Terms & Conditions
PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
INTRODUCTION
These terms & conditions (together with
the documents referred to herein ("T&Cs") apply to the use of
www.astershairandbeauty.com ("the Site"). Such use includes accessing,
browsing, or registering to use the Site.
Please read these T&Cs carefully before
you start to use the Site.
By accessing and using the Site, you
confirm your understanding and acceptance of the T&Cs and that you agree to
comply with them. Please refrain from further using this website if you do not
agree to these T&Cs.
We reserve the right, to change, modify,
add, or remove portions of these T&Cs at any time. Changes will be effective
when posted on the Site with no other notice provided.
Please check these T&Cs regularly for
updates. Your continued use of the Site following the posting of changes to
these T&Cs constitutes your acceptance of those changes which shall be
binding on you.
USE
OF THE SITE
You must either be at least 15 years of age
or be accessing the Site under the supervision of a parent or legal guardian.
The Site is made available free of charge.
We do not guarantee that the Site, or any
content on it, will always be available or be uninterrupted. Access to the Site
is permitted on a temporary basis. We may suspend, withdraw, discontinue or
change all or any part of the Site without notice. We will not be liable to you
if for any reason the Site is unavailable at any time or for any period.
You are responsible for making all
arrangements necessary for you to have access to the Site.
You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these T&Cs and other applicable terms and conditions, and that they comply with them.
Certain services and related features that
may be made available on the Site may require registration or 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. Every user of
the Site is solely responsible for keeping passwords and other account
identifiers safe and secure.
We have the right to disable any user
identification code or password, whether chosen by you or allocated by us, at
any time, if in our reasonable opinion you have failed to comply with any of
the provisions of these T&Cs.
The account owner is entirely responsible
for all activities that occur under such password or account. Furthermore, you
must notify us of any unauthorized use of your password or account.
The Site 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 section.
During the registration process you agree
to receive promotional emails from the Site. You can subsequently opt out of
receiving such promotional e-mails on the Site or by sending us an email
requesting to opt out.
If you know or suspect that anyone other
than you knows your user identification code or password, you must promptly
notify us at admin@astershairandbeauty.com.
CONTENT POSTED ON SITE
All content on the Site, including all
intellectual property rights, text, user interfaces, visual
interfaces, trademarks, sounds, artwork and computer
code (collectively, “Content”), including but not limited to the design,
structure, selection, coordination, expression, “look and feel” and arrangement
of such Content, contained on the Site is owned, controlled or licensed by or
to us, and is protected by trade dress, copyright, patent and trademark laws,
and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these
T&Cs no part of the Site and no Content may be copied, reproduced,
re-published, uploaded, posted, publicly displayed, encoded, translated,
transmitted or distributed in any way (including “mirroring”) to any other
computer, server, website or other medium for publication or distribution or
for any commercial enterprise, without our express prior written consent.
Information, products and services
purposely made available by Asters Hair & Beauty for downloading from the
Site may be used, provided that you (1) do not remove any proprietary notice
language in all copies of such documents, (2) use such information only for
your personal, non-commercial informational purpose and do not copy or post
such information on any networked computer or broadcast it in any media, (3)
make no modifications to any such information, and (4) not make any additional
representations or warranties relating to such documents.
The entire contents of the Site also are
protected by copyright as a collective work under Nigeria copyright laws and
international conventions. All rights are reserved.
USER SUBMISSIONS
Whenever you make use of a feature that allows
you to upload content to our site, or to make contact with other users of our
site, you must comply with the content standards set out in our Policies.
You warrant that any such contribution does
comply with those standards, and you will be liable to us and indemnify us for
any breach of that warranty. If you are a consumer user, this means you will be
responsible for any loss or damage we suffer as a result of your breach of
warranty.
You grant us licence to use, store and copy
anything that you submit to the Site and/or provide to us, including but not
limited to, questions, reviews, comments, suggestions, billboard postings, photos, drawings, profiles, opinions, ideas,
images, videos, audio files or other materials or information posted or
transmitted to the Site (collectively, "Submissions"), and to
distribute and make it available to third parties. We shall be entitled to,
consistent with our Privacy Policy , use the Submissions or any of its elements
for any type of use forever, including but not limited to promotional and
advertising purposes and in any media whether now known or hereafter devised,
including the creation of derivative works that may include Submissions you
provide. You are not entitled to any payment or other compensation for such
use.
In addition to the rights applicable to any
Submission, when you post comments or reviews to the Site, you also grant us
the right to use the name that you submit, in connection with such review,
comment, or other content.
