Iactiveo Terms of Use
Updated September 14, 2023
Please review these Terms of Use carefully.
IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND IACTIVEO ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF NATIONAL INFORMATION TECHNOLOGY DEVELOPMENT AGENCY ACT, 2007 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE NATIONAL INFORMATION TECHNOLOGY DEVELOPMENT AGENCY ACT, 2007. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
YOUR USE OF THE IACTIVEO.COM WEBSITE AND TOOLS ARE GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS AS APPLICABLE TO IACTIVEO.COM. IF YOU TRANSACT ON IACTIVEO.COM, YOU SHALL BE SUBJECT TO THE POLICIES THAT ARE APPLICABLE TO THE WEBSITE FOR SUCH TRANSACTION. BY MERE USE OF THE WEBSITE YOU SHALL BE CONTRACTING WITH DELIGHTPRICE LTD
Welcome to the family of websites and applications provided by Iactiveo. These Terms of Use govern your access to and use of all Iactiveo Sites among other things Under Nigerian governing laws. By using the Iactiveo Sites, you affirm that you are of legal age of 18 years, to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the Iactiveo Sites is unauthorized. Additional terms and conditions apply to some services offered on the Iactiveo Sites or through other channels. Those terms and conditions can be found where the relevant service is offered on the Iactiveo Sites or otherwise and are incorporated into these Terms of Use by reference.
Membership on Iactiveo.com is free and paid. Iactiveo.com does not charge any fee for browsing, but charges for using the services on Iactiveo.com. However, Iactiveo.com reserves the right to charge a fee and change its policies from time to time. In particular, Iactiveo.com may at its sole discretion introduce new services and modify some or all of the existing services offered on Iactiveo.com. In such an event Iactiveo.com reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.Changes to the Fee and related policies shall automatically become effective immediately once implemented on Iactiveo.com.Unless otherwise stated, all fees shall be quoted in Nigerian Naira.You shall be solely responsible for compliance of all applicable laws including those in Nigeria for making payments to Iactiveo.com.
DEFINED TERMS:
In these Terms of Use:
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on Iactiveo’s liability explained in Sections 17 and 18, respectively.
UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Iactiveo Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notify you of such changes. You agree that it your responsibility to regularly check Iactiveo.com for any updated Terms of Use. In addition, by continuing to use or access any of the Iactiveo Sites or otherwise engaging with Iactiveo after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.
You certify that the Content you provide on or through the Iactiveo Sites is accurate and that the information you provide on or through the Iactiveo Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Iactiveo is not responsible for any losses arising out of the unauthorized use of your account. You agree that Iactiveo does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Iactiveo Sites. You agree that Iactiveo is not a party to any such agreement, nor is Iactiveo responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Iactiveo Sites or any portion of the Iactiveo Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Iactiveo Sites or any portion of the Iactiveo Sites.
Iactiveo provides functionality that enables users to make available Content and Ideas in connection with the Iactiveo Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any Iactiveo Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 3(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.
You grant to Iactiveo a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Iactiveo is free to use any Ideas for any purpose. Iactiveo may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Iactiveo is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Iactiveo the right to use any name associated with any Content or Idea that you make available to Iactiveo, although Iactiveo has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
You agree that you will not make available Content in connection with the Iactiveo Sites that:
Iactiveo will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Iactiveo Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by Iactiveo from time to time. Iactiveo will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Iactiveo Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Iactiveo for all claims resulting from any Content you make available.
Iactiveo and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Iactiveo Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Iactiveo Sites, we would appreciate it if you let us know by contacting us at help@Iactiveo.com (Your feedback is a big part of what helps Iactiveo to get better at helping you!)
THE IACTIVEO ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
Iactiveo has no liability to you for content on the Iactiveo Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
Iactiveo is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Iactiveo Entity, Marketplace Retailer (as defined below in Section 16.A), our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Iactiveo Sites, including the product description, country of origin. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product or Services.
References on Iactiveo Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. Iactiveo is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Iactiveo Sites operate or otherwise interact, nor is Iactiveo responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party's terms and policies (including its privacy policy).
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your Iactiveo.com account, including on Iactiveo affiliated sites and properties which you access via your Iactiveo.com account credentials. Iactiveo participates in account update services offered by some banks. If your bank participates in account updater services, these services will automatically update your card number or expiration date in our system when it changes. If you do not want to have your cards automatically updated, you can opt out of these services by contacting your issuing bank. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Iactiveo may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as Service charges and applicable taxes. You will be charged for most orders on checkout. Some exceptions (when you will not be charged at the time your order is placed) are: (i) some of our services and (ii) services paid using the in-store “Cash” payment method.
