Last Updated 5th October, 2017
1. Acceptance of Terms
Welcome to Avocado Gadgets (referred to as “Avocado,” “us” or “we”). We provide the avocadogadgets.com website (http://avocadogadgets.com) subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you.
We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site, products and services available on this Site.
BY USING THIS SITE AND ITS RELATED PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, SERVICES, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.
2. Products and Services
Avocado Gadgets provides a number of products for users on its Site, including cell phones, tablets, laptops and related electronic goods. We also provide services ranging from installation to repair of electronic goods.
Although Avocado Gadgets works hard to provide quality products, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or products available on this site.
You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide products and services to you. You agree that the products available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.
3. Payment
If you choose to purchase one or more of the products and services provided on our Site, you agree to pay all fees associated with the products and services.
This site does not process credit or debit cards, or take other payment processing information. Payment processing is handled through Paystack. Please visit their site to learn how your payment information is handled.
If, for any reason, your bank declines or otherwise refuses to pay the amount owed for the products you have purchased or services you have requested, you agree that we may, at our option, suspend or terminate performance of services or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees, arbitration fees and other legal expenses.
4. Site Conduct & Posting Policies
Your use of the Site, is subject to all applicable laws and regulations, and you are solely responsible for any comments or reviews you leave on the Site. By posting information on the Site, you agree that you will not post comments, messages, links, code or other information that:
- - is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
- - victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- - infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- - consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling;
- - contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorised access to any data or other information of any third party;
- - breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;
- - impersonates any person or entity, including any of our employees or representatives.
Avocado Gadgets neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
5. Intellectual Property
For purposes of these Terms, “content” is defined as any information, communications, data, software, published works, photos, video, graphics, typefaces, music, sounds, or other material that can be viewed by users on our Site and is owned by Avocado or its Affiliates.
By accepting these Terms, you agree that all content presented to you on this Site is protected by patent, trademark, copyright and/or other proprietary rights available within Nigeria, and is the sole property of Avocado or its Affiliates.
All Content is protected as a collective work under Nigerian and international copyright laws, and Avocado owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any content you use, and you may not modify or alter the content, copy or post the content on any network computer, or broadcast the content in any media. Except for a single copy made for personal use, you may not copy, reproduce, scrape, frame, modify, remove, delete, augment, add to, republish, distribute, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part, without prior written permission from us.. Any unauthorised use of Site content violates our intellectual property interests and could result in criminal or civil penalties.
Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Avocado Gadgets, its Affiliates or that of any other persons/companies listed on this Site.
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
6. Content You Create: Reviews, Comments, Communications and other Content
Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and Affiliates), a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Avocado or User Content, a decision may be made to remove access or disable access to such materials. We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that you or someone else’s copyright has been infringed by Avocado, or User Content provided on this Site, you or the owner or rights holder should send notification to us immediately.
Notice may be sent to: [email protected]
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party.
As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by Avocado and will not be returned to you.
7. Privacy & Security
Your use of this Site is subject to our Privacy Policy. Please review the policy to learn how we collect and use information.
In order to access some of the products and services on this site, or to post User Content such as product reviews, you may be asked to set up an account and password. Our account registration page requests certain personal information from you. You will have the ability to maintain and periodically update your information as you see fit. By registering, you agree that all registration information provided by you is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
You hereby grant us the right to disclose to third parties certain registration information about you, where it is necessary to fulfil our obligations to you [such as delivering products you ordered to you]. The information we obtain through your use of this site, including your registration information, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
8. Disclaimer
ALL CONTENT, PRODUCTS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT, PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, PRODUCTS, SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR PRODUCTS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR PRODUCTS PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE USE OF THE CONTENT OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY PRODUCTS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT PRODUCTS ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.
9. Limitation0f Liability & Indemnification
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR PRODUCTS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve 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 will cooperate with us in asserting any available defenses.
10. Termination of Use
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
Upon termination and regardless of the reason(s) motivating such termination, your right to use the content available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1 and 3-10 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.
11. International Use
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside Nigeria. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside Nigeria, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.
12. Governing Law and Disputes
This Site is controlled by us from our offices in Nigeria, and the statutes and laws of the Federal Republic of Nigeria shall be controlling, without regard to the conflicts of laws principles thereof.
You and Avocado each agree that, except as otherwise noted below, any dispute or claim arising out of or relating in any way to these Terms, or to any products or services sold or distributed by Avocado, including, but not limited to, the advertising of or sales practices relating to such products and services, delivery, installation, and any communication, by whatever means, between you and Avocado, which cannot be settled, by mutual agreement/negotiation within 1 (one) month will be resolved by binding, individual arbitration, rather than in court. Disputes and claims that are within the scope of a Magistrate court’s authority are exempt from this dispute resolution provision, so long as they are brought individually and not as a class action.
The venue for the arbitration shall be the Lagos Multi-Door Courthouse (“LMDC”) and the proceedings shall be governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federation of Nigeria, 2004. You and Avocado shall appoint the Arbitrator and where both parties are unable to agree on the choice of an Arbitrator, the choice of an Arbitrator shall be referred to the LMDC. The findings of the Arbitrator and subsequent award shall be binding on both parties and both parties shall bear their respective costs in connection with the Arbitration.
BY AGREEING TO ARBITRATION, YOU AND AVOCADO UNDERSTAND THAT EACH IS AGREEING TO WAIVE ITS RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND ITS RIGHTS UNDER THIS CONTRACT. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS AN ARBITRATOR, NOT A JUDGE. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AS A COURT WOULD.
13. Notices
All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to the attention of Avocado Management at [email protected]. You agree to allow us to submit notices to you through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date of transmission by confirmed email.
14. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: Labour Congress disturbance, strikes, riots, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
15. Savings Clause
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
16. No Waiver
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
17. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.