If there’s a dispute, our Team is happy to help resolve the issue. Please, email us via Info@MeziemDesire.com. If that doesn’t work and you live in Nigeria, the United States or Canada, your options are to go to small claims court or bring a claim in binding individual arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.

This Dispute Resolution section (“Dispute Resolution Agreement”) applies only if you live in Nigeria, the United States or Canada. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Team.

13.1 Dispute Resolution Overview

Meziem Desire is committed to using its best efforts to resolve disputes with its users, without the need for a formal legal claim to be filed. If an issue arises between us, you and Meziem Desire agree to first work diligently and in good faith to reach a resolution that’s fair and equitable to both sides using the mandatory informal dispute resolution process described below. On occasion, a third party may be necessary to help resolve our dispute. This Dispute Resolution Agreement limits how these disputes can be resolved.

YOU AND MEZIEM DESIRE AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICABILITY, BREACH, TERMINATION, VALIDITY, ENFORCEMENT, OR INTERPRETATION OF THEM, OR TO THE USE OF THE SERVICES OR COMMUNICATIONS WITH MEZIEM DESIRE (COLLECTIVELY, “DISPUTES”) THAT ARE NOT RESOLVED INFORMALLY MUST BE ADDRESSED SOLELY IN SMALL CLAIMS COURT OR BY BINDING INDIVIDUAL ARBITRATION AND AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND TO FILE A CASE IN ANY OTHER COURT.

YOU AND MEZIEM DESIRE FURTHER AGREE TO BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING WHETHER IN COURT OR IN ARBITRATION.

You and Meziem Desire agree that this Dispute Resolution Agreement applies to each of us as well as all of our respective agents, attorneys, affiliates, contractors, subcontractors, service providers, employees, and all others acting for, or on behalf of, you and Meziem Desire. This Dispute Resolution Agreement is binding on your and Meziem Desire’s respective heirs, successors, and assignees, and is governed by the Laws of the Federal Republic of Nigeria.

13.2 Mandatory Informal Dispute Resolution Process

Before filing a claim against each other, you and Meziem Desire must first participate in the informal dispute resolution process described in this section.

• The claiming party shall send to the other a short, written statement (“Claim Statement”) with their full name, mailing address, and email address explaining: (a) the nature and details of the Dispute; and (b) a proposal for resolving it (including any money being claimed and how that amount was calculated). Sending a Claim Statement tolls the running of any applicable statute of limitations for a 60-day period beginning on the date the Claim Statement is received. You should send your Claim Statement to Meziem Desire by email to Info@MeziemDesire.com, and you can also send it by certified mail to Meziem Desire Attn: Legal, Plot 489, CAD Zone B09, Terrace 10, Ivy Apartments by Zavati, Wuye, Abuja, Nigeria. 

Meziem Desire will send Claim Statements and respond to you at the email address you provide, unless you request otherwise.

• When either of us receives a Claim Statement, the parties will attempt in good faith to resolve it informally. If we’re unable to resolve it within 60 days from receipt, then we each have the right to initiate a formal claim against the other in small claims court or individual arbitration, subject to the terms of this Dispute Resolution Agreement.

Failure to complete this process is a material breach of the Terms, and no court or arbitrator shall have jurisdiction to hear or resolve any Disputes between you and Meziem Desire.

13.3 Small Claims

Disputes raised but not resolved through the mandatory informal dispute resolution process can be brought in small claims court in: (a) Awka, Anambra State, Nigeria; (b) the county where you live; or (c) another place we both agree on. We each waive the right to bring any Disputes between us, in courts other than small claims court, including courts of general or special jurisdiction.

13.4 Arbitration

As the sole alternative to small claims court, you and Meziem Desire have the right to resolve Disputes through individual arbitration. While there’s no judge or jury in an arbitration, the arbitrator has the power to award the same individual relief and must follow our agreement in the same way as a court. If one of us brings a Dispute to a court other than a small claims court, the other party can ask a court to require us both to go to arbitration. Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing. To the extent that any cause of action or claim for relief can’t be addressed in arbitration, you and Meziem Desire agree that all court proceedings shall be paused pending the resolution in arbitration of all arbitrable causes of action and claims for relief. Nothing in this Dispute Resolution Agreement is intended to limit the individual relief available to either of us in arbitration or small claims court.

