Terms and Conditions
These terms and conditions (“the Terms”) govern your use of this website (the “website”) owned and operated by SGI Limited (“Itemsgalore”).
Please read through the Terms. If you do not agree with the Terms, do not use this website. If you do use the website, your conduct indicates that you agree to be bound by the Terms.
Unless otherwise specified, the copyright in the contents of all the pages in this website are owned or licensed to SGI.
Unless otherwise specified, the authors of the literary and artistic works in the pages in this website have asserted their moral right pursuant to appropriate Sections of the Copyright Designs and Patents Act (Nigeria) to be identified as the author of those works.
Conditions of your use of this website
Except as stated below, the contents of this website may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior express written permission of SGI.
You may not distribute, display or copy any of the contents of the pages contained in this website to third parties including, but not limited to “caching” any material on this website for access by third parties and “mirroring” any material on this website.
You may not provide a link to the websites from any other website without first obtaining SGI’s prior written consent.
You may print or download to disk the contents of an individual page of this website for the purpose of private and personal non-commercial use.
You may also permit your computer to make an electronically stored, transient copy of the content in this website for the purpose of viewing it while connected to the Internet only. However, you may only make one copy of any content.
You must be at least eighteen years of age to view the Adult section of this website or to link to external adult websites from this website.
Exclusion of SGI’s liability
The information contained in the material in this website is only for information purposes. SGI makes no warranties or representations as to its accuracy or reliability. The material on this website does not constitute advice and you should not rely on any material in this website to make (or refrain from making) any decision or take (or refrain from taking) any action.
SGI does not make any warranty or representation as to the accuracy or fitness for purpose of any material on this website or the reliability of the access to this website.
In no event do we accept liability of any description, including liability for negligence (except for personal injury or death), for any damages or losses (including, without limitation, loss of business, revenue, profits, or consequential loss) whatsoever resulting from performance of, use of or inability to use this website.
While SGI endeavours to ensure that this website is normally available 24 hours a day, SGI shall not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond SGI’s control.
SGI makes no warranty that this website (or websites which are linked to this website) is free from computer viruses or any other malicious or impairing computer program.
The pages contained in this website may contain technical inaccuracies and typographical errors.
The information in these pages may be updated from time to time and may at times be out of date.
We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
All users are advised to check advert details carefully before entering into any agreements of any kind. If in doubt, please seek legal advice.
Third party material and advertisements
This website contains material (including but not limited to advertisements) submitted and created by third parties. All advertisements published in Itemsgalore are subject to the Advertising Terms and Conditions. All third party material is published by SGI in good faith. SGI does not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and SGI specifically disclaims and excludes all liability to any person (be they advertiser, reader or user) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and SGI takes no responsibility for such material.
In the event that you purchase or obtain any goods or services from a third party then your acquisition of such goods or services will be in accordance with the third party’s terms and conditions and SGI will have no liability to you in respect of the same.
This website also contains links to other websites which are not under the control of and are not maintained by SGI. SGI is not responsible for the content of those sites. SGI provides these links for your convenience only but does not necessarily endorse the material on these sites.
All product names mentioned herein are the trademarks of their respective owners. Some documents may contain other proprietary notices and copyright information relating to that document or organisation. You agree that SGI has not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of SGI or of any third party.
Material submitted by you
By submitting any material to SGI, you automatically grant SGI the royalty-free, perpetual, irrevocable, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You acknowledge that SGI is not obliged to publish any material submitted by you.
By submitting an advertisement to SGI you automatically agree to be bound by the Advertising Terms and Conditions.
You are prohibited from posting or transmitting to or from this Website any material:
1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite tribal or racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
2. for which you have not obtained all necessary licences and/or approvals; or
3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Nigeria or any other country in the world; or
4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the website (including, without limitation, by hacking).
SGI shall fully co-operate with any law enforcement authority or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of these Terms.
DATA PROTECTION AND PRIVACY
If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
LAW GOVERNING THE TERMS
Use of the website and these Terms shall be subject only to the laws of Nigeria which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.
The Courts of Nigeria shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with the website and its use and these Terms.
The website is aimed at users in the Nigeria. Where Nigeria regulatory authorities have jurisdiction over the contents of the website, SGI has attempted to ensure compliance with the requirements of such regulatory body.
However, some of the information in the pages contained in the website is not to be accessed from certain jurisdictions and no representation or warranty is made as to whether the information available in the website complies with the regulatory regime of countries other than the Nigeria.
These terms and conditions constitute the entire agreement between you and SGI relating to the subject matter herein.
When you are buying services over the Internet, you need to be assured that your details will be safe from prying eyes and misuse.
SGI is well aware of these issues and it is important that you are too and that you are confident that every effort has been made to protect you.
