Terms and Conditions
Last Updated:12/1/2023
Introduction:
Welcome to Daily Incomes Academy Limited(“Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause, get a cup of tea and carefully read the following pages.
It will take you approximately 20 minutes.
This, as well as the privacy policy and the other policy are legal documents so some of the language is necessarily “legalese” but we have tried to make them as readable as possible.
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our platform operated by Daily Incomes Academy Limited.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.
These Terms apply to all visitors, users and others who wish to access or use our Service.
Thank you for being responsible.
- Acceptance of Terms
Welcome to Daily Incomes Academy (“the Platform”). By accessing or using our platform, you agree to comply with and be bound by the following terms and conditions.
- Nature of the Platform
Daily Incomes Academy is a platform that provides training for its users and also helps its users set up their own online business to sell digital products. Users retain 100% of the revenue generated from their sales.
- User Registration
In order to access certain features of the Platform, you must register.
During registration, you agree to provide accurate and complete information, including your full name, phone number, email address, and username. You are responsible for maintaining the confidentiality of your account information so don't share it with anybody.
- Privacy Policy
User data, including full names, phone numbers, email addresses, and usernames, is collected and used in accordance with our Privacy Policy. We do not share customer data with third parties and we will only use collected information to communicate with users and customers as necessary.
- User Conduct
Users are prohibited from engaging in any fraudulent activities on the platform. This includes, but is not limited to, offering others services or offers outside the scope of what the platform provides and failing to deliver products or services to customers as promised.
- Intellectual Property
All intellectual property rights associated with the platform, including but not limited to the website, its content, and proprietary technologies, are owned by Daily Incomes Academy.
Copyright and other intellectual property laws protect the Daily Incomes Academy marketplace, website and content (“Daily Incomes Academy content”) thereon. Daily Incomes Academy retains all right, title and interest in and to the Daily Incomes Academy content, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Daily Incomes Academy intellectual property, including the technology related to the Daily Incomes Academy marketplace and services. Any and all technology and any content created or derived from any of the foregoing is the exclusive property of Daily Incomes Academy .
You agree to abide by and maintain all notices, license information, and restrictions contained herein. unless expressly permitted herein or otherwise permitted in a separate agreement with Daily Incomes Academy, you may not modify, publish, network, rent, lease, loan, transmit, sell, participate in the transfer or sale of, reproduce, create derivative works based on, redistribute, perform, display, or in any way exploit any of the foregoing, in whole or in part.
“Daily Incomes Academy “Daily Incomes Academy marketplace”, and all logos related to the Daily Incomes Academy services and trademarks belong to Daily Incomes Academy Limited. Therefore, you may not copy, imitate or use them without Daily Incomes Academy prior written consent. All page designs, headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Daily Incomes Academy. You may not copy, imitate, or use them without our prior written consent.
Daily Incomes Academy may provide html logos, ads, and other content or tools or creator programs (collectively “marketing materials”) for your use without prior written consent for the purpose of directing web traffic to the Daily Incomes Academy marketplace, or services, or to specific product sales pages. You may not alter, modify or change these marketing materials in any way, or use them for commentary or in any other manner that is disparaging to Daily Incomes Academy or the marketplace. You may not display them or use them in any manner that implies any sponsorship or endorsement from or by Daily Incomes Academy .
You may not and agree not to decompile, reverse engineer, disassemble, or attempt to derive the source code of any software or security components of the Daily Incomes Academy marketplace, content or services. you agree not to use your status as a creator/affiliate or your access toDaily Incomes Academy, marketplace, content, or services to violate, tamper with, or circumvent the security of any computer network, software, passwords, encryption codes, technological protection measures, or to otherwise engage in any kind of illegal activity, or to enable others to do so. You agree to only use the Daily Incomes Academy marketplace, content, or services for vendorized purposes. You further agree not to exploit the Daily Incomes Academy marketplace, content, or services provided to you as a creator/affiliate in any unvendorized way, including but not limited to, by trespass, or burdening network capacity.
So, basically Daily Incomes Academy owns all of its copyrights and trademarks, so don't use (or abuse!) our brand or our technology without our written consent.
- Signup fees, pay-outs and refunds, and product refund policy:
As a Creator, you agree that once placed in the Daily Incomes Academy marketplace, sales of your product will be subject to a 30-day money-back guarantee from Daily Incomes Academy.
Consistent with Daily Incomes Academy ’s guarantee, purchasers are entitled to a 30-day refund period or depending on the product Daily Incomes Academy‘s desired configuration for that particular product.
Buyers and Creators with a high refund history may be banned from purchasing, selling or promoting products again from the marketplace.
Daily Incomes Academy may occasionally and at its sole discretion decide to grant a refund beyond the product money-back guarantee period.
