Introduction

We appreciate your visit to Hypetag.com (the "Site") and our mobile application (the "App") as well as your interest in our terms and conditions ("Terms").

Please carefully read these terms, paying special attention to the sections about allergens and binding arbitration, which include a waiver of class actions and class arbitrations. YOU ARE NOT PERMITTED TO USE Hypetag in any way or form if you do not agree to all of the terms in this agreement.

This Site and the App are owned and run by Hypetag ("Hypetag," "We," "Our," "Us," or "Company"). The following Terms are a contract between you and us when you: Purchase,Sell or Receive any goods through the Site and/or App, including, but not limited to Hypetag's "Products".

Acceptance of these Terms is required in order to use this site or the app. Do not use this site or the app or place any orders from it if you do not agree to these terms.

Read More About us

Hypetag is a limited liability company located in Nigeria.

Information Used

Users in Africa are the intended audience for the website and app ("Serviced Countries"). We are hoping to serve Africans all around the Globe and spread Africa's creativity worldwide. Therefore, you confirm and warrant that you are at least 16 years old, legally able to enter into these Terms, a resident of a Serviced Country, and that you are visiting our Site or App from a Serviced Country by placing an Order through our Site or App.

Modification

The Terms (including the Privacy Policy) are subject to change at Hypetag's sole discretion without prior notice to you, provided that:

• modifications to the dispute resolution procedures shall only apply to disputes that arise after the modified or additional provision is published on the Site or App and
• modifications to the prices or the method by which Hypetag will bill customers shall only apply to orders placed after the modified or additional provision is effective. Any additional changes or adjustments to the Terms shall take effect right away after being posted on the website and mobile application.

You should review the Terms prior to using Hypetag, as well as periodically after that. The most recent Terms will be posted on the Site and the App. You agree to abide by and be governed by all of the terms and conditions in the Terms in force at the time you access Hypetag.

We further reserve the right, without prior notice and without incurring any obligation or liability to you, to change any and all Content as well as modify, suspend, or discontinue access to the Site or App, or any features or functionality of the Site or App.

1. Registration

You agree to provide only true, accurate, current, and complete information on the registration form (the "Registration Data") when creating an account for the Services ("Account"), and to promptly update the Registration Data as necessary going forward. You guarantee that no applicable legislation prohibits you from using the Services and that you will be accountable for all actions taken under your Account. You consent to keeping an eye on your Account to prevent minors and other unauthorized users from using it, and you also consent to keeping your Account and password private.

You additionally consent to exiting from your Account at the end of each session and notifying Hypetag right away of any unauthorized use of your password or any other security breach of your Account. If you have previously been barred from using any of the Services, you agree not to register an Account under a false name or alias. Furthermore, you acknowledge that you won't ever maintain more than one Account for the same Hypetag service. Any username may be deleted or reclaimed at any moment and for any cause by Hypetag. You understand and agree that Hypetag owns all rights in and to your Account and that these rights benefit Hypetag and that you have no ownership or other property interest in your Account.

2. Order Process

2.1 Order Acceptance
Every component of any order you place with Hypetag is an offer to buy. Please contact our Customer Support before entering your purchase again if you do not receive a message from Hypetag verifying receipt of it.

The fact that Hypetag has acknowledged receiving your order does not signify that your order has been accepted. Only once the item(s) you ordered (the "Product") have been delivered can you consider Hypetag to have accepted your order.

2.3 Returns
When you buy a product from us, we want you to be satisfied with it. If you have any questions or concerns about the Product or would like to return any other Product you bought using the Services, please feel free to contact us at (EMAIL). You can also refer to our Return & Refund Policy.

2.4 Refunding an Order
Hypetag retains the right to cancel your order and issue a refund for the purchase price of the Product if any Product is discontinued or otherwise becomes unavailable.

2.5 Prohibitions Against Resale
Any resale of Products for personal or professional gain is absolutely banned in order to safeguard the intellectual property rights of Hypetag and its suppliers and licensors. Hypetag has the right to reject any order that we believe to have resale tendencies.

