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Terms and Conditions

Welcome to Xandabay

These terms and conditions outline the rules and regulations for the use of Xandabay’s Website.

Xandabay is located at:

Xandatech House, GRA
Port-harcourt , Nigeria.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Xandabay’s website
if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice
and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website
and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers
to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client
or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake
the process of our assistance to the Client in the most appropriate manner, whether by formal meetings
of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect
of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law
of Nigeria. Any use of the above terminology or other words in the singular, plural,
capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

Using Xandabay

Xandabay does not have possession of anything listed or transactions made through Xandabay and is not involved in anything between the buyers and sellers. The contract for sale is directly between the buyer and seller

While we may help facilitate the resolution of disputes through various programmes, Xandabay  has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

In connection with using or accessing the services you will not:

  • Post, list or upload content or items in inappropriate categories or areas on our sites.
  • Breach or circumvent any laws, third party rights or our systems or policies.
  • Sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
  • Use our services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services.
  • Manipulate the price of any item or interfere with any other user’s listings.
  • Post false, inaccurate, misleading, defamatory, or libellous content.
  • Take any action that may undermine the feedback or ratings systems.
  • Use any robot, spider, scraper or other automated means to access our services for any purpose.
  • Bypass our robot exclusion headers, interfere with the working of our services, or impose an unreasonable or disproportionately large load on our infrastructure.
  • Infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Xandabay.  Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Xandabay or someone else.

 

Abusing Xandabay

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

  • We think that you are creating problems or possible legal liabilities.
  • We think that such restrictions will improve the security of the Xandabay community or reduce our or another Xandabay user’s exposure to financial liabilities.
  • We think that you are infringing the rights of third parties.
  • We think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users.
  • Despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or you fail to make full payment of any fees due for our Services by your payment due date.

When a buyer or seller issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.

 

Cookies

We employ the use of cookies. By using Xandabay’s website you consent to the use of cookies
in accordance with Xandabay’s privacy policy.

Most of the modern day interactive web sites
use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site
to enable the functionality of this area and ease of use for those people visiting. Some of our
affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, Xandabay and/or it’s licensors own the intellectual property rights for
all material on Xandabay. All intellectual property rights are reserved. You may view and/or print
pages from https://xandabay.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  1. Republish material from https://xandabay.com
  2. Sell, rent or sub-license material from https://xandabay.com
  3. Reproduce, duplicate or copy material from https://xandabay.com

Redistribute content from Xandabay (unless content is specifically made for redistribution).

Hyperlinking to our Content

  1. The following organizations may link to our Web site without prior written approval:
    1. Government agencies;
    2. Search engines;
    3. News organizations;
    4. Online directory distributors when they list us in the directory may link to our Web site in the same
      manner as they hyperlink to the Web sites of other listed businesses; and
    5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls,
      and charity fundraising groups which may not hyperlink to our Web site.
  1. These organizations may link to our home page, to publications or to other Web site information so long
    as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or
    approval of the linking party and its products or services; and (c) fits within the context of the linking
    party’s site.
  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American
      Automobile Association, AARP and Consumers Union;
    2. dot.com community sites;
    3. associations or other groups representing charities, including charity giving sites,
    4. online directory distributors;
    5. internet portals;
    6. accounting, law and consulting firms whose primary clients are businesses; and
    7. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect
unfavorably on us or our accredited businesses (for example, trade associations or other organizations
representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed
to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from
the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content
in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as
the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval
of the linking party and it products or services; and (c) fits within the context of the linking party’s
site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website,
you must notify us by sending an e-mail to [email protected].
Please include your name, your organization name, contact information (such as a phone number and/or e-mail
address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site,
and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our Web site or material being linked to that makes sense within the
    context and format of content on the linking party’s site.

No use of Xandabay’s logo or other artwork will be allowed for linking absent a trademark license
agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or
use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular
link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also
reserve the right to amend these terms and conditions and its linking policy at any time. By continuing
to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact
us about this. We will consider requests to remove links but will have no obligation to do so or to respond
directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness
or accuracy; nor do we commit to ensuring that the website remains available or that the material on the
website is kept up to date.

Content Liability

We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

  • your use of or your inability to use our Services.
  • pricing, postage or other guidance provided by Xandabay;
  • delays or disruptions in our Services.
  • viruses or other malicious software obtained by accessing, or linking to, our Services.
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • a suspension or other action taken with respect to your account or breach of the abusing Xandabay section.
  • your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

 

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)
are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or
in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge,
we will not be liable for any loss or damage of any nature.

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