- Payment processing and signup fees:
To facilitate the marketplace, Daily Incomes Academy will connect with other third party companies like Paystack (including banks) to process all payments for all product purchases made through the Daily Incomes Academy marketplace.
Thus, you expressly grant permission to Daily Incomes Academy to help you sell your products, and to process payments received from the sale of your product(s) in the marketplace, and agree to pay the assigned transaction or processing fees (“Daily Incomes Academy fees”) in exchange for the services provided by Daily Incomes Academy, currently, the Daily Incomes Academy fees are as follows:
For Creators:
All Creators are required to register on Daily Incomes Academy with N29,999. This sum of N29,999 is a one year sign up fee after which you will be required to pay a yearly 20,000 for Creators fee to Daily Incomes Academy. Daily Incomes Academy has the rights to debit each Creator of this sum once in a year.
Payments to Creators:
Except as provided below for first sale reserve, high-volume sales, or fraud investigation reserve, creators will be paid once every week.
Currently, Creators can receive payments via any Nigerian bank account, and Daily Incomes Academy is constantly working to offer new payment methods. Creators must have a minimum of N5000 in their Daily Incomes Academy balance to qualify for a weekly payment.
- Fraud investigation reserve period:
If Daily Incomes Academy or one of Daily Incomes Academy’s payment processors becomes aware of actual fraud, or suspected fraud in connection with any purchase or group of purchases related to you, Daily Incomes Academy reserves the right to require a fraud investigation. If such an investigation is required, any and all earnings/commissions earned on any basis may be temporarily held pending the investigation, whether or not connected to the actual or suspected fraud. Daily Incomes Academy will use commercially reasonable efforts to have the fewest potential earnings/commissions held, based on its review of its risk. Such fraud may be in connection with debit cards, traffic, tracking, or some other basis.
If a fraud investigation is initiated, the creator may be asked to provide additional information. You agree to cooperate with any such fraud investigation in a reasonable manner. You will be informed of the results of the investigation, and a full accounting will be provided regarding your account and any earnings/commissions due.
Any Creator that has actual or suspected fraudulent activity associated with one or more otherwise creditable or commission-earning sales should not assume that Daily Incomes Academy suspects them of fraud. Stolen debit cards, fake debit cards, and other scams are prevalent on the internet and such activity may have nothing to do with the creator. Nonetheless, you understand and agree that you cannot be paid for an otherwise creditable or commission-earning sale, where Daily Incomes Academy will not be paid.
Moreover, Daily Incomes Academy will comply with all legal requirements and will report all such activities to appropriate authorities. If a creator is believed to be directly or indirectly involved with fraudulent activity or attempted fraudulent activity in connection with the Daily Incomes Academy marketplace, Daily Incomes Academy will pursue all available legal action against the creator. In such circumstances, you agree that you will forfeit any balance in your account, and that Daily Incomes Academy may use any such funds to partially or fully defray its costs of its investigation and any subsequent action, including legal fees and costs.
Creators signup and maintenance fee: N29,999/year
Plus Daily Incomes Academy will charge a service fee, After sales support of 10% for all your weekly sales..
- Relationship with Daily Incomes Academy:
You understand and agree that by becoming a creator, no legal partnership, joint venture, or agency relationship is created between you and Daily Incomes Academy . Neither you nor Daily Incomes Academy is a partner, a joint venturer, an agent or has any authority to obligate or bind the other. You may not represent otherwise. As a creator, you understand that you are allowing Daily Incomes Academy to allow you to make money in the Daily Incomes Academy marketplace. Daily Incomes Academy is a licensee or at most a distributor of your product(s)/content which you own 100% of what is made.
- Confidentiality and nondisclosure:
You agree that any details or information about Daily Incomes Academy, the Daily Incomes Academy marketplace, or the services disclosed by Daily Incomes Academy to you in connection with the marketplace or services or your role as a Creator/affiliate will be considered and referred to as “Daily Incomes Academy confidential information”. notwithstanding the foregoing, Daily Incomes Academy confidential information will not include: (i) information that is generally and legitimately available to the public through no fault or breach of yours, (ii) information that is generally made available to the public by Daily Incomes Academy, (iii) information that is independently developed by you without the use of any Daily Incomes Academy confidential information, or (iv) information that was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation.
- Nondisclosure and Non-use:
Unless otherwise expressly agreed or permitted in writing by Daily Incomes Academy you agree not to disclose, publish, or disseminate any Daily Incomes Academy confidential information to anyone other than your employees and contractors working for the same entity as you and then only to the extent reasonably required and provided that this agreement does not otherwise prohibit such disclosure.
if you are required by law, regulation or a valid binding order of a court of competent jurisdiction to disclose Daily Incomes Academy confidential information, you may make such disclosure, but only if you have provided Daily Incomes Academy ample notice of such requirement, such that Daily Incomes Academy can seek to limit the disclosure and/or seek confidential, protective treatment of such information.
