Terms of service
Last Updated: July 19, 2024
This terms and conditions of use ("Terms") is a legal agreement between you ("you," / "your"/ "Customer"), and EN1 Technologies Limited ("EN1," "us," "our," "we"). These Terms shall apply when you: (i) visit and/or access any of our Services on our website hosted at https://en1tech.com ("Website"); These Terms, together with our Privacy Policy and other contractual information communicated to you from time to time, set out the complete terms and conditions upon which you may use and purchase our products and services ("Services").
We reserve the right to amend these Terms at any time and will notify you of any such changes by posting the revised terms. All changes will be effective upon posting. You should check these Terms periodically for such changes. Your continued use of the Website to access our Services after any such changes to these Terms constitutes your agreement to be bound by any changes. We may terminate, suspend, change, or restrict access to all or any part of the Services without notice or liability to you.
By visiting our Website, you confirm that you have read, understood, and agree to be bound by these Terms. You acknowledge and agree that your use of the Services, including information transmitted to or stored by us, will also be governed by our Privacy Policy.
- Service-Specific Terms
- Eligibility
- Personal Data
- Acceptable Use Restrictions
- Intellectual Property
- Force Majeure
- Warranty Disclaimer
- Indemnity
- Limitation Of Liability
- Third-Party Sites
- General Provisions
- You shall not assign any of your rights and obligations under these Terms without our written consent.
- If any provision of these Terms is determined invalid by a competent authority or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability; if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of these Terms and the Related Agreements shall remain in effect.
- These Terms shall not be construed as creating any partnership, joint venture, agency, or similar relationship between you and us other than the relationship with respect to carrying out the provisions of these Terms. All rights, duties, obligations, and liabilities shall be separate, individual, and several, not joint or joint and several.
- The failure of either you or us to exercise, in any way, any right herein will not be deemed a waiver of any further rights hereunder. Specifically, you agree that if we do not exercise or enforce any legal right or remedy contained in these Terms, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
- Applicable law & Dispute Resolution
- Termination
When you request or engage in specific Services offered through our Website, you agree to abide by the additional terms and conditions specific to those Services. These service-specific terms are supplemental to these general Terms and will be provided at the time of the Service request. By requesting or using these Services, customers acknowledge and agree to be bound by these additional terms.
2.1 You hereby declare that you are a human being over 18 years of age and of a sound mind, or at least the age of majority in the jurisdiction where you reside and from which you use the Services. We shall deny you access to our Services if we believe, in our sole discretion, that you are less than 18 years of age. You also agree that we reserve the right to deny you our Services on suspicion of illegal/fraudulent activities or other activities that directly or indirectly breach the provisions of these Terms.
2.2 You agree that we will use the contact details you provide to us at any point as the primary mode of communicating with you.
2.3 You confirm that all information you provide to us is true, correct, and not misleading. You agree to provide any additional documents and/or information that may be required from time to time.
By visiting our Website, you consent to us processing your personal data for the purpose of providing the Services and for the purposes described in our Privacy Policy.
4.1 You are granted a non-exclusive, non-transferable, personal, limited licence to our Website. Your limited right to use our Website is revocable at our sole discretion. You agree not to engage in the activities described below.
i. You shall not use our Website in any unlawful manner, for any unlawful purpose, or in any manner inconsisThird-Party Sitest with these Terms or act fraudulently or maliciously.
ii. You shall not infringe our intellectual property rights or those of any third party in relation to your use of our Website, including the submission of any material (to the extent that such use is not licenced by these Terms).
iii. You shall not use our Website in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users.
iv. You shall not extract any information or data from our systems or attempt to decipher any transmissions to or from the servers running the Services.
v. You shall not use our Website in a manner that contravenes or promotes activities that contravene applicable laws or these Terms.
vi. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
vii. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. You also must not seek to access, alter, or delete any information for which you have not been authorised to access, overload, spam, or flood our Website, or take any action to crash, delay, damage, or otherwise interfere with the operation of the Website
5.1 Notwithstanding any other provision in these Terms, we shall remain the exclusive owner of the copyrights and any other intellectual property rights in the Website and the technology anywhere in the world. Rights in the Website are licenced (not sold or assigned) to you, and you have no rights in or to the Website or the technology other than the right to use the Website in accordance with the provisions specified in these Terms.
5.2 You are only authorised to use the copyrighted materials, trademarks, trade names, and service marks of EN1 and its subsidiaries and partnerships, merch, souvenirs ("EN1 Materials"), and other relevant materials provided by us solely in accordance with the purpose for which they are provided. Nothing contained in these Terms or otherwise shall effect or be deemed to effect an assignment, licence, or other grant of any right by us of any of our rights in or to such EN1 Materials. In the event that you are unsure about actions or inactions pursuant to this Clause 5 , you hereby undertake to seek clarification from EN1.
We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure results from events, circumstances or causes beyond our control, circumstances such as but not limited to, any delay or failure due to any act of God, pandemic, epidemic, act of civil or military authorities, governmental regulation or restriction, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK.
THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND AS TO THE WEBSITE, SERVICES, AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE WEBSITE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.1 You hereby agree to indemnify and hold us harmless against all claims, liabilities, damages, costs, and expenses ( including attorney fees and related charges) that we suffer or incur as a result of you breaching these Terms.
8.2 You agree that your indemnity obligations under these Terms shall not be reduced by any claim by you against us , any of its affiliates, or their respective employees, officers, directors, agents, partners, representatives, and/or third-party service providers.
9.1 We shall not be responsible for any loss suffered by you should access to the Services be interfered with or be unavailable by reason of the failure of any of your devices, a lack of internet connection, or any other circumstances whatsoever not within our control, including, without limitation, system error, interruption, delay, or non- availability of the Services, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.
9.2 You hereby agree that, to the extent permitted by applicable laws, we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the Service.
9.3 We shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity as a result of your unauthorised use of our Website.
Whilst we may offer Links to Third Party websites, we have no control over the content or appropriateness of the content on such Third Party websites, and you acknowledge and agree that we are not responsible for the availability of such Third Party websites, do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party websites, and will not be a party to, or in any way responsible for, any transaction entered into concerning goods or services available through such Third Party websites.
12.1 his Agreement is governed by, and construed in accordance with the laws of the Federal Republic of Nigeria.
12.2 For any and all controversies, disputes, demands, claims, or causes of action between you and EN1 (“Dispute”) relating to the Services or Agreement, you and EN1 agree that the Dispute shall be resolved in the first instance, by mutual discussions within 30 days of either you or EN1 notifying the other of the existence of a Dispute. You and EN1 shall use all reasonable endeavours to resolve amicably and in good faith any dispute arising out of or in connection with the Services or this Agreement.
12.3 In the event that you and EN1 fail to reach an amicable settlement within 30 days, the Dispute shall be settled by arbitration in accordance with the extant Arbitration Act in force. The arbitration shall be conducted by a sole arbitrator to be appointed by the Lagos Multi-Door Courthouse or such other office or body as agreed by you and EN1. The venue of the arbitration shall be Lagos State, Nigeria, and the language to be used in the arbitration proceedings shall be English. You and EN1 agree that the decision of the Arbitrator shall be final and binding on both of us.
This Terms is effective until terminated by us at any time, with or without notice and liability to you.
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© 2023 EN1 technologies. All rights reserved.