Terms & Conditions
Last updated: December 11, 2012
Welcome to Gadolng.com, the online brand of Agolen Marketing Services
Ltd and/or its affiliates (“Gadol”) provide website features and other
products and services to you when you visit or shop at Gadolng.com, use
Gadol products or services, use Gadol applications for mobile, or use
software provided by Gadol in connection with any of the foregoing
(collectively, “Gadol Services”). Gadol provides the Gadol Services
subject to the following conditions.
By using Gadol Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Gadol Services, and sometimes additional terms
may apply. When you use a Gadol Service (for example, Your Profile, Gift
Cards, Gadol Instant Video, Your Media Library, or Gadol applications
for mobile ) you also will be subject to the guidelines, terms and
agreements applicable to that Gadol Service (“Service Terms”). If these
Conditions of Use are inconsistent with the Service Terms, those Service
Terms will control.
PRIVACY
Please review our Privacy Notice, which also governs your use of Gadol Services, to understand our practices.
PAYMENT
Gadolng.com has three payment options to choose from: Pay on Delivery, prepay via local and international Mastercard, VISA and Interswitch Verve cards and Cheque/Bank Transfer. When you place your order on our website, these options are displayed and you can choose an option that is suitable for you. NOTE: Payment On Delivery is not available for Custom made products and orders worth ₦50,000 or more going to outside Lagos.
ELECTRONIC COMMUNICATIONS
When you use any Gadol Service, or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site or through the other Gadol
Services. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Gadol Service,
such as text, graphics, logos, button icons, images, audio clips,
digital downloads, and data compilations is the property of Gadol or its
content suppliers and protected by Nigerian and international copyright
laws. The compilation of all content included in or made available
through any Gadol Service is the exclusive property of Gadol and
protected by Nigerian and international copyright laws.
TRADEMARKS
Click here to see a non-exhaustive list of Gadol trademarks . In
addition, graphics, logos, page headers, button icons, scripts, and
service names included in or made available through any Gadol Service
are trademarks or trade dress of Gadol in Nigeria and other countries.
Gadol’s trademarks and trade dress may not be used in connection with
any product or service that is not Gadol’s, in any manner that is likely
to cause confusion among customers, or in any manner that disparages or
discredits Gadol. All other trademarks not owned by Gadol that appear
in any Gadol Service are the property of their respective owners, who
may or may not be affiliated with, connected to, or sponsored by Gadol.
PATENTS
One or more patents owned by Gadol apply to the Gadol Services and to
the features and services accessible via the Gadol Services. Portions of
the Gadol Services operate under license of one or more patents. Click
here to see a non-exhaustive list of applicable Gadol patents and
applicable licensed patents .
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment
of any applicable fees, Gadol or its content providers grant you a
limited, non-exclusive, non-transferable, non-sublicensable license to
access and make personal and non-commercial use of the Gadol Services.
This license does not include any resale or commercial use of any Gadol
Service, or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of any Gadol
Service or its contents; any downloading or copying of account
information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools. All
rights not expressly granted to you in these Conditions of Use or any
Service Terms are reserved and retained by Gadol or its licensors,
suppliers, publishers, rightsholders, or other content providers. No
Gadol Service, nor any part of any Gadol Service, may be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for
any commercial purpose without express written consent of Gadol. You may
not frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout,
or form) of Gadol without express written consent. You may not use any
meta tags or any other “hidden text” utilizing Gadol’s name or
trademarks without the express written consent of Gadol. You may not
misuse the Gadol Services. You may use the Gadol Services only as
permitted by law. The licenses granted by Gadol terminate if you do not
comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
If you use any Gadol Service, you are responsible for maintaining the
confidentiality of your account and password and for restricting access
to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. Gadol does sell
products for children, but it sells them to adults, who can purchase
with a credit card or other permitted payment method. If you are under
18, you may use the Gadol Services only with involvement of a parent or
guardian. Alcohol listings on Gadol are intended for adults. You must be
at least 21 years of age to purchase alcohol, or use any site
functionality related to alcohol. Gadol reserves the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in
its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send
e-cards and other communications; and submit suggestions, ideas,
comments, questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to
third parties or objectionable and does not consist of or contain
software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of “spam.” You may not use a false
e-mail address, impersonate any person or entity, or otherwise mislead
as to the origin of a card or other content. Gadol reserves the right
(but not the obligation) to remove or edit such content, but does not
regularly review posted content.
