TERMS AND CONDITIONS
Welcome to our website-www.sales366.com
When we say “Sales366,” we mean Sales366 Online Ltd (including any subsidiaries that Sales366 Online Ltd may form or acquire in the future). We also refer to Sales366 as “we,” “us” and “our.” But when we say “Sales366 Entities,” we mean Sales366 and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
When we say “Sales366 Site,” we mean www.Sales366.com Content offered by or for Sales366 on or through www.Sales366.com and the systems, servers, and networks used to make the Sales366 Site available.
When we say “you” or “your” we mean any user (like you!) of any Sales366 Site.
When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text,
illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Sales366 Site
When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Sales366 Site
administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Sales366 Site through the tools offered by such social media platforms).
When we say “Materials,” we mean Content that Sales366 Entities
make available on or through the Sales366 Site.
You certify that the Content you provide on or through the Sales366 Site is accurate and that the information you provide on or through the Sales366 Site is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Sales366 is not responsible for any losses arising out of the unauthorized use of your account. You agree that Sales366 does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Sales366 Site. You agree that Sales366 is not a party to any such agreement, nor is Sales366 responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Sales366 Site or any portion of the Sales366 Site, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Sales366 Site or any portion of the Sales366 Site.
In connection with the Sales366 Site, you will not:
Make available any Content through or in connection with the Sales366 Site that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
Make available through or in connection with the Sales366 Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
Use the Sales366 Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Sales366 Site.
Interfere with or disrupt the operation of the Sales366 Site or the systems, servers, or networks used to make the Sales366 Site available, including by hacking or defacing any portion of the Sales366 Site; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Sales366 Site.
Reverse engineer, decompile, or disassemble any portion of the Sales366 Site, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark, or other proprietary rights notice from the Sales366 Site.
Frame or mirror any portion of the Sales366 Site, or otherwise incorporate any portion of the Sales366 Site into any product or service, unless you obtain Sales366’s express prior written consent to do so.
Systematically download and store any Materials.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Sales366 Site, without Sales366’s express prior written consent.
Cause injury to any person or entity.
You will not use the Sales366 Site or Sales366’s name, logo, or brand to
(1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or
(2) use any meta tags or other hidden text or metadata utilizing a Sales366 trademark, logo, URL, or product name without Sales366’s written consent;
Submitting Content and Ideas
Sales366 provides functionality that enables users to make available Content and Ideas in connection with the Sales366 Site. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any Sales366 Site. You represent and warrant that
Sales366’s Rights to Use Content and Ideas
You grant to Sales366 a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Sales366 is free to use any Ideas for any purpose. Sales366 may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Sales366 is, and will be, under no obligation
(1) to maintain any Content or Idea in confidence;
(2) to pay any compensation for any Content or Idea; or
(3) to respond to any Content or Idea. You grant to Sales366 the right to use any name associated with any Content or Idea that you make available to Sales366, although Sales366 has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
You agree that you will not make available Content in connection with the Sales366 Site that: is false, fraudulent, inaccurate, or misleading;
contains your full name(s), or any other confidential personally identifiable information of yourself or others;
violates any local, state, federal, or international laws or is otherwise tortious;
is protected by or would infringe on the rights of others (including Sales366), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
is obscene, indecent, pornographic, or otherwise objectionable;
is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Sales366 in its sole discretion;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
contains advertisements, solicitations, or spam links to other web Site or individuals, without prior written permission from Sales366;
contains or relates to chain letters or pyramid schemes;
impersonates another business, person, or entity, including Sales366, its related entities, employees, and agents; violates any policy posted on the Sales366 Site; or is intended to cause harm, damage, disable, or otherwise interfere with the Sales366 Site or our partners.
Sales366 and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Sales366 Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Sales366 Site, we would appreciate it if you let us know by contacting us at http://Sales366.com/contactus. (Your feedback is a big part of what helps Sales366 to get better at serving you!)
NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.
THE SALES366 ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
The Site may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Site). Such information and the availability of any Product are subject to change at any time without notice. We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only. We sell Products for children’s use; however, these Products are intended for sale to adults.
Sales366 has no liability to you for content on the Sales366 Site that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions. Sales366 is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Sales366 Entity, our advertisers, or other third parties to whose Site we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Sales366 Site, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the National Agency for Food and Drug Administration and Control and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Sales366’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements)
Order Acceptance and Billing
Sales366 may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.
Pricing Information; Availability
Sales366 cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Sales366 Site. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Sales366 reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Sales366. Sales366 may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Sales366 Site.
Some Products may be available for pick up at physical Sales366 pickup locations. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
You acknowledge that (a) goods licensed or sold on the Sales366 Site, and (b) any software or technology purchased, downloaded, or used from the Sales366 Site, are subject to the customs and export control laws and regulations of Nigeria and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws.
No license, right, title, or interest in the Sales366 Site or any Materials is transferred to you as a result of your use of the Sales366 Site or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Sales366 Site. The Sales366 Site and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Sales366 Site and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Sales366 Site and Materials is the exclusive property of Sales366 and is also protected by Nigerian and international copyright laws.
SALES366, the SALES366.COM names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Sales366 Site are trademarks or trade dress of Sales366 in Nigeria and other countries. All other marks are the property of their respective companies.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, SALES366 WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SALES366 SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A SALES366 ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SALES366 ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SALES366 SITE DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SALES366 ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE SALES366 SITE.
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.
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