining the confidentiality of any password and account number provided by you for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. Esolink has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, kindly contact Esolink immediately through the phone contacts provided 08039295318.
- USE OF MOBILE PHONE
By providing your mobile phone number and using the Service, you hereby consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the Service. Esolink will not attach any charges for calls or texts, but in any event that you call any of our service lines for any reason whatsoever, standard charges for calls and messages may apply.
- BREACH OF TERMS AND CONDITIONS, TERMINATION AND SANCTIONS
Esolink may terminate or suspend your right to use the Service at any time for any or no reason and such termination or suspension will be effective immediately upon delivery of such message to the e-mail provided by you. Your right to use the Service may be terminated if you breach any term of this Agreement or any policy of Esolink posted through the Service from time to time. If Esolink otherwise finds that you have engaged in illegal, inappropriate and/or offensive behaviour.
If your right to use the Service is terminated for any of these reasons, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Where your account is terminated or suspended, Esolink reserves the right to take appropriate legal action including without limitation, to pursuing civil, criminal actions, obtaining injunctive redress, forfeiture of expected funds or services which you have made payment for, account termination, limiting the access to your Account, removing your User Content, quotes or postings, investigating you, or cooperating with relevant law enforcement agencies such as EFCC to investigate you. This Agreement will remain enforceable against you even after your right to use the Service is terminated or suspended.
Any User may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force notwithstanding the expiration or termination of this Agreement.
- BOOKINGS, SERVICES REQUEST, SCHEDULE AND RELATIONS WITH SERVICE PROVIDERS
Every service or contract request shall be forwarded to the appropriate Service Provider. The Service Provider shall be provided on availability basis and the same shall be communicated to you through the Esolink’s internal communication mechanism and procedure. If it is certain that the Service Provider is available, your communication details may be shared with the Service Provider for you to give details of your request without interface by Esolink depending on the nature of the contract or service requested.
Where the Service Provider accepts the booking request made by you, Esolink shall endeavor reasonable efforts to bring you in contact with the Service Provider in order to render the required service(s) subject to availability of the Service Provider in or around your location at the time of your booking or request. Service time quoted at the time of ordering is approximate only and may vary. Services will be delivered to the address provided by you while ordering. While Esolink shall take reasonable care to deliver in a timely manner, no responsibility is taken for late service delivery.
In case of a late service, no charges will either be voided or refunded by Esolink. All risk in the service shall pass to you upon availing the service however, Esolink shall take ample precaution to avoid any such risks. If you fail to accept the service at the time they are ready or the service provider is unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then the service shall be deemed to have been delivered to you and all risk and responsibility in relation to such orders shall pass to you. Any costs which Esolink incurs as a result your inability or refusal to accept the service, shall be your responsibility and you agree to indemnify Esolink in full for such cost.
You further agree that you will treat the Service provider introduced to you through Esolink with respect and not to insult, annoy or cause damage to them or engage in any unlawful, threatening, and unacceptable behaviour.
You understand and accept that it might not be possible for Esolink or the service providers to offer services to some locations. In such cases, Esolink shall inform you accordingly and arrange for cancellation of the order or find any alternative measure to discharge the service.
- INFORMATION AND REPRESENTATIONS
Under this subhead, “Information” is defined as any representation, information and materials you provide to Esolink or other Users in course of your registration for and use of the Service. This includes without limitation, to information posted or transmitted for use in Public Areas. You are solely responsible for Your Information and representations. Esolink only provides the channel for your online distribution and publication of your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User Representation”.
You hereby represent and warrant to Esolink that the Information and representations made on the platform:
- will not violate any law, statute, ordinance, or regulation (including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising);
- will not be defamatory, libellous, unlawfully threatening, or unlawfully harassing;
- Is not false, inaccurate, incomplete or misleading;
- will not create liability for Esolink or cause it to lose (in whole or in part) the services of its ISPs or any of its affiliates.
