Thank you for selecting the Services offered by Maverick Edifice Limited and/or
its subsidiaries and Affiliates (referred to as "Maverick Edifice", "we", "our",
or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement
is a legal agreement between you and Maverick Edifice. By accepting
electronically (for example, clicking “I Agree”) or by installing, accessing or
using the Services, you agree to this Agreement. If you do not agree to this
Agreement, then you may not use the Services. If you are entering into this
Agreement on behalf of a company or other legal entity, you represent that you
have the authority to bind such entity and its affiliates to these terms and
conditions as its authorised representative, in which case the terms "you" or
"your" will refer to such entity and its affiliates as well as you. If the legal
entity that you represent does not agree with these terms and conditions, you
must not accept this Agreement, register, and use or access the Services as an
authorised representative.
“Affiliate(s)” means any entity that at any time controls, is controlled by, or
is under common control, in each case either directly or indirectly with
Maverick Edifice, where “control” means the ownership of, or the power to vote,
more than 50% of the voting stock, shares or interests of the entity.
This Agreement describes the terms governing your use of the Maverick Edifice Services. It includes by reference:
You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Maverick Edifice. Maverick Edifice reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Maverick Edifice grants to you a personal, limited, nonexclusive, non-transferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
3.1 For Services offered on a payment or subscription basis, the following terms apply, unless Maverick Edifice or its third-party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services.
3.2 Payments will be billed to you in Ghanaian Cedis, U.S. dollars, Euros, or other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
You must pay with one of the following:
3.3 If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain. Maverick Edifice will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement. Additional cancellation or renewal terms may be provided to you on the website for the Services.
3.4 You agree you may receive invoices for the Services in an electronic form.
3.5 In the event that any payments, price and/or amount payable by you to Maverick Edifice is subject to (i) any withholding or similar tax; or (ii) any tax (including without limitation VAT) or other tax or levy not collected by Maverick Edifice; or (iii) any other tax or other government levy of whatever nature, the full amount of that tax or levy shall be solely your responsibility, and shall not reduce the amount to which Maverick Edifice is entitled under this Agreement. You agree to indemnify and hold Maverick Edifice harmless against any and all claims by any competent tax authority related to any such withholding or similar taxes, and any penalties and/or interest thereon.
Use of these Services may be available through a compatible mobile device, Internet and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. MAVERICK EDIFICE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
5.1 Data Processing and Privacy. (a) Maverick Edifice is the controller of the personal information it processes about you when you use the Services and (b) You acknowledge that Maverick Edifice will process your personal information as described in our Global Privacy statement when you use our Services.
5.2. Each party will comply with its obligations under any data protection laws applicable to the Services such as the General Data Protection Regulation of the United Kingdom or the European Union. This includes that you have obtained and transferred the personal information to us in compliance with your obligations.
6.1 Responsibility for Content and Use of the Services.
6.2 Restricted Use of the Services.
6.3 Community Forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Maverick Edifice does not support and is not responsible for the Content in these Community Forums. Please use respect when you interact with other users in the Community Forum. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Maverick Edifice is not responsible.
6.4 Maverick Edifice may freely use feedback you provide. You agree that Maverick Edifice may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Maverick Edifice a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Maverick Edifice in any way.
6.5 Maverick Edifice may monitor Content. Maverick Edifice may, but has no obligation to, monitor, review or edit Content access to or use of the Services or Content. We may disclose any information necessary to satisfy our legal obligations, protect Maverick Edifice or its customers, or operate the Services properly. Maverick Edifice, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7.1 Maverick Edifice does not give professional advice. Unless specifically included with the Services, Maverick Edifice is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other Maverick Edifice Services. You may be offered other services, products, or promotions by Maverick Edifice ("Maverick Edifice Services"). Additional terms and conditions and fees may apply. With some Maverick Edifice Services, you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.
7.3 Communications. Maverick Edifice may be required by law to send you communications about the Services or third-party products. You agree that Maverick Edifice may send these communications to you via email or by posting them on our websites.
