Terms of Use
These Terms govern how you access and use our products and services, including those offered through our website, events, communications (e.g., emails, phone calls, and texts) and social media handles (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms, which form a legally binding contract with: Zardich Nigeria Limited, a business registered and governed by the laws of the Federal Republic of Nigeria. Businesslookup.ng is owned by Zardich Nigeria Limited and is operated by same. The use of Businesslookup.ng anywhere implies the business directory website owned by Zardich Nigeria Limited. Accessing our Service means that you are willing to be bound by the Terms of use.
We provide on the BUSINESSLOOKUP Site for business owners/operators or their authorized agents (“BUSINESSLOOKUP for Business”, and together with the Consumer Services, the “Service(s)”). This Terms of Use is a legally binding agreement by and between you, personally and, if applicable, on behalf of the entity for whom you are using the BUSINESSLOOKUP Site or Services (collectively, “you” or “your”), and Zardich Nigeria Limited, which is the provider of the BUSINESSLOOKUP Site and Services (“Zardich” or “Zardich Nigeria Limited”, “we”, “us”, “our”), so please read it carefully.
This Terms of Use governs your access and use of the BUSINESSLOOKUP Sites/Services on or after March 11, 2021 (“Effective Date”). BY ACCESSING OR USING ANY PART OF THE BUSINESSLOOKUP SITES OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS TERMS, WHICH CONTAINS A WAIVER OF COURT TRIAL AND CLASS-ACTION RIGHTS AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY BUSINESSLOOKUP SITES/SERVICES. UNLESS OTHERWISE EXPRESSLY STATED, ZARDICH NIGERIA LIMITED, DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY ZARDICH NIGERIA LIMITED., ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS.
- About the Services and BUSINESSLOOKUP Sites
1.1
The BUSINESSLOOKUP Sites and Search Results. The BUSINESSLOOKUP Sites and the Services allow users to, among other things, search for, find and compare businesses, as well as products and services offered by those businesses. The BUSINESSLOOKUP Sites may display paid business listings, advertisements or other sponsored information. When sponsored information is commingled with general, unpaid search results, the sponsored results shall be identified in such a way as to permit consumer users to distinguish between these two categories of information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings.
1.2
Eligibility. To use the BUSINESSLOOKUP Sites/Services, you must be, and represent and warrant that you are, of legal age (18 years and over) and of legal competence to enter into a binding agreement, and are not otherwise prohibited from using or receiving the BUSINESSLOOKUP Sites/Services in accordance with this Terms of Use. By using the BUSINESSLOOKUP Sites/Services on behalf of any third party or business entity you are representing to us that you are an authorized representative of that third party or business entity and that your use of the BUSINESSLOOKUP Sites/Services constitutes their acceptance of this Terms of Use.
1.3
Nature of Services. In relation to the BUSINESSLOOKUP Sites, Zardich Nigeria Limited provides sites and services that are, unless otherwise expressly stated, advertising sites and services. The BUSINESSLOOKUP Sites display advertising on behalf of businesses and we rely upon those businesses for the accuracy, completeness and honesty of that advertising. Under no circumstances does Zardich Nigeria Limited endorse and/or have any other undisclosed connection with the businesses that advertise with us.
1.4
Changes to the Terms
We may modify the Terms from time to time. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email, by posting notice on the Service, and/or by other method prior to the effective date of the changes. We will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.
- Using the BUSINESSLOOKUP Sites/Services
2.1
Grant of Rights/Restrictions on Use of Data. Subject to your compliance with the terms and conditions of this Terms of Use, we grant you a limited, non-exclusive right to use the BUSINESSLOOKUP Sites/Services, and any content and materials made available to you in connection with your use of the BUSINESSLOOKUP Sites/Services, only for your individual, non-commercial, informational purposes and for such other purposes (and subject to such further limitations) as may be provided in this Terms of Use (including any additional terms applicable to a particular Service) or any instructions for use that we may provide from time to time (such as API Terms, where available). Data Mining/Scraping and Framing Prohibited. You may not use bots, scrapers, crawlers, spiders, or any similar methods, processes, or tools to “data mine” or otherwise gather or extract data from the BUSINESSLOOKUP Sites, and you may not frame or proxy the BUSINESSLOOKUP Sites or utilize any other techniques to re-display the BUSINESSLOOKUP Sites (or any content on the BUSINESSLOOKUP Sites) without Zardich Nigeria Limited’s prior express consent, which consent, if given, may be withdrawn by us at any time, with or without notice, in our sole discretion.
