Terms of Service
This document sets out the Terms and Conditions ("Terms") on which Nigeria Portal ("We", "Us", " Nigeria Portal") provides customers access to certain business services through the www.nigeriaportal.net website ("Website").
Please read these terms of service ("terms", "terms of service") carefully before using www.nigeriaportal.net website (the "service") operated by Nigeria Portal ("us", 'we", "our"). You acknowledge and agree that by clicking on "I accept" as an individual or on behalf of a nominated company or organisation (in these terms, the "Customer"), you agree that individual, company or organisation will be bound by these terms as a customer. You warrant and represent that you have full capacity and authority to enter into this agreement on behalf of the individual customer or organisation.
If you do not accept these terms, you will not be able to use the website and the services. You are advised to print and retain a copy of these terms for future reference.
Conditions of Use
We will provide their services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.
The website & the services
- The Website is owned and managed by www.nigeriaportal.net.
- In consideration for the payment of the Fees, Nigeria portal shall provide the Customer with the services as described on the Website, which allow the Customer to advertise, browse, find and contact businesses and professionals ("Services").
- For the avoidance of doubt, Nigeria portal’s obligations shall be limited only to the provision of the Services and do not in any way include acting on the Customer’s behalf. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the Customer and Nigeria portal, appoint either party as the agent of the other, nor authorise either party to make or enter into any commitments for or on behalf of the other party.
- Nigeria Portal may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Services upon notice to the Customer.
- Nigeria Portal shall have no obligation to notify the Customer in the event of an unplanned service downtime. In the event of a planned service downtime in respect of the Services or the Website, Nigeria Portal shall use its reasonable endeavours to notify the Customer in advance provided that Nigeria Portal is able to do so.
- Access to the Website and the Services may be granted to the Customer on a trial or ‘free’ basis ("Trial"). The Customer acknowledges and agrees that during the Trial, these Terms and conditions shall apply, as well as the following specific terms:
- access to the Services during the Trial will be provided at no cost to the Customer;
- such access is solely for the purpose of offering the Customer a preview demonstration of the functionality and features of the Services;
- the functionality of the Services during a trial may be limited or restricted; and
- Nigeria Portal may withdraw or suspend the Customer’s access to the Services at any time during the Trial, and at the completion of the Trial continued access to the Website and/or Services may be subject to payment of Fees or charges.
Registration & collaborators
- In order to use the Services, the Customer shall first be required to register with Nigeria Portal by completing the online registration form on the Website.
- Nigeria Portal shall send the Customer a confirmation email ("Confirmation Email") once it has accepted and confirmed the Customer’s registration. The Customer’s contract to use the Services on these Terms ("Contract") commences on the date of the Confirmation Email.
- Nigeria Portal reserves the right to conduct verification and security procedures in respect of all information provided by the Customer to Nigeria Portal. If Nigeria Portal has reason to believe that the information provided by the Customer to register and use any of the Services breaches or is likely to breach any of the provision in these Terms, Nigeria Portal at its sole discretion may take any action that it deems appropriate including without limitation, to terminate the Customer’s Contract.
- These Terms shall apply to any and all Collaborators who access and use the Website and the Customer Services through the Customer’s account.
- The Customer shall, and shall ensure its Collaborators, keep any Customer and Collaborator usernames and passwords ("Logins") safe and secure to ensure that they are not used without the Customer’s permission. The Customer must immediately notify Us if it has reason to believe that there has been unauthorised use or access to the Customer’s Logins and/or the Customer’s profile on the Website. The Customer shall be solely responsible and liable for any breaches of these Terms arising out of or resulting from use of the Customer’s Logins to access the Services and/or the Website, whether such use is authorised by the Customer or not.
- At any time upon notice to the Customer, Nigeria Portal may require the Customer to execute any further documents to confirm the Customer’s acceptance of, or give full effect to, these Terms.
Customer obligations
- The Customer shall at all times use the Services and the Website in accordance with these Terms.
