NAIJAGRACE : TERMS AND CONDITIONS
Last Updated 10 January 2019
1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and NAIJAGRACE MEDIA LIMITED, doing business as NAIJAGRACE , located at Adeniyi Jones Crescent, Off Oba Akran Av. , Ikeja, Nigeria, Lagos 104001 Nigeria (we, us), concerning your access to and use of the NAIJAGRACE (https://naijagrace.com) website as well as any related applications (the Site).
This Site provides the following services: Nigeria’s #1 Online News & Information Platform.
The best Platform for Website Starters: Creating, Building, and Designing Made easy!
Unlimited free and paid Offers, Products, and Services (Services). You agree that by accessing this Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using this Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on this Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of this Site represents that you have accepted such changes.
1.4 We may update or change this Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.
1.5 Our site is directed to people residing in ____Nigeria and Africa______. The information provided on this Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 This Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for this Site or use the Services without parental permission.
1.7 Additional policies which also apply to your use of this Site include:
● Our Privacy Notice https://naijagrace.com/privacy-policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using this Site, you consent to such processing and you warrant that all data provided by you is accurate.
● If you purchase digital goods, services, software, content, and/or physical goods from this Site, our terms and conditions of supply host.naijagrace.com/terms will apply to the sales, use, and licence.
2. Acceptable Use
2.1 You may not access or use this Site for any purpose other than that for which we make this Site and our services available. This Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.2 As a user of this Site, you agree not to:
● Systematically retrieve data or other content from this Site to a compile database or directory without written permission from us
● Make any unauthorized use of this Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
● Circumvent, disable, or otherwise interfere with security-related features of this Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
● Engage in unauthorized framing of or linking to this Site
● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
● Make improper use of our support services, or submit false reports of abuse or misconduct
● Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
● Interfere with, disrupt, or create an undue burden on this Site or the networks and services connected to this Site
● Attempt to impersonate another user or person, or use the username of another user
● Sell or otherwise transfer your profile
● Use any information obtained from this Site in order to harass, abuse, or harm another person
● Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of this Site
● Attempt to access any portions of this Site that you are restricted from accessing
● Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
● Delete the copyright or other proprietary rights notice from any of the content
● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of this Site, or any material that acts as a passive or active information collection or transmission mechanism
● Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
● Disparage, tarnish, or otherwise harm, in our opinion, us and/or this Site
● Use this Site in a manner inconsistent with any applicable laws or regulations
● Threaten users with negative feedback or offering services solely to give positive feedback to users
● Misrepresent experience, skills, or information about a User
● Falsely imply a relationship with us or another company with whom you do not have a relationship
3. Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at [email protected].
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
3.3 As part of the functionality of this Site, you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either: (a) providing your Third Party Account login information through this Site; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
3.4 By granting us access to any Third Party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through this Site via your account, including without limitation any friend lists; and (b) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.
Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on this Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through this Site.
You will have the ability to disable the connection between your account on this Site and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use this Site. At your email request to [email protected] or through your account settings (if applicable), we will deactivate the connection between this Site and your Third Party Account and attempt to delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that became associated with your account.
4. Content you provide to us
4.1 There may be opportunities for you to post content to this Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on this Site, and that they may be able to see who has posted that User Content.
4.2 In posting User Content, including reviews or making contact with other users of this Site you shall comply with our Acceptable Use Policy https://naijagrace.com/usage-policy.
4.3 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
4.4 We have the right to remove any User Content you put on this Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.
4.5 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on this Site do not represent our views or values
4.6 If you wish to complain about User Content uploaded by other users please contact us at [email protected] or use the take down or report button.
5. Our content
5.1 Unless otherwise indicated, this Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on this Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
5.2 Except as expressly provided in these Terms and Conditions, no part of this Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.3 Provided that you are eligible to use this Site, you are granted a limited licence to access and use this Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
5.4 You shall not (a) try to gain unauthorised access to this Site or any networks, servers or computer systems connected to this Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to this Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
5.5 We shall (a) prepare this Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to this Site that contains viruses.
5.6 The content on this Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on this Site.
5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on this Site is accurate, complete or up to date.
6. Link to third party content
6.1 This Site may contain links to websites or applications operated by third parties.We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.
6.2 We accept no responsibility for adverts contained within this Site. If you agree to purchase goods and/or services from any third party who advertises in this Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
7. Site Management
7.1 We reserve the right at our sole discretion, to (1) monitor this Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from this Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage this Site in a manner designed to protect our rights and property and to facilitate the proper functioning of this Site and Services.
7.2 We do not guarantee that this Site will be secure or free from bugs or viruses.
7.3 You are responsible for configuring your information technology, computer programs and platform to access this Site and you should use your own virus protection software.
8. Modifications to and availability of this Site
8.1 We reserve the right to change, modify, or remove the contents of this Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
8.2 We cannot guarantee this Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to this Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use this Site or Services during any downtime or discontinuance of this Site or Services.We are not obliged to maintain and support this Site or Services or to supply any corrections, updates, or releases.
8.3 There may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
9. Disclaimer/Limitation of Liability
9.1 This Site and Services are provided on an as-is and as-available basis. You agree that your use of this Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with this Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of this Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from this Site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through this site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
9.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
● We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
● If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using this Site/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply host.naijagrace.com/terms.
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
● use of, or inability to use, our Site/Services; or
● use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
● loss of profits, sales, business, or revenue;
● business interruption;
● loss of anticipated savings;
● loss of business opportunity, goodwill or reputation; or
● any indirect or consequential loss or damage.
If you are a consumer user:
● Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
● If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
● You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
10. Term and Termination
10.1 These Terms and Conditions shall remain in full force and effect while you use this Site or Services or are otherwise a user of this Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at [email protected].
10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of this Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of this Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in this Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
10.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.