1. Introduction

1.1 Purpose of Terms

These Terms of Use (“Terms”) govern your access to and use of the Wokka platform, including the website, mobile applications (Wokka and Wokka Pro), Concierge and related services (collectively referred to as “Wokka” or “the Platform”). Wokka provides a marketplace that connects clients seeking various services with independent service providers who offer those services, including services provided by the Wokka company. By using the Platform, you agree to comply with and be bound by these Terms, which constitute a legally binding agreement between you and Wokka. If you do not agree to these Terms, you may not access, request or use the Platform.

1.2 Acceptance of Terms

By accessing, browsing, requesting or registering an account on Wokka, you confirm that you have read, understood, and accepted these Terms of Use. Your continued use of the Platform constitutes your ongoing acceptance of any updates or modifications to these Terms, which Wokka may make from time to time. Notifications of significant changes will be provided through the Platform or other reasonable means.

1.3 Scope of Application

These Terms apply to all users of the Platform, including but not limited to clients seeking services, service providers offering services, and visitors browsing the Platform. Wokka is available internationally, with specific terms and conditions that may apply depending on your location. Users are responsible for ensuring their compliance with any applicable local laws and regulations when using the Platform. Initially, Wokka is available in Nigeria, but our services will expand to other African countries, the United States, the United Kingdom, Canada, and beyond. As we grow, regional variations to these Terms may be introduced to reflect jurisdictional requirements.

1.4 Scope of Usage

The Platform caters to two categories of users: Those who provide services (Service Providers) and those that seek services (Clients). The Platform enables Clients to connect and book Service Providers around seamlessly. Wokka serves as an intermediary and payment facilitator between the Client and Service Provider (users) by enabling in-Platform messages and transactions between Clients and Service Providers through third party integration with companies like Twilio, Paystack and Google services. If you are using the Platform as a Client, the Service Providers who advertise their services through the Platform are independent workers, who are not in any way affiliated with Wokka. We do not represent that we have certified them to be credible, reliable, licensed, trustworthy, suitable, or able to perform the services advertised. Your interaction with a Service Provider or use of their services is solely at your sole risk. Wokka does not directly or indirectly hire any Service Provider to perform any service on the Platform. If you encounter any form of verification or certification on a Service Provider’s profile, it simply means they have undergone a form of account verification process or met certain criteria for qualification to register services on the Platform. It does not mean that we endorse them completely or can vouch for their skills. You are responsible for accessing a Service Provider’s capabilities, skills, and credibility by doing your due diligence, which may include reading their reviews and interviewing them to obtain more information. You hereby release us from any damages or losses you may incur from interacting with a Service Provider through the App.

2. Definitions

For the purposes of these Terms, the following terms shall have the meanings assigned to them:

2.1 “Platform”

Refers to the Wokka website, mobile applications, and any associated software, services, or tools provided by Wokka to facilitate the connection between clients and service providers.

2.2 “The App”

Refers collectively to the Wokka app and Wokka Pro mobile applications and associated services supporting use of both apps 

2.3 “Client”

An individual, business, or entity that uses the Platform to search for, book, and pay for services offered by Service Providers.

2.4 “Service Provider”

An individual, business, or entity registered on the Platform to offer services to Clients. Service Providers are independent contractors and not employees of Wokka.

2.5 “User”

Any person or entity who accesses, browses, registers, or otherwise interacts with the Platform, including both Clients and Service Providers.

2.6 “Account”

A unique profile created by a User on the Platform, enabling access to features and functionalities, including booking services (for Clients) or listing services (for Service Providers).

2.7 “Services”

The tasks, jobs, or assistance offered by Service Providers to Clients through the Platform. Services may include, but are not limited to, home repairs, cleaning, plumbing, tutoring, and other professional or manual labor services.

2.8 “Booking”

The process by which a Client selects and schedules a Service offered by a Service Provider through the Platform.

2.9 “Content”

Any information, data, text, graphics, photos, videos, reviews, or other material uploaded, posted, transmitted, or shared by Users on the Platform.

2.10 “Payment Gateway”

The third-party service integrated into the Platform that facilitates secure payments between Clients and Service Providers.

2.11 “Dispute”

Any disagreement, complaint, or issue arising between a Client and a Service Provider regarding a Service provided or booked through the Platform.

2.12 “KYP” (Know Your Provider)

The process by which Wokka verifies the identity and credentials of Service Providers and, where applicable, Clients, to ensure compliance with local regulations and Platform standards.

2.13 “Subscription Plan”

Optional membership tiers (e.g., Basic, Standard, Premium or Concierge) that offer different levels of access and benefits on the Platform.

2.14 “Force Majeure”

Unforeseeable events beyond the reasonable control of Wokka, such as natural disasters, wars, strikes, or governmental actions, that prevent the Platform from functioning as intended.

2.15 “Governing Law”

The legal framework under which these Terms are interpreted and enforced, determined by the User’s region or jurisdiction.

3. Eligibility

3.1 Age Requirement

The Wokka platform is available only to individuals who are at least 18 years old. By accessing or using the Platform, you confirm that you meet this minimum age requirement. Users under the age of 18 are strictly prohibited from creating an account, providing personal information, offering or providing Services directly or indirectly, or engaging in transactions on the Platform.

