Terms of Use

1. Introduction 

Thank you for using EMAXIE! Our mission is to create a marketplace for a more convenient and flexible purchasing plan suitable to our Users irrespective of their purchasing power and also to create a secured way of ensuring your work/personal devices are in good working conditions in implementing your personal or business task. This we do by creating platforms such as CDCare from where you can access our CD Buy, CD Extended Warranty and CD Repair services (“Services”), all of which are equally available via our Websites for easy and productive access to Gadget(s) purchase and repair services to help you and those you work with feel and stay secured while using your devices.

 

These terms of use (“Terms”) cover your use and access to our services, mobile applications and websites ("Services"). Irrespective of your country of residence, your agreement is with EMAXIE LIMITED. Our Privacy Policy explains how we collect and use your information, our Terms and Conditions outlines your responsibilities when using our Services, our Users Agreement outlines your agreement with Emaxie, while our Proprietary Rights Infringement Reporting Procedures explains how you can lodge a Proprietary Rights Infringement complaint or claim and all of these put together constitute our Terms of Service. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, our Terms and Conditions, our User Agreement, and our Terms of Service.

 

By this Term, Emaxie grants you a right of use to access the Site and Site Services. This right is subject to and conditioned on compliance with the Site Terms of Use and, to the extent applicable, the rest of the Terms of Service and Emaxie may terminate any right it has granted to any Site User to access the Site and Site Services by providing notice, and the termination of such right shall be effective in accordance with the provisions of this Term and our Terms of Service

We try to keep our Site and the Site Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. In fact, we might even stop providing the Site or Site Services completely or stop providing certain features without notice.

You acknowledge and agree that the value, reputation, and goodwill of the Site depend on accuracy of User’s Account. You therefore agree as follows: IF EMAXIE DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT WHERE WE DEEM FIT, EMAXIE HAS THE RIGHT WHERE ALLOWED BY LAW AND YOU AGREE THAT EMAXIE WILL HAVE NO LIABILITY FOR CLOSING YOUR ACCOUNT WITHOUT ANY NOTICE OF THE REASON(S) FOR THE CLOSURE

2. User Account Registration 

To register a User Account for the purpose of using the Site, you must complete a User profile (“Profile”). You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.

 

You agree not to have or register for more than one Account without express written permission from us. We reserve the right to revoke the privileges of the Account or access to or use of the Site or Site Services, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating or maintaining your Profile or Account.

 

You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. By granting other Users permissions under your Account, including as a Team Member or Agency Member, you represent and warrant that:

a). the User is authorized to act on your behalf,

b) you are financially responsible for the User’s actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account, and

c). you are fully responsible and liable for any action of any User to whom you have provided any permissions and any other person who uses the Account, including making payments and entering into Service Contracts and the Terms of Service. If any such User violates the Terms of Service, it may affect your ability to use the Site. Upon closure of an Account, Emaxie may close any or all related Accounts.

 

When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on your own behalf or that of your business or Agency on the Site. You authorize Emaxie, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself or that of your business or Agency, which includes, but is not limited to, providing official government or legal documents.

 

When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize Emaxie to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if:

a) you are not authorized to use either or

b) the use would violate the Terms of Service.

 

3. Your Data & Your Permissions

When you use our Services, you provide us with things like your name, contacts, and so on (“Your Data”). Your Data is yours. These Terms does not give us any rights to Your Data except for the limited rights that enable us to offer the Services.

We need your permission to do things like create your profile as a user and provide you with features like Instalment Payment Plan for purchasing device(s) of your choice, Extended Warranty for your device(s) to provide you with longer period of enjoying free repair and maintenance services for your device and onsite or offsite repair services to help take off the burden of visiting a repair center before you can fix a bugging issue reducing your productivity while using your device(s). To provide these and other features, EMAXIE stores, and deploy Your Data. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

You are obligated to help us keep Your Data protected from your end by safeguarding your password to the Services, and keeping your account information current. Don’t share your account credentials or give others access to your account.

 

4. Your Responsibilities

Your use of our Services must comply with these Terms, our Terms and Conditions and our Terms of Service

EMAXIE may review your conduct and actions for compliance with these Terms and our Terms and Conditions. 

You may use our Services only as regulated by our terms and conditions and as permitted by applicable law and regulations. Finally, to use our Services, you must be at least 18 (or older, depending on where you live).

 

5. Your Comments and Ideas

You may submit comments or ideas about the Site and Site Services, including without limitation about how to improve the Site or Site Services (collectively, “Ideas”). By submitting any Ideas, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place Emaxie under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) you grant us a perpetual and royalty-free license to use the Ideas without any additional recourse or compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, Emaxie does not waive any rights to use similar or related ideas, including those known or developed by Emaxie or obtained from sources other than you.

6. Emaxie Intellectual Property

Even though we let you use the Site, we still retain all our rights, as detailed below:

Emaxie and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Site and the Site Services. The Emaxie logos and names are trademarks of Emaxie and are registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners.

Nothing in the Terms of Service grants you a right to use any Emaxie Marks or that of others displayed on our Site or Site Services.

7. Software

Some of our services allow you to use client software (“software”) which may update automatically, by this Term you agree not to reverse engineer or decompile the services, attempt to do so, or assist anyone in doing so.

 

8. Consent to Use Electronic Records

In connection with the Site Terms of Use, you may be entitled to receive certain records from Emaxie or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and our Services, you give us permission to provide these records to you electronically instead of in paper form.

 

To obtain, print and save our User Agreement and other Terms of Service, you must have access to a personal computer or equivalent equipment, widely-used recent-generation web browser and a printer capable of printing from your computer or equipment. Your ability to read and agree to this demonstrates that you have the necessary hardware and software to receive and save the Agreement and other Terms of Service.

 

To ensure that we are able to provide communications to you electronically, you agree to notify Emaxie immediately of any change in your email address by updating your User Account or by contacting Emaxie via email.

 

By accepting and agreeing to the User Agreement and other Terms of Service electronically, you represent that you have read and understood the above provisions and consent to receive records and notices electronically; and that have you satisfy the minimum hardware and software requirements and your consent will remain in effect until you withdraw your consent as specified above.

 

9. Our Stuff

Our Services are protected by copyright, trademark, and other Nigeria and foreign laws. These Terms does not grant you any right, title, or interest in our content or the content of our partners or the content of any third party contained in the Services, EMAXIE trademarks, logos and other brand features. We welcome feedback, however our use of any comments or suggestions is without any obligation to you.

 

10. Proprietary Rights Infringement Reporting Procedures

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged Proprietary Rights Infringement if they comply with the law and such notices should be reported using our Proprietary Rights Infringement Reporting Procedures. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged Proprietary Rights Infringement on the Services is:

 

Proprietary Rights Agent
Emaxie Limited

12 Adenekan Street, Fadeyi,

Igbobi, Lagos

Phone: +2348113651836

Email: support@cdcare.ng

 

11. Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

(a) you’re in breach of our Terms of Service,

(b) your use of the Services would cause a real risk of harm or loss to us or other users, or

(c) you’re in breach of our Terms and Conditions or our User Agreement

 

We’ll provide you with reasonable advance notice via the email address associated with your User Account to remedy the activity that prompted us to contact you and give you the opportunity to opt out from our Services and claim a refund if any. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services as we deem fit.

 

We won’t provide notice before termination where:

(a) you’re in material breach of these Terms,

(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or

(c) we're prohibited from doing so by law.

 

Unless both you and Emaxie expressly agree otherwise in writing, either of us may terminate your use of our Service in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided in our different terms and conditions or our User Agreement. You may provide written notice to:

Emaxie Limited

12 Adenekan Street, Fadeyi,

Igbobi, Lagos

Phone: +2348113651836

Email: support@cdcare.ng

 

In the event you properly terminate your use of our Site or Service, your right to use the Site and Services is automatically revoked, and your Account will be closed. If you attempt to terminate any Service Site use while having one or more active instalment agreement, you agree that

  1. you hereby instruct Emaxie to close any active instalment plan;
  2. you will continue to be bound by this Agreement and the other Terms of Service until all such instalment plan have closed on the Site;

  3. Emaxie will continue to perform those Site Services necessary to complete any active instalment plan or related transaction between you and Emaxie; and

  4. you will continue to be obligated to pay any amounts accruing or accrued but unpaid as of the date of termination or as of the closure of any open Service Contracts, whichever is later, to Emaxie for any Site Services or such other amounts owed under the Terms of Service.

 

Without limiting Emaxie’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke your access to the Site or Site Services, deny your registration, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if:

  1. you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service;

  2. we suspect or become aware that you have provided false or misleading information to us; or

  3. we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Emaxie or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity. If your Account is temporarily or permanently closed, you may not use the Site under the same Account or a different Account or reregister under a new Account without Emaxies’s prior written consent. If you attempt to use the Site under a different Account, we reserve the right to permanently close that account also.

12. Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond Emaxie’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can opt-out of our Services. If we discontinue the Services in this way before the end of any fixed term of instalment you have paid us for, we’ll refund the portion of instalment already paid but yet to receive Services for, in the event that we have already delivered the Service, we will place immediate demand for payment of the remaining money and where you fail to make payment, we will commence an action for the recovery of the devices(s) or recovery of the money yet unpaid as we deem fit at the time. EMAXIE reserves the right to decide which course of action to take at any time and without any recourse to you.

 

13. Account Data on Closure

Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data or other material you keep on the Site and that any closure of your Account may involve deletion of any content stored in your Account for which Emaxie will have no liability whatsoever. Emaxie, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.

 

14. Survival

After terminating your use of our Site or Service, the terms of your Agreement and the other Terms of Service that expressly or by their nature contemplate performance after your Account terminates will survive and continue in full force and effect. For example, the provisions requiring arbitration, protecting intellectual property, requiring indemnification, payment of instalment or fees, reimbursement and setting forth limitations of liability, each by their nature, contemplate performance or observance after a User’s Account terminates. Without limiting any other provisions of the Terms of Service, the termination of your Account, your use of our Site, Services and your Agreement for any reason will not release you or Emaxie from any obligations incurred prior to such termination or that thereafter may accrue in respect of any act or omission prior to such termination.

15. Services “AS IS”

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, EMAXIE AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

16. Limitation of Liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR EMAXIE’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN THE EVENT THAT WE ARE FOUND LIABLE, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT, HOWEVER, SUCH RIGHTS ARE ONLY ENFORCEABLE AGAINST THE ACTUAL MANUFACTURER OF THE GOODS YOU BOUGHT AND NEVER AGAINST EMAXIE. EMAXIE HOWEVER UNDERTAKES TO GIVE SUPPORT TO YOU IN MAKING YOUR CLAIMS AGAINST SUCH MANUFACTURER.

 

FOR THE AVOIDANCE OF ALL DOUBT, EMAXIE, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:

  1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR

  2. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT EMAXIE OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, EMAXIE, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

 

EMAXIE AND ITS PARTNERS AND AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

 

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF N20,000.00 (TWENTY THOUSAND NAIRA) OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT ORDERED SERVICE WITH EMAXIE.

 

17. Resolving Disputes

We want to address your concerns without needing a formal legal case. Before filing a claim against Emaxie, you agree to try to resolve the dispute informally by contacting support@cdcare.ng. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you agree to exploit arbitration in line with our Arbitration Procedure and it is only after arbitration fails that you may bring a formal proceeding in accordance with our procedure for such in our Terms of Service.

 

You and Emaxie agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought only in the Courts in Lagos State, Nigeria subject to our mandatory Arbitration provisions. Both you and Emaxie consent to venue and personal jurisdiction in such courts. If you reside in a country other than Nigeria with laws that give consumers the right to bring disputes in their local courts, this paragraph shall supersede those requirements.

 

AS A USER OF OUR SERVICES YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

You and Emaxie agree to resolve any claims relating to these Terms of Service through final and binding arbitration by a single arbitrator, except as we set forth under Exceptions to Agreement to Arbitrate. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.

Procedure

  • For the purposes of arbitration, the following provisions shall apply; 
  1. There shall be 1 Arbitrators, to be appointed in line with the Nigerian Arbitration and Conciliation Act

  2. The place of arbitration shall be in Lagos, Nigeria. 

  3. Proceedings shall be conducted in the English language. 

  4. The arbitral award shall be final and binding upon both you and Emaxie and the award in respect thereof may be entered as judgment in any court having jurisdiction provided always that this paragraph shall not operate to deny you or Emaxie the right to appeal the award in accordance with the applicable laws and rules of courts in Nigeria.

  • Costs and fees (other than attorney’s fees) associated with the mediation or arbitration shall be shared equally by you and Emaxie

  • You and Emaxie shall each be responsible for its attorney’s fee 

 

Exceptions to Agreement to Arbitrate

  1. any suit to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator;

  2. any suit to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed; or 

  3. any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

 

Either you or Emaxie may assert claims, if they qualify, in small claims court or other courts in Lagos, Nigeria. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of Lagos State Court to resolve your claim.

 

No Class Actions

You hereby agree that any arbitration will be limited to the Dispute between us and you individually. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS-ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

 

You may only resolve disputes with us on an individual basis, and may not bring a claim as a Claimant or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. Emaxie reserves the right to institute an action to stop any class action you may institute either by yourself or on your behalf.

 

You may opt-out of our foregoing arbitration provision by NOTIFYING US IN WRITING WITHIN 3 DAYS OF CREATING YOUR USER ACCOUNT. To opt-out, you must send a written notification to us at support@cdcare.ng, Attention: Legal, that includes (i) your User Account identification, (ii) your name, (iii) your address, (iv) your telephone number, (v) your email address and (vi) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 3-day time limit to opt-out of the above arbitration provisions.

 

18. Indemnification

This Section discusses your agreement to pay for any costs or losses we have as a result of a claim brought against us related to your use of the Site or Site Services or your illegal or harmful conduct, as detailed below.

You will indemnify, defend, and hold harmless Emaxie, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of:

  1. the use of the Site and the Site Services by you or your agents, including any payment obligations or default (described in our Terms of Service) incurred through use of the Site Services;

  2. any Service Contract entered into by you or your agents, including, but not limited to, our Extended Warranty or Repair Services, 

  3. failure to comply with the Terms of Service by you or your agents; 

  4. failure to comply with applicable law by you or your agents; 

  5. negligence, willful misconduct, or fraud by you or your agents; and

  6. defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents. For purposes of this Section, your agents include any person who has apparent authority to access or use your User Account demonstrated by using your username and password.

“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.

“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.

19. Controlling Law

These Terms will be governed by laws of the Federal Republic of Nigeria or Laws of Lagos State as the case may be.

 

20. Prevailing Language and Location

The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in Nigeria.

 

21. Entire Agreement

These Terms constitute the entire agreement between you and Emaxie with respect to the subject matter of our Terms of Service and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of the Terms of Service subject to specific provisions of our Terms of Use, Terms and Conditions and User Agreement. 

 

These Terms create no third-party beneficiary rights.

 

Your use of, or participation in, certain Services may be subject to additional terms, and such additional terms will be either listed in the User Agreement, Terms of Use or other relevant part of our Terms of Service or will be presented separately to you for your acceptance when you register to use such Services.

 

Our Services include the following, without limitation, CDBuy (a marketplace for purchasing wide range of devices), CD Extended Warranty, and CD Repairs. Emaxie may offer additional Services or may revise, cancel or discontinue offering any of the existing Services, at its sole and absolute discretion, from time to time, with or without advanced notification to you and this Agreement shall apply to all such additional or revised Services, where applicable.

 

Emaxie also reserves the sole and absolute right to cease offering any or all Services referenced herein at any time. Please review our Terms of Service carefully, including the Arbitration provision, which describes how Disputes shall be resolved between us, and which specifically provides that no class actions suits shall be brought under, or otherwise relative to, your Agreement with Emaxie.

 

You acknowledge and agree that our Terms of Service is subject to change by Emaxie in its sole and absolute discretion at any time, and any such changes will be posted on our Site or Mobile App.

 

Your continued use of the Site or participation in the Services offered, after the posting of revisions by us to our Terms of Service and User Agreement, will constitute your agreement to and acceptance of such revisions.

 

The headings in the different terms constituting the Terms of Service are included for ease of reference only and have no binding effect. Even though Emaxie drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favouring or disfavoring you or Emaxie because of the authorship of any provision of the Terms of Service.

 

22. Force Majeure

Emaxie will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labour disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.