2.2
Termination. You may stop using the BUSINESSLOOKUP Sites/Services at any time, except to the extent you agree otherwise in the use of particular Services offered on a subscription or similar basis. We may terminate your access to the Services in whole or in part if we reasonably believe you have breached this Terms of Use, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use the BUSINESSLOOKUP Sites/Services. If your access to the BUSINESSLOOKUP Sites/Services is terminated, we may exercise whatever means it deems necessary to prevent unauthorized access to the BUSINESSLOOKUP Sites/Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. This Terms of Use will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or whether or not you continue to use or continue to have the right to use the BUSINESSLOOKUP Sites/Services.
2.3
Intellectual Property Rights.
Unauthorized Use of Content. Using the Services or accessing the BUSINESSLOOKUP Sites does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the BUSINESSLOOKUP Sites/Services, all of which is owned by Zardich Nigeria Limited, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in this Terms of Use, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of the BUSINESSLOOKUP Sites/Services, without express permission from the owner or Zardich Nigeria Limited. (as applicable).
Unauthorized Use of Marks. Using the BUSINESSLOOKUP Sites/Services does not give you any rights to use any of our trademarks, service marks, trade dress, trade names, or third-party marks, used in connection with the BUSINESSLOOKUP Sites/Services, without express permission from the owner.
2.4
Prohibited Conduct. You may use the BUSINESSLOOKUP Sites/Services any materials or content made available to you in connection with your use of the BUSINESSLOOKUP Sites/Services only as expressly permitted by this Terms of Use and only in a manner that does not interfere with Zardich Nigeria Limited’s right or ability to provide the BUSINESSLOOKUP Sites/Services or any third party’s right or ability to use or enjoy the BUSINESSLOOKUP Sites/Services. Without limitation, you may not:
- Infringe, violate, or transgress any right of any party;
- Attempt to bypass, disrupt or interfere with the security, provision or use of the BUSINESSLOOKUP Sites/Services;
- Impersonate another person or entity, misrepresent your affiliation with a person or entity (including BUSINESSLOOKUP), or use a false identity;
- Attempt to obtain unauthorized access to the BUSINESSLOOKUP Sites/Services;
- Engage, directly or indirectly, in any type of unsolicited communication;
- Collect, manually or through an automatic process, information about other users without their express consent or other information relating to the BUSINESSLOOKUP Sites/Services;
- Submit false or misleading information to Zardich Nigeria Limited;
- Violate any law, rule, or regulation;
- Use any Zardich Marks, domain names, or confusingly similar domains or other portion of the BUSINESSLOOKUP Sites/Services (including in connection with meta tags or other “hidden text”) in advertising, promotions, or for other commercial purposes;
- Use the BUSINESSLOOKUP.ng domain name or any domain name that is confusingly similar to this or another Zardich’s domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service;
- Link to or “frame” any BUSINESSLOOKUP Site (including deep linking to a specific portion of any BUSINESSLOOKUP Site) or overlay content on the Services or use or display the search results from the BUSINESSLOOKUP Sites/Services for your own or a third party’s commercial benefit;
- Conduct script searches or use search results of the BUSINESSLOOKUP Sites/Services in a manner that results in the automated display of any material or other information on a third party website;
- Use the BUSINESSLOOKUP Sites/Services to compile information about a product or service for use in connection with a listing for a competitive product or service;
- Take any action that may undermine the ratings or review or similar process(es) within the BUSINESSLOOKUP Sites/Services; or
- Assist any third party in engaging in any activity prohibited by this Terms of Use. Zardich Nigeria Limited. reserves the right, but not the obligation, to monitor the BUSINESSLOOKUP Sites/Services for the purpose of determining that your usage is in compliance with this Terms of Use.
2.5
Changes.
Zardich Nigeria Limited. may change or discontinue any of the BUSINESSLOOKUP Sites/Services at any time without notice or liability to you or any third party.
- Privacy Policy
You agree that we may collect, use, and share your provided or collected information in accordance with Zardich Nigeria Limited’s Privacy Policy
- Content and Feedback
4.1
Your Content. Some of the BUSINESSLOOKUP Sites/Services allow you to submit or generate content. If you submit or generate content, you must comply with the BUSINESSLOOKUP Sites’ guidelines. To the extent you have any intellectual property rights in such content, you will retain those rights subject to the grant of license in this Section. By uploading, posting or otherwise submitting content in connection with your use of the BUSINESSLOOKUP Sites/Services, you grant Zardich Nigeria Limited (and its affiliates, distributors, and other contractors it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit content unless you have the right to grant this license for such content.
