TERMS AND CONDITIONS/USER AGREEMENT

INTRODUCTION

Welcome to TAJMall!

TAJMall provides sales and purchases of products and services to you when you visit or shop at www.tajmall.ng via the web, or in-app. These terms & conditions (“Terms and Conditions”) therefore apply to TAJMall only. This website is owned and operated by TAJBank Limited. For the purposes of this website, “seller”, “we”, “us” and “our” all refer to www.tajmall.ng.

By using the TAJMall website, you agree to these conditions. Please read them carefully!!

We reserve the right to change, modify, add, or remove portions of both the Terms and Conditions of Use and the Terms and Conditions of Sale at any time and the customer agrees to accept any changes on a mutually agreed basis. Changes will be effective when posted on the TAJMall website and all users will be notified upon making a return visit to the website. Your continued use of our website after the publishing of changes to these Terms and Conditions constitutes your acceptance of those changes. These Terms and Conditions fully govern the use of the TAJMall website. No extrinsic evidence, whether oral or written, will be incorporated.

TERMS AND CONDITIONS OF USE

Use of TAJMall

When you use TAJMall, you confirm that you are at least 18 years of age or are accessing the website under the supervision of a parent or legal guardian.Both Parties agree that the TAJMall website may only be used in accordance with these Terms and Conditions of Use, and if you do not agree with these terms or do not wish to be bound by them, you agree to stop using this website. By your use of this website, we grant you a non-transferable, revocable and non-exclusive license to use this website only in line with these terms and strictly for such things as: shopping for products sold on this website, gathering prior information regarding our products and services and making purchases. We prohibit all commercial use of this website or its use on behalf of a third party without our explicit permission in advance. These terms strictly prohibit (in all ramifications) actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property or copyright rights, and any similar unpermitted action.

We shall at our sole discretion, revoke the license granted to you in these terms without any prior notice if you breach any of these terms, and we reserve the sole right to deny you full or partial access to this website and its contents without prejudice to any available legal remedies or otherwise. Certain services and related features that may be made available on the TAJMall website may require registration or prior subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. As a user of the TAJMall website, you agree to be solely responsible for the safekeeping of your account identifiers and passwords.

As an account owner on TAJMall, you agree to be solely and entirely responsible for all activities that occur on such account. You agree to notify us of any unauthorized use of your account as we shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this directive. When you use the TAJMall website, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You hereby consent to receive communications from us electronically such as emails, text messages, push notifications, or notices and messages on this website, and you can retain copies of these communications for your records.

User Submissions

You agree that whatever you submit on the TAJMall website and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (hereby collectively referred to as, “Submissions”) shall become our sole and exclusive property and shall not be returned to you. In addition to the above, when you post comments or reviews on the TAJMall website, you also grant us an all-encompassing, non-revocable right to use the name and any other information that you submit, in connection with such review, comment, or other content.

You agree to not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third-parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions. When you place an order or signing up on TAJMall, you agree to receive:

  1. emails and/or other electronicnotifications associated with finalizing your order, which maycontain relevant offers from third parties,
  2. emails and/or other electronicnotifications asking you to review TAJMall and your purchase, and
  3. promotional emails, SMS and pushnotifications from TAJMall, although you may unsubscribe frompromotional emails via a link provided in each email

Information Available on the Website

You accept that the information contained on this website is provided and intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the continued accuracy of the information and believe the reliability of the information at the time of posting, it should not, however, be wholly relied upon as it does not in any way constitute either a representation of a warranty or a guarantee. You also accept that product representations made on the TAJMall website are those of our vendors and are not made by us. Submissions expressed on our website belong to the individual posting such content and may not reflect our opinion as a business.

We make no representations as to the merchantability of any products listed on our website, and we hereby disclaim all warranties, whether express or implied, as to the merchantability and/or fitness of the products listed on our website for any particular purpose. We shall not be held responsible or made liable for any damages or injury which may arise as a result of any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure and defect in the information, content, materials, software or other services included on or otherwise made available for products on offer through our website.

