Terms of Service
Introduction
Welcome to www.gabvichomes.com The services that GABVIC HOMES &
PROPERTIES LIMITED {hereinafter the “Site”] provides to its User is subjected to the following Terms of Service (“TOS”).
GABVIC HOMES & PROPERTIES LIMITED reserves the right to update the TOS at any time without notice to User. The most current version of the TOS can be reviewed by clicking on the “Terms of Service”
A. This Agreement, which incorporates by reference other provisions applicable to use of our Website, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in Company’s Website, sets forth the terms and conditions that apply to use of Company’s Website by User. By using the Company’s Website, the User agrees to comply with all of the terms andconditions hereof. The right to use Company’s Website is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
B. GABVIC HOMES & PROPERTIES LIMITED shall have the right at any time to change or discontinue any aspect or feature of Company’s Website without notice to the User, including, but not limited to, content, hours of availability, and equipment needed for access or use.
- Changed Terms
GABVIC HOMES &PROPERTIES LIMITED shall have the right at any time to change or modify the terms and conditions applicable to User’s use of Company’s Website, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Company’s Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Company’s Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions. - User Conduct
A. User shall use Company’s Website for lawful purposes only. User shall not use Company’s Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with GABVIC HOMES & PROPERTIES LIMITED. User shall not post or transmit through Company’s Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without GABVIC HOMES & PROPERTIES LIMITED‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in GABVIC HOMES & PROPERTIES LIMITED’s discretion restricts or inhibits any
other User from using or enjoying Company’s Website will not be permitted.
B. Company’s Website contains trademarks, copyrighted material and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Company’s Website are copyrighted as a collective work under the copyright laws of the Federal Republic of Nigeria. GABVIC HOMES & PROPERTIES LIMITED owns a copyright in the selection, co-ordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of GABVIC HOMES &PROPERTIES LIMITED and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on Company’sWebsite any material protected by trademark, copyright, or other proprieties right without the express permission of the owner of the trademark, copyright or other propriety right and the burden of determining that any material is not protected by trademark rests with User. User shall be solely liable for any damage resulting from any infringement of trademark, copyrights, propriety rights, or any other harm resulting from such a submission. By submitting material to any public area of Company’s Website, User automatically grants, or warrants that the owner of such material has expressly granted GABVIC HOMES & PROPERTIES LIMITED the royalty-free, access, irrevocable, non- exclusive right and license to use, reproduce, modify, present, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any trademark that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants GABVIC HOMES & PROPERTIES LIMITED the right to edit, copy, publish, recreate and distribute any material made available on Company’s Website by User. The foregoing provisions of Clause 3 are for the benefit of GABVIC HOMES & PROPERTIES LIMITED, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. - Services
Through its Web property, GABVIC HOMES & PROPERTIES LIMITED provides User with access to a variety of resources, including download areas, communication forums and product information. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOS. - Use of Services
The Services may contain personal web pages, calendars, photo albums, e-mail services, bulletin board services, chat areas, news groups, forums, communities, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, receive and send messages and any other material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
– You are either at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.
– Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
– Advertise or offer to sell or buy any goods/services for any business purpose, unless such Communication Services specifically allows such messages.
– Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
– Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
– Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
– Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party.
– Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
– Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
– Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
– Restrict or inhibit any other user from using and enjoying the Communication Services.
– Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses.
– Violate any applicable laws or regulations.
– Create a false identity for the purpose of misleading others.
– Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
GABVIC HOMES &PROPERTIES LIMITED has no obligation to monitor the
Communication Services.
However: – GABVIC HOMES &PROPERTIES LIMITED reserves the right at all times to disclose any information as it deems necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part, in GABVIC HOMES &PROPERTIES LIMITED’S sole discretion. GABVIC HOMES &PROPERTIES LIMITED reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
GABVIC HOMES & PROPERTIES LIMITED reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion.
Materials uploaded to the Communication Services may be subjected to
posted limitations on usage, reproduction or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services. GABVIC HOMES & PROPERTIES LIMITED does not control or endorse the content, messages or information found in any Communication Services and therefore GABVIC HOMES & PROPERTIES LIMITED specifically disclaims/dissociate from any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized GABVIC HOMES & PROPERTIES LIMITED spokespersons, and their views do not necessarily reflect those of GABVIC HOMES &PROPERTIES LIMITED.