Iactiveo reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Iactiveo also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Iactiveo for the purpose of engaging in a commercial sale of the same Product(s) to a third party.
In addition to any other remedies available to it, Iactiveo may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the Iactiveo returns policy.
Iactiveo cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Iactiveo Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Iactiveo reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Iactiveo. Iactiveo may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Iactiveo Sites or from prices available in Iactiveo stores or on Iactiveo Apps.
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
Estimated activation time is within 48 hours of signup. Delivery of Services purchased from the Iactiveo Sites is for signup email addresses.
You acknowledge that (a) goods licensed or sold on the Iactiveo Sites, and (b) any software or technology purchased, downloaded, or used from the Iactiveo Sites, are subject to the customs and export control laws and regulations of Nigeria and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from Nigeria or by a NIGERIAN. Person without a license, including without limitation to any person on NIGERIAN. Treasury Department’s List of Specially Designated Nationals or NIGERIAN. Department of Commerce’s Denied Persons List or Entity List.
The Iactiveo Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to Iactiveo, and are protected by NIGERIAN. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Iactiveo to use the Iactiveo Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner. In addition, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Iactiveo to use the Iactiveo Apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the Iactiveo Apps on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the Iactiveo Apps and remove (that is, uninstall and delete) the Iactiveo Apps from your mobile device.
No license, right, title, or interest in the Iactiveo Sites or any Materials is transferred to you as a result of your use of the Iactiveo Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Iactiveo Sites. The Iactiveo Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Iactiveo Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Iactiveo Sites and Materials is the exclusive property of Iactiveo and is also protected by NIGERIAN. and international copyright laws.
IACTIVEO, DELIGHTPRICE LTD, the IACTIVEO.COM names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Iactiveo Sites are trademarks or trade dress of Iactiveo in the NIGERIAN. and other countries. All other marks are the property of their respective companies.
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Iactiveo Sites in a way that constitutes copyright infringement, please contact us at help@Iactiveo.com
You acknowledge that any personal information that you provide through the Iactiveo Sites will be used by Iactiveo in accordance with Iactiveo’s Privacy Policy (available at http://Iactiveo.com/privacy-policy), which may be updated by Iactiveo from time to time. If you purchase an item on Iactiveo.com sold by a Marketplace Retailer or a Iactiveo supplier, Iactiveo may share certain information with that Marketplace Retailer or supplier to permit the Marketplace Retailer or supplier, as applicable, to fulfill your order and provide customer service.
You authorize your wireless operator (MTN, GLOBACOM, 9MOBILE, AIRTEL, or any other branded wireless operator) to disclose to Iactiveo and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See the Iactiveo Privacy Policy for how Iactiveo treats your data.
The Iactiveo Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”). Your use of such Third-Party Technology is subject to these Terms of Use, as well as well the applicable terms and conditions of such third parties, which is incorporated in these Terms of Use by reference.
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Iactiveo Sites may be governed by rules that are separate from or supplement these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.
Iactiveo operates an online affiliate product and services on the Iactiveo Sites (available at https://Iactiveo.com) which enables Wholesalers and Service providers to sell their products alongside Iactiveo products and, once an order is placed, to provide such services directly to the customer (the “Iactiveo Affiliate Product and Services”). Any use of the Iactiveo affiliate product and services is subject to the following additional terms:
In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of the Iactiveo App compatible with the iOS operating system of Apple Inc. (“Apple”):
In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of the Iactiveo App compatible with the android operating system of Google Inc. (“Google”):
Certain Iactiveo Sites may permit or require the use of electronic receipts (“eReceipt”) for purchases made by you through a mobile device or other electronic device. Your eReceipt is a digital copy of your Iactiveo sites purchase receipt. Any use of the Iactiveo eReceipt service is subject to the following additional terms:
Use of Iactiveo activation and delivery is subject to the following additional terms:
THE IACTIVEO SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE IACTIVEO SITES, AND/OR IACTIVEO STORE LOCATIONS, ARE PROVIDED BY IACTIVEO ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO IACTIVEO ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE IACTIVEO SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE IACTIVEO ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE IACTIVEO ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE IACTIVEO SITES IS AT YOUR SOLE RISK. THIS SECTION 17 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY IACTIVEO TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE IACTIVEO SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE IACTIVEO SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO IACTIVEO ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE IACTIVEO SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IACTIVEO ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A IACTIVEO ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO IACTIVEO ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE IACTIVEO SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO IACTIVEO ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY AFFILIATE PRODUCT AND SERVICES), SHOPPER, OR OTHER USER OF THE IACTIVEO SITES.
