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Terms & Conditions
Table of Contents
Introduction
This Term of Service defines the principles and terms for
using Promallstore online shop available at
http://www.promallshop.com operated by Proxynet
Communications Limited., The Proxynet House, 5B Adedeji
Close, Opebi, Ikeja, Lagos, Nigeria, It defines the
principles for placing Orders and concluding sales contracts
via remote means of communication, as well as logistics and
payment infrastructure, for the sale and purchase of
consumer products.These general terms and conditions shall
apply to buyers on the marketplace and shall govern your use
of the marketplace and related services.
By using our marketplace, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our marketplace. If you use our marketplace in the course of a business or other organizational project, then by so doing you confirm that you have obtained the necessary authority to agree to these general terms and conditions;
Bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and
Agree that "you" in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.
By using our marketplace, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our marketplace. If you use our marketplace in the course of a business or other organizational project, then by so doing you confirm that you have obtained the necessary authority to agree to these general terms and conditions;
Bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and
Agree that "you" in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.
Registration and account
You may not register with our marketplace if you are under
18 years of age (by using our marketplace or agreeing to
these general terms and conditions, you warrant and
represent to us that you are at least 18 years of age).
You represent and warrant that all information provided in the registration form is complete and accurate.
If you register for an account with our marketplace, you will be asked to provide an email address/user ID and password and you agree to:Keep your password confidential;
Notify us in writing immediately (using our contact details provided at section 13) if you become aware of any disclosure of your password; and
Be responsible for any activity on our marketplace arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.
You may cancel your account on our marketplace by contacting us as provided at section 13.
You represent and warrant that all information provided in the registration form is complete and accurate.
If you register for an account with our marketplace, you will be asked to provide an email address/user ID and password and you agree to:Keep your password confidential;
Notify us in writing immediately (using our contact details provided at section 13) if you become aware of any disclosure of your password; and
Be responsible for any activity on our marketplace arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.
You may cancel your account on our marketplace by contacting us as provided at section 13.
Terms & Conditions of Sale
You acknowledge and agree that:
The marketplace provides an online location for buyers to purchase products;
The price for a product will be as stated in the relevant product listing;
Delivery charges, packaging charges, handling charges, administrative charges, other ancillary costs and charges, will be applicable only if this is expressly and clearly stated in the product listing
The marketplace provides an online location for buyers to purchase products;
The price for a product will be as stated in the relevant product listing;
Delivery charges, packaging charges, handling charges, administrative charges, other ancillary costs and charges, will be applicable only if this is expressly and clearly stated in the product listing
Returns and refunds
Returns of products by buyers shall be managed by us.
Acceptance of returns shall be in our discretion, subject to
compliance with applicable laws of the territory
Payments
You must make payments due under these general terms and
conditions in accordance with the Payments Information and
Guidelines on the marketplace
Use of website
In this section 8 words "marketplace" and "website" shall be
used interchangeably to refer to Promallshop’s website.
You may:
view pages from our website in a web browser;
download pages from our website for caching in a web browser;
print pages from our website for your own personal and noncommercial use, providing that such printing is not systematic or excessive;
use our marketplace services by means of a web browser, subject to the other provisions of these general terms and conditions.
Except as expressly permitted by the provisions of these general terms and conditions, you must not download any material from our website or save any such material to your computer
You may only use our website for your own personal and business purposes in respect of purchasing products on the marketplace
Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.
You may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.
We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
You must not:
use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
hack or otherwise tamper with our website;
probe, scan or test the vulnerability of our website without our permission;
circumvent any authentication or security systems or processes on or relating to our website;
use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
decrypt or decipher any communications sent by or to our website without our permission;
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
use our website except by means of our public interfaces;
violate the directives set out in the robots.txt file for our website;
use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
do anything that interferes with the normal use of our website.
You may:
view pages from our website in a web browser;
download pages from our website for caching in a web browser;
print pages from our website for your own personal and noncommercial use, providing that such printing is not systematic or excessive;
use our marketplace services by means of a web browser, subject to the other provisions of these general terms and conditions.
Except as expressly permitted by the provisions of these general terms and conditions, you must not download any material from our website or save any such material to your computer
You may only use our website for your own personal and business purposes in respect of purchasing products on the marketplace
Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.
You may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.
We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
You must not:
use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
hack or otherwise tamper with our website;
probe, scan or test the vulnerability of our website without our permission;
circumvent any authentication or security systems or processes on or relating to our website;
use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
decrypt or decipher any communications sent by or to our website without our permission;
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
use our website except by means of our public interfaces;
violate the directives set out in the robots.txt file for our website;
use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
do anything that interferes with the normal use of our website.
Copyright and trademarks
Subject to the express provisions of these general terms and
conditions:
we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
all the copyright and other intellectual property rights in our website and the material on our website are reserved.
Promallshop’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such right
we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
all the copyright and other intellectual property rights in our website and the material on our website are reserved.
Promallshop’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such right
Data Privacy
Buyers agree to processing of their personal data in
accordance with the terms of Promallshop’s Privacy and
Cookie Notice
Promallshop shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.
Promallshop shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.
Limitations and exclusions of liability
Nothing in these general terms and conditions will:
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities or statutory rights that may not be excluded under applicable law.
In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.
We will not be liable to you for any loss or damage of any nature, including in respect of:
any losses occasioned by any interruption or dysfunction to the website;
any losses arising out of any event or events beyond our reasonable control;
any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
any loss or corruption of any data, database or software; or
any special, indirect or consequential loss or damage.
We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the marketplace or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Our marketplace includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities or statutory rights that may not be excluded under applicable law.
In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.
We will not be liable to you for any loss or damage of any nature, including in respect of:
any losses occasioned by any interruption or dysfunction to the website;
any losses arising out of any event or events beyond our reasonable control;
any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
any loss or corruption of any data, database or software; or
any special, indirect or consequential loss or damage.
We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the marketplace or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Our marketplace includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Indemnification
You hereby indemnify us, and undertake to keep us
indemnified, against:
any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our marketplace or any breach by you of any provision of these general terms and conditions, policies or guidelines; and
any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our marketplace, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.
any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our marketplace or any breach by you of any provision of these general terms and conditions, policies or guidelines; and
any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our marketplace, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.
Breaches of these general terms and conditions
If we permit the registration of an account on our
marketplace it will remain open indefinitely, subject to
these general terms and conditions.
If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions, policies or guidelines in any way we may:
temporarily suspend your access to our marketplace;
permanently prohibit you from accessing our marketplace;
block computers using your IP address from accessing our marketplace;
contact any or all of your internet service providers and request that they block your access to our marketplace;
suspend or delete your account on our marketplace; and/or
commence legal action against you, whether for breach of contract or otherwise.
Where we suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions, policies or guidelines in any way we may:
temporarily suspend your access to our marketplace;
permanently prohibit you from accessing our marketplace;
block computers using your IP address from accessing our marketplace;
contact any or all of your internet service providers and request that they block your access to our marketplace;
suspend or delete your account on our marketplace; and/or
commence legal action against you, whether for breach of contract or otherwise.
Where we suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Law and jurisdiction
These general terms and conditions shall be governed by and
construed in accordance with the laws of the territory.
Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory
Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory
Our company details
The marketplace is operated by Proxynet Communications
Limited Limited. We are registered in Nigeria, and our head
office is at The Proxynet House, 5B, Adedeji Close, off
Opebi Road, Ikeja, Lagos, Nigeria. You can contact us by
using our contact form