Any information being passed over the internet, whether credit card details, names, addresses, phone numbers or other sensitive information is encrypted to the highest industry standard so that no one can read or obtain your details for fraudulent means.
CREDIT CARD PAYMENT
You can pay using one of the following credit/debit cards: Visa, Mastercard, Switch, Naira Mastercard or any valid bank debit card.
All prices are quoted in Naira and payment can be accepted in any of the following other currencies: US $, £, € at the prevailing rate of exchange, or alternatively, PayPal who will be responsible for debiting the correct amount from your card. It goes without saying that you must have a domiciliary account in the currency you wish to pay other than Naira. Once your transaction is completed, SGI does not keep a record of your credit card number. The only record SGI keeps is the authorisation number received from the bank.
ADVERTISER TERMS AND CONDITIONS
- In these terms and conditions (the “Advertising Terms and Conditions”),
(a) “the publisher” means SGI Limited, of 34 Kayode Street, Ogba – Ikeja, Lagos (Company Reg # RC 341816),
(b) “buyer” means the person placing the order to insert the advertisement, whether such person be the advertiser of the product/service (the ‘advertiser‘) or the advertiser‘s advertising agency or media buyer;
(c) an ‘advertisement‘ means the matter to be published or separately inserted.
The publisher offers the service of publishing advertisements in any of SGI’s websites. These advertising terms and conditions apply to advertisements published in SGI‘s portfolio, both print and online.
THE BUYER‘S GENERAL OBLIGATIONS
- The buyer contracts with the publisher as principal. Where the buyer and the advertiser are different persons, the buyer warrants that it is properly authorised to place the advertisement on behalf of the Advertiser.
- The buyer warrants that in relation to an advertisement as submitted or subsequently amended:(a) the reproduction and/or publication of such advertisement will not breach any legislation, regulation (governmental or otherwise) or contract or infringe or violate any copyright, trademark, or other personal or proprietary right of any person or render the publisher liable to any proceedings whatsoever; (b) all advertising copy submitted to the publisher is legal, decent, honest and truthful and complies with the Nigerian Code of Advertising Sales Promotion and Direct Marketing and all other relevant codes under the general supervision of the Advertising Standards Authority, NCC or any other applicable body; and (c) in relation to any financial promotion the advertiser is, or the contents of the advertisement have been approved by, an authorised person within the meaning of the Financial Services and Markets Act and related legislation including but not restricted to Financial Services and Markets or that the advertisement is otherwise permitted under that Act or related legislation.
- The copyright for all purposes in all artwork, copy and other material which the publisher or its employees have originated or reworked shall vest in the publisher. The buyer grants the publisher a licence to reproduce in SGI‘s portfolio all material not so vesting unless specifically agreed otherwise.
- The buyer agrees to check the correctness of the advertisement. Any complaint, whether about the advertisement (and of each individual advertisement if part of a series) or the details contained in the invoice or email confirmation of booking (as the case may be), must be raised with the publisher within 7 days of publication or receipt of invoice or email confirmation of booking (whichever is the earlier) and will not affect the liability for payment at the due time.
- The buyer will indemnify the publisher and keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever incurred by the publisher arising directly or reasonably foreseeably as a result of any breach or non-performance by the buyer of any of the representations, warranties or other terms herein contained or implied by law.
- All material contained in SGI‘s portfolio is published in good faith, the publisher does not in any circumstances accept responsibility for the accuracy or otherwise of any advertisement or message published or its compliance with any legal or regulatory requirements (nor is any kind of warranty expressed or implied by such publication). The publisher specifically disclaims all and any liability to the buyer, advertisers, readers and users of any kind (other than death or personal injury caused by the publisher‘s negligence or breach of statutory duty) for loss or damage of any nature whatsoever and however arising, whether due to inaccuracy, error, omission or any other cause, and whether on the part of the publisher or its employees or agents or any other person. Save in the case of death or personal injury caused by the publisher‘s negligence or breach of statutory duty, under no circumstances shall the publisher be liable to the buyer or the advertiser or any other party for any special, incidental, indirect or consequential damages of any kind, including, without limitation, those resulting from loss of sales, loss of goodwill, loss of profits, whether or not the publisher was advised of the possibility of such losses. In all other respects, the publisher‘s liability shall be limited to either (a) placement of a new advertisement the same or similar to the advertisement originally booked in either SGI‘s portfolio or (b) the amount paid or payable by the buyer.
- The buyer agrees that the publisher has no liability in respect of any box numbers and agrees NOT to use box numbers for sending original documents, goods or payments of any kind, nor for the distribution of circulars. Box number replies will be collected only by the buyer or the buyer‘s nominee. An additional fee will be charged to the buyer for use of a box number.