3.2 Legal Capacity

To use the Platform, you must have the legal capacity to enter into binding agreements under the laws of your jurisdiction. By registering an account, booking services, or offering services, you represent and warrant that you have the authority to do so. If you are registering on behalf of a business or entity, you confirm that you have the necessary authority to bind the business or entity to these Terms of Use.

3.3 Regional Restrictions

The Platform is currently available to users in Nigeria, with plans for expansion to other African countries, the United States, the United Kingdom, and Canada. While Wokka strives to comply with relevant laws in each region, it is your responsibility to ensure that your use of the Platform does not violate local laws or regulations. Access to the Platform may be restricted in certain jurisdictions where its use would conflict with applicable laws or where Wokka is not yet operational.

• Compliance with Local Laws: Users must comply with all applicable laws, rules, and regulations in their region, including but not limited to those related to employment, taxes, and professional licensing.
• Restricted Regions: Wokka may, at its discretion, restrict access to the Platform in regions where it cannot provide adequate operational or legal support.

If you do not meet the eligibility requirements outlined above, you may not access or use the Platform. Wokka reserves the right to deny access, terminate accounts, or take any other appropriate action in cases of non-compliance with this eligibility policy.

4. User Accounts

4.1 Account Creation

To access the App, users must create an account. This process involves providing accurate and complete information as requested during registration. Users are responsible for maintaining the confidentiality of their login credentials and for all activities conducted under their account. 

4.2 Social media sign-up

You may be able to create an account on the App using any of the social media plugins on the registration page, including Facebook, Gmail, and Apple. By signing up or accessing your account using any of the social plugins, you permit us to obtain the information you make available on the applicable social media account, which may include your name, picture, and email address (subject to the privacy settings you have on the applicable social media account). You can revoke your permission at any time by using the settings area of the applicable social media account. 

4.3 Wokka (Client) Accounts

• Purpose: Wokka accounts are intended for clients seeking services from service providers.
• Account Setup: Clients must provide basic personal details, including name, email address, phone number, and location, to create an account.
• Account Responsibilities: Clients agree to:
  • Ensure that all account information is accurate and up to date.
  • Use the account solely for personal or authorized business purposes.
  • Reset credentials and notify Wokka via the Wokka App or at [email protected] immediately if they suspect unauthorized use of their account.

4.3 Wokka Pro (Service Provider) Accounts

Wokka Pro accounts are designed for service providers offering their skills and expertise through the platform.

4.3.1 Eligibility Requirements

To register as a Service Provider on Wokka Pro, you must:

• Be at least 18 years of age.
• Possess the legal capacity to enter into binding agreements.
• Meet any licensing, certification, or legal requirements applicable to the services you intend to provide.
• Reside or operate in a region where Wokka Pro services are available.

4.3.2 KYP Prerequisites

Before your account is approved for activation, you must complete the Know Your Provider (KYP) verification process. This process ensures the integrity and security of the platform for all users. The following are evaluated as part of the KYP process:

• Identity Verification:
  • Submit a government-issued ID (e.g., national ID card, passport, driver’s license).
  • Provide a recent passport-sized photograph.
• Address Verification:
  • Submit a utility bill, bank statement, or other approved document that confirms your physical address.
• Professional Qualifications (if applicable):
  • Upload certifications, licenses, or proof of expertise relevant to the services you intend to provide.
• Bank Account Information:
  • Provide valid bank account details to facilitate payments through the platform’s payment gateway.

Wokka Pro reserves the right to reject applications or request additional documentation during the KYP process.

4.4 Account Security

All users must take reasonable steps to secure their accounts, including using strong passwords and avoiding sharing login credentials. Wokka is not liable for losses arising from unauthorized access to accounts caused by user negligence.

4.5 Account Suspension or Termination

Wokka reserves the right to suspend or terminate accounts under the following circumstances:

• Violation of these Terms of Use or any applicable laws.
• Submission of false or misleading information during registration or KYP verification.
• Unauthorized or fraudulent activities conducted through the account.

Users may deactivate or delete their accounts at any time on the app or by contacting Wokka support. However, certain obligations, such as pending jobs, payments or unresolved disputes, may delay account closure.

5. User Content

5.1 User Content

For the purpose of these Terms of Use, “User Content” refers to any content submitted by users, especially pictures, comments, reviews, videos, texts, and files in public areas of the App. If you submit User Content on the App, you assume all responsibilities to your User Content and the consequences attached to you uploading, storing, and making them available on the App. 

5.2 Ratings and Reviews

The App enables users who have transacted to rate and leave reviews about their experience with the applicable user. The purpose of this system is to enable other users to be able to determine how they want to proceed with a user based on the user’s previous transactions. Therefore, we require honest and accurate ratings and reviews from users at all times. You may not manipulate the review system in order to defame a competitor. You may not exaggerate the outcome of a transaction for any reason at all. We reserve the right to remove your ratings and reviews if we determine that they are not honest. 

