"BTMA") procedure. This assistance will only be given where you return the Goods to the fitting centre at which they were delivered and will require the allegedly defective Goods to be removed from your vehicle and sent away to the manufacturer for assessment. If replacement Goods are required at that point the Company will have no obligation to provide or pay for a replacement and any replacement purchase from the Company will be at full value. For more information on the BTMA procedure please contact email@example.com or the BTMA.
o 10.5 EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPH 10.1, THIS WEBSITE, THE SERVICE, AND THE GOODS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TIMELINESS, ACCURACY, COMPLETENESS OR RELIABILITY OF THIS WEBSITE OR THE SERVICE.
11. OUR LIABILITY
· 11.1 SAVE AS PRECLUDED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSES (INCLUDING WITHOUT LIMITATION ANY LOSS OF MATERIALS OR DATA, INTERRUPTION OF SERVICE OR WASTED EXPENDITURE) HOWSOEVER ARISING OUT OF YOUR USE OF THIS WEBSITE, THE ONLINE SERVICE, THE FITTED SERVICE, AND/OR THE GOODS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL HAVE NO LIABILITY TO PAY ANY MONEY TO YOU BY WAY OF COMPENSATION OTHER THAN TO REFUND TO YOU THE AMOUNT PAID FOR THE GOODS IN QUESTION. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THEORY UNDER WHICH SUCH CAUSE OF ACTION IS BROUGHT, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.
· 11.2 The information contained in the Website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself that the Goods you order are suitable for your specific purposes. You shall be responsible for ensuring the accuracy of all details provided as part of your Website Order.
· 11.3 The Company shall be under no liability in respect of any defect in the Goods arising from your use of the Goods, incompatibility of your vehicle or any misuse or alteration of the Goods.
· 11.4 Notwithstanding the above, nothing in these Website Conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any death or personal injury resulting from our negligence.
12. USE OF THE WORKS AND OTHER RIGHTS AND RESTRICTIONS
· 12.1 Except as provided in the immediately following sentence, the Company (or, in the case of third party materials, that third party) retains all rights, title and interest in and to the Website, including all software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectible elements contained therein, and the selection, sequence, "look and feel" and arrangements thereof. This Website is protected by intellectual property laws and your use is strictly restricted to these Website Conditions, including the following:
o 12.1.1 you may only use this Website for your own personal use and not for any business-related purposes;
o 12.1.2 you may not and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter the Website.
· 12.2 The trademarks, service marks, graphics and logos used in connection with this Website are trademarks or registered trademarks of the Company or third party owners. You are granted no right or licence with respect to any such trademarks or service marks and any unauthorised use is strictly prohibited.
· 12.3 All rights not expressly granted herein are reserved.
13. ACCEPTABLE USE
· 13.1 You shall not breach or attempt to breach the security of this Website. Without limiting the foregoing, you shall not: (a) access data or materials not intended for you; (b) log into a server or account which you are not authorised to access; or (c) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation. Breaches of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such breaches and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such breaches. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited.
· 13.2 You agree not to use this Website in any way that may cause the Website or access to the Website to be interrupted, damaged or impaired.
· 13.3 The Website may host reviews and feedback from users. Any electronic communications and / or content you send to this Website must be for lawful purposes only. You are responsible for such content, which should not be malicious, defamatory, obscene, racist or designed to offend or to cause annoyance. In particular, such communications and content must not be illegal, abusive, threatening, indecent, defamatory or menacing. It must not breach copyright, trade mark, confidence or privacy rights, and must not consist of or include software viruses, political announcements, commercial solicitation or advertising, chain letters, mass mailings or "spam".
· 13.4 When dealing with this Website you must not use a false email address, impersonate any other person or entity, or mislead the Website and its users as to the origin of any electronic communications or content.
· 13.5 Unauthorised use of this Website may give rise to a claim for damages and / or be a criminal offence.
14. YOUR INFORMATION
· 14.1 You agree to provide current, complete and accurate information required as may be required in the course of using this website or the Service ("Your Data"). You further agree to maintain and update Your Data as required to keep it current, complete and accurate. If any information you provide is false, incomplete or inaccurate, we may terminate your rights to use this Website. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Your Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.
· 14.2 You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Website. We will not be responsible for any loss suffered as a result of your failure to do so.
15. DISCLAIMER OF LIABILITY FOR THIRD PARTY MATERIALS
Certain content, products and services available via this Website may include materials from third parties. In addition, we may provide links to certain third party websites. With respect to such material, we are a distributor, not a publisher. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or websites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products or services of third parties. Links to other websites are provided solely as a convenience to you.
16. NOTICES AND CORRESPONDENCE
Unless otherwise expressly stated in these Website Conditions, all notices and other forms of communication from you to us must be in writing and sent to our trading address at Plot 909 Lateef Jakande Road Agidingbi Ikeja Lagos State, Nigeria or by email to firstname.lastname@example.org All notices from us to you will be displayed on the Website from time to time.
17. DISCLAIMER OF LIABILITY FOR THIRD PARTY MATERIALS
We shall/have no liability to you for any failure to deliver the Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, acts of terrorism or accident.
· 18.1 If any of these Website Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other conditions which shall remain in full force and effect.
· 18.2 If any of these Website Conditions is found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make valid and enforceable.
20. THIRD PARTIES
Except for our affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
21. ENTIRE AGREEMENT
22. GOVERNING LAW AND JURISDICTION
· 22.1 The Contract between us and any matter arising from or in connection with these conditions shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
· 22.2 Any claim or cause of action against the Company arising out of or related to use of this Website, the Service, or the Goods or otherwise under these Website Conditions must be filed within one (1) year after such claim or cause of action arose.
If you make any voluntary arrangement with your creditors or (being an individual or firm), becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes amalgamation or reconstruction), has a receiver, liquidator or administrator appointed over any of its property or assets, ceases, or threatens to cease, to carry on business, or if the Company reasonably believes that any of these events are about to occur in relation to you and notifies you accordingly, then without prejudice to any other available right or remedy, the Company shall be entitled to cancel the Contract or suspend any further deliveries without any liability to you, and if the Goods have been delivered, but not paid for, the price of the Goods shall become immediately due and payable in full notwithstanding any previous agreement or arrangement to the contrary.
24. ELECTRONIC DELIVERY POLICY
You agree that we may provide to you required notices, agreements and other information electronically as specified in these Website Conditions. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Website.
· 25.1 This Website is intended exclusively for residents of Nigeria. The Company makes no representations that materials in this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
· 25.2 The failure of the Company to exercise or enforce any right or provision of these Website Conditions will not constitute a waiver of such right or provision.
· 25.3 The Company may perform any of its obligations or exercise any of its rights hereunder by itself or where applicable through any other persons (legal or otherwise) or entities.
· 25.4 The Company may assign the Contract with you or sub-contract the whole, or any part thereof to any other person (legal or otherwise) or entity. Unless otherwise agreed in writing, you may not assign either the benefit or the burden of any Contract with the Company.
In these Website Conditions, except where the context otherwise requires
"Contract" means the contract for the purchase and sale of the Goods subject to the Website Conditions as constituted and evidenced by the Website Order and the Confirmation;
"Goods" means the products sold by the Company to you via the Website; to include tyres, exhausts, batteries, oil and filter changes, MOTs etc.
"Service" means the service provided by the Company for the sale of the 'Goods' to you using the Website and the provision of fitting services in respect of those tyres to your vehicle or vehicles;
"Website" means the Website published by the Company on the Internet with the http://www.zeplineering.com;
"Confirmation" means written email confirmation to you from us of our acceptance of the relevant Website Order;
"Website Order" means an order from you submitted to the Company through the Website by the ordering system set out on the Website.
© Zeplin Engineering Ltd 2012. All Rights Reserved