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Maverick Edifice if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
7.5 Retention of records. You are responsible to retain, as required under any applicable law or standard, all of your documents. Except to the extent required by law, Maverick Edifice has no obligation to store, maintain or provide to you any information or documents you provide to Maverick Edifice.
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAVERICK EDIFICE, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. MAVERICK EDIFICE AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. TO THE EXTENT PERMITTED BY THE APPLICABLE LAWS OF GHANA, ANY IMPLIED WARRANTIES IN RESPECT OF THE SERVICES, SOFTWARE AND CONTENT ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAVERICK EDIFICE, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. MAVERICK EDIFICE AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. TO THE EXTENT PERMITTED BY THE APPLICABLE LAWS OF GHANA, ANY IMPLIED WARRANTIES IN RESPECT OF THE SERVICES, SOFTWARE AND CONTENT ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF MAVERICK EDIFICE, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, MAVERICK EDIFICE, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET MAVERICK EDIFICE SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF MAVERICK EDIFICE AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF MAVERICK EDIFICE, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE. NOTWITHSTANDING THE FOREGOING, NO PROVISION OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY THE APPLICABLE LAWS OF ENGLAND AND WALES AND FOR THE AVOIDANCE OF DOUBT MAVERICK EDIFICE DOES NOT EXCLUDE LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ANY OTHER LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED BY CONTRACTUAL AGREEMENT OF THE PARTIES.
You agree to indemnify and hold Maverick Edifice and its affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement or in all instance contemplated in Section 3.5 of Section A (collectively referred to as "Claims"). Maverick Edifice reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any Claims. You agree to reasonably cooperate as requested by Maverick Edifice in the defence of any Claims.
We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the modifications.
Maverick Edifice may, immediately, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, (i) if we determine that your use of the Services violates the Agreement, or applicable Maverick Edifice policy, or is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, or (ii) such termination or suspension is necessary to protect the integrity or availability of the Services or systems and comply with applicable Maverick Edifice policy, or (iii) if you no longer agree to receive electronic communications, or (iv) if your use of the Services conflicts with Maverick Edifice’s interests or those of another user of the Services. Upon receiving notice from Maverick Edifice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Maverick Edifice’s rights to any payments due to it. Maverick Edifice may terminate a free account at any time. Sections 2.2, 3 through 16 will survive and remain in effect even if the Agreement is terminated.
You agree that you and anyone who uses the Services, including the related website, online services and mobile apps, are not prohibited from using the Services under the laws and regulations of Ghana, the United States, England, Wales, European Union, a member state of the European Union or European Economic Area, Singapore, Australia or other applicable jurisdictions. For example, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals, the United Kingdom HM Treasury Financial Sanctions List, the European Union Consolidated Financial Sanctions List, United Nations Security Council Consolidated List, or are subject to any other similar prohibition promulgated by a member state of the European Union or European Economic Area, Singapore, Australia or other competent jurisdiction in which Maverick Edifice undertakes business. or any other similar prohibition.
You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these export control and sanctions laws and regulations, and will not transfer or provide any part of the Services or underlying software, in violation of these laws and regulations, directly or indirectly.
13.1. This Agreement and any non-contractual obligations arising out of or in connection with it will be governed and construed in accordance with by the laws of Ghana.
13.2. Subject to its conflicts of law principles Sections 13.4, 13.5 and section 12.6 of Section B of these terms, the parties hereby submit to the exclusive jurisdiction of the courts of Ghana to settle any dispute arising out of or in connection with this Agreement (including any dispute relating to the existence, validity or termination of this Agreement or non-contractual obligation arising out of or in connection with this Agreement).
13.3 Subject to Sections 13.4 and 13.5, the Parties agree that the courts of Ghana are the most appropriate and convenient forum to settle disputes in accordance with Section 13.2 and the Parties hereby waive any right to object to such proceedings on the basis of forum non being convenient.