So, basically, any communication between Daily Incomes Academy and the end user is confidential and should not be disclosed.
- Additions:
Daily Incomes Academy reserves the right, at its discretion, to modify this agreement, including with new terms, rules, policies, and conditions (“additional terms”). Any such additional terms are hereby incorporated into this agreement by this reference and your continued status as Creator/affiliate and use of the Daily Incomes Academy marketplace or service will indicate your acceptance of any additional terms.
- Representations and Warranties:
You represent and warrant that:
- you have read this agreement in its entirety and will abide by its terms;
b. you will not, and/or your product(s), sales page(s), and/or marketing or advertising do not and will not, directly or indirectly:
(i) violate any applicable laws, regulations, rules, or guidelines, including those of any Nigerian regulatory body, or any industry standards of the Nigerian government;
(ii) disrupt, attack, interfere with, or cause delay or damage to the Daily Incomes Academy marketplace or services or any data contained therein;
(iii) attempt to gain unvendorized access to the Daily Incomes Academy site, content, or services, or to any other Creator/affiliate account or dashboard; or any data contained therein;
(iv) attempt to:
(a) withdraw funds from Daily Incomes Academy to which you are not entitled,
(b) divert another’s earnings/commissions to your Daily Incomes Academy account
(c) have a credit card transaction used in the Daily Incomes Academy marketplace without proper vendorization of the card holder, or
(d) engage in fraud in connection with the Daily Incomes Academy marketplace;
(v) mirror, duplicate, iframe or otherwise copy any product(s), sales page(s), Daily Incomes Academy content, or portion thereof, or any part of the Daily Incomes Academy services; or make public any nonpublic portion thereof;
(vi) reverse engineer the Daily Incomes Academy services, or attempt to derive its source materials;
(vii) infringe any rights in any jurisdiction;
(viii) violate the right of privacy or publicity, or the moral rights of any person;
(ix) contain any defamatory, obscene, indecent or otherwise unlawful material, or otherwise contravene any person’s rights
Indemnification:
You agree to indemnify, defend, and hold harmless Daily Incomes Academy, its related parties and creators, affiliates, and their respective directors, officers, employees and agents from and against any and all claims, demands, suits, losses, damages, costs, fees, and expenses resulting from or arising, directly or indirectly, out of your negligence, willful misconduct, breach of any provision or representation or warranty of this agreement, or any violation of any law or regulation in connection therewith. For the purpose of clarity, such actions include regulatory enforcement actions. Upon receiving notice of a claim or action for which Daily Incomes Academy is entitled to indemnification under this section, Daily Incomes Academy shall:
Promptly notify you in writing of the claim or action against which indemnification is sought under this section;
Provide you the opportunity to assume the entire defense and settlement of such claim or action at your cost and expense (provided Daily Incomes Academy shall have the right to be represented separately by counsel of its own choosing at its own expense);
Cooperate with you (at your reasonable expense) in the investigation and defense of such claim or action:
Not settle or compromise such action or claim without your prior written consent.
Notwithstanding the foregoing, you are not vendorized to and may not agree to any settlement that involves an admission or finding of liability or wrongdoing by Daily Incomes Academy or imposes any duty or obligation on Expertnaire.
- Term and termination:
Daily Incomes Academy may terminate or suspend you as a creator/affiliate at any time in its sole discretion. If Daily Incomes Academy terminates you as a Creator/affiliate, Daily Incomes Academy reserves the right to deny any future application to participate as a creator, vendor/affiliate at any time. Common reasons for terminating your account might be, but not limited to, receiving spam complains, misconduct, violating these terms and conditions, a high refund and/or chargeback ratios, receiving multiple low ratings and/or poor reviews, etc.
You may terminate your status as a creator, vendor/affiliate at any time, for any reason, by notifying Daily Incomes Academy in writing of your intent to do so. Upon any termination or suspension, all rights granted to you hereunder will cease, including your right to access the Daily Incomes Academy dashboard, to create or submit new products to the marketplace, and to earn commissions. Any earnings or commissions in connection with sales completed as of the time of your termination will be credited to your bank account. No further sales of your product(s) will be processed, however, your sales page(s) for any product(s) will be left accessible, including any purchaser reviews and ratings and any history as defined herein.
Upon termination, you agree to destroy any and all Daily Incomes Academy confidential information that is in your possession or control, and to provide certification of such destruction to Daily Incomes Academy upon request. No refund or partial refund of any fees paid hereunder or any other fees will be made for any reason.
