Terms and Conditions

 

1. Terms of website use

This page (together with any referred documents) explains the terms of use on which you may use our website, kiakiagas.com, whether as a guest or a registered user. By using our site, you accept these terms of use and agree to abide by them.

2. Privacy policy

Please see our privacy policy.

3. Information about us

kiakiagas.com is a site operated by Cnairo studios for kiakia gas company ("We"). For the purposes of this website, "seller", "we", "us" and "our" all refer Kiakiagas.com

4. Accessing our site

You confirm that you are at least 18years of age or are accessing the site under the supervision of a parent or legal guardian

Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.

We grant you a non-transferable, revocable and non-exclusive license to use this site, in accordance with the Terms and Conditions of Use, for such things as: shopping for liquefied petroleum gas and its related products sold on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.

These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited.

Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.

Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features; you agree to provide promptly update such information if there are any changes. Every user of the site is solely responsible for keeping passwords and other account identifiers safe and secure.

The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

During the registration Process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

5. Intellectual property rights

We are the owner or licensee of all intellectual property in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6. Reliance on Information Posted

Commentary and other materials posted on our site are not intended as advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

7. Accuracy of information

Our site contains information relating to us and our subsidiaries. All information or advice provided as part of our site is correct at the time of inclusion, but we make no representation or warranty as to the completeness, accuracy, currency, adequacy or suitability of that information. We are not liable for any action you may take, or for any loss or damage suffered, as a result of relying on such information or advice.

The information included in our site has been compiled from a variety of sources and is subject to change without notice. We recommend that you print these Terms and Conditions and update your records from time to time.

8. Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

9. Availability of our site

Due to the nature of the internet, we cannot guarantee that our site will always be accessible. Our site may be unavailable or suspended to allow for repairs, maintenance or the introduction of new facilities or services.

10. 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:

a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

b) 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:

(i) loss of income or revenue;

(ii) loss of business;

(iii) loss of profits or contracts;

(iv) loss of anticipated savings;

(v) loss of data;

(vi) loss of goodwill;

(vii) wasted management or office time; and

(viii) 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.

This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

11. Emails and Information sent to us

Any email or attachment sent to us will not be encrypted and we therefore do not accept any liability if emails sent by you are compromised (including, but not limited to, their security or confidentiality). We do not, to the extent permitted by law, accept any liability for any external compromise of security and/or confidentiality in relation to transmissions sent by email.

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 agree that all data provided by you is accurate.

13. Username and password

If you use our site, you are responsible for keeping your username and password confidential and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should inform us immediately if you have reason to believe that your password has become known to anyone else, or is likely to be used in an unauthorised manner.

Please ensure all details provided to us are accurate and complete. Inform us immediately of any changes to the information that you provided when registering.

We reserve the right to refuse access to the site, and to terminate accounts, remove or edit content or cancel orders at our discretion. If we cancel an order it will be without charge to you unless, due to your negligence, you have allowed unauthorised use of your username and password.

14. Linking to our site

You must not create links to any part of our site without our prior written permission. If you wish to request such permission, please email webmarketing@kiakiagas.com. Linked web sites, whether permitted or not, do not have implied affiliation with our site. If we grant you permission to create links to any part of our site, the website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

15. Copyright

All information presented, unless specifically indicated otherwise is under copyright to us or our licensors. Information is freely available for downloading and browsing but may not be altered, transmitted, distributed, reproduced, duplicated, copied, or re-sold without our prior written consent.

16. Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

17. Jurisdiction and applicable law

These Terms and Conditions of Use shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbritration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use will be referred and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.

The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party, Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any all of your rights granted under the Terms and Conditions of Use.

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 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. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.

If you are dissatisfied with Site or with any terms, conditions, rules, policies, guidelines, or practices of Cnairo Studios Nigeria Limited in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

SEVERABILITY

If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then the part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.

MISCELLANOUS PROVISIONS

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.

Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.

We reserve the right to transfer, assign or sub-contact the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.

18. Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

19. Your concerns

If you have any concerns about material that appears on our site, please contact us by email at webmarketing@kiakiagas.com

Thank you for visiting our site.

Account on-line module

Terms and conditions of sale (the “Terms”)

“Account Holder” – a customer who has an existing account with the company.

“Agreement” – these Terms and any other terms and conditions previously notified by the Company to the Account Holder that apply to the sale and supply of the Products and Services.

“Company” – means KiaKia Gas Nigeria Limited.

“Gas” - Liquefied Petroleum Gas (“LPG”) supplied to the Account Holder by the Company or by a distributor or a dealer of the Company.

“Services” - the delivery of Gas to the Account Holder’s address

“Product” – goods, Gas and products for sale on the kiakiagas.com web site.

 

Terms and Conditions of Sale

GENERAL

You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. You agree that if you are unsure of the meaning of any part of the Terms and Conditions of Sale, you will not hesitate to contact us for clarification prior to making a purchase.

These Terms and Conditions of Sale fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.

FORMATION OF CONTRACT

Both parties agree that browsing the website and gathering information regarding the services provided by the seller does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.

Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product.

Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.

ACCEPTANCE OF ELECTRONIC DOCUMENTS

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.

PRICES AND PRODUCTS

The Company takes reasonable care to ensure that all details are correct. The Company reserves the right to refuse orders where Product and Price information has been incorrectly published. Prices are inclusive of VAT unless otherwise stated.

We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.

Terms and conditions are applicable to account holders requesting LPG refill.

Kiakia gas reserves the right to change the price of her products displayed on the website at any time without prior notification.

DELIVERY

This Site is only for delivery of products to customers within Nigeria. We make every effort to deliver goods within the estimated timescales set out on our Site; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.

You agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.

RETURN POLICY

Please see our return policy.

INDEMNITY

You agree to indemnify us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions of Sale.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Sale shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Sale 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 Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.

The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

SEVERABILITY

If any portion of these Terms or Conditions of Sale is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Sale and shall not affect the validity or enforceability of any other section listed in this document.

MISCELLANEOUS PROVISIONS

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.

Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Sale to any third party is prohibited unless agreed upon in writing by the seller.

We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Sale to any third party.

© Kiakia Gas Nigeria Limited 2015

 

 


Kiakiagas.com is Nigeria’s first and largest online gas shop.

Payment Methods

We currently accept CASH ON DELIVERY, MASTERCARD, VERVE and PAYPAL.

Contact Us

info (@) kiakiagas.com
081 4000 5500

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