Terms And Conditions

Last Updated: July 19, 2023

Kindly read these Terms and Conditions ("Terms", "Terms of Use") carefully before using the ZeroneData App (the "Service").

1. Introduction

The company provides you with access to its online service (the "ZeroneData App") and the related ZeroneData App software on your mobile device. The service is a social networking-based suite of integrated mobile and web applications that allow the company, partner research companies, individuals and advertisers to provide users with surveys or campaigns ("Opportunities") to earn points that are redeemable for cash (Ghana cedi) if they perform specified tasks or comply with certain requirements set forth in such opportunities. Each point earned is redeemable for an equivalent of GHS 0.02; thus 50 points earned is redeemable for GHS 1. Your use of the service is subject to your acceptance of and compliance with these terms of service (the "Terms of Service" or the "Agreement"). If you do not agree to these Terms of Service, please do not use the service. These Terms of Service apply to all transactions conducted through the service. The term of the agreement will commence on the date you enroll as a user and will end when terminated by either party in accordance with the terms of the agreement (the "Term").

The company creates and/ or list surveys or campaigns on the Service for participating companies, individuals, advertisers or for itself, which allow users the chance to receive rewards in exchange for performing specified tasks or complying with the requirements (such tasks and/ or requirements constituting the "Requirements") set forth in the Offer. Each opportunity listing contains a description of the requirements and the corresponding reward to be provided by the company.

Partner companies, individuals, advertisers or the company in their sole discretion shall determine whether a particular user has fulfilled the requirements and is entitled to receive the associated rewards. If you do not comply with the requirements, you will not be entitled to the reward associated with such an opportunity. The company may include one or more questions in each survey to test that user is thoughtfully providing their responses to the survey. Failure to answer this test question or questions correctly is an indicator that the user has not met the "requirement" of the task and wil lead to losing some of all the rewards associated with the opportunity. You agree that all rewards will be forfeited if your account is terminated for any reason, or if the company discontinues providing the service. Rewards are not gift certificates and in no way will be paid with any products. The company does not recognize transfers of rewards or related points or the purported sale, gift or trade in the "real world" of anything related to the reward or the service. Accordingly, you may not buy or sell rewards or otherwise exchange items for value. Any attempt to do so is in violation of these Terms of Use and will result in the termination of your account.

You may not use the service for any other purpose than that for which ZeroneData App makes it available. The company reserves the right in its sole discretion to investigate, terminate your membership and take appropriate legal action if you violate this provision or otherwise misuse the service, or behave in a way which the owner of ZeroneData App regards as inappropriate, or which is unlawful or illegal.

The following is a list of the type of actions that you may not engage in with respect to the service:

2. User Specific Terms.

As a condition to using the service, and in order to receive monetary payments in connection with rewards, you will be required to create or register an account on the service, verify your identity by providing any of the acceptable government issued ID (as specified in the ZeroneData App) from the country of your citizenship, provide a valid means (mobile money accounts, for example) of receiving such monetary rewards as the App’s functionality allows, and you will be required to provide valid, truthful and accurate information. You shall provide ZeroneData App with accurate, complete, and updated registration information. Failure to do so will constitute a breach of these Terms of Use, which may result in termination of account. You shall not (i) select or use a screen name of another person with the intent to impersonate that person, (ii) use a screen name subject to any rights of a person other than you without the proper authorization, or (iii) use as a screen name a name that is otherwise offensive, vulgar or obscene. The owner of the ZeroneData App reserves the right to refuse registration of or cancel a user’s account in its sole discretion. You are solely responsible for the activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall immediately notify the company of any unauthorized use of your account, or other account related security breach of which you are aware.

The company uses the service of a payment processing company to facilitate payment of rewards. User waives any and all claims or rights of action against the company relating to the failure of the payment processing company in redeeming and/or timely redeeming of rewards. Network/technical issues may occur during cash out. The company bears no responsibilities for such occurrences and the user waives all rights to that effect. The payment processing company charges a fee for processing each cash-out transaction, the user agrees to bear such fees for each cash-out transaction. Transaction fee will be deducted in its equivalent form of points from the users account during cash-out. If the user does not have enough points in their account to cover both the withdrawal / cash-out amount and the transaction fee, such cash-out request shall not be processed.

In addition, user acknowledges that user is: (i) not an employee of the company, (ii) responsible for the payment of all taxes on compensation received from using the service, (iii) responsible for any reporting requirements imposed by the federal, state or local government, and (iv) responsible for compliance with all other applicable laws and regulations.