2.6 Third-Party Supplier
Order fulfilment is handled by a third-party service provider for Hypetag. By placing an order for any Product through the Services, you agree that the Company is not liable or responsible for any delays brought on by orders placed with such a third-party service provider.

3. Fees and Terms of Purchase

3.1 Payment
You consent to paying for any orders placed through your Account in accordance with the costs and billing conditions in force at the time the order is placed. Furthermore, you consent to paying any necessary taxes. You must supply valid payment information, such as a debit/credit card (Visa, MasterCard, or any other issuer authorized by us) or Paystack account, in order to place a purchase through the Services. By giving Hypetag your payment information, you consent that no further notice or permission is necessary and that Hypetag is hereby allowed to instantly invoice your Account for all fees and charges due and payable to Hypetag hereunder.

If your billing address, credit card, debit card, or Paystack account used to make payments under this agreement change, you undertake to let Hypetag know right away. Paystack ("Paystack") is a third-party service provider that Hypetag uses for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby agree and permit Hypetag and Paystack to share any information and payment instructions you submit to Hypetag and Paystack in order to complete your transactions. By sending an email to (email) or updating your account information, you promise to immediately notify Hypetag of any change in your payment details. Hypetag retains the right to alter its costs and payment options at any moment. Please get in touch with (email) if you have any billing issues.

3.2 Refunds
All costs are non-refundable unless otherwise specified in any specific Return & Refund Policy stated on the Services.

4. User Content

4.1 The person responsible for charge of the content
You agree that the party from whom any content originates is solely responsible for that content. This means that all content that a User makes public through the Services (hence, "User Content") is solely their responsibility. No content must be pre-screened by Hypetag. You do so at your own risk while using any User Content or interacting with other Users. Without limiting the aforementioned, Hypetag retains the right to pre-screen, reject, or remove any content at its sole discretion. Any content that contravenes this Agreement or is otherwise objectionable to Hypetag may be removed at Hypetag's discretion.

4.2 Your Content's Ownership
Any User Content ("Your Content") that you make available on the Services is not Hypetag's property. Except with respect to Your Content, you agree that you have no right to any content that appears on or in the Services other than Your Content, and that you, as a User, have all necessary rights to post or publish Your Content on or in the Services and grant Hypetag the license set forth below in Section 4.3.

4.3 Permission To Use Your Content
You give Hypetag permission to use and display Your Content (in whole or in part) for its own business goals, including without limitation, to operate and improve the Services, monitor how Users interact with the Services, and create new goods and services, subject to any applicable Account settings that you choose. Keep in mind that any of your Content that you post to a "public" area of the Services is subject to search, viewing, use, modification, and reproduction by other Users.

5. Selling

5.1
Hypetag owns and runs a platform that enables sellers to market their goods to consumers online. This platform is presently offered on the website, but in the future it might also be offered on other websites or applications.

The seller will have the option to use the Hypetag platform to sell their goods. Hypetag has the right to accept orders on the seller's behalf. Only receiving orders and payments from customers on behalf of the seller is the scope of the service offered by Hypetag. In addition, Hypetag reserves the right to offer the seller further marketing assistance and analytics about the performance of the seller's items. This assistance may be indicative of the agreed-upon level of commission.

Hypetag is authorized by the business to take binding orders from customers on their behalf. Hypetag has the right to make modifications to the website or service, or to suspend operation, at any time.

5.2 Our Right
Hypetag is authorized to accept binding sales on behalf of the seller and will take care to transfer order data to the seller as technology allows.
Hypetag will display the items offered by the seller on its website. The seller will be in charge of listing their own items.
The seller agrees that the connection between consumers and Hypetag is controlled by the privacy policy and the general terms and conditions, both of which are available on the website. In order to preserve its reputation for quality and high standards of service, Hypetag maintains the right to terminate the seller's partnership if the seller consistently receives negative reviews or complaints, or fails to comply with our suggestions.