5.3 Content warranties

By submitting User Content on the App, you represent and warrant to us that (i) you have all the licenses and rights to the User Content or that you have obtained the right from the owner; (ii) the User Content does not infringe on any third-party rights; (iii) the User Content does not violate any applicable law or ethical standards; (iv) the User Content is accurate and not in any way misleading; (v) the User Content is not offensive, defamatory, or otherwise objectionable; (vi) the User Content will not include any viruses, worms, trojan horses, scripts, corrupt files, or any other harmful software that are programmed to damage or obtain personal information; and (vii) your User Content will not advertise illegal services.  

5.4 The license you grant us

We do not claim ownership of any User Content you submit on the App – they will always be your property. However, we need your license to host them on the App. By uploading User Content, you hereby grant Wokka a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to host, use, copy, display, perform, and distribute the User Content in connection with the App and the Services and on any media known to us, including for advertising purposes. 

5.5 Our right

Wokka reserves the right but not the obligation to remove your User Content from the App at any time if we determine at our discretion that the User Content violates these Terms of Use or any applicable law. 

5.6 Content disclaimer

As already highlighted, Wokka does not endorse or control any User Content. You hereby agree that a User Content may be inaccurate, not up to date, or incomplete. You are expected to be cautious and apply common sense when evaluating any User Content, especially ads from Service Providers. 

5.7 Indemnity

Users hereby agree to indemnify and hold Wokka and affiliates harmless from and against any claims arising from their User Content.

6. User Responsibilities

All users of the Wokka and Wokka Pro platforms are expected to adhere to the following responsibilities to ensure a safe, efficient, and trustworthy environment for all participants.

6.1 General Responsibilities for All Users

• Compliance with Terms and Laws:
  • Users agree to comply with these Terms of Use and all applicable local, national, and international laws and regulations when accessing and using the Platform.
• Accurate Information:
  • Users must provide and maintain accurate, truthful, and up-to-date information in their accounts and communications on the Platform.
• Respectful Conduct:
  • Users must interact respectfully and professionally with others on the Platform, refraining from abusive, discriminatory, or harmful behavior.
• Content Use:
  • Users are responsible for ensuring that any content they upload, post, or share on the Platform does not infringe on the rights of others or violate applicable laws.
• Platform Integrity:
  • Users must not engage in activities that compromise the security, functionality, or integrity of the Platform, including but not limited to hacking, spreading malware, or attempting to access unauthorized areas of the Platform.

6.2 Additional Responsibilities for Clients (Wokka Users)

• Service Requests:
  • Clients are responsible for providing clear, accurate, and detailed information when requesting services. This includes the scope of work, location, and any relevant preferences or requirements.
• Timely Payments:
  • Clients must ensure timely and accurate payment for services rendered by Service Providers through the Platform’s payment gateway.
• Cancellations and Changes:
  • Clients should provide reasonable notice when canceling or rescheduling a booking and comply with any applicable cancellation policies.
• Fair Reviews:
  • Feedback and reviews provided by Clients should be honest, objective, and based on actual experiences.

6.3 Additional Responsibilities for Service Providers (Wokka Pro Users)

• Service Quality:
  • Service Providers must deliver high-quality services that meet the expectations and descriptions provided during booking.
• Legal and Professional Compliance:
  • Service Providers must comply with all applicable laws, certifications, and licensing requirements for the services they offer.
• Timely and Professional Communication:
  • Service Providers must respond promptly to Client inquiries and bookings and maintain professional conduct during service delivery.
• Insurance and Liability:
  • Where applicable, Service Providers are responsible for obtaining and maintaining adequate insurance coverage for their services.
• Adherence to Platform Policies:
  • Service Providers must comply with Wokka Pro’s KYP, payment, and dispute resolution procedures.

6.4 Prohibited Activities

Users agree not to engage in the following activities:

• Using the Platform for illegal, fraudulent, or unauthorized purposes.
• Impersonating another person, entity, or misrepresenting their affiliation with any person or entity.
• Harassing, abusing, or harming other users or third parties.
• Circumventing or manipulating the Platform’s payment system or attempting to transact outside the Platform to avoid fees.
• Uploading malicious content, including viruses, spam, or any harmful code.

6.5 Reporting Misconduct

Users are encouraged to report any suspicious, inappropriate, or prohibited behavior to Wokka’s support team through the designated reporting channels. Wokka reserves the right to investigate and take appropriate action, including suspension or termination of accounts, based on such reports.

7. Payments and Fees

This section outlines the policies and procedures governing payments, fees, and related financial transactions on the Wokka platform for both Clients and Service Providers.

7.1 General Payment Terms

• Platform Payment System:
  • All payments for services booked through Wokka must be processed via the Platform’s secure payment processor, Paystack. Transactions conducted outside the Platform are strictly discouraged and are solely at the Client’s own discretion and risk.
• Accepted Payment Methods:
  • Wokka accepts payments through various methods, including credit/debit cards, bank transfers, and other digital payment options supported by the payment processor.
• Currency:
  • Payments will be processed in the currency of the region where the services are provided, with exchange rates and any applicable conversion fees determined by the payment processor.