13.4 Notwithstanding Section 13.2, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of Maverick Edifice’s or its Suppliers’ intellectual property rights may cause Maverick Edifice irreparable damage for which recovery of money damages would be inadequate. You agree that Maverick Edifice shall be entitled, in addition to any other remedies available to it, you agree that Maverick Edifice shall be entitled to seek (in any court, tribunal or similar judicial body of competent jurisdiction, such relief (whether equitable or otherwise) as Maverick Edifice consider appropriate and is available to prevent or restrain any breach or apprehended breach by you or otherwise to protect Maverick Edifice’s rights.
13.5 You agree not to object to the proceedings described under section 13.4 on any grounds, including on the basis of the forum not being convenient. You agree not to bring any action or defence or seek any relief that would or could prevent Maverick Edifice from commencing, bringing or continuing any legal or administrative proceedings any manner permitted under this Clause 13. To the extent allowed by law, Maverick Edifice may take any concurrent proceedings in any number of jurisdictions.
We may preserve data where and to the extent required for compliance and with any order or notice, whether issued to Maverick Edifice or to you, and whether issued by any court, tribunal, regulatory authority, arbitral tribunal or body or authority exercising judicial, quasi-judicial, regulatory, or arbitral power or authority, requiring the preservation of any data, information documents or Content (a "Preservation Order"). To the extent that a Preservation Order has been issued to you, you acknowledge that you are solely responsible for your compliance with it.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
This Agreement, including the Additional Terms below, is the entire agreement between you and Maverick Edifice regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer your rights and obligations under this Agreement to anyone without written approval of Maverick Edifice. Maverick Edifice may assign or transfer its rights and obligations under this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Maverick Edifice or (c) a successor by merger. Any assignment or transfer in violation of this Section shall be void.
ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES Your use of the Services provided by Maverick Edifice (as defined in the Section A Terms) and described below are subject to the Section A Terms above and these Additional Terms and Conditions (“Section B Terms”). These Section B Terms will prevail over any conflict or inconsistency with the Section A Terms.
Each of the following products and services are referred to in this agreement as "Service" and together as “Services”:
1.1 Modification to Services. We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator’s (as defined below) email address. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.
2.1 Types of Users. The Services allow the following types of access and user rights: When you initially register for and create an account for a Service, you are, or a party that you authorize is, the administrator (“Administrator”). Administrators may authorize additional individuals/users to access the Services through the same account, subject to limitations based on the subscription you purchase (such users, “Additional Users”). Additional Users may include, for example, your employees, accountant, contractors, agents, and clients. You may be referred to in this Agreement as “you”, “your”, or “User”, or you may be referred to specifically in your applicable role as an Additional User or an Administrator. All Additional Users will be required to accept the Agreement before accessing the Services. With each MDO Account you access, you agree to these terms as an Administrator or an Additional User, as applicable. As any User of the Services, unless otherwise explicitly stated in this Agreement, all of these terms apply to you each time you access the Services.
2.2 For Administrators. As an administrator the following applies to you. Only Administrators may designate another individual as a replacement Administrator and you are responsible for your Additional Users' access to the Services. Depending on the types of access rights you grant to Additional Users, Additional Users may be able to delete, copy, or view the Content and data accessible in your account and add charges to the subscription. As Administrator, you are responsible for the access to the Services you grant to Additional Users. If you choose to close or terminate your access to a Service or delete all of the data in a Service, Additional Users will no longer be able to access such Services or any Content (defined in the Section A Terms) within the Service. If you are an Administrator, you agree to provide sufficient prior notice to your Additional Users of your desire to terminate access to the Services. Any violation of the Agreement by any Additional User may result in the termination of an Administrator’s or other Additional User’s access to the Services. Additional Users may not have the same level of access or rights as an Administrator. You warrant that you have obtained all necessary authorizations from each Additional User to: (i) act as their agent in using the Services on their behalf and you accept all liability arising from their use of the Services; and (ii) allow Maverick Edifice to provide the Services.