If you do post content or submit material, and unless we indicate
otherwise, you grant Gadol a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and
display such content throughout the world in any media. You grant Gadol
and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant
that you own or otherwise control all of the rights to the content that
you post; that the content is accurate; that use of the content you
supply does not violate this policy and will not cause injury to any
person or entity; and that you will indemnify Gadol for all claims
resulting from content you supply. Gadol has the right but not the
obligation to monitor and edit or remove any activity or content. Gadol
takes no responsibility and assumes no liability for any content posted
by you or any third party.
COPYRIGHT COMPLAINTS
Gadol respects the intellectual property of others. If you believe that
your work has been copied in a way that constitutes copyright
infringement, please follow our Notice and Procedure for Making Claims
of Copyright Infringement.
RISK OF LOSS
All items purchased from Gadol 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.
RETURNS, REFUNDS AND TITLE
Gadol does not take title to returned items until the item arrives at
our fulfillment center. At our discretion, a refund may be issued
without requiring a return. In this situation, Gadol does not take title
to the refunded item. For more information about our returns and
refunds, please see our Returns Center
PRODUCT DESCRIPTIONS
Gadol attempts to be as accurate as possible. However, Gadol does not
warrant that product descriptions or other content of any Gadol Service
is accurate, complete, reliable, current, or error-free. If a product
offered by Gadol itself is not as described, your sole remedy is to
return it in unused condition.
PRICING
Except where noted otherwise, the List Price or Suggested Price
displayed for products on any Gadol Service represents the full retail
price listed on the product itself, suggested by the manufacturer or
supplier, or estimated in accordance with standard industry practice; or
the estimated retail value for a comparably featured item offered
elsewhere. The List Price or Suggested Price is a comparative price
estimate and may or may not represent the prevailing price in every area
on any particular day. For certain items that are offered as a set, the
List Price or Suggested Price may represent “open-stock” prices, which
means the aggregate of the manufacturer’s estimated or suggested retail
price for each of the items included in the set. Where an item is
offered for sale by one of our merchants, the List Price or Suggested
Price may be provided by the merchant.
With respect to items sold by Gadol, we cannot confirm the price of an
item until you order. Despite our best efforts, a small number of the
items in our catalog may be mispriced. If the correct price of an item
sold by Gadol is higher than our stated price, we will, at our
discretion, either contact you for instructions before shipping or
cancel your order and notify you of such cancellation. Other merchants
may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has
entered the shipping process or, for digital products, until we make the
digital product available to you.
GADOL SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to
any software (including any updates or upgrades to the software and any
related documentation) that we make available to you from time to time
for your use in connection with Gadol Services (the “Gadol Software”).
OTHER BUSINESSES
Parties other than Gadol operate stores, provide services, or sell
product lines on this site. In addition, we provide links to the sites
of affiliated companies and certain other businesses. We are not
responsible for examining or evaluating, and we do not warrant the
offerings of, any of these businesses or individuals or the content of
their Web sites. Gadol does not assume any responsibility or liability
for the actions, product, and content of all these and any other third
parties. You should carefully review their privacy statements and other
conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE GADOL SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THE GADOL SERVICES ARE PROVIDED BY GADOL ON AN
“AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
AMAZON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE GADOL SERVICES, OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GADOL
SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE
THAT YOUR USE OF THE GADOL SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GADOL DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
GADOL DOES NOT WARRANT THAT THE GADOL SERVICES, INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON
OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GADOL SERVICES, GADOL’S
SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GADOL ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. GADOL WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF ANY GADOL SERVICE, OR FROM ANY
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY
GADOL SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE
SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES
Any dispute or claim relating in any way to your use of any Gadol
Service, or to any products or services sold or distributed by Gadol or
through Gadolng.com will be resolved by binding arbitration, rather than
in court, except that you may assert claims in small claims court if
your claims qualify. The Federal Arbitration Act and federal arbitration
law apply to this agreement.