7.2 Fees and Pricing

• Service Fees for Clients:
  • Clients may be charged a service fee for using the Platform, which will be transparently displayed during the booking and/or payment process.
• Commission for Service Providers:
  • Wokka charges Service Providers a commission or subscription fee based on their chosen tier (Basic, Standard, Premium or Concierge). Details of these fees are outlined in the tier-specific terms.
• Dynamic Pricing:
  • Wokka reserves the right to implement dynamic pricing based on factors such as demand, location, and service type. 

7.3 Payment Process 

• Booking Payments by Clients:
  • Clients’ payment transactions on the app are facilitated by the Payment Processor. Wokka continuously evaluates the security and reliability of the Payment Processor to ensure continuous confidentiality, integrity and reliability of transactions made on the Platform.
• Release of Funds:
  • Payment to the Service Provider is initiated by the Client and can be made both during and upon satisfactory completion of the service as agreed upon between both parties. 

7.4 Payment Process for Service Providers

• Earnings Disbursement:
  • Service Providers will receive payments directly to their registered bank account or digital wallet, less any applicable commission or fees.
• Payout Schedule:
  • Payouts are processed on schedules specified by the Payment Processor.
• Taxes and Deductions:
  • Service Providers are responsible for complying with local tax laws and ensuring all applicable taxes are accounted for in their earnings. Wokka may provide necessary documentation, such as payment summaries, to assist with tax compliance.

7.5 Refunds and Disputes

• Refund Policy:
  • Refunds for canceled or unsatisfactory services will be handled in accordance with Wokka’s Refund and Cancellation Policy, which considers factors such as timing, reason for cancellation, and service status.
• Dispute Resolution:
  • Disputes between Clients and Service Providers will be mediated through the Platform’s resolution process. 
• Chargebacks:
  • In cases of chargebacks initiated by Clients, Wokka reserves the right but not the obligation to investigate the claim and recover funds from the relevant Service Provider if deemed necessary and feasible. Clients may 

7.6 Late or Failed Payments

• Client Obligations:
  • If a payment method fails or is declined, Clients must promptly provide an alternative method to complete the transaction. Failure to do so may result in suspension of the Client’s account and possibly, Legal action.
• Service Provider Obligations:
  • Service Providers are responsible for ensuring accurate banking or payout information to avoid delays in disbursements.

7.7 Modifications to Fees and Payment Terms

Wokka reserves the right to modify its fees, pricing structure, or payment terms at any time. Users will be notified of any significant changes through email or Platform notifications, and continued use of the Platform after such modifications constitutes acceptance of the updated terms.

8. Cancellations, Refunds, and Dispute Resolution

This section outlines the policies and procedures for handling cancellations, refunds, and disputes to ensure fairness and transparency for all Wokka users.

8.1 Cancellations by Clients

• Cancellation Policy:
  • Clients may cancel a booking within a reasonable timeframe before the service start time.
  • A cancellation fee may apply depending on the timing of the cancellation and the terms agreed upon at booking.
• Refund Eligibility:
  • Clients are eligible for a full or partial refund if the cancellation occurs within the specified refund window, as agreed with Service Provider during service negotiations.
  • Refunds will not be issued for cancellations made outside the allowable refund period.
• No-Show Policy:
  • If a Client fails to be present for the scheduled service without prior cancellation, no refund will be issued, and the full payment may be the responsibility of the Client.

8.2 Cancellations by Service Providers

• Provider-Initiated Cancellations:
  • Service Providers may cancel a booking under exceptional circumstances, such as emergencies, with immediate notification to the Client and the Platform.
  • Frequent or unjustified cancellations by Service Providers may result in penalties, reduced visibility, or account suspension.
• Client Compensation:
  • If a Service Provider cancels a booking through its Premium or Concierge offerings, Wokka will make reasonable efforts to help the Client find a replacement Provider. 

8.3 Refunds

• Refund Process:
  • Refund requests must be submitted through the Platform’s designated refund request process accessible through Wokka’s support services.
  • Refunds will be reviewed on a case-by-case basis and may require additional documentation or evidence, such as photos, receipts, or messages exchanged between the parties.
• Refund Timing:
  • Approved refunds will be processed within a specified timeframe, typically 5–10 business days, depending on the payment method.
• Non-Refundable Fees:
  • Certain fees, such as service fees or late cancellation fees, may be non-refundable as indicated at the time of booking.

8.4 Dispute Resolution

• Dispute Reporting:
  • Users may initiate a dispute by submitting a formal report through the Platform within 7 days of the service completion date or issue occurrence.
• Investigation Process:
  • Wokka will review the evidence and statements provided by both parties, which may include communication logs, service descriptions, and photos.
  • Both parties are required to cooperate fully during the investigation process.
• Resolution:
  • Based on the findings, Wokka may issue refunds, adjust payments, or take corrective actions, including warnings or account suspensions for the party found at fault.
• Binding Decision:
  • Wokka’s resolution of disputes is final and binding. Users agree to abide by Wokka’s decision as a condition of using the Platform.

8.5 Special Circumstances

• Force Majeure:
  • In cases of unforeseen events beyond the control of either party (e.g., natural disasters, pandemics, political unrest), cancellations and refunds will be handled according to the Force Majeure Policy.
• Fraud or Abuse:
  • If Wokka determines that a cancellation or refund request is fraudulent or abusive, the request may be denied, and the user’s account may be subject to penalties, including suspension or termination.

