TERMS AND CONDITIONS

1.   Agreement toTerms     

1.1  These Terms andConditions constitute a legally binding agreement made between you, whetherpersonally or on behalf of an entity (you), and Distribution Hub Africa – DHA,(we, us), concerning your access to and use of the Distribution Hub Africa -DHA. (https://www.dhafrica.com) website as well as any related applications(the Site).  

The Site provides the following services: Online servicesconnecting customers and merchants, hotels/restaurants and clients together(Services). You agree that by accessing the Site and/or Services, you haveread, understood, and agree to be bound by all of these Terms andConditions.  

If you do not agree with all of these Terms and Conditions,then you are prohibited from using the Site and Services and you must discontinueuse immediately. We recommend that you print a copy of these Terms andConditions for future reference.  

1.2 The supplemental policies set out in Section 1.7 below,as well as any supplemental terms and condition or documents that may be postedon the Site from time to time, are expressly incorporated by reference.  

1.3 We may make changes to these Terms and Conditions at anytime. The updated version of these Terms and Conditions will be indicated by anupdated “Revised” date and the updated version will be effective as soon as itis accessible. You are responsible for reviewing these Terms and Conditions tostay informed of updates. Your continued use of the Site represents that youhave accepted such changes.  

1.4 We may update or change the Site from time to time toreflect changes to our products, our users' needs and/or our businesspriorities.  

1.5 Our site is directed to people residing in any part ofAfrica. The information provided on the Site is not intended for distributionto or use by any person or entity in any jurisdiction or country where suchdistribution or use would be contrary to law or regulation or which wouldsubject us to any registration requirement within such jurisdiction orcountry.   

1.6 The Site is intended for users who are at least 18 yearsold.  If you are under the age of 18, youare not permitted to register for the Site or use the Services without parentalpermission. 

1.7 Additional policies which also apply to your use of theSite include:   

2.   AcceptableUse    

2.1 You may not access or use the Site for any purpose otherthan that for which we make the site and our services available. The Site maynot be used in connection with any commercial endeavours except those that arespecifically endorsed or approved by us. 

2.2 As a user of this Site, you agree not to:  

 * systematicallyretrieve data or other content from the Site to a compile database or directorywithout written permission from us  

*  Make anyunauthorized use of the Site, including collecting usernames and/or emailaddresses of users to send unsolicited email or creating user accounts underfalse pretences  

* Circumvent, disable, or otherwise interfere withsecurity-related features of the Site, including features that prevent orrestrict the use or copying of any content or enforce limitations on theuse  

* Engage in unauthorized framing of or linking to theSite  

* Trick, defraud, or mislead us and other users, especiallyin any attempt to learn sensitive account information such as userpasswords  

* Make improper use of our support services, or submit falsereports of abuse or misconduct  

* Engage in any automated use of the system, such as usingscripts to send comments or messages, or using any data mining, robots, orsimilar data gathering and extraction tools 

* Interfere with, disrupt, or create an undue burden on theSite or the networks and services connected to the Site  

* Attempt to impersonate another user or person, or use theusername of another user  

* Sell or otherwise transfer your profile  

* Use any information obtained from the Site in order toharass, abuse, or harm another person  

* Use the Site or our content as part of any effort tocompete with us or to create a revenue-generating endeavour or commercialenterprise  

* Decipher, decompile, disassemble, or reverse engineer anyof the software comprising or in any way making up a part of the Site  

* Attempt to access any portions of the Site that you arerestricted from accessing  

* Harass, annoy, intimidate, or threaten any of ouremployees, agents, or other users  

* Delete the copyright or other proprietary rights noticefrom any of the content  

* Copy or adapt the Site’s software, including but notlimited to Flash, PHP, HTML, JavaScript, or other code  

* Upload or transmit (or attempt to upload or to transmit)viruses, Trojan horses, or other material that interferes with any party’suninterrupted use and enjoyment of the Site, or any material that acts as apassive or active information collection or transmission mechanism  

* Use, launch, or engage in any automated use of the system,such as using scripts to send comments or messages, robots, scrapers, offlinereaders, or similar data gathering and extraction tools  

* Disparage, tarnish, or otherwise harm, in our opinion, usand/or the Site  

* Use the Site in a manner inconsistent with any applicablelaws or regulations  

* Threaten users with negative feedback or offering servicessolely to give positive feedback to users 

* Misrepresent experience, skills, or information about aUser  

* Advertise products or services not intended by us 

* Falsely imply a relationship with us or another companywith whom you do not have a relationship  

3.   Information youprovide to us

3.1  You represent andwarrant that: (a) all registration information you submit will be true,accurate, current, and complete and relate to you and not a third party; (b)you will maintain the accuracy of such information and promptly update suchinformation as necessary; (c) you will keep your password confidential and willbe responsible for all use of your password and account; (d) you have the legalcapacity and you agree to comply with these Terms and Conditions; and (e) youare not a minor in the jurisdiction in which you reside, or if a minor, youhave received parental permission to use the Site.  

If you know or suspect that anyone other than you knows youruser information (such as an identification code or user name) and/or passwordyou must promptly notify us at info@dhafrica.com.

3.2 If you provide any information that is untrue,inaccurate, not current or incomplete, we may suspend or terminate youraccount. We may remove or change a user name you select if we determine thatsuch user name is inappropriate.  

3.3 As part of the functionality of the Site, you may linkyour account with online accounts you may have with third party serviceproviders (each such account, a Third Party Account) by either: (a) providingyour Third Party Account login information through the Site; or (b) allowing usto access your Third Party Account, as is permitted under the applicable termsand conditions that govern your use of each Third Party Account. 

You represent that you are entitled to disclose your ThirdParty Account login information to us and/or grant us access to your ThirdParty Account without breach by you of any of the terms and conditions thatgovern your use of the applicable Third Party Account and without obligating usto pay any fees or making us subject to any usage limitations imposed by suchthird party service providers. 

3.4  By granting usaccess to any Third Party Accounts, you understand that (a) we may access, makeavailable and store (if applicable) any content that you have provided to andstored in your Third Party Account (the “Social Network Content”) so that it isavailable on and through the Site via your account, including withoutlimitation any friend lists;  and (b) wemay submit and receive additional information to your Third Party Account tothe extent you are notified when you link your account with the Third PartyAccount.  

Depending on the Third Party Accounts you choose and subjectto the privacy settings that you have set in such Third Party Accounts,personally identifiable information that you post to your Third Party Accountsmay be available on and through your account on the Site. Please note that if aThird Party Account or associated service becomes unavailable or our access tosuch Third Party Account is terminated by the third party service provider,then Social Network Content may no longer be available on and through the Site.

You will have the ability to disable the connection betweenyour account on the Site and your Third Party Accounts at any time. Please notethat your relationship with the third party service providers associated withyour third party accounts is governed solely by your agreement(s) with suchthird party service providers.  We makeno effort to review any Social Network Content for any purpose, including butnot limited to, for accuracy, legality or non-infringement, and we are notresponsible for any Social Network Content. 

You acknowledge and agree that we may access your emailaddress book associated with a Third Party Account and your contacts liststored on your mobile device or tablet computer solely for purposes ofidentifying and informing you of those contacts who have also registered to usethe Site. At your email request to info@dhafrica.com or through your accountsettings (if applicable), we will deactivate the connection between the Siteand your Third Party Account and attempt to delete any information stored onour servers that was obtained through such Third Party Account, except theusername and profile picture that became associated with your account.     

4.   Content youprovide to us  

4.1 There may be opportunities for you to post content tothe Site or send feedback to us (User Content). You understand and agree thatyour User Content may be viewed by other users on the Site, and that they maybe able to see who has posted that User Content.  

4.2 You further agree that we can use your User Content forany other purposes whatsoever in perpetuity without payment to you, and combineyour User Content with other content for use within the Site and otherwise. Wedo not have to attribute your User Content to you. When you upload or postcontent to our site, you grant us the following rights to use thatcontent:    

4.3 In posting User Content, including reviews or makingcontact with other users of the Site you shall comply with our Acceptable UsePolicy __________.    

4.4 You warrant that any User Content does comply with ourAcceptable Use Policy, and you will be liable to us and indemnify us for anybreach of that warranty. This means you will be responsible for any loss ordamage we suffer as a result of your breach of this warranty. 

4.5 We have the right to remove any User Content you put onthe Site if, in our opinion, such User Content does not comply with theAcceptable Use Policy.  

4.6 We are not responsible and accept no liability for anyUser Content including any such content that contains incorrect information oris defamatory or loss of User Content. We accept no obligation to screen, editor monitor any User Content but we reserve the right to remove, screen and/oredit any User Content without notice and at any time. User Content has not beenverified or approved by us and the views expressed by other users on the Sitedo not represent our views or values 

4.7 If you wish to complain about User Content uploaded byother users please contact us at info@dhafrica.com or use the take down orreport button.     

5.   Our content    

5.1  Unless otherwiseindicated, the Site and Services including source code, databases,functionality, software, website designs, audio, video, text, photographs, andgraphics on the Site (Our Content) are owned or licensed to us, and areprotected by copyright and trade mark laws.  

5.2  Except asexpressly provided in these Terms and Conditions, no part of the Site, Servicesor Our Content may be copied, reproduced, aggregated, republished, uploaded,posted, publicly displayed, encoded, translated, transmitted, distributed,sold, licensed, or otherwise exploited for any commercial purpose whatsoever,without our express prior written permission. 

5.3 Provided that you are eligible to use the Site, you aregranted a limited licence to access and use the Site and Our Content and todownload or print a copy of any portion of the Content to which you haveproperly gained access solely for your personal, non-commercial use.  

5.4  You shall not (a)try to gain unauthorised access to the Site or any networks, servers orcomputer systems connected to the Site; and/or (b) make for any purpose includingerror correction, any modifications, adaption, additions or enhancements to theSite or Our Content, including the modification of the paper or digital copiesyou may have downloaded. 

5.5 We shall (a) prepare the Site and Our Content withreasonable skill and care; and (b) use industry standard virus detectionsoftware to try to block the uploading of content to the Site that containsviruses. 

5.6 The content on the Site is provided for generalinformation only. It is not intended to amount to advice on which you shouldrely. You must obtain professional or specialist advice before taking, orrefraining from taking, any action on the basis of the content on theSite.  

5.7 Although we make reasonable efforts to update theinformation on our site, we make no representations, warranties or guarantees,whether express or implied, that Our Content on the Site is accurate, completeor up to date.   

6.   Link to thirdparty content   

6.1 The Site may contain links to websites or applicationsoperated by third parties. We do not have any influence or control over anysuch third party websites or applications or the third party operator. We arenot responsible for and do not endorse any third party websites or applicationsor their availability or content.

6.2 We accept no responsibility for adverts contained withinthe Site. If you agree to purchase goods and/or services from any third partywho advertises in the Site, you do so at your own risk. The advertiser, and notus, is responsible for such goods and/or services and if you have any questionsor complaints in relation to them, you should contact the advertiser.     

7.    Site Management 

7.1  We reserve theright at our sole discretion, to (1) monitor the Site for breaches of theseTerms and Conditions; (2) take appropriate legal action against anyone inbreach of applicable laws or these Terms and Conditions; (3) refuse, restrictaccess to or availability of, or disable (to the extent technologicallyfeasible) any of your Contributions; (4) remove from the Site or otherwisedisable all files and content that are excessive in size or are in any way aburden to our systems; and (5) otherwise manage the Site in a manner designedto protect our rights and property and to facilitate the proper functioning ofthe Site and Services. 

7.2 We do not guarantee that the Site will be secure or freefrom bugs or viruses.

7.3 You are responsible for configuring your informationtechnology, computer programs and platform to access the Site and you shoulduse your own virus protection software.  

8. Modifications to and availability of the Site    

8.1 We reserve the right to change, modify, or remove the contentsof the Site at any time or for any reason at our sole discretion withoutnotice. We also reserve the right to modify or discontinue all or part of theServices without notice at any time.   

8.2 We cannot guarantee the Site and Services will be availableat all times. We may experience hardware, software, or other problems or needto perform maintenance related to the Site, resulting in interruptions, delays,or errors. You agree that we have no liability whatsoever for any loss, damage,or inconvenience caused by your inability to access or use the Site or Servicesduring any downtime or discontinuance of the Site or Services. We are notobliged to maintain and support the Site or Services or to supply anycorrections, updates, or releases.

8.3 There may be information on the Site that containstypographical errors, inaccuracies, or omissions that may relate to theServices, including descriptions, pricing, availability, and various otherinformation. We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information at any time, without priornotice. 

9. Disclaimer/Limitation of Liability    

9.1 The Site and Services are provided on an as-is andas-available basis. You agree that your use of the Site and/or Services will beat your sole risk except as expressly set out in these Terms and Conditions.All warranties, terms, conditions and undertakings, express or implied(including by statute, custom or usage, a course of dealing, or common law) inconnection with the Site and Services and your use thereof including, withoutlimitation, the implied warranties of satisfactory quality, fitness for aparticular purpose and non-infringement are excluded to the fullest extentpermitted by applicable law. 

We make no warranties or representations about the accuracyor completeness of the Site’s content and are not liable for any (1) errors oromissions in content: (2) any unauthorized access to or use of our serversand/or any and all personal information and/or financial information stored onour server; (3) any interruption or cessation of transmission to or from thesite or services; and/or (4) any bugs, viruses, trojan horses, or the likewhich may be transmitted to or through the site by any third party. We will notbe responsible for any delay or failure to comply with our obligations underthese Terms and Conditions if such delay or failure is caused by an eventbeyond our reasonable control.

9.2 Our responsibility for loss or damage suffered by you: 

Whether you are a consumer or a business user: 

* We do not exclude or limit in any way our liability to youwhere it would be unlawful to do so. This includes liability for death orpersonal injury caused by our negligence or the negligence of our employees,agents or subcontractors and for fraud or fraudulent misrepresentation.  

* If we fail to comply with these Terms and Conditions, wewill be responsible for loss or damage you suffer that is a foreseeable resultof our breach of these Terms and Conditions, but we would not be responsiblefor any loss or damage that were not foreseeable at the time you started usingthe Site/Services.  

Notwithstanding anything to the contrary contained in theDisclaimer/Limitation of Liability section, our liability to you for any causewhatsoever and regardless of the form of the action, will at all times belimited to a total aggregate amount equal to the greater of (a) the sum ofN50000 or (b) the amount paid, if any, by you to us for the Services/Siteduring the six (6) month period prior to any cause of action arising.   

If you are a business user: 

We will not be liable to you for any loss or damage, whetherin contract, tort (including negligence), breach of statutory duty, orotherwise, even if foreseeable, arising under or in connection with: 

* Use of, or inability to use, our Site/Services; or  

* Use of or reliance on any content displayed on ourSite.  

In particular, we will not be liable for: 

* Loss of profits, sales, business, or revenue;  

* Business interruption; 

* Loss of anticipated savings;  

* Loss of business opportunity, goodwill or reputation;or  

* Any indirect or consequential loss or damage.    

If you are a consumer user: 

* Please note that we only provide our Site for domestic andprivate use. You agree not to use our Site for any commercial or businesspurposes, and we have no liability to you for any loss of profit, loss ofbusiness, business interruption, or loss of business opportunity.

* If defective digital content that we have supplied, damagesa device or digital content belonging to you and this is caused by our failureto use reasonable care and skill, we will either repair the damage or pay youcompensation. However, we will not be liable for damage that you could haveavoided by following our advice to apply an update offered to you free ofcharge or for damage that was caused by you failing to correctly followinstallation instructions or to have in place the minimum system requirementsadvised by us.    

*  You have legalrights in relation to goods that are faulty or not as described. Advice aboutyour legal rights is available from your local Citizens' Advice Bureau orTrading Standards office. Nothing in these Terms and Conditions will affectthese legal rights.     

10. Term and Termination    

10.1 These Terms and Conditions shall remain in full forceand effect while you use the Site or Services or are otherwise a user of theSite, as applicable. You may terminate your use or participation at any time,for any reason, by following the instructions for terminating user accounts inyour account settings, if available, or by contacting us atinfo@dhafrica.com.  

10.2 Without limiting any other provision of these Terms andConditions, we reserve the right to, in our sole discretion and without noticeor liability, deny access to and use of the Site and the Services (includingblocking certain IP addresses), to any person for any reason including withoutlimitation for breach of any representation, warranty or covenant contained inthese Terms and Conditions or of any applicable law or regulation.  

If we determine, in our sole discretion, that your use ofthe Site/Services is in breach of these Terms and Conditions or of anyapplicable law or regulation, we may terminate your use or participation in theSite and the Services or delete your profile and any content or informationthat you posted at any time, without warning, in our sole discretion.  

10.3 If we terminate or suspend your account for any reason setout in this Section 9, you are prohibited from registering and creating a newaccount under your name, a fake or borrowed name, or the name of any thirdparty, even if you may be acting on behalf of the third party. In addition toterminating or suspending your account, we reserve the right to takeappropriate legal action, including without limitation pursuing civil,criminal, and injunctive redress.     

11.     MobileApplication     

11.1 If you access the Services via a mobile application,then we grant you a revocable, non-exclusive, non-transferable, limited rightto install and use the mobile application on wireless electronic devices ownedor controlled by you, and to access and use the mobile application on suchdevices strictly in accordance with the terms and conditions of thislicense.  

11.2 For business users only - You will not: 

(a) Reverse engineer, decompile or otherwise try to discoverthe source code of the software/application unless you have first written to usrequesting interoperability information and we have failed to provide you withthat information or if we have failed to offer to provide you withinteroperability information on reasonable conditions";  

(b) Make any modification, adaptation, improvement,enhancement, translation or derivative work from the application;  

(c) Breach any applicable laws, rules or regulations inconnection with your access or use of the application;  

(d) Remove, alter or obscure any proprietary notice(including any notice of copyright or trade mark) posted by us or the licensorsof the application;  

(e) Use the application for any revenue generatingendeavour, commercial enterprise, or other purpose for which it is not designedor intended;  

(f) Make the application available over a network or otherenvironment permitting access or use by multiple devices or users at the sametime;  

(g) Use the application for creating a product, service orsoftware that is, directly or indirectly, competitive with or in any way asubstitute for the application;  

(h) Use the application to send automated queries to anywebsite or to send any unsolicited commercial e-mail; or  

(i) Use any proprietary information or any of our interfacesor our other intellectual property in the design, development, manufacture,licensing or distribution of any applications, accessories or devices for usewith the application.  

11.3 The following terms apply when you use a mobileapplication obtained from either the Apple Store or Google Play (each an AppDistributor) to access the Services: 

(a) The licence granted to you for our mobile application islimited to a non-transferable licence to use the application on a device thatutilizes the Apple iOS or Android operating system, as applicable, and inaccordance with the usage rules set forth in the applicable App Distributorterms of service; 

(b) We are responsible for providing any maintenance andsupport services with respect to the mobile application as specified in theseTerms and Conditions or as otherwise required under applicable law. Youacknowledge that each App Distributor has no obligation whatsoever to furnishany maintenance and support services with respect to the mobile application;

(c) In the event of any failure of the mobile application toconform to any applicable warranty, you may notify an App Distributor, and theApp Distributor, in accordance with its terms and policies, may refund thepurchase price, if any, paid for the mobile application, and to the maximumextent permitted by applicable law, an App Distributor will have no otherwarranty obligation whatsoever with respect to the mobile application; 

(d) You represent and warrant that (i) you are not locatedin a country that is subject to a U.S. government embargo, or that has beendesignated by the U.S. government as a “terrorist supporting” country; and (ii)you are not listed on any U.S. government list of prohibited or restrictedparties; 

(e) You must comply with applicable third party terms ofagreement when using the mobile application, e.g., if you have a VoIPapplication, then you must not be in breach of their wireless data serviceagreement when using the mobile application; and 

(f) You acknowledge and agree that the App Distributors arethird party beneficiaries of these Terms and Conditions, and that each AppDistributor will have the right (and will be deemed to have accepted the right)to enforce these Terms and Conditions against you as a third party beneficiarythereof.   

12.    General       

12.1 Visiting the Site, sending us emails, and completingonline forms constitute electronic communications. You consent to receiveelectronic communications and you agree that all agreements, notices,disclosures, and other communications we provide to you electronically, viaemail and on the Site, satisfy any legal requirement that such communication bein writing.  

You hereby agree to the use of electronic signatures,contracts, orders and other records and to electronic delivery of notices,policies and records of transactions initiated or completed by us or via theSite. You hereby waive any rights or requirements under any statutes,regulations, rules, ordinances or other laws in any jurisdiction which requirean original signature or delivery or retention of non-electronic records, or topayments or the granting of credits by other than electronic means.  

12.2 These Terms and Conditions and any policies oroperating rules posted by us on the Site or in respect to the Servicesconstitute the entire agreement and understanding between you and us.   

12.3 Our failure to exercise or enforce any right orprovision of these Terms and Conditions shall not operate as a waiver of suchright or provision.   

12.4 We may assign any or all of our rights and obligationsto others at any time.  

12.5 We shall not be responsible or liable for any loss,damage, delay or failure to act caused by any cause beyond our reasonablecontrol.   

12.6 If any provision or part of a provision of these Termsand Conditions is unlawful, void or unenforceable, that provision or part ofthe provision is deemed severable from these Terms and Conditions and does notaffect the validity and enforceability of any remaining provisions. 

12.7 There is no joint venture, partnership, employment oragency relationship created between you and us as a result of these Terms andConditions or use of the Site or Services.

12.8 For consumers only - Please note that these Terms andConditions, their subject matter and their formation, are governed by Englishlaw. You and we both agree that the courts of Federal Republic of Nigeria willhave exclusive jurisdiction expect that if you are a resident of Nigeria, youmay also bring proceedings in Nigeria, and if you are resident of other Africancountry. If you have any complaint or wish to raise a dispute under these Termsand Conditions or otherwise in relation to the Site please contact us atinfo@dhafrica.com 

12.9 For business users only - If you are a business user,these Terms and Conditions, their subject matter and their formation (and anynon-contractual disputes or claims) are governed by English Law. We both agreeto the exclusive jurisdiction of the courts of Federal Republic ofNigeria.    

12.10 Except as stated under the Mobile Application section,a person who is not a party to these Terms and Conditions shall have no rightunder the Contracts (Rights of Third Parties) Act 1999 to enforce any term ofthese Terms and Conditions.

12.11 In order to resolve a complaint regarding the Servicesor to receive further information regarding use of the Services, please contactus by email at info@dhafrica.com or by post to: 

Distribution Hub Africa - DHA.  

FF B11 455 Nnebisi City Complex   

Asaba,  DeltaNigeria.  

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