You must be at least 16 years old in order to use the Services provided by http://nairaref.com website;
You must provide your working email address as well as any other necessary information in order to complete the registration process;
You and only you are responsible for keeping your password safe. Nairaref disclaims all responsibility for any kind of material losses or damage caused by you not being able to keep your account and password safe;
If you found out about an illegal or unauthorized use of your password or account, you accept that you will inform Nairaref about it using email without delay; therefore, you accept your responsibility and liability for all actions taken using your account;
You agree that you shall not use the Services provided by Nairaref for any kind of unauthorized or unlawful activity or objective as well as for anything that goes against your country’s legislation;
You and only you are responsible for any kind of content uploaded by you to the Website, including but not limited to images, data, graphics, and links, and guarantee that you hold the rights for the applicable use of the content you upload to the Website;
You shall not upload or use any kind of malware, viruses, or destructive code to the Website;
Breach to comply with these conditions, the fact of which will be considered to the discretion of Nairaref, will lead to the termination of use of the Website by you.
1. SUBJECT OF CONTRACT
1.1. Subject to the terms of this Agreement, the Contractor shall provide the Customer with the Services of using the software product located on http://nairaref.com website, thereafter the Website, which includes: creating of the member’s area and placing of orders for purchasing goods on the Website with their further purchase from third parties and sale to third parties, thereafter the Services, for their recycling and further sale as well as payment services using electronic payment systems that include peering systems.
1.2. Payments for the goods purchased from third parties using the Website are performed solely between the Contractor and the third parties. In cases when nairaref acts as the agent, supplier, buyer, or supplier and/or buyer’s agent of the Contractor, these relationships shall be governed by the separate agreement.
2. CONTRACTOR’S RESPONSIBILITIES AND RIGHTS
2.1. Subject to the terms of this Agreement, the Contractor shall:
2.1.1 Register the data of the Customer on http://nairaref.com website and provide the Customer with recommendations on using the member’s area and placing orders;
2.1.2 Provide the Customer with constant consulting services on using the software product.
2.2. The Contractor has the right to:
2.2.1. Refuse to provide the Customer with the Services stipulated in Section 1.1 of this Agreement in case if the Customer fails to fulfill or fulfills the terms of the Agreement improperly;
2.2.3. Control the fulfillment of the responsibilities of the Customer which are contained herein.
3. CUSTOMER’S RESPONSIBILITIES AND RIGHTS
3.1. The Customer shall:
3.1.2. Make payments for the Services provided by the Contractor in due time according to the conditions and the amount stipulated in Section 4 of this Agreement;
3.1.3. Appoint and notify the Contractor about their lawful representatives, if any, who are responsible for using the software product.
3.2. The Customer has the right to:
3.2.1. Control the fulfillment of the responsibilities of the Contractor contained herein;
3.2.2. Receive consultative support from the Contractor on requests sent to the email of the Contractor.
4. FINANCIAL RELATIONSHIPS
4.1. Fee of the Services that the Contractor provides to the Customer is defined in accordance with the analytical data located on the website percentage wise to the amount of all goods sold by the Customer and amounts to 50%.
4.2. Payment for the services subject to this Agreement is made together with the payment for the amount of goods sold by the Customer in non-cash form via deducting it from the amount of payment due to be paid to the Customer. If such deduction cannot be made, then the payment for the services shall be made within five business days after the Customer received the payment request from the Contractor.
4.3. Subsequent to the results of the provided Services, a delivery acceptance certificate may be made, thereafter the Certificate. In case of non-signing of the Certificate by the Customer within 3 business days of the date of its receipt and non-receipt of the reasonable refusal of the Customer within this term, the Certificate will be considered signed and the Services will be considered provided in its entirety by the Contractor subject to the terms of this Agreement.
4.4. In case of provision of extra services by the Contractor, the final calculations are made by the Customer subject to the additional agreement.
4.5. The Contractor reserves the right to make amendments in the pricing policy via publishing the updated pricing information to the Website and/or informing the Customer about it using email.
4.6. Every Party bears responsibility for complying with the requirements of the tax code and, on the ground of the mutually beneficial cooperation, shall consult each other and third parties in order to be law-abiding taxpayers and assist each other with executing respective documents if necessary.
4.7. Subject to this Agreement the Contractor shall not be held responsible for cooperation of the Customer with suppliers and purchasers using the Website, does not control fulfillment of any kind of deals and agreements, intended use of the funds, or settle any kind of disputes or inconsistencies. The Contractor uses the services of third parties such as banks, electronic payment systems, and financial institutions and so on, for purposes of collecting the funds and therefore shall not be held responsible for provision of these services by third parties, but still shall do everything in their power so that the Customer receives these services. The Contractor cannot influence the pricing policy of payment systems and thus the Customer shall independently choose to use the services of one of the available payment systems and receive necessary data from the information sources of the corresponding payment systems and banks on his or her own.
5. LIABILITY OF THE PARTIES
5.1. The Parties bear responsibility in cases and subject to the legislation in effect of the Republic of Poland.
5.2. The Parties bear responsibility subject to the legislation in effect of the Republic of Poland for non-fulfillment or inadequate fulfillment of the stipulations of this Agreement. Breach of obligation is its non-fulfillment or inadequate fulfillment, which is fulfillment with a breach of the conditions stipulated herein.
