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terms&conditions

Introduction

Welcome to the toastnaija.com website (the “Site”). These Terms & Conditions apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms & Conditions.

The Site reserves the right, to change, modify, add, or remove portions of both the Terms & Conditions of Use and the Terms & Conditions of Services at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms & Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms & Conditions constitutes your acceptance of those changes. Kindly review the Terms & Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms & Conditions without modification.

You agree that if you are unsure of the meaning of any part of these Terms & Conditions or have any questions regarding the Terms & Conditions, you will not hesitate to contact us for clarification. These Terms & Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.

Terms of use

TOASTNAIJA’s mission is to build a community of reinforced relationship, ensure repeat and referral business by prioritizing satisfaction at the highest level, ensuring quality and timeliness of service delivery, while providing comfort, trust and simplicity. This platform enables any event related businesses to get registered and find clients for their services. We try as much as possible to make this a platform of value and economical exchange for clients and our registered vendors, and as such we create a couple of rules to keep the platform and services safe for all. Furthermore, this terms apply to all activities carried out on TOASTNAIJA.

Once you are registered on the TOASTNAIJA platform, it is believed that you also agree to the Vendor Terms. We also provide details regarding the processing of personal data of our vendors and clients in our Privacy Policy.

Use of the Website

Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use & Sale. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.

We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of Use, for such things as: hiring of vendors and exploring services available on the site, gathering prior information regarding our services and booking. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. These Terms & Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited. Any breach of these Terms & Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.

Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

You may not access or use the services or create an account for unlawful purposes. If we are put on notice that your services violates the law or the rights of others; For example, if it is established that it violates intellectual property or image rights of others, or about an illegal activity, if we discover that your services and behavior on our platform violates our Trust & Safety Guidelines, or if we believe your services or behavior is unlawful, inappropriate, or objectionable (for example you impersonating someone else), we may remove your account from our platform. TOASTNAIJA complies with copyright laws. Check out relevant pages of this website for more information.

TOASTNAIJA uses discretion in enforcing Terms and the Trust & Safety Guildelines. Acting as the Central Authority, we have the right to terminate or suspend your permission to use our platform and Services or ban your account completely at any time, with or without notice, for any or no reason, including for any violation of these Terms. By getting registered on this platform, you agree that we have no liability to you or any third party for termination of your account, removal of your services, or blocking of your access to our platforms and services.

If one of our vendors has published anything that infringes your copyright or trademark rights, please let us know. Our Vendor Terms require our vendors to abide by the law and respect the intellectual property rights of others. Please refer to the notice of copywrite infringement section of this website for more information on how to file copywrite claims.

Performing certain operations like (dealing with vendors) without the consent of TOASTNAIJA is totally at the risk of both parties, and as such TOASTNAIJA won’t be liable for any loss due to fraudulent practices, poor service delivery, disappointment etc. If notified of any such behavior, TOASTNAIJA may terminate, and upon any such termination delete your account and services, and may prevent you from further access to the platforms and use of our services. Therefore, for your own safety, ensure that every dealing should be on this platform where TOASTNAIJA can effectively monitor and ensure your expectations are met in a timely manner.

To make sure the platform is mutual benefiting for all users, TOASTNAIJA monitors all activities carried out on the platform. Also, with the help of a third-party payment system, we will be able to effectively manage and enforce the exchange of value, thereby ensuring that users are afforded the quality they deserve.

Certain services and related features that may be made available on the Site may require registration or payment of commission on every job undertaken or gotten through the site to TOASTNAIJA, and we reserve the right to use this commission as we see fit. Being a registered vendor on this platform, it is believed you have agreed to these terms. Refer to the Vendor Terms and Payment & Pricing section of this website for MORE INFORMATION.

Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.

 

Other Terms & Condition of Use includes;

Uploading Content to our Site

Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the content standards contained in our Terms & Condition of Use.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty, which means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Site.

We have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the content standards set out in our Terms & Condition of Use.

The views expressed by other users on the Site do not represent our views or values.

 

User Submissions

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.

You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

By completing a booking or signing up, you agree to receive a) emails associated with finalizing your booking, order or bargain, which may contain relevant offers from third parties, and b) emails asking you to review Toastnaija and your booking or hire and c) promotional emails, SMS and push notifications from Toastnaija. You may unsubscribe from promotional emails via a link provided in each email. If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, please contact ToastNaija Customer Service by email.

 

Information Available on Website

You accept that the information contained in this website is provided as is, where is, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.

Service representations expressed on this Site are those of the vendors and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and  may  not reflect our  opinions. We make no representations as to the merchantability of any services or products listed on our website, and we hereby disclaim all assurance, whether express or implied, as to the merchantability and/or fitness of the services and/or products listed on our website for any particular purpose.

We shall not be held responsible or made liable for any damages or injury which may arise as a result of any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure and defect in the information, content, materials, software or other services included on or otherwise made available through our Website. We understand that certain state laws do not allow limitations on implied warranties or limitation of certain damages, these disclaimers may therefore not apply where these laws are applicable.