9. Intellectual Property and Licensing

This section outlines the ownership, licensing, and use of intellectual property associated with the Wokka platform.

9.1 Ownership of Intellectual Property

• The Wokka platform, including its design, software, algorithms, features, trademarks, trade names, logos, domain names, and all related content (collectively, the “Platform IP”), is the exclusive property of Juntero Technology LLC, a company registered in the United States.
• All rights, title, and interest in and to the Platform IP are owned by Juntero Technology LLC, and no rights are granted to users except as expressly provided in these Terms of Use.

9.2 Licensing

• License Grant:
  • The Wokka platform is licensed to authorized operators for the purpose of operating the service in specific territories, including but not limited to Nigeria, other African countries, the United States, the United Kingdom, and Canada.
  • Juntero Technology LLC has licensed the use of the Platform IP to the local operator for the operation of Wokka services in Nigeria and any other countries in which the service is made available in the Africa Region.
• Scope of License:
  • The license granted to the local operator is non-exclusive, non-transferable, and subject to the terms and conditions established by Juntero Technology LLC.

9.3 User Rights and Restrictions

• Authorized Use:
  • Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Wokka platform strictly for its intended purpose of booking and providing services.
• Prohibited Actions:
  • Users may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of any part of the Wokka platform without explicit written permission from Juntero Technology LLC.
• Reservation of Rights:
  • Juntero Technology LLC reserves all rights not expressly granted under these Terms of Use.

9.4 Protection of Intellectual Property

• Trademarks and Branding:
  • The “Wokka” name, logo, and related branding elements are protected trademarks owned by Juntero Technology LLC. Unauthorized use of these trademarks is strictly prohibited.
• Violation of IP Rights:
  • Any violation of Juntero Technology LLC’s intellectual property rights will result in immediate termination of the violating party’s access to the Wokka platform and may result in legal action.

9.5 Updates and Modifications

Juntero Technology LLC reserves the right to update, modify, or discontinue any part of the Wokka platform, including its features, functionality, or content, without notice.

10. Privacy and Data Protection

This section outlines the Wokka platform’s commitment to safeguarding user data and provides details about how user information is collected, stored, and used in compliance with applicable data protection laws.

10.1 Commitment to Privacy

• Wokka is committed to protecting the privacy and security of its users’ personal information in accordance with global data protection standards, including but not limited to the General Data Protection Regulation (GDPR), the Nigerian Data Protection Regulation (NDPR), and other applicable privacy laws.

10.2 Data Collection

• Information We Collect:
  • Wokka collects personal information that users provide during account creation, booking, and service provisioning, including but not limited to:
    • Full name, email address, phone number, and address.
    • Payment information (e.g., credit card or bank details).
    • Government-issued identification documents for KYP and verification purposes.
  • Additional data may be collected automatically, such as IP addresses, device identifiers, and usage data.
• Third-Party Data Collection:
  • Wokka may receive data from third-party verification providers, payment processors, and marketing platforms as part of its operations.

10.3 Data Use

• Personal information collected from users will be used for the following purposes:
  • Verifying user identity and eligibility to use the platform.
  • Facilitating bookings and service transactions.
  • Processing payments and managing refunds.
  • Improving and personalizing the user experience.
  • Sending marketing communications, updates, and promotional offers, subject to user consent.
  • Ensuring compliance with legal and regulatory requirements.

10.4 Data Sharing

• Wokka may share user information with third parties under the following circumstances:
  • With Service Providers and Clients to facilitate service bookings and communication.
  • With payment processors to complete transactions.
  • With third-party KYP verification services for identity confirmation.
  • With law enforcement, regulatory authorities, or legal representatives when required by law or to protect the rights of the platform and its users.

10.5 Data Storage and Security

• Data Storage:
  • User data is stored on secure servers located in compliance with regional data protection regulations.
  • Wokka may use cloud service providers, ensuring that all providers meet industry security standards.
• Security Measures:
  • Wokka implements robust security measures to protect user data from unauthorized access, disclosure, alteration, or destruction, including encryption, firewalls, and regular security audits.

10.6 User Rights

• Users have the following rights concerning their personal information:
  • Access: Users can request access to the personal data Wokka holds about them.
  • Correction: Users can request corrections to inaccurate or incomplete data.
  • Deletion: Users can request the deletion of their data, subject to legal and operational requirements.
  • Consent Management: Users can withdraw consent for marketing communications or other optional data uses.

10.7 Data Retention

• Wokka retains user data only for as long as necessary to fulfill the purposes outlined in these Terms of Use or as required by applicable laws.
• After the retention period, data is securely deleted or anonymized.

10.8 International Data Transfers

• Wokka may transfer user data to servers or third-party partners located outside the user’s country of residence. In such cases, Wokka ensures that appropriate safeguards are in place to protect user data in compliance with applicable laws.

10.9 Updates to Privacy Policy

• Wokka reserves the right to update its privacy practices and policies to reflect changes in legal requirements or business operations. Users will be notified of significant changes via email or platform notifications.

