Terms and Conditions

This Agreement was last modified on 18 February 2016.

The information contained here is a summary of our terms. Please refer to other policies contained on the site for full details of our terms and conditions.

Every customer is unique and special to us. Hence, MallforLagos undertakes to treat all personal information as private and as confidential as possible. Your account information will not be shared with anyone or party, and will be protected by our Privacy Policy. An email notification will be sent to you whenever a transaction is performed on your account; this is to keep you informed of your account activities at all times.

As a condition of purchase, MallforLagos requires your permission to send you newsletters regarding featured Products and Services, as well as promotional offers. You can choose to opt-out of our newsletters at any point in time by simply clicking the “unsubscribe link” at the bottom of any of our email correspondences. For more information, please see our Privacy Policy for details.

By placing an order, you make an offer to us to purchase the products and/or services you have selected. All products and services on the site are covered by the standard MallforLagos terms and conditions, as well other Policies contained here-in.

The User is required to create an account in order to successfully make a purchase on our site. From your account, you can update your personal information, view your past purchases, print out invoices and modify your preferences. Guest check outs are also permissible from time to time.

MallforLagos offers no warranty as to the Quality, Safety, Usability or other aspect of any product sold on the site. All products sold on the site are covered by the standard manufacturer’s warranty (if provided by the manufacturer). MallforLagos will not be held liable for any claim pertaining to product warranties. However, we would ensure that all products sold on the site are genuine and meet the specifications as advertised on the products’ features and highlights. We also undertake to provide great after-sales support aimed at ensuring our customers derive

Typically, MallforLagos acts as an intermediary between customers and merchants; hence its promotional offers are based on information received from businesses and their associates, except where stated otherwise.

Acceptance & Terms of Service

By using this site (the “Site”), you (the “User”) agree to the terms and conditions that we (“MallforLagos”) have provided. If you do not agree to these terms and conditions (the “Terms of Use” or “Agreement”), please refrain from using the Site.

MallforLagos reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any changes that may be made. In the event that certain changes to our Terms of Use and Privacy Policy are made, and you continue to use the Site, it is understood that you agree to the Terms of Use and Privacy Policy expressed herein. However, MallforLagos will endeavor to communicate any update or changes to her policies electronically as at when due.

General

By using this Site, the User agrees to comply with all the terms and conditions herein. The right to use this Site is personal to the User and is not transferable to any other person, account or entity. The User shall be responsible for protecting the confidentiality of User’s password(s) and all other personal information. User acknowledges that, although the Internet is often a secure environment, there could be interruptions in service or events that will be beyond the control of MallforLagos, and MallforLagos shall not be held responsible for any data lost while transmitting information on the Internet. While it is the objective of MallforLagos to make the Site accessible at all times to Users, the Site may be unavailable from time to time for certain reasons including, without limitation, downtimes, scheduled maintenance and upgrades. You understand and acknowledge that due to such circumstances, access to the Site may be interrupted, suspended or terminated from time to time. MallforLagos reserves the right at any time to alter or discontinue any aspect or feature of MallforLagos, including, but not limited to contents, hours of availability and equipment needed for access or use. Furthermore, MallforLagos may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

MallforLagos shall not be held liable for any damages to the End User’s device resulting from the use of this Site and other associated contents.

Modified Terms

MallforLagos reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as deemed necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you read through this important notice containing our Terms of Use and Privacy Policy from time to time in order that you are kept abreast of such changes.

User Conduct

MallforLagos and any other site contained within or otherwise available through external hyperlinks within our Site (the “Microsites”) are private properties. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all Users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. User shall not post or transmit through this Site, any material which violates or infringes in any way upon the rights of others, or any material 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 MallforLagos’ express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by any User that in MallforLagos’ exclusive discretion restricts or inhibits any other User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other online or offline services directly or indirectly competitive or potentially competitive with MallforLagos.

The foregoing provisions of this Section apply equally to and are for the benefit of MallforLagos, its subsidiaries, associates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf
Copyright and Trademarks

Everything located on or in this Site, including the Microsites, is the exclusive property of Tempy’s Place, or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF MALLFORLAGOS IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and /or criminal penalties.

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of MallforLagos protected by copyright as a collective work under the Federal Republic of Nigeria and foreign copyright laws. MallforLagos owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download / print / save copyrighted material for User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of MallforLagos and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with MallforLagos shall not be deemed to be in the public domain but rather the exclusive property of MallforLagos, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of MallforLagos, unless otherwise stated.

User shall not upload, post or otherwise make available on this Site 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. MallforLagos does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, User warrants that the owner of such material has expressly granted MallforLagos the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants MallforLagos the right to edit, copy, publish and distribute any material made available on this Site by User.

If User or any user of this site believes its copyright, trademark or other property rights have been infringed by content on the Site, User or other user should send notification to MallforLagos’ designated Agent (as identified below) immediately.

To be effective, such notifications from the user must comply with the following instructions:

  • Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
  • Identify the material that you claim is infringing the copyrighted work listed above.
  • Provide information reasonably sufficient to permit us to contact you (email address is preferred).
  • Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
  • Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
  • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Sign the paper and send the written communication to MallforLagos office address.

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the Nigerian Copyright Office for adjudication.

 

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT USER’S SOLE RISK. NEITHER MALLFORLAGOS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE MICROSITES.

THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

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 MALLFORLAGOS 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.

IN NO EVENT SHALL MALLFORLAGOS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY 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 THIS SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER MALLFORLAGOS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

MALLFORLAGOS IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY MALLFORLAGOS. MOREOVER, MALLFORLAGOS RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT CONTENTS DEEMED UNSUITABLE.

Monitoring

MallforLagos shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by MallforLagos, as well as to satisfy any applicable law, regulation or authorized government request in its sole discretion, finds to be in violation of the provisions hereof.

Privacy

User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read User’s communications without User’s knowledge. MallforLagos does not control or endorse the content, messages or information found in any Community, and, therefore, MallforLagos specifically disclaims any liability concerning the Communities and any actions resulting from Users participation in any Community, including any objectionable content. Generally, any communication which User posts to MallforLagos (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by MallforLagos as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, User grants MallforLagos the right to use such comments, messages or information for promotions, advertising, analysis, and any other purpose.

License Grant

By posting communications on or through this Site, User shall be deemed to have granted to MallforLagos a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.

Indemnification

User agrees to defend, indemnify and hold harmless, MallforLagos, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of this Site and/or the Microsites.

Termination

MallforLagos may terminate this Agreement at any time. Without limiting the foregoing, MallforLagos shall have the right to immediately terminate any passwords or accounts of User in the event of any conduct by User which MallforLagos, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

Trademarks & Patents

Unless otherwise indicated, all trademarks and registered entities or patents appearing on MallforLagos.com remain the sole property of their respective owners and parties.

Third Party Content

MallforLagos, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, MallforLagos has no more editorial control over such content than does a public library, bookstore or news stand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other Users are those of the respective author(s) or distributors) and not of Tempy’s Place. Neither MallforLagos nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, User, or other user not under contract with MallforLagos. MallforLagos neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on MallforLagos by anyone other than authorized MallforLagos employee spokespersons while acting in official capacities. Under no circumstances will MallforLagos be liable for any loss or damage caused by any User’s reliance on information obtained through MallforLagos. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through MallforLagos.

MallforLagos may contain links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by MallforLagos of the contents on such third-party sites and MallforLagos hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If User decides to access linked third-party Web sites, User does so at its own risk. Unless you have executed a written agreement with MallforLagos expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website.

MallforLagos reserves the right to revoke its consent to any link at any time in its sole discretion.

Miscellaneous

This Agreement and any operating rules for MallforLagos established by MallforLagos constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside those where we maintain a legal entity, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

MallforLagos headquarters is in Lagos, Nigeria. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the Federal Republic of Nigeria (exclusive of its rules regarding conflicts of laws). By using this Site, User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Microsite, shall be finally settled by arbitration in Lagos, Nigeria under the applicable rules of arbitration.

 

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