Terms and Conditions

Agreement between Versus Scouts and Versus

Welcome to Versus. Versus is a Marketing Intelligence tool. It combines online and offline consumer data to give brands actionable and competitive insight for the African market.

Versus Scout Application is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Versus Scouts Application constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy

Your use of Versus Scouts Application is subject to Versus' Privacy Policy. Please review our Privacy Policy, which also governs the application and informs users of our data collection practices.

Electronic Communications

Visiting the Versus Scouts Application or replying survey questions constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via the Application, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this application, you are responsible for maintaining the confidentiality of your account and for restricting access to your mobile device, and you agree to accept responsibility for all activities that occur under your account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Versus is not responsible for third party access to your account that results from theft or misappropriation of your account. Versus and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Age Restriction

Versus does not knowingly collect, either online or offline, personal information from persons under the age of sixteen. If you are under 18, you may use Versus only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

Versus may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Versus and Versus is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Versus may be providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Versus of the site or any association with its operators.

Certain services made available via Versus are delivered by third party sites and organizations. By using any product, service or functionality originating from the Versus domain, you hereby acknowledge and consent that Versus may share such information and data with any third party with whom Versus has a contractual relationship to provide the requested product, service or functionality on behalf of Versus users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Versus Scouts Application strictly in accordance with these terms of use. As a condition of your use of the Application, you warrant to Versus that you will not use the Application, for any purpose that is unlawful or prohibited by these Terms. You may not use the Application in any manner which could damage, disable, overburden, or impair the Application or interfere with any other party's use and enjoyment of the Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Application.

All content included as part of the Service, such as text, survey questions, graphics, logos, images, as well as the compilation thereof, is the property of Versus or its brands and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, be dishonest, or in any way exploit any of the content, in whole or in part, found on the application. Versus content is not for resale. Your use of the application does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for brands’ use, and will make no other use of the content without the express written permission of Versus and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Versus or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The application may contain survey questions, demographic questions, and/or other message or communication facilities designed to enable you to communicate with Versus and brands at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, lie, be inconsistent, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of brands; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's mobile device; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Versus has an obligation to monitor the Communication Services. Versus reserves the right to review materials sent to a Communication Service and to remove any materials in its sole discretion. Versus reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Versus reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, GDPR standards, legal process or governmental request, or to remove any information or materials, in whole or in part, at Versus' sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Versus does not control or endorse the content, messages or information found in any Communication Service and, therefore, Versus specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Versus spokespersons, and their views do not necessarily reflect those of Versus.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Surveys Provided to Versus

Versus does not claim full ownership of the survey answers materials you provide to the Versus application (including feedback and suggestions) or post, upload, input or submit to any Versus Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Versus, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

Credits will be accrued as surveys are answered and only at achieving the minimum limit, will there be an ability to cash out. Versus is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You may be able to connect your Versus account to third party accounts. This is mainly for cash out purposes. By connecting your Versus account to the third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Cash Out

Versus has a proprietary credit system that is changed from time to time. A user has to reach a minimum credit accrual before cash out is enabled. At this point the user may be connected to third party enablers to manage the cash out process.

Taxes

Versus is not responsible for taxes for users of Versus scouts. Each scout will be responsible to pay his/her tax dues applicable to their respective jurisdictions.

International Users

The application is controlled, operated and administered by Versus from our offices in Lagos, Nigeria and USA. If you access the application from a location outside the Nigeria or USA, you are responsible for compliance with all local laws. You agree that you will not use the Versus Scouts Application in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Versus, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the application, any user questions answered by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Versus reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Versus in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Versus agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VERSUS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

VERSUS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APPLICATION FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VERSUS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERSUS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APPLICATION, WITH THE DELAY OR INABILITY TO USE THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VERSUS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Versus reserves the right, in its sole discretion, to terminate your access to the application and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the application. Use of the Versus is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment (whether long-term, short term or contractual), or agency relationship exists between you and Versus as a result of this agreement or use of the application. Versus' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Versus' right to comply

with governmental, court and law enforcement requests or requirements relating to your use of the application or information provided to or gathered by Versus with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between Versus Scouts and Versus with respect to the application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Versus Scouts and Versus with respect to the application. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Versus reserves the right, in its sole discretion, to change the Terms under which the Versus Scout Application is offered. The most current version of the Terms will supersede all previous versions. Versus encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Versus welcomes your questions or comments regarding the Terms:

Versus LLC

info@versus.africa

+234 811 051 3382

Effective as of 1st April, 2020