Welcome to Ninija Mall. These Terms of Use describe the terms and conditions applicable to your access and use of the websites at www.Ninija.ng(“Site”). This document is a legally binding agreement between you as the user(s) of the Sites (referred to as “you”, “your” or “User” hereinafter) and the Ninija entity listed in clause 2.1 below (referred to as “we”, “our” or “Ninija.ng” hereinafter).

Definitions

“Company” shall mean Ninija Company its director and assigns or any person acting on behalf of and with the authority of Ninija Company.

“Customer” shall mean the Customer or any person acting on behalf of and with the written authority of the Customer.

“Work” shall mean all Works (including the supply of Materials) undertaken by the Company and described in this contract and includes any advice or recommendations.

“Materials” shall means Materials required to complete the Works.

“Prime Cost Item” shall mean an item that either has not been selected, or whose Price is not known, at the time this contract is entered into and for the cost of supply and delivery of which the Company must make a reasonable allowance in the contract.

“Provisional Sum” shall mean an estimate of the cost of carrying out Works under this contract for which the Company, after making all reasonable inquiries, cannot give a definite Price at the time this contract is entered.

“Price” shall mean the Price of the Works as agreed between the Company and the Customer.

1. Application and Acceptance of the Terms

1.1 Your use of the Sites and Ninija’s services, software and products (collectively the as the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy, the Product Listing Policy and any other rules and policies of the Sites that Ninija may publish from time to time. This document and such other rules and policies of the Sites are collectively referred to below as the “Terms”. By accessing the Sites or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Sites if you do not accept all of the Terms.

1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Ninija, or (b) you are not permitted to receive any Services under the laws of Nigeria or other countries / regions including the country / region in which you are resident or from which you use the Services.

1.3 You acknowledge and agree that Ninija may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to use the Services or the Sites, you agree that the amended Terms will apply to you.

1.4 If Ninija has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Sites.

1.5 You may be required to enter into a separate agreement, whether online or offline, with Ninija or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.

1.6 The Terms may not otherwise be modified except in writing by an authorized officer of Ninija.

2. Provision of Services

2.1 The Ninija contracting entity that you are contracting with is Ninija having office at Suite A01, Gostu Plaza First Avenue Gwarinpa FCT Abuja Nigeria.

2.2 You must register as a member on the Sites in order to access and use some Services. Further, Ninija reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that Ninija may impose in our discretion.

2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Ninija may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.

2.4 Ninija may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.

2.5 Some Services may be provided by Ninija’s affiliates on behalf of Ninija Company.

2.6  Any order can’t be canceled once the order is placed on the website. For further details  please mail or call us.

3. Users Generally

3.1 As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when using the Sites or Services.

3.2 You agree to use the Sites or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Sites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Eleczo.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Ninija is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.

3.3 You must read Ninija.ng’s Privacy Policy which governs the protection and use of personal information about Users in the possession of Ninija and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.

3.4 Ninija may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web sites. You are cautioned to read such web sites’ terms and conditions and/or privacy policies before using the Sites. You acknowledge that Ninija has no control over such third parties’ web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.

3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Ninija and/or any other User nor to gain unauthorized access to such computer systems or networks.

3.6 You agree not to undertake any action which may undermine the integrity of Ninija’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.

3.6 You agree not to undertake any action which may undermine the integrity of Ninija’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.

4.Member Account

4.1 User must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member” below). Except with Ninija’s approval, one User may only register one-member account on the Sites. Ninija may cancel or terminate a User’s member account if Ninija has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, Ninija may reject User’s application for registration for any reason.

4.2 Upon registration on the Sites, Ninija shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.

4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify Ninija immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.

4.4 Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.

4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to Ninija or other Users of the Sites. Member shall indemnify Ninija Company, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Ninija shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.

5.Force Majeure

5.1 Under no circumstances shall Ninija be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

6. Intellectual Property Right

6.1 Ninija is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with Ninija Company, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Ninija are hereby reserved.

6.2 “Ninija Company”, “Ninija Electric”, “V.C Autolink Enterprise” and related icons and logos are registered trademarks or trademarks or service marks of Ninija Company and related icons and logos are registered trademarks or trademarks or service marks of Ninija Company, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

6.3 Ninija may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

7. Notices

7.1 All legal notices or demands to or upon Ninija shall be made in writing and sent to Ninija personally, by courier, certified mail, or facsimile to the following address: Suite A01 Gostu Plaza, First Avenue Gwarinpa FCT Abuja Nigeria. The notices shall be effective when they are received by Ninija in any of the above-mentioned manner.

7.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Ninija, or by posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when.

a) Ninija is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or

b) Immediately upon Ninija posting such notice on an area of the Sites that is publicly accessible without charge.

7.3 You agree that all agreements, notices, demands, disclosures and other communications that Ninija sends to you electronically satisfy the legal requirement that such communication should be in writing.

8. General Provisions

8.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Ninija with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

8.2 Ninija and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

8.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

8.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

8.5 Ninija’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Ninija’s right to act with respect to subsequent or similar breaches.

8.6 Ninija shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Ninija Company). You may not assign, in whole or part, the Terms to any person or entity.

8.7 The Terms shall be governed by the laws of Nigeria without regard to its conflict of law provisions. The parties to the Terms hereby submit to the exclusive jurisdiction of the courts of Nigeria.

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