Terms of Use

BILLING

The Company sells Online Store, internet advertising space and related services (collectively “Services”) as described in its Site. The Company displays internet advertisements on various websites within Naira Shopping Mall service.

1. ACCEPTANCE OF TERMS

The service that provides to User is subject to the following Terms and Conditions; reserves the right to update the Terms and Conditions at any time without notice to Users.

This Agreement, which incorporates by reference other provisions applicable to use of Naira Shopping Mall, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in Naira Shopping Mall sets forth the terms and conditions that apply to use of Naira Shopping Mall by User. By using Naira Shopping Mall (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use Naira Shopping Mall is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any. Naira Shopping Mall shall have the right at any time to change or discontinue any aspect or feature of Naira Shopping Mall, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2. CHANGED TERMS

Naira Shopping Mall shall have the right at any time to change or modify the terms and conditions applicable to User’s of Naira Shopping Mall, or any part thereof, or to introduce new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Naira Shopping Mall, SMS, electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Naira Shopping Mall by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

3. DESCRIPTION OF SERVICES

Naira Shopping Mall provides User with access to a variety of resources, including download areas, communication forums and product information. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

4. EQUIPMENT

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Naira Shopping Mall and all charges related thereto.

5. PRIVACY
Please review our privacy policy, which also governs your use of Naira Shopping Mall services, to understand our practices

6. USER CONDUCT

A. User shall use Naira Shopping Mall for lawful purposes only. User shall not post or transmit through Naira Shopping Mall material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Naira Shopping Mall express prior approval.

B. Naira Shopping Mall contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound.  User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Naira Shopping Mall and the copyright owner..

C. User shall not upload post or otherwise make available on Naira Shopping Mall any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.


D. Naira Shopping Mall reserves the right to review materials posted and to remove any materials in its sole discretion. Naira Shopping Mall reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to refuse to post any information or materials, in whole or in part in its sole discretion.

7. MEMBER ACCOUNT, PASSWORD, AND SECURITY

User must complete the registration process by providing Naira Shopping Mall with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Naira Shopping Mall of any unauthorized use of User’s account or any other breach of security. Naira Shopping Mall will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge.

8. NOTICE SPECIFIC TO SOFTWARE AND DOCUMENTS AVAILABLE ON NIRA SHOPPING MALL

For your convenience, Naira Shopping Mall may make available as part of the services or its software products, tools and utilities for use and or download. Naira Shopping Mall does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services. Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear.

Naira Shopping Mall and/or its respective merchants make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind.

9. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE

Under no circumstance shall Naira Shopping Mall and/or its respective merchants be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or with the use or performance of information available from the services.

10. MATERIALS PROVIDED OR POSTED

Naira Shopping Mall does not claim ownership of the materials User provides on its websites, However, each “Submission” ( s) either by posting, uploading, inputting or submitting, user is automatically granting Naira Shopping Mall and/or its affiliated companies permission to copy, distribute, transmit, publicly display, reproduce, edit, translate their product catalogue in connection with the operation of their businesses on the site, users agree we can share the information for advertisement purpose and this will be for the interest of the user In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrant and represent that user is the copyright owner of such Images, or that the copyright owner of such Images has granted user permission to use such Images and content. No compensation will be paid with respect to the use of User’s Submission.

11. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

A. USER EXPRESSLY AGREES THAT USE OF NAIRA SHOPPING MALL IS AT USER’S SOLE RISK. NEITHER NAIRA SHOPPING MALL, OR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT NAIRA SHOPPING MALL WILL BE UNINTERRUPTED OR ERROR FREE..

B. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT NAIRA SHOPPING MALL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

C. IN NO EVENT WILL NAIRA SHOPPING MALL, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NAIRA SHOPPING MALL SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

D. FORCE MAJEURE – NAIRA SHOPPING MALL SHALL NOT BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE OF THE SITE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY OUR ORGANIZATION WITHIN A MAXIMUM OF TEN (10) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

LIMITATION OF LIABILITY

In no event shall the company be liable with respect to the site or the services

  • For any amount in the aggregate in excess of the fees paid by customer therefore;
  • For any indirect, incidental, punitive, or consequential damages of any kind whatsoever. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to customer.

CONFIDENTIALITY

Customer agrees not to disclose Company Confidential Information without the Company’s prior written consent. “Company Confidential Information” includes without limitation all Company software, technology, programming, technical specifications, materials, guidelines and documentation Customer learns, develops or obtains that relate to the Services or the Site, and any other information designated in writing by Company as “confidential” or any designation to the same effect. “Company Confidential Information” does not include information that has become publicly known through no breach by Customer or the Company, or information that has been

(a) Independently developed without access to Company Confidential Information as evidenced in writing;

(b) Rightfully received by Customer from a third party; or

(c) Required to be disclosed by law or by a governmental authority.