2.3 For Additional Users. As an Additional User, the following applies to you: When you register to access an account for which you are not an Administrator, you understand that you are accessing the Service as an Additional User and you may not have the same level of access or the same rights as an Administrator. Depending on the types of rights you are granted by the Administrator, you may be able to delete, copy, or view other User’s Content and data. Please make sure that you have an agreement with the Administrator about your role and rights. If an Administrator chooses to close or terminate access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service. As an Additional User, you understand that if you violate this Agreement, your access to our Services may be terminated, and we retain the right to also terminate access for any other Users of the same account.
3.1. Payment for Services. The Services are licensed on a monthly or yearly subscription basis to the User that pays for the Service. As the Administrator, you may choose whether you or another User pays for the license. Please review all of the details of the subscription that you purchase; some subscriptions provide access to one Service and others provide access to more than one Service.
3.2. Subscription Cancellation. The Administrator may notify us if he or she wants to cancel the subscription prior the beginning of the new subscription period. In the event that Maverick Edifice is unable to charge a User’s chosen payment method in accordance with this Agreement, we may terminate this Agreement and access to the Services immediately, without notice. If you stop using the Services, Maverick Edifice has fulfilled your subscription term. Fees for the Services are not eligible for any proration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated. After your access to the Services is terminated, you may no longer have access to any of the data or Content in the Services. We suggest you retain your own copies of any data or Content that you may need as Maverick Edifice is not responsible for providing you with access to your Content or the Services after any cancellation or termination of this Agreement.
3.3. Additional Payment Terms. For all Users: (i) Under this Agreement, the payment processing services for goods and/or services purchased on this website are provided by a third-party; and (ii) In the event you choose to pay with credit card and the payment will be processed via a third-party, these terms are an agreement between you and Maverick Edifice Limited.
If you registered for a trial use of the Service ("Trial Period"), you must decide to purchase a license to the Service, at the current rate, within the Trial Period in order to retain any Content that you have entered through the Services, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to the Services by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Service during the trial period, if you decide not to purchase the license to the full version of the Service, you will not be able to access or retrieve any of the data you added or created with the Services during the trial.
From time to time, Maverick Edifice may, at its sole discretion, include new and/or updated beta features ("Beta Features") in the Services for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and Maverick Edifice is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk. Maverick Edifice is under no obligation to develop, support, maintain or market the Beta Features or to release production or general availability versions. Future versions of the Beta Features, if any, may not be compatible with the current release of the Beta Features.
You acknowledge and agree that in order to provide you with access to and use of the Services, Maverick Edifice may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the "Current Administrator"), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by Maverick Edifice to effectuate such replacement. Any other person You identified as an authorized user of the Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.
6.1 The terms "Controller," "Processor," "data subject," "personal data (also referred to as Personal Information in the Agreement)" and "processing" (and "process") shall have the meanings given in the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation).
6.2 GDPR. Sections 6.3 to 6.5 apply as follows:
(a) if you are established in the European Economic Area, then Sections 6.3 to 6.5 will apply;
(b) if you are established outside the European Economic Area but are subject to the GDPR due to your processing of the Shared Data (as defined in Section 6.3), then Sections 6.3 to 6.5 will apply but only regarding the Shared Data that makes you subject to the GDPR;
(c) if you are established outside the European Economic Area and are not subject to the GDPR, then Sections 6.3 to 6.5 will apply to the extent applicable in your jurisdiction.
6.3 Shared Data. "Shared Data" means personal data about anyone that is provided by you to us under this Agreement, but excluding personal data about you if you have entered into this Agreement as an individual. You further acknowledge and agree that Maverick Edifice may provide data in your account to any Additional Users to which that data is applicable or personal to you.
6.4 Public Content. As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data ("Account Content") with other Users, other Maverick Edifice customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not Maverick Edifice, for information and guidance purposes only, and Maverick Edifice and such User are not responsible in any way for your use the Account Content.