4.2
Feedback. If you submit ideas, suggestions or anything else about the BUSINESSLOOKUP Sites/Services (such as ways to improve the BUSINESSLOOKUP Sites/Services) to us, you agree that we can use or publish that feedback for any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any feedback to us in which you do not wish to grant such rights.
4.3
Third Party Content. The BUSINESSLOOKUP Sites may provide access to third-party content, such as user-provided reviews, other content submitted by users of the BUSINESSLOOKUP Sites/Services, content obtained from non-user third parties, and links to third-party websites. Zardich Nigeria Limited does not, unless otherwise provided: (i) undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other users) in connection with the BUSINESSLOOKUP Sites/Services; (ii) undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or (iii) endorse any positions, ideas, ideologies, concepts, or opinions contained in such third-party content. Zardich Nigeria Limited is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for your use, for the performance or operation of any third party website, for any products or services advertised or sold by any third party (including on or through a third party’s website), or for any other action or inaction by any third party. Your use of any such third party websites will be subject to those terms to which you and the third party agree. Zardich Nigeria Limited will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that Zardich Nigeria Limited is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services.
4.4
Objectionable Content. If you become aware of any objectionable third-party content, you may contact our customer service department ([email protected]) to report it. We will address such requests if and to the extent we deem appropriate, in our sole discretion.
4.5
Third-Party Intellectual Property Policy. Zardich Nigeria Limited. respects the rights of others. If you believe any content published on or available through the BUSINESSLOOKUP Sites/Services infringes your rights, you must submit a complaint to us at [email protected] and it will be treated accordingly.
- DISCLAIMERS, EXCLUSIONS, LIMITATIONS, AND INDEMNITY
5.1
DISCLAIMER OF WARRANTIES. THE BUSINESSLOOKUP SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZARDICH NIGERIA LIMITED DOES NOT REPRESENT OR WARRANT THAT THE BUSINESSLOOKUP SITES OR SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION THEREWITH: WILL BE UNINTERRUPTED OR SECURE; WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS; WILL MEET YOUR REQUIREMENTS; OR WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. ZARDICH NIGERIA LIMITED MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS OF USE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. ZARDICH NIGERIA LIMITED MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE, AND MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM US OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.
5.2
EXCLUSION OF DAMAGES. ZARDICH NIGERIA LIMITED WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES OR THE BUSINESSLOOKUP SITES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.
5.3
LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF ZARDICH NIGERIA LIMITED ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOU OR THE SERVICES EXCEED THE GREATER OF THE AMOUNTS THAT YOU PAID ZARDICH NIGERIA LIMITED FOR YOUR USE OF THE SERVICES.
5.4
Indemnity. You agree to indemnify, defend and hold Zardich Nigeria Limited and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of this Terms of Use or (ii) arising from, related to, or connected with your use of the BUSINESSLOOKUP Sites/Services. If you are obligated to provide indemnification pursuant to this provision, you may not settle compromise or in any other manner dispose of any Claim against the Indemnified Parties without the written consent of the Indemnified Parties.
- Disputes
6.1
Waiver of Courtroom Trial/Waiver of Class Action. You agree that this Terms of Use and any dispute arising in connection with your use or our provision of the BUSINESSLOOKUP Sites/Services will be governed by and construed in accordance with, laws of the Federal Republic of Nigeria with respect to arbitration. In any legal proceeding relating to this Terms of Use or your use or our provision of the BUSINESSLOOKUP Sites/Service, the parties agree to waive any right they may have to participate in any class, group, or representative proceeding and to waive any right they may have to a trial in a courtroom.
6.2
Informal Resolution and Small Claims Court. If you have any dispute with us or any related third party, arising out of, relating to, or connected with the BUSINESSLOOKUP Sites/Services, you agree to contact our Customer Service department ([email protected]); provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us 30 days within which to resolve the dispute to your satisfaction.