12. LINKS TO THIRD PARTY SITES

The links in this area will let you leave Naira Shopping Mall site, linked sites are not under the control of Naira Shopping Mall, We are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Naira Shopping Mall is not responsible for webcasting or any other form of transmission received from any linked site. Naira Shopping Mall is providing these links to you only as a convenience, and not in all occasion does the inclusion of a link imply endorsement by Naira Shopping Mall.

13. MONITORING

Naira Shopping Mall shall have the right, but not the obligation, to monitor the content of Naira Shopping Mall including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Naira Shopping Mall and to satisfy any law, regulation or authorized government request. Naira Shopping Mall shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Naira Shopping Mall. Without limiting the foregoing, Naira Shopping Mall shall have the right to remove any material that Naira Shopping Mall, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

14. INDEMNIFICATION

User agrees to defend, indemnify and hold harmless Naira Shopping Mall, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses arising out of the use of information provided on the User’s Account. By providing us with information regarding your name, company and product information and other contents automatically confirms your consent to the use of such information.

15. TERMINATION

Naira Shopping Mall or User may terminate MEMBERSHIP at any time. Without limiting the foregoing, Naira Shopping Mall shall have the right to immediately terminate User’s Account in the event of any conduct by User which Naira Shopping Mall in its sole discretion, considers to be unacceptable.

16. MISCELLANEOUS

This Agreement and any operating rules for Naira Shopping Mall established by Intellectual Computer Solutions constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

NAIRA SHOPPING MALL’S PROHIBITED CONTENT

The following is a list of prohibited or illegal usage of the Services. We reserve the right to investigate and take appropriate actions against anyone (in our sole discretion) violates these rules, including removing the store, products, advert, agreement cancellation and shutting vendor’s store without any refund or Company’s liability. Prohibited usage includes but is not limited to advertising of:

  • any Content or links to the Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another person’s privacy, hateful, harm minors or racially, ethnically or otherwise objectionable
  • any Content or links to the Content that contain nudity, violence, pornography, “adult content”
  • any Information that you know is false or misleading
  • any Content that promotes illegal or fraudulent activities
  • any Content that you do not have a right to make publicly available or promotes the illegal use of any work without rights or license
  • any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party without appropriate permission;
  • any “junk”, “spam”, “chain letters,” “pyramid schemes” etc.
  • any material that contains or links that lead to software viruses, spyware, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or other electronic equipment, steal or collect private information;
  • any material that collects or contains personal information of other Users for any unlawful purpose or without the User’s permission
  • Any material that promote fraudulent services and misleads Users to visit legally doubtful websites.

Other prohibited usage includes:

  • intentionally or unintentionally violating any applicable local, state, national or international law
  • collecting, storing or publishing available personal data about others without their acceptance
  • mislead Users by imitating any part of the Services for collecting personal data or other unlawful purpose

DISCLAIMER OF LIABILITYThe Company will not be responsible for controlling the content that users make available through the Naira Shopping Mall, and the Company is not liable for the accuracy of any content displayed through its Site. Customer assumes all risk related to its published content. Customer releases the Company from all liability related to the publication of its content through the Naira Shopping Mall site.

  • The services provided to customer are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Company does not warrant the results of use of the services, including, without limitation, the results of any advertising campaign, and customer assumes all risk and responsibility with respect thereto. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to customer.
  • Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on or through the site, services or any website linked to the site. Company will not be liable for the privacy of any information or content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with Customer’s use of the Services.
  • The Company will not be responsible for controlling the content that users make available through the Site, and the Company is not liable for the accuracy of any content displayed through its Site. Customer assumes all risk related to its published content. Customer releases the Company from all liability related to the publication of its content through the Site.
  • The services provided to customer are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Company does not warrant the results of use of the services, including, without limitation, the results of any advertising campaign, and customer assumes all risk and responsibility with respect thereto. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to customer.
  • Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on or through the site,

LIMITATION OF LIABILITY

In no event shall the company be liable with respect to the site or the services

  • For any amount in the aggregate in excess of the fees paid by customer therefore; or
  • For any indirect, incidental, punitive, or consequential damages of any kind whatsoever. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to customer.

CONFIDENTIALITY

Customer agrees not to disclose Company Confidential Information without the Company’s prior written consent. “Company Confidential Information” includes without limitation all Company software, technology, programming, technical specifications, materials, guidelines and documentation Customer learns, develops or obtains that relate to the Services or the Site, and any other information designated in writing by Company as “confidential” or any designation to the same effect. “Company Confidential Information” does not include information that has become publicly known through no breach by Customer or the Company, or information that has been

(a) Independently developed without access to Company Confidential Information as evidenced in writing;

(b) Rightfully received by Customer from a third party; or

(c) Required to be disclosed by law or by a governmental authority.

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