TERMS OF
USE
These Terms of Use constitute a legally binding agreement
made between you, whether personally or on behalf of an entity ("you")
and Watershed Web Works, doing business as Waraqata ("Waraqata",
"we" "us" or "our"), concerning your access to and use
of the https://www.waraqata.store website as well as any
other media form, media channel, mobile website or mobile application related,
linked, or otherwise connected thereto (collectively, the "Site"). The Site
provides an online marketplace for the following goods, products, and/or
services: Food products, electronics, fashion (the "Marketplace Offerings").
In order to help make the Site a secure environment
for the purchase and sale of Marketplace Offerings, all users are required to
accept and comply with these Terms of Use. You agree that by accessing the Site
and/or the Marketplace Offerings, you have read, understood, and agree to be
bound by all of these Terms of Use. IF YOU DO NOT
AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly incorporated herein
by reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for any reason. We will
alert you about any changes by updating the "Last updated" date of these Terms
of Use, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Use to stay
informed of updates. You will be subject to and will be deemed to have been
made aware of and to have accepted, the changes in any revised Terms of Use by
your continued use of the Site after the date such revised Terms of Use are
posted.
The information provided on the 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. Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to use or register for the Site
or use the Marketplace Offerings.
INTELLECTUAL
PROPERTY RIGHTS
Unless otherwise indicated, the Site and the Marketplace
Offerings are our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the "Content") and the trademarks, service
marks, and logos contained therein (the "Marks") are owned or controlled by us
or licensed to us, and are protected by copyright and trademark laws and
various other intellectual property rights and unfair competition laws of Nigeria, international copyright laws, and international conventions. The
Content and the Marks are provided on the Site "AS IS" for your information and
personal use only. Except as expressly provided in these Terms of Use, no part
of the Site or the Marketplace Offerings and no Content or Marks 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.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site 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. We reserve all rights not
expressly granted to you in and to the Site, the Content
and the Marks.
By using the Site or the Marketplace Offerings, you represent
and warrant that:(1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply with
these Terms of Use; (4) you are not a minor in the jurisdiction in which
you reside; (5) you will not access the Site or the Marketplace Offerings
through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site or the Marketplace Offerings will not
violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the
Site (or any portion thereof).
You may not use the Site or the Marketplace Offerings for any
illegal or unauthorized purpose nor may you, in the use of Marketplace
Offerings, violate any laws. Among unauthorized Marketplace Offerings are the
following: intoxicants of any sort; illegal drugs or other illegal products;
alcoholic beverages; games of chance; and pornography or graphic adult content,
images, or other adult products. Postings of any unauthorized products or
content may result in immediate termination of your account and a lifetime ban
from use of the Site.
We are a service provider and make no representations as to
the safety, effectiveness, adequacy, accuracy, availability, prices, ratings,
reviews, or legality of any of the information contained on the Site or the
Marketplace Offerings displayed or offered through the Site. You understand and
agree that the content of the Site does not contain or constitute
representations to be reasonably relied upon, and you agree to hold us harmless
from any errors, omissions, or misrepresentations contained within the Site's
content. We do not endorse or recommend any Marketplace Offerings and the Site
is provided for informational and advertising purposes only.
You may be required to register with the Site in order to access the Marketplace Offerings. You agree to
keep your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such username
is inappropriate, obscene, or otherwise objectionable.
We make every effort to display as accurately as possible the
colors, features, specifications, and details of the Marketplace Offerings
available on the Site. However, we do not guarantee that the colors, features,
specifications, and details of the Marketplace Offerings will be accurate,
complete, reliable, current, or free of other errors, and your electronic
display may not accurately reflect the actual colors and details of the
products. All Marketplace Offerings are subject to availability, and we
cannot guarantee that Marketplace Offerings will be in stock. Certain
Marketplace Offerings may be available exclusively online through the Site.
Such Marketplace Offerings may have limited quantities and are subject to
return or exchange only according to our Return Policy.
We reserve the right to limit the quantities of the
Marketplace Offerings offered or available on the Site. All descriptions or
pricing of the Marketplace Offerings are subject to change at any time without
notice, at our sole discretion. We reserve the right to discontinue any
Marketplace Offerings at any time for any reason. We do not warrant that the
quality of any of the Marketplace Offerings purchased by you will meet your
expectations or that any errors in the Site will be corrected.
