Terms of Service

1. INFORMATION ABOUT US

echosystems.ng (Echo Systems Network Ltd) agrees to deliver the digital file(s) to the Licensee ("You" or "User") on the condition that You accept the following terms of use ("Agreement"). By downloading the digital file, You are accepting and agreeing to the terms and conditions of this Agreement which constitute a legal agreement between You and Echo Systems Network Ltd. If You do not agree with the terms of this Agreement, You should not download the digital file. Once the digital file is downloaded and received by You, no refunds or exchanges for the digital download will be given, except as may be necessitated by a technical issue.

2. HOW THESE TERMS APPLY TO THE SALE OF PRODUCTS

2.1

These Digital Product terms and conditions of sale (together with any relevant documents referred to in them (including the Website terms of use)) set out the terms on which we supply any of the following products via our site to you: Digital downloads of document related files (i.e pdf, epub, docx) to your computer or mobile devices; Digital downloads of audio products to your computer or mobile devices; Digital downloads of video products to your computer or mobile devices; Digital downloads of web page related files (i.e. html, css, php, js) to your computer or mobile devices; (the "Digital Products").

2.2

Each time you purchase Digital Products through this site you will be required to click the "Checkout" button to complete the order, which is preceded by the instruction "All purchases are subject to our license agreement & terms and conditions". By clicking the "Checkout" button and/or by using this site to purchase Digital Products you are accepting both this license agreement and terms and conditions of sale and if relevant any product-specific terms. Any terms which you seek to impose in respect of your purchase of Digital Products through this site will not form part of any contract between us. Please read these terms and conditions carefully before ordering any of the Products from our site. If you have any queries on these terms please contact us on support@echosystems.ng before placing any order.

2.3

To the extent that there is any conflict or inconsistency between the terms and conditions on this site and the Privacy Policy in respect of your use of and/or order for Digital Products the following order of precedence will apply: Digital Product terms and conditions of sale; Website terms of use; Privacy Policy.

2.4

We recommend you review these terms and conditions each time you purchase Digital Products and print a copy of these terms and conditions for your future reference.

3. ABOUT YOU

3.1

By placing an order for Digital Products through our site, you warrant that.

3.1.1

You are legally capable of entering into binding contracts.

3.1.2

You are at least 18 years old.

3.1.3

You will not copy, distribute or share the Digital Products other than as allowed under these terms of sale and the product license agreement.

3.2

By placing an order for Digital Products you agree that we may store, process and use personal data collected from you for the purposes of processing/fulfilling your order. We work with third parties that help us provide the Digital Products to you including card payment and collection companies and they will also have access to your personal data to the extent necessary to help us process/fulfil your order. For further information about how we may store, process and use your personal data please refer to our Privacy Policy.

4. REGISTRATION

4.1

You do need to register with the site to place an order for Digital Products, you will be required to provide us with certain information including certain personal and payment/billing details so that we can process your order.

4.2

You agree to provide us with truthful, complete and accurate details. You agree to provide us with your details only. You should keep any account details (including any password) safe and should not share or disclose them to anyone. Please notify us immediately if you suspect your account details have been compromised. You are responsible for all orders placed/activity undertaken using your account details.

5. DIGITAL PRODUCTS

5.1

We provide the digital service on this site which allows you to access and purchase downloads of Digital Products (including information related to these products and associated artwork).

5.2

All Digital Products available through this site are owned or controlled by us are protected by intellectual property rights. This includes the design, compilation, and look and feel of the echosystems.ng web site, and copyright, trademarks, designs and other intellectual property rights in the Digital Products.

6. PRICE AND PAYMENT

The price of any Digital Products will be as quoted on our site from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. Our site contains a large number of Digital Products and it is always possible that, despite our best efforts, some of the Digital Products listed on our site may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures so that, where a Digital Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Digital Product to you. If a Digital Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Digital Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Digital Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.

7. DELIVERY

Digital Products will be made available for download immediately after we have received payment in full. You will be able to access your Digital Products through your account on our site. We will send you an email confirmation when your Digital Products are ready for download.

8. REFUNDS AND CANCELLATIONS

Due to the nature of digital products, once a Digital Product has been downloaded, we cannot offer refunds or exchanges unless there is a technical issue that prevents you from accessing the product. If you experience any technical issues, please contact us at support@echosystems.ng within 7 days of purchase.

9. INTELLECTUAL PROPERTY RIGHTS

All Digital Products are protected by copyright and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from the Digital Products without our express written permission. You are granted a limited, non-exclusive, non-transferable license to use the Digital Products for your personal or internal business use only.

10. PROHIBITED USES

You may not use our Digital Products: (a) in any way that breaches any applicable local, national or international law or regulation; (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (c) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); (d) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

11. OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

12. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

13. VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. 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 our site or to your downloading of any material posted on it, or on any website linked to it.

14. LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on our site other than that set out above, please address your request to support@echosystems.ng

15. FORCE MAJEURE

15.1

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract for a Digital Product that is caused by events outside our reasonable control ("Force Majeure Event").

15.2

A Force Majeure Event includes the following: acts of God, war, fire, flood, earthquake, explosion, accident, riot, civil commotion, act of terrorism, strike, lock-out, industrial action or disputes, failure of public or private telecommunications networks, failure or delay of third party suppliers or sub-contractors, power failure, internet failure, server crashes, deletion, corruption, loss or removal of data, transportation stoppages, slow-downs or accidents, or any other circumstances affecting the supply of Digital Products or of raw materials, energy, transport, labour, materials, components or machinery by our suppliers or by us, or any other circumstances beyond our reasonable control including, without limitation, the unavailability of the use of public or private telecommunications networks and/or the acts, decrees, legislation, regulations or restrictions of any government.

15.3

Our performance under any contract will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance the same as the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations relating to the Digital Products may be performed despite the Force Majeure Event.

16. WAIVER

16.1

If we fail, at any time during the term of a contract for a Digital Product, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies which we are entitled to under the contract relating to the Digital Products, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

16.2

A waiver by us of any default shall not constitute a waiver of any subsequent default.

16.3

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with section 14 above.

17. SEVERABILITY AND THIRD PARTY RIGHTS

17.1

If any of these terms or any provisions of a contract for a Digital Product are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or provision will to that extent be removed from the remaining terms and provisions which will continue to be valid to the fullest extent permitted by law.

17.2

A person who is not a party to these terms of sale has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.

18. ENTIRE AGREEMENT

We intend to rely upon these terms and conditions of sale and any document expressly referred to in them in relation to the subject matter of any contract relating to the Digital Products. If you are uncertain about your rights or think there is a mistake or that the terms are not complete and accurate or do not reflect any conversation with our customer services representatives, please contact us before placing an order in order to discuss your query/concern as we only accept responsibility for statements made in writing. In that way, we can avoid any problems surrounding what we and you are expected to do in relation to the contract for the Digital Product.

19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

19.1

We have the right to revise and amend these terms and conditions of sale from time to time including to reflect changes affecting our business, changes in technology, changes in licensing arrangements, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site's capabilities.

19.2

You will be subject to the policies and terms and conditions of sale in force at the time that you order Digital Products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we give you reasonable notice of the change to those policies or these terms and conditions of sale before we confirm your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Digital Products or our entering into the contract for the Digital Products (as applicable)).

20. LAW AND JURISDICTION

Contracts for the purchase of Digital Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by all applicable Nigeria local laws and regulations. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Nigeria.

21. QUESTIONS OR COMPLAINTS?

If you have any queries at all regarding this site, the products featured on the site or any of the terms, please do not hesitate to email us support@echosystems.ng, and we will be more than happy to assist you.