11. Limitation of Liability

This section defines the extent of Wokka’s responsibility for services provided through the platform and limits liability in certain circumstances to ensure fair use and clear expectations for all parties.

11.1 General Disclaimer

• Wokka serves as an intermediary platform that facilitates connections between Clients seeking services and Service Providers offering services. Wokka itself does not provide, perform, or guarantee the quality, legality, safety, or suitability of the services offered by Service Providers.
• Wokka does not assume responsibility for the actions, omissions, or conduct of any Client or Service Provider during or after service transactions.

11.2 No Warranty

• Wokka provides the platform “as is” and “as available” without warranties or guarantees of any kind, express or implied. This includes but is not limited to:
  • The uninterrupted availability or reliability of the platform.
  • The accuracy, completeness, or timeliness of information provided on the platform.
  • The quality, suitability, or performance of services rendered by Service Providers.

11.3 Limitation of Liability

• To the maximum extent permitted by law, Wokka, its owner, subsidiaries, affiliates, officers, directors, employees, and agents will not be liable for:
  • Any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or reputation, arising out of or in connection with the use of the platform.
  • Damages resulting from interactions, disputes, or contractual breaches between Clients and Service Providers.
  • Any errors, omissions, delays, or interruptions in the operation of the platform.
• Wokka’s total liability to any user for claims arising out of or related to the platform shall not exceed the total amount of fees paid by the user to Wokka in the 12 months preceding the event that gave rise to the claim.

110.4 Indemnification

• Users agree to indemnify, defend, and hold harmless Wokka and its affiliates from and against any claims, liabilities, damages, losses, or expenses, including reasonable legal fees, arising out of or related to:
  • The user’s breach of these Terms of Use or applicable laws.
  • Any disputes or issues between Clients and Service Providers resulting from services facilitated through the platform.
  • The user’s improper use of the platform, including misuse of data, fraud, or illegal activity.

11.5 Liability for Third-Party Services

• Wokka may integrate with or link to third-party services, such as payment processors, identity verification providers, or marketing tools.
• Wokka is not responsible for the actions, errors, or omissions of these third-party services. Users acknowledge and agree to comply with the terms and conditions of such third-party services when using them.

11.6 Regional Limitations

• Certain jurisdictions may not allow the exclusion or limitation of liability for incidental or consequential damages. In such cases, Wokka’s liability will be limited to the extent permitted by applicable law.

11.7 Force Majeure

• Wokka shall not be held liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to natural disasters, government actions, labor disputes, pandemics, or technical failures.

12. Dispute Resolution and Governing Law

This section outlines the procedures for resolving disputes between users and Wokka, including Clients and Service Providers, and establishes the applicable laws governing these Terms of Use.

12.1 Informal Resolution

• Users agree to first attempt to resolve any disputes or concerns directly with Wokka by contacting our customer support team at [email protected].
• Wokka will make reasonable efforts to address and resolve complaints or disputes within 30 days of receiving a formal notice.

12.2 Arbitration Agreement

• Binding Arbitration:
  • If a dispute cannot be resolved informally, it shall be submitted to binding arbitration. Users agree that any claims, disputes, or controversies arising out of or relating to the use of the platform, these Terms of Use, or the services facilitated through the platform will be resolved through arbitration instead of in court.
  • Arbitration shall be conducted in accordance with the rules of a recognized arbitration body in the applicable jurisdiction.
• Location and Language:
  • For disputes arising in Nigeria or other African countries, arbitration shall take place in Abuja, Nigeria, and be conducted in English.
  • For disputes arising in the United States, arbitration shall take place in the state of New York or another mutually agreed location in the U.S.
  • For disputes in the United Kingdom or Canada, arbitration shall take place in the respective country.
• Costs and Fees:
  • The cost of arbitration shall be shared equally between the parties unless otherwise determined by the arbitrator.

12.3 Class Action Waiver

• Users agree to waive any right to participate in a class-action lawsuit or class-wide arbitration. Disputes must be resolved on an individual basis.

12.4 Exceptions to Arbitration

• Notwithstanding the arbitration agreement, the following claims may be brought directly in a court of competent jurisdiction:
  • Claims related to the protection of Wokka’s intellectual property rights.
  • Claims that qualify for resolution in a small claims court in the relevant jurisdiction.

12.5 Governing Law

• These Terms of Use and any disputes or claims arising out of or relating to the platform or services provided through the platform shall be governed by the laws of the following jurisdictions:
  • Nigeria: For users based in Nigeria, the Terms are governed by the laws of the Federal Republic of Nigeria.
  • United States: For users based in the U.S., the Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.
  • United Kingdom: For users based in the U.K., the Terms are governed by the laws of England and Wales.
  • Canada: For users based in Canada, the Terms are governed by the laws of the Province of Ontario.
  • For all other users, the governing law shall be determined by the region where the platform is officially operated.

12.6 Severability

• If any provision of this section is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. Termination and Suspension

This section outlines the conditions under which Wokka may suspend or terminate user accounts and access to the platform, as well as the user’s rights to terminate their use of the platform.