6.3
Exceptions to Applicability of Section 6 Terms. The terms of this Section 6 will apply to all disputes that may arise out of, are connected with or relate to this Terms of Use or the BUSINESSLOOKUP Sites/Services, subject only to the following exceptions: (a) if we reasonably believe that you have in any manner acted or failed to act in any manner that may cause irreparable or costly harm to the BUSINESSLOOKUP Sites/Service, Zardich Nigeria Limited or any third party or third-party property, then we may immediately seek injunctive or other appropriate relief in any court of competent jurisdiction regardless of any timing or other proscribed process steps set forth in a separate provision of this Section 6; and (b) to the extent certain services provided by Zardich Nigeria Limited are subject to different dispute resolution provisions, which are provided for in the terms applicable to such services. Furthermore, in no event will the terms of this Section 6 limit our ability to investigate complaints or reported violations of this Terms of Use or to take any action we deem necessary and appropriate to mitigate actions against Zardich Nigeria Limited, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
6.4
Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the BUSINESSLOOKUP Sites/Services, must be filed within six months after such claim or cause of action arises, or forever be barred.
- 7. Force Majeure
Zardich Nigeria Limited will not be liable for failing to perform under this TOU because of any event beyond its reasonable control.
- GENERAL TERMS
- We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
- Except as otherwise stated in Section 4 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms contain the entire agreement between you and us regarding the use of the Service and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- Any failure on Zardich Nigeria Limited’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by Zardich Nigeria Limited
- If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Zardich Nigeria Limited’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Zardich Nigeria Limited as a result of these Terms or your use of the Service.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
- Contacts
By providing your email address, you agree that we may send emails to you related to the BUSINESSLOOKUP Sites/Services. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the message. Zardich Nigeria Limited may send any legal notices to you via email, notification by a message to your account or regular mail.
- Terms for Registered Users (Consumer and Business)
IF YOU ACCESS ANY SERVICE THAT REQUIRES YOU TO CREATE AN ACCOUNT ACCESSIBLE THROUGH A USERNAME AND PASSWORD, THEN IN ADDITION TO THE GENERAL PROVISIONS OF THE TERMS OF USE (ABOVE) AND THE TERMS APPLICABLE TO ANY OTHER SERVICE THAT YOU ARE USING, THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOUR USE OF THE SERVICES.
10.1
Account Security. You are solely responsible for keeping your password and all other account information confidential and for all use of your username and password, including, without limitation, any use by any unauthorized third party. It is your responsibility to maintain the security of your mobile device(s) from unauthorized access. Our employees will never ask for your password. If you are asked for your password, or if you believe someone may have obtained your password, you must contact our ([email protected])
10.2
Keep Contact Information Current. You must provide and keep us up-to-date with accurate registration information, including name and email address. We may update your information with information available from third-party sources or otherwise available to us. The information you provide to register is subject to our Privacy Policy.
10.3
Storage of Account Information. When using the BUSINESSLOOKUP Sites/Services, we may permit you to store data, preferences set by you, content or other information for your convenience, but we are under no obligation to retain any such data, preferences, content or other information. Zardich Nigeria Limited, in its sole and absolute discretion, may terminate access to your account for any reason (including reasons related to unlawful or unauthorized usage). We have no obligation to retain a record, after such termination, of your account or any data or information that you may have stored for your convenience by means of your account or the BUSINESSLOOKUP Sites/Services.
10.4
Opt-In to Site Activity Tracking and Contact by Us. By creating an account, you are deemed to have “opted-in” to all tracking, collection, use, and sharing of information permitted under our Privacy Policy. Without limitation, you consent to Zardich Nigeria Limited’s right to record your activity on the BUSINESSLOOKUP Sites, including any reviews, comments, responses and ratings made by you in connection with your use of the BUSINESSLOOKUP Sites/Services, and to use such information to improve or customize your experiences using the BUSINESSLOOKUP Sites. By registering, you agree to receive administrative emails from us periodically relating to your account, site services, and changes to these Terms of Use, as well as commercial emails such as marketing offers and promotions, including third-party offers. You may change your email preferences or unsubscribe from marketing emails at any time in your account settings.
- TRADEMARK POLICY
A trademark is a word, slogan, logo, symbol or design that can be used to distinguish the products or services offered by one party from those offered by others. Zardich Nigeria Limited also respects the trademark rights of third parties and we expect our users of the BUSINESSLOOKUP Sites and Service to do the same. We reserve the right to remove, suspend, terminate access, or take other appropriate actions against users or third parties that we believe, in good faith, to be repeat offenders of our policy against infringing trademarked material