THE BUYER‘S PAYMENT OBLIGATIONS
- Payment in respect of the advertisement (including where relevant any associated production, late copy and box number charges) is due in advance of publication except where the publisher has confirmed its agreement in writing to allow credit to the buyer, in which case payment shall be due: no later than 2pm on the last working day prior to the 16th day following the end of the month in which the advertisement appeared. Full details of each remittance under this clause are to be supplied to the publisher by the due time. Payment shall mean (i) the receipt by the publisher at its principal place of business (or elsewhere as it may direct) of cash or a cheque subsequently honoured or at the bank of monies transferred electronically or through the clearing bank‘s credit system or (ii) payment by credit card which may be subject to an additional administration charge. For the avoidance of doubt in determining the last working day of the month, only Nigerian bank holidays shall apply.
- (a) In respect of consumer buyers, the publisher shall provide an email confirmation of booking for each advertisement published on itemsgalore.biz. (b) Liability for payment arises from publication of the insertion/advertisement. Further, all items on the statement are deemed to be payable; any errors or omissions must be communicated to the publisher in accordance with clause 5 and in time to be rectified before payment becomes due. Payment for the advertisement shall be made whether or not the buyer shall have provided the publisher with an order number at the time the advertisement was booked.
- The buyer agrees to pay the publisher in respect of each advertisement for which payment is not made by the due time:
(a) the sum of N2,500 as an administration charge and
(b) the interest on the amount paid late at the rate of four per cent above the base rate of First Bank plc accruing from day to day (including the day on which payment was due) both before and after judgment. Any such additional charge is payable within seven days following delivery of the publisher‘s invoice particularising it.
THE PUBLISHER‘S OBLIGATIONS
- The publisher may decline to publish, or omit, suspend, edit, change the position or require amendment of all or any part of any advertisement accepted for insertion. The publisher is not obliged to publish any advertisement on a particular day or in a particular position.
- The publisher will not be liable for any loss of copy, artwork, photographs or other materials. The buyer warrants that it has retained copies and the originals of advertisements.
- The buyer may cancel an advertisement only in accordance with this clause 14. The buyer‘s right to cancel depends upon whether he or she is a “consumer” (as that term is defined in the Consumer Protection (Distance Selling) Regulation 2000 (the “Regulations”)) or not (ie a “trade buyer”) as follows:
(a) A “consumer” buyer as defined in the Regulations may cancel the placement of an advertisement at any time up to the expiry of seven working days beginning with the day after the day on which the “consumer” buyer places its order for an advertisement. However, the “consumer” buyer accepts that if the publisher commences providing services in relation to the placing of the advertisement prior to the expiry of such seven day cancellation period with the “consumer” buyers agreement, the “consumer” buyer will lose his or her right to cancel. To simplify, the “consumer” buyer agrees that (i) in respect of advertisements the publisher will start to provide services as soon as the advertisement is visible online. In either case the “consumer” buyer accepts that he/she will not have any right to cancel the advertisement unless the publisher is notified prior to the commencement of service provision.
(b) A trade buyer may cancel at any time between placing the order and by 12 o‘clock on the deadline day of the publication of the advertisement.
Upon cancellation, the buyer shall be entitled to a full refund.
- Without prejudice to the publisher‘s entitlement to be paid, in the event of any error in the publishing of the advertisement caused by the act or omission of the publisher, the publisher at its sole discretion may either re-insert the advertisement or make a reasonable refund of or adjustment to the cost. No re-insertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement.
- There is no obligation on the publisher to supply voucher copies, tear sheets or other acceptable facsimile, illustrating publication and their absence shall not affect the buyer‘s liability for payment.
- These Advertising Terms and Conditions apply to advertisements published within SGI‘s portfolio.
- The publisher may repeat the publication of the advertisement on any other website or on any and all media now known or hereafter devised (including, without limitation, print, electronic, or digitised versions) owned or operated by the publisher, or any third party that the publisher has agreements with such as Jobsite (Nigeria) Ltd, Jobs week etc.
Sauberfuss Gebrüder International
34 Kayode Street
Ogba – Lagos
- The placing of an order for an advertisement amounts to an acceptance of these terms (including any additional matters set out in the rate card) to the exclusion of any other terms and conditions. No variation shall be binding unless agreed in writing.
- If any provision of these terms is held to be void or unenforceable in whole or in part, these terms shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by the publisher shall be effective except in relation to the matter in respect of which it was specifically given.
- The publisher may for its own benefit enforce in its own right any of these terms subject to and in accordance with the provisions of the relevant Nigerian law governing such.
- These terms shall be construed under and governed by the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the Nigerian Courts.
CHANGES TO THE TERMS AND CONDITIONS