Use of the Site
You are either at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you. Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions. Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
Order acceptance and pricing
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
Trademarks and Copyrights
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Nigeria copyright laws and international conventions. All rights are reserved.
Applicable Law and Jurisdiction
These Terms and Conditions shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law, as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of City Solar Mall Limited in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
Warranty Subject to the Terms and Conditions set out in this clause CSML warrants to the Buyer that the Goods will correspond with their specification and will be free from defects in material and workmanship at the date of delivery. The warranty given by CSML is subject to the following conditions: CSML shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, inappropriate storage conditions, failure to follow CSML’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without approval of CSML . CSML shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid, by the due date. The Buyer must be aware that Goods incorrectly installed or operated may be a serious danger to people and property. The Buyer is responsible for the proper installation and operation of the Goods and CSML cannot accept any liability in respect of any omissions, errors or failures on the part of the Buyer to install the Goods correctly. Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specifications) shall be notified to CSML in writing within 7 days from the date on which the defect or failure became apparent. Were a valid claim is notified to the Company in accordance with this clause, the Company shall be entitled to repair or replace the Goods free of charge. The Company will not be responsible for any direct or indirect costs arising from any defect. Except in respect of death or personal injury caused by the Company’s negligence, CSML shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty of law, or under the express terms of the contract for any loss of profit or any indirect, special or consequential loss or damage (whether for loss of revenue, loss of business, loss of contract, or any financial or economic loss or otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of CSML, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use of resale by the Buyer, except as expressly provided in these Terms and Conditions. The Buyer shall indemnify the Company and keep it indemnified against all damages, penalties, costs and expenses for which the Company becomes liable as a result of third party claims or demands made against the Company with any of its obligations under the contract. Any warranty claims must be made within 2 years of delivery or lesser warranty period as advertised for specific Goods. CSML shall not be liable to the Buyer or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform the its obligations in relation to the Goods if the delay or failure was due to a cause beyond the reasonable control of CSML including, without limitation:
● Shipping or transportation damages
● Improper installation
● Exposure to unsuitable environmental conditions, including but not limited to damage due to lightning strikes
● Corrosion or rust
● Unauthorized or abnormal use or operation
● Negligence or accidents, including but not limited to lack of maintenance or improper maintenance
● Material or workmanship not provided by CSML or its authorized service centres
● Relocation of the commercial inverter from its original installation location
● Alteration of equipment without prior approval by CSML
● Acts of God, such as earthquake, flood or fire
● War or threat of war, sabotage, riot, national emergency, civil commotion
● Governmental, parliamentary or local authority actions
● Lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce or that of a third party).
The Warranty does not cover fuses, filters, and the value of lost energy production or costs related to the removal, installation, or troubleshooting of customer electrical systems. Warranty Termination CSML shall be entitled to cancel this contract if: The Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a Company) becomes subject to an administration order into liquidation; or
● An encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
● The Buyer ceases or threatens to cease to carry on business; or
● The Buyer is unable to pay its debts as they fall due; or ● CSML reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly;
● In each case without incurring any liability for any loss or damage and without prejudice to the Company’s right to payment under these Terms and Conditions. Your Rights The above terms do not affect your statutory rights.
City Solar Mall Limited shall be entitled to cancel this contract if: The Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a Company) becomes subject to an administration order into liquidation; or
• An encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
• The Buyer ceases or threatens to cease to carry on business; or
• The Buyer is unable to pay its debts as they fall due; or
• City Solar Mall Limited reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly;
• In each case without incurring any liability for any loss or damage and without prejudice to the Company’s right to payment under these Terms and Conditions.
- Your Rights
The above terms do not affect your statutory rights.