Introduction

For the purposes of this agreement, "WhoGoBuy" refers to 'WhoGoBuy Ltd', a registered Nigerian company with the Corporate Afairs Comission (CAC).

This Agreement constitutes the entire agreement between the Customer as an authorised user and WhoGoBuy Ltd. and by using WhoGoBuy's services, the Customer accepts, and agrees to be bound by, this Agreement.

Agreement to Terms and Conditions

This Agreement takes effect on the date on which the Customer first uses or tests services provided by WhoGoBuy or when the Customer pays for their services, whichever is the earliest.

From time to time, it will be necessary to update the terms and conditions and the Customer agrees to be bound by the new terms and conditions by their use of the system after the implementation date for them.

We reserve the right to impose immediate implementation of new terms and conditions where necessary for the protection of our computer system(s). Should the Customer find any new terms and conditions unacceptable, then the Customer will be granted a refund of any unexpired part of their subscription and the Customer agrees that, save for this refund, the Customer will not make any claims whatsoever for compensation in relation to the cancellation or withdrawal of their subscription.

The Customer is responsible for reviewing information regularly posted online in the terms and conditions pages.

Information Provided by the Customer

The Customer warrants that the name, address and payment information that the Customer provides when the Customer first uses any WhoGoBuy service is correct, and the Customer agrees to notify WhoGoBuy of any changes in name, address and/or payment details.

The Customer agrees that WhoGoBuy may disclose the Customer's name and address where there is any complaint about the content of the Customer's pages or in relation to goods or services advertised there.

The Customer warrants that they are at least 18 years of age and that they possess the legal right and ability to enter into this Agreement and to use WhoGoBuy's services in accordance with this Agreement.

The Customer agrees to be responsible for the use of WhoGoBuy and to comply with their responsibilities and obligations as stated in this Agreement.

Usage

WhoGoBuy will not monitor the contents of the Customer's pages. Files that the Customer uploads to their web pages are subject to withdrawal without notice by WhoGoBuy upon complaint about their content where WhoGoBuy at their sole discretion deem this necessary.

The Customer warrants the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) which they place on their web pages.

The Customer warrants that they are authorised to promote any information which they do so on their web pages (for example if the Customer is providing financial information, that they hold any necessary authorisation under the Financial Services Acts etc).

The Customer agrees to keep secure their WhoGoBuy identification, password and other confidential information relating to their account, if they have been supplied with such information. WhoGoBuy cannot guarantee that the system will never be infiltrated by unauthorised users. The Customer's data may not be secure against such infiltration and the Customer assumes that risk. If the Customer finds evidence of infiltration, please inform WhoGoBuy and steps will be taken both to try and prevent it and to notify the proper authorities.

The Customer is personally responsible for the use of their account and the secrecy of their password. If the Customer is a corporate user then the company is also responsible, together with the individual using the account. In addition, the Customer is deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged on by using the correct account ID and password. The Customer must also inform WhoGoBuy immediately if someone steals their password or if they find someone else is using their ID. The Customer agrees to co-operate with WhoGoBuy and the police concerning any legal action taken arising from the misuse of the Customer's account by anyone else.

The Customer is entirely responsible for the content of their web pages. The Customer may not, under any circumstances, use WhoGoBuy to do any of the following:

• publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information;
• threaten, harass, stalk, abuse, disrupt or otherwise violate the legal rights (including rights of privacy and publicity) of others;
• engage in illegal or unlawful activities;
• make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the Customer owns or controls the rights thereto or have received all necessary consents;
• make available / upload files that contain a computer virus or corrupted data;
• falsify the source or origin of software or other material contained in a file that the Customer makes available on their web pages;
• act, or fail to act, in the Customer's use of the web pages, in a manner that is contrary to applicable law or regulation. The Customer is entirely responsible for any civil or criminal liability which is incurred as a result of their use of the web pages.