- The Customer shall ensure that its use of the Services and/or the Website, including the submission of any information, data, images, videos, audio, files, links to external websites, and all other material of any format ("Submissions"):
- comply with all applicable laws and legislations;
- do not infringe any intellectual property rights or other proprietary rights of any third party;
- not reasonably be deemed to:
- be offensive, illegal, inappropriate or in any way:
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- display pornographic or sexually explicit material;
- promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
- promote any illegal activities;
- provide instructional information about illegal activities, including violating someone else’s privacy or providing or
- create computer viruses;
- promote or contain information that you know or believe to be inaccurate, false or misleading;
- engage in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent;
- exploit people in a sexual or violent manner;
- invade or violate any third party’s right to privacy; and
- transmit "junk mail", or "chain letters", or unsolicited mass mailing, messaging or "spamming";
and the Customer hereby indemnifies Nigeria Portal for all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by Nigeria Portal which arise directly or indirectly from a breach by the Customer of this clause 3.2.
- Unless otherwise explicitly stated by Nigeria Portal, Nigeria Portal does not vet, verify the accuracy, correctness and completeness, edit or modify any Submissions or any other information, data and materials created, used and/or published by the Customer on the Website to determine whether they may result in any liability to any third party. The Customer hereby warrants that the Customer has the right to use all such information and material.
- Notwithstanding clause 3.3, Nigeria Portal reserves the right to refuse to publish any Submissions, or to at any time remove or edit a Submission (in whole or in part), if We have reason to believe that the Customer’s use of the Services and/or the Website breaches these Terms.
- The Customer shall not:
- at any time use the Services and/or the Website with the purpose of impersonating another User or person; and
- use the information made available to the Customer through its use of the Services and/or the Website for any purpose other than for the purposes of procuring benefit out of the Services and/or the Website; and
- do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any persons using the Services and/or the Website or in respect of the network.
- Nigeria Portal takes breaches of this clause 3 very seriously and therefore reserve the right to take any action that Nigeria Portal deems necessary. This can include, without limitation, suspension or termination of the Customer’s use of the Services and/or access to the Website. In certain circumstances We may choose to instigate legal proceedings as appropriate if there is illegal use of the Services and/or the Website, or disclose information to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy. The Customer shall promptly notify Us if it is aware of any or any suspected breaches of this clause 3 by its Collaborators.
Customer interaction with clients
- The Customer shall ensure that their profile published through the Website contains the sufficient information to allow a Client to make an informed decision as to contacting them.
- The Customer warrants and represents that the information provided pursuant to clause 4.1 and in respect of the Customer Information shall be correct, complete, accurate and up to date. In the event the Customer Information is incorrect, incomplete, inaccurate or out of date, then the Customer must immediately take all necessary steps to rectify such information.
- The Customer shall at all times use the Services and the Website in accordance with the applicable law and legislation and in particular, all applicable data protection and anti-discrimination legislation.
- The Customer is solely responsible for the use of the Services and its internal management. The Customer is also responsible for confirming:
- each Client’s/Company's contact details;
- each Client’s/Company's authenticity;
- the nature of business of each Client/Company;
- each Client’s qualifications, skills, training and experience;
- that the Client has the right to work in the relevant jurisdiction; and
- procuring from the Client(s) all information reasonably required by the Customer to determine the Client’s eligibility.
- The Customer acknowledges that Nigeria Portal does not have any control of and therefore can not reasonably accept any liability in respect of the behaviour, response or actions of the Clients. Nigeria Portal does not warrant, represent or guarantee that the Client will be able to meet the Customer's needs.
- The Customer shall at all times keep all information including without limitation, the Clients’ Profiles, communication and correspondences between the Customer, Nigeria Portal and the Clients.
- The Services shall be personal to the Customer organisation and the Customer has no right whatsoever to resell the Services to any third party for any reason without the express written approval of Nigeria Portal.
- The Customer shall by no means charge any fees before offering employment to Clients on Nigeria Portal.