13.1 Termination by Wokka

• Wokka reserves the right to suspend or terminate a user’s account or access to the platform at its sole discretion, with or without prior notice, for the following reasons:
  • Violation of Terms: Breach of any provision of these Terms of Use or other policies applicable to the platform.
  • Fraudulent or Illegal Activity: Use of the platform for fraudulent, illegal, or unauthorized purposes.
  • Misuse of the Platform: Engaging in behavior that disrupts or harms other users, the platform’s functionality, or Wokka’s reputation.
  • Non-Compliance with KYP Requirements: Failure to provide accurate, complete, and verifiable information during the KYP process (applicable to Wokka Pro users).
  • Non-Payment: Failure to pay fees or charges due for services provided through the platform or subscriptions to premium tiers.

13.2 Voluntary Termination by Users

• Users may terminate their account and discontinue use of the platform at any time by contacting Wokka’s support team or using the account deletion feature available on the platform.
• Upon termination, users remain responsible for any outstanding payments or obligations incurred prior to account deactivation.

13.3 Effects of Termination

• Loss of Access: Upon termination or suspension, users will lose access to their account, including all associated data, bookings, and history.
• Pending Transactions: Termination does not absolve users of obligations related to pending transactions or commitments made prior to termination. Wokka may retain records of such transactions as required by applicable laws or to resolve disputes.
• Data Retention: Wokka may retain certain user information post-termination to comply with legal obligations, prevent fraud, or enforce these Terms of Use.
• Service Provider Listings: For Wokka Pro users, any active service listings will be removed from the platform upon account termination.

13.4 Reinstatement of Account

• Users whose accounts have been suspended or terminated may request reinstatement by contacting Wokka’s support team. Reinstatement requests will be evaluated on a case-by-case basis, and Wokka reserves the right to deny reinstatement at its sole discretion.

 13.5 Right to Amend or Discontinue Services

• Wokka reserves the right to modify, suspend, or discontinue any part of the platform or services at any time, with or without notice.
• In the event of a complete platform shutdown, users will be notified in advance, and any active subscriptions or balances may be refunded at Wokka’s discretion.

13.6 Survival of Terms

• Provisions of these Terms of Use that by their nature should survive termination, including but not limited to limitations of liability, indemnification, and governing law, shall remain in effect after account termination.

14. Privacy and Data Protection

This section outlines Wokka’s commitment to protecting user privacy and handling personal data in compliance with applicable data protection laws.

14.1 Commitment to Privacy

• Wokka values user privacy and is committed to protecting personal data in accordance with its Privacy Policy and applicable data protection regulations, including but not limited to:
  • Nigeria Data Protection Regulation (NDPR) for users in Nigeria.
  • General Data Protection Regulation (GDPR) for users in the European Economic Area (EEA).
  • California Consumer Privacy Act (CCPA) for users in California, USA.
  • Other applicable laws in jurisdictions where Wokka operates.

14.2 Data Collection and Use

• Wokka collects and processes personal data provided by users, such as names, contact information, payment details, and location, for the following purposes:
  • Facilitating transactions and communications between Clients and Service Providers.
  • Verifying identities as part of the KYP process for Wokka Pro users.
  • Enhancing the platform’s features, security, and user experience.
  • Sending notifications, updates, and promotional offers (subject to user preferences).

14.3 User Rights

• Users have the following rights concerning their personal data:
  • Access and Portability: Users may request a copy of the personal data Wokka holds about them.
  • Correction: Users may request corrections to inaccurate or incomplete data.
  • Erasure: Users may request the deletion of their personal data, subject to legal and regulatory obligations.
  • Objection and Restriction: Users may object to certain data processing activities or request restrictions on data processing.
  • Consent Withdrawal: Where processing is based on consent, users may withdraw their consent at any time.

14.4 Data Security

• Wokka employs industry-standard security measures to protect personal data against unauthorized access, loss, or misuse. These measures include encryption, secure storage, and periodic security audits.
• Despite these efforts, Wokka cannot guarantee complete security of data transmitted or stored electronically. Users acknowledge and accept this inherent risk.

14.5 Sharing of Data

• Wokka may share user data with third parties only in the following circumstances:
  • Service Facilitation: With third-party service providers necessary for platform operations, such as payment processors and identity verification providers.
  • Legal Compliance: To comply with applicable laws, regulations, legal processes, or governmental requests.
  • Business Transactions: In connection with mergers, acquisitions, or sales of assets, subject to confidentiality obligations.

14.6 Cookies and Tracking Technologies

• Wokka uses cookies and similar technologies to enhance user experience, analyze platform usage, and deliver targeted advertising. Users can manage cookie preferences through their browser settings or as provided in Wokka’s [Cookie Policy](insert link).

14.7 Data Retention

• Wokka retains user data for as long as necessary to fulfill the purposes outlined in this section, comply with legal obligations, resolve disputes, and enforce these Terms of Use.
• Retention periods vary depending on the nature of the data and the user’s interaction with the platform.

14.8 International Data Transfers

• Wokka may transfer user data to countries outside the user’s jurisdiction, including the United States, where its parent company, Juntero Technology LLC, is located.
• Wokka ensures such transfers are conducted under appropriate safeguards, such as standard contractual clauses or equivalent mechanisms, to protect user data.