5.3 Your Right
The seller guarantees that all information provided about their items on Hypetag complies with legal requirements, including consumer protection standards. When listing a product on hypetag.com, the seller must include comprehensive details such as a descriptive title and subtitle, price, quantity, image, and description. Misrepresentation of merchandise is prohibited. Any changes to the listing details will be reviewed by Hypetag.
The seller is responsible for maintaining accurate inventory information for all items displayed on Hypetag.
The seller ensures that their provided information does not infringe on any third-party intellectual property rights. Without Hypetag's prior approval or an explicit request from the consumer, the seller must not send commercial advertisements to clients via items sent to Hypetag's warehouse. Items sent to the warehouse must not contain advertisements for Hypetag's competitors or the seller's personal platform. All counterfeit and illegal products are strictly prohibited and, if detected, will be destroyed and properly disposed of. If a seller cannot fulfill an order by sending it to Hypetag's warehouse for delivery, they must notify Hypetag within one day of receiving the order. Additionally, at contract signing, the seller must provide Hypetag with a copy of their valid ID.

5.4 Royalty
Hypetag has the right to begin collecting extra charges for the sale of items via the Hypetag platform at any time. Premium Listing fees, multiple photo fees, and enhanced marketing costs are examples of these. If additional costs are introduced, the seller will be notified in writing prior to their implementation, and they will have the opportunity to opt out.
The seller agrees to pay Hypetag a predetermined percentage commission on gross revenue generated by Hypetag platform sales. Depending on the category, different commission percentages for certain goods or product categories may be suitable. Hypetag retains the right to change the % fee as long as the seller is given adequate notice. Any royalty modifications will be communicated to the seller in writing by Hypetag. This excludes modifications that represent a major change in the contract conditions, which would need a separate agreement on the change.

6. Comments

You acknowledge that any ideas, recommendations, documents, and/or proposals that you provide to Hypetag (collectively, "Feedback") are done at your own risk and that Hypetag is under no duty to act on such Feedback. You affirm and guarantee that you own all essential permissions to submit the feedback. You therefore allow Hypetag the right to use any Feedback at any time and in any form without seeking further authorization or payment.

7. Service Ownership and Licence to use

7.1 Usage of the Services
Hypetag and its suppliers are the sole owners of all rights, titles, and interests in and to the Services, excluding User Content. Worldwide copyright and other intellectual property laws safeguard the Services. Hypetag gives you a restricted license to use the Services solely for private, non-commercial activities, subject to this Agreement. The terms of this Agreement shall apply to any upcoming service release, upgrade, or other addition. All rights not expressly granted in this Agreement are reserved by Hypetag, its suppliers, and service providers.

7.2 Brand Names
The stylized name of Hypetag and other associated graphics, logos, trademarks, service marks and trade names used on or in connection with the Services are Hypetag property and may not be used in conjunction with any third-party goods or services without our express consent. The proprietors of any other trademarks, service marks, or trade names that may be used on or in connection with the Services. Any copyright notices, trademark, service mark, or other property rights notices included in or accompanying the Services may not be removed, altered, or obscured by you.

8. Limitations on Service use

The following limitations apply to the rights granted to you by this Agreement:

• you may not: license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services;
• frame or utilize framing techniques to enclose any trademark, service mark, logo, or Services (including images, text, page layout, or form) of Hypetag; and
• use any tags or other "hidden text";
• You may not "scrape" or download data from the Services using any manual or automated software, hardware, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like). We do, however, give public search engine operators revocable permission to use spiders to copy materials from the Website solely for the purpose of and to the extent necessary for creating publicly available searchable indexes.
• you are prohibited from using the Services to create a website, application, or service that is similar to or comparable;
• Other than as specifically permitted herein, no part of the Services may be distributed, reprinted, copied, displayed, downloaded, posted, or otherwise transmitted in any way;
• You must not alter or attempt to alter the correct operation of the Services, or use the Services in any manner not expressly authorized by this Agreement;
• You must not remove or delete any copyright notices or other property markings present on or in the Services; and
• You must not try to harm our Services, including but not limited to violating or attempting to violate any related security features, adding viruses, worms, or other harmful code to the Services, or by interfering with, or attempting to interfere with, the use of the Services by any other user, host, or network, including through overloading, "flooding," "spamming," "mail bombing," or "crashing" the Services. The permissions granted by Hypetag under this Agreement are terminated by any unlawful use of the Services.