- The Customer acknowledges and agrees that it is the Customer’s responsibility to ensure it enters into any necessary contractual arrangements with Clients (whether for temporary, casual, contract or permanent employment). The terms of employment and any contractual arrangements shall be negotiated and agreed between the Customer and the approved Client directly. In the event there is a dispute between the Customer and any Client (whether it relates to the interview or selection process, the contractual arrangements between the parties or otherwise) – collectively, a "Dispute" - the Customer agrees Nigeria Portal is not liable for any loss or damage suffered by the Customer resulting from any such Dispute and the Customer hereby releases and holds harmless Nigeria Portal from any such loss or damage or any liability in relation to any Dispute.
- The Customer hereby indemnifies Nigeria Portal against all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by Nigeria Portal which arise directly or indirectly from any Dispute, or any breach by the Customer of clause 4.3.
Fees
- The fees to access the Website and Services are as set out on the Website ("Fees"). The Fees may be based on a number of feature accessible to the customer. Other than where the Customer is participating in a Trial in accordance with clause 1.6, the Customer may only access the Website and the Services by paying the Fees.
- Unless stated otherwise on the Website or agreed by Nigeria Portal in writing, the Fees shall be payable by the Customer monthly in advance, in the manner as set out on the Website.
- All Fees are exclusive of VAT and all other taxes or duties, and are non-refundable for any reason whatsoever.
- The Fees or any rate of charge may be increased by Nigeria Portal upon not less than thirty days prior written notice to the Customer, which notice may be provided through the Website.
Termination
- The Customer may terminate their Contract at any time by cancelling their subscription on the Website, provided that any Fees already paid by the Customer are non-refundable.
- Nigeria Portal shall be entitled to suspend and/or terminate the Customer’s access and use of the Website and/or the Services:
- if Nigeria Portal’s network providers and suppliers cease providing Nigeria Portal with their services; or
- if Nigeria Portal has reason to believe that the Customer has breached any of the provisions of these Terms.
- Upon termination of the Customer’s Contract in accordance with this clause 6, the Customer may no longer access or use the Services and the Website.
Warranties
- The Customer hereby warrants that (a) the Customer has the right and capacity to enter into and be bound by these Terms; and (b) the Customer shall comply with all applicable laws regarding the Customer’s use of the Services and the Website; and (c) and the Customer agrees to abide by the rules and reasonable directions of Nigeria Portal relating to the Website as may be provided by Nigeria Portal from time-to-time.
- Nigeria Portal relies on other service providers (such as network provider, data centres, telecommunication providers) to make the Services and the Website available to the Customer. Whilst Nigeria Portal takes all reasonable steps available to it to provide the Customer with a good level of service, Nigeria Portal does not guarantee that such service shall be fault free or uninterrupted at all times. Nigeria Portal therefore shall not be liable in any way for any losses the Customer may suffer as a result of delays or failures of the Services and Website as a result of Nigeria Portal’s service providers.
- Except as expressly set out herein, to the maximum extent permitted by law, Nigeria Portal expressly excludes all representations, warranties, obligations and liabilities in connection with the Services and the Website, including but not limited to the warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade are hereby excluded and disclaimed.
- Nigeria Portal may display or provide links or other interaction with third party websites and third party advertising banners on the Website ("Third Party Websites"). In particular, the Services may also provide the Customer with the opportunity to connect and publish Openings and other Customer Information through Third Party Websites and other third party services such as social and business networking sites. Use of any such Third Party Websites and services shall be at the risk of the Customer and subject to the terms and conditions of the Third Party Website provider.
Limitation of liability
- Subject to clauses 8.2 and 8.3, the maximum aggregate liability of Nigeria Portal (including its respective agents, sub-contractors or representatives) under, arising from or in connection with the provision of the Services and/or these Terms, whether arising in contract, tort (including negligence) or otherwise, shall not exceed a sum equivalent to the total Fees received by Nigeria Portal for a period of six (6) months preceding the event giving rise to liability.
- To the extent permitted by law, Nigeria Portal expressly excludes:
- all conditions, warranties and other terms whether expressed or which might otherwise be implied by statute or common law;
- any liability for indirect or consequential loss which are losses incurred as a side effect of the main loss or damage;
- loss of profit;
- loss of income or revenue;
- loss of business or contracts;
- loss of data;
- loss of goodwill and reputation;
- loss of expectation;
- loss of opportunity; or
- loss arising out of or in connection with wasted management or office time;
arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to the Customer’s tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. - Nothing in these Terms shall serve to limit or exclude Nigeria Portal’s liability for death or personal injury resulting from Nigeria Portal’s negligence or any liability for fraudulent misrepresentation.
