Welcome to the www.itsmadetoorder.com website and application (the “Site”). These Terms and Conditions (“Terms and Conditions”) apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.

This website is owned and operated by It’s Made To Order Ltd “The Company”.

The Site reserves the right, to change, modify, add, or remove portions of both the Terms and Conditions of Use and the Terms and Conditions of Sale at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes. Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification. You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.

For the purpose of this website “we”, us” and “our” all refer to www.itsmadetoorder.com.

By accessing the Site, you confirm your understanding of the Terms and Conditions and agree to comply with these terms and conditions. If you do not agree to these Terms and Conditions of use, please do not access, register with or use this Site.

 

MEMBERSHIP AND USE

www.ItsMadeToOrder.com wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable product. 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. 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 licence to use this Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for personal items 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 accurate and current information about yourself, and to 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

 

 

ACCOUNT AND REGISTRATION OBLIGATIONS

When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.

On becoming a member of the Site: • You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password.

  • You agree to immediately notify www.itsmadetoorder.com of any unauthorized use of your password or account or any other breach of security. In no event will www.itsmadetoorder.com be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password.
  • You may not use another person’s account at any time, without the express permission of the account holder.
  • You agree to reimburse www.itsmadetoorder.com for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.
  • You will provide true, accurate, current and complete information about yourself as prompted by www.itsmadetoorder.com’s registration form (the “Registration Data”).
  • In your registration user ID, you will not include: (i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word “It’s Made To Order”.
  • Your store name shall not include the word “It’s Made To Order”.
  • You will treat any other member’s information provided to you (in accordance with these Terms and conditions and the information on the Site) by www.itsmadetoorder.com or any other user as confidential.
  • You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if www.itsmadetoorder.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms and conditions, without prejudice to any other rights and remedies of www.itsmadetoorder.com under these Terms and conditions or at law, www.itsmadetoorder.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.

www.itsmadetoorder.com may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person’s authority to act on your behalf. You agree to provide any information and/or documentation to www.itsmadetoorder.com upon such requests. You acknowledge and agree that if you do not, www.itsmadetoorder.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.

Our aim is to ensure accessibility to the website at all times, however, we reserve the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

 

SUBMISSIONS

In order to post a comment, question, review, and suggestion or submit any content to www.itsmadetoorder.com you accept these Terms and conditions. www.itsmadetoorder.com does not guarantee any confidentiality with respect to any user submission, including your identity, regardless of whether a User Submission is posted or not, and you agree to allow (but not require) the use of your name or the name you submit to www.itsmadetoorder.com in connection with your user submissions.

In addition to the rights applicable to any submission, when you post comments, questions, suggestions, or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

 

OWNERSHIP AND GRANT RIGHTS

  1. You retain all of your ownership rights in your User Submissions except as specifically provided in this Clause 5 (a). By submitting your User Submissions to www.itsmadetoorder.com, you hereby grant www.itsmadetoorder.com a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, sub-licensable and transferable right to use, reproduce, distribute, prepare derivative works of, display, and perform any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the Site (the “Information”) for the purposes of operating and promoting the Site in accordance with these Terms and conditions, the Privacy Policy and www.itsmadetoorder.com’s (and its successors’ and affiliates’) business. You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information. www.itsmadetoorder.com is not required to designate you as the author or creator of your User Submission and you expressly waive any “artist’s rights” or “moral rights” you may have in your User Submission. You also grant each user of www.itsmadetoorder.com a non-exclusive right to access your User Submissions through www.itsmadetoorder.com, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of www.itsmadetoorder.com now and in the future, and under these Terms and conditions. The right grant from you for any User Submission is perpetual and irrevocable.
  2. www.itsmadetoorder.com grants you permission to access and use www.itsmadetoorder.com and User Submissions for your personal use solely as intended through the provided functionality of www.itsmadetoorder.com, and only in accordance with these Terms and conditions. www.itsmadetoorder.com retains all ownership rights in the www.itsmadetoorder.com name, trademarks, and logos and all related intellectual property rights. www.itsmadetoorder.com reserves all rights not expressly granted to you herein.

