Terms and Conditions

The following document (together with the documents referred to) contains the terms and conditions of use and the terms and conditions of sale/supply (the “Terms and Conditions”) of any of the products listed on our website: www.hermosamartng.com. This is a legal contract between you and Hermosamartng (“Hermosamartng, We, Us, Our, Website”). Please read the entire document carefully before using our website and/or ordering any product from us. By accessing, using and/or ordering a product from our website, you accept, without qualification or limitation, the following Terms and Conditions, our Returns Policy and our Privacy Policy and you acknowledge that any other agreements that may exist between you and Hermosamartng with respect to the following terms and conditions are superseded and of no force and effect.

Hermosamartng is a company incorporated under the Companies and Allied Matters Act, 1990 with registered office in Lagos Nigeria. If you have any questions, comments or suggestions,

Please send an email to support[at]hermosamartng.com.

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right to amend and update this Terms and Conditions at any time without notice to you. The most current version of the Terms and Conditions can be reviewed by clicking the “Terms and Conditions” hypertext link located at the bottom of our web pages. You are responsible for checking these Terms and Conditions periodically for changes. Each time you use the Website, you re-affirm your consent to the most recent Terms and Conditions

DEFINITION OF CONCEPT AND SERVICE DESCRIPTION

“Account” means the account that you will need to register for on the site if you would like to submit an order on the site;
“Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Nigeria;
“Customer” means individual who places an order on the site;
“Order” means the order submitted by you to the site to purchase a product from us;
“You” means the customer who places an order on the Website and any other person who visits/uses the Website.

TABLE OF CONTENTS

1. AGREEMENT TO TERMS

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PRODUCTS

6. PURCHASES AND PAYMENT

7. RETURN,EXCHANGES AND REFUND POLICY

8. CONFIRMATION/CANCELLATION OF ORDER

9. DELIVERY

10. PROHIBITED ACTIVITIES

11. USER GENERATED CONTRIBUTIONS

12. CONTRIBUTION LICENSE

13. GUIDELINES FOR REVIEWS

14. SUBMISSIONS

15. SITE MANAGEMENT

16. PRIVACY POLICY

17. TERM AND TERMINATION

18. MODIFICATIONS AND INTERRUPTIONS

19. GOVERNING LAW

20. DISPUTE RESOLUTION

21. CORRECTIONS

22. DISCLAIMER

23. LIMITATIONS OF LIABILITY

24. INDEMNIFICATION

25. USER DATA

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

27. MISCELLANEOUS

28. CONTACT US

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Herrmosamartng, doing business as Hermosamartng (“Hermosamartng”, “we”, “us”, or “our”), concerning your access to and use of the https:www.hermosamartng.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”).

We are registered in Nigeria and have our registered office at Lagos, Nigeria, Lagos, Nigeria 23401. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, 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 of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. 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 of Use by your continued use of the Site after the date such revised Terms of Use 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.

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

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 Nigeria, international copyright laws, 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, the Content and the Marks.

Intellectual Property without the written permission of Hermosamartng. Infringements will be subject to legal actions.

We respect the intellectual property right of others. Kindly contact us at support[at]hermosamartng.com if you feel that your work has been copied in a way that constitutes copyright infringement.

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 13;

(5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;

(6) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;

(7) 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).

(9)You may not use any data mining, automated scripts, bots, information gathering or other automated mechanisms while connected to the Website.

(10)You may not access our servers or internal computer systems, interfere in any way with the functionality of this Website, gather or alter any underlying software code.

(11) You agree to and understand that we use IP address logging and may use certain 3rd parties to verify your compliance with these terms.

(12)You agree that you have read and understood the content of our Privacy Policy.

(13) You may use the website for lawful purposes only. You may not submit or transmit through the website any information, content or material or otherwise engage in any conflict that:

violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortuous
impersonates any person, business or entity including Hermosamartng and its employees or agents
Encourages conduct that would constitute a criminal offense or give rise to civil liability.

*This list is non-exhaustive and similar actions are also strictly prohibited.

USER REGISTRATION

Certain services and features made available on the Website may require registration or subscription. Should you choose to register or subscribe for any such services or features, you agree:

to provide true, accurate, current and complete information about yourself as prompted by the registration or subscription form (such information being the “Registration Data”)
to maintain and promptly update the Registration Data to keep it true, accurate, current and complete
that Hermosamartng may terminate your account at any time without notice for any reason at its sole discretion.
that you are solely and exclusively responsible for maintaining the confidentiality of your password and user name, and you are solely and exclusively responsible for any and all activities that occur under your Account or through access gained by use of your password and user name.
You may not use anyone else’s Account at any time

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.

