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Terms and Condition

General

Welcome to the Samsung Experience Store website (the "Site"). This Site is only applicable to users in Nigeria. This Terms and Conditions apply regardless of how or where you access this site.

If you access or continue to browse and use this Site, you are agreeing or deemed to agree to comply with and be bound by the following terms and conditions which govern our relationship with you in relation to this Site. Please discontinue use of our Site if you disagree with any part of these terms and conditions.You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this Site to the exclusion of all implied terms by statutes, common law, equity or trade usage and customs practices, therefore no extrinsic evidence, whether oral or written, will be incorporated.

Kindly note that this Site is owned by Samsung Electronics West Africa Limited ("SEWA") and operated by Leopard Communications International FZCO ("Leopard"). However, all orders and sales transactions conducted through or on this Site are conducted between you and authorised Samsung dealers/vendors in Nigeria, and not with Samsung Electronics West Africa or Leopard Communications International FZCO.

SEWA reserves the right, to change, modify, add, or remove portions of these Terms and Conditions at any time.Changes will be effective when posted on the Site and no other notice shall be provided. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.

Access to this Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the content without notice. We will not be liable if for any reason this Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Site.

This Site also contains links to other websites, which are not owned or operated by Leopard or SEWA. We therefore have no control over the Linked Sites and accept no responsibility for them or for any loss or damage thereof that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Restrictions

By using this Site you agree to not misuse this Site. Misuse of this Site includes but is not limited to the doing of the following: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, immoral or in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Site. This list is non-exhaustive and similar actions are also strictly prohibited.

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 this Site or to your downloading of any material posted on it, or on any website linked to it.

The use of automated systems, platforms or software to extract data from this Site for commercial purposes, ('screen scraping') is prohibited without license.

You may not link to this site without our permission. You may not copy, access, or use our content other than as explained herein. You must obtain written permission from SEWA before you link to the site or any part of it in any manner or use any content on the site in any manner, for commercial purposes.

You must not try to access any portion or feature of the Site which you are not permitted to use. You must not try to access any system or network connected to the Site.

Nothing on this Site is an offer to you. The information displayed on the Site is only meant to give you information about our products and services and the dealers/vendors who sell them which SEWA is neither a party or agent to any of the parties.

Use of the Site

SEWA gives you a personal, non-exclusive, non-transferable, limited right to view the information on this site.You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.

Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this Site and its contents and do so without prejudice to any available remedies at law or otherwise.

Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure.

The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.Kindly confirm

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.

You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

You give your consent for us to monitor your use of the site. We may monitor your use of the site for the following reasons:

• To make sure that users are not acting illegally, unlawfully, or in breach of this agreement.
• To maintain the integrity and security of our site and our information technology systems.
• To investigate or detect any unauthorised use of our site and information technology systems
• To ensure the effective operation of our site and information technology systems.

Privacy Policy / Customer

By using this Site, you consent to the processing described on our Privacy Policy page and you warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.

Information Available on the Site

The prices of products displayed on this Site are only the Recommended Retail Price (“RRP”) and are not the price at which the product is sold by each dealer/vendor. Therefore, prices may vary, depending on the dealer/vendor you choose to purchase the product from.

Please note that particular products or certain models thereof and services displayed on the site may not be available. If you have any questions about the price or availability of products displayed on the Site you must contact the authorized Samsung dealer/vendor directly to confirm the price and the availability of such product or services.

To help you to locate other information, products or services we may include links to the sites of other persons or entities. However, this does not mean that Samsung approves, recommends or endorses those sites, their content, their owners or even the goods or services made available or advertised on those sites. You must read the terms & conditions and privacy policies published on those sites. We have no control over such third party sites, products or services, and will not be legally responsible to you for any loss or damage you suffer, whether directly or indirectly, because of your use of a third party’s site, product or service. The appearance on the third party websites of advertisement, products or services information does not constitute an endorsement by Samsung or guarantee as to the validity of the information, and Samsung has not investigated the claims made by such advertisers. You agree that if you access third party sites, you do so entirely at your own risk.

Limitation of Liability

While we have taken care to ensure that the content on this site is accurate, this site is provided "as is" and your use of the site is entirely at your own risk. Because of this, Samsung and its officers, directors, employees, servants, affiliates, shareholders, agents, consultants or employees (“Samsung”) will not be liable for any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because you used this site or the information on the site or because you couldn’t use this site. You hereby agree to hold Samsung harmless for such loss or damage. Without changing the above, Samsung will also not be liable for any of the following:

• Any interruption, malfunction, downtime or other failure of the site or any online services, our system, databases or any of its components, for reasons beyond our control.
• Any loss or damage to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects.
• Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities.
• Any event over which we have no direct control.

This clause constitutes a stipulation for the benefit of Samsung’s officers, directors, employees, servants, affiliates, shareholders, agents, consultants, or employees.

Intellectual Property

Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, marks, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in SEWA, Leopard or their licensors. Use of such material will only be permitted as expressly authorized by SEWA, Leopard or their licensors.

Applicable Laws

Your use of this web site will be governed by and interpreted according to Nigerian Laws excluding its conflict rules.

By using this site you agree that the International Chamber of Commerce (ICC) Lagos, Nigeria will exclusively resolve by arbitration under its rules in force and effect as of the date of the arbitration, any dispute, claim, controversy or matter that arises between you and us about, or in connection with this site. Such shall be finally resolved by a sole arbitrator appointed in accordance with the said rules. The place of arbitration shall be in Lagos, Nigeria. The language of the arbitration proceedings shall be English language. The losing party shall bear the cost of the arbitration.

Where dates and times need to be calculated the international standard time (GMT) plus 1 (one) hour will be used.

While we may give you extra time to comply with your obligations or decide not to exercise some of our rights, you must not assume that this means that our agreement with you has been changed or that it no longer applies to you. We can still insist on the strict application of any or all of our rights at a later stage.

If a court finds that any of the clauses in this agreement are unenforceable, the remaining clauses will still be valid and the rest of the agreement and rules will still apply.

For purposes of interpreting the agreement or any rules any reference to Samsung includes its successors and assigns, and any of its officers, agents, staff and authorised representatives acting on its authority.