If you and Meziem Desire disagree on whether a Dispute must be arbitrated, the scope of the arbitrator’s powers, or the enforceability of any aspect of this Dispute Resolution Agreement, the arbitrator alone shall have, to the fullest extent permitted by law, the sole authority to address all such disagreements, including but not limited to those concerning or related to the formation, legality, interpretation, and enforceability of this Dispute Resolution Agreement. This provision doesn’t limit the procedure for challenging an improperly commenced arbitration.

Any court of competent jurisdiction will have the authority to enforce the requirements of this Dispute Resolution Agreement and, if necessary, enjoin the filing or prosecution of any arbitrations and the assessment of fees for any arbitration or mediation not conducted under this Dispute Resolution Agreement.

If the Nigerian Institute of Chartered Arbitrators (“NICARB”), the American Arbitration Association (“AAA”) or any other arbitration organization or arbitrator is, for any reason, unable to administer any arbitration required under this Dispute Resolution Agreement, you and Meziem Desire shall negotiate in good faith on the substitution of another organization or individual to handle the arbitration. If we can’t agree on an alternative, you or Meziem Desire may petition a court of competent jurisdiction to appoint an organization or individual to conduct the arbitration in a manner consistent with this Dispute Resolution Agreement for a cost comparable to that of the designated arbitration organization.

13.5 General Arbitration Rules

The arbitration process will differ depending on whether your claim is pursued individually or as part of a Mass Arbitration (defined below). The general arbitration rules outlined in this section (“General Arbitration Rules”) shall control, except in the case of a Mass Arbitration.

All arbitrations shall be before a single arbitrator. Except as otherwise provided in this Dispute Resolution Agreement, a party electing arbitration must initiate proceedings by filing an arbitration demand with the NICARB. 

Arbitration Rules for people in the US Jurisdiction.

All arbitrations shall be before a single arbitrator. Except as otherwise provided in this Dispute Resolution Agreement, a party electing arbitration must initiate proceedings by filing an arbitration demand with the AAA.

Arbitrations involving consumers will be governed by these Terms and the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol. Arbitrations involving all others, will be governed by these Terms and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules. If there’s a conflict between these Terms and any applicable AAA rules and protocols, these Terms will control.

Disputes that involve a claim of less than $5,000 USD, or its equivalent in any other currency, in actual or statutory damages (but not including attorneys’ fees and incidental, consequential, punitive, and exemplary damages and any damage multipliers) must be resolved exclusively through binding, non-appearance-based individual arbitration based solely on the written submissions of the parties. All other arbitrations shall be conducted by phone, video conference, or based only on written submissions. Judgment on an arbitrator’s award may be entered in any court that has jurisdiction to do so.

To begin an arbitration proceeding with the AAA, the claiming party must send a letter describing the Dispute and requesting arbitration to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or by filing a request online through the AAA website.

13.6 Mass Arbitration Rules

If 25 or more claimants (each a “Mass Arbitration claimant”) or their lawyers file or disclose an intention to file demands for arbitration against Meziem Desire raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across the Disputes (a “Mass Arbitration”), these special rules shall apply.

Each Mass Arbitration claimant must complete the informal dispute resolution process described in this Dispute Resolution Agreement. Counsel for claimants shall file a single Claim Statement for all Mass Arbitration claimants that identifies all Mass Arbitration claimants by full name, mailing address, and email address. The Mass Arbitration claimants must then follow a “bellwether procedure” described below in which a group of up to 10 claimants proceed to arbitration (each a “bellwether arbitration”), followed by a mandatory mediation process through which the Disputes of Mass Arbitration claimants may be resolved. Any statutes of limitation applicable to Disputes of Mass Arbitration claimants shall be tolled from the submission of their Claim Statement until the mandatory mediation process has been completed.