14.9 Changes to the Privacy Policy

• Wokka reserves the right to update its Privacy Policy periodically. Users will be notified of significant changes through email or platform notifications. Continued use of the platform after such updates constitutes acceptance of the revised policy.

14.10 Contact Information

• For inquiries, concerns, or requests regarding privacy and data protection, users can contact Wokka at:
  Email: [email protected]
  Phone: +234(0806)037-5537

15. Governing Law and Dispute Resolution

This section defines the laws governing the Terms of Use and establishes procedures for resolving disputes that may arise between users and Wokka.

15.1 Governing Law

• These Terms of Use shall be governed by and construed in accordance with the laws of:
  • Nigeria, for services provided and transactions conducted in Nigeria or any other African country where Wokka operates.
  • United States federal and Delaware state laws, for services provided and transactions conducted in the United States.
  • United Kingdom law, for services provided and transactions conducted in the United Kingdom.
  • The laws of the relevant jurisdiction in other countries where Wokka operates, subject to local regulations.

15.2 Dispute Resolution

15.2.1 Informal Resolution

• Users agree to attempt to resolve disputes or claims arising out of or relating to the use of the platform through informal negotiations with Wokka’s customer support team.
• Users can initiate this process by contacting Wokka at [Insert Support Email or Phone Number].

15.2.2 Mediation and Arbitration

• If informal resolution fails, disputes shall be referred to mediation in accordance with the rules of a recognized mediation institution agreed upon by both parties.
• For unresolved disputes following mediation:
  • In Nigeria: Disputes shall be resolved by binding arbitration under the rules of the Lagos Court of Arbitration (LCA).
  • In the United States: Disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA).
  • In the United Kingdom: Disputes shall be resolved by binding arbitration under the rules of the London Court of International Arbitration (LCIA).
  • In other jurisdictions: Arbitration shall be conducted in accordance with the rules of a mutually agreed upon arbitration body.
• The arbitration process shall be conducted in English, and the decision of the arbitrator(s) shall be final and binding on both parties.

15.2.3 Exclusions from Arbitration

• Notwithstanding the above, Wokka retains the right to seek injunctive relief or other equitable remedies in a court of competent jurisdiction to protect its intellectual property or other proprietary rights.

15.3 Jurisdiction and Venue

• For disputes that are not subject to arbitration, the exclusive jurisdiction and venue shall be:
  • Courts located in Lagos, Nigeria, for disputes arising in Nigeria or other African countries.
  • Courts located in Delaware, United States, for disputes arising in the United States.
  • Courts located in London, United Kingdom, for disputes arising in the United Kingdom.
  • Courts in the applicable jurisdiction for disputes arising in other countries where Wokka operates.

15.4 Class Action Waiver

• Users agree that any disputes shall be resolved on an individual basis and waive the right to participate in any class, collective, or representative action.

15.5 Time Limit for Claims

• Any claim or cause of action arising out of or related to these Terms of Use must be filed within one (1) year after the claim or cause of action arises, or it shall be forever barred.

16. Amendments to the Terms of Use

This section outlines Wokka’s right to modify the Terms of Use and the responsibilities of users to stay informed of changes.

16.1 Right to Amend

• Wokka reserves the right to modify, update, or revise these Terms of Use at any time to reflect changes in the platform’s services, legal requirements, or operational practices.

16.2 Notification of Changes

• Material changes to the Terms of Use will be communicated to users via:
  • Platform notifications, such as in-app messages or alerts.
  • Email to the address associated with the user’s account.

16.3 User Acknowledgment

• Continued use of the platform after changes to the Terms of Use have been made constitutes acceptance of the updated Terms.
• Users are encouraged to periodically review these Terms to stay informed of their rights and responsibilities.

16.4 Effective Date

• Amendments to the Terms of Use will take effect on the date specified in the notice or, if no date is specified, upon publication.

17. Miscellaneous Provisions

This section provides additional clauses to ensure the enforceability and clarity of the Terms of Use.

17.1 Entire Agreement

• These Terms of Use, along with Wokka’s Privacy Policy and any other referenced agreements, constitute the entire agreement between the user and Wokka regarding the use of the platform.
• They supersede all prior or contemporaneous communications, whether written or oral, related to the subject matter.

17.2 Severability

• If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

17.3 No Waiver

• Wokka’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Any waiver shall be effective only if made in writing and signed by an authorized representative of Wokka.

17.4 Force Majeure

• Wokka shall not be held liable for delays or failures in performance caused by events beyond its reasonable control, including but not limited to natural disasters, acts of government, labor disputes, cyberattacks, or interruptions in communication or utility services.

17.5 Assignment

• Users may not assign or transfer their rights or obligations under these Terms without Wokka’s prior written consent.
• Wokka may assign or transfer its rights and obligations under these Terms without user consent, including in the event of a merger, acquisition, or sale of assets.

17.6 Contact Information

• For questions, concerns, or inquiries regarding these Terms of Use, users may contact Wokka at:
  Email: [email protected]
  Phone:+234(0806)037-5537