Accessibility of Website

While we shall strive to always ensure that the TAJMall website is accessible to all our users, we make no representation of that nature and therefore, reserve the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for general website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

Links and Third-Party Websites

Although we may include links to third party websites at any time, such inclusions should not be viewed as an affiliation or partnership with the third-party website or considered as an endorsement unless explicitly stated. If a user follows a link to another website, he or she does so at his or her own risk. We are not responsible for any content, including, but not limited to, information, products and services, available on third party websites. Creating a link to the TAJMall website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.

Intellectual Property

Both Parties agree that all intellectual property rights and database rights, whether registered or unregistered, information content on our website and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.

Any unauthorized use of the material and content on the TAJMall website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Data Protection

All personal information collected in relation to the use of this website shall be held and used in accordance with our Privacy Policy, which is available on our website.

Indemnity

You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees free from any claim or demand, including all legal fees, in relation to your breach of these Terms of Use.

Applicable Law and Jurisdiction

These Terms and Conditions of Use shall be governed by and construed in accordance with the principles of Islamic commercial jurisprudence and the applicable laws of jurisdiction within the Federal Republic of Nigeria, and the laws of Nigeria, provided they shall not be inconsistent with the governing principles of Islamic commercial law.

The Parties recognise that the receipt and payment of interest is not permitted under the Shari’ah and accordingly agree that if any claims for amounts due under any document in connection with this Agreement or Terms and Conditions of Use are made in a court of law and that court, by applying the laws and regulations of its legal system, imposes an obligation to pay interest on the amounts being claimed, the Parties hereby irrevocably and unconditionally expressly waive and reject any entitlement to recover such interest.

Arbitration

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use will be referred to and finally settled by private and confidential binding arbitration before a single Arbitrator held in Nigeria in English and governed by Nigerian law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time. The Arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either Party.

The seat of the arbitral proceedings shall be in Abuja, Nigeria and the arbitration shall be conducted in the English language. The arbitral award shall be binding on the Parties. Each Party shall bear its own costs and expenses in relation to the arbitral proceedings.

Notwithstanding the foregoing, we reserve the right to pursue the protection of copyright, intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any or all your rights granted under the Terms and Conditions of Use. Upon any termination of this Agreement or Terms and Conditions of Use, you shall immediately cease all access to and use of the website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this website in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the Parties arising before the date of termination. You also agree that the website shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the website or with any terms, conditions, rules, policies, guidelines, or practices of TAJBank Limited in operating the TAJMall website, your sole and exclusive remedy is to discontinue using the website.

Severability

If any portion of these terms or conditions is held by any Court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.

Miscellaneous Provisions

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.


TERMS AND CONDITIONS OF SALE

General

You confirm that you are at least 18 years of age or are accessing the website under the supervision of a parent or legal guardian. You agree that if you are unsure of the meaning of any part of the Terms and Conditions of Sale, you will not hesitate to contact us for clarification prior to making a purchase.

These Terms and Conditions of Sale fully govern the sale of goods and services purchased on this website. No extrinsic evidence, whether oral or written, will be incorporated.

Formation of Contract

Both Parties agree that browsing the TAJMall website and gathering information regarding the services provided by our sellers does not constitute an offer to sell, but merely an invitation to consider. The parties accept that a sale offer is made only when you have selected the product(s) you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.

Both Parties agree that the acceptance of the offer is not made when we contact you by phone or email to confirm that the order has been placed online; your offer is only accepted when we dispatch the product to you and inform you either by email, SMS or phone about the dispatch of your order.

Before your order is verified, we may ask you to provide additional verifications or information, including but not limited to phone number and address, before we accept and process the order. Please note that there are cases when an order cannot be processed for various reasons. We reserve the right to refuse or cancel any order for any reason at any given time and process a full refund if you have successfully prepaid for the order.

Acceptance of Electronic Documents

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Payment and Pricing

We are determined to provide the most accurate pricing information for all products and services on the TAJMall website to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any affected order. If an item is mispriced, we may, at our own discretion, either contact you for further instructions or cancel your order and notify you of such cancellation.