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT

We accept the following forms of payment:

-PAYSTACK

-BANK TRANSFER

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Naira.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We are determined to provide the most accurate pricing information on Our site but errors such as wrong pricing due to typographical error and/or cases when the price of an item is not displayed correctly on the Website/your browser may occur, hence we reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

USE OF VOUCHERS

We issue and accept the use of gift vouchers and promotional vouchers as payment for products on the Website. We may also issue vouchers as refund for items returned. You can assign your rights to use our vouchers to someone else. Our vouchers do not accrue interest and cannot be exchanged for cash.

Promotional vouchers can only be redeemed once and cannot be used in conjunction with other promotional vouchers. Individual brands may be excluded from voucher promotions. If the credit of a promotional voucher is more than the value of the product. You wish to purchase, no refund or residual credit will be returned to You. If the credit of a promotional voucher is insufficient for the order You wish to make, You can make up the difference through payment.

We reserve the right to withdraw or cancel our promotional vouchers at any time.

You may purchase gift vouchers for use on the Website by You or other customers. The gift vouchers will be sent by email. Gift vouchers cannot be used to purchase other gift vouchers. You can use as many gift vouchers as You wish to pay for an order and gift vouchers may be used with a promotional voucher.

We accept no liability for the loss, theft and illegibility of vouchers.

RETURN,EXCHANGES AND REFUND POLICY

All sales are final and We are unable to issue refunds, accept returns or exchange products due to change of mind or other reasons. With the exception of damaged, defective or incorrect items delivered by us, all sales are final.

If we deliver a damaged, defective or incorrect item, kindly Contact Us.

CONFIRMATION/CANCELLATION OF ORDER

When ordering a product form the Website, you will be prompted to and must register for a customer Account at checkout. You will then be shown (on the checkout page) the charges you must pay for receipt of the ordered product(s) and any applicable delivery charges. All prices are in Nigerian Naira and include VAT.

When You submit an order to the Website, You undertake that all details you provide to Us for the purpose of purchasing the product from Us will be correct and You agree that You do so subject to these Terms and Conditions current at the date You submit your order.

Both parties (You and Us) agree that an offer is only made once You have selected the item You intend to purchase and completed the checkout process and an order remains an offer until We change your order status to “Confirmed” or until You cancel your order. Before your order is confirmed, You may be asked to provide additional information, including but not limited to phone number and home address.

We shall not be obliged to deliver the product to You until we confirm your order. Unless expressly stated that your order status has been changed to “Confirmed”, any email, text messages or other acknowledgement of your order is purely for information purposes and does not constitute the confirmation of order.

We reserve the right to cancel any unconfirmed order or refuse to accept your offer for any reason and without any explanation.

The acceptance of an offer is only made when we confirm your order; we shall be legally bound to supply the product to You and if the preferred payment method We may cancel a confirmed order if the product is not available for any reason. If this is the case, We will notify You and return any payment that You have made.

If you discover an error (made by You) with your order after submitting it to us, please contact support[at]hermosamartng.com immediately. However, We cannot guarantee that We will be able to make corrections to your order in accordance with your instructions.

DELIVERY

We strive and aim to deliver goods to you within the estimated timeframes set out on the Website but we cannot guarantee any firm delivery dates. We shall aim to let You know if We are unable to meet the estimated delivery dates but We shall be under no liability for any loses, liabilities, damages, charges or expenses arising from late delivery or failure to deliver the product.

We only ship within Nigeria and You must sign our delivery note upon delivery of the product. You must ensure that You are ready for the safe receipt of the product at your delivery address without undue delay and at any time reasonably specified by Us. If you are not available to take delivery or collection, We may leave a card giving You instructions on either re-delivery or collection from the carrier and We reserve the right to charge You for our storage fee and other cost reasonably incurred by Us or cancel the applicable order in which case We will refund to You any money already paid to Us, less Our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fee).

You agree to inspect the product for any obvious faults, defects or damage before You sign for delivery.

It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made to fit any particular requirements that You may have.

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:

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.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

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.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

Use any information obtained from the Site in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use the Site in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Site.

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.

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.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of another user.

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”).

Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

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.

Use a buying agent or purchasing agent to make purchases on the Site.

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.

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.

Sell or otherwise transfer your profile.

Use the Site to advertise or offer to sell goods and services.

USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We 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 in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

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.

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.

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.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any third party.

Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

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 or the Marketplace Offerings 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 and the Marketplace Offerings.

We cannot guarantee the accuracy, integrity or quality of User Generated Content. We have the right (but not the obligation) in our sole discretion to refuse or remove any User Generated Content for any reason; including User Generated Content that may violate these Terms and Conditions, or that is otherwise objectionable. We also cannot take responsibility for anything that other users may do in reliance on the content You post in the Website.

