Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-¬IS” Your access to and use of Our product is at your own risk. You understand and agree that the Products are provided to you on an “AS-IS” and “AS- AVAILABLE” basis. Without limiting the foregoing, to
the maximum extent permitted under applicable law, PERTINENCE PROPERTIES LIMITED DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
We make no warranty, or representation and disclaim all responsibility and liability for:
(i) the completeness, accuracy, availability, timeliness, security, or reliability of Our Product;
(ii) any harm to your computer system, loss of data, or other harm that results from your access to or useof Our website ;
(iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and
(iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
B. Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that the We are not responsible or liable for:
(i) the availability or accuracy of such websites or resources; or
(ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERTINENCE PROPERTIESLIMITED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE ; UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS. IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF PERTINENCE PROPERTIES LIMITED EXCEED THE GREATER OF ONE HUNDRED THOUSAND NAIRA ONLY (N100,000.00) OR THE AMOUNT YOU PAID PERTINENCE PROPERTIES LIMITED. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT OR OTHERWISE, AND WHETHER OR NOT PERTINENCE PROPERTIES LIMITED HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
D. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the Nigerian laws without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the use of Our Product will be brought solely in the
Federal or State courts located in the Federal Republic of Nigeria, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
E. Indemnity
You shall indemnify and hold Pertinence Properties Limited harmless from and against all actions, proceedings, costs, claims, demands, charges, expenses (including legal expenses), liabilities, fines, levies, losses, and damages, whether arising in tort, contract or common law, which Pertinence Properties Limited may suffer or incur to the extent arising out of or in consequence of or in connection with:
- the protection of Our interest in connection with any aspect of the parties’ relationship under this Agreement (including the cost of any third parties nominated or instructed by Pertinence Properties Limited for this purpose);
- your breach of any of the provisions of this Agreement;
- any transaction (including a transaction which is subsequently discovered to be fraudulent);
- respect to any negligent act or omission by, or willful misconduct of you or your representatives or its agents;
- any modification of or addition to the website not provided or approved by Us; or any content, information, material, listings, images, and/or communications it publishes or causes to be published/transmitted, via the website or any related site/system. We shall not be liable for any special, indirect, Incidental, punitive, or consequential damages, including loss of profits howsoever caused, including such damages, without limitation except as provided in this Term, as damages arising from loss of data or programming, loss of revenue or profits, failure to realize savings or other benefits, damage to equipment, and claims against you by any third person, even if We have been advised of the possibility of such damages.