You agree to defend (at Iactiveo’s option), indemnify, and hold the Iactiveo Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Iactiveo Sites or any breach by you of these Terms of Use. Iactiveo reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Iactiveo if and as requested by Iactiveo in the defense and settlement of such matter.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND IACTIVEO, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY IACTIVEO OR THE IACTIVEO ENTITIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, YOU AND IACTIVEO AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration Agreement in these Terms of Use.
YOU AND IACTIVEO AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and Iactiveo each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action to the maximum extent permitted by law. “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred (100) arbitration Demands with common questions of law or fact against Iactiveo within 180 days of initiating your arbitration Demand. This paragraph may be referred to as the “Class Action and Mass Action Waiver” in these Terms of Use. Nothing in these Terms of Use precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against Iactiveo for you.
Any arbitration required by the Arbitration Agreement shall be initiated by You or Iactiveo by sending the other a written demand for arbitration (“Demand”) only via first-class mail, FedEx, or DHL within the statute of limitations period. Your Demand shall be delivered to: Delightprice LTD. Legal Department, Suite 92 Atara Shopping Complex, Aguda Surulere, Lagos, Nigeria. The Demand must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the Demand certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the Demand are true and correct. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand.
In any arbitration of a dispute or claim that is subject to the Arbitration Agreement:
If (i) any dispute or claim subject to the Arbitration Agreement is filed as a class arbitration, class action, collective action, representative action, or Mass Action and (ii) if the Class Action and Mass Action Waiver is held invalid or unenforceable as to such dispute or claim, then the Arbitration Agreement does not apply to that dispute or claim and such dispute or claim must be brought in a court of competent jurisdiction. If any provision of Section 20 other than the Class Action and Mass Action Waiver is held invalid or unenforceable as to a particular dispute or claim, then such provision shall be severed from the Terms of Use, and the remainder of the Terms of Use shall be enforceable to the maximum extent permitted by law.
The Arbitration shall be carried out in accordance with the provisions of the Arbitration and Conciliation Act Cap A18 Laws of the Federation 2004 or any amendment or re-enactment thereof. The Arbitration shall take place in Lagos, Nigeria and be conducted in English Language.
This Agreement shall be governed by and interpreted and construed in accordance with the laws of The Federal Republic of Nigeria. The place of jurisdiction shall be exclusively in Lagos, Nigeria.
Unless otherwise specified, the material on Iactiveo.com is presented solely for the purpose of sale in Nigeria. Iactiveo makes no representation that materials/services in Iactiveo.com are appropriate or available for use in other locations/Countries other than Nigeria. Those who choose to access this site from other locations/Countries other than Nigeria do so on their own initiative and Iactiveo is not responsible for supply of goods/availability of services, refund for the goods or services ordered from other locations/Countries other than Nigeria, compliance with local laws, if and to the extent local laws are applicable.
These Terms of Use are effective unless and until terminated by either you or Iactiveo. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Iactiveo Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Iactiveo Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Iactiveo, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Iactiveo Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Your Use of the Iactiveo Sites,” “Content and Ideas,” “Monitoring by Iactiveo,” “Materials Available on the Iactiveo Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with Iactiveo,” “Shipping and Delivery,” “Export Policy,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.
Iactiveo.com reserves the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our goods and services with or without prior communications. You hereby consent that Iactiveo.com will under no circumstance be liable to you or any third party for any modification or discontinuance of availability of goods or services on the website.
Iactiveo.com reserves the right to cancel any order without any explanation for doing so, under situation where Iactiveo.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Iactiveo.com policy or for any reason. However, Iactiveo.com will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
Note that in the event of cancellation of a ‘pay on delivery’ orders, Iactiveo will not be liable in any form where the customer proceeds to receive orders following an earlier cancellation.
Iactiveo.com tries to be as accurate as possible.However, Iactiveo.com does not warrant that product or service description or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered on Iactiveo.com itself is not as described, your sole remedy is to return it in unused condition.
If Iactiveo.com comes across any difference in pricing resulting from typographic errors with regards to pricing or product/service information, Iactiveo.com shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Transfer back to the originating bank account.
These Terms of Use represent the complete agreement and understanding between you and Iactiveo and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Iactiveo. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. Except as provided in Section 20 above, if any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. Except as provided in Section 20 above, these Terms of Use shall be interpreted and governed by the applicable laws of Nigeria without regard to choice-of-law principles. The failure of Iactiveo to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Iactiveo's rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the Iactiveo Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.
If you have any questions or comments, please contact us at info@Iactiveo.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
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