9. Services Provided by Third Parties

9.1 Authorization For Hypetag To Contact Me
Subject to receiving any consent from you necessary by relevant legislation, we may provide communications via calls, texts, or similar technologies (including via automatic telephone dialing system or other technology). These messages may be delivered or started by Hypetag or any of its service providers, such as when we text you to confirm, process, and update you on the progress of an order you place with us, send you a receipt, or for any customer service, account-related, or marketing purpose.

By signing up for Hypetag SMS notifications, you consent to receive automated marketing texts from us at the phone number you gave during the signup process. These texts may be sent through an automatic telephone dialing system or another type of technology. Purchase is not subject to consent. Data and message rates can be charged. Marketing communications are sent repeatedly, but other messages may come more frequently or less frequently depending on how you use our platform. Reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any SMS you receive from a short code run by Hypetag to stop receiving texts from that number.

You acknowledge that we may message you to confirm that we have received such requests. You accept and agree that using any method other than texting the opt-out commands described above is not a legitimate way to opt-out, that our platform might not be able to recognize or honor such requests, and that Hypetag will not be held responsible for doing so. Reply HELP to any text message you get if you need help with anything related to text messages. You can reach our customer service department via email at (email).

Text messaging service may not be available everywhere and some mobile devices may not be supported. You understand and accept that Hypetag and the mobile carriers we serve are not responsible for texts that are misrouted or never sent. You affirm that to the best of your knowledge, all information you submit through the Services—including, but not limited to, your phone number(s) and other contact information—will be accurate, up-to-date, and true. You agree that Hypetag may use this data as set forth in our Privacy Policy.

9.2 Acceptance Of Call Monitoring And Recording
You understand and consent to the possibility of recording and/or monitoring any telephone conversations you have with Hypetag representatives for training, quality control, or other business-related objectives.

10. Services Provided by Third Parties

Links to third-party services, such as websites, applications, or advertisements, may be found within the Services ("Third-Party Links"). We won't notify you that you've left the Services when you click on one of these links. Third-Party Links are not under the control of or under the authority of Hypetag. In addition to not reviewing, approving, monitoring, endorsing, warranting, or making any claims about them or any material, goods, or services available through them, Hypetag merely offers these Third-Party Links as a convenience. All Third-Party Links are used at the user's own risk. The terms of our Agreement and rules no longer apply once you exit the Services. Before engaging in any transaction with a third party, you should check the applicable terms and policies, including privacy and data collection practices, of any Third-Party Links and conduct any research you deem necessary or appropriate.

11. Indemnification

You consent to defend, indemnify, and hold harmless Hypetag, its corporate parents, subsidiaries, and affiliates, as well as the officers, directors, employees, agents, representatives, partners, and licensors of each (collectively, the "Hypetag Indemnities") from any claims that may result in any of the following which may constitute a violation of the law:

• Your Content;
• Your Misuse of the Services;
• use any tags or other "hidden text";
• Your Violation of This Agreement;
• Your Violation of Any Rights of Any Other Party, Including Any Users; or
• Your Violation of Any Applicable Laws, Rules or Regulations. If Hypetag elects to take the sole defense and control of any matter that would otherwise be your responsibility to indemnify, you agree to fully assist Hypetag in putting forth any relevant defenses. Hypetag has the right to do so at its own expense.

This clause exempts you from having to compensate any of the Hypetag Indemnities for any unethical business practices, carelessness, fraud, deception, false promises, misrepresentation, or the suppression or omission of any significant fact by such a party. You acknowledge that in the event that your Account, this Agreement, or your access to the Services are terminated, the terms of this section shall remain in effect.

