Terms and Conditions of a Website or Mobile Application - Word & PDF Template Form Pro · NG-law

WEBSITE TERMS AND CONDITIONS

Effective date: ________

These Terms and Conditions constitute a legally binding agreement governing access to and use of the Website by You (the user), and ________, a company incorporated under the Companies and Allied Matters Act 2020 with registration number (RC) ________ and registered office at ________ (the "Owner"), being the owner and operator of the following website: ________ (the "Website"), accessible at the following URL: ________.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY as they affect Your legal rights and obligations.

§1. Definitions and Interpretation

In these Terms, unless the context otherwise requires:

(a) "Parties" means both You (the user of the Service) and the Owner of this Service;

(b) "Content" means any content, writing, images, audiovisual content or other information published on this Service;

(c) "Materials" means any materials, information or documentation provided to You in connection with Your use of the Products, including documentation, data and other materials which may assist in Your use of the Products or Service;

(d) "Terms" means these terms and conditions and any document expressly incorporated by reference;

(e) "Service" means the Website including all pages, sub-pages, blogs, forums and all other connected internet content;

(f) "Products" means the goods and products, both tangible and intangible, offered on the Website;

(g) "Personal Data", "Data Subject", "Processing" and "Data Controller" shall bear the meanings ascribed to them under the Nigeria Data Protection Act 2023;

(h) words importing the singular include the plural and vice versa, and headings are for convenience only and do not affect interpretation.

§2. About this Website

2.1 The Website is an online store engaged in the sale of the following Products:

________

2.2 This Website is comprised of various web pages operated by ________.

2.3 This Service is offered to You upon Your acceptance of these Terms and the conditions and notices contained herein. Your continued use of this Service constitutes Your agreement to all of these Terms.

§3. Agreement and Capacity

3.1 By accessing or using this Website, You acknowledge that You have read, understood and agree to be bound by these Terms. If You do not agree with these Terms, You must cease use of this Website immediately. When using the Service, You shall also be subject to any posted guidelines or rules applicable to such Service.

3.2 By using this Website, You represent and warrant that You are at least eighteen (18) years of age, or have attained the age of majority in Your jurisdiction, and possess the legal capacity to enter into a binding contract under the laws of the Federal Republic of Nigeria.

3.3 In accordance with section 17 of the Cybercrimes (Prohibition, Prevention, etc.) Act 2015, electronic agreements of this nature are recognised as valid and binding.

§4. Acceptable Use

4.1 The Owner may provide You with other items in connection with Your use of this Service.

4.2 The Owner grants You a licence to use the Service for Your personal, non-commercial use to retrieve, display and view the Content on a computer screen or device.

4.3 The licence created under these Terms is limited, non-exclusive, non-transferable and revocable.

4.4 You agree that You will not use the Content or Materials for any purpose contrary to the licence granted to use this Service.

4.5 Any unauthorised use by You shall automatically terminate the permission or licence granted by this Website.

§5. Prohibited Use

5.1 You are expressly prohibited from collecting, downloading, copying or otherwise communicating with other users from the Website for unauthorised purposes.

5.2 You agree not to use the Service in the following manner:

(i) to harass, abuse or threaten others or otherwise violate any person's legal rights;

(ii) to perpetrate fraud, including any conduct prohibited under the Cybercrimes (Prohibition, Prevention, etc.) Act 2015;

(iii) to create or transmit unsolicited or unnecessary spam to any person or URL;

(iv) to post or transmit any communication or solicitation designed to obtain the password, account or private information of other users;

(v) to post copyrighted content which does not belong to You without obtaining the prior consent of the author;

(vi) to use any robot, spider, scraper or other automated means to access this Service without the prior consent of the Owner;

(vii) to engage in or create any unlawful gambling, sweepstakes or scheme;

(viii) to publish or distribute any obscene, defamatory or unlawful material;

(ix) to use this Service in any way that impairs user access to the Website;

(x) to advertise or solicit any user to buy or sell products or services without the prior consent of the Owner;

(xi) to disseminate computer viruses or other malicious software;

(xii) to violate any intellectual property rights of the Owner or any third party; or

(xiii) to use the Website or any of the Services for illegal spam or phishing activities.