6.5 Telephone numbers. You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Maverick Edifice may use your telephone number for "multi-factor authentication" ("MFA"), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve Maverick Edifice sending text messages containing security codes to your telephone number. You agree to receive these texts from Maverick Edifice containing security codes as part of the MFA process. In addition, you agree that Maverick Edifice may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services. Additionally, Maverick Edifice may use your telephone number to contact you about special offers or other Maverick Edifice or third-party products or services unless you opt out of such marketing. With MFA, you also agree and consent to us obtaining and using information from your mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to Maverick Edifice (such information may include from your mobile phone service provider account record: your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber details).
7.1. General. In connection with your use of the Services and as part of the functionality of certain versions of the Services, you may wish to have access to your online account(s) and financial information, including your account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your financial institution(s) (collectively, your "FI Login Data") and the data made available by your financial institutions(s) with such data, which may include bank balances, transaction activity, credit card charges, debits and deposits, and any messages or notices between you and the financial institution(s) ("FI Account Data"). The Services are designed to allow you to access and download your FI Account Data through the Services, to allow Maverick Edifice to access your financial institution account(s) using your FI Login Data, to allow Maverick Edifice to download and use your FI Account Data, and to allow Maverick Edifice to aggregate and combine your FI Account Data with other data. If you lose or forget your username or password, it will be necessary for you to return to the appropriate financial institution if you have any problems with respect to that user name or password.
You acknowledge and agree that except as set forth this Agreement, Maverick Edifice has no control over your FI Login Data and no control over the access to your FI Account Data, does not guarantee that you will be able to use the Services with your financial institution(s), and will have no liability whatsoever for any actions or inactions on the part of the financial institution(s) resulting in your inability to use the Services to access your accounts, obtain data, download transactions, or otherwise use or access your FI Account Data.
7.2. Collection of FI Login Data and FI Account Data. By agreeing to these terms and conditions, you:
7.2.1 acknowledge that in accessing your financial institution account(s) through the Services, your FI Login Data and FI Account Data may be collected, converted, stored in encrypted form and used by Maverick Edifice in Ghana for the purpose of providing the Services;
7.2.2 authorize Maverick Edifice to (i) collect and store in encrypted form your FI Login Data, (ii) access the financial institution(s)’ websites using your FI Login Data, from time to time; (iii) download and store your FI Account Data; (iv) reformat and manipulate your FI Account Data; (v) create and provide hypertext links to your financial institution(s) FI Account Data; (vi) enhance the type of data and services we can provide to you in the future, and (vii) take such other actions as are reasonably necessary to perform the actions described in this Agreement as it relates to your use of the Services;
7.2.3 hereby represent that the financial institution(s)’ account(s) and FI Login Data belong to you, you have the right to use the FI Login Data and FI Account Data as set out above and that you have the authority to appoint, and hereby expressly do appoint, Maverick Edifice as your agent with all necessary power and authority to use your FI Login Data and to access and retrieve your FI Account Data, as described above, on your behalf;
7.2.4 acknowledge that Maverick Edifice does not review your FI Account Data and agree that Maverick Edifice is not responsible for its completeness or accuracy;
7.2.5 acknowledge that any transactions or informational activities performed at any financial institution(s)’ website are not made through the Services and Maverick Edifice assumes no responsibility for any such transactions or activities; and
7.2.6 acknowledge that you are solely responsible for any charges, fees or costs associated with your financial institution account(s) when accessed through the Services by you or by Maverick Edifice.
7.3. Information from Financial Institutions’ Websites. You acknowledge that (i) some financial institution(s) may not permit Maverick Edifice or other third parties to have access to FI Login Data or to allow the Services to access your FI Account Data; (ii) financial institution(s) may make changes to their websites, with or without notice to you or Maverick Edifice, that may affect the overall performance of the Services and prevent or delay aggregation of data from such websites; and (iii) the Services refreshes your Services account data by collecting the FI Account Data automatically or manually
(depending on your financial institution(s) or any changes by you that may require an update), so your most recent transactions may not always be reflected in the account balances or other account information presented to you by Maverick Edifice through the Services. If you see a discrepancy in your Services account data as compared to your FI Account Data, and in any case before making any transactions or decisions based on such account data presented in the Services, you should check the last refresh date for your financial institution account(s) and confirm the accuracy of the Services account data against your FI Account Data and manually update such data as necessary.
