Conditions of Use

SOROBAN TECHNOLOGIES LIMITED

CONDITIONS OF USE

 

1.     INTRODUCTION


You are on August Wish® (Augustwish.com), a trading website of Soroban Technologies Limited, we warmly welcome you. The “Conditions of Use” and other policies contained herein are applicable to this website, all of its divisions, its subsidiaries and affiliate sites which reference this same Conditions of Use. However, where a subsidiary or other “Soroban Technologies Limited” services, e.g., August Wish Mobile Application etc.,carry a different or contradictory Conditions of Use or such other policies,such other Conditions of Use or policies will override this one for that particular service.


Browsing, Accessing, Visiting or otherwise using the “site”, indicates your agreement to all the terms and conditions contained in this “AGREEMENT”.Please be informed that a defense of ignorance of facts contained in any part of this agreement will not be accepted and cannot be used as an excuse in any court of law or in a case of arbitration, HENCE, you are advised to read this agreement carefully.


The “Site”, August Wish®, Augustwish.com (or the Company, SOROBAN TECHNOLOGIES LIMITED) reserves the rights to change, modify, add or remove portions or the whole of these Conditions of Use at any time they wish to do so. Any such changes will be effective as soon as they are posted on the site, with no further notice given thereof of such modification or change.


Your continued use of the site after such change(s) has been posted on the site will be construed as the acceptance of those change(s).


 

2.     USE OF THE SITE


a.Accessing this site could only mean you are either at least 18 years of age and legally able to enter into a valid and binding contract under the Nigerian Law, or you are accessing this site under the guidance of your parent(s) or legal guardian.


b.If you have been able to satisfy the provision stated in (a) above, then we grant you a limited, non-exclusive, irrevocable and non-transferable license for the purpose of transacting on our website. This license is subject to withdrawal by us or on the valid order of a Government agency or a valid order of a Nigerian Law Court, or a breach of any of the clauses contained herein this agreement.

 

c.The use on behalf of a third party or the unauthorized commercial use of the above granted license is prohibited. The breach of this term shall result in an immediate revocation of the license granted without prior notice.


d.Contents provided on this site are solely for information purposes.

 

e.You (or the “End User”) may be required to register or subscribe for access to some available services and related features. Should you choose to register, or subscribe for any such services and related features, you agree to provide accurate and current information about yourself, and to promptly update such information if any change(s) arises.


f.Where you choose to register for such access please be informed that you are solely responsible for keeping your passwords and other account identifiers safe and secured. We will not bear any liability relating to the misuse or an unauthorized access of your account by a third party,whether authorized or otherwise by you.

 

g.Where you operate an account (like the one stated in (e) above) as an “End User” or a subscriber on the site, you are entirely responsible for all activities or transactions that occurs or that is carried out under such account or password. If there is any unauthorized use of your password or account, you are advised to inform us immediately. August Wish® will not be responsible or liable, directly or indirectly, for any loss or damage of any kind that occurs as a result or in connection to your failure to safeguard your password or account details properly.


h.Where you are an account holder or a subscriber (in relation to (e) above), you agree to receive promotional emails from “us” and “our” partners/content providers. However, you may choose to opt out of receiving such information.

 

 

3.     COPYRIGHT, AUTHORS’ RIGHTS AND DATABASE RIGHTS


a.All contents included or made available through any August Wish® services, such as texts, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Soroban Technologies Limited or its content suppliers or partners and it is protected by Nigerian and International Copyright, Authors’ rights and Database rights Laws. The compilation of all contents included in or made available through any of August Wish® is the exclusive property of Soroban Technologies Limited and is protected by Nigeria and International Copyright and Database rights Laws.


b. You may not extract and/or use or re-utilize the whole or parts of any content of August Wish® without “our” express written consent. In particular, you may not utilize any data mining robots, or similar data gathering and extraction tools to extract (whether once or severally) for use or re-utilization, any part substantial parts or any part of “our” contents without our express written consent.


c. You may also not create and/or publish your own database that features any substantial parts of August Wish® (including our prices and product listings) without our express written consent.


 

4.     TRADEMARKS


a. Graphics, logos, page headers, button icons, scripts and service names included in or made available through any “August Wish” service are either trademarks or trade dress of “Soroban Technologies Limited” or its content providers/partners. “August Wish’s” or its contents providers’/partners’ trademarks and trade dress may not be used in connection with any product or service that is not August Wish’s or its contents providers/partners, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Soroban Technologies Limited.


b. All other trademarks that are not owned by Soroban Technologies Limited that appear in any August Wish’s services are the property of their respective owners, who may or may not be affiliated with,connected to, or sponsored by Soroban Technologies Limited.


 

5.     LICENSE AND ACCESS


a. In furtherance to paragraph (b) under ‘USE OF THE SITE’, subject to your compliance with these Conditions of Use, and other applicable Terms and your payment of any applicable fees (if any), Soroban Technologies Limited or its contents providers grant you a limited, non-exclusive, non- transferable, non-sub licensable license to access and make personal and non-commercial use of the August Wish services.


b. This license does not include any resale or any commercial use of any “August Wish” services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any “August Wish” services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining robots or similar data gathering and extraction tools.


c.All rights not expressly granted to “you” in this Conditions of Use or other applicable Terms of August Wish are reserved and retained by Soroban Technologies Limited or its suppliers, publishers, licensors, rights holders or other contents providers.


d. No part of the services of August Wish may be reproduced, duplicated,copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our given written consent.


e. You may not frame or use framing technique to enclose any trademark,logo or other proprietary information (including images, texts, page layout, page header, or form) of August Wish without our given written consent.


f.You may not use any Meta tags or any other “hidden text” utilizing August Wish’s names or trademarks without our express written consent.


g. You may not misuse Soroban Technologies Limited’s services. You may use the services of Soroban Technologies Limited only as permitted by Law. The licenses granted to “you” terminates if you do not comply with these Conditions of Use or any other such applicable Terms.


 

6.     ELECTRONIC COMMUNICATIONS


a. When you make use of any of any of “our” services, or send emails to us,you are communicating with us electronically.We will communicate with you by email or by posting notices on the website or through other August Wish services, and you consent to this.


b. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


 

7.     COPYRIGHT COMPLAINTS


Soroban Technologies Limited respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please follow the below stated guidelines for making claims of copyright infringement;Submit to us a report in writing, stating the following information:

a. A physical signature of the person authorized to act on behalf of the owner of the copyright interest;


b. A description of the copyrighted work that you claim has been infringed upon;


c. A description of where the material that you claim is infringing is located on our site;


d.Your address, telephone number and email address.


e.An affidavit deposed to by you that you have a good-faith belief that the copyright owner, its agent, or the Law does not authorize the disputed use.


f.A declaration made under oath (could be inform of an affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.


Please forward your complaint to:


Legal Department,

Soroban Technologies Limited,

HSE 20, D’ Close

311 Road

Festac Town

Lagos

Please be informed that the procedure stated above is exclusively for notifying Soroban Technologies Limited that your copyrighted material has been infringed.


 

8.     REVIEWS, COMMENTS, COMMUNICATION AND OTHER CONTENTS


a. Visitors may post reviews, comments, and other contents; submit suggestions, ideas, feedback, comments, questions or other information;send e-cards, and other communications; as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, self-promotion messages, commercial solicitation, chain letters mass mailings or any form of spam.


b. You cannot use a false email address, impersonate person or entity, or (try) to mislead as to the origin of any content. We reserve the right, but cannot be compelled, to remove or edit all such contents.


c.If you have any reason to believe that any content on or advertised for sale on any August Wish services contains a defamatory statement, please notify us immediately, by writing to our legal department about such defamatory claim. We take such claims seriously, thus, we will respond as quickly as we can.


d. Anything you submit or post to the site and/or provide to us, including (but not limited) to reviews, comments, ideas, feedback, suggestions,questions and other communications, will become our property.


e. You grant us and our Sub-licensees and transferees a non-exclusive,royalty-free and fully Sub-licensable and transferable rights to use,reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any form of media.


f.You grant us and our sub-licensees and transferees the right to use the name you submit in connection with such content, if we (including our sub-licensees and transferees) choose to. No moral rights are assigned under this provision.


g. You warrant, agree and represent that you own or control all or the rights to use the content(s) you post on this site.


h. We will not be liable for any action for the use of any content you post on this site or any Soroban Technologies Limited services, whether by you or by third parties. You will bear such liability.


 

9.     OUR LIABILITY


a. We pledge to ensure that the availability of the August Wish services will be uninterrupted and that transmissions will be error-free. However, due to the sometime unpredictable nature of the Internet, we cannot guarantee uninterrupted and error-free transmissions.


b.Occasionally, your access to August Wish services may be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services and products.


c. We pledge to attempt to limit the frequency and duration of any such suspension or restrictions as stated in (b) above.


d. We will not be responsible for: (i) losses that were not caused by any breach on our part. (ii) Any business loss (including loss of profits,revenue, contracts, anticipated savings, data, goodwill or wasted expenditure. (iii) Any indirect or consequential losses that was not foreseeable to both you and us when you commenced using the August Wish services.


e.We will not be held responsible for any delay or failure to comply with our obligations under these conditions, of the delay or failure that arises from any cause that is beyond our reasonable control.


f. The condition stated in (e) above will not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.


e.Please be informed that nothing in these conditions will make use liable due to inability to read or understand English language.


 

10.     WAIVER


If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situations where you breach these Conditions of Use.