5.3 You additionally agree that You will not:

(i) interfere or attempt to interfere with the proper working of this Website;

(ii) bypass any measures used to prevent or restrict access to this Website;

(iii) interfere with or circumvent the security features of this Service;

(iv) damage, disable, overburden or impair this Service or any other person's use of this Service; or

(v) use this Service contrary to applicable laws and regulations or in a manner that causes or may cause harm to the Website, any person or business entity.

5.4 The Owner reserves the right to terminate Your use of the Service for any violation of the prohibited uses set out above.

§6. Intellectual Property Ownership

6.1 You agree that the Owner retains ownership of all Content on the Website (including text, graphics, video, software, data, page layout, images and any other information capable of being stored electronically), other than content uploaded by users.

6.2 You are granted a limited licence only, subject to the restrictions in these Terms. Nothing on this Website shall be construed as granting any licence or right to use any trademark or logo displayed on the Website without the prior written consent of the Owner. Such rights are protected under the Trade Marks Act, the Copyright Act 2022 and the Patents and Designs Act.

6.3 You agree not to reproduce or distribute the Owner's intellectual property or use such intellectual property for any unlawful purpose.

§7. Sale of Products and Services

7.1 The Website may offer Products or Services for sale or may permit third parties to sell Products and Services. The Owner undertakes to provide accurate information about the description of the Products and Services but does not guarantee the reliability of any such information.

7.2 The Owner does not guarantee the accuracy or reliability of any product or service sold by a third party, and You agree that any such purchase is made at Your own risk.

7.3 The Owner reserves the right to refuse to sell any Product on the Website at its sole discretion.

7.4 In accordance with the Federal Competition and Consumer Protection Act 2018, and subject to the terms of our return policy, where You are not satisfied with Your purchase, the Owner offers returns, refunds, repairs and replacement of Products sold on the Website within the following period: ________.

7.5 All refunds will be made using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.

§8. Payment and Billing

8.1 If You register for the Services or purchase any Product, You agree to pay the full price of the Products when the purchase is made.

8.2 The total price shall include all taxes applicable on the date of purchase, including Value Added Tax in accordance with the Value Added Tax Act.

8.3 The total price of the Products, including all applicable taxes and any delivery charges, will be confirmed upon the confirmation of Your order.

8.4 Accepted methods of payment on the Website are as follows: ________.

§9. Delivery and Shipping of Products

9.1 The Owner delivers Products to the following countries:

________

9.2 The Owner uses the following delivery services to deliver Products:

________

9.3 Products purchased will be delivered to the address You provide within the following period: ________. The Products may be delivered in instalments.

9.4 If no one is available to take delivery, You are required to contact the Owner using the contact details set out in §21.

§10. Data Protection and Privacy

10.1 The Owner processes Personal Data as a Data Controller in accordance with the Nigeria Data Protection Act 2023 and the Nigeria Data Protection Regulation 2019. To use the Service, the Owner requires You to provide certain Personal Data, and by using the Service You consent to the lawful processing of such Personal Data for the purposes described herein.

10.2 Information collected and used: The Owner may collect passive information from users, including cookies, IP address information, location information and certain browser information.

10.3 Sales and billing information: The Owner may collect Your credit and/or debit card information, billing address, contact address and other information required for Your purchases. Such information is processed through secure payment channels in compliance with applicable Central Bank of Nigeria guidelines.

10.4 User experience: The Owner may from time to time request Personal Data necessary to improve the Service and the Products offered for sale on this Website, and may receive information from external applications You use to access the Service or through web technologies such as cookies and log files, with Your permission.

10.5 Lawful basis and rights: Personal Data is processed on the basis of Your consent, the performance of a contract, or the legitimate interests of the Owner. As a Data Subject, You have the right to access, rectify, erase, restrict and object to the processing of Your Personal Data, and the right to data portability and to lodge a complaint with the Nigeria Data Protection Commission.

10.6 Protection and retention: The Owner shall implement appropriate technical and organisational measures to safeguard Your Personal Data against loss, misuse or unauthorised access, but cannot guarantee absolute security. Where You terminate Your account, the Owner shall retain Your information for the following period: ________, after which it shall be securely deleted unless a longer retention period is required by law.

10.7 The Owner shall not transfer Personal Data outside Nigeria except in compliance with the cross-border transfer provisions of the Nigeria Data Protection Act 2023.

§11. Links to Third Party Sites and Services

The Website may contain links to other websites. Such linked sites are not under the control of the Owner, and You agree that the Owner is not liable for the contents of any linked site or any link contained within a linked site.

§12. Electronic Communications

You consent to receive electronic communications, and You agree that all agreements, notices, disclosures and other communications provided to You electronically, via email and on this Website, satisfy any legal requirement that such communications be in writing, in accordance with the Cybercrimes (Prohibition, Prevention, etc.) Act 2015 and the Evidence Act 2011 (as amended).

§13. Reverse Engineering and Security

You agree as follows:

(i) not to reverse engineer, permit the reverse engineering of, or disassemble any code or software from or on the Website or Services; and

(ii) not to violate the security of the Website or other Services through any unauthorised access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.

§14. Changes to the Service

14.1 You accept that the Owner may vary, alter, amend or update the Content, Service or Products at any time without Your consent.

14.2 You agree that the Products may not be available at all times, whether as a result of maintenance or for any other reason, and the Owner shall not be liable for any failure to provide the Service.

§15. Indemnification

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§16. Disclaimer of Warranties

16.1 You agree that You use this Website solely at Your own risk, as the Owner does not warrant the accuracy of the Content on this Website. You assume all risk of viewing, reading or downloading the Content.

16.2 To the fullest extent permitted by law, the Owner disclaims all express and implied warranties, including any implied warranty of merchantability and fitness for a particular purpose, and makes no warranty that the Website or Services will be accurate, error-free, secure or uninterrupted.

16.3 Nothing in these Terms shall exclude or limit any statutory rights or warranties conferred on consumers by the Federal Competition and Consumer Protection Act 2018 or any other mandatory provision of Nigerian law which cannot lawfully be excluded.

§17. Limitation of Liability

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§18. Service Interruptions

The Owner may from time to time interrupt Your access to or use of this Website to perform maintenance or emergency services, and You agree that the Owner shall not be liable for any damage or loss arising therefrom.

§19. Termination and Restriction of Access

19.1 The Owner reserves the right, at its sole discretion, to terminate Your access to this Website and the related Service, or any part thereof, at any time, for any reason and without notice.

19.2 The Owner shall have the right to terminate or suspend Your account for any violation of these Terms.

19.3 Where You are a registered user, You may terminate Your use of the Service at any time by giving prior notice to the Owner, after which You shall no longer be bound by these Terms, save for those provisions which by their nature survive termination.

§20. General Provisions

20.1 Assignment: The Owner may assign or transfer its rights and/or obligations under these Terms. You shall not assign or transfer any rights and/or obligations under these Terms without the prior written consent of the Owner.

20.2 Entire Agreement: These Terms, together with any disclaimers and other agreements relating to the use of this Website, constitute the entire agreement between the Parties and supersede any prior agreement.

20.3 Separate Agreements: You may have other legal agreements with the Owner. Those agreements are separate from these Terms and are not intended to be altered, amended, revised or replaced by these Terms.

20.4 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

20.5 Severability: If any provision of these Terms is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be severed from the remaining provisions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

20.6 Waiver: The failure or delay of the Owner to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

20.7 Dispute Resolution: In the event of any dispute, claim or controversy arising out of or in connection with these Terms, the Parties shall first attempt to resolve the dispute amicably through negotiation. Where the dispute cannot be resolved amicably within ________, it shall be referred to arbitration in accordance with the Arbitration and Mediation Act 2023, before a sole arbitrator appointed by the Parties, with the seat of arbitration at ________ and proceedings conducted in the English language. The courts of the Federal Republic of Nigeria shall have supervisory jurisdiction.

§21. Contact Information

Any questions, notices or complaints regarding these Terms may be directed to the Owner at: ________ or by telephone on ________.

The data protection contact of the Owner is: ________.