- No warranties are made:
Daily Incomes Academy and its creators, affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors (collectively, “Daily Incomes Academy” for purposes herein) make no promises that the Daily Incomes Academy marketplace, services, or content (including any functionality or features thereof), or any other information or materials that you receive as a creator, vendor/affiliate (collectively, the “Daily Incomes Academy services” for purposes of this section) will be accurate, reliable, timely, secure, error-free or uninterrupted, or that any defects will be corrected. The Daily Incomes Academy services are provided on an “as-is” and “as-available” basis and the services are subject to change without notice. Daily Incomes Academy does not guarantee any results or that it will identify or correct problems or defects as part of the services, even if it knows of such problems or defects. Daily Incomes Academy expressly disclaims any liability related thereto. Daily Incomes Academy disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose related hereto. Daily Incomes Academy disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Daily Incomes Academy services. You assume total responsibility and all risks for your use of the Daily Incomes Academy services, including, but not limited to, any information obtained thereon.
Your sole remedy against Daily Incomes Academy for dissatisfaction with the Daily Incomes Academy services is to stop using the services. This limitation of relief is a part of the bargain between the Parties.
- Disclaimer of liability:
To the extent not prohibited by law, under no circumstances shall Daily Incomes Academy be liable with respect to the Daily Incomes Academy services for special, indirect, incidental, or consequential damages, including without limitation, damages resulting from failure to deliver or delay of delivery of services, or failure of theDaily Incomes Academy marketplace, or from loss of profits, sales, data, business, opportunity or goodwill, on any theory of liability, whether arising under tort (including negligence), contract or otherwise, whether or not Daily Incomes Academy has been advised of or is aware of the possibility of such damages. if, notwithstanding any other provisions of this agreement, Daily Incomes Academy is found to be liable to you for any damage or loss that arises out of or is in any way connected to your use of the services, Daily Incomes Academy’s entire liability for direct damages under this agreement shall be limited to ten thousand naira only (N10,000 only).
20. Waiver:
If any provision of this agreement is found to be unenforceable or invalid, to the extent permissible under applicable law, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable.
- Arbitration
Any dispute arising out of or related to or connected with any provisions under this Agreement shall be referred to the arbitration of a single arbitrator to be appointed jointly by the parties.
The arbitration shall be conducted in Lagos in accordance with the Arbitration and Conciliation Act LFN 2004 or any modification or re-enactment for the time being in force.
The language of arbitration shall be English. The arbitration shall be held at Lagos, Nigeria.
The award of the arbitrator or arbitrators as the case may be shall be final and binding on the parties.
Jurisdiction and Governing law
The obligations, performance, interpretation and contents shall be governed by Nigerian law.
Notices
All notices and other communication under this Agreement shall be in writing and in English and either delivered by hand or sent by telex, fax or courier in each case to the addresses set out on the website of Daily Incomes Academy in the case of Daily Incomes Academy and addressee submitted by creators, vendors/affiliates where the notice to vendors/affiliates
- Entire Agreement
This Agreement embodies the entire agreement and understanding of the Parties and supersedes any and all other prior and contemporaneous agreements, arrangements and understandings (whether written or oral) between the Parties with respect to its subject matter.
- Assignment
Neither this Agreement nor any part of it is assignable, transferable, sub-licensable, subcontractable or conveyable by Creators, Vendor/Affiliate, either by operation of law or otherwise, without the express, prior, written consent of Daily Incomes Academy signed by an authorized representative of such Party.
- Confidentiality:
Creators, Vendor/Affiliate agrees and undertakes to maintain the confidentiality of the information and user/customer data disclosed, generated or made available to Vendor/Affiliate under this Agreement.
The said information shall not be used by the Creator, Vendor/Affiliate for any purpose other than for the performance of its obligations under this Agreement. Vendor agrees that the unauthorized disclosure or use of such Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, Creator, Vendor/Affiliate agrees that Daily Incomes Academy shall have the right to obtain an immediate injunction from any court of competent jurisdiction enjoining breach of this Agreement and/or disclosure of the Confidential Information. Daily Incomes Academy shall also have the right to pursue any other rights or remedies available at law or equity for such a breach.
- Relationship of Parties
Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. Daily Incomes Academy shall not be responsible for the acts or omissions of the Creator, Vendor/Affiliate, and Vendor/Affiliate shall not represent neither has, any power or authority to speak for, represent, bind or assume any obligation on behalf of the Daily Incomes Academy.
- Waiver and Amendment
No waiver of any breach of any provision of this Agreement constitutes a waiver of any prior, concurrent or subsequent breach of the same or any other provisions, and will not be effective unless made in writing and signed by an authorized representative of the waiving Party.