To the fullest extent permitted by applicable law, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES AND ANY PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE HYPETAG INDEMNITEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF SELLERABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

This Section 12 has no impact on our return policy for the products in any way. Descriptions, illustrations, references, features, content, product specifications, prices, and availability are all subject to change without prior notice. ON THE SERVICES, YOU CAN FIND OUR CURRENT PRICES. We try our best to accurately represent the characteristics of our products, including the relevant colors, but we can't guarantee that your computer will do so. The actual color you see will depend on your computer system.

ANY PRODUCTS INCLUDED ON THE SERVICES AT A PARTICULAR TIME DO NOT IMPLY OR WARRANT THAT THEY WILL ALWAYS BE AVAILABLE. NO LIMITATIONS ARE ALLOWED ON IMPLIED WARRANTIES UNDER SOME STATE LAWS; THUS THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU UNDER SUCH LAWS, AND YOU MAY ALSO BE ENTITLED TO ADDITIONAL RIGHTS.

12. Limitation of Liability

12.1 Exclusion of Specific DamagesHYPETAG INDEMNITEES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUES OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

12.2 Disclaimer of Conduct by Third PartiesYOU ESPECIALLY ACKNOWLEDGE AND AGREE THAT THE HYPETAG INDEMNITEES ARE NOT RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTIES ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY USERS OF THE SERVICES.

12.3 Liability CapIN NO EVENT SHALL THE TOTAL AGGREGATE AMOUNT OF LIABILITY OF THE HYPETAG INDEMNITEES TO YOU EXCEED THE GREATER OF

• THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO HYPETAG DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY

12.4 User Settings And ContentTHE HYPETAG INDEMNITEES ACCEPT NO LIABILITY FOR ANY CONTENT, USER COMMUNICATIONS, OR PERSONALIZATION SETTINGS THAT ARE NOT TIMELY, ARE DELETED, ARE DELIVERED INACCURATELY, OR ARE NOT STOCKED.

12.5 Basis Of the AgreementTHE ABOVE-STATED LIMITATIONS OF DAMAGES FORM A ESSENTIAL PART OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND HYPETAG.

12.6 ExclusionsCERTAIN DAMAGES CANNOT BE EXCLUDED OR LIMITED UNDER THE LAWS OF SOME STATES; THEREFORE,THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU UNDER SUCH LAWS , AND YOU MAY HAVE OTHER RIGHTS.

13. The Process for Filing Copyright Infrigement Claims

If you believe that any material made available through the Services violates your copyright rights, kindly give the following details to our Copyright Agent:

A written statement stating that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or licensee. This written statement must include the following:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of the location on the Services of the material that you claim is infringing;
• your address, and telephone number;
• A declaration from you, made under oath, confirming the accuracy of the information in your notification and your status as the copyright owner or an authorized representative of them. Hypetag Ltd., Attn: Copyright Manager, should receive any correspondence involving notice of accusations of copyright infringement (address).

14. Dismissal

Hypetag reserves the right to change or cancel the Services at any time and for any reason, with or without prior notice, and without incurring any obligation to you or any third parties. Hypetag reserves the right to take necessary legal action, including (without limitation) pursuing civil, criminal, or injunctive relief, in addition to restricting or terminating your access to the Services. This Agreement will continue to be enforceable against you even after your permission to use the Services is revoked, and any outstanding sums you owe Hypetag for bought products will continue to be owed. All terms that by their nature are intended to survive termination of this Agreement will also survive, including without limitation Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18

15. International Users

Hypetag manages and provides the Services from its facilities in Nigeria. Hypetag makes no claims that the Services are suitable for use or accessible in other locations. Users who access or use the Services from other nations do so voluntarily and are in charge of adhering to local laws there.