You shall not use a false e-mail 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.
We also have the right to disclose your
identity to any third party who is claiming that any content posted or uploaded
by you to our site constitutes a violation of their intellectual property
rights, or of their right to privacy.
We will not be responsible, or liable to
any third party, for the content or accuracy of any content posted by you or
any other user of our site.
We have the right to remove any posting you
make on our site if, in our opinion, your post does not comply with the content
standards set out in our Policies.
Submissions or opinions expressed on this
Site are those of the individual posting such content and may not reflect our
opinions.
NO RELIANCE
The Content is provided for general
information only. It is not intended to amount to advice on which you should
rely. You must obtain professional or specialist advice before taking, or
refraining from, any action on the basis of the Content.
Although we make reasonable efforts to
update the information on the Site, we make no representations, warranties or
guarantees, whether express or implied, that the Content on the Site is
accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude
all conditions, warranties, representations or other terms which may apply to
the Site or any content on it, whether express or implied.
We will not be liable to any user for any
loss or damage, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, even if foreseeable, arising under or in
connection with:
use of, or inability to use, the Site; or
use of or reliance on any content displayed
on the Site.
Please note that we only provide the Site
for domestic and private use. You agree not to use the Site for any commercial
or business purposes, and we have no liability to you for any loss of profit,
loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or
damage caused by a virus, distributed denial-of-service attack, or other
technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use of our
site or to your downloading of any content on it, or on any website linked to
it.
We assume no responsibility for the content
of websites linked on the Site. Such links should not be interpreted as
endorsement by us of those linked websites. We will not be liable for any loss
or damage that may arise from your use of them.
Different limitations and exclusions of
liability will apply to liability arising as a result of the supply of any
goods by use to you, which will be set out in our Terms and conditions of
supply.
VIRUSES
We do not guarantee that our site will be
secure or free from bugs or viruses at all times.
You are responsible for configuring your
information technology, computer programmes and platform in order to access our
site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under relevant laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
LINKING TO OUR SITE
You may link to our home page, provided you
do so in a way that is fair and legal and does not damage our reputation or
take advantage of it.
You must not establish a link in such a way
as to suggest any form of association, approval or endorsement on our part
where none exists.
You must not establish a link to our site
in any website that is not owned by you.
Our site must not be framed on any other
site, nor may you create a link to any part of our site other than the home
page.
We reserve the right to withdraw linking
permission without notice.
The website in which you are linking must
comply in all respects with the content standards set out in our Acceptable Use
Policy.
THIRD PARTY LINKS AND RESOURCES IN OUR
SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of
those sites or resources.
APPLICABLE LAW AND JURISDICTION
These T&Cs shall be interpreted and
governed by the laws in force in the Federal Republic of Nigeria. Subject to
the Arbitration section below, each party hereby agrees to submit to the
jurisdiction of the courts of Nigeria and to waive any objections based upon
venue.
ARBITRATION
Any controversy, claim or dispute arising
out of or relating to these T&Cs 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 Nigeria 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. Notwithstanding the foregoing, the
Site reserves the right to pursue the protection of intellectual property
rights and confidential information through injunctive or other equitable
relief through the courts.
PRIVACY
We do not sell or rent your personal
information to third parties for their marketing purposes without your explicit
consent. We use your information only as described in our Privacy Policy. We
view protection of users' privacy as a very important community principle. We
store and process your information on computers that are protected by physical
as well as technological security devices. You can access and modify the
information you provide us and choose not to receive certain communications by
signing-in to your account. We use third parties to verify and certify our
privacy principles. For a complete description of how we use and protect your
personal information, see our Privacy Policy. If you object to your information
being transferred or used in this way please do not use our services.
INDEMNITY
You will indemnify and hold us (and our
officers, directors, agents, subsidiaries, joint ventures and employees)
harmless from any claim or demand, including reasonable attorneys’ fees, made
by any third party due to or arising out of your breach of these T&Cs, or
your violation of any law or the rights of a third party.
NO AGENCY
No agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created by these T&Cs.
NOTICES
We shall send notices to you by email to
the email address you provide to us during the registration process. Notice
shall be deemed given 24 hours after an email is sent, unless the sending party
is notified that the email address is invalid. Alternatively, we may give you
legal notice by registered mail to the address provided during the registration
process. Notices sent to you by registered mail shall be deemed to have been
received by the receiving party three days after the date of mailing.
Thank you for visiting the Site.