Introduction

This User Agreement (the ‘Agreement’) is a contract between you (‘You’ or ‘User’) and Klick and Mortar Limited (‘Klick and Mortar’, ‘Us’ or ‘We’) which shall govern your use of our website. You must be at least eighteen (18) years old and must accept all the terms and conditions contained in this Agreement to make use of our website and associated services. By using our website, you warrant and represent to us that you are at least eighteen (18) years of age and that you agree to and accept all the terms contained in this Agreement. If you do not agree to all or part of the terms and conditions in this Agreement you must not use our   website and its associated services.

Definitions

Website means www.klickandmortar.com

Services means the electronic platform provided for members of our website to either engage other members to perform jobs and/or perform jobs for other members.

Member means any person who has an active profile on our website, by virtue of their successful registration and including acceptance of these terms and conditions.

Copyright

Copyright © 2016-2017 Klick and Mortar Limited.

The copyright, all other intellectual property and material on our website shall subject to the express provisions contained in this Agreement, be owned and controlled by us.

We reserve all rights pertaining to the copy right and all other intellectual property on our website.

License for Use of Website

You may view, read and print pages from our website using a web browser.

You may only use the website for your own personal business purposes, in accordance with the terms and conditions of this Agreement, and not for any other purpose.

Except as expressly permitted under this Agreement, you shall not:

Edit or modify material on our website.

Republish material contained in our website by any means including but not limited to republication on another website.

Display to any material contained in our website to the public.

Use or exploit material from our website for commercial purpose.

Redistribute the material contained on our website. 

We reserve the right to, at any time, restrict access to part of or the entire areas of our website at our discretion without notice. You must not circumvent or attempt to circumvent any restriction measures placed on our website.

Permitted Use of Website

You shall only use our website for legal purpose. We reserve the right to report unlawful, illegal and fraudulent use of our website to the relevant authorities for investigation and possible prosecution.

You shall ensure that all information you provide on our website is accurate, true, current and not misleading.

You must not use our website in any manner that impairs the performance or availability of the website.

You must not use our website to duplicate, store, host, disseminate, transmit, use or publish materials including but not limited to computer viruses, spyware, Trojan horse, keystroke logger and other malicious computer software.

You must not use automated means to interact with our website for purposes of any form of data collection activities.

You must not use data collected from our website for purposes of direct marketing by means inclusive of but not limited to SMS marketing, email marketing, telemarketing and direct mailing.

Registration and accounts

You must be resident or situated in Nigeria to be eligible for an account on our website.

To register for an account you will be required to complete and submit the account registration form on our website, and click on the verification link in the email that the website will send to you.

You must not use any other person’s account to access the website except you have that person’s express permission to do so.

User login details

During the registration process, you will be required to choose a username and password which you will use to log onto the website to access the service.

You must keep your password confidential and must not, under any circumstances, allow any other person to use your account to access our website.

You may be held liable for any losses arising out of failure to maintain the confidentiality of your password.

You must immediately notify us in writing if you become aware of any unauthorized use of your account.

Cancellation / Account suspension

We may, at our sole discretion without notice or explanation, suspend, cancel or edit your account on our website.

In the event that you no longer wish to retain your account on our website you may cancel your account on our website.

Dispute Resolution

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation [creating and/or using a different account])]. Should any dispute arise between the Parties in respect of this Agreement, its validity, interpretation, application or enforcement, the Parties shall take steps to settle such dispute amicably through mutual negotiations.  Should the Parties be unable to resolve the dispute through mutual negotiations within 15 days of such dispute arising, either Party shall be at liberty to refer the dispute to arbitration.

The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, Chapter A18, Laws of the Federation of Nigeria, 2004.

The arbitration tribunal shall be made up of a sole arbitrator appointed mutually by the Parties failing which the arbitrator shall be appointed by the Chief Judge of the Federal High Court on the application of either Party (notice of such application being given to the other Party).  PROVIDED THAT the arbitrator so appointed shall not be a present or former employee, agent, consultant or counsel to either Party.

The language of the arbitration shall be English. The place of arbitration shall be Lagos.  The decision of the arbitrator shall be final and binding on the Parties. Each Party shall bear its own costs of the arbitration.

Modification

We may revise the terms and conditions periodically as we deem fit and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

The revised terms and conditions shall become applicable to the use of our website from the date of publication of the revised terms and conditions on the website.

We will ask you to expressly agree to any revision of the terms and conditions in this Agreement, where your express agreement has been obtained for the terms and conditions immediately preceding the revision of the terms and conditions and where your express agreement to the revised terms and conditions within such period as we may specify, is not obtained or given, we will disable or delete your account on the website and you must stop using the website.

Assignment

We shall have the right to assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under this Agreement.

You shall not assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under this Agreement without our prior consent in writing.

Severability

If any of the provisions contained in this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of this Agreement would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the remaining pat of the provision will continue in effect

Third party rights

This agreement is solely for the benefit of the parties and shall not be enforceable by any third party nor shall the consent of any third party be required for the parties’ to exercise their rights.

Entire agreement

These terms and conditions, together with our privacy policy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all prior agreements between you and us in relation to your use of our website.

Governing law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with Nigerian Law. Any disputes or disagreement relating to the terms and conditions contained in this Agreement shall be subject to the exclusive jurisdiction of the Nigerian courts.

Contact Details

You may contact us by:

– sending an email to

 

administrator@klickandmortar.com

– using our website contact form on our contact us page

 

– Send Post to

K&M House,

Abuloma Road, Port Harcout,

River State, Nigeria

 

or by calling our contact number

Tel: +2348031234567