By participating in the service and accepting rewards, User grants the company and the specific advertiser, company or individual providing the reward a worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable license to use, display, perform, reproduce, republish, and distribute any content or any portion thereof ("Content") provided by a user in connection with the service or an opportunity in all forms of media and through any media channels (now known or hereafter developed), including but not limited to television, radio, print, Internet site and other electronic communications. You acknowledge and agree that the content you submit, post or display may be viewed by other users of the service and through third party services. You should only provide content that you are comfortable sharing under these terms.

3. Eligibility.

You must be eighteen (18) years or older to use the service. By using the service, you are representing and warranting that all information you submit is truthful and accurate, and that you agree to maintain the accuracy of such information. You understand and agree that in accordance with the terms of the ZeroneData App Privacy Policy ("Privacy Policy"), which is integrated into and included as part of these Terms of Service. ZeroneData App accounts are not transferable, assignable or resalable under any circumstances.

4. Protection of Minors.

Individuals under the age of eighteen (18) are not the target audience of the company’s Offers and it strives to protect their privacy. For this reason, advertisers are prohibited from posting any offer that targets children and underage people are prohibited from using the service (the ZeroneData App).

5. Unauthorized Use.

6. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and or if an account does not comply with our rules.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account. If you request to delete your account, we will, within 60 days of your request, delete your personal data. However, any survey data provided from your account will NOT be deleted even after your account is deleted.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Provision of The Service.

The Owner of the ZeroneData App is constantly innovating and changing its service offering in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the service which the company provides through ZeroneData App may change from time to time without prior notice to you. You acknowledge and agree that the company may stop (permanently or temporarily) providing the Service (or any features or functionality within the service) to you or to users generally at the company’s sole discretion, without prior notice to you. You and/or the company may terminate the agreement and/or your participation in the service at any time, for any reason or for no reason, and the company (owner of the ZeroneData App) shall not have any liability regarding such decisions.

8. Representations And Warranties.

Each user, partner company, individual and advertiser participating in the service represents, warrants and covenants that (i) it has sufficient authority to enter into the agreement; (ii) its use of ZeroneData App services is solely for lawful commercial and business purposes; (iii) it has the necessary rights to provide all information provided under the agreement (including all content, data, offers, titles, URLs and descriptions) for use as described in the agreement, and that all such information and all claims, statements, products and services contained or referenced herein and in the website or submitted by an advertiser or user: (a) do not violate any law, statute, ordinance, treaty or regulation or the company’s policy or guideline; (b) do not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (c) do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (d) are not false, deceptive or misleading; (e) are not defamatory, libelous, slanderous or threatening; (f) will be free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information; and (g) comply with the applicable Master Agreement (if applicable); (iv) it will not engage or cause others to engage in any form of spamming or improper or malicious, as determined by ZeroneData app, clicking, impression or marketing activities through the service, and it will comply with all applicable laws including complying with all applicable laws such as the CAN-SPAM Act of 2003; and (v) it will not use the service to "stalk" or otherwise harass another person or harm any persons or entities in any way.

9. Trademarks.

ZeroneData App and other ZeroneData App graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of “the company” in Ghana and/or other countries. ZeroneData App trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available on our media page may be used by partner and third party sites in connection with journalistic promotion of our services, commercial applications are forbidden except where pre-approved in writing.

10. Indemnification.

Each user participating in the service agrees to indemnify and hold harmless the company, its parent and affiliates and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, third party service providers and third parties authorized by the company to make your listings, results, and/or service available in connection with third party websites, blogs, postings, content, applications and/or e-mails ("Third Party Products"), and their respective officers, directors, agents, affiliates, and employees (individually and collectively) from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees (collectively, "Claim(s)"), that actually or allegedly result from such user information, use of the service, submissions to the service, or its breach of the agreement. Each user agrees to be solely responsible for defending any claim against or suffered by the company, subject to ZeroneData App rewards and/or the company’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against the company, and/or any the company provided that you will not agree to any settlement that imposes any obligation or liability on ZeroneData App and/or the company without the company's prior express written consent.

11. Warranty Disclaimer.

EACH ADVERTISER, RESEARCH COMPANY, INDIVIDUAL AND USER EXPRESSLY AGREES THAT THE SERVICE IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT ITS USE THEREOF IS AT ITS OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE OR ZeroneData APP WEBSITE (IF ANY), OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE OR THE ZeroneData APP WEBSITE (IF ANY), (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE COMPANY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE OR THE ZERONEDATA APP WEBSITE (IF ANY) WILL MEET A USER'S OR AN ADVERTISER'S, RESEARCH COMPANY OR RESEARCH INDIVIDUAL’S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, EACH USER AND ADVERTISER ACKNOWLEDGES AND AGREES THAT THE COMPANY’S WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OFTHE COMPANY’S CONTROL. THE SERVICE MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET. BECAUSE SOME STATES/REGIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. Limitation of Liability.

