TO USE OUR SERVICE, KINDLY READ OUR TERMS AND CONDITIONS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR CONFERENCING BRIDGE, IVR APPLICATION, SITES AND SERVICES (COLLECTIVELY “THE PLATFORM”). THE PLATFORM MAY BE PROVIDED OR BE ACCESSIBLE VIA MULTIPLE WEBSITES OR APPLICATIONS WHETHER OWNED AND/OR OPERATED BY US OR BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THE WEBSITE www.cabanatalks.ng AND ITS RELATED APPS. YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER, TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THE PLATFORM. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THE PLATFORM OR OUR SERVICES. CABANA TALKS AND THE PLATFORM TO DELIVER THIS SERVICE IS OWNED AND OPERATED BY VOISA LIMITED. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 11^th JULY, 2022.

Introduction

Welcome to VOISA Counseling Service (hereafter “Cabana Talks”). We are a telephone therapy (teletherapy)/telephone counseling service provider.

This is our website, https://cabantalks.ng (the “Site”), for the purpose of providing information about our service and access to our IVR application for users and others who visit the Platform. For the purposes of this Term of Services (herein the “Use Agreement”), any and all visitors to the Platform shall be defined as a “User”.

Age Restrictions on Accessing the Platform

Use of our Site is limited to Users that lawfully can enter into and form contracts under applicable law. Individuals under the age of 18, for example, may not enter into legal contracts on their own. This Use Agreement is a contract between the User and Cabana Talks; thus, certain Users, depending on their age, are restricted from accessing and using the Platform as follows:

1. If you are under the age of eighteen (18) years old you may not use or access the Platform and must immediately navigate away from the Platform;
2. If you are between the ages of 16 and 17, you may continue to access and use the Platform, but only under and under the supervision of a parent or guardian.

Users under the age of 18 who disregard this provision do so at their own risk; Cabana Talks (and its Members, employees, agents, parent subsidiaries, affiliates, co-branders, partners, and any other third parties) shall not be liable for any harm or damage of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected to the use of The Platform by unauthorized and/or unaccompanied minors.

Use of the Platform

By proceeding to use and access the Platform, you agree that you shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Platform or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve the right to restrict any such activity and/or block any User who violates this provision.

You may not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any of Cabana Talks server, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User to the Platform, or any client, contractor, employee, shareholders, or any other party associated with Cabana Talks or any other related third-party.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the platform or Cabana Talks systems or networks, or any systems or networks connected to the Platform or to Cabana Talks.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Cabana Talks on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity, other than yourself.

You may not use the Platform or any Site Content for any purpose that is unlawful or prohibited by this Use Agreement or to solicit the performance of any illegal activity or other activity which infringes the rights of Cabana Talks or others.

You may not use the Platform for any abusive or illegal purpose. You may not harm others in any way. You may not use the Platform to perform any form of bullying, threatening, cyberstalking, intimidation, or any other type of harassment. The company reserves the right to contact appropriate legal authorities in the event that you are suspected of having performed such actions.

You may not use the Platform in a manner that:

1. Infringes on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy;
2. Violates any law, statute, ordinance, or regulation;
3. Is defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contains child pornography of any sort;
4. That you know contains Viruses or other malicious coding or harmful Content;
5. That you know will materially damage, disable, overburden, or impair the Platform or any other party’s use of the Platform;
6. That you know contains links to any application or sites that do any of the aforementioned prohibited acts;
7. To send spam, either directly or indirectly, or that in any way violates any privacy and/or data protection law.

Cabana Talks does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality, or applicability of anything posted, displayed, linked, uploaded, recorded, broadcasted, or otherwise made available by any User, where applicable. Notwithstanding anything within this provision of this Use Agreement, Cabana Talks reserves the right to suspend or terminate any User’s access with or without notice to said user for any reason, at its sole discretion.

Acceptance of Terms

By visiting and accessing the Platform, you, the User, understand and agree to accept and adhere to the following terms and conditions, along with the terms and conditions stated in our Privacy Policy (please refer to the Privacy Policy here). It is important that you understand this Use Agreement is a legally binding agreement that governs our relationship with you as well as all other Users who may use, interact, or interface with us through the Platform.

We reserve the right to change this Use Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this Use Agreement periodically to familiarize yourself with any modifications. Your continued use of the Platform after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. At our sole discretion, to change, modify, add, or remove portions of this Use Agreement, at any time. It is your responsibility to check this Use Agreement periodically for changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Use Agreement, you are permitted a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

We also reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Platform, or any portion of the Platform, for any reason; (2) to modify or change the Platform, or any portion of the Platform, and any applicable policies or terms; (3) to interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove (without notice) any User content or access; and or (5) to terminate access of any User in its sole discretion, for any reason or no reason.

Responsible Use and Conduct

By visiting our Site and accessing the information and resources we may provide (hereafter referred to as “Site Content”), you agree to use Site Content only for the purposes intended as permitted by (1) the terms of this Use Agreement, and (2) applicable laws, regulations, and generally accepted online practices or guidelines.

Privacy Policy

Please see Cabana Talks’s Privacy Policy (see the full Privacy Policy here) for information on the Privacy Policy for use and access of the Platform.

Warranty Disclaimers

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

1. The use of Cabana Talks’s Platform is at the sole risk by you. Our Platform and any Site Content we provide shall be provided on an “as is” and/or “as available” basis. Cabana Talks and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement;
2. Cabana Talks and our subsidiaries, officers, employees, agents, partners, and licensors make no such warranties that:
3. Cabana Talks’s Platform or Site Content will meet your requirements;
4. access to Cabana Talks’s Platform and/or any Site Content shall be uninterrupted, timely, secure, or error-free;
5. that such results which may be obtained from the use of the Cabana Talks Site and/or Site Content will be accurate or reliable;
6. the quality of any Platform Content or other material which may be purchased or obtained by you through our Platform will meet your expectations; and
7. that any such errors contained on our Platform or within any Site Content shall be corrected
8. Any information or material downloaded or otherwise obtained by way of our Platform shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your phone, computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material;
9. No advice and/or information, despite whether written or oral, that may be obtained by you from our Platform or by way of or from any associated Site Content shall create any warranty not expressly stated in this Use Agreement;
10. A small percentage of some Users may experience some degree of epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer screen or while using the Platform. Certain conditions may induce a previously unknown condition or undetected epileptic symptom in Users who have shown no prior seizure or epilepsy history. Should you, anyone you know, or anyone in your family have an epileptic condition, please consult a physician if you experience any of the following symptoms while using our services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

Limitation of Liability

You explicitly acknowledge, understand, and agree that Cabana Talks and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data, and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:

1. the use or inability to use our Platform or access Platform Content;
2. unauthorized access to or the alteration of your transmissions and/or data;
3. statements or conduct of any such third party regarding our Site and any Site Content;
4. and any other matter which may be related to the Platform or Content provided therein.

Release

In the event you have a dispute, you agree to release Cabana Talks (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners, and any other third parties) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

Indemnity

All Users of the Platform herein agree to insure and hold Cabana Talks, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, the use of Cabana Talks’s Platform, your violations of the Use Agreement, and/or your violation of any such rights of another person.

Exclusion and Limitations

There are some jurisdictions that do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of section warranty disclaimers and limitation of liability may not apply to you.

Commercial Reuse of Services

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to the Platform.

Advertisers

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through the Platform or contained in any Site Content, and any such other term, condition, warranty and/or representation associated with the platform Content, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Cabana Talks shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our Platform.

Links

At times we may provide links to other professionals, websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external professionals, sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Cabana Talks shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such professionals and/or Content, or any part of the platform Content made available on or through any such site or resource

Proprietary Rights

All Content and materials available on the Platform, including but not limited to text, graphics, website name, code, images and logos, are the intellectual property of Cabana Talks, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on the Platform is strictly prohibited, unless specifically authorized by Cabana Talks.

Third-Party Beneficiaries

You herein acknowledge, understand and agree, unless otherwise expressly provided in this Use Agreement, that there shall be no third-party beneficiaries to this agreement.

Notice

Cabana Talks reserves the right, but shall not be required, to furnish you with notices, including those with regards to any changes to the Use Agreement, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on the Platform, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of this Use Agreement by accessing the Platform and the platform Content in an unauthorized manner. Your acceptance of this Use Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Platform and Site Content in an authorized manner.

Trademark Information

You herein acknowledge, understand, and agree that all of Cabana Talks’s trademarks, copyright, trade name, service marks, and other Cabana Talks logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Cabana Talks. You herein agree not to display and/or use the Cabana Talks logo or marks in any manner without obtaining Cabana Talks’s prior written consent.

Copyright or Intellectual Property Infringement Claims Notice & Procedures

Cabana Talks Platform Content including graphics, website name, code, images, and logos are the intellectual property of Cabana Talks Services, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the unauthorized reproduction, distribution, display or transmission of any content on the Platform is strictly prohibited.

Cabana Talks Services will always respect the intellectual property of others. If you feel that any Content on the Platform is your work and/or has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should contact us in writing and provide the following information:

1. a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
2. b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
3. c) A description of the location of the Platform which you allege has been infringing upon your work;
4. d) Your physical address, telephone number, and email address;
5. e) A statement in, which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law;
6. f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner’s behalf.

Please provide the above information and contact us at the following address:

Cabana Talks Services,
Attn: Folorunsho Dare

House 75, 2nd Avenue
Peace Estate
Baruwa, Lagos.

Phone: +2348080562857,
Email: enquiry@cababatalks.ng

 

Entire Agreement

This Use Agreement constitutes the entire agreement between you and Cabana Talks and shall govern the use of our Platform and access of any Site Content, superseding any prior version of any other Terms of Service or Use Agreements between you and us with respect to Cabana Talks’s Platform, including the website(s). You may also be subject to additional terms and conditions that may apply when/if you access, se, or purchase certain other services, Content, or resources as may be provided by Cabana Talks, third-party Content, or third-party resources.

Governing Law

It is at the mutual agreement of both you and Cabana Talks with regard to this Use Agreement that the relationship between the parties shall be governed by the laws of the Federal Republic of Nigeria without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Use Agreement, or the relationship between you and Cabana Talks.

This Platform is controlled by Cabana Talks from our offices located in Lagos and Oyo State, Nigeria. It can be accessed by most countries around the world. As each country has laws that may differ from those of Nigeria, by accessing our Platform, you agree that the statutes and laws of The Federal Republic of Nigeria, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Platform, and access and use of any Site Content, and/or the purchase of any products or services through the Platform.

You and Cabana Talks agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms

At any time, should Cabana Talks fail to exercise or enforce any right or provision of the Use Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Use Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Use Agreement remain in full force and effect.

Statute of Limitations

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Platform and/or Site Content or the Use Agreement must be filed within three (3) year(s) after said claim or cause of action arose or shall be forever barred.

VIOLATIONS

Please report any and all violations of this Use Agreement to Cabana Talks as follows:

Cabana Talks Services,
Attn: Folorunsho Dare

Phone: +2348080562857,
Email: enquiry@cababatalks.ng