We accept the following forms of payment:
- PayStack
- Visa
- Mastercard
- Verve
You agree to provide current, complete, and accurate purchase
and account information for all purchases of the Marketplace Offerings made via
the Site. You further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed. Sales tax
will be added to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in Naira.
You agree to pay all charges at the prices then in effect for
your purchases and any applicable shipping fees, and you authorize us to charge
your chosen payment provider for any such amounts upon placing your
order. We reserve the right to correct any errors or mistakes in pricing,
even if we have already requested or received payment.
We reserve the right to refuse any order placed through the
Site. We may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers, or distributors.
Please review our Return Policy posted on the Site prior to making any purchases.
You may not access or use the Site for any purpose other than
that for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the Site, you agree not to:
1.
Systematically
retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
2.
Make
any unauthorized use of the Marketplace Offerings, including collecting
usernames and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by automated
means or under false pretenses.
3.
Use
the Site to advertise or offer to sell goods and services.
4.
Circumvent,
disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Site and/or the Content contained
therein.
5.
Engage
in unauthorized framing of or linking to the Site.
6.
Trick,
defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
7.
Make
improper use of our support services or submit false reports of abuse or
misconduct.
8.
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.
9.
Interfere
with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.
10. Attempt to impersonate another user
or person or use the username of another user.
11. Sell or otherwise transfer your
profile.
12. Use any information obtained from the
Site in order to harass, abuse, or harm another
person.
13. Use the Marketplace Offerings as part
of any effort to compete with us or otherwise use the Site and/or the Content
for any revenue-generating endeavor or commercial enterprise.
14. Decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a part
of the Site.
15. Attempt to bypass any measures of the
Site designed to prevent or restrict access to the Site, or any portion of the
Site.
16. Harass, annoy, intimidate, or
threaten any of our employees or agents engaged in providing any portion of the
Marketplace Offerings to you.
17. Delete the copyright or other
proprietary rights notice from any Content.
18. Copy or adapt the Site's software, including
but not limited to Flash, PHP, HTML, JavaScript, or other code.
19. Upload or transmit (or attempt to
upload or to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of repetitive
text), that interferes with any party's uninterrupted use and enjoyment of the
Site or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Marketplace Offerings.
20. Upload or transmit (or attempt to
upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation,
clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as "spyware" or "passive
collection mechanisms" or "pcms").
21. Except as may be the result of
standard search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the Site, or
using or launching any unauthorized script or other software.
22. Disparage, tarnish, or otherwise
harm, in our opinion, us and/or the Site.
23. Use the Site in a manner inconsistent
with any applicable laws or regulations.
The Site does not offer users to submit or post content. We
may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials to
us or on the Site, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, "Contributions"). Contributions may be
viewable by other users of the Site and through third-party websites. As such,
any Contributions you transmit may be treated in accordance with the Site
Privacy Policy. When you create or make available any Contributions, you
thereby represent and warrant that:
1. The creation, distribution,
transmission, public display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
2. You are the creator and owner of or
have the necessary licenses, rights, consents, releases, and permissions to use
and to authorize us, the Site, and other users of the Site to use your Contributions
in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent,
release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the Site
and these Terms of Use.
4.
Your
Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not
unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene,
lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule,
mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to
harass or threaten (in the legal sense of those terms) any other person and to
promote violence against a specific person or class of people.
9.
Your
Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the
privacy or publicity rights of any third party.
11. Your Contributions do not contain any
material that solicits personal information from anyone under the age of 18 or
exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to protect the
health or well-being of minors.
13. Your Contributions do not include any
offensive comments that are connected to race, national origin, gender, sexual
preference, or physical handicap.
14. Your Contributions do not otherwise
violate, or link to material that violates, any provision of these Terms of
Use, or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation
of the foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to
use the Site and the Marketplace Offerings.
You and the Site agree that we may access, store, process,
and use any information and personal data that you provide following the terms
of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the
Site, you agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated
with your Contributions.