If the Customer posts a defamatory/libelous message, it is the Customer that publishes it and the Customer who will be liable for the consequences of it. The Customer will also be liable for WhoGoBuy's reasonable legal costs incurred in defending any defamation or libel action caused by the Customer's page content and the Customer agrees to indemnify WhoGoBuy for any damages which are awarded against WhoGoBuy by a court of law or which WhoGoBuy pays as a result of settling such an action upon Counsel's advice.

The WhoGoBuy network may only be used for lawful purposes by the Customer. The Customer acknowledges that WhoGoBuy is unable to exercise control over the content of the information passing over the WhoGoBuy connection, and WhoGoBuy shall not be liable for any posting, transmission or reception of information which infringes any Nigerian law or regulation or which infringes any third party rights. Such posting, transmission or reception is strictly prohibited. WhoGoBuy cannot guarantee the availability of the service and reserves the right to suspend or terminate the service at any time.

Termination

WhoGoBuy may terminate the Customer's subscription at any time, with or without cause, upon reasonable notice.

Where WhoGoBuy terminates the Customer's subscription with cause, or the Customer terminates their subscription, the Customer will not be entitled to any refund of any unused part of their subscription.

For the transfer of a domain name hosted with WhoGoBuy to another internet service provider an administartion charge of N20,000 will be levied, which must be paid before the transfer is completed. WhoGoBuy expressly reserves the right to terminate or suspend the Customer's subscription without prior notice should the Customer fail to comply with these Terms and Conditions or fail to pay an invoice in full as in the stated payment terms as displayed on the invoice or should WhoGoBuy deem such action necessary to protect WhoGoBuy and in such circumstances WhoGoBuy will confirm such termination or suspension by subsequent notice.

Save for any refund of unused parts of the subscription as above, the Customer will not be entitled to any compensation whatsoever in the circumstances of termination and WhoGoBuy will not be liable for any consequential loss whatsoever in relation to termination of the Customer's account in any circumstances. After termination of the Customer's account, WhoGoBuy may, if they deem it applicable, at their sole discretion, post a redirection to any new URL should the Customer desire this.

Use of Material for Advertising

WhoGoBuy will not distribute web pages outside WhoGoBuy without the subscribers consent but may include information about them in promotional materials and advertising and may make such information available to third parties for promotional or advertising purposes and the Customer agrees that files which they have uploaded to WhoGoBuy may be used in such manner and for such purposes.

Charges

The Customer agrees to pay all charges for their use of WhoGoBuy hosting services at the prices in effect at the beginning of their subscription period or the anniversary thereof. In some cases, an administration charge may apply.

All web pages, scripts, databases, graphics or other digital products created by WhoGoBuy remains the property of WhoGoBuy until payment for such products is received in full. In certain circumstances WhoGoBuy will allow the customer to have an agreement to use a script owned by WhoGoBuy whilst the customer remains hosted on WhoGoBuy servers.

Payment terms are strictly 30 days except payments for domain name registrations which must be paid for in advance of WhoGoBuy making the registration. WhoGoBuy reserve the right to remove digital content from the Customer's web space or suspend or cease any of the services which coincide with the domain or hosting of the domain (these include email forwarding, web server statistics and FTP access) if payment is not received during this time.

For the transfer of a domain name hosted with WhoGoBuy to another internet service provider an administration charge of N20,000 will be levied, which must be paid before before the transfer is completed. WhoGoBuy reserves the right to change prices or institute new charges for use of WhoGoBuy at any time.

Any prices agreed through a formal quotation are valid for 30 days from the date of that quotation.

Refunds

Refunds will be given solely at the discretion of the Company Management.

Advertising on a WhoGoBuy hosted web site

If the Customer advertises or offers to sell goods or services via their web pages, they undertake to provide goods in conformity with any description and warranties made. The Customer agrees to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts etc.. If the Customer is advertising goods in the course of a trade or business this must clearly be so stated.

