By accessing or using our Site, you agree that you have read, understood and agree to be bound by these Terms. Where you do not agree, you are not permitted to access or use our Site and you must discontinue use immediately.
We reserve the right, at our sole discretion, to amend, vary or modify these Terms at any time with or without any reason. In the event of any modifications to these Terms, we will inform you by updating the “Last Updated” date of the Terms. You hereby waive any right to receive specific notice of such change and it is your responsibility to ensure you remain abreast of any updates. You will be deemed to have been made aware of and to have accepted the changes in the modified Terms by your continued use of the Site after the date on which such revised Terms are posted. If you do not agree to any changes made by us to these Terms, you must discontinue use of our Site immediately. For avoidance of doubt, changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.
In addition to the above, our Site may also be updated frequently, and its form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue any and all of our Site (and/or the appearance, design, functionality, and all other aspects of any and all of our Site in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.
We shall not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms and/or our Site, including the ability to use any product, or service. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Any ancillary terms that may be posted on our Site from time to time are hereby expressly incorporated herein. Please read these Terms carefully, and feel free to contact us should you require any information or clarification.
Where you are required to provide any information relating to your use of our Site, you agree to provide only true and accurate information, and if necessary, to update all such information to keep it accurate and current.
Information provided on our Site is not intended for distribution to or use by any Person in any jurisdiction or country where such distribution or use would contravene any law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Consequently, those who choose to access our Site from jurisdictions other than Nigeria do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that such laws are applicable.
You may use our Site only if you have the legal capacity to enter into and execute a contract and this Site is intended for Users who are at least 18 years old. Users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using our Site.
For parents and or guardians, if you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing our Site and any content that you think is or may be inappropriate for them. If you are a teacher, you may display content from our Site to your students at a non-commercial indoor lecture or seminar conducted by you, provided you do not reproduce or distribute such content. Also, if any of your students access or use our Site, these Terms will apply to each of those students individually. However, please note that the permissions granted in this clause do not apply if your students are under the age of 18.
Additional eligibility requirements may apply and we will notify you of such additional requirements by updating these Terms.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, our Site and the content including all trademarks, service marks, product names, domain names, or other distinctive brand features, copyright, logos and other intellectual property on the Site (“Marks”) are our property or the property of third parties who have licensed the content to us. All of this property is protected under intellectual property laws, unfair competition laws and international conventions. The content and the Marks are provided on the Site for your information and for the purposes of this Site.
We own and retain, solely and exclusively, all rights, title, and interest in and to our Site, the look, feel, design and organization of our Site, all content (unless otherwise indicated) and the compilation of all content on our Site, including all trade secrets and proprietary rights therein. These Terms do not grant you any ownership over the foregoing, or any intellectual property rights or license in any content except as expressly provided.
Except as expressly provided in these Terms, no part of the Site, content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission or (as applicable) the appropriate third-party rights holder. Any commercial exploitation of any image or any content without express prior written permission from us or (as applicable) the appropriate third-party rights holder, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited. You are only granted limited license to access and use our Site, and may download or print any portion of the content on our Site to which you have properly gained access solely for your personal and non-commercial use.
On the Site, Users are granted access to browse the catalogue of products displayed and the Site includes features that enable Users to contact and communicate with us in respect of the products displayed. We reserve the right, at any time at our sole discretion, to refuse to list, de-list, delay or suspend listing of any product on our Site. We will not be liable to any User for doing so.
USER GENERATED CONTRIBUTIONS/COMMENTS
Our Site may invite you to chat, contribute to or participate in blogs, comment sections, message boards, online forums and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast our content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material. You acknowledge that by submitting, posting, publishing or otherwise providing such comment on or through our Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, host, exhibit, store, process, reproduce, distribute, publish, adapt, modify, translate, create derivative works from, publicly perform, in any and all media now known or later developed, for the purposes of operating, distributing, promoting, and improving our products and services, and to develop new products and services on our Site.
You further agree, represent and warrant that:
- you have the legal capacity to agree to comply with these Terms and the terms of the provision of such comment and/or information;
- your use of the Site will not violate these Terms and will not violate any right of, or cause injury to, any Person (including us) and will not incorrectly suggest an affiliation with or endorsement by any Person (including us) or any event, product or service;
- information provided by you on our Site and your use of the Site will not violate any applicable law or regulation;
- all submitted information is true, accurate, current, complete, non-misleading, non-defamatory, non-malicious and does not harass, discriminate, incite or encourage hate or violence against or threaten any Person;
- you will maintain the accuracy of such information and promptly update such information as necessary;
- if you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to block or suspend any and all current or future use of the Site (or any portion thereof).
- the display, creation, distribution, transmission or performance, and the accessing, downloading or copying of information provided by you do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any Person;
- the information provided by you is not obscene, lewd, lascivious, violent, harassing, libelous, slanderous or otherwise objectionable (as determined by us and by public policy).
We will not be liable or responsible for any information provided by Users. In any event, we reserve the right to remove or refuse to display any information you provide on our Site, in whole or part, if we believe that such information may violate these Terms, any law or regulation or any third-party rights, or for any other reason, without notice or liability, at any time and at our sole discretion.
Other Restrictions on Users and Use of the Site
You agree that you will not directly or indirectly:
- use the Site for any illegal or unauthorized purpose or make any use of the Site which contravenes any applicable local, state, national, or international law or regulation, including but not limited to any tax, money laundering, anti-terrorism, consumer protection, data protection laws;
- access the Site through automated or non-human means, whether through a bot, script or otherwise;
- take any action in connection with our Site that infringes or violates the rights or intellectual property of any Person;
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content, access to the Site or any part thereof or features that enforce any limitations on the Site and/or the Content of the Site;
- engage in unauthorized framing of or linking to the Site;
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- impersonate and or attempt to trick, defraud, or mislead us and other Users, especially in an attempt to learn sensitive User information;
- make improper use of our support services or submit false reports of abuse or misconduct;
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site through the use of the Site; and
- retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without prior written permission from us.
We reserve the right to limit, terminate or suspend any User’s access to or use of any or all of our Sites, at any time at our sole discretion, if we believe that such User is violating the rights of any third party, that such User’s conduct may be exposing us or others to legal or financial liability or that such User is acting inconsistently with the letter or spirit of these Terms and other applicable agreements with us, and we will have no liability to such User for doing so. We reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by applicable law.
THIRD-PARTY WEBSITES AND CONTENT
Such Third-Party Content is not investigated, monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third-Party Content accessed through, posted on, available through or installed from the Site, including in respect of the accuracy, offensiveness, opinions, reliability, privacy practices, security or other policies of or contained in the Third-Party content.
Any activity you engage in or purchases you make through Third Party content will be through other websites and from other Persons, and we take no responsibility whatsoever in relation to such activity or purchases which are exclusively between you and the applicable third -party Person. You acknowledge and agree that you are solely responsible for and assume all risk arising out of any use of or reliance on any Third -Party Content.
SOCIAL MEDIA AND THIRD -PARTY ACCOUNTS
You may be able to link your activity on our Site with online accounts which you have with third party service providers (“Third Party Account”) including by creating links to our Site from those Third-Party Accounts (through login details, embedded links or otherwise) or by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to do the foregoing or any acts analogous to the foregoing, without breach of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
ORDER INSTRUCTIONS AND PAYMENT
The prices of the products will be displayed on the Site inclusive of sales tax, as required by law. Prices are subject to change at any time, and without requirement of prior notification to buyers.
The following are the accepted forms of payment on our Site:
- Debit/Credit cards
- Bank Transfer
You authorize us to charge your chosen payment provider for any applicable amounts upon placing your order. You further agree to pay all charges and other associated costs at the prescribed amounts, including but not limited to shipping fees. Sales tax will be added to the price of purchases as required by law. Prices are subject to change at any time, at our discretion and without requirement of prior notification to buyers.
As our Site will be accessed by Persons in Nigeria and in other jurisdictions, and as such prices may also be quoted in foreign currency for the convenience of our Users. Such price quotes are however subject to the applicable law of Nigeria. All payments may be made in such foreign currency or in the Naira equivalent of the quoted price, using exchange rates which ensure the satisfaction of the full quoted price and any other costs associated with the purchase.
Orders will only be shipped after the receipt of the full quoted price and any associated costs.
We reserve the right to refuse any order placed through the Site. We may, at our sole discretion, limit or cancel quantities purchased per Person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, distributors or any such or similar Person.
Orders may be cancelled within hours of placement. Cancellations may not be made after orders have been shipped and any applicable product(s) must be returned, after receipt, at the cost of the buyer.
The cancellation of an order immediately terminates the transaction and the buyer will be required to commence a fresh transaction should they eventually wish to purchase the product(s) in respect of which the previous order was cancelled. We make no guarantees as to the availability of a product or products for a fresh transaction where a previous order in respect of such product(s)was cancelled.
RETURNS AND REFUNDS
We are committed to 100% satisfaction for our buyers. Buyers are encouraged and required to inspect product(s) as soon as possible after receipt. Buyers may return unsafe or defective goods and goods not matching the description provided within 3 months. All other returns must be effected within 21 days of the receipt of the product(s) by the buyer. Where products are returned for being defective or for not matching the description provided or due to other fault on our part, we shall be liable for the cost of the return. Other returns due to the fault or whim of the buyer will be at the cost of the buyer.
All product(s) must be returned in the same condition as they were received and in their original packaging. The original receipt for the purchase must also be provided. Buyers will be required to provide images of the original receipt and the product(s) to be returned in and out of the original packaging as evidence of compliance with these requirements before processes for returns will be initiated. Product(s) which have been altered from their original condition in any manner are not eligible for return.
All returns are to be made by buyers directly to us. Refunds, where applicable, shall be made by depending on the timing of the return. All refund recipients will be notified by an e-mail confirmation.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE WILL BE AT YOUR SOLE RISK. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE PRODUCTS AND OUR SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AS TO THE PRODUCTS AND SERVICES PROVIDED ON OUR SITE OR ANY CONTENT, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENTAND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH WE AND OUR OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTSAND EMPLOYEES (COLLECTIVELY, THE “NANMA LUXURY LIMITED PARTIES”) EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE PRODUCTS, OUR SERVICES, THE SITE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, COMPLETE AND WE MAKE NO SUCH WARRANTIES OR REPRESENTATIONS IN RESPECT OF THE ACCURACY OR COMPLETENESS OF THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE OR ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THIS SITE.
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR:
- ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
- ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE;
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PRESCRIBED BY LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE NANMA LUXURY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, ANY PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SITE, THESE TERMS OR OTHER AGREEMENTS HEREIN INCORPORATED BY REFERENCE.
IN ANY EVENT, UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR OUR SERVICES ON THE SITE EXCEED THE GREATER OF OR THE TOTAL AMOUNT YOU PAID (IF ANY) IN RESPECT OF ANY PURCHASES OF PRODUCTS DISPLAYED ON THE SITE IN THE 6 MONTHS BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY.
THE EXCLUSIONS AND LIMITATIONS OF LIABILITY PROVIDED ABOVE APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ANY OF THE ARTX PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, AND EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS PROVIDED ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE THE LIABILITY OF THE ARTX PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE NANMA LUXURY LIMITED PARTIES FROM CLAIMS, DEMANDS, SUITS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, LIABILITIES, AND EXPENSES (INCLUDING THE PROFESSIONAL FEES OF ANY ADVISORS OR AGENTS) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN CONNECTION WITH ANY DISPUTES BETWEEN YOU AND ONE OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SITE, ANY USER CONTENT OR CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY IN ANY WAY CONNECTED WITH OUR SITE, INCLUDING ANY DEFAMATORY, MISLEADING, OFFENSIVE OR UNLAWFUL CONDUCT OR USER CONTENT AND/OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SITE OR YOUR USER CONTENT AND/OR INFORMATION. YOU EXPRESSLY WAIVE ANY BENEFITS OR PROTECTIONS, WHETHER STATUTORY OR OTHERWISE, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF ENTERING INTO THIS RELEASE.
All Users agree to indemnify, defend, and hold us and all NANMA LUXURY LIMITED Parties harmless, at their own cost, from and against any and all third-party claims, demands, suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses (including reasonable professional fees of any necessary advisors or agents) arising out of or related to: (i) a breach of any of these Terms and other applicable agreements with us (including any term, policy or condition incorporated into these Terms by reference) (ii) User Generated Contributions/Comments or (iii) a violation of any law or the rights of any third party, including any intellectual property, privacy and publicity rights.
Notwithstanding the foregoing, we reserve the right, at Users’ own cost, to assume the exclusive defense and control of any matter for which such User is required to indemnify us, and each User agrees to cooperate, at its own cost, with our defense of such claims. We will use reasonable efforts to notify a User of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
Our services, the Site and all related activity are based in Nigeria and on Nigerian law and we do not represent or warrant that our services, the Site or such related activity will be appropriate or available for use outside Nigeria.
If you are located outside Nigeria, you agree to ensure that your access to and use of our Site complies with all applicable laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software. Kindly refer to the Policy, regarding the transfer of data from Nigeria.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability and other information. We reserve the right to correct any errors, inaccuracies or omissions and to change and/or update the Content and any information on the Site at any time, without prior notice.
We reserve the right, but have not obligation to:
- monitor the Site for violations of these Terms;
- take appropriate legal action against anyone who, in our judgement, violates the law or these Terms, including without limitation, reporting such User to law enforcement authorities;
- refuse, restrict access to, limit the availability of or disable (to the extent technologically feasible) or any portion thereof, at our sole discretion and without limitation, notice or liability;
- remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, at our sole discretion and without limitation, notice or liability;
- otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
By using our Site and agreeing to the Policy, you consent to the receipt of communication from us and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records by any means other than electronic means. You agree that all notices we provide to you by email will be considered received by you on the day that we send them. Should you decide to withdraw your consent to receive emails, please use the “unsubscribe” button in our emails or contact us at +234 818 103 3155 OR email@example.com
Every provision of these Terms shall remain in full force and effect while you use the Site however you may stop using our Site at any time, subject to any other agreements between you and us. Regardless of any other statement in these Terms and without limiting any other provision of these Terms, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR BREACH OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING OR NOTICE AND AT OUR SOLE DISCRETION.
After any termination of these Terms and/or any termination of your access to or use of our Site, the following will survive and remain in full force and effect (i) all outstanding obligations you may have to us under these Terms or otherwise (ii) all remedies for breach of these Terms, (iii) the following sections of these Terms Our Site), (Third-Party Websites and Content), (Disclaimer), (General Release), (Limitation of Liability), (Indemnification), (Governing Law and Dispute Resolution), (International Use), (Changes To Our Site/Modifications And Interruptions), (Termination), (Feedback), (Miscellaneous) and any other section or provision intended to survive such termination.
We want to provide an enjoyable, user friendly and useful service to our Users and as such we invite constructive feedback, suggestions or other information (“Feedback”) about our Site, the services we provide and your experience. Please note that this Feedback is provided on a non-confidential basis and shall become our property. In addition, you agree that we shall be entitled to the unrestricted use and dissemination of this Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. In any case, we will have no obligation to act on, use or respond to any Feedback in any way. You hereby waive all moral and other rights to any such Feedback and you hereby represent and warrant that any such Feedback is original or that you have the right to submit such Feedback. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.
These Terms and any policies posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to any Person at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any circumstances beyond our reasonable control.
Notwithstanding that any part or any provisions of these Terms may be proven to be illegal or unenforceable, the other provisions of the Terms and the remainder of the provision in question will remain in full force and effect.
Nothing in these Terms shall be deemed to constitute a partnership, employment, agency relationship or joint venture between us and any User or constitute us as the agent of any User and vice versa for any purpose or entitle us to bind or commit any User to any debt, obligation or in any manner whatsoever, and vice versa.
You agree that the interpretation of the provisions of these Terms or any other agreement between us and any User will not be construed against us by virtue of our having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of physical signing and agree that your use of the Site in any manner, constitutes your full acceptance of these Terms.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us with the details provided within the Site.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and your use of our Site are governed and construed in all respects in accordance with the laws of the Federal Republic of Nigeria and any amendments, re-enactment of those laws, without regard to conflict of law principles.
In this section of these Terms, we and our Users are collectively the “Parties” and individually a “Party”. In the event of any dispute, difference or claim arising out of or in connection to these Terms and/or use of the Site, the Parties shall first, using their best endeavors and the utmost good faith, attempt to resolve such dispute, difference or claim amicably and privately amongst themselves within thirty (30) days or such extension as may be agreed between the Parties.
Where such dispute, difference or claim remains unresolved after the prescribed time, such dispute shall be referred to and finally determined by arbitration in accordance with the Rules of the International Chamber of Commerce.
The Arbitral Tribunal shall consist of 3 arbitrators (each Party to appoint 1 arbitrator and the 2 arbitrators so appointed to appoint the 3rdarbitrator who shall preside over the arbitral proceedings. Where either Party fails to appoint an arbitrator or the arbitrators fail to appoint the presiding arbitrator within 30 days after a request for a reference to arbitration is made by either Party, either Party may apply to the President, for the time being of the International Court of Arbitration for such appointment.
The seat of the arbitration shall be Lagos and the language of the proceedings shall be English. The decision of the arbitrators shall be final and binding on the Parties and all and any awards of the arbitrators shall be made in writing. The final award shall be made no more than four (4) months from the appointment of the tribunal but, insofar as this is impracticable, it shall be made as soon as possible after this prescribed period.
The Parties agree that any arbitration shall be limited to disputes, differences or claims between us and each User individually. To the full extent permitted by law, no arbitration or any other proceeding shall be joined with any other proceeding and that they waive any right or authority for any dispute, difference or claim to be arbitrated on a class-action basis or to utilize class action procedures. The Parties also agree that there is no right or authority for any dispute, difference or claim to be brought in a purported representative capacity on behalf of the general public or any other persons.
The inclusion of these arbitration provisions shall not be deemed or construed to prevent any Party from seeking urgent relief from competent courts in deserving circumstances.