5.3. The Party shall be considered guiltless if he or she can prove that all necessary means for compliance with the obligations have been undertaken.
5.4. Payment of the fee or commission subject to this Agreement of the legislation of the Republic of Poland does not release the Parties from the responsibility of fulfillment of obligation incumbent on them subject to this Agreement.
5.5. In case of a delayed payment by the Customer subject to this Agreement, the Customer shall pay daily default interest of 0,1% from the amount of the total delayed liability.
5.6. Neither of the Parties shall be held responsible for non-fulfillment of the liabilities subject to this Agreement if the non-fulfillment fact is due to force-majeure circumstances like the state of emergency, act of God as well as other circumstances beyond one's reasonable control. These circumstances shall be confirmed by the competent government body.
5.7. In case of inability to provide the Services ordered by the Customer due to the long-time technical failure, the Contractor reserves the right to terminate the Agreement without delay damages.
6. SETTLEMENT OF DISPUTES
6.1. Disputes that may appear in the process of execution of this Agreement shall be settled through negotiations between the Parties.
6.2. All possible complaints associated with this Agreement shall be considered by the Parties in accordance with the legislation of the Republic of Poland.
6.3. Disputes that were not settled by the Parties shall be settled through judicial procedures in accordance with the court jurisdiction in accordance with the current material and procedural law of the Republic of Poland.
6.4. The Contractor is neither a court nor board of arbitration and does not participate in settlement of any kind of disputes between the Customers, reserving the right to collect necessary information about the appeared disputes.
7. CONTRACT PERIOD AND TERMINATION
7.1. This Agreement takes effect upon registration of the Customer on the Website, which is joining this public Agreement in the form of a written electronic document and remains effective during the use of the Service by the Customer. Upon completion of the registration process, the Customer shall become one of the Parties of this Agreement and hold liability to comply with the requirements stipulated herein. If the Customer registers on the Website on behalf of any other private or legal person, the Customer shall claim and guarantee that he or she has full powers and rights to accept the liability stipulated herein on behalf of these third parties.
7.2. The Customer does not have the right to delegate his or her rights or liabilities that are subject to this Agreement to any third party without receiving prior written consent from the Contractor.
7.3. For purposes of the execution of this Agreement, the Parties shall exchange information associated with the mutual interests as well as provide consulting services to each other if necessary.
7.4. The Customer or the Contractor has the right to terminate this Agreement any moment due to any reason by informing the other Party about this. The Contractor has the right to terminate the provision of the Services to the Customer any moment with or without indicating the causes of the termination. If the Customer does not use his or her account during 12 months, his or her account will become inactive and may be deleted beyond retrieve together with all data associated with the account.
8.1. The Parties agree that they understand the meaning and wording of this Agreement and sign it voluntarily and on the grounds of mutual understanding.
8.2. The Customer gives his or her consent for processing of his or her personal information in accordance with the requirement of the legislation of the Republic of Nigeria upon signing this Agreement.
8.3. Disputes that may or may not appear during the execution of this Agreement and that are not governed by this Agreement shall be settled subject to the current legislation of the Republic of Nigeria.
8.4. The Customer shall respect the rights of the Contractor over the Website and the software program used for provision of the Services to the Customer (patents, trademarks and service marks, graphics, and copyright rights). The Customer shall receive consent of the Contractor and coordinate all conditions with the Contractor if he or she wants to use the rights of the Contractor by contacting the Contractor using the information located on the contact page of the Website. The Contractor provides the Customer with personal, global, royalty-free, non-assignable, and non-exclusive license for using the content provided to the Customer by the Contractor as part of the Services. This one-purpose license gives the Customer a possibility to use the Services as it is accepted by the Contractor in accordance with this Agreement. Usage, reproduction, alteration, dissemination, or storing of any part of the Services, including any kind of content, for any other purposes than personal or non-commercial use, is prohibited if the prior written consent of the Contractor was not given to the Customer. The Customer does not have the right, and does not have the right to allow it to any third party, to copy, alter, create derivative works, decode the technology, decompile, or receive the original code of any part of the Service in any possible way without the prior written consent of the Contractor. If the Contractor did not give this kind of prior written consent, it shall mean that the Customer cannot transfer the rights for the usage of the Services to himself or herself, neither to sublicense it, provide rights for the usage of the Services, or any other way transfer any kind of rights for usage of the Services or the liabilities associated with the Services.
8.5. If the Customer becomes aware of a possible breach to comply with this Agreement by anyone, the Customer may or may not inform the Contractor about this fact depending on his or her interest in the collaboration.
8.6. The Customer may link to any page of the Website granted that it will be lawful and will not harm the reputation of the Contractor. For any kind of usage of the materials of the Website, please get in touch with nairaref using the contact information located on the contact page on the Website.
8.7. Every stipulation in this Agreement is effective and in case of any disputes about any of the stipulations of this Agreement, all other stipulations will remain effective.