 

Accessibility of Website

Our aim is to ensure accessibility to the website at all times; however, we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

 

Viruses

We make every effort to scan and remove malware everyday but we do not absolutely guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which any part of the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence . We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

 

Third Party Links and Resources in our websites

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Our inclusion of links to other third-party sites/ resources does not imply our endorsement of the material contained on such websites or of the third parties themselves.

We may include links to third party websites at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.

In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.
Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.

 

Intellectual Property

Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.

Any unauthorized use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

 

Data Protection

Any personal information collected in relation to the use of this website will be held and used in accordant with our Privacy Policy, which is available on our Site. Toastnaija stores the address and might use it for commercial purposes.

 

Indemnity

You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms of Use and User Agreement.

 

Applicable Law and Jurisdiction

These Terms and Conditions of Use shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.

 

Arbitration

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.

The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

 

Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any or all of your rights granted under the Terms and Conditions of Use.

Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.

If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of ToastNaija in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

 

Severability

If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.

 

Miscellaneous Provisions

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.

Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the vendor.

We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.

Prohibited Activities

Rights, titles, and interests in and to the TOASTNAIJA platform and services, including our website, our existing or future applications, our APIs, databases, and the contents our employees or partners submit or provide through our services (but excluding content or services provided by our listed vendors and clients) are and will remain the exclusive property of TOASTNAIJA and its licensors. Our platforms and services are protected by copyright, trademark, and laws of the Federal Republic of Nigeria. You have no right to use the TOASTNAIJA name or any of the TOASTNAIJA trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding TOASTNAIJA and our services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

The following are rules to abide by while accessing or using the TOASTNAIJA platform and services:

 

  1. Do not disable, interfere with, or try to circumvent any of the features of the platforms related to security, scan, or test the vulnerability of any of our systems.
  2. Do not access, tamper with, or use non-public areas of the platform (including the content storage), TOASTNAIJA computer systems, or the technical delivery systems of TOASTNAIJA service providers.
  3. Do not in any way use the services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as TOASTNAIJA); or interfere with, or disrupt, (or attempting to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the services.
  4. Do not access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access our services.
  5. Do not copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the TOASTNAIJA platform or services.

Terms and Conditions of Sale

You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. You agree that if you are unsure of the meaning of any part of the Terms and Conditions of Sale, you will not hesitate to contact us for clarification prior to making a purchase or booking.

These Terms and Conditions of Sale fully govern the sale of goods and services purchased and hired on this Site. No extrinsic evidence, whether oral or written, will be incorporated.

 

Formation of Contract

Both parties agree that browsing the website and gathering information regarding the services provided by the vendor does not constitute an offer to sell (render service), but merely an invitation to treat. The parties accept that an offer is only made once you have selected the vendor or item you intend to hire or purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.

Both parties agree that the acceptance of the offer is not made when the seller (vendors) contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product or the service is completely rendered to you and inform you either by email or by phone of the dispatch of your ordered product. Before your order or booking is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

Please note that there are cases when an order or booking cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order or booking for any reason at any given time.

 

Acceptance of Electronic Documents

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.

 

Payment and Pricing

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item or a vendor is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the services.

 

Liability of Parties on the ToastNaija Marketplace and listing

We operate a marketplace which is open for third-parties to display services  relating to events on our website. None of the services listed on the ToastNaija Marketplace are owned by us, neither are we involved in the actual sale transaction between the buyers and sellers on the ToastNaija Marketplace.
The vendors and hosts agree that we would be held free from any liability in contract, pre-contract or other representations in tort, for all transactions conducted on the ToastNaija Marketplace.

 

Delivery

This Site is only for delivery of services to customers within Nigeria. We make every effort to render services within the estimated timescales set out on our Site; however, delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the services within the estimated timescales where they did not occur due to our fault or negligence.

You agree not to hold the seller(vendor) liable for any delay or failure to deliver products (service) or otherwise perform any obligation as specified in these Terms & Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.

 

Indemnity

You agree to indemnify us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions of Sale.

 

Applicable Law and Jurisdiction

These Terms and Conditions of Sale shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.

 

Arbitration

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Sale will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.

The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

 

Severability

If any portion of these Terms or Conditions of Sale is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Sale and shall not affect the validity or enforceability of any other section listed in this document.

 

Miscellaneous Provisions

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.

Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Sale to any third party is prohibited unless agreed upon in writing by the seller (vendors).

We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Sale to any third party.

 

Notice of Copyright Infringement

If you have any complaints with respect to the infringement of your copyright, kindly write to the following address: ToastNaija Nigeria, 29 olutomisin Idrees street, lucky fiber Ikorodu, Lagos.

Where you believe that your intellectual property has been infringed upon on our website, please notify us by email it to (insert physical address and email address for copyright complaints). We expeditiously respond to all concerns regarding copyright infringements.

We request that you provide the following information along with your complaint:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work for the purposes of the complaint.
  • A proper description of the copyrighted work claimed to have been infringed.
  • A description of the location of the infringing material on our Website.
  • The address, telephone number or e-mail address of the complaining party.
  • A statement made by the complaining party that he has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or by law.
  • A statement deposed to under oath, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the copyright owner. Please note that this procedure is exclusively for notifying ToastNaija that your copyrighted material has been infringed.
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