THE COMPANY’S (OWNER OF THE ZERONEDATA APP) LIABILITY IN CONNECTION WITH THE AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY, SHALL BE STRICTLY LIMITED TO GHS 10. THE COMPANY SHALL NOT BE LIABLE TO USERS FOR DAMAGES OF ANY KIND ARISING OUT OF A USER'S USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE COMPANY OR ANY ENTITY OF THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THE AGREEMENT. ADVERTISER AGREES THAT ADVERTISER WILL NOT HOLD THE COMPANY RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE AGREEMENT, INCLUDING WITH RESPECT TO PARTICIPATION OR ACCESS BY ANY THIRD PARTY ON ADVERTISER'S LISTING(S) OF OFFERS, REGARDLESS OF THE INTENT OF SUCH THIRD PARTY.THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE COMPANY OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

13. Notices.

The Company may give general notices to users and advertisers/research companies/individuals by sending push notifications on the ZeroneData App, or by posting on the company’s website, or by electronic mail to the e-mail address provided by you to the company through the ZeroneData App or by sms to the mobile phone number provided by you to the company through the ZeroneData App (if applicable). It is your responsibility to ensure that your e-mail address, mobile phone number, push notification settings, and any other contact information you provide on the ZeroneData App is updated, current and correct. All notices about/regarding the ZeroneData app shall be sent via electronic e-mail to the company at: legal@zeroneanalytiqs.com

14. Choice of Law.

Any dispute referring or relating to the agreement or between the parties shall be governed by the laws of Ghana, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located in Accra. Any claim against the company (the owner of the ZeroneData App) arising from the agreement shall be adjudicated on an individual basis and shall not be consolidated in any proceeding with any claim or controversy of any other party.

15. Miscellaneous.

The Agreement constitutes the entire agreement and understanding between the parties regarding the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications in all forms of media (including all instructions, advertisements, messages and policies), written and oral, between you and the company regarding the subject matter contained herein. Only a written instrument executed by the party waiving compliance may waive the terms or covenants of the agreement. No waiver by either party of a breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If any provision of the agreement is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of the agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties to the agreement and has like economic effect. The Company shall have no liability under the agreement by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, computer virus, Acts of God, war, governmental action, or any other cause that is beyond its reasonable control. The parties are independent contractors and nothing in the agreement shall be construed to create, evidence, or imply any agency, employment, partnership, or joint venture between the parties. Neither advertisers, research companies nor research individuals, nor users are employees of the company. None of ZeroneData App’s, advertisers, research companies or research individuals or users shall have any right, power, or authority to create any obligation or responsibility on behalf of the other. The Agreement is not intended to benefit, nor shall it be deemed to give rise to any rights in, any third party. You may not assign or transfer the agreement, or sublicense, assign or delegate any right or duty under the agreement without the company’s prior written consent. Any assignment, transfer or attempted assignment or transfer in violation of this section shall be void and of no force and effect. The company and its subsequent assignees may assign the agreement, in whole or in part, or any of its rights or delegate any of its duties under the agreement to any party. Any rights not expressly granted in the agreement are reserved by the company and all implied licenses are disclaimed. Headings used in the agreement are for reference purposes only and in no way affect the agreement. The term "including" is a term of enlargement meaning "including without limitation," and does not denote exclusivity. The company may change the agreement and/or the Privacy Policy at any time upon notice published on the ZeroneData App and/or the company’s website. Any use by you, your affiliates, agents, representatives, employees, or any person or entity acting on your behalf, of the service after such notice shall be deemed to be continued acceptance by you of the agreement and Privacy Policy, including any amendments and modifications thereto. All information or material in connection with a service must be submitted in the form requested by the company. The owner of the ZeroneData App reserves the right to discontinue offering, and/or modify the service at any time. Except as otherwise specified by the company, you agree that you will direct all communications relating to the service or your participation therein directly to the company and not to any other entity. The organization, specifications, structure or appearance of any property of the company or any page where your information (including listings) may be displayed may be redesigned or modified at any time.

16. Definitions

“ZeroneData App” as used throughout this document is a mobile and/or web-based application owned by Zerone Analytiqs Ltd, a private limited liability company incorporated in Ghana.

“The Company” or “Company” or “The Owner of the ZeroneData App” as used throughout this document refers to Zerone Analytiqs Ltd, the company that owns the ZeroneData App.