There is no judge or jury in arbitration, and court review of an
arbitration award is limited. However, an arbitrator can award on an
individual basis the same damages and relief as a court (including
injunctive and declaratory relief or statutory damages), and must follow
the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting
arbitration and describing your claim to our registered agent The
arbitration will be conducted by the Nigeria Arbitration Panel (NAP)
under its rules, including the AAA’s Supplementary Procedures for
Consumer-Related Disputes. Payment of all filing, administration and
arbitrator fees will be governed by the AAA’s rules. We will reimburse
those fees for claims totaling less than N10,000.00 unless the
arbitrator determines the claims are frivolous. Likewise, Gadol will not
seek attorneys’ fees and costs in arbitration unless the arbitrator
determines the claims are frivolous. You may choose to have the
arbitration conducted by telephone, based on written submissions, or in
person in the county where you live or at another mutually agreed
location.
We each agree that any dispute resolution proceedings will be conducted
only on an individual basis and not in a class, consolidated or
representative action. If for any reason a claim proceeds in court
rather than in arbitration we each waive any right to a jury trial. We
also both agree that you or we may bring suit in court to enjoin
infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Gadol Service, you agree that the Federal Arbitration Act,
applicable federal law, and the laws of the state of Washington, without
regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and
Gadol.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on
this site. These policies also govern your use of Gadol Services. We
reserve the right to make changes to our site, policies, Service Terms,
and these Conditions of Use at any time. If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable, that
condition shall be deemed severable and shall not affect the validity
and enforceability of any remaining condition.
OUR ADDRESS
Agolen Marketing Services Ltd. (Gadol)
P.O. Box 12382
Ikeja, Lagos, Nigeria.
http://www.gadolng.com
How to Serve a Subpoena
If you have a subpoena to serve on Gadol, please note that Gadol does
not accept service via e-mail or fax and will not respond to the
subpoena. All subpoenas must be properly served on gadolng.com,
preferably by mailing the subpoena to Agolen Marketing Services Ltd
(AMS). Please find below the Lagos address for AMS:
Agole Marketing Services Limited.
121/123 Egbeda Idimu Road, Egbeda
Lagos, Nigeria.
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes
copyright infringement, please submit your complaint using our online
form . We respond quickly to the concerns of rights owners about any
alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
•A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
•A description of the copyrighted work that you claim has been infringed upon;
•A description of where the material that you claim is infringing is located on the site;
•Your address, telephone number, and e-mail address;
•A statement by you that you have a good-faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf.
Gadol’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Asemole Atogwe and Co.
Victory Plaza
Awolowo way, Lagos.
08033012766
Please note that this procedure is exclusively for notifying Gadol that your copyrighted material has been infringed.
Additional Gadol Software Terms
1. Use of the Gadol Software. You may use Gadol Software solely for purposes of enabling you to use and enjoy the Gadol Services as provided by Gadol, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Gadol Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Gadol Software or otherwise assign any rights to the Gadol Software in whole or in part. You may not use the Gadol Software for any illegal purpose. We may cease providing any Gadol Software and we may terminate your right to use any Gadol Software at any time. Your rights to use the Gadol Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Gadol Software that are specifically identified in related documentation may apply to that Gadol Software (or software incorporated with the Gadol Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Gadol Service is the property of Gadol or its software suppliers and protected by Nigerian and international copyright laws.
2.Use of Third Party Services. When you use the Gadol Software, you
may also be using the services of one or more third parties, such as a
wireless carrier or a mobile platform provider. Your use of these third
party services may be subject to the separate policies, terms of use,
and fees of these third parties.
3.No Reverse Engineering. You may not, and you will not encourage,
assist or authorize any other person to copy, modify, reverse engineer,
decompile or disassemble, or otherwise tamper with, the Gadol Software,
whether in whole or in part, or create any derivative works from or of
the Gadol Software.
4.Updates. In order to keep the Gadol Software up-to-date, we may offer
automatic or manual updates at any time and without notice to you.
5.Export Regulations; Government End Users. You must comply with all
export and re-export restrictions and regulations of the Department of
Commerce and other Nigerian agencies and authorities that may apply to
the Gadol Software. If you are a Nigerian Government end user, we are
licensing the Gadol Software to you as a “Commercial Item” as that term
is defined in the Nigeria Code of Federal Regulations, and the rights we
grant you to the Amazon Gadol are the same as the rights we grant to
all others under these Conditions of Use.
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