TERMS & CONDITIONS
This document is an electronic record in terms of National Information Technology Development Agency Act, 2007 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the National Information Technology Development Agency Act, 2007. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of www.shop.kurating.com and www.kurating.com (hereinafter referred to as “Kurating”) and services and tools are governed by the following terms and conditions as applicable to Kurating. If you transact on Kurating, you shall be subject to the policies that are applicable to the website for such transaction.
Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding
Use of the Kurating Website is available only to persons who can form legally binding contracts under Nigerian governing laws. If you are a minor i.e. under the age of 18 years, you shall not register as a member of Kurating and shall not transact or use Kurating website. As a minor if you wish to use or transact on Kurating, such use or transaction may be made by your legal guardian or parents who have registered as users of Kurating. Kurating reserves the right to terminate your membership and refuse to provide you with access to Kurating if it is brought to Kurating’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When you use the Website or send emails or other data, information or communication to Kurating, You agree and understand that you are communicating with Kurating through electronic records and You consent to receive communications via electronic records from Kurating periodically. Kurating may communicate with you by email or by such other mode of communication, electronic or otherwise.
Membership on Kurating is free. Kurating does not charge any fee for browsing and purchases on Kurating. However Kurating reserves the right to charge a fee and change its policies from time to time. In particular, Kurating may at its sole discretion introduce new services and modify some or all of the existing services offered on Kurating. In such an event Kurating reserves, without notice to you, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Kurating. Unless otherwise stated, all fees shall be quoted in Nigerian Naira. You shall be solely responsible for compliance of all applicable laws including those in Nigeria for making payments to Kurating.
Use of Kurating
You agree, undertake and confirm that your use of Kurating shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) Belongs to another person and to which you do not have any right
(b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” or misleading in any way.
(c) Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) Harasses or advocates harassment of another person;
(e) Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
(f) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(g) Infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(h) Promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(i) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(j) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(k) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(l) Contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
(m) Tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) Solicits gambling or engages in any gambling activity which Kurating, in its sole discretion, believes is or could be construed as being illegal;
(p) Interferes with another user’s use and enjoyment of Kurating Website or any other individual’s user and enjoyment of similar services;
(r) Harm minors in any way;
(s) Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(t) Violates any law for the time being in force;
(u) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(v) Impersonate another person;
(w) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(x) Threatens the unity, integrity, defence, security or sovereignty of The Federal Republic of Nigeria, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(y) Shall not be false, inaccurate or misleading;
(z) Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(aa) Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
(ab)You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Kurating reserves the right to bar any such activity.
(ac)You shall not attempt to gain unauthorized access to any portion or feature of Kurating, or any other systems or networks connected to Kurating or to any Kurating’s server, computer, network, or to any of the services offered on or through Kurating, by hacking, password “mining” or any other illegitimate means.
(ad)You shall not probe, scan or test the vulnerability of Kurating or any network connected to Kurating nor breach the security or authentication measures on Kurating or any network connected to Kurating.
(ae)You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Kurating Website, or any other customer of Kurating, including any Kurating account not owned by you, to its source, or exploit Kurating Website or any service or information made available or offered by or through Kurating Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Kurating Website.
(af)You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Kurating Website or Kurating’s systems or networks, or any systems or networks connected to Kurating.
(ag)You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
(ah)You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Kurating on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. .
(aj)You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
(ak)You shall not lift (i.e. copy and paste) images of products you want to sell on Kurating from other websites, images to be used must be original images and not stolen images or content posted on another site. And in the event that you violate this term, you hereby indemnify Kurating of any third party claim thereon.
(am)You understand that Kurating has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Kurating Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE KURATING WEBSITE AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect the views of Kurating. In no event shall Kurating assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Kurating. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Kurating, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Kurating shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Kurating.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Kurating and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Kurating, and that the recipient may use such information to harass or injure you. Kurating does not approve of such unauthorized uses but by using the Kurating Website you acknowledge and agree that Kurating is not responsible for the use of any personal information that you publicly disclose or share with others on Kurating. Please carefully select the type of information that you publicly disclose or share with others on Kurating.
Kurating shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on Kurating is owned, controlled or licensed by or to Kurating, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Kurating products and services purposely made available by Kurating for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Kurating does not take responsibility or liability for the actions, products, content and services on Kurating website, which are linked to Affiliates and / or third party websites using Kurating APIs or otherwise. In addition, Kurating may provide links to the third party websites of affiliated companies and certain other businesses for which, Kurating assumes no responsibility for examining or evaluating the products and services offered by them, and Kurating does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Kurating does not in any way endorse any third party website(s) or content thereof
Kurating welcomes links to this site. You may establish a hypertext link to Kurating website, provided that the link does not state or imply any sponsorship or endorsement of your site by Kurating. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on Kurating, including any logos or characters, without the express written consent of Kurating and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Kurating website without Kurating’s prior written consent.
