[vc_row][vc_column][vc_single_image image=”7030″ img_size=”full” onclick=”custom_link” link=”https://koolxpress.com/user-agreement”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
- Acceptance of Terms
Koolxpress reserves the right, at its sole discretion, to change, add or remove terms in this Agreement at any time. Changes will be effective immediately. For material changes to this Agreement, we will provide you with 30 days’ notice on Koolxpress.com before any amendment becomes effective. It is your responsibility to check this Agreement each time before using the Services so you are aware of any changes, as they are binding on you. Your continued use of the Services following the posting of changes constitutes your acceptance of the amended terms. This Agreement may not otherwise be amended except through mutual agreement by you and a Koolxpress representative who is authorized to and expressly states the intention to amend this Agreement.
A.User Account. In order to use the Services you will be required to set up a user account by clicking “My-Account” page. You are responsible for maintaining the confidentiality of your User Account information, including your password, and for all activity that occurs under your User Account. You agree to notify us immediately of any unauthorized use of your account or password, or of any other breach of security. You may be held liable for losses incurred by Koolxpress or by any other user of the Services due to someone else using your password or User Account.
You may not use anyone else’s password or customer account at any time. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration and/or checkout processes. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
B. Prohibited Conduct.While using or accessing the Services you agree not to:
i. Post content or items in inappropriate categories or areas on our sites;
ii.Violate any laws, third party rights, or our policies;
iii.Use our Services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;
iv. Fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid or elect to purchase, a clear typographical error is determined to be present by a Koolxpress agent, or you cannot authenticate the seller’s identity;
v. Manipulate the price of any item or interfere with other user’s listings;
vi. Post false, inaccurate, misleading, defamatory, libelous, discriminatory, harassing, threatening, or abusive content;
vii. Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from Koolxpress.com websites or using it for purposes unrelated to Koolxpress.com);
viii. Transfer your Koolxpress.com account (including feedback) and User ID to another party without our express, written consent;
ix. Distribute or post spam, chain letters, or pyramid schemes;
x. Distribute viruses or any other technologies that may harm Koolxpress.com, or the interests or property of Koolxpress.com users;
xiCopy, modify, or distribute content from our sites; or
xii. Collect or post personal information about users, including email addresses, without their consent.
C. Taxes. You agree that you and vendor are responsible for determining the amount of sales, use or other taxes that you may owe as a result of purchases you make.
(a) that Koolxpress has no responsibility to collect, report or remit sales, use or any other applicable taxes in connection with your purchase, unless Koolxpress is selling the product as a Merchant (the “Item Details” page will clearly display Koolxpress as the vendor when Koolxpress is the Merchant), and
(b) to fully indemnify, defend and hold Koolxpress harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing.
D. Payment. When you make a purchase on Koolxpress.com, you are purchasing the product from an independent vendor and not from Koolxpress unless Koolxpress is selling the product as a Merchant. You agree that Koolxpress is not an agent for you or for the seller and has no authority to act on your or on a seller’s behalf. Payments are handled directly between you and the seller. In rare cases, a vendor may need to cancel your order. In such cases, a full refund will be applied and you will be notified of the cancellation. Koolxpress holds its vendors to strict standards and strives to ensure that all orders are processed and shipped.
E. Shipment. Shipment of the products you purchase on Koolxpress.com are made by the vendor and not Koolxpress, unless Koolxpress is selling the product as a Merchant. You agree that Koolxpress has no obligation to ship to you any product you purchase on its sites, unless Koolxpress is the seller of the item. You agree to pay the shipping charges in full for any product that you purchase.
III. Abusing Koolxpress.com
Koolxpress works to keep the services working properly and its users safe. You agree to report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate your access to the services at any time for any reason. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for 180 days or longer.