We are not liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We may provide you areas on the Site to leave reviews or
ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hate language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age, marital
status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a campaign encouraging
others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or inaccurate. Reviews
are not endorsed by us, and do not necessarily represent our opinions or the
views of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by
any means, display, perform, and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the Site or the
Marketplace Offerings ("Submissions") provided by you to us are
non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to
you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse against
us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
We reserve the right, but not the obligation, to: (1) monitor
the Site for violations of these Terms of Use; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these
Terms of Use, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Site and the
Marketplace Offerings.
We care about data privacy and security. Please review our
Privacy Policy: https://www.waraqata.store/privacy-policy/. By using the Site or the
Marketplace Offerings, you agree to be bound by our Privacy Policy, which is
incorporated into these Terms of Use. Please be advised the Site and the
Marketplace Offerings are hosted in Lithuania. If you access the Site or
the Marketplace Offerings from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ
from applicable laws in Lithuania, then through your continued use of the
Site, you are transferring your data to Lithuania, and you agree to have
your data transferred to and processed in Lithuania.
These Terms of Use shall remain in full force and effect
while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE
MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, 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.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our
Site. We also reserve the right to modify or discontinue all or part of the
Marketplace Offerings without notice at any time. We will not be liable to you
or any third party for any modification, price change, suspension, or
discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings
will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Site, resulting in interruptions, delays, or errors. We reserve the right
to change, revise, update, suspend, discontinue, or otherwise modify the Site
or the Marketplace Offerings at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Site or the
Marketplace Offerings during any downtime or discontinuance of the Site or the
Marketplace Offerings. Nothing in these Terms of Use will be construed to
obligate us to maintain and support the Site or the Marketplace Offerings or to
supply any corrections, updates, or releases in connection therewith.
These terms shall be governed by and defined following the
laws of Nigeria. Watershed Web Works and yourself
irrevocably consent that the courts of Nigeria shall have exclusive
jurisdiction to resolve any dispute which may arise in connection with these
terms.
Informal
Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each "Dispute"
and collectively, the "Disputes") brought by either you or us
(individually, a "Party" and collectively, the "Parties"),
the Parties agree to first attempt to negotiate any Dispute (except those
Disputes expressly provided below) informally for at least thirty
(30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with this
contract, including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by the International
Commercial Arbitration Court under the European Arbitration Chamber (Belgium,
Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which,
as a result of referring to it, is considered as the part of this clause. The
number of arbitrators shall be three (3). The seat, or legal place, of
arbitration shall be LAGOS, Nigeria. The language of the proceedings
shall be English. The governing law of the contract shall be the
substantive law of Nigeria.
Restrictions
The Parties agree that any arbitration shall be limited to
the Dispute between the Parties individually. To the full extent permitted by
law, (a) no arbitration shall be joined with any other proceeding; (b) there is
no right or authority for any Dispute to be arbitrated on a class-action basis
or to utilize class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons.
Exceptions
to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject
to the above provisions concerning informal negotiations and binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that
court.
CORRECTIONS
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions that may relate to the
Marketplace Offerings, 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 on the Site
at any time, without prior notice.
DISCLAIMER
THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN
AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND
THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES
LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
LIMITATIONS
OF LIABILITY
IN NO EVENT
WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS
AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys' fees and expenses, made by
any third party due to or arising out of: (1) use of the Marketplace
Offerings; (2) breach of these Terms of Use; (3) any breach of your
representations and warranties set forth in these Terms of Use; (4) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (5) any overt harmful act toward any other
user of the Site or the Marketplace Offerings with whom you connected via the
Site. Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online
forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication be in writing. YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any
rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted
by us on the Site or in respect to the Marketplace Offerings constitute the
entire agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Terms of Use shall not operate as a
waiver of such right or provision. These Terms of Use operate
to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any provision or part
of a provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Terms of Use and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us
as a result of these Terms of Use or use of the Marketplace Offerings. You
agree that these Terms of Use will not be construed against us by virtue of
having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT
US
In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at:
Watershed
Web Works
221B
IKORODU CRESCENT
DOLPHIN
ESTATE IKOYI
LAGOS, Nigeria
Phone: +234
01 634 9232
info@waraqata.store