Exclusion of Warranties and Limitation of Liability

WhoGoBuy and all WhoGoBuy services are provided "as is," and WhoGoBuy make no express or implied representations or warranties to the Customer regarding the usability, condition or operation thereof. WhoGoBuy will at all times use best endeavours to attempt to maintain an uninterrupted and error-free service, however WhoGoBuy make no representations or warranties regarding the services provided by them and do not warrant that use of WhoGoBuy will be uninterrupted or error-free, or that WhoGoBuy services will meet any particular criteria of performance or quality. WhoGoBuy will at all times use best endeavours to attempt to maintain and safeguard the Customer's data on its system however WhoGoBuy accept no responsibility for any loss or damage to data or the loss thereof. WhoGoBuy expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.

The Customer's use of WhoGoBuy services is at their own risk. The Customer accepts full responsibility for such use and the risk of any loss resulting from their use of the system and the content of their pages. The Customer also accepts full responsibility for safeguarding their own data.

Notwithstanding contrary clauses in this Agreement, in the event that WhoGoBuy are deemed liable to the Customer for breach of this Agreement, the Customer agrees that WhoGoBuy's liability is limited to the amount actually paid by the Customer for their subscription or service. The Customer hereby releases WhoGoBuy from any and all obligations, liabilities and claims in excess of this limitation.

Responsibility

We are not responsible for anything posted on the system (except by one of our staff) and the Customer agrees by using the system that WhoGoBuy will not be liable for any possible damages or losses incurred in connection with the use of the system, even if WhoGoBuy have been advised of this possibility and the Customer hereby waives any claims with respect thereto and the Customer agrees to indemnify WhoGoBuy and hold WhoGoBuy harmless from and against any and all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable legal defence and other legal costs) incurred as a result of the Customer's actions on the system or materials or information transmitted by the Customer in connection with the system. This means the Customer may have to pay WhoGoBuy where claims are made against us or our system by other callers or third parties.

The Customer agrees to indemnify WhoGoBuy from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to the use of the Customer's web pages, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever. WhoGoBuy will notify the Customer promptly of any claim for which WhoGoBuy seeks indemnification at the currently supplied address. WhoGoBuy will afford the Customer the opportunity to participate in the defence of such claim, provided that the Customer's participation will not be conducted in a manner prejudicial to WhoGoBuy's interests, as reasonably determined by WhoGoBuy and/or their lawyers.

Notices to WhoGoBuy may be sent by the Customer to WhoGoBuy's electronic-mail address, This e-mail address is being protected from spambots. You need JavaScript enabled to view it , or conventional mail and must be confirmed via conventional mail.

General Terms and Law

WhoGoBuy reserves the right to do normal system housekeeping such as creating back-ups AND do not accept responsibility for ensuring back up works - the Customer's data security is their own responsibility. WhoGoBuy cannot guarantee that any Search Engine will index or list any web pages or web sites that are submitted to them by WhoGoBuy. WhoGoBuy cannot guarantee that the customer will receive any email, online orders, bookings, visitors, and so forth to their web pages or web site.

If WhoGoBuy suspect illegal activity, we may notify the authorities and reserve the right to do anything on the system deemed necessary to protect our system.

The Customer acknowledge that no joint venture, partnership, employment, or agency relationship exists between the Customer and WhoGoBuy as a result of their use of WhoGoBuy. The Customer agrees not to hold themselves out as a representative, agent or employee of WhoGoBuy. The Customer agrees that WhoGoBuy will not be liable by reason of any representation, act or omission to act by the Customer.

WhoGoBuy's performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of WhoGoBuy's right to comply with law enforcement requests or requirements relating to a Customer's use of WhoGoBuy or information provided to or gathered by WhoGoBuy with respect to such use.

Severability

If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).

Entire Agreement

This Agreement constitutes the entire agreement between WhoGoBuy and the Customer with respect to the Customer's use of WhoGoBuy and the WhoGoBuy subscription and services, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between WhoGoBuy and the Customer with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement.