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TERMS & CONDITIONS

  1. General Agreeing to be bound by the terms and conditions below (“Terms of Use” or “Terms”). Retail Info may at its sole discretion modify this agreement at any time, and such modifications will be effective immediately upon posting.

Intellectual Property

  1. Intellectual property (including copyright and trademarks in the materials and Services) other than those belonging to any person, organisation, company or group displaying, listing or advertising in the Services are owned by Retail Info or its partners or affiliates (unless otherwise indicated) and you agree not to infringe on any intellectual property rights owned by Retail Info or anyone else.
  • Nothing contained in the Services (including granting you access to the Services) should be construed as granting any license or right to use any intellectual property displayed in the Services without the express written consent of Retail Info.

Use of Information in the Services

  1. Information contained in the Services is for your personal use only and may not be sold, redistributed or used for any commercial purpose (other than to correct or add information contained in the Services) including, but not limited to, the use of any business contact details for unsolicited commercial correspondence or the creation of customer lists. Any commercial use of this information requires the written consent of Retail Info. You may download material from the Services for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
  • You may not modify, copy, reproduce, republish, upload, post, data-mine, scrape, transmit or distribute in any way any material from Retail Info or the Services including code and software. You must not use the Services for any purpose that is unlawful or prohibited by these Terms of Use.

Security, Access & Accuracy of Information

  1. While Retail Info takes all reasonable efforts to ensure the protection, privacy and integrity of any information you may provide, no data transmission over the internet is totally secure and the possibility exists that this information could be unlawfully used or observed by a third party while in transit over the internet or while stored on Retail Info’s systems or in the Services. To the extent permitted by law, Retail Info disclaims all liability to you under the law should this occur.
  • As part of the Services, Retail Info may respond to user requests or provide information (such as business information requested by users) to users, by any of the following means:
  • i. Verbally
    • ii. Connecting a user directly to a business via telephone
  • iii. By sending an SMS message to the user
    • iv. By email
    • v. Over the internet, mobile phone application or other technological device.
  • Retail Info cannot give you any guarantee of the accuracy of any business information or entity contained in the Services, including but not limited to the availability of any special offer set out in any listing.
  • You are responsible for obtaining all necessary equipment and services equipment required to access and use the services.

Privacy

  1. Retail Info will collect and use any information in accordance with its Privacy Policy and users of the Services consent to the collection and use of information in accordance with this policy.

Links to other Websites, Business and Services

  1. In your use of the Services, you may access content from third parties (“Third Party Content”) via links to other websites or other forms of contact such as by telephone. Retail Info does not control Third Party Content and makes no representations or warranties about it. Retail Info does not accept any liability for the reliability, completeness or accuracy of any Third Party Content or for the privacy practices of the Providers of Third Party Content. You agree that by using the Services, you may be exposed to Third Party Content that could be false, offensive, indecent or otherwise objectionable. Under no circumstances will Retail Info be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You agree that you must evaluate, and bear all risks associated with, Third Party Content. Retail Info reserves the exclusive right in its sole discretion to add, decline or remove, without warning, any content, icon, link or other connection to Third Party Content.
  • By using Retail Info or the Services, you do not receive any ownership rights in the Third Party Content. You may not use, access or allow others to use or access the Third Party Content in any manner not permitted under the Terms, unless you have been specifically permitted to do so by Retail Info or by the owner of that Third Party Content, in a separate agreement.
  • Accessing Third Party Content from the Services should not be construed as granting any right or license to use Third Party Content.

Governing Law

  1. These Terms of Use are governed by and interpreted in accordance with the laws of Nigeria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of

Nigeria and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.

  • The invalidity or unenforceability of any of these Terms of Use will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect.
  • Any dispute or difference arising between the Parties with regard to this Agreement shall be first settled by negotiation. Should such negotiations fail, either Party shall refer the dispute to arbitration. Arbitration shall be in accordance with the provisions of the Lagos State Arbitration Law 2009.

User Submissions

  1. For any submission of content that you make, you warrant that you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate any law or the rights of any third party. You further agree to indemnify and hold harmless Retail Info against any and all claims, damages, legal fees and any other cost that may be incurred by Retail Info as a result of breaching this warranty.
  • By submitting any content to our Services, you hereby grant us a perpetual, worldwide, non- exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose including the waiver of any rights in your contribution.
  • Any content submitted to our Services may also be provided to or located at third party computers’ servers, websites or services.
  • You are solely responsible for any content that you submit post or transmit via or to our Services.
  • You agree not to post or submit anything to the services that:
  1. May contain any computer viruses, viruses or other types of harmful code including anything that compromises the security of the Services or may interfere, disrupt, damage or destroy any information, files or devices that belong to Retail Info;
  • may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;
  • contains sexually explicit content;
  • is defamatory;
  • makes use of offensive language or images; or
  • Characterizes violence as acceptable, glamorous or desirable.
  • Retail Info has no obligation to post any content that you or anyone else submits. In addition, Retail Info may, in its sole and unfettered discretion, edit, remove or delete any content that you post or submit.

Proprietary Rights

  1. You agree that all content and materials available on the Services is protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Services. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal, personal, non-commercial use of our Services.
  • You agree not to systematically retrieve data, including but not limited to addresses and phone numbers of businesses, or other content or any materials from our Services to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of “bots” or otherwise. You agree not to use of any of our trademarks as metatags on other web sites. You agree not to display any of our Services in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at privacy@retailinfo.com.ng. You may, however, establish ordinary links to the homepage of our Site without our written permission.

Discontinuity of Service

A. Retail Info reserves the right at any time to modify or discontinue, temporarily or permanently, any and/or all portion of our Services with or without prior notice. You agree that Retail Info will not be liable to you or to any third party for any modification or discontinuance of our Services.

Representations and Warranties

A. You hereby represent and warrant to us that:

  1. you have the full power and authority to enter into agreements and perform acts under these Terms.
  1. your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party. and
  1. you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of the Services.

Disclaimer of Warranties

You hereby agree that:

  1. If you use our Services, you do so at your own and sole risk. Our Service is provided on an “as is” and “as available” basis. Retail Info expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  • Retail Info does not warrant or guarantee that
  1. our Services will meet your requirements.
  1. our Services will be uninterrupted, timely, secure, or error-free.
  1. any information that you may obtain on our Services will be accurate or reliable.
  1. the quality of any products, services, information or other material purchased or obtained by you through our Services will meet your expectations.
  • any information you provide or Retail Info collects will not be disclosed to third parties.
  • any information available on or through the Services will be free of infection by viruses, worms, trojan horses or anything else with destructive properties
  • the information provided to you by Retail Info will be free of any technical or other mistakes, inaccuracies or typographical errors.
  • any errors in any data or software will be corrected by us or by third parties who provide such data or software such as maps.
  1. that the information available on or through the Services will not contain material which some individuals may deem objectionable. or
  • that the functions or services performed by the Services will be uninterrupted or error-free or that defects in Service will be corrected. It is the sole responsibility of the user to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage the user’s information or system.
  • If you access or transmit any content through the use of our Services, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions. and
  • No data, information or advice obtained by you in oral or written form from us or through or from our Services will create any warranty not expressly stated in these terms.

Limits on Liability

  1. You agree that Retail Info will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (even if Retail Info has been advised of the possibility of such damages), arising from, relating to or connected with.
  1. the use or inability to use our Services.
  1. the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into through or from our Services.
  1. disclosure of, unauthorized access to or alteration of your content.
  1. statements, conduct or omissions of any service providers or other third party on our Services. or
  • any other matter arising from, relating to or connected with our Service or these Terms.
  • Retail Info will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.
  • The Company’s aggregate liability to you or any third party in any matter arising from, relating to or connected with our Services is at the Company’s sole discretion.

Indemnity

You agree to defend, indemnify and hold Retail Info and its officers, directors and employees harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorney’s fees, incurred in connection with any suit or proceeding brought against us arising out of your use of the Services or alleging facts or circumstances that could constitute a breach of any provision of these Terms of Use by you. If you are obligated to indemnify us, Retail Info will have the right, in its sole and unfettered discretion, to control any action or proceeding and determine whether Retail Info wish to settle it, and if so, on what terms.

Retail Info’s® Additional Terms and Conditions of Use for All Business Listings and Advertisers

Additional Terms and Conditions of Use

These additional terms and conditions of use (“Additional Terms”) apply to all businesses who have or requested to have their business details supplied to Retail Info and/or listed on the Services, including free business listings, as well as to all others who choose to advertise with Retail Info, and/or on the Services (together in these Additional Terms defined as “Advertisers” or “you”).

In conjunction with the Terms of Use, these Additional Terms govern all Advertiser’s use of the business listing and finding service, that allow Advertisers to register and/or list your business with Retail Info so that users may locate your business when users make certain relevant queries to Retail Info, as well as any other form of advertising with Retail Info (together “Advertising Services”). Advertising Services include, but are not limited to, displaying certain information about your business from time to time, transferring or diverting calls to you and sending certain information to users of Retail Info through various methods such as SMS messages or emails.

These Additional Terms form an integral part of the above mentioned Terms of Use and all Advertisers must read these Additional Terms in conjunction with the Terms of Use. The definitions provided in the above Terms of Use also apply to these Additional Terms and reference to the Terms of Use herein includes reference to the Additional Terms. Moreover, the Advertising Services form part of the Services as defined in the above Terms of Use. As such, everything that applies to Services should, for the purposes of these Additional Terms, be read to also apply equally to Advertising Services irrespective of whether Advertising Services are mentioned separately to Services.

Please also note that further terms and conditions for Advertising Services may be contained in approved order forms and invoices for Advertising Services, promotional and other documentation provided to you by Retail Info or its authorised resellers (“Resellers).

Retail Info may at its sole discretion modify these Additional Terms at any time, and such modifications will be effective immediately upon posting the modified agreement on the Site. These Terms must be accepted and complied with by all who use the Services in any way.

General

  1. The Service is provided to you by Retail Info on an “as is”, “as available” basis subject to the provisions contained herein for your personal or business use only. Any other use or attempt to use the Service for other purposes, directly or indirectly, by you or by a third party is prohibited.
  • Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to both the Terms of Use and these Additional Terms. Your participation in the Service is conditional upon your acceptance of the stated Terms of Use and Additional Terms. Your acceptance of these Additional Terms is indicated by your payment for the Service or, should payment not be required, then by your request, registration or submission to us to list your business or advertise your business with Retail Info.
  • If at any time these Additional Terms are no longer acceptable to you, you should immediately terminate your subscription to the Service in writing and submit at business@retailinfo.com.ng

Registering for Advert & Services

  1. The Services may only be offered to you by Retail Info or by Resellers.
  • You must provide accurate, complete, and current registration information and you agree to provide the Advertising Service with an update of that information promptly should changes occur.
  • Subscriptions to the Service are available only to individuals who are at least 18 years of age or to incorporated businesses, sole traders, trusts, partnerships or associations owned or operated by individuals who are at least 18 years of age.
  • Retail Info will, at its absolute discretion, determine the categories, key words and anything else used to categorize or describe businesses for the purposes of users finding them by using the Services. Moreover, Retail Info may change at any time its methods and algorithms used to help users find the information they are looking for, including changes to business categories and classifications as well as to various key words or terms. Service providers further agree as a condition for with Retail Info that Retail Info reserves the right to re-classify Content, entitling Retail Info to withdraw Content from one category and to re-publish Content in another category.
  • Retail Info may terminate, at its own discretion, any registration or Service whether active or inactive, including without limitation any or all related information, communications, postings, web pages, websites or services, at any time, without notice, for any reason or no reason, including without limitation for conduct that violates local, state or federal laws or regulations or the Terms, or material that Retail Info, at its own discretion, believes is harmful to others, the business of Retail Info or other third party information or service providers.
  • Upon submission, registration or request to use the Service and on an ongoing basis, you will be asked to provide certain business and other information in order for you to effectively advertise on Retail Info. For Retail Info to properly communicate with you and for other purposes such as billing (together “Content”). For further details on the type of information we collect and how we use the information, please see our Privacy Policy and the Terms, in particular Section 11 below.
  • You assume all risk and responsibility for determining whether any and all Content is in the public domain, regardless of any notices which may be posted on such Content (“Public Content”).
  • Any information supplied by you upon registration for the Service and certain other information which we may collect is subject to our Privacy Policy in Section 11 below.
  1. Retail Info reserves the right to charge a set-up and/or administration fee from your account upon registration or upon renewal of the Service but will only do so by first providing you with notice of any such charge.
  • As a registrant of the Service, you acknowledge that there is no guarantee that your Public Content will be located or used by users of Retail Info, nor is there any obligation on Retail Info to make sure that users locate or use your Public Content.
  • You further acknowledge that there may be other Service providers’ Public Content or other business information provided to Retail Info that may, at any time and for any reason, be shown to users ahead of or instead of your Public Content.

Service Provider Conduct

  1. You, as a Service provider and user of the Service, understand that all information contained in your Content, whether publicly posted or privately transmitted, is your sole responsibility. This means that you are responsible and may be held legally liable for all Content that you upload, post or otherwise transmit via the Service or other Services.
  • Retail Info does not control, actively monitor or review the Content uploaded, posted, transmitted or made available on or through the Service and Retail Info will not be responsible for any Content and does not guarantee the accuracy, integrity or quality of such Content.
  • Service providers agree at all times to deal with any Services, information or products provided by Retail Info or accessed via Retail Info or its Services in a manner which complies with all applicable laws (including privacy and copyright laws).
  • Service providers must ensure that all Content provided by them to Retail Info comply with the Terms, all applicable legislation, regulations, by-laws, ordinances or codes of conduct, including but not limited to the Consumer Protection Council Act, Trade Malpractices (Miscellaneous Offences) Act, National Information Technology Development Agency Act and similar laws applicable in the Federal Republic of Nigeria and the intellectual property rights of others. Service providers agree to keep Retail Info, its officers, employees and agents fully indemnified against any losses, costs, expenses, charges, damages or liabilities incurred in relation to any actions or claims brought by any person or entity against Retail Info, its officers, employees or agents as a result of an actual or alleged breach by a Service provider of any law, regulation, by-law or code of conduct, breach of another’s intellectual property rights or such other actions or claims brought as a consequence of your use of the Services.
  • Service providers may not assign or transfer any rights and obligations under these Terms to any other person or entity without Retail Info’s prior written approval. If a Service provider is a company, any change in that Service provider’s effective control will be deemed an assignment for the purpose of this clause.

Information Posted on the Advert Service

  1. By transmitting, uploading, posting or submitting any Content to the Services you:
  1. declare that any Public Content is not confidential, secret or proprietary information (which includes Company Name, Phone Number, Contact details, Website Address, Logo, Price List, Pamphlets etc)
  1. warrant that no other party has rights to the Content and that your transmission, posting, uploading or submission of the Content to the Service does not violate any copyright or other laws.
  1. in accordance with the Terms, with regard to any Public Content, irrevocably grant Retail Info a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose including the waiver of any rights in your contribution.
  • Retail Info will not be obligated to actively monitor, review, or otherwise control in any manner, the content users post, upload or transmit through the Services or directly to Service providers in any form.
  • Where applicable, and subject to the Terms, Retail Info will use all reasonable efforts to make a successful application for Services ready for public use as soon as practical but Retail Info will not be liable for any loss or damage incurred by an Service provider as a result of any failure or delay to do so.
  • Retail Info reserves the right, in its sole discretion, to refuse or remove any Content or other information available on or through the Services. Without limiting the foregoing, Retail Info will have the right to remove any Content or information that violates the Terms of Use or is otherwise objectionable in the Retail Info’s sole opinion.
  • By submitting Content or other information to the Service, you undertake full responsibility to.
  1. determine whether the information complies with your needs.
  1. determine whether you have adequate legal rights to store, reproduce or otherwise use the information in any manner contemplated by you. and
  1. comply with any legal obligations, including without limitation obligations imposed by copyright, trade secret, defamation, indecency, online conduct and acceptable content, privacy and export laws.

If you do not agree to these terms and the Terms of Use, do not request, submit or register to use the Services.

Third Party Content

  1. Some portions of the Services or the Services in general may include links to Third Party Content. Please see the Terms of Use above for further details.

Fees and Payments

  1. You agree to pay all applicable fees and charges incurred by you or any third party using your Service account (whether or not authorized by you) at the applicable billing rate during the period in which such fees and charges were incurred, including, but not limited to applicable taxes, and charges for any products or services offered for sale through the Service.
  • Except where otherwise specifically stipulated within these Additional Terms, you will be responsible for all charges associated with accessing and maintaining a connection to the Services in general (for example, charges imposed by an internet access provider, or your local telephone company).
  • Retail Info may offer a number of packages, payment methods and cancellation options. These options allow service providers to pay upfront for a certain amount of leads and, unless renewed, once the credit in their account is used up, the Services will be cancelled. Retail Info may, at is sole discretion, offer service providers the ability to automatically renew or top-up their current package or provide options for service providers to change their package. In all cases:
  1. Where a service provider’s account has daily spending limits imposed (“Daily Limits”), Retail Info reserves the right, in its absolute discretion, to increase, decrease or eliminate those Daily Limits should the service provider be receiving additional benefit beyond the value determined by the Daily Limit set by the service provider or for any other reason that Retail Info believes, in its absolute discretion, is detrimental to Retail Info or users of the Services. In no case will the Daily Limit exceed the amount of funds remaining in a service provider’s account for that particular package.
  1. The subscription amount paid by the service providers is the amount agreed to over the phone with Retail Info or a Reseller or on the order form or invoice provided at the time of sale including Value Added Tax (VAT) and any other applicable taxes set-up or maintenance fees, if any. The service provider will adhere to any payment terms contained in an order form or invoice or as otherwise agreed between the service provider and Retail Info or a Reseller over the phone.
  1. Nothing prevents Retail Info or its agents from taking any action necessary to recover unpaid fees and charges. In the event there is a need for Retail Info to collect its unpaid fees and charges, any costs associated with collecting unpaid fees (such as debt collectors’ or solicitors’ fees) will become the sole liability of the service provider. In this event, Retail Info may also submit a default application against the service provider with credit reporting agencies.
  1. The invoicing schedules for renewal will depend on the agreed package that the service provider purchases as per the order form, invoice or verbal agreement.
  • Payments for the Services will be invoiced in advance, that is, prior to the start of the Services being made available for public use. Where there are no credit terms with a service provider, Retail Info reserves the right to delay the commencement of making the Services available for public use until the service provider’s funds are received by Retail Info or a Reseller.
  • Retail Info reserves the right to change the structure, form and pricing of any of its packages at any point in time. However, once a particular package is fully paid for by a service provider, Retail Info will not alter the structure, form or pricing of that particular package without the prior consent of the service provider.
  • Retail Info reserves the right to change the structure, form and pricing of any of its packages at any point in time. However, once a particular package is fully paid for by an Advertiser, Retail Info will not alter the structure, form or pricing of that particular package without the prior consent of the Advertiser.
  • VAT and any other applicable taxes will be charged to the service provider for any package or other product or service purchased from Retail Info.
  • If you register for Services with a Reseller, it is possible based on your arrangement with that Reseller, that you will not be provided with a “Login” to amend your Content as such management of your account may be done by the Reseller on your behalf as part of the service they provide to you. A Login allows a service provider (or a Reseller or both depending on what was agreed) to login to the Services, amend details and track the leads it is receiving from users of the Services.
  • To become a registered user, you must provide a password and login name for your Login. You are entirely responsible if you do not maintain the confidentiality of your password and login name. In addition, you are entirely responsible for any and all activities that occur using your login name.
  • You agree to notify Retail Info as soon as you become aware of any unauthorized use of your login name or any other breach of security in connection with Retail Info, the Services or Services in general.
  • The Services will provide reporting to the service provider, or its authorized agent (e.g. a Reseller) through the Login. When the funds paid by the service provider for a particular package get close to full usage, Retail Info and/or its Reseller may issue the service provider with a notice, and subject to these Terms of Use, offer the option to renew, top-up or purchase a different package from Retail Info. All notices will be served in writing and will be sent by facsimile or electronic mail to the service provider at their respective addresses as specified on the order forms or in their Content.

Cancellation & Refund Policy

All funds paid to Retail Info by Service Professionals or businesses on activated transactions,

i.e. exchange of services for consideration, are final and non-refundable. All monies paid by our customers in form of cash are non-interest bearing. All the bonus or freebies are not

refundable. Unutilised and unclaimed wallet balance or bonus for a period of more than 364 days from the date of credit shall expire and stand forfeited. No refunds of credits will be processed after the expiry date. However, if Retail Info is not able to activate the customer’s account within 30days of receiving credit or customer has not be delivered absolutely any value, customer can send refund request to business@retailinfo.com.ng The request will be assessed within 3 working days and customer will hear from about next steps. All refund rights are reserved to Retail Info.

Disclaimer of Warranties

In addition to the Disclaimer of Warranties contained the Terms of Use above which will also apply to Services in the same manner they apply to Services:

  1. You expressly agree that entering or using of the Services is at your own risk. No warranty, representation, condition, undertaking or term – express or implied, statutory or otherwise – including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of the Service is given or assumed;
  • Retail Info makes no warranty or guarantee that the Services will: meet your requirements; generate additional leads; increase sales, business activity or profits or any other form of improvement for your business; lead to any exposure of your business or any keywords or other information contained in your Content and if such exposure does occur that the placement of your business information is ranked highly; or that the Services will be uninterrupted, timely, secure, or error-free.
  • Retail Info does not warrant or guarantee that any information available on or through the Services will: be free of infection by viruses, worms, trojan horses or anything else containing destructive properties; that the information available on or through the Services will not contain material which some individuals may deem objectionable; or that the functions or services performed by the Services will be uninterrupted or error-free or that defects in the Services will be corrected.
  • The Resellers make no warranty nor representation that they are employees of Retail Info or that they have any control over the operation of the Services or other Services offered by Retail Info;

Limits on Liability

  1. In no event will Retail Info be liable to any party for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising – in any way, shape or form – out of the availability, use, reliance on, inability to utilise or improper use of the Services or Services even if Retail Info has been

advised of the possibility of such damages or is negligent, and regardless of the form of action, whether in contract, tort, or otherwise.

  • In no event will Retail Info be liable to any party for any delays, inaccuracies, errors or omissions with respect to the Services or the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of information available on or through the Services or Services. You expressly agree that Retail Info will not be responsible or liable for any loss of data, nor will it be required to return any lost data, resulting from the suspension or deletion of user information, network or system outages, file corruption or any other reasons.
  • Retail Info urges you to maintain backup versions of your Content to guard against losses of any kind. You expressly agree that Retail Info will not be liable for any conduct by users of the Services or Services and will not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, uploaded, posted or made available on or through the Services or Services. You expressly agree to indemnify and hold harmless Retail Info, its subsidiaries, affiliates, officers, agents, co-branders and other partners, and its and their respective employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees and disbursements and court costs) arising from or in connection with your Content, your use of or connection to the Services or Services, your violation of these Terms, your violation of any rights of any third party in any way or your violation of any law.
  • Notwithstanding the above, Retail Info’s aggregate liability to the Service provider will be at Retail Info’s discretion.

Privacy

  1. The Service provider and/or any guarantor(s) agree that Retail Info may exchange information about the Service provider and guarantor(s) with those credit providers named in an application for a credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
  1. To assess an application by a Service provider,
  1. To notify other credit Providers of a default by the Service provider,
  1. To exchange information with other credit providers as to the status of this credit account, where the Service provider is in default with other credit providers, an
  1. To assess the credit worthiness of Service provider and/or any of its guarantor(s).
  • The Service provider consents to to collect overdue payment on commercial credit
  • The Service provider agrees that any personal data provided may be used and retained by Retail Info for the following purposes and for other purposes as will be agreed between the Service provider and Retail Info or required by law from time to time:
  1. The provision of Services or other related services,
  1. The marketing of Services and/or other products by Retail Info, its agents or distributors in relation to the Services,
  1. Analyzing, verifying and/or checking the Service provider’s credit, payment and/or status in relation to provision of Services or related services,
  • Our Services are designed to allow Service providers to make available to the general public the Public Content. Consequently, by submitting any Public Content, you thereby waive any privacy expectations you have with respect to our use of your information provided to us. If you do not wish to have your information about yourself viewed by or disclosed to others, please do not use our Services.

Use of Cookies and other Tracking Devices

  1. We use cookies to collect information about your use of our Website and Services, such as your browser type, your ISP or operating system, your domain name, your access time, the URL of the previous website you visited, your page views, your IP address, and the type of device that you use. We also track how frequently you visit our Website and use our Services. We use this information for Website analytics (including to determine which portions of our Website are used most frequently, what our users like/do not like), to assist us in determining relevant advertising (both on and off our Website), to evaluate the success of our advertising campaigns, and as otherwise described in this policy. Currently, we do not honour browser requests not to be tracked.
  • We may obtain your device ID, which is sent to Retail Info’s servers and used in fraud prevention efforts.

Cookies: We collect information from you by using cookies. A cookie is a small file stored on user’s computer hard drive containing information about the user. The cookie helps us analyze web traffic or informs you about your use of a particular website. Cookies allow web applications to respond to you as an individual, tailoring its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. When you visit the Website, we may send one or more cookies (i.e., a small text file containing a string of alphanumeric characters) to your computer that identifies your browser.

  • Some of these cookies may be connected to third-party companies or websites. The terms of use of such cookies are governed by this Policy and the privacy policy of the relevant third party company or website. For example, Google measures the performance of advertisements by placing cookies on your computer when you click on ads. If you visit the Website when you have such cookies on your computer, we and Google will be able to tell that you saw the ad delivered by Google. The terms of use of these cookies are governed by this Policy and Google’s Privacy Policy.

Disabling Cookies: You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline

cookies if you prefer. If you disable cookies you may be prevented from taking full advantage of the Website because it may not function properly if the ability to accept cookies is disabled.

Clear GIFs, pixel tags and other technologies: Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Website to, among other things, track the activities of Website visitors, help us manage content, and compile statistics about Website usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.