Although we strive to maintain high standards for this Website, we are under no obligation to regularly monitor the accuracy or reliability of User Generated Content appearing on the Website. Notwithstanding the foregoing, we reserve the right to modify or remove any User Generated Content at any time. Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of Hermosamartng. Hermosamartng neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Website by anyone other than authorized Hermosamartng employees acting in their official capacities.

CONTRIBUTION LICENSE

You and Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

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.

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 in 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 review.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“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.

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 and the Marketplace Offerings.

PRIVACY POLICY

We care about data privacy and security. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in Nigeria. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Nigeria, then through your continued use of the Site, you are transferring your data to Nigeria, and you expressly consent to have your data transferred to and processed in Nigeria.

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 AND THE MARKETPLACE OFFERINGS (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 AND THE MARKETPLACE OFFERINGS 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

Herrmosamartng may discontinue, edit, delete or change any aspect of the website, including, but not limited to:

a) Restricting availability times
b) Restricting compatibility with certain computer software or hardware
c) Restricting amounts of use permitted
d) Removing or changing content, features, or material availability on the website
e) Restricting, suspending or terminating any user’s privilege to use the web site at Our sole discretion and without prior notice or liability.

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 Marketplace Offerings 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 or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings 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 or the Marketplace Offerings 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 or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These terms shall be governed by and defined following the laws of Nigeria. Herrmosamartng and yourself irrevocably consent that the courts of Nigeria shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least two (2) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be __________. The seat, or legal place, or arbitration shall be Lagos, Nigeria. The language of the proceedings shall be English. The governing law of the contract shall be substantive law of Nigeria.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, 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, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE __________ MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR __________. CERTAIN COUNTRY LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

In performing any obligation under these Terms and Conditions, Our only duty is to exercise reasonable care and skill.

Your sole and exclusive remedy for any dispute with Us is to discontinue your use of the Website.

Under no circumstances, including but not limited to negligence, shall Hermosamartng, its owners, operators, officers, directors, employees, affiliates or agents be liable to You for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from:

a) Use or inability to use Hermosamartng including without limitation use of or reliance on information available on Hermosamartng, interruptions, errors, defects, mistakes, omissions, deletion of files, delays in operation or transmission, non-delivery of information, disclosure of communicators, or any other failure of performance
b) Errors, mistakes, opinions, or inaccuracies with regards to information available on Hermosamartng
c) Any unauthorized access and use of Our secure servers and/or any and all personal information and/or financial information stored therein
d) Personal injury and/or property damage of any nature whatsoever, resulting from your use of the Website
e) Any interruptions or cessation of transmission to or from the website
f) Any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party
g) Any errors or omission in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the Website whether based on warranty, contract or any other legal theory, and whether or not Hermosamartng is advised of the possibility of such damages.

The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You should not rely on any information accessed using the site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.

CIRCUMSTANCES BEYOND OUR CONTROL

Both parties (You and Us) agree that we shall attach no liability for any breach, hindrance or delay in performance of a contract attributed to any cause beyond our reasonable control, including but not limited to any act of God, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainment of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.

Either You or Us shall be deemed to have terminated a contract in the event that the event of force majeure lasts for a period of seven working days or more, in which event neither You nor Us shall be liable to the other by reason of such termination (other than for the refund of a product already paid for by You and not delivered).

If We have contracted to provide identical or similar products to more than one customer and are prevented from fully meeting Our obligations to You by reason of an event of force majeure, We may decide at Our absolute discretion which contracts We will perform and to what extent.

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) use of the Site;

(2) breach of these Terms of Use;

(3) any breach of your representations and warranties set forth in these Terms of Use;

(4) your violation of the rights of a third party, including but not limited to intellectual property rights; or

(5) 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 performance of 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 or in respect to 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.

LIMITATION OF LIABILITY

In performing any obligation under these Terms and Conditions, Our only duty is to exercise reasonable care and skill.

Your sole and exclusive remedy for any dispute with Us is to discontinue your use of the Website.

The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

INTERNATIONAL USE

We make no representation that any content of the website is appropriate or available for use in locations outside Nigeria. Accessing the Website from other territories where the content is illegal is prohibited. If you choose to access the Website from a location outside Nigeria, You do so on your own initiative and You are responsible for compliance with local laws.

SEVERABILITY

If any part of these Terms and Conditions should be determined to be illegal, invalid or unenforceable by any court or tribunal in any state or country which these terms are intended to be effective then that part shall be severed and shall not affect the validity of the other parts of these Terms and Conditions which will survive, remain in full force and effect and continue to be binding and enforceable.

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:

Hermosamartng

Lagos, Nigeria

Lagos, Nigeria 23401

Nigeria.