TERMS AND CONDITIONS OF THE NIGERIAN BRITISH CHAMBER OF COMMERCE’S BUSINESS TOOLKIT

 

1.       Introduction

 

Before accessing this Website and its Content, You should carefully read, understand, and accept the Terms and Conditions herein as they will govern your access and use of the Website.

 

2.       Definitions

 

“Business Toolkit” refers to this compendium of Content for the establishment and operation of businesses in Nigeria.

 

“Content” means articles, guides, templates, and other materials or resources uploaded to the Business Toolkit.

 

“Contributor” refers to service providers, or other entities that upload Content to the Business Toolkit.

 

“NBCC” means the Nigerian-British Chamber of Commerce.

 

“Terms and Conditions” refers to these Terms and Conditions.

 

“User or You” refers to any individual or entity accessing the Business Toolkit.

 

“Website” refers to this online platform where the Business Toolkit is hosted.

 

 

3.       Acceptance

 

3.1     These Terms and Conditions govern your use of the Business Toolkit.  By registering, accessing and/or using the Website, You acknowledge that You have read, understood, and agree to be legally bound by the Terms and Conditions. If You do not agree with the Terms and Conditions, please do not access, or use the Website.  You must agree to the Terms and Conditions before accessing the website by ticking the “AGREE” box below.  This action shall constitute your acceptance of the Terms and Conditions and shall govern your access and usage of the Business Toolkit.

 

3.2     By attempting to access this Website, You agree to comply with and be bound by the terms governing the Business Toolkit.

 

3.3     If these Terms and Conditions have materially changed since you last accessed or used the Website, you acknowledge and agree that your continued access or use of the Website constitutes your acceptance of the changed Terms and Conditions;

 

3.4     You also agree to our privacy policy [UUBO1] which covers how we collect, use, share and store your personal information.

 

4.       Variation of Terms and Conditions

Please note that we may revise and update these Terms and Conditions from time to time in our discretion. Your use of this Business Toolkit is governed by the version of the Terms and Conditions in effect on the date the Website is accessed by You.  We reserve the right to amend, change, vary or alter the Terms and Conditions at any time with or without notice to You.  If You access or use the Website after the amended Terms and Conditions has been published, You will be deemed to have agreed to the Terms and Conditions as amended, changed, varied, or altered.

 

 

5.       Access to the Website

 

5.1     To enable You to create a profile on the website and make purchases, we may require that You provide your financial information and any other information that we may require from time to time (“Personal Information”). 

 

5.2     You shall be solely responsible for maintaining the confidentiality of your Profile and password and for restricting access to your computer/mobile device.  While the NBCC shall take all reasonable steps to protect your Personal Information, You hereby accept responsibility for any breach, unlawful access, use, compromise, or manipulation of your Personal Information caused by your conduct, inaction, carelessness, inadvertence, or negligence.  You are to notify us immediately if You become aware of any disclosure, loss, theft, or unauthorised access or use of your Personal Information by [insert a summary of the NBCC’s data breach notification procedure[UUBO2] ].

 

5.3     We reserve the right to revoke your access to the Website at our sole discretion and without assigning any reason or giving any notice thereto or in accordance with notice periods permitted in law.

 

6.       Prohibited Uses

 

6.1     You agree that You shall not do the following:

 

6.1.1      use the Website in any manner that could damage or overburden the NBCC, or any network connected to the NBCC’s server, interfere with any other party’s use of the Website; or

 

6.1.2      use the Website for any illegal or unlawful or malicious activity, or for activities that will be deemed improper under any law in force in Nigeria, which includes but is not limited to money laundering, financing of terrorism, fraud, racketeering, amongst others; or

 

6.1.3      impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading, or inaccurate information; or

 

6.1.4      access or use (or attempt to access or use) another user’s profile without permission or solicit another user’s login information.

 

6.1.5       to reverse engineer any portion of the Website.

 

6.1.6       to remove or modify any copyright, trademark, or other proprietary

              rights notice that appears on any portion of the Website or on any

              materials printed or copied from the Website.

 

6.1.7       to record, process, harvest, collect, or mine information about other

              Users.

 

6.1.8             to otherwise attempt to interfere with the proper working of the     

              Website.

 

6.2     You agree that we may take civil or criminal actions against You if we have reason to believe that You have used or attempted to use the Website in any manner prohibited above.

 

7.        No Legal Advice

 

7.1     All information and content provided by the Contributors on this Website is for informational purposes only, and the NBCC does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. You acknowledge that all information and content accessed by you using this Website is at your own risk.

 

7.2     The Content provided on this Website does not constitute legal advice, substitute professional legal advice or create a solicitor-client relationship, as the Business Toolkit is only a compendium of informational purposes-only resources. Users should not act upon information in the Business Toolkit without seeking independent professional legal counsel tailored to their specific circumstances.

