thebagshop.com.ng    
  
'The Bag Shop' Terms of Use

Effective Date: November 1, 2016

'The Bag Shop' is a online service powered by Stylesbrough Limited that enables individuals to subscribe to mobile content, purchase goods & services online and interact with online content.

You must be at least thirteen (13) years of age to use the 'The Bag Shop' Services. By providing information to 'The Bag Shop' through the account registration page for new subscribers or any other part of the 'The Bag Shop' site, you represent to 'The Bag Shop' that you are 13 years of age or older. If you are between 13 and 17, you represent that you received parental permission both to complete the registration process and to receive content to your mobile phone.

By using this Website and / or purchasing, subscribing, registering for or otherwise receiving products and services from 'The Bag Shop' via this Website or via other means (the "'The Bag Shop' Services"), you agree to adhere to the following Terms of Use. If you do not agree to adhere to these Terms of Use you may not use the 'The Bag Shop' Services.

Use of Service

The 'The Bag Shop' Services are made available for your personal, non-commercial use only. You may not use the 'The Bag Shop' Services to solicit money for a product or service. You may not take the content from 'The Bag Shop' and reformat and display them, or mirror the 'The Bag Shop' home page or results pages on your Web site. If you want to make commercial use of the 'The Bag Shop' Services, you must enter into an agreement with 'The Bag Shop' to do so in advance. Please contact us for more information. When you buy a service or product from 'The Bag Shop', we will automatically debit your account with us for the price that is advertised at that time. We may preiodically change the advertised price at our sole discretion.

No Automated Querying

You may not send automated queries of any sort to 'The Bag Shop''s system without express permission in advance from 'The Bag Shop'.

You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the 'The Bag Shop' Services in any manner.

Text Message Communications

You expressly agree that, as part of the service provided by 'The Bag Shop', you will receive communications from 'The Bag Shop' and advertisers on 'The Bag Shop' by text message (SMS), including our promotional newsletters from time to time. You may stop receiving promotional text messages by sending an email to customercare@thebagshop.com.ng. You may not opt out of service-related text messages. You may receive your password confirmation text message multiple times until you complete the sign-up process. If you would like to stop receiving the password confirmation text messages, please email customercare@thebagshop.com.ng

Email Communications

You also agree to receive promotional and account related email communications from 'The Bag Shop'. You may unsubscribe from promotional email communications by unsubscribing here.

Changes In Terms of Use and the 'The Bag Shop' Services

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate services with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes.

Trademarks, Names and Logos

All trademarks, names and logos used on this Website or delivered via 'The Bag Shop' Services are owned by Stylesbrough Limited (unless otherwise stated). Your use of 'The Bag Shop' Services does not allow you to infringe those rights or the rights of the third parties, which may exist in material contained in this Website. No license is expressly or impliedly granted within or as a result of your use of 'The Bag Shop' Services or this Website. You agree not to display or use in any manner, the 'The Bag Shop' trademarks, names and logo without Legwork's prior permission.

Charges

The 'The Bag Shop' Service includes features without and with charges from Legwork. Additionally, your mobile phone carrier may charge you for usage. The customer is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of 'The Bag Shop' services. Standard text message charges will appear on your wireless bill, or will be deducted from your prepaid balance. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.

Right to Change Fees – All fees are subject to change upon notice from 'The Bag Shop'. 'The Bag Shop' will provide you with reasonable notice of such change through a service message to your device, a service email or by posting the change prominently on the website.

Registration and your Personal Information – In order to use certain features of 'The Bag Shop', you must register and provide personal information such as your name and wireless device number to 'The Bag Shop' ("Personal Information"). 'The Bag Shop' will use your personal information in accordance with its Privacy Policy. Please review the Privacy Policy before you complete the registration process or attempt to use any part of the Service. For additional information regarding 'The Bag Shop''s collection, use and disclosure of your personal information, please refer to 'The Bag Shop''s Privacy Policy, a copy of which is available at Privacy Policy.