Intellectual property rights
- Content published on this website (digital downloads, images, texts, graphics, logos) is the property of [name] and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of customers of Nigeria Portal, with copyright authorship for this compilation by NP.
- Nigeria Portal and its licensors own all rights in the intellectual property rights relating to the Services and the Website, including but not limited to all software forming part of the Website ("Software"). Those works are protected by copyright laws and treaties around the world. Nothing in this Agreement will serve to transfer from Nigeria Portal to the Customer any of the Software or Website, and all right, title and interest in and to the Software and the Website will remain exclusively with Nigeria Portal and/or Nigeria Portal’s licensors. All rights in and to the Software and the Website not expressly granted to the Customer are reserved by Nigeria Portal and the relevant third party licensors.
- The Customer may print off one copy and may download extracts of any pages from the Website solely for use by the Customer; and the Customer may draw the attention of other Users to Submissions or materials posted on the Website. The Customer must not use any part of the submissions of other users and all materials on the Website for any purpose other than accessing the Website or obtaining a benefit from the Services in accordance with these Terms.
- The Customer shall not, and shall procure that Collaborators shall not: (i) modify, translate, create or attempt to create derivative copies of or copy the Software or the Website in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Software or the Website to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Software or the Website or the Customer’s right to use the Software or the Website.
- The Customer warrants that the Customer owns or has the right or licence to use the intellectual property rights in the Customer Information, the Openings and all information and materials provided by the Customer to Nigeria Portal.
- The Customer hereby grants Nigeria Portal, a perpetual, sub-licensable, worldwide, royalty-free licence to publish and make available on the Website the Customer Information, Openings and all other information and material provided by the Customer to Nigeria Portal in respect of the Services, for the purpose of providing the Services to the Customer.
- The Customer hereby indemnifies Nigeria Portal against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of the Customer Information, Openings, and all other information and material provided by the Customer to Nigeria Portal.
Data protection & privacy policy
- The Customer and Nigeria Portal shall comply with all legislation and regulation laws in the performance of the obligations set out under these Terms.
- Before you continue using our website we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.
- Nigeria Portal processes personal data which it collects in the course of providing the services in accordance with its standard Privacy Policywhich is accessible on the Website.
- For personal data which is processed by Nigeria Portal on the Customer’s behalf as part of the Services, Nigeria Portal will act strictly in accordance with the Customer’s instructions by following such processing and security obligations as are contained in these Terms. The Customer confirms that it is solely responsible for ensuring that any such processing and security obligations comply with all applicable data protection law and legislation. The Customer hereby indemnifies Nigeria Portal against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of the Customer’s failure to comply with this clause 10.
General
- If Nigeria Portal fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve the Customer from compliance with such obligations. No waiver by Nigeria Portal of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the Customer in writing.
- All notification and communication to Nigeria Portal should be sent to the contact details made available to the Customer on the Website.
- If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
- These Terms represent the entire agreement between the Customer and Nigeria Portal in respect of the Customer’s use of the Website and shall supersede any prior agreement, understanding or arrangement, whether oral or in writing.
- The Customer acknowledges that in entering into these Terms, the Customer has not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between the parties except as expressly set out in these Terms.
- Nigeria Portal reserves the right to modify these Terms at any time. Any changes Nigeria Portal may make to this document in the future will be notified and made available to the Customer using the Website.
- These Terms shall be governed by and construed in accordance with The Nigerian law and shall be subject to the exclusive jurisdiction of Nigerian courts.
Communications
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
Applicable Law
By visiting this website, you agree that the laws of the [your location], without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between [name] and you, or its business partners and associates.
Disputes
Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court [your location] and you consent to exclusive jurisdiction and venue of such courts.
Comments, Reviews, and Emails
Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation.
We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant [name] non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.
License and Site Access
We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from us.
User Account
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.