Terms and Conditions

www.TRADEEXPOAFRICA.com

Feb 2022

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Trade Expo Africa (TEXA) (“we,” “us” or “our”), concerning your access to and use of the Trade Expo Africa (TEXA) [www.tradeexpoafrica.com] website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

By signing up, clicking on the checkbox or button “I AGREE” on the Site, you agree that you have read, understood and accepted the Terms and Conditions of usage including latest updates, changes or modifications thereto.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

USE BY CHILDREN

Option 1: The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register on the Site.

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from children under 18.

If you are a parent or guardian and you are aware that your Child has provided us with Personal Information, please contact us if you discover that a Child under 18 has provided such personal information.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: [(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;] (3) you have the legal capacity and you agree to comply with these Terms of Use; [(4) you are not under the age of 18;] (5) (6) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

USERS RESPONSIBILITY

The User is responsible for all use of the Site made by the User or anyone else using the User’s password and for preventing unauthorized use of the User’s password. If the User believes there has been any breach of security such as the disclosure, theft or unauthorized use of the User’s Password or any payment information, the User must notify us immediately.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. use a buying agent or purchasing agent to make purchases on the Site.
  4. use the Site to advertise or offer to sell goods and services.
  5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  6. engage in unauthorized framing of or linking to the Site.
  7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  8. make improper use of our support services or submit false reports of abuse or misconduct.
  9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  11. attempt to impersonate another user or person or use the username of another user.
  12. sell or otherwise transfer your profile.
  13. use any information obtained from the Site in order to harass, abuse, or harm another person.
  14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  18. delete the copyright or other proprietary rights notice from any Content.
  19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  24. use the Site in a manner inconsistent with any applicable laws or regulations.
  25. [other]

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  4. your Contributions are not false, inaccurate, or misleading.
  5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. your Contributions do not violate any applicable law, regulation, or rule.
  10. your Contributions do not violate the privacy or publicity rights of any third party.
  11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; ((5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. [As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy [CLICK  ] and Content Clause (CLICK  ). By using the Site, you agree to be bound by our Privacy Policy and Content Clause, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Nigeria.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service.

By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible on the application.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.]

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms and Conditions shall be governed and construed in accordance with the laws of Nigeria, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

DISPUTE RESOLUTION

We shall use our best efforts to resolve, in good faith, any dispute, conflict, or question of any nature that may arise in relation to your usage of our services under these Terms and Conditions.

Upon being notified of a dispute, we shall engage with the customer and try to resolve such Dispute by means of amicable discussions in good faith. If the Dispute cannot be resolved amicably, it shall be submitted for adjudication to Nigerian courts having jurisdiction in such matters.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE.

EXCEPT TO THE EXTENT PROVIDED BY NIGERIAN LAW, WE SHALL NOT BE LIABLE TO YOU, OR TO ANYONE ELSE FOR ANY BREACH OF THIS AGREEMENT FOR ANY EXPENSES, LOSSES OR DAMAGE (WHETHER FORESEEABLE OR NOT) TO YOU, OTHER PERSONS OR TO ANY PROPERTY. TO THE EXTENT WE ARE LIABLE, OUR LIABILITY WILL (TO THE EXTENT PERMITTED BY LAW) BE LIMITED TO THE PRICE PAID BY YOU FOR THE GAS AND EQUIPMENT SUPPLIED BY US WHICH GAVE RISE TO THE CLAIM. WE ARE NOT LIABLE IN ANY CIRCUMSTANCES FOR CONSEQUENTIAL LOSSES, INDIRECT LOSSES, LOSS OF PROFITS OR SIMILAR CLAIMS.
TO THE EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM AN EVENT BEYOND OUR CONTROL AND WHICH PREVENTS US FROM CARRYING OUT OUR RESPONSIBILITIES UNDER THIS AGREEMENT.
YOU INDEMNIFY US IN RESPECT OF ALL CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, DAMAGES, LOSSES AND EXPENSES OF ANY NATURE, ARISING OUT OF OR IN CONNECTION WITH ANY DAMAGE OR LOSS TO ANY THIRD PARTY FROM THE GAS AND/OR EQUIPMENT WHILE THEY ARE IN YOUR POSSESSION.

TO THE EXTENT THAT THE WEBSITE AND THE INFORMATION AND SERVICES ON THE WEBSITE ARE PROVIDED FREE OF CHARGE, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY NATURE

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Trade Expo Africa (TEXA)

No 1 Sobo Arobiodu Str, Ikeja GRA, Lagos. Nigeria.

+234 806 305 4246

info@tradeexpoafrica.com

 Data Privacy & Protection Policy

  1. About Our Privacy Policy

As part of our operations, Trade Expo Africa (TEXA) (“TEXA”, “the Company”, “We”, Us” or “Our”) collects and processes your personal data.TEXA is firmly committed to protecting your personal data and complying with applicable data protection laws, regulations, rules and principles to ensure security of personal data handled by us.

This Data Privacy & Protection Policy (“Policy”) explains the data processing practices of TEXA, the minimum standards that must be strictly adhered to regarding the collection, use and disclosure of your personal data and describes your rights as a user of our TEXA Application (App), web portal, website or any other individual whom TEXA communicates or deals with, jointly and/or severally. The Policy describes the information we collect, how we collect, use, store, secure and share the information.

  1. Legal Basis For Processing Of Personal Data 

In line with the provisions of the NDPR, TEXA will process your personal data based on any of the following:

  1. Where you give us your consent to process your personal data for one or more specific purposes.  A user who has provided consent to processing of their personal data can withdraw such consent at any time. However, the user will not be able to use any service or feature that requires collection or use of that personal data if no other legal basis can be relied upon;
  2. Where the processing is necessary for the performance of a contract concluded between you and TEXA;
  3. Where processing is necessary for TEXA to comply with a legal obligation, to which TEXA is subjected to
  4. Where it is necessary for the performance of a task carried out in the public interest or in exercise of official public mandate vested in TEXA; and
  5. Where the processing is necessary in order to protect your vital interests or the vital interests of another natural person.

Where TEXA processes your personal data based on consent, TEXA will ensure:

  1. that the specific purpose of collection is made known to you and the consent is requested in a clear and plain language;
  2. that the consent is freely given and obtained without fraud, coercion or undue influence;
  3. that the consent is sufficiently distinct from other matters to which you agreed;
  4. that the consent is explicitly provided in an affirmative manner;
  5. that consent is obtained for each purpose of personal data collection and processing; and
  6. that it is clearly communicated to and understood by you that you can update, manage or withdraw your consent at any time.
  7. that services are not offered directly to minors (under the age of 18), under no circumstances.
  1. Purpose Limitation

TEXA collects personal data only for the purposes identified under Clause 6 of this Policy and/or for related purposes and for which consent has been obtained. Such personal data cannot be reused for another purpose that is incompatible with the original purpose, except a new Consent is obtained.

  1. Data Minimization

TEXA limits Personal Data collection and usage to data that is relevant, adequate, and absolutely necessary for carrying out the purpose for which the data is processed.

TEXA will evaluate whether and to what extent the processing of personal data is necessary and where the purpose allows, anonymized data must be used.

  1. Information we collect about you

The following are data collected and processed by TEXA:

When a user creates a TEXA account, either as a SELLER OR BUYER, the personal information TEXA collects may include:

  • Name, phone number and email address
  • Home and/or work address
  • Delivery address of other persons provided by you
  • Debit or credit card details and payment information, which is processed through a third party. Please note that TEXA does not keep or store bank details,  debit or credit card details of customers and sellers.
  • User profile data
  • Usage data
  • Transaction information
  • Information relating to customer support etc.
  1. Purpose of collection
  • We collect customer and seller data and contact details to establish and maintain customer and seller accounts; verify customer and seller identity; communicate with  customer and seller about customers’ orders, and accounts; and enable users to make payments.
  • We use usage data, to maintain, optimize, and enhance TEXA services.
  • Information relating to customer support is used to resolve disputes and queries
  • We use debit or credit card details and transaction information, which is processed through a third party service provider, to process customers and seller payments.
  1. Who we share your information with

TEXA may engage the services of third parties in order to process your personal data. The processing by such third parties shall be governed by a written contract with TEXA to ensure adequate protection and security measures are put in place by the third party for the protection of personal data in accordance with the terms of this Policy and the NDPR.

Customer contact information such as name, phone number, and location is shared with the sellers and our employees for the purpose of fulfilling the customer orders and consummating the transaction either through the delivery or pick up option.

TEXA may also share personal data with law enforcement agencies regarding criminal acts or threats to public safety, or requests by third parties pursuant to legal processes. TEXA may also share information with public health authorities where required or permitted by law.

  1. Transfer of Personal Data to Foreign Country

Where personal data is to be transferred to a country outside Nigeria, TEXA shall put adequate measures in place to ensure the security of such personal data. In particular, TEXA shall, among other things, conduct a detailed assessment of whether the said country is on the National Information Technology Development Agency (NITDA) White List of Countries with adequate data protection laws.

Transfer of personal data out of Nigeria would be in accordance with the provisions of the NDPR. TEXA will therefore only transfer Personal Data out of Nigeria on one of the following conditions:

  1. The consent of the customer or user has been obtained;
  2. The transfer is necessary for the performance of a contract between TEXA and the customer or user or implementation of pre-contractual measures taken at the customer or user’s request;
  3. The transfer is necessary to conclude a contract between TEXA and a third party in the interest of the customer or user;
  4. The transfer is necessary for reason of public interest;
  5. The transfer is for the establishment, exercise or defense of legal claims;
  6. The transfer is necessary in order to protect the vital interests of the customer or user or other persons, where the customer or user is physically or legally incapable of giving consent.

Provided, in all circumstances, that the customer or user has been manifestly made to understand through clear warnings of the specific principle(s) of data protection that are likely to be violated in the event of transfer to a third country, this provision shall not apply to any instance where the customer or user is answerable in duly established legal action for any civil or criminal claim in a third country.

TEXA will take all necessary steps to ensure that your personal data is transmitted in a safe and secure manner. Details of the protection given to your information when it is transferred outside Nigeria shall be provided to you upon request.

Where the recipient country is not on the White List and none of the conditions stipulated in this Policy is met, TEXA will engage with NITDA and the Office of the Honorable Attorney General of the Federation (HAGF) for approval with respect to such transfer.

  1. Personal Data Retention and Deletion

All personal information shall be retained, stored and destroyed by TEXA in line with legislative and regulatory guidelines.TEXA retains user data for as long as necessary for the purposes described. This means that we retain different categories of data for different periods of time depending on the category of user to whom the data relates, the type of data, and the purposes for which we collected the data. To the extent permitted by applicable laws and without prejudice to TEXA’ Document Retention Policy, the length of storage of personal data shall, amongst other things, be determined by:

  1. the contract terms agreed between you and TEXA or users or as long as it is needed for the purpose for which it was obtained; or
  2. whether the transaction or relationship has statutory implication or a required retention period; or
  3. whether there is an express request for deletion of personal data from you provided that such request will only be treated where you are not under any investigation which may require TEXA to retain such personal data or there is no subsisting contractual arrangement with you that would require the processing of the personal data; or
  4. whether TEXA has another lawful basis for retaining that information beyond the period for which it is necessary to serve the original purpose.

Notwithstanding the foregoing and pursuant to the NDPR, TEXA shall be entitled to retain and process personal data for archiving, scientific research, historical research or statistical purposes for public interest.

TEXA would forthwith delete personal data in TEXA’ possession where such personal data is no longer required by TEXA or in line with TEXA’ Retention Policy, provided no law or regulation being in force requiresTEXA to retain such personal data.

Your personal data will be stored for as long your accounts are active. However, you may request deletion of your account at any time through the Settings > Delete Account in the TEXA App, or web portal or through TEXA’ website. Following an account deletion request, TEXA deletes your account and data; otherwise, the personal data would be retained in line with legal or regulatory requirements, for purposes of safety, security, and fraud prevention, or because of an issue relating to the user’s account such as an unresolved claim or dispute.

Please note that the de-installation of TEXA App in your device does not cause the deletion of your personal data.

Data required for accounting purposes/business records will be stored for at least 6 years from the date of collection in accordance with the Section 375(2) of the Companies and Allied Matters Act (CAMA).

  1. Data Accuracy and Correction

TEXA is committed to keeping your personal data accurate and up-to-date. In this regard, TEXA shall:

  1. ensure that any data it collects and/or processes is accurate and not misleading in a way that could be harmful to you;
  2. make efforts to keep personal data updated where reasonable and applicable; and
  3. make timely efforts to correct or erase personal data when inaccuracies are discovered.