 

7.3     Therefore, please consult your own legal practitioner regarding the use of any information received from the Website before using or relying on it. The NBCC does not give or intend to give any answers to legal questions. The NBCC does not represent itself as a lawyer nor is this implied. No legal advice is intentionally provided on the Website.  

 

8.       Communication

 

You consent to us sending all notifications, notices, records, statements, communications, updates, records, and any other information regarding the Website and Content to You (“Correspondence and Communication”) electronically.  You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email.

 

9.       Transmission of Personal Information

 

9.1     Your use of the Website may involve the transmission of your Personal Information to third-party service provider(s).  In view of your right to provide consent for the transmission of your personal information, You confirm that you have read and agreed to our privacy policy [UUBO3] and that you consent to the transmission of such information.

 

9.2     The transmission, use and/or analysis of your personal data or information shall be processed by Us in accordance with the Data Protection Act, 2023 and any other data protection regulation in force.

 

10.     Usage monitoring

 

We reserve the right, to access, archive, or monitor your use of this Website in accordance with the applicable laws of the Federal Republic of Nigeria.  By using the Website, You accept our right to access, archive, or monitor usage to ensure service quality, or to evaluate the website, the security of the payment methods, compliance with the Terms of Usage, or for any other reason.  You agree that our monitoring activities will not entitle You to any cause of action or other right with respect to the way we monitor the Website usage and enforce, or fail to enforce, the Terms of Usage.  You further agree that in no event will the NBCC be liable for any damages incurred by You because of our usage monitoring.

 

11.     Copyright, Trademark, and other Intellectual Property Rights

 

11.1    You acknowledge that this Website, along with all NBCC-related trademarks, service marks, and logos, is owned by NBCC and protected under applicable intellectual property laws of the Federal Republic of Nigeria. The Content, including but not limited to Contributor owned copyright, trademarks, service marks, and logos, is owned by the respective Contributors and similarly protected by law.

 

11.2    Accordingly, You may not copy, distribute or modify the Website or the Content, including any text, graphics, user interface design or logos, in any manner that is likely to cause confusion, except as explicitly authorised by the NBCC or the Contributor in writing. 

 

11.3    Each Contributor’s Content on this Website is provided to you “as is” for your personal and informational use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the relevant Contributor or the NBCC as the case may be.

 

11.4    Provided that you are eligible to use the Website, You are granted a limited license to access and use the Website and the Content. You may download or print a copy of any portion of the Content to which you have properly gained access solely for your personal and informational use only and subject to Clause 11.3 above. The NBCC reserves all rights not expressly granted to You in and to the Website.

 

12.     Connectivity

 

You agree that You are responsible for the means You use to access the Website and understand that your hardware, software, the Internet, your telecommunications service provider, and other third parties involved in connecting You to the Website may not perform as intended or desired. 

 

13.     Indemnification

 

You agree that the use of the Website is not a secure method of transmitting information, and that the risk of any loss of information or interception of information by any third party will be borne by You and that the NBCC, including its employees and partners shall not be liable for same. The NBCC shall not be liable for any damages arising out of or in connection with the use of the Website and Content or its non-use including non-availability or failure of performance, loss or corruption of data, loss of or damage to property (including profit goodwill), work stoppage, or interruption of business, error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure or for any failure to act upon instructions.  You will at all times indemnify the NBCC from and against all actions, proceedings, claims and demands whatsoever for or on account of or in relation to any use of the Website and Content from and against all damages, costs, liabilities, charges and expenses (including legal costs) incurred or suffered by the NBCC and arising directly or indirectly out of your use of the Website or any breach by you of any provision of these Terms and Conditions.

 

14.     Termination

 

14.1    You acknowledge and agree that we may restrict, suspend, or terminate the Terms and Conditions or your access to, and use, of all or any part of the Website, at any time, with or without cause, including but not limited to any breach of the Terms and Conditions without prior notice to You. 

 

14.2    We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any user information, emails, or other materials that are believed to violate the Terms and Conditions.

 

14.3    Any suspension, termination, or cancellation of the Website shall not affect your obligations to the NBCC under these Terms and Conditions (including but not limited to ownership, indemnification, and limitation of liability), which by their context are intended to survive such suspension, termination, or cancellation.

 

 

 

15.     Representation and Warranties

 

You hereby represent and warrant that:

 

15.1    You have read and understood the Terms and Conditions;

 

15.2    You are at least 18 (eighteen) years of age;

 

15.3    Your Personal Information and any other information given to us is true, accurate, authentic, current, and complete;

 

15.4    You grant to us the right to use your Personal Information in accordance with the Terms and Conditions;

 

15.5    You agree to comply with and be bound by the Terms and Conditions governing your use of the Website and You affirm that the Terms and Conditions are without prejudice to any other right that we may have with respect to your access to the Website under the laws of Federal Republic of Nigeria or otherwise;

 

15.6    You shall not assign or transfer your rights under the Terms and Conditions to anyone else, without our approval in writing;

 

15.7    your acceptance and use of Website does not violate any applicable law in Nigeria or any contract or obligation to which You are a party or are otherwise bound; and

 

15.8    that if You are accepting the Terms and Conditions on behalf of a company, organisation, or other legal entity, that You have their consent or authorisation to do so.

 

16.     Limitation of Liability

 

YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF THE WEBSITE IS TO STOP USING THE WEBSITE.  YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE NBCC, BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO: LOSS OF GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, OPERATOR ERRORS, INCONVENIENCE OR DELAY IN OPERATION OR TRANSMISSION; FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE AND THE INTERNET); SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD); FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOUR DISPUTE AND OTHER LABOUR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT; OR ANY THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY.

 

 

17.     Contributors

 

In order for You to conveniently use the Website, we may utilise the service of Contributors. Please be aware that the NBCC is neither responsible for the services provided by the Contributors nor are we responsible for the privacy policy or practices of Contributors.  PLEASE NOTE that where You do not accept the terms and conditions of a Contributor, DO NOT ACCEPT the Terms and Conditions.  We will ensure that any change, variation, or amendments to the terms and conditions of a Contributor is promptly communicated to You. 

 

18.     Contributors’ Disclaimer

 

You agree that these Terms and Conditions govern only the Website provided by the NBCC and not any Content provided by the Contributors.  You agree that the NBCC’s decision to use the service of Contributors is not an endorsement of the Content.  By using the Website, You agree to use the Content of the Contributors at your own risk.  You agree that we do not control the Contributors and that there is no agency relationship between us and the Contributors.  We expressly disclaim any responsibility for any service or information provided by Contributors, and You agree to hold us free from any liability that may arise from the Content provided by the Contributors. The NBCC does not guarantee the accuracy, reliability, completeness, or usefulness of any Content provided by the Contributors.  We do not guarantee that the Content provided by the Contributors will be free from errors.  We have no responsibility for any damage that may be caused to You because of using the Content of the Contributors.  You agree that any claim, controversy, complaint, or dispute arising out of or in connection with the the Content of the Contributorsshall be resolved in accordance with the terms and conditions of such Contributor.

 

19.     Disclosures

 

You agree and expressly consent that the NBCC may in its absolute discretion disclose any information in its possession relating to the Website at any time including your User profile details to any other party, government agency or institution under local or international laws and any other laws to comply with its obligations pertaining to the provision of the services.

 

20.     Governing Law and Dispute Resolution

 

20.1    The Terms and Conditions shall be governed by and construed in accordance with the Laws of the Federal Republic of Nigeria.

 

20.2    You agree that any claim, controversy, complaint, or dispute arising out of or in connection with your use of the Website (”Dispute”) shall be resolved by mutual consultation between You and the NBCC only.  It is agreed that any Dispute which cannot be mutually resolved by the Parties within 30 (thirty) days of parties taking steps to resolve the Dispute shall be resolved by arbitration in accordance with the Arbitration and Mediation Act, 2023.  The parties shall jointly appoint a sole arbitrator.  Where the parties are unable to agree on the choice of an arbitrator within 14 (fourteen) days from when the party giving notice has requested that the matter be referred to arbitration, any party may apply to the Chairman of the Chartered Institute of Arbitrators, UK (Nigeria Branch) to appoint an arbitrator.  The place of arbitration shall be Lagos State, Nigeria and the proceedings shall be in English Language.  The resulting arbitral award shall be final and binding and judgment upon such award may be entered in any court having jurisdiction thereof.  Notwithstanding the above, You hereby agree the NBCC reserves the exclusive right, at its option, to institute legal proceedings regarding any Dispute in any Nigerian court of law.

 

21.     Severability and Miscellaneous Provisions

 

21.1    If any provision of the Terms and Conditions is deemed unlawful, void, or for any reason unenforceable, the remaining provisions shall be fully enforced, and the remaining provisions shall remain in full force and effect.  The failure of a party to enforce any right or provision of the Terms and Conditions will not be deemed a waiver of such right or provision.

 

21.2    You shall comply with all laws, rules and regulations of any governmental authority or agency which govern or apply to the operation and use of the Website.

 

21.3    The NBCC may assign its rights and obligations under the Terms and Conditions or any rights hereunder without your consent. The relationship of the parties under the Terms and Conditions is that of independent contractors, and the Terms and Conditions will not be construed to imply that either party is the agent, employee, or joint venture of the other.

 

21.4    If there are other websites and resources linked to Content, these links are provided only for the convenience of our users. We have no control over the contents of those websites or resources and, therefore, cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Contributors websites linked to the Content, you do so entirely at your own risk and subject to the Terms and conditions of use for such websites.

 

22.     Contact Us

 

          All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [insert email address for Users to contact]

 

AGREE[UUBO4]