5. User Account, Security and Password
If any of the Services requires User to open an account, User must complete
the registration process by providing GABVIC HOMES & PROPERTIES LIMITED with current, complete and accurate information as prompted by the applicable registration form.
User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account.
User agrees to notify GABVIC HOMES &PROPERTIES LIMITED immediately of any unauthorized use of User’s account or any other breach of security.
GABVIC HOMES &PROPERTIES LIMITED will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by GABVIC HOMES & PROPERTIES LIMITED or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
i. Change of Upline: Changing of upline after registration is not allowed except the current upline honorably agrees to that effect by writing to the company
ii. Reservations: GABVIC HOMES & PROPERTIES LIMITED hereby reserves the right to SUSPEND any independent marketer (consultant/Brokers) or DENY payment of commissions to any consultants at GABVIC HOMES & PROPERTIES LIMITED management’s discretion
iii. Commissions: Percentage of Commission paid to consultants on different estate during promos are subjected to review as when due by Gabvic Homes & Properties Limited.
iv. Request for Discounts
Consultants who request for discounts on behalf of their clients or whose clients call the Managing Director or Executive Director requesting for
discounts on any of GABVIC HOMES & PROPERTIES LIMITED Properties maybe subject to a reduction of commission from 15% to 10% pending the amount of the discount. Also, extra benefits and bonuses tied to promo will be forfeited
v. Opt-Out: ANY registered consultant GABVIC HOMES & PROPERTIES LIMITED that no longer agree and accept to the terms and conditions should immediately request to opt out by sending a mail of the request to info@gabvichomes.com.
6. Equipment/Instruments
User shall be responsible for obtaining and maintaining all equipment i.e.
computer hardware, software, Telephones, Laptops, tablets and other equipment needed for access to and use of Company’s Website and all charges related thereto.
7. User Materials/User Submission to GABVIC HOMES & PROPERTIES LIMITED
GABVIC HOMES & PROPERTIES LIMITED does not claim ownership of the
materials User provide to GABVIC HOMES &PROPERTIES LIMITED (including/ suggestions/comments and feedbacks) and or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (individually or collectively submission) However, by posting, uploading, inputting, providing or submitting (“Posting”), User is granting GABVIC HOMES & PROPERTIES LIMITED, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all GABVIC HOMES & PROPERTIES LIMITED Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of User’s Submission, as provided herein. GABVIC HOMES &PROPERTIES LIMITED is under no obligation to post or use any Submission User may provide and GABVIC HOMES & PROPERTIES LIMITED may remove any Submission at any time in its sole discretion. By Posting a Submission, User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Services including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part, User warrant and represent that
(a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services,
(b) User have the rights necessary to grant the licenses and sublicenses
described in these Terms of Use, and
(c) that each person depicted in such Images, if any, has provided consent to
the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and
reproduction of such Images. By Posting Images, User is granting
(I) to all members of User’s private community (for each such Images available to members of such private community), and/or
(ii) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Services, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, worldwide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rightsto any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.
8. Indications to specific documents on the website
Permission to use Documents (such as forms, press releases, datasheets and
FAQs) from the Services is granted, provided that:
(A) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear.
(B) use of such Documents from the Services is for informational and non-
commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media.
(C) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
GABVIC HOMES & PROPERTIES LIMITED and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. GABVIC HOMES &PROPERTIES LIMITED and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall GABVIC HOMES & PROPERTIES LIMITED and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services. The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Gabvic Homes & Properties Limited and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
9. Disclaimer of Warranty; Limitation of Liability
A. User expressly agrees that use of Company’s Website is at User’s sole risk. Neither GABVIC HOMES & PROPERTIES LIMITED, its affiliates nor any of their respective employees, agents, third-party content providers or licensors warrant that Company’s Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of Company’s Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Company’s Website.
B. Company’s Website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that GABVIC HOMES & PROPERTIES LIMITED is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with User.
D. In no event will GABVIC HOMES & PROPERTIES LIMITED, or any person or entity involved in creating, producing or distributing company’s website or the GABVIC HOMES & PROPERTIES LIMITED software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use company’s website. User hereby acknowledges that the provisions of this section shall apply to all content on the site.
E. In addition to the terms set forth above neither, GABVIC HOMES & PROPERTIES LIMITED, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Company’s Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
F. unforeseen situation – neither party will be responsible for any failure or
delay in performance due to circumstances beyond its reasonable control,
including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
10. Links to other third-party sites
The links in this area may let you leave GABVIC HOMES & PROPERTIES
LIMITED’S site. The linked sites may not be under the control of GABVIC
HOMES & PROPERTIES LIMITED and GABVIC HOMES & PROPERTIES
LIMITED is not responsible for the contents of any linked site or any link
contained in a linked site, or any changes or updates to such sites that is not
within the control of GABVIC HOMES & PROPERTIES LIMITED.
GABVIC HOMES & PROPERTIES LIMITED is not responsible for webcasting or any other form of transmission received from any linked site that is not within the control of GABVIC HOMES & PROPERTIES LIMITED. GABVIC HOMES & PROPERTIES LIMITED is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GABVIC HOMES & PROPERTIES LIMITED of the site. GABVIC HOMES & PROPERTIES LIMITED is a distributor and not a publisher of content supplied by third parties and Users. GABVIC HOMES & PROPERTIES LIMITED has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers, Users or any other user of Company’s Website, are those of the respective author(s) or distributor(s) and not of GABVIC HOMES & PROPERTIES LIMITED. Neither GABVIC HOMES & PROPERTIES LIMITED nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through Company’s Website represents the judgments and opinions of the respective information provider, User, or other user not under contract with GABVIC HOMES & PROPERTIES LIMITED.
GABVIC HOMES & PROPERTIES LIMITED neither endorses nor is responsible for the accuracy or authentication of any opinion, advice or statement made on Company’s Website by anyone other than authorized GABVIC HOMES & PROPERTIES LIMITED employee spokespersons while acting in their official capacities. Under no circumstances will GABVIC HOMES & PROPERTIES LIMITED be liable for any loss or damage caused by a User’s reliance on information obtained through Company’s Website. It is the responsibility of User to evaluate the accuracy, Genuity, completeness or usefulness of any information, opinion, advice or other content available through GABVIC HOMES & PROPERTIES LIMITED. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
11. Monitoring/Investigating
GABVIC HOMES & PROPERTIES LIMITED shall have the right, but not the
obligation, to monitor the content of Company’s Website, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by GABVIC HOMES & PROPERTIES LIMITED and to satisfy any law, regulation or authorized government request. GABVIC HOMES & PROPERTIES LIMITED shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Company’s Website. Without limiting the foregoing, GABVIC HOMES & PROPERTIES LIMITED shall have the right to remove any material that GABVIC HOMES & PROPERTIES LIMITED, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
12. Unsolicited User Idea submission
GABVIC HOMES & PROPERTIES LIMITED or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when GABVIC HOMES & PROPERTIES LIMITED’S products or marketing strategies might seem similar to ideas submitted to GABVIC HOMES & PROPERTIES LIMITED. So, please do not send your unsolicited ideas to GABVIC HOMES & PROPERTIES LIMITED or anyone at GABVIC HOMES & PROPERTIES LIMITED. If, despite our request that you not send us your ideas and materials, you still send them, please understand that GABVIC HOMES & PROPERTIES LIMITED makes no assurances that your ideas and materials will be treated as confidential or proprietary.
13. Indemnity
User agrees to indemnify, protect and defend and hold harmless GABVIC
HOMES & PROPERTIES LIMITED, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of GABVIC HOMES & PROPERTIES LIMITED by User or User’s Account.
14. Arbitration/Law and Jurisdiction
This Agreement and any operating rules for Company’s Website established by GABVIC HOMES & PROPERTIES LIMITED constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Federal Republic of Nigeria without regard to its conflict of laws rules. Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigerian law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
15. Termination
Either GABVIC HOMES & PROPERTIES LIMITED or User may terminate this Agreement at any time. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination Without limiting the foregoing, GABVIC HOMES & PROPERTIES LIMITED shall have the right to immediately terminate User’s Account in the event of any conduct by User which GABVIC HOMES & PROPERTIES LIMITED, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
16. Copyrights / Trademarks
GABVIC HOMES & PROPERTIES LIMITED and its logos are trademarks of GABVIC HOMES & PROPERTIES LIMITED. All rights reserved. All other trademarks appearing on GABVIC HOMES & PROPERTIES LIMITED which do not exclusively belong to GABVIC HOMES & PROPERTIES LIMITED are the property of their respective owners.
This Terms and Conditions are created for and on behalf of GABVIC HOMES & PROPERTIES LIMITED by My Legal Solutions. (www.my-legalsolutions.com)