Customer Support – Please direct any questions concerning the Service or any other 'The Bag Shop'-related issue, to a 'The Bag Shop' customer service representative by e-mail at: customercare@thebagshop.com.ng

User Submissions

We welcome your comments and suggestions regarding the web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to 'The Bag Shop' shall be and remain the exclusive property of Legwork. Your submission of any such Comments shall constitute an assignment to 'The Bag Shop'of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. 'The Bag Shop'will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. 'The Bag Shop'expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy, which is located at http://www.thebagshop.com.ng/info/privacy.aspx.

User Conduct

You understand that all information, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not 'The Bag Shop', are entirely responsible for all Content that you transmit or otherwise make available. 'The Bag Shop' does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will 'The Bag Shop' be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the 'The Bag Shop' Services to:

  1. Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
  2. Harm minors in any way.
  3. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  4. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
  5. "Stalk" or otherwise harass another.
Disclaimer of Warranties

By participating, Entrants agree to hold harmless and indemnify Participating Entities against any and all liability, damages or causes of action with respect to or arising out of participation in the Games or the receipt or use any of the Game Prizes awarded. The Games are provided on an "as is" and "as available" basis and no representations or endorsement of any kind are made. All warranties, conditions and guarantees relating to the Games made by or on behalf of the Sponsor whether express or implied by law, course of dealing, statute or otherwise, including but not limited to, implied warranties of fitness for a particular purpose, satisfactory quality, non-infringement, security, accuracy, compatibility, condition or completeness are excluded to the maximum extent permitted by law. Participating Entities are not liable in contract, tort (including, but not limited to negligence) or otherwise in connection with the Games for loss of revenues, contracts, profits, business or anticipated savings or loss of data; or any special or indirect or consequential losses; or any loss of goodwill or reputation. Participating Entities cannot and/or do not guarantee that the Game Website and/or telephone systems will be uninterrupted, timely, secure and / or error-free and the Sponsor may cancel all or any part of a Game at its discretion due to issues that impede the fairness or operation of the Games, in its sole discretion, and in such circumstances, the participants shall have no claim whatsoever against the Participating Entities. In any event, the Participating Entities' liability to any participant shall be limited to a total of N1,000. The Participating Entities will not be liable and participants hereby release the Participating Entities from any claims arising from: for any damages or losses whether direct or indirect that any participant may suffer as a result of failure by the Sponsor to deliver the Games (whether or not as a result of any technical failure), including but not limited to (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) data non-delivery or miss-delivery; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the registration process or the Game; (v) electronic or human error which may occur in the administration of the Game or the processing of Guesses from Entrants; or (vi) any injury or damage to persons or property, including but not limited to participant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from participation in the Guessing process or the Games, or (vii) any acts of God, war or terrorism, breaches of security or unauthorized use of personal data arising from hacking and / or failure or lack of reception of telephone or mobile networks. The exclusions set out in this paragraph shall apply even in the event that the loss or damage suffered was or should have been foreseen by the Participating Entities and / or that the Participating Entities had notice of the risk, loss or damage in question.

'The Bag Shop' also disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the 'The Bag Shop' Services. 'The Bag Shop' disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. 'The Bag Shop' disclaims any responsibility for any harm resulting from information or material through the 'The Bag Shop' Services.

THE 'The Bag Shop' SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE 'The Bag Shop' SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. 'The Bag Shop' AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. 'The Bag Shop' AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE 'The Bag Shop' SERVICES. 'The Bag Shop' AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE 'The Bag Shop' SERVICES. 'The Bag Shop' AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE 'The Bag Shop' SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE 'The Bag Shop' SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE 'The Bag Shop' SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE 'The Bag Shop' SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL 'The Bag Shop' OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE 'The Bag Shop' SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF 'The Bag Shop' OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE 'The Bag Shop' SERVICES, FROM INABILITY TO USE THE 'The Bag Shop' SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE 'The Bag Shop' SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE 'The Bag Shop' SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE 'The Bag Shop' SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE 'The Bag Shop' SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE 'The Bag Shop' SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE 'The Bag Shop' SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE 'The Bag Shop' SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Without limiting the foregoing, under no circumstances shall 'The Bag Shop' or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Miscellaneous Provisions

These Terms of Use will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without giving to your actual country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Legwork.

 
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