We shall have the right to refuse or cancel any such orders even if the order has been verified and your credit/debit card charged. If we are unable to provide any service in relation to your order, we will inform you of this as soon as possible and shall process a full refund.

Use of Voucher (Coupon) Codes

Our website accepts the use of voucher codes for orders placed online. The marketing voucher codes which are accepted on our Site entitle you at the time of ordering a product to a saving on the order being placed on our website. Vouchers may also be issued to customers in exchange for advance payments made to us via transfer to our bank accounts for products intended to be purchased on the website. Our voucher codes may not be exchanged for cash and we reserve the right to cancel or withdraw our voucher codes at any time.

Delivery

The TAJMall website is only for sales of products and services to customers within Nigeria. Although we go to extreme lengths to ensure the successful delivery of customers’ goods within the estimated timelines set out on our website, delays are occasionally inevitable due to unforeseen factors. Therefore, we shall not be under liability for any delay or failure to deliver the products within the estimated timelines where they did not occur as a result of our fault or negligence. You agree not to hold TAJMall vendors liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.

Return Policy

Our Return Policy is as contained in the document titled Return Policy on our website.

Indemnity

You agree to indemnify us, our partners, officers, directors, agents and/or employees free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions of Sale.

Applicable Law and Jurisdiction

These Terms and Conditions of Use shall be governed by and construed in accordance with the principles of Islamic commercial jurisprudence and the applicable laws of the jurisdiction within the Federal Republic of Nigeria, and the laws of Nigeria provided they shall not be inconsistent with the governing principles of Islamic commercial law.

The Parties recognise that the receipt and payment of interest is not permitted under the Shari’ah and accordingly agree that if any claims for amounts due under any document in connection with this Agreement or Terms and Condition of Sale are made in a court of law and that court, by applying the laws and regulations of its legal system, imposes an obligation to pay interest on the amounts being claimed, the Parties hereby irrevocably and unconditionally expressly waive and reject any entitlement to recover such interest.

Arbitration

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use will be referred to and finally settled by private and confidential binding arbitration before a single Arbitrator held in Nigeria in English and governed by Nigerian law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time. The Arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either Party.

The seat of the arbitral proceedings shall be in Abuja, Nigeria and the arbitration shall be conducted in the English language. The arbitral award shall be binding on the Parties. Each Party shall bear its own costs and expenses in relation to the arbitral proceedings.

Notwithstanding the foregoing, we reserve the right to pursue the protection of copyright, intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Severability

If any portion of these Terms or Conditions of Sale is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Sale and shall not affect the validity or enforceability of any other sections listed in this document.

Miscellaneous Provisions

You agree that all Agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Sale to any third party is prohibited unless agreed upon in writing by the seller. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Sale to any third party.


Our Address

TAJBank Ltd.

Plot 72, Ahmadu Bello Way,

Central Business District,

Abuja, Nigeria

Notice and Procedure for Making Claims of Copyright/Intellectual Property Infringement

If you believe that your intellectual property rights have been infringed on our website, please write to us:

TAJBank Ltd.

Plot, 72 Ahmadu Bello Way,

Central Business District,

Abuja, Nigeria

You may report any kind of intellectual property claims including, but not limited to, copyright, trademark, and patent claims. We ensure a speedy response to the concerns of rights owners about any alleged infringement. Please ensure to include the following information:

  • A physical or electronic signatureof the person authorized to act on behalf of the owner of thecopyrighted work or copyright interest.
  • A detailed description of thecopyrighted work that you claim has been infringed.
  • A detailed description of thelocation of the infringing material on the TAJMall website.
  • Your address, telephone number ande-mail address or those of the complaining party.
  • A statement made by you or thecomplaining party that he has a good-faith belief that the use ofthe disputed material in the manner claimed is not authorized by thecopyright owner, its agent, or the law; and
  • A statement by you, made under oath,that the information in the notice of copyright infringement isaccurate, and that you are the copyright owner or authorized to acton the copyright owner’s behalf.

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