 

Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

 

 

 

ELECTRONIC COMMUNICATIONS

You agree that we may communicate with you by promotional and direct email, SMS, push notifications or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy the Laws of Nigeria that such communications be in writing. www.itsmadetoorder.com requires your agreement during the registration process to send you, www.itsmadetoorder.com and all of its divisions, subsidiaries, and affiliate operated Internet sites, promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the unsubscribe link provided in the email, but please note that some communication is necessary to complete a purchase/sale of an order and that you cannot opt out of this communication if you are purchasing or selling.

 

Changes to Terms

You acknowledge and agree that www.itsmadetoorder.com shall endeavor to give you notice for any amendment to these Terms and conditions that materially increases your obligations or decreases your rights under these Terms and conditions (“Substantial Amendment”) in accordance with the terms of these Terms and conditions. You acknowledge and agree that www.itsmadetoorder.com at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.

 

FEES

The Site is an e-commerce platform allowing for the sale and purchase of items between merchant sellers and buyers.

Membership on the Site is free. www.itsmadetoorder.com charges a transaction fee to all sellers when their item is successfully sold, and special fees for additional services agreed with the sellers.

Before you list an item for sale through the Site, we request you to review the Seller Contract sent to you or posted on the site to see what you will be charged. It’s Made To Order may amend the Commission Fees payable and will communicate the change two weeks in advance.

Unless otherwise stated, all Commission Fees shall be quoted in your country’s currency. You must pay all fees due and payable to www.itsmadetoorder.com (and any applicable taxes or charges) within 30 days of the date of the invoice via a valid payment method as set out on our Transaction Fees.

In case of non-payment of fees and/or any applicable taxes and charges by you to www.itsmadetoorder.com, without prejudice to any other rights and remedies of www.itsmadetoorder.com under these Terms and conditions or at law, www.itsmadetoorder.com without liability reserves the right to:

  • issue you with a warning regarding the non-payment in question;
  • temporarily or indefinitely suspend, limit or withdraw your access to the Site and/or your membership;
  • www.itsmadetoorder.com also reserves the right to take any necessary steps including legal action in case of non-payment of fees by you to www.itsmadetoorder.com;
  • for accounts over 30 days past due, deduct the amount owed from your account balance (and you acknowledge and agree to www.itsmadetoorder.com doing so in these circumstances) and confirm the same to you by email;
  • deduct from your account;
  • invoice you for a fixed late payment fee (as set out on our Commissions Page from time to time); or
  • take any steps www.itsmadetoorder.com considers necessary including without limitation legal action for recovery of the outstanding fees and/or any applicable taxes and charges.

 

Delivery

This Site is for delivery of products to customers within Nigeria and outside. 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

Our Return Policy is as contained in the document titled “Return Policy” on our Site.

 

 

PRIVACY

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We view protection of users’ privacy as a very important community principle. We store and process your information on computers that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. If you object to your information being transferred or used in this way please do not use our services.

 

USE OF SITE

While using the Site, you will not:

  • post Information or content or list items in an inappropriate category or areas on our Site;
  • post items you do not have a right to link to or include;
  • post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libelous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
  • post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another’s culture or make any other derogatory or inappropriate comments;
  • post counterfeit or stolen items;
  • post Information or items which infringe any third party’s intellectual property rights, other proprietary rights or right to privacy;
  • post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
  • post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
  • post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;
  • post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general law, rules, morals, values, ethics and traditions;
  • post Information or content or list items which may (in our sole discretion) threaten national security;
  • post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;
  • use “keyword spamming” in listing items for sale (when you place brand names or other inappropriate keywords in a tittle or description for the purpose of gaining attention or diverting members to a listing);
  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description or related matters after you purchased it, a clear typographical error is made, or you cannot authenticate the seller’s identity;
  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity;
  • attempt to conclude transactions relating to an offer for sale on the Site (including by cancelling an offer of sale) outside of the Site;
  • use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;
  • claim an item was not sold when in www.itsmadetoorder.com’s sole discretion the item was sold in accordance with these Terms and conditions and the Site’s policies;
  • in case of purchase of/placing a successful offer for an artwork which is marked as “non-exportable” on the Site you agree that the artwork shall not be exported out of (countries restrictions) or otherwise dealt in any such manner which shall be in contravention of any applicable laws and regulations for the time being in force;
  • manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
  • circumvent or manipulate our fee structure, or fees owed to www.itsmadetoorder.com;
  • take any action that may undermine the Site’s feedback systems
  • transfer your Site account (including feedback) and username to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site’s users;
  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • interfere or attempt to interfere with the proper working of the Site;
  • attempt to take over another user’s account or carry out any hacking or phishing of the Site or user accounts and related features;
  • export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
  • copy, modify, or distribute any content from the Site or otherwise infringe the Site’s copyright material and/or trademarks in any way;
  • violate any laws, rules, regulations, guidelines, third party rights or our policies;
  • abuse www.itsmadetoorder.com’s Shipping Policy , Listing Policy , or any of www.itsmadetoorder.com’s other policies or Terms and conditions posted on the Site from time to time;
  • offer for sale any item for which you do not have the license, right or authority to sell;

o items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user’s interest or health;

