Please read these Terms and Conditions ("Terms") carefully before accessing or using the TrybeOne digital web and mobile application (“App”). This Terms constitute a legally binding agreement made between a person who has downloaded the App and is using the App (“you”, “your” or “user”) and Unshelled Consultancy Limited (“we”, “us” or “our”), concerning your access to and use of the App. By accessing and using the App, you agree to be legally bound by this Terms and all other terms and policies that apply to any personal profile created on the TrybeOne App(“Profile”) or activities, services and transactions that can be done through the App as well as any other platform, media channel, related, linked, or otherwise connected thereto (“Services) you can access using this App (collectively referred to as “Terms”). If you do not wish to be bound by any of this Terms, you may not use the App. You agree that by using the App, you have read, understood, and agree to be bound by all of these Terms.
You can use the TrybeOne App for the following services available as of the date of this document:
To be eligible to use the App you must be;
To access the services on the App, firstly, you need to download the app, register and create a profile (“Profile”), by providing certain information such as your name, email address, contact number, a picture, online credentials for your Account or Card, and such other information as we may request from time to time (collectively, "User Information"). We will also use this information to create a TrybeOne Account with our partner bank.
In exchange for your use of the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our registration form (ii) each time you log on, maintain and promptly update such User Information to keep it true, accurate, current and complete and (iii) not access the App or Services through automated or non-human means, whether through a bot, script or otherwise. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such User information is untrue, inaccurate, not current or incomplete, we reserve the right to refuse any future request(s) to use the Services. If you access the App through non-human or automated means, or we have reasonable grounds to suspect non-human access or interaction, we also reserve the right to refuse future access to the App and Services.
We do not charge for the App, however you may pay fees when you carry out transactions on/through the App.
Your mobile network provider may charge you to access the App. You are responsible for the charges and for reviewing applicable fees chargeable by your mobile network provider to access and operate the App.
You can access the App on web and on compatible iOS or Android devices such as your mobile phones, tablets or other electronic devices.
We have compiled a list of things you need to do to help us keep your profile safe:
You may be invited to post, share, message, contribute to or participate in online forums, private messaging boards and other functionality on the App, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the App, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively “Contributions”). Contributions may be viewable by other users of the App and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the App in violation of the foregoing violates this Terms and may result in, among other things, termination or suspension of your Profile and future access to use the App.
Below are examples of User content and/or use of the App that is illegal or prohibited. This list is not exhaustive, and we reserve the right to restrict access to and/or investigate any User who, in our sole discretion, violates any of the terms or conditions of this Terms.
In view of the foregoing you understand and agree:
Any breach of this Terms may result in the immediate revocation of the access granted to you without prior notice. Should we determine at our sole discretion that you are in breach, we reserve the right to deny you access to the App and Services, and this is without prejudice to any available remedies at law or otherwise.
While we use our best endeavor to ensure the App and Services are available optimally, we make no warranty that any part of the App will operate uninterrupted or error free and we accept no liability for loss or damage caused from any interruption or error on any part of the App.
We do not guarantee secure, continuous, uninterrupted access to any part of the App, Services, software, or systems, including any networks and servers used to provide any of the services stated herein. Accordingly, we are not responsible for the matters, which include actions of hackers and other unauthorized third parties that breach our reasonable security procedure. No method of electronic transmission or storage is 100% secure. Therefore, we cannot guarantee the absolute security of the app.
We will also not be liable for any failure to provide services, in part or full, due to abnormal or unforeseen circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary. This includes but is not limited to phone network failures, or in the case of mobile networks when you are not in an area of mobile coverage.
We reserve the right to remove a service from the App with no obligation to give advance notice, and we shall not be liable for losses, costs or expenses arising from any such refusal or removal. You assume the risks associated with the use of the App.
We reserve the right to suspend your usage of the App or any of the Services immediately and without advance notice;
We will attempt to notify you except it would compromise our security measures, or it is unlawful to do so, or impracticable within the circumstances.
You can deactivate your TrybeOne Profile any time you want, but your Account with our partner bank will remain active. Please contact us at 0700TRYBECARE and we will guide you through the process.
Your Profile will also be automatically deactivated one (1) month after you turn 25 years old.