Counsel for the Mass Arbitration claimants and Meziem Desire’s counsel shall each select up to five claimants for bellwether arbitrations (not more than 10 in total) to be each promptly decided individually as a bellwether arbitration conducted under the General Arbitration Rules, with each case assigned to a separate arbitrator. If any other Mass Arbitration claimants have filed claims in arbitration, they shall promptly be dismissed without prejudice before the bellwether arbitrations may proceed. Each bellwether arbitration shall be completed within 120 days. No other demands for arbitration by Mass Arbitration claimants may be initiated during the pendency of the bellwether arbitrations and the mandatory mediation process which follows.

On the resolution of the 10 bellwether cases, Meziem Desire’s counsel and counsel for the Mass Arbitration claimants shall participate promptly and in good faith in non-binding confidential mediation for a period of at least 60 days in a good faith effort to resolve all Disputes of the Mass Arbitration claimants. This mediation shall be conducted by the AAA under its then-current Mediation Procedures of the AAA, unless Meziem Desire and the Mass Arbitration claimants mutually agree to another mediator and/or mediation procedure.

If the bellwether arbitrations and subsequent mediation are unsuccessful in resolving the Disputes of all Mass Arbitration claimants, then those Mass Arbitration claimants whose Disputes haven’t been resolved may only pursue those Disputes on an individual basis in small claims court or with FairClaims, Inc. (“FairClaims”), and not the AAA or any other arbitral organization or arbitrator, under FairClaims’ Small Claims Rules & Procedures. To the extent that any cause of action or claim for relief can’t be addressed by FairClaims under its Small Claims Rules & Procedures, you and Meziem Desire agree that any court proceedings involving Mass Arbitration claimants and Meziem Desire shall be paused pending the final resolution in arbitration with FairClaims of all arbitrable causes of action and claims for relief.

If the Mass Arbitration Rules are determined to be unenforceable for any reason in a decision of any arbitrator or court as to which further review is foreclosed and all motions, appeals, and petitions for review have been resolved fully (a “Final Determination”), then you and Meziem Desire agree that all unresolved Disputes between Mass Arbitration claimants and Meziem Desire must be filed in and resolved by a court of competent jurisdiction only (including on a class action basis if the Dispute qualifies), and shall not be filed in, pursued further, or resolved through arbitration or otherwise be subject to any contractual obligation to arbitrate. To the extent that any arbitrations filed by or on behalf of Mass Arbitration claimants are still pending after a Final Determination, those claimants shall immediately dismiss such arbitrations without prejudice. A finding that these Mass Arbitration Rules are unenforceable for any reason, including any Final Determination, shall have no effect on the validity or enforceability of any other provisions of these Terms, including those set forth in this Dispute Resolution Agreement.

13.7 Fees and Costs

You and Meziem Desire agree that each party will bear its own costs and attorneys’ fees in the event of a dispute, provided, however, that either party may recover fees and costs to the extent permitted by applicable law. If a court or an arbitrator determines that an arbitration has been brought or threatened in bad faith, or that the demand was frivolous or asserted for an improper purpose, the court or arbitrator may, to the fullest extent permitted by law, award attorneys’ fees to the party defending against the claim just as a court could.

13.8 No Class Actions

Except as expressly provided for in connection with the Mass Arbitration Rules, we both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one claimant’s case can only decide the disputes of that user, not other users. Nothing in this Dispute Resolution Agreement limits the parties’ rights to resolve a Dispute by mutual agreement through a class-wide settlement of claims.

13.9 Changes

Notwithstanding the “Updating these Terms” section below, if Meziem Desire changes this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Meziem Desire written notice of such rejection by mail or hand delivery to Meziem Desire Attn: Legal, Plot 489, CAD Zone B09, Terrace 10, Ivy Apartments by Zavati, Wuye, Abuja, Nigeria, or by email from your email address to Info@MeziemDesire.com, within 30 days of the date such change became effective, as indicated by the “last updated on” language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section or any other section contained withing these Terms. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Meziem Desire in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to these Terms.

13.10 Improperly Commenced Arbitration

If either party believes that the other has initiated an arbitration in violation of this Dispute Resolution Agreement, if such an arbitration is threatened, or if either party has reason to believe an improperly commenced arbitration is imminent, the party against whom the arbitration has been or will be initiated may seek an order from a court of competent jurisdiction enjoining the arbitration from being filed or continued, and awarding its fees and costs, including reasonable attorneys’ fees, incurred in connection with seeking the order.