You may have the option for Maverick Edifice to transfer your data files from the Services in order to facilitate certain interoperability, data integration, and data access between the Services and certain supported ancillary services (the "Ancillary Services") you may sign up for and use in connection with the Services (the "Online Data Transfer"). In order for you to select the Online Data Transfer option, you must (i) have registered select versions of the Services, (ii) have Internet access, (iii) have an active subscription to the Services; and (iv) and may need to be an active subscriber to the Ancillary Services. If you select the Online Data Transfer option, a copy of all or part of your company data files will be transferred via the Internet to Maverick Edifice’s servers; where you grant Maverick Edifice the right and license to (i) host and maintain your data, (ii) use and transfer your data to the Ancillary Services and (iii) reformat and manipulate your data as reasonably necessary for the data to function with the Ancillary Services. Your original data files will remain in the Services. If you sign up for any Ancillary Services that support Online Data Transfer, you will have the option to request that Maverick Edifice send your data to any of those supported Ancillary Services. If a supported Ancillary Service is provided by a third party, you authorize Maverick Edifice to transfer your data to and from the third-party provider to enable provision of the Ancillary Services to you. Maverick Edifice will support and maintain the data transfer service as part of the Services. You agree that the third-party provider may transfer your data from the Ancillary Service to Maverick Edifice, and that, Maverick Edifice may use such data subject to the terms of this Agreement. You agree and acknowledge that Maverick Edifice has no control over any third-party provider or any third-party Ancillary Services. Your use of the Ancillary Service is subject to additional third-party terms and conditions. Please carefully review their terms and conditions, including privacy policy. If you do not agree with their terms and policies, you should not use or access the third-party Ancillary Service and you should not authorize the Online Data Transfer to the third-party Ancillary Service.
Maverick Edifice shall have the right, in its sole discretion and with reasonable notice posted on an Maverick Edifice website and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the Services and establish or change limits concerning use of the Services, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Services at any time, and (ii) the number of times (and the maximum duration for which) you may access the Services in a given period of time. Maverick Edifice reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes. Maverick Edifice may, from time to time, perform maintenance upon the Services resulting in interrupted service, delays or errors in the Services. Maverick Edifice will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
Upon cancellation you will be able to access the Services only through the end of the subscription term, as specified in the product or product program pages. After the subscription term ends, you will not have any access to the Services. There are no refunds upon cancellation. Please follow product instructions to cancel your account.
Maverick Edifice may provide experiences on social media platforms such as Facebook®, X®(Formerly Twitter) and LinkedIn® that enable online sharing and collaboration among anyone who has registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
Maverick Edifice may tell you about third-party products or services, including via the Service. Maverick Edifice may offer products and services on behalf of third parties who are not affiliated with Maverick Edifice ("Third-Party Products") and/or provide access or links to third party websites ("Third-Party Sites"). If you decide to use any Third-Party Products or access any Third-Party Sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. Maverick Edifice is not affiliated with these Third-Party Products or Third-Party Sites and does not endorse or recommend Third-Party Products even if such products are marketed or distributed via our products, website or associated with Maverick Edifice in any way. You agree that the third parties, and not Maverick Edifice, are solely responsible for the Third-Party Product’s performance (including technical support), the content on their websites and their use or disclosure of your data. Maverick Edifice will not be liable for any damages, claims or liabilities arising from the third parties, Third-Party Products or Third-Party Sites. You agree that you will (i) comply with all applicable laws, regulation and ordinances; (ii) not use the Third-Party Products in any manner that would infringe or violate the rights of Maverick Edifice or any other party; and (iii) not use the Third-Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.