This document is a legally binding agreement between you i.e. anyone who uses or otherwise accesses our site (referred to as “you”, “your” or “User” hereinafter) and Uvune.com (referred to as “we”, “our”, “us”, “ this site”, “the site”, “ this website”, “the website”).Application and Acceptance of the Terms
You must register as a member on the site in order to access and use some services. Furthermore, Uvune.com reserves the right, without prior notice, to restrict access to or use of certain services (or any features within the Services) to users, or subject them to other conditions that Uvune.com may impose in our discretion. 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. Uvune.com may in our sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users. Uvune.com 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 ability of such paying Users to enjoy that service.
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 accessing or using the site or services. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any service or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the site (the “site content”, “site’s content”), and (b) you will not copy, reproduce, download, compile or otherwise use any of the site's content for the purposes of operating a business that competes with Uvune.com, or otherwise commercially exploiting the site's content. Systematic retrieval of site content from the site 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 Uvune.com is prohibited. Use of any content or materials on the site for any purpose not expressly permitted in the Terms is prohibited. Uvune.com may allow Users to access 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 Uvune.com 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 or through such web sites. You agree not to undertake any action to undermine the integrity of the computer systems or networks of Uvune.com and/or any other User nor to gain unauthorized access to such computer systems or networks. You agree not to undertake any action which may undermine the integrity of Uvune.com’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. By posting or displaying any information, content or material (“User Content”) on the site or providing any User Content to Uvune.com and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Uvune.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to Uvune.com, the operation of the site, the provision of any services and/or the business of the User. You confirm and warrant to Uvune.com that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
User must be registered on the site to access or use some services (a registered User is also referred to as a “Member” below). Uvune.com may cancel or terminate a User’s member account if Uvune.com has reasons to suspect that the User has concurrently registered or is in control of two or more member accounts. Further, Uvune.com may reject User’s application for registration for any reason. Upon registration on the Site, Uvune.com 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. 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 use of and activities that occur under your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of your Member account, ID or password by another person, even to other individuals within the Member’s own business entity (where applicable). Member agrees to notify Uvune.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account. Member agrees that all use of the Site and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any separate 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. 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 Uvune.com or other Users of the Sites. Member expressly agrees to indemnify Uvune.com, our 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, Uvune.com 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 the Member.
Uvune.com reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject Uvune.com to liability, or is otherwise found inappropriate in Uvune.com’s sole discretion. If any Member breaches any Terms, or if Uvune.com has reasonable grounds to believe that a Member is in breach of any Terms, Uvune.com shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by Uvune.com in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as Uvune.com may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as Uvune.com may deem necessary or appropriate in its sole discretion. Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances: a) upon complaint or claim from any third party, Uvune.com has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where a Member who supplies products or services using the Site and Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items such Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party, b) Uvune.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party, c) Uvune.com has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or d) Uvune.com believes that the Member’s actions may cause financial loss or legal liability to Uvune.com or our affiliates or any other Users. Uvune.com reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, Uvune.com may disclose the Member's identity, contact information and/or information regarding the Member's account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. Uvune.com shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Uvune.com for such disclosure. Uvune.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if Uvune.com has received notice that the Member is in breach of any agreement or undertaking with Uvune.com and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. Uvune.com reserves the right to, but shall not be required to investigate such breach or request confirmation from the Member. Each Member agrees to indemnify Uvune.com, our employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your access to or use of the Site or Services, or from your breach of the Terms or any separate agreements. Each Member further agrees that Uvune.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Site or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the Member. Uvune.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Uvune.com in asserting any available defenses.
Through the Site, we provide electronic web-based platforms for exchanging information between buyers and sellers of products and services. We additionally provide electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Site. However, for any Services, Uvune.com does not represent either the seller or the buyer in specific transactions. Uvune.com does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site, the ability of the sellers to complete a sale or the ability of buyers to complete a purchase. Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Uvune.com uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Site. However, because user verification on the Internet is difficult, Uvune.com cannot and does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing. Buyers and sellers accessing or using the Site or Services shall assume the risks of conducting any purchase and sale transactions in connection with or through the Site or Services. Buyers and sellers accessing or using the Site or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions on the Site. Examples of such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Site or Services. All of the foregoing risks are referred to as "Transaction Risks". Uvune.com is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks. Buyers and sellers on the Site are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through or as a result of use of the Site or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed. User agrees to provide all information and materials as may be reasonably required by Uvune.com in connection with your transactions conducted on, through or as a result of use of the Site or Services. Uvune.com has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination. In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Uvune.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY UVUNE.COM ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND UVUNE.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UVUNE.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; UVUNE.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND UVUNE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES. Any material downloaded or otherwise obtained through the Site or Services is done at each User's sole discretion and risk and each User is solely responsible for any damage to its own or to Uvune.com’s computer system(s) or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Uvune.com or through or from the Site shall create any warranty not expressly stated herein. The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Uvune.com or our affiliates be held liable for any such services or products. Each User hereby agrees to indemnify and save Uvune.com, our directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's access to or use of the Site or Services (including but not limited to the display of such User's information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Uvune.com, our directors, officers and employees from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Uvune.com. Each User hereby further agrees to indemnify and save Uvune.com, our directors, officers and employees from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Uvune.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Uvune.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Uvune.com in asserting any available defenses. Uvune.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following: a) the use or the inability to use the Site or Services; b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site or Services; c) violation of Third Party Rights or claims or demands that User's manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites or through the Services may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants; d) unauthorized access by third parties to data or private information of any User; e) statements or conduct of any User of the Site or Services; or; f) any matters relating to the Site or Services, however arising, including negligence. Notwithstanding any of the foregoing provisions, the aggregate liability of Uvune.com, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Uvune.com in exchange for the access to or use of the Site or Services during the calendar year and (b) the maximum amount permitted under the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under the applicable law governing the Terms. The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Uvune.com has been advised of or should have been aware of the possibility of any such losses arising.
Under no circumstances shall Uvune.com be held liable for any delay or failure or disruption of the content or the Services accessed or delivered through the Site 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.
Uvune.com is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site 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 Uvune.com, or licensors, as the case may be. All rights not otherwise claimed under the Terms or by Uvune.com are hereby reserved. “Uvune” and related icons and logos are registered trademarks or trademarks or service marks of Uvune Technologies Limited, 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. Uvune.com may have independent third parties involved in the provision of the Site or 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.
All legal notices or demands to or upon Uvune.com shall be made in writing and sent to Uvune.com personally, by courier or certified mail to the following entity and address: Uvune Technology Limited at No. 55 Old Express Road Aba. The notices shall be effective when they are received in any of the above-mentioned manner. 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 Uvune.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: a) Uvune.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon Uvune.com posting such notice on an area of the Site that is publicly accessible without charge. You agree that all agreements, notices, demands, disclosures and other communications that Uvune.com sends to you electronically will satisfy any legal requirement that such communication should be in writing.
Subject to any separate agreements, the Terms constitute the entire agreement between you and Uvune.com with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein. Uvune.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. 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. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause. Uvune.com’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 Uvune.com’s right to act with respect to subsequent or similar breaches. Uvune.com 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 . You may not assign, in whole or part, the Terms to any person or entity. The Terms shall be governed by the laws of Nigeria without regard to its conflict of law provisions; and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Nigeria. If you have any comments on the Services we provide to you, you may contact us on