Information submitted may be made available to Kurating partners who can in turn use it for verification purposes
Risk of Loss
All purchases of physical items from Kurating are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Kurating attempts to be as accurate as possible. However, Kurating does not warrant that product descriptions or other content of any Kurating Service is accurate, complete, reliable, current, or error-free. If a product offered by Kurating itself is not as described, your sole remedy is to return it in unused condition.
Mandatory Declaration – Computers
- You hereby declare that you have provided all necessary Legal Delivery Details for the shipment of the product to the destination specified by you in the Order.
2. You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
Disclaimer Of Warranties And Liability
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Kurating on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Kurating does not warrant that:
• This website will be constantly available, or available at all; or
• The information on this website is complete, true, accurate or non-misleading.
Kurating will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Kurating website.
Kurating does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Kurating website; their servers; or electronic communication sent from Kurating are free of viruses or other harmful components.
Nothing on Kurating constitutes, or is meant to constitute, advice of any kind.
All the products sold on Kurating are governed by different state laws and if Kurating is unable to deliver such products due to implications of different state laws, Kurating will return or will give credit for the amount received by Kurating from the sale of such product that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on Kurating. By registering your phone number with us, you consent to be contacted by Kurating via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Kurating will not use your personal information to initiate any promotional phone calls or SMS’.
Warranties, Exclusions and Limitation of Liability- (Enlisted Merchants Goods and Services)
Unless expressly given in writing, Kurating does not make any representations nor give warranties or guarantees of any nature whatsoever whether express or implied in respect of merchants and their goods and services once you initiate communication with a merchant privately off Kurating’s website including but not limited to you’re the character of merchant, implied warranties of the merchantability and fitness or suitability of the merchant’s goods and services for any intended purpose.
Kurating shall not be liable to you or any third party for any loss, fraud or damage which you or such third party may suffer or incur as a consequence of initiating the transaction irrespective of whether such loss or damage is direct, special, incidental, consequential or otherwise unless such loss is directly attributed to the fraudulent intent of Kurating.
Notwithstanding any other provisions of this agreement, Kurating’s liability to you and or any third party for any loss or damages of any nature whatsoever, including without limitation any damage or loss specifically proven by a competent court to be caused by Kurating shall in any event and under all circumstances be limited to the cost of the goods transacted.
While availing any of the payment method/s offered at Kurating, Kurating will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by you and between your “Bank/s”, or
3. Any payment issues arising out of the transaction, or
All payments made against the purchases/services on Kurating by you shall be compulsorily in Nigerian Naira acceptable by the Central Bank of Nigeria. Kurating does not accept any other form of currency with respect to the purchases made on Kurating.
Without limiting other remedies, Kurating may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to Kurating website in the event, but not limited to:
2. If Kurating is unable to verify or authenticate any information you provide; or
3. If it is believed that your actions may cause legal liability for you, other Users or Kurating. Kurating may at any time at its sole discretion reinstate suspended users.
This Agreement shall be governed by and interpreted and construed in accordance with the laws of The Federal Republic of Nigeria. The place of jurisdiction shall be exclusively in Lagos, Nigeria.
Jurisdictional Issues/Sale in Nigeria Only
Unless otherwise specified, the material on Kurating is presented solely for the purpose of sale in Nigeria. Kurating makes no representation that materials in Kurating are appropriate or available for use in other locations/Countries other than Nigeria. Those who choose to access this site from other locations/Countries other than Nigeria do so on their own initiative and Kurating is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than Nigeria, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by Kurating. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Kurating web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
We at Kurating respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at Kurating
Risk of loss
All items purchased from Kurating are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with the vendor/merchant until the item is transferred to you. In the event that the items are damaged after receipt, the risk falls on the validated consignee, recipient or Customer.
Product and Service Description
Kurating tries to be as accurate as possible. However, Kurating does not warrant that product or service description or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered on Kurating itself is not as described, your sole remedy is to return it in unused condition.
If Kurating comes across any difference in pricing resulting from typographic errors with regards to pricing or product information, Kurating shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.
Cancellation of order
Kurating reserves the right to cancel any order without any explanation for doing so, under situation where Kurating is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Kurating policy or for any reason. However, Kurating will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
Termination of Service
Kurating reserves the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our goods and services with or without prior communications .You hereby consent that Kurating will under no circumstance be liable to you or any third party for any modification or discontinuance of availability of goods or services on the website.
Disclaimer of Warranties and Limitation of Liability
IN NO EVENT SHALL KURATING BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF KURATING HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
KURATING’S AGGREGATE LIABILITY TO YOU, ANY INDIVIDUAL OR ANY THIRD PARTY IN ANY MATTER ARISING HEREFROM, RELATED OR CONNECTED TO OUR GOODS AND SERVCES IS AT KURATING’S SOLE DISCRETION.
THE KURATING SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KURATING SERVICES ARE PROVIDED BY KURATING ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KURATING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE KURATING SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KURATING SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KURATING SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, KURATING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KURATING DOES NOT WARRANT THAT THE KURATING SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KURATING SERVICES, KURATING’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM KURATING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, KURATING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY KURATING SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY KURATING SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.