IV. Additional Terms for Vendors
The following agreements and/or policies are incorporated into this Agreement by reference and provide additional terms and conditions related to the use of the services by vendors:
By entering into this Agreement, you grant, as well as represent and warrant that you have the right to grant to Koolxpress a royalty-free, non-exclusive, worldwide, sublicensable, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, commercially or non-commercially exploit in any manner, incorporate and imbed into other works, and distribute all content posted, uploaded, or otherwise provided by you in connection with your use of the Services.
VI. Limitation of Liability
You will not hold Koolxpress responsible for other users’ content, actions or inactions, or items they list. You acknowledge that Koolxpress is not a traditional auctioneer. Instead, the Koolxpress.com websites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere in a variety of pricing formats. We are not involved in the actual transaction between buyers and sellers, unless Koolxpress is selling the product as a Merchant. We have no control over, and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users content or listings, the ability of sellers to sell items or fulfill orders, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
In no event will koolxpress, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
VII. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it. Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither koolxpress nor any person associated with koolxpress makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither koolxpress nor anyone associated with koolxpress represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
Koolxpress hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
If you have a dispute with one or more Koolxpress’ users, you release Koolxpress (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
IX. Access and Interference
Koolxpress’ websites contain robot exclusion headers. Much of the information on the Koolxpress’ websites is updated on a real-time basis and is proprietary or is licensed to Koolxpress by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.
Additionally, you agree that you will not:
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from Koolxpress.com websites without our prior express, written permission and the prior express, written permission of appropriate third part, as applicable;
- Interfere or attempt to interfere with the proper working of Koolxpress.com websites or any activities conducted thereon;
- Attempt to modify any information displayed on the Koolxpress.com websites;
- Alter prices for products where you are not listed as a vendor or manipulate the payment process in any way;
- Attempt to access our network or infrastructure in any way other than for purposes of browsing and interacting with the services;
- Or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Koolxpress.com websites.
You will indemnify and hold Koolxpress (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, your use of the Website, or your violation of any law or the rights of a third party.
XII. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Koolxpress, registered agent (in the case of notices to Koolxpress) or to the email address you provide to Koolxpress during the registration process (in the case of notices to you). Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to any address you provided. In such case, notice shall be deemed given three days after the date of mailing.
XIV. Resolution of Disputes
Koolxpress makes reasonable efforts to help resolve differences between buyers and vendors. If you have questions about the product you purchased or your shipment you should contact the vendor of your product directly for any customer support that you need. In the event your issue is not resolved by the vendor, you should contact Koolxpress Assistance Center and we will attempt to facilitate a resolution. You may not make any returns to Koolxpress of products you purchase. You must contact the vendor for any product returns that you wish to make.
If a dispute arises between you and Koolxpress, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Koolxpress.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with the provisions below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
i. Law and Forum for Disputes– This Agreement shall be governed in all respects by the laws of Nigeria as they apply to agreements entered into and to be performed entirely within Nigeria between Nigerian residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Koolxpress must be resolved by a court located in Lagos State, Nigeria, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the exclusive jurisdiction of the courts located within Lagos State, Nigeria for the purpose of litigating all such claims or disputes.
ii. Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than N3,650,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
iii. Improperly Filed Claims– All claims you bring against Koolxpress must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Koolxpress may recover attorneys’ fees and costs up to N365,000, provided that Koolxpress has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
XV. Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Koolxpress, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features. You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Koolxpress’ name, the phrase “Inspiring Your Smiles”, “Your Biggest Family Online Shopping Mall”, its logo and all related names, logos, product and service names, designs and slogans are service marks or trademarks of Koolxpress or its affiliates or licensors. You must not use such marks without the prior written permission of Koolxpress. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Website shall be instituted exclusively in the federal courts in Nigeria. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
This Agreement, along with the additional terms referenced herein, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Limitation of Liability, Disclaimer of Warranties, Indemnity, Resolution of Disputes, and General.
Any cause of action or claim you may have arising out of or relating to this agreement or the website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.[/vc_column_text][/vc_column][/vc_row]