These terms and conditions are the contract between you and Naijish (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
They are based on a set written by Net Lawman (https://www.netlawman.co.uk/) and released under licence. They protect your rights as well as ours .
I / We are Naijish, a business in the UK, our address is Kemp House 160 City Road, London, EC1V 2NX.
You are: Anyone who uses Our Website. Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
These are the agreed terms
|“Consumer”||means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.|
|“Content”||means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.|
|“Naijish Subscription”||means any service we provide, whether through Our Website or otherwise. It includes the subscription service we provide as set out on Our Website and in this contract.|
|“Post”||means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.|
|“Services”||means all of the services available from Our Website, whether free or charged.|
|“Our Website”||means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.|
|“Carrier”||means any person or business contracted by us to carry Goods from us to you.|
|“Goods”||means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.|
2. Our contract (for physical goods)
Naijish physical products
- This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
- If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
- The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
- If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
- We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
3. Acceptance of your order (physical products)
- Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order
- If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order.
4. Price and payment (physical products)
- The Price is as set out in the order.
- It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
- Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
- Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
- If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
- The price of the Goods does not include the delivery charge for some countries (see shipping policy) and will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
- If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
5. Cancellation and refunds
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
- We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
- The following rules apply to cancellation of your order:
- If you have ordered Goods, and received them, you may return your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
- We will return your money subject to the following conditions:
- we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
- you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
- The option to cancel your order is not available:
- if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
- if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.
- if the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
- You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
- In any of the above scenarios, we will return your money within 14 days.
6. Liability for subsequent defects
- Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 7 days of receipt of the Goods, we shall assume that you have accepted them.
- The procedure to return the faulty Goods is as follows:
- the Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.
- before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly, complied with any provisions relating to the power supply, plugs and sockets.
- please follow the returns procedure provided in our shipping policy on Our Website.
- We will return your money subject to the following conditions:
- we receive the Goods with labels and packaging intact.
- you comply with our returns procedure. We cannot return your money unless we know who sent them.
- you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
- If any defect is found, then we shall:
- repair or replace the Goods, or
- refund the full cost you have paid including the cost of returning the Goods.
7. Our contract (for Naijish subscription)
- These terms and conditions regulate the business relationship between you and us. By buying a Naijish Subscription or using Our Website free of charge, you agree to be bound by them.
- We do not offer the Services in all countries. We may refuse to provide the Services if you live in a country we do not serve.
- In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
- Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we charge from time to time.
- Our contract with you and licence to you last for one year from the date of start. Any continuation by us or by you after the expiry of one year is a new contract under the terms then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
- The contract between us comes into existence when we receive payment from you for a Service.
- If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
- We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.
- To use our services you must be 18 or older, or be 13 or older and have parent or guardian consent.
8. Your account and personal information
- When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
- You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
9. Naijish games subscription
- Our ‘Free Trial’ (basic Service) is free of charge. You may use it subject to your compliance with the terms of this agreement.
- Details of the cost and benefits of Naijish Subscription are as set out on Our Website. You may subscribe to Naijish Subscription Services at any time.
- If you subscribe to a Naijish Subscription as a Consumer, the law provides that you can opt out of your right to the 14 day cancellation period. Of course, we will not accept your subscription request unless you agree to lose your cancellation right.
- You do this by instructing us to allow subscription immediately, or as soon as we can. If you do that, we will give you a Naijish Subscription immediately and you lose your right to cancel your order.
- By accepting these terms, you now agree that you are instructing us to give you a Naijish Subscription immediately and you understand that, in doing so, you lose your right to cancel your order within 14 days.
- If you give up your right to cancel, that will apply to any renewal of your Naijish Subscription at any time from now.
- Apart from your cancellation right, termination of a Naijish Subscription will be regulated by this contract set out in paragraph 14 below.
- You may not transfer your Naijish Subscription to any other person.
- We reserve the right to modify the Naijish Subscription rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Naijish Subscription after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted here on Our Website on the day you join as a member.
10. Prices (Naijish games subscription)
- The price payable for Services that you order is clearly set out on Our Website.
- The price charged for any Service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
- Prices are inclusive of any applicable value added tax or other sales tax.
- Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
- Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
- You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
- If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.
11. Renewal payments (Naijish games subscription)
- At any time before expiry of your Naijish Membership, you may use the “My Account” page on Our Website to access your personal information and change your current plan or cancel renewal.
- At expiry of your Naijish Membership we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier.
- Subject to last previous sub-paragraph, you may cancel Naijish Membership within 1 day after the day we confirm the renewal of your Naijish Membership. If you do so we will refund your Membership cost within 14 days of receipt of this request.
- Other than the limitation set out above Naijish Membership is non-refundable and non-transferable.
12. Security of your credit card (all products)
We take care to make Our Website safe for you to use.
- Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
- If you have asked us to remember your credit card details for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
13. Restrictions on what you may Post to Our Website
- We may, at our discretion, read, assess, review or moderate any Content Posted on Our Website. If we do, we need not to notify you or give you a reason.
- You agree that you will not use or allow anyone else to use Our Website to Post a Content which is or may:
- be malicious or defamatory;
- consist in commercial audio, video or music files;
- be obscene, offensive, threatening or violent;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- solicit passwords or personal information from anyone;
- be used to sell any goods or services or for any other commercial use;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- link to any of the material specified above, in this paragraph.
- Post excessive or repeated off-topic messages to any forum or group;
- sending age-inappropriate communications or Content to anyone under the age of 18.
14. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorized by us;
- keywords or words repeated, which are irrelevant to the Content Posted.
- the name, logo or trademark of any organisation other than that of you or your client.
- inaccurate, false, or misleading information.
15. How we handle your Content
- If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control over who sees it or what anyone does with it.
- Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
- Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
- You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
- You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- Please notify us of any security breach or unauthorised use of your account.
16. Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure applies:
- your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email;
- we shall remove the offending Content as soon as we are reasonably able;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- we may re-instate the Content about which you have complained or not.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
17. Security of Our Website
- If you violate Our Website, we shall take legal action against you.
- You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
- share with a third party any login credentials to Our Website.
- Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
18. Disclaimers and limitation of liability
- The law differs from one country to another. This paragraph applies to sales throughout the EU and sales across the world.
- All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
- We make no representation or warranty that the Services will be:
- useful to you;
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, without interruption, or without error;
- We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
- You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
- We shall not be liable to you for any loss or expense which is:
- indirect or consequential loss; or
- economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
- This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.
- If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input but do not guarantee to agree with your judgement.
19. Duration and termination
- This agreement shall operate for the period for which you have subscribed to Naijish Subscription Service.
- You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement by sending notice to us by email. We reserve the right to check the validity of any request to terminate Subscription.
- Termination by either party shall have the following effects:
- your right to use the Services immediately ceases;
- we are under no obligation to forward any unread or unsent messages to you or any third party.
- In the event of such termination by us, we will within fourteen days refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed.
- There shall be no re-imbursement or credit if the Service is terminated due to your breach of the terms of this agreement.
- We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
20. Storage of data
- We assume no responsibility for the deletion or failure to store or deliver email or other messages.
- We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
- You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
21. Interruption to Services
- If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
- You acknowledge that the Services may also be interrupted for many reasons beyond our control.
- You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
- any act, neglect or default of yours in connection with this agreement or your use of the Services;
- your breach of this agreement;
- your failure to comply with any law;
- a contractual claim arising from your use of the Services.
23. Intellectual Property
- We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
- Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
24. Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
- If you are not happy with our services or have any complaint then you must tell us by email message to firstname.lastname@example.org or an updated address which you will find on Our Website.
- If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with the other in a process of mediation or arbitration.
- We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
25. Miscellaneous matters
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- If you are in breach of any term of this agreement, we may:
- terminate your account and refuse access to Our Website;
- remove or edit Content, or cancel any order at our discretion;
- issue a claim in any court.
- Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
- It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 72 hours if no notice of non-receipt has been received by the sender.
- This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
- Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
- The validity, construction and performance of this agreement shall be governed by the laws of England and Wales / Scotland / Northern Ireland and you agree that any dispute arising from it shall be litigated only in that country.