We are the owner or the licensee (as applicable) of all the content available and intellectual property rights on the App, and any material published on it and same are protected by copyright, trademark, patent, trade secret and other intellectual property law. All such rights are reserved.
You agree to retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and not to alter, obscure or obliterate any of such notices.
You agree not to reproduce, re-transmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. We and/or our licensors own the copyright to all software and accompanying documentation made available for download from the App. Any copy made of information obtained from or through the App must include all applicable copyright notices.
The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties. We reserve all rights not expressly granted to User.
The App may be under constant upgrades, and some functions and features may not be fully operational during periods of upgrade or software maintenance. We disclaim any liability arising due to the vagaries that can occur in the electronic distribution of information.
You acknowledge that third party services are available on the App. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s services.
We do not, in any way, endorse any information or service offered or described on the App. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information
You assume all responsibility and risk with respect to your use of the App. The services are provided and available “as is,” and “as available”. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the App, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose
We do not warrant use of the App will be uninterrupted or error-free or that errors will be detected or corrected. We do not assume any liability or responsibility for any computer viruses, bugs, malicious code or other harmful components, delays, inaccuracies, errors or omissions, or the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the services.
In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the use of the App / services or our agreement with you concerning the services, including, but not limited to, (i) the use of or inability to use the App, the service, or the content, (ii) any transaction conducted through or facilitated by the App; (iii) any claim attributable to errors, omissions, or other inaccuracies in the App, the service and/or the content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the App, the service, or the content, and any compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages.
We may change these terms from time to time. This is solely at our discretion and changes will be effective when posted on the App with no other notice provided. Please check the Terms regularly for updates as changes shall be effective immediately, and we may indicate the date of such revision.
In addition, we may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the App or the Services provided without notice or liability.
You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the App and Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.
In conjunction with your access or use of the App, you may be subject to additional terms, rules, policies, and conditions that are posted on the App. You are also subject to the terms, rules, policies and conditions of our partners in respect of their services which you access through the App.
You agree that all agreements, notices, disclosures, records, and other communications for all services provided to you under these Terms and in connection with your relationship with us (collectively, "Communications") that we provide to you electronically satisfy any legal requirement that such communications be in writing.
To the fullest extent permitted under applicable law, we will be excused from performance under these Terms for any period that we are prevented from or delayed in performing any obligations pursuant to this Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) labour strikes; (e); (f) unauthorized access to our information technology systems by third parties; or (g) other causes beyond our reasonable control and contemplation.
You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your TrybeOne profile in any way (by operation of law or otherwise). To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.
You agree to defend, indemnify, and hold harmless Unshelled Consultancy, its employees, officers, directors, agents, its affiliates, partners and third-party service providers from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any claims relating to your use of the Services, violation of these Terms, applicable law or any third-party rights or claims, or your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defences.
Under no circumstances shall we, our licensors or any third party content/ service provider be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, lost data or otherwise) arising from or in connection with the performance of the services, your use of or inability to use the services, whether by a breach of contract, negligence, strict liability, malpractice or otherwise, even if such party has been advised of the possibility of such damages.
No waiver by us of any term or condition set forth in these Terms 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 by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any of these terms is judicially determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part(s) of the same shall be stricken from this Terms, and such provision shall not affect the legality, enforceability, or validity of the remainder of these terms. The stricken provision maybe replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in term to the stricken provision as is legally possible.
We will use our best efforts to resolve any issue that may arise from the use of the App. However, we realize that there may be rare cases where we may not be able to resolve an issue to your satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any use or access to the Platform or the services shall be referred to Mediation.
These Terms and your use of the App shall be governed by the laws of the Federal Republic of Nigeria, without giving effect to the principles of conflict of laws.
We appreciate it greatly if you notify us of any inquiries or issues regarding the App or these Terms, because this gives us the opportunity to seek a suitable solution. It also gives us the opportunity to improve the service/products offered to you and other customers. We also have an internal complaints procedure to effectively and promptly address any complaints.
You may reach us by sending a mail to Jojo@TrybeOne.ng and include the following information: your name, telephone number and a description of your concern or calling us on 0700TRYBECARE.