You undertake, represent and warrant that:

  • you are 18 years of age or over the age of 18 years or are accessing the Site under the supervision of a parent or legal guardian;
  • if you are a corporate representative, you have authority to bind the corporate entity;
  • you are the sole and exclusive legal and beneficial owner of all items of any description that you wish to offer for sale on the Site and you have complete right, title and authority to deal in and offer for sale such items;
  • you will inform www.itsmadetoorder.com of any postings, items or transactions which appear to be in violation of these Terms and conditions;
  • you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site;
  • information you provide on the Site in respect of items you wish to sell shall be as accurate as reasonably possible;
  • you will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the buying or listing processes, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass use of www.itsmadetoorder.com;
  • you will not use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
  • you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information; and
  • you will not disclose or publicize any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.

 

COPYRIGHT

All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either www.itsmadetoorder.com, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of www.itsmadetoorder.com, is protected by copyright, trademarks, patents or other intellectual property rights and laws and may not be used downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited.

www.itsmadetoorder.com is not responsible for copyright infringement.

 

TRADEMARKS

“www.itsmadetoorder.com” and related logos, and other words and logos are either unregistered trademarks or registered trademarks of www.itsmadetoorder.com and are protected by international trademark and other intellectual property rights and laws. www.itsmadetoorder.com’s trademarks may not be used in connection with any product or service that is not www.itsmadetoorder.com’s nor in any manner that disparages or discredits www.itsmadetoorder.com. All other trademarks not owned by www.itsmadetoorder.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by www.itsmadetoorder.com

www.itsmadetoorder.com is not responsible for any intellectual property infringement.

 

BREACH OF TERMS AND CONDITIONS

Without prejudice to any other rights and remedies of www.itsmadetoorder.com under these Terms and conditions or at law or otherwise, www.itsmadetoorder.com may immediately and without liability: limit your activity, remove your offer, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, revoke any or all of your rights granted under these Terms and Conditions, and/or limit or withdraw your access to the Site:

  • If you breach these Terms and conditions;
  • If www.itsmadetoorder.com is unable to verify or authenticate any information you provide; or
  • If www.itsmadetoorder.com believes (in its sole discretion) that your actions may cause legal liability for you, other users or www.itsmadetoorder.com.

www.itsmadetoorder.com may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with www.itsmadetoorder.com or use the Site in any manner whatsoever until such time that such user is reinstated by www.itsmadetoorder.com. Notwithstanding the foregoing, if you breach these Terms and conditions www.itsmadetoorder.com reserves the right to recover any amounts due and owing by you to www.itsmadetoorder.com or any losses and damages caused by you to www.itsmadetoorder.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as www.itsmadetoorder.com in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of www.itsmadetoorder.com’s right to take any actions with respect to that, or subsequent or similar breaches. www.itsmadetoorder.com does not guarantee that it will take action against all breaches that there may be of these Terms and conditions.

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. 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 the Site or with any terms, conditions, rules, policies, guidelines, or practices of www.itsmadetoorder.com, your sole and exclusive remedy is to discontinue using the Site.

 

BUYING

All purchases on the Site are a commitment by you to complete the purchase of the item on which you have purchased. If you are the buyer for any item and your purchase is accepted by the seller, you are obligated to complete the transaction with the seller.

By purchasing an item you agree to be bound by the conditions of sale included by the seller in the item’s description on the Site (so long as those conditions of sale are not in violation of these Terms and conditions or are not in compliance with applicable laws). In case of consumer goods generally available in retail stores, sellers on the Site may or may not specify the normal retail prices of items being sold. You are advised to independently verify the retail prices of such items if you so desire.

You agree not to test the Site with false purchases, nor to use a false name, other false personal information or use an unauthorized or known invalid credit card to purchase. Without prejudice to the rights and remedies available to www.itsmadetoorder.com under these Terms and conditions or at law, www.itsmadetoorder.com may take such steps as it deems appropriate or necessary including taking legal action against users who intentionally enter erroneous, fictitious or fraudulent purchases. Please be aware that even if you do not give www.itsmadetoorder.com your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.

 

SELLING

As a registered member of the Site, you may list item(s) for sale on the Site. You may only offer for sale or sell item(s) on the Site in compliance with applicable laws and you must be legally able to offer for sale or sell such items under applicable laws. The price of an item is inclusive of all taxes. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Site. The listing description of the item must not be misleading and must describe the actual current condition of the item. If the item description does not match the actual current condition of the item, you agree to refund any amounts in relation to that item that you may have received from the buyer. You agree not to list a single item multiple times for sales, including without limitation across various categories on the Site. You acknowledge and agree that www.itsmadetoorder.com has the right to delete such multiple listings of the same item.

You are legally obligated to complete the sale with the buyer for every order received. Without limiting any rights or remedies available to www.itsmadetoorder.com under these Terms and conditions or at law, www.itsmadetoorder.com may suspend, limit or withdraw your access to the Site and/or your membership of the Site if you do not comply with these Terms and Condition and/or are found to have engaged in false or fraudulent activity in connection with the use of the Site.

 

WITHDRAWAL OF ACCESS AND/OR MEMBERSHIP

Without prejudice to any other rights and remedies of www.itsmadetoorder.com under these Terms and conditions or at law or otherwise, www.itsmadetoorder.com may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of these Terms and conditions.

 

NO WARRANTY

www.itsmadetoorder.com provides the Site and its services on an “as is” and “as available” basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. www.itsmadetoorder.com makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. www.itsmadetoorder.com makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work, or definitely closed. You agree that www.itsmadetoorder.com has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.

 

LIMITATION OF LIABILITES

To the extent permitted by law, www.itsmadetoorder.com, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or these Terms and conditions (however arising, including negligence or otherwise and whether or not www.itsmadetoorder.com has been advised of the possibility of such losses or damages).

If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to www.itsmadetoorder.com and www.itsmadetoorder.com shall treat any such unauthorized use as subject to the terms and conditions of these Terms and conditions

 

INDEMNITY

You agree to indemnify and hold www.itsmadetoorder.com and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of these Terms and conditions, or your violation of any law or the rights of any third party, including without limitation any copyright, property, or privacy right. Your indemnity obligation survives these Terms and conditions, your use of www.itsmadetoorder.com, or any termination of your www.itsmadetoorder.com user account.

 

RELATIONSHIP AND NOTICE

None of the provisions of these Terms and conditions shall be deemed to constitute a partnership or agency between you and www.itsmadetoorder.com and you shall have no authority to bind www.itsmadetoorder.com in any manner whatsoever.

Except as explicitly stated otherwise, any notices to www.itsmadetoorder.com from you shall be given by you by email to www.itsmadetoorder.com at order@itsmadetoorder.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by www.itsmadetoorder.com by return email. Any notices to you from www.itsmadetoorder.com shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 24 hours after any such email is sent.

 

DISPUTES

For disputes please send an email titled “Dispute” to order@itsmadetoorder.com

 

TRANSFER OF RIGHTS AND OBLIGATIONS

You hereby grant www.itsmadetoorder.com the right to, and irrevocably acknowledge and agree that www.itsmadetoorder.com may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under these Terms and conditions to any of its affiliates without requiring your further specific agreement. www.itsmadetoorder.com agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of www.itsmadetoorder.com, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under these Terms and conditions without the prior written consent of www.itsmadetoorder.com.

 

SEVERABILITY

If any clause of these Terms and conditions shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of these Terms and conditions. These Terms and conditions sets forth the entire understanding and agreement between you and www.itsmadetoorder.com with respect to the subject matter hereof.

No person who is not a party to these Terms and conditions shall have any right to enforce any term of these Terms and conditions. If these Terms and conditions is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.

 

GOVERNING LAW

These Terms and conditions is governed by, and construed in accordance with, the Laws of the Federal Republic of Nigeria. This clause will survive any expiry or cancellation of these Terms and conditions for any reason.

 

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 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 to any third party.