You can access and update or correct your personal data via our App or web portal as applicable.

  1. Lawfulness, fairness and transparency

Personal Data must be processed lawfully, fairly and in a transparent manner at all times. This implies that Personal Data collected and processed by or on behalf of TEXA must be in accordance with the specific, legitimate and lawful purpose consented to by you, save where the processing is otherwise allowed by law or within other legal grounds recognized in the NDPR.

  1. integrity and confidentiality

TEXA shall establish adequate controls in order to protect the integrity and confidentiality of Personal Data to prevent personal data from being accidentally or deliberately compromised. Personal data would be protected from unauthorized viewing or access and from unauthorized changes to ensure that it is reliable and correct.

Employees may have access to Personal Data only as is appropriate for the type and scope of the task in question and are forbidden to use Personal Data for their own private or commercial purposes or to disclose them to unauthorized persons, or to make them available in any other way.

  1. Personal Data Security 

TEXA will ensure that appropriate measures are employed against unauthorized access, accidental loss, damage and destruction to your personal data. This includes the use of password encrypted databases for digital storage.

To ensure security of personal data,TEXA will, among other things, implement the following appropriate technical controls:

  1. Industry-accepted hardening standards, for workstations, servers, and databases.
  2. Full disk software encryption on all corporate workstation/laptops operating systems drives storing personal data
  3. Encryption at rest including key management of key databases.
  4. Enable Security Audit Logging across all systems managing personal data
  5. Restrict the use of removable media such as USB flash disk drives.
  6. Anonymization techniques on testing environments;
  7. Physical access control where personal data are stored in hardcopy.
  1. Direct Marketing

We will only send you direct marketing messages via email or phone number, App, web portal or website as applicable.

Marketing opt-outs: You may opt out of receiving promotional emails from TEXA. You may also opt out of receiving emails and other messages from TEXA by following the unsubscribe instructions on messages on our App or web portal. We will however, send you non-promotional communications, such as receipts for transactions or information about their account.

  1. Data Subject Rights

All individuals who are the subject of personal data held by TEXA are entitled to the following rights:

  1. Right to information on their personal data collected and stored;
  2. Right to request for and access their personal data collected and stored. Right to receive data in a common electronic format, where such data is held electronically in a structured form, such as in a Database,
  3. Right to objection or request for restriction;
  4. Right to object to automated decision making;
  5. Right to request rectification and modification of their data which TEXA keeps;
  6. Right to request for deletion of their data, except as restricted by law or TEXA’ statutory obligations;
  7. Right to request the movement of data from TEXA to a Third Party; this is the right to the portability of data; and
  8. Right to object to, and to request that TEXA restrict the processing of their information except as required by law or TEXA’ statutory obligations.

You can exercise any of your rights by sending an email to the Data Protection Officer of the Company at info@tradeexpoafrica.com

  1. Changes to the Policy

TEXA reserves the right to change, amend or alter this Policy at any point in time. If we amend this Policy, we will provide you with the updated version.

  1. General Information
Title Data Privacy and Protection Policy
Status Mandatory
Issuing Department Risk/Compliance
Distribution/Target Audience All employees, including contracted staff, customers, drivers, distributors, vendors and suppliers of TEXA
Approver Management of TEXA
Effective Date February, 2022
Version 1.0
  1. Version Control
Version Last Updated Reason for Amendment
     
     
     
     
     
     

CONSENT CLAUSE FOR APPLICATION/WEBSITE USE

I consent to the collection and processing of my Personal Data/Information for the purpose of the services offered by Trade Expo Africa (TEXA), and other necessary data processing activities which may arise thereafter. Such activities may include communications and marketing materials, receiving order and transaction notifications via mail, telephone, email, or other electronic means, about the products and services provided by Trade Expo Africa (TEXA). I consent to the processing of my Personal Data (within or outside Nigeria), including transfer of my Personal Data to relevant third parties including Sellers, Payment Gateway Providers, as applicable, for reasons associated with the purpose for which the data is being processed as stated above.

For more details on how we manage and deal with your personal data, please access our Privacy Policy here

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