- will not be fraudulent or involve the sale of counterfeit or stolen items;
- will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;
- will not be obscene or pornography of any form or be harmful to minors;
- will not contain any viruses, Trojan Horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The Service hosts User Representations relating to reviews of specific Providers, market placements, advertisements, etc. Such reviews are opinions and not the opinion of Esolink and have not been verified or approved by Esolink and as such, Esolink will not be held liable for any Representation projecting any Provider as the right person for a Task. While Esolink will do its best to ensure that best services are provided to meet your specific request and needs, it will not be held liable otherwise than as expressly stated herein.
- INTELLECTUAL PROPERTY RIGHTS
You hereby grant Esolink a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to exercise all copyright, publicity rights, and any other rights you exhibit in your Information, in any media now known or not currently known in order to perform and improve upon the Service. Every User and Provider who obliges Esolink any videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects, in exchange for the right to use the Service, hereby irrevocably grants to the Esolink the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to use any videotape, film, record or photograph that he or she provides to Esolink.
- LINKS TO OTHER WEBSITES
Links from the Service to other web sites do not constitute an endorsement or approval by Esolink of those sites or their content. They are only provided as an information service for reference and convenience only. Esolink does not control any such sites and is not responsible for their content. The existence of such links on the Service (including without limitation to external websites that may be framed by the Esolink Service as well as any advertisements displayed in connection therewith) does not mean that Esolink endorses any of the material on such websites or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
- DISCLAIMER AND WARRANTIES
You accept full responsibility for using the service without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Esolink makes no warranties or representations about the accuracy or completeness of the contents, contract and services provided through the service or the content of any sites linked to the service and assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content, personal injury or property damage of any nature whatsoever, resulting from your access to and use of the service,
Esolink does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the service or any hyperlinked website or featured in any manner or other advertising. It will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You should use your best judgment and exercise caution where appropriate.
Without limitation to the foregoing, neither Esolink nor its affiliates or licensors warrant that access to the service will be uninterrupted or that the service will be error-free. There is no warranty as to the results that may be obtained from the use of the service, or as to the timeliness, accuracy, reliability, completeness or content of any task or service, information or materials provided through or in connection with the use of the service.
You acknowledge and agree that Esolink is only willing to link you with service providers upon your agreement to certain limitations of our liability to you and third parties. You agree not to hold Esolink, its affiliates, partners in promotions, agents, employees, officers and partners, liable for any damage, suits, claims, and/or controversies (“liabilities”) that have arisen or may arise, whether known or unknown, relating to your or any other party’s use of or inability to use the service.
Esolink does not accept any liability with respect to the quality or fitness of any work performed via the service, it will only do its best to ensure quality and timely delivery of services and contracts. Esolink all its associates involved in developing, maintaining and projecting the Platform will not be held responsible by any means for:
- Disruption in the fluidity of service provision;
- An increment in the cost of services or products that may be provided on the Platform;
- Personal or emotional distress that may arise in connection with these Terms;
- Inability of a member, users or third party to make use of or access the Platform or its integral features
- The loss of data or any other incidental or special damages;
- The consequence of your interaction, by any means, with other members, users and third parties on or through the use of the Platform; and or
- Exchange of services on or through the Platform.
- Dispute Resolution
You agree with Esolink to first attempt to negotiate any Dispute before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice to Esolink addressed and served on its registered address at No. 37 New Birth Avenue, Osongama Estate Uyo Local Government Area of Akwa Ibom State, Nigeria. Where the dispute is to be settled by negotiation, each party shall appoint his/her Negotiator who shall be a Legal Practitioner and shall allow him to use his best judgment to peacefully resolve issues. Where parties cannot resolve the dispute by negotiation, the matter shall be referred to a mediator jointly appointed by the parties or appointed by either of the parties by:
- The Akwa Ibom State Multi-Door Court House, or;
- Akwa Ibom State Center for Alternative Dispute Resolution.
- GOVERNING LAWS
Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the Federal Republic of Nigeria.
- NO AGENCY AND RELATED RELATIONSHIP IS INTENDED
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
You understand that failure by Esolink to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Esolink with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect.
- REVIEW, ALTERATION OR MODIFICATION OF THIS AGREEMENT