16. Dispute Resolution

Please pay close attention to the accompanying arbitration agreement ("Arbitration Agreement") in this section. It limits the ways in which you can seek redress from Hypetag, its parent companies, subsidiaries, affiliates, successors and assigns, and all of their officers, directors, employees, agents, and representatives (collectively, the "Hypetag Parties"). It also requires you to arbitrate disputes with the Hypetag Parties.

16.1The Arbitration Agreement's Applicability You and the Hypetag Parties acknowledge and agree that any dispute relating in any way to the Services, the Products, or this Agreement will be settled through binding arbitration as opposed to litigation, with the following exceptions:

• you and the Hypetag Parties may file individualized claims in small claims court if the claims are allowed there, continue there, and be heard solely on an individual, non-class basis; and
• you and the Hypetag Parties may file individualized claims in district court if the claims are allowed and
• For any infringement or other abuse of intellectual property rights, you or the Hypetag Parties may ask the court for equitable redress (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement will remain in effect even after this Agreement expires or is terminated, and it will cover any claims—without exception—that developed or were made before this Agreement's Effective Date or the Effective Date of any earlier version of this Agreement.

You are still free to bring problems to the attention of local, state, or federal authorities despite this arbitration agreement. If the law permits, these organizations can file a lawsuit on your behalf against the Hypetag Parties.

16.2 Arbitration Procedures and LocationThis Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act. You must write to Hypetag Inc. with a letter requesting arbitration and outlining your claim in order to start an arbitration case (address).

16.2 Arbitration Procedures and LocationThis Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act. You must write to Hypetag Inc. with a letter requesting arbitration and outlining your claim in order to start an arbitration case (address).

16.3 Arbitrator AuthorityAny disagreement about the interpretation, applicability, enforceability, or formation of this arbitration agreement, as well as any claim that all or a portion of this arbitration agreement is void or voidable, shall be resolved only by the arbitrator, who shall have exclusive authority to do so. The rights and obligations, if any, of you and the Hypetag Parties will be decided by the arbitrator. The arbitrator has the power to grant motions that completely or partially dispose of any claim or dispute.

The arbitrator has the power to award monetary damages as well as any non-monetary relief or remedy that a specific party may be entitled to under this Agreement, applicable law, and the rules of the arbitral venue (including the Arbitration Agreement). Any award (or decision not to render an award) will be supported by a written award and statement of decision from the arbitrator, which will include the amount of any awarded damages as well as the key findings and conclusions. The arbitrator must adhere to the relevant laws. Similar to how a judge in a court of law would be able to grant relief on an individual basis, the arbitrator has this power. You and the Hypetag Parties are required to abide by the arbitrator's decision.

16.4 Jury Trial WaiverYOU AND THE HYPETAG PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, EXCEPT AS SPECIFIED IN SECTION 16.1. Instead, except as provided in Section 16.1 above, you and the Hypetag Parties are electing that all covered claims and disputes should be resolved only through arbitration under this Arbitration Agreement. An arbitrator is bound by this Agreement and has the same authority to award damages and other relief on an individual basis as a court would. However, there is no judge or jury in arbitration, and the court can only review a very small portion of an arbitration ruling.

16.5 Release from Class Action or Other Non-Individualized ReliefYOU AND EACH OF THE HYPETAG PARTIES AGREE BY ENTERING INTO THIS ARBITRATION AGREEMENT THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION MAY NOT BE BROUGHT TO ARBITRATE ANY CLAIM OR DISPUTE SUBJECT TO ARBITRATION UNDER THIS ARBITRATION AGREEMENT. For claims subject to arbitration under this arbitration agreement, only individual relief is available, and claims of one user or person cannot be arbitrated or combined with claims of any other user or person.

The applicable claim must be severed from the arbitration and brought into the state or federal courts in Abuja in accordance with Section 18.5 if applicable law prevents enforcement of any of this Section 17.5's limitations as to a specific claim for relief. Arbitration will be used for all other claims.

16.6 30-day Right to Withdraw ConsentBy giving a timely written notification of your choice to opt out to Hypetag Inc. at the address listed below, or by email to (email), within 30 days of first becoming subject to this Arbitration Agreement, you have the right to reject the terms of this arbitration agreement. Your name, address, and a clear declaration that you want to opt out of this Arbitration Agreement must all be included in your notice. All other provisions of this Agreement will still be applicable to you even if you choose to opt out of this Arbitration Agreement.

Any other arbitration agreements that you may have now or in the future with us are unaffected by your decision to opt out of this one.

16.7 Agreement SurvivalThe Agreement or your connection with Hypetag may be terminated or expire, but this Arbitration Agreement shall remain in effect.

16.8 AlterationDespite anything to the contrary in this Agreement, we agree that if Hypetag changes this Arbitration Agreement materially in the future, you will have the right to reject that change in writing within thirty (30) days of it taking effect by sending a letter to Hypetag at the following address: Hypetag Inc. (email).

17. General Requirements

17.1 Electronic CommunicationWhether you visit the Services, send Hypetag emails, or Hypetag posts notices on the Services or contacts you via email, all communications between you and Hypetag are conducted electronically. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Hypetag provides to you electronically will have the same legal effect as those communications or documents if they were set forth in "writing" for the purposes of this contract. You also consent to receiving communications from Hypetag in electronic form. Your statutory rights are not affected by the preceding clause.

17.2 AssignmentYou may not assign, subcontract, delegate, or otherwise transfer this Agreement or your rights or responsibilities hereunder without Hypetag's prior written agreement. Any unauthorized assignment, subcontract, delegation, or transfer will be void.

17.3 Force MajeureAny delay or failure to perform caused by events beyond Hypetag's reasonable control—such as, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation infrastructure, fuel, energy, labour, or materials—shall not subject Hypetag to liability.

17.4 Questions, Grievances, and ClaimsPlease contact our customer service department using the contact information provided on the Services if you have any queries, grievances, or claims regarding the Services. We'll try our best to allay your worries.

17.5 Governing LawWithout giving effect to any principles requiring the use of the law of another jurisdiction, this agreement and any related actions will be governed by and interpreted in accordance with Nigerian law and the Federal Arbitration Act. THIS AGREEMENT IS EXCLUSIVE OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.

17.6 Be AwareWhere Hypetag requests your email address, it is your responsibility to give Hypetag your most up-to-date address.

Any notices necessary or permitted by this Agreement will nonetheless be effective if they are sent to you using the most recent email address you provide Hypetag, even if that address is invalid or otherwise unable to receive emails. The following location is where you can notify Hypetag: Hypetag Inc. (address). Such notice shall be regarded to have been made upon receipt by Hypetag of a letter delivered at the aforementioned address by a nationally recognized delivery service.

17.7 WaiverAny failure to enforce or waiver of any provision of this Agreement on one occasion shall not constitute a waiver of such provision or of any other provision or of such provision on any subsequent occasion.

17.8 SeverabilityWith the exception of Section 17.5, if any part of this Agreement is found to be invalid or unenforceable, the remaining parts shall continue to be valid and enforceable and the invalid or unenforceable part shall be read to represent, as nearly as practicable, the original purpose of the parties.

17.9 Export ManagementThe Services may only be used, exported, imported, or transferred in accordance with Nigerian law, the legislation of the country where you got the Services, and any other applicable laws. The Services cannot be exported or reexported, in particular but not only.

Anybody on the Specially Designated Nationals list maintained by the Nigeria Customs Service, the Denied Persons List, or the Entity List maintained by the Nigeria Department of Trade and Commerce, or (a) into any country on which Nigeria has an embargo. By using the Services, you affirm and guarantee that you do not reside in a nation that is under an embargo by the government of Nigeria or that has been identified as a "terrorist supporting" nation.

Secondly, you are not included on any government list of forbidden or restricted parties for Nigeria. Additionally, you agree not to use the Services for any activities that are against Nigerian law.

17.10 Complete AccordThis Agreement replaces and incorporates all earlier discussions between the parties with regard to the subject matter hereof and represents the parties' whole, final agreement with respect to such subject matter.