Terms of Service
Terms
of Service
Last Updated: November
20, 2020
Introduction
The Terms
and Conditions (“Terms”) describe how 360 INDUSTRIAL SURPLUS
SUPPLY LIMITED in Nigeria (“Company,” “we,” and “our”) regulates your
use of this website http://isurplus.ng (the “Website”). Please read
the following information carefully to understand our practices regarding your
use of the website. The Company may change the Terms at any time. The Company
may inform you of the changes to the Terms using the available means of communication.
The Company recommends you to check the website frequently to see the actual
version of the Terms and their previous versions.
If you
represent a legal entity, you certify that you entitled by such a legal entity
to conclude the Terms as the legal entity you represent.
Privacy Policy
Our
Privacy Policy is available on a separate page. Our Privacy Policy explains to
you how we process information about you. You shall understand that through
your use of the website you acknowledge the processing of this information
shall be undertaken in accordance with the Privacy Policy.
Your Account
When
using the website, you shall be responsible for ensuring the confidentiality of
your account, password and other credentials and for secure access to your
device. You shall not assign your account to anyone. The Company is not
responsible for unauthorized access to your account that results from
misappropriation or theft of your account. The Company may refuse or cancel
service, terminate your account, and remove or edit content.
The
Company does not knowingly collect personal data from persons under the age of
16 (sixteen). If you are under 16 (sixteen) years old, you may not use the
website and may not enter into the Terms under any circumstances.
Services
The website
allows you to use Services available on the website. You shall not use the
services for the illegal aims.
We may,
at our sole discretion, set fees for using the website for you. All prices are
published separately on relevant pages on the website. We may, at our sole
discretion, at any time change any fees.
We may
use certified payment systems, which also may have their commissions. Such
commissions may be implied on you when you choose a particular payment system.
Detailed information about commissions of such payment systems may be found on
their websites.
Third Party Services
The
website may include links to other websites, applications, and platforms
(hereinafter the "Linked Sites").
The
Company does not control the Linked Sites, and shall not be responsible for the
content and other materials of the Linked Sites. The Company makes these links
available to you for providing the functionality or services on the website.
Prohibited Uses and Intellectual Property
The
Company grants you a non-transferable, non-exclusive, revocable license to
access and use the website from one device in accordance with the Terms. You
shall not use the website for unlawful or prohibited purpose. You may not use
the website in a way that may disable, damage, or interfere in the website.
All
content present on the website includes text, code, graphics, logos, images,
compilation, software used on the website (hereinafter and hereinbefore the
"Content"). The Content is the property of the Company or its
contractors and protected by intellectual property laws that protect such
rights. You agree to use all copyright and other proprietary notices or
restrictions contained in the Content and you are prohibited from changing the
Content.
You may
not publish, transmit, modify, reverse engineer, participate in the transfer,
or create and sell derivative works, or in any way use any of the Content. Your
enjoyment of the website shall not entitle you to make any illegal and
disallowed use of the Content, and in particular you shall not change
proprietary rights or notices in the Content. You shall use the Content only
for your personal and non-commercial use. The Company does not grant you any
licenses to the intellectual property of the Company.
The Company Materials
By posting,
uploading, inputting, providing or submitting your Content you are granting the
Company to use your Content in connection with the operation of Company's
business including, but not limited to, the rights to transmit, publicly
display, distribute, publicly perform, copy, reproduce, and translate your
Content; and to publish your name in connection with your Content.
No
compensation shall be paid with regard to the use of your Content. The Company
shall have no obligation to publish or enjoy any Content you may send us and
may remove your Content at any time.
By
posting, uploading, inputting, providing or submitting your Content you warrant
and represent that you own all of the rights to your Content.
Disclaimer of Certain Liabilities
The
information available via the website may include typographical errors or
inaccuracies. The Company shall not be liable for these inaccuracies and
errors.
The
Company makes no representations about the availability, accuracy, reliability,
suitability, and timeliness of the Content contained on and services available
on the website. To the maximum extent allowed by the applicable law, all such
Content and services are provided on the "as is" basis. The Company
disclaims all warranties and conditions regarding this Content and services,
including warranties and provisions of merchantability, fitness for a certain
purpose.
To the
maximum extent permitted by the applicable law, in no event shall the Company
be liable for any direct, indirect, incidental, consequential, special,
punitive damages including, but not limited to, damages for loss of enjoyment,
data or profits, in the connection with the enjoyment or execution of the
website in the context of the inability or delay to enjoy the website or its
services, or for any Content of the website, or otherwise arising out of the
enjoyment of the website, based on contract and non-contract liability or other
reason.
If the
exclusion or limitation of liability for damages, whether consequential or
incidental, are prohibited in a particular case, the exclusion or limitation of
liability shall not apply to you.
Indemnification
You agree
to indemnify, defend and hold harmless the Company, its managers, directors,
employees, agents, and third parties, for any costs, losses, expenses
(including attorneys' fees), liabilities regarding or arising out of your
enjoyment of or inability to enjoy the website or its services and Company’s
services and products, your violation of the Terms or your violation of any
rights of third parties, or your violation of the applicable law. The Company
may assume the exclusive defense and you shall cooperate with the Company in
asserting any available defenses.
Termination and Access Restriction
The
Company may terminate your access and account to the website and its related
services or any part at any time, without notice, in case of your violation of
the Terms.
Miscellaneous
The
governing law of the Terms shall be the substantive laws of the country where
the Company is set up, except the conflict of laws rules. You shall not use the
website in jurisdictions that do not give effect to all provisions of the
Terms.
No joint
venture, partnership, employment, or agency relationship shall be implied
between you and the Company as a result of the Terms or use of the website.
Nothing
in the Terms shall be a derogation of the Company's right to comply with
governmental, court, police, and law enforcement requests or requirements
regarding your enjoyment of the website.
If any
part of the Terms is determined to be void or unenforceable in accordance with
applicable law then the void or unenforceable clauses will be deemed superseded
by valid and enforceable clauses shall be similar to the original version of
the Terms and other parts and sections of the Terms shall be applicable to you
and the Company.
The Terms
constitute the entire agreement between you and the Company regarding the
enjoyment of the website and the Terms supersede all prior or communications
and offers, whether electronic, oral or written, between you and the Company.
The
Company and its affiliates shall not be liable for a failure or delay to
fulfill its obligations where the failure or delay results from any cause
beyond Company's reasonable control, including technical failures, natural
disasters, blockages, embargoes, riots, acts, regulation, legislation, or
orders of government, terroristic acts, war, or any other force outside of
Company's control.
In case
of controversies, demands, claims, disputes, or causes of action between the
Company and you relating to the website or other related issues, or the Terms,
you and the Company agree to attempt to resolve such controversies, demands,
claims, disputes, or causes of action by good faith negotiation, and in case of
failure of such negotiation, exclusively through the courts of the country
where the Company is set up.
Complaints
We are
committed to resolve any complaints about our collection or use of your
personal data. If you would like to make a complaint regarding this Terms or
our practices in relation to your personal data, please contact us through our
website. We will reply to your complaint as soon as we can and in any event,
within 30 days. We hope to resolve any complaint brought to our attention,
however if you feel that your complaint has not been adequately resolved, you
reserve the right to contact your local data protection supervisory authority.
Contact Information
We
welcome your comments or questions about our Terms. You may contact us through
the contact information available on our website.