Last Updated: May 26, 2024

1. Acceptance of Terms

By accessing or using the website energy.acba.africa (the “Site”) and services offered by ACBA Energy, including Evoke-Flame (BioEnergy) and EmTrack (Emissions Tracking & Offsetting), you agree to comply with and be bound by these Terms of Use. If you do not agree to these terms, please do not use our Site or services.

2. Changes to Terms

ACBA Energy reserves the right to modify these Terms of Use at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site and services following the posting of changes constitutes your acceptance of those changes.

3. Use of the Site and Services

• Eligibility: You must be at least 18 years old to use the Site and services. By using the Site, you represent and warrant that you have the legal capacity to enter into a binding agreement.
• Account Registration: To access certain features of our services, you may need to register for an account. You agree to provide accurate and complete information during the registration process and to keep your account information up-to-date.
• User Responsibilities: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Intellectual Property

• Ownership: All content on the Site, including text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, is the property of ACBA Energy or its content suppliers and is protected by intellectual property laws.
• License: ACBA Energy grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and services for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent.

5. Prohibited Conduct

You agree not to use the Site or services for any unlawful purpose or in any way that could harm, disable, overburden, or impair the Site. This includes, but is not limited to:

• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Site.
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity.
• Using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

6. Disclaimers and Limitation of Liability

• No Warranty: The Site and services are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. ACBA Energy does not warrant that the Site or services will be uninterrupted, error-free, or free of viruses or other harmful components.
• Limitation of Liability: To the fullest extent permitted by law, ACBA Energy and its affiliates, officers, directors, employees, agents, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Site or services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Site; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.

 7. Indemnification

You agree to defend, indemnify, and hold harmless ACBA Energy, its affiliates, licensors, and service providers, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:

• Your use of and access to the Site and services.
• Your violation of any term of these Terms of Use.
• Your violation of any third-party right, including without limitation any intellectual property, privacy, or other proprietary right.
• Any claim that your use of the Site and services caused damage to a third party.

This defence and indemnification obligation will survive these Terms of Use and your use of the Site and services.

8. Third-Party Links

The Site and services may contain links to third-party websites or services that are not owned or controlled by ACBA Energy. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that ACBA Energy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

9. Termination

ACBA Energy reserves the right to terminate or suspend your account and access to the Site and services, with or without notice, for any reason, including if we believe you have violated these Terms of Use. Upon termination, all provisions of these Terms of Use that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Governing Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of Nigeria, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Lagos, Nigeria for the resolution of any disputes arising out of or relating to these Terms of Use or the Site and services.

11. Dispute Resolution

• Informal Resolution: Before filing a formal dispute, you agree to first contact us at [insert contact email] and provide a brief, written description of the dispute and your contact information. You and ACBA Energy agree to use reasonable efforts to resolve any dispute through informal negotiation within thirty (30) days from the date the dispute notice is received.
• Arbitration: If the dispute cannot be resolved informally, you agree that any dispute arising out of or in connection with these Terms of Use or the Site and services will be resolved through binding arbitration in accordance with the rules of the chosen Arbitrator by involved parties in Lagos, Nigeria. The arbitration will be conducted in English, and the award may be entered and enforced by any court of competent jurisdiction.

12. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms of Use will remain in effect.

13. Waiver

No waiver of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ACBA Energy to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

14. Entire Agreement

These Terms of Use constitute the entire agreement between you and ACBA Energy regarding the use of the Site and services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such use.

15. Contact Information

If you have any questions about these Terms of Use, please contact us via email at energy@acba.africa