Term of Use

Last updated: May 09, 2022

TERMS OF USE & PRIVACY

By proceeding to use the resources on this website, you represent that you have read and are adequately advised on the terms and conditions herein contained. The User agrees to be bound by the terms of this Agreement and continued access to the BALL website shall constitute acceptance of and agreement to be bound by these terms.

These Terms of Use ("Terms") govern your use of the BALLERS website and services ("Services"). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully and contact us if you have any questions.

By using this Website and agreeing to these Terms, you represent and warrant that you have the legal capacity to accept these Terms.

1. Definitions
  1. Parties shall mean both you (the user) and the Owner of this Service (BALLERS.ng).

  2. Content means any content, writing, images, audiovisual content or other information published on this website.

  3. Materials means any materials, information or documentation that we may provide to You in connection with Your use of this website including documentation, data, information developed for any use and other materials which may assist in Your use of the Service.

  4. Terms means these terms and conditions.

  5. Service means the website including all pages, sub-pages, all blogs, forums and other connected internet content whatsoever.

  6. Products means the packages, services and products both tangible and intangible offered on the website.

2. About the Website

The BALL Website, is created for the convenience of buyers, investors and potential users interested in immovable property, and includes content in the form of advertisements from private sellers, subscribing estate agents, letting agents, developers as well as related parties, to display properties up for sale. BALLERS team make no claims on the ownership of these properties.

3. Acceptable Use
  1. We may provide you with other items in connection with your use of Service.
  2. We hereby grant you the license to use our Service for Your personal, non-commercial use to retrieve, display and view the Content on a computer screen or mobile device.
  3. The license created under these Terms is limited, non-exclusive, non-transferable and revocable.
  4. You agree that you will not use the Contents or Materials for other purpose which may be contrary to your license to use this Service.
  5. Any unauthorized use by you shall terminate the permission or license granted by this Website.
4. Prohibited Use

You agree not to use the Service in the following manner:

  1. To harass, abuse or threaten others or otherwise violate any person’s legal right;
  2. To perpetrate fraud;
  3. To create or transmit unnecessary spam to any person or URL;
  4. To post, transmit or cause to be posted or transmitted, any communication or solicitation designed to obtain password, amount or private information of other users or persons.
  5. To post copyrighted content which does not belong to you and without obtaining prior consent of the author;
  6. To use robot, spider, scraper or other automated means to access this Service without obtaining the prior consent of the Owner;
  7. To engage in or create any unlawful gambling, sweepstakes, or scheme;
  8. To engage in advertisement or solicit any User to buy or sell products or services without obtaining the prior consent of the Owner;
  9. Publishing or distributing any obscene or defamatory material;
  10. Disseminating computer viruses or other software;
  11. Using this Service in any way that impacts user access to the Website;
  12. Violating any intellectual property rights belonging to BALLERS or any third party;

Additionally, you agree that You will not do as follows:

  1. Interfere or attempt to interfere with the proper working of this Website; or
  2. Bypass any measures we may use to prevent or restrict access to this Website;
  3. Interfere with or circumvent the security features of this Service;
  4. Damage, disable, overburden or impair this Service or any other person’s use of this Service;
  5. To use this Service contrary to the applicable laws and regulations or in a way that causes, or may cause harm to this Website, its owner, users or any person or business entity.
  6. Bypass the systems and structure set up for transactions with other users on this website to establish external communication without due authorisation by the Ballers team.
5. CONTENT

All the content on this web site, including any and all graphics, text, icons, hyperlinks, private information, designs, trademarks, software, databases and agreements, is the intellectual property of BALLERS.ng and is protected by local and international law dealing with copyright and intellectual property rights.

BALLERS Team retains the authority to review all content posted by the Users on this Website and we reserve the right to terminate your use of the Service for violating any of the prohibited uses. You acknowledge that the Website does not control the content or any information that may be posted by the Users. Consequently, we are not responsible or liable for those content or information.

6. PRIVACY

To use our Services, we require that you provide certain personal information. By using our Services, you hereby grant us the authority to use your personal information.

we treat your personal information as private and confidential. We are dedicated to protecting your privacy and providing you with the highest level of security at any point of interaction with us. This Privacy Policy describes what personal information we collect, what we do with it and how we protect it.

We advise you to read this Privacy Policy carefully to understand the choices you have about how your personal information is used and how we protect that information.

If you do not want us to collect, use or disclose information about you and your use of the Services as described in this Privacy Policy, then you should not use the Services. By using the Services, you must agree to the Terms of Use, which is the contract between us and users of the Services. By accepting the Terms of Use, you confirm that you have read and understand this Privacy Policy and our Cookie Policy and you acknowledge that we will store, use and otherwise process your information in the jurisdiction where we are located.

We may share information among our subsidiaries or websites that are owned or controlled by us, but information collected under this Privacy Policy is always protected under the terms of this Privacy Policy.

a. Information we collect and use:

When you use the Services, we collect information as follows:

Personal Information

While you may use some of the Services without registering, certain Services do require that you register with Us for them to function properly. If you choose to register or update an existing account with Us or access certain Services, you may be required to provide certain personal information, such as your name, address, telephone number, gender, email address and date of birth, and a username and password to access your account. You are responsible for ensuring the accuracy of the personal information that you submit to Us.

Email Newsletters

At registration and at various times as you use the Sites, you will be given the option of providing us with personal information in order to receive informational/promotional newsletters – via email from Us and/or directly from third parties. From time to time, we may offer users of third-party websites the opportunity to subscribe to our newsletters through those websites. If you elect to subscribe to one of our newsletters on a third party website, the operator of that website will provide us with the personal information you have provided in connection with the subscription request, which we may use in accordance with this Privacy Policy as though you had provided it directly to Us.

If you believe that one of your contacts has provided us with your personal information and you would like to request that it be removed from our database, please use the Contact Us link provided on the site.

Market Research

From time to time, we may conduct online research surveys on behalf of ourselves and third parties through email invitations, pop-up surveys and online focus groups. When participating in a survey, we may require you to provide your location and age. The information you submit in a survey may be used by us for research and measurement purposes, including to measure the effectiveness of content, advertising or programmes. We will not knowingly invite individuals who are under the age of 18 to participate in market research surveys.

Emails You Send to Us

This Privacy Policy does not apply to information, content, business information, ideas, concepts or inventions that you send to us by email. If you want to keep content or business information, ideas, concepts or inventions private or proprietary, do not send them in an email to us.

Services and Device Information

When you access and use the Services, we automatically collect and store in server logs information from your browser or mobile device such as your IP address or unique device identifier, browser information (including referring URL), your preferences and settings, cookies and information about the content you have viewed and actions taken (e.g., search queries, ad engagement, clicks and the associated dates and times). We may also collect device-specific information when you install and use an App including your device model, operating system information, advertising ID (which is a unique, user-resettable identification number for advertising associated with a mobile device) and App version and usage information. When enabled by you, we collect precise location information provided by your mobile device, which you may disable through the device settings.

Cookies

We and our partners use cookies to collect information about your use of the Services. “Cookies” are small data files assigned to your browser when you visit a Site which enable recognition of your browser and collect and store information about your use of the Services, as described above. In addition to cookies, we and our partners use other tracking technologies that collect information about your use of the Services, including mobile identifiers and "web beacons" which are small graphic files (sometimes called “clear GIFs” or “web pixels”) embedded in a web page or email typically used to monitor activity and send relevant information back to a home server (which can belong to the host site, a network advertiser or some other third party).

Our advertising service partners may use cookies and other tracking technologies to collect information about your use of the Sites, including content you have viewed. These third parties may use this information to help us deliver advertising on the Sites and on other third-party websites based on your browsing activity on the Sites. We may further tailor the advertising on the Sites and these other third-party websites based on additional information to the extent known by us or these third parties. We also work with third party ad networks to display advertising on our Sites and on third party websites. Our ad network vendors use technologies to collect information about your activities on the Sites and in our App to provide you cookie-based targeted advertising on our Sites and on third party websites based upon your browsing activity and your interests.

How Information Collected About You Is Used

Information about your use of the Services may be used for the following purposes:

  • To provide, improve and create new Services,
  • To respond to your inquiries and to send you administrative communications about the site and Services,
  • To obtain your feedback about Ballers’ site and Services,
  • To send you secure electronic messages and personalized emails pertaining to your interests as inferred from your use of the Services, including news, announcements, reminders and opportunities from us,
  • To statistically analyse trends and user behaviour and activity including how frequently areas of the site are visited, how the services are being used and how many emails are received and opened,
  • To provide you and people with similar demographic characteristics and interests with more relevant content including advertising both on and off the Sites and Apps,
  • To offer lead generation services,
  • To detect and defend against fraud and other threats to the Services and our users,
  • To conduct research and measurement activities, including those described below, and
  • To administer your account.

In addition, we may use personal information about you for other purposes that are disclosed to you at the time we collect the information and/or with your consent.

We may combine your personal information and other information collected about your use of the Services, and also supplement with information from external sources for the purposes described in this Privacy Policy. For example, information that we collect about you may be combined by us with other information available to us through third parties for research and measurement purposes, including measuring the effectiveness of content, advertising or programs. This information from other sources may include age, gender, demographic, geographic, personal interests, product purchase activity or other information. We may report aggregate information, which is not able to be identified back to an individual user of the Sites, to our current or prospective advertisers and other business partners.

We will not sell your personal information to third parties for their use without your consent.

Sharing Your Information

Our Subsidiaries and Corporate Affiliates

We may share your information with our subsidiaries, affiliates and companies acquired by or merged with us and our affiliates. In the event of a corporate change in control resulting from, for example, a sale to, or merger with, another entity, or in the event of a sale of assets or a bankruptcy, we reserve the right to transfer your personal information to the new party in control or the party acquiring assets. In the event of such a change, your personal information will continue to be treated in accordance with this Privacy Policy unless any changes to the Privacy Policy are made.

Third-Party Advertisers and Third-Party Websites

We may share information that we have about you, such as a cookie ID or IP address, with third party advertising service providers who may use this information, on our behalf, to help us deliver advertising on the Sites as well as on third party websites. Certain content, services and advertisements offered to you through the Sites are served on, or contain links to, websites hosted and operated by a company other than us ("Third Party Websites"). We do not share your personal information with these Third Party Websites without your consent, but you should be aware that any information you disclose to these Third Party Websites once you access these Third Party Websites is not subject to this Privacy Policy. We do not endorse and we are not responsible for the privacy practices of these Third Party Websites. You should review the privacy policy posted on the Third-Party Website to understand how that Website collects and uses your information. We make an effort to make it obvious to you when you leave a Site and enter a Third Party Website, either by requiring you to click on a link or by notifying you on the Site before you visit the third party site. In addition, if you see a phrase such as "Powered by" or "in association with" followed by the name of a company other than us, then you are on a website hosted by a company other than us. When you use a co-branded service (a service operated with a partner), or register or otherwise provide information on a co-branded site, where applicable, we may pass the collected information back to that partner, which may include third party service providers whose services are embedded into and/or appear within the Services.

Compliance with Law, Regulation, and Law Enforcement Requests

To cooperate with government and law enforcement officers.

6. Indemnification

You hereby agree to indemnify Ballers, its employees, agents and representatives from and against all liabilities, cost, demands, cause of action, damages and expenses (including reasonable attorney’s fees arising out of your use or Inability to use, your violation of any rights of a third party and your violation of applicable laws, rules or regulation.

7. No Warranties
  • You agree that you use this Website solely at your risk as we do not warrant the accuracy of the contents in this Website. You assume all the risk of viewing, reading and downloading the contents of this Website.
  • We make no warranty about the suitability, reliability, availability timeliness and accuracy of the information contents Products and other materials contained here for any purpose.
  • You agree that BALLERS and its affiliates shall not be liable for any direct, indirect, punitive and all consequential damages or any damages whatsoever including, but not limited to damages for loss of use, data or profits, the failure to provide Services or for any information, software, Products, Services, related graphics and materials obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, negligence, strict liability, or otherwise.
8. Service Interruptions.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

9. Termination/Restriction of Access
  • BALLERS reserve the right to, at its sole discretion, terminate your access to this Website and the related Service or any part thereof at any time, for any reason and without notice.
  • We retain the right to terminate or suspend/terminate your account for violating the Terms of this Service.
  • If you register with us, you may terminate this Service at any time by issuing a prior notice to us. Once this is done, you will no longer be bound by the provisions of this Terms.
Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

10. Non-Circumvention.

The Vendor hereby agrees for himself/herself/itself, their officers, directors, agents, associates and any related parties, that they will not, circumvent this agreement to directly or indirectly contact, deal with or otherwise become involved with any buyer entity or any other entities or parties introduced, directly or indirectly, by or through the BALL platform, its officers, directors, agents or associates, for the purpose of avoiding the payment to BALL, fees or otherwise, without the specific written approval of the BALL management.

11. Assignment

You shall not be permitted to assign, transfer any rights and/or obligations under these Term.

12. Entire Agreement

These Terms, disclaimers any other agreement relating to the use of this Website constitutes the entire agreement and shall supersede any other agreement.

13. Separate Agreement

You may have other legal agreements with us. Those agreements are separate from these Terms. These Terms are not intended to alter, amend, revise or replace the Terms of the other agreements.

14. Applicable Laws

These Terms may be governed and construed in accordance with the Laws, regulations or guidelines of the Federal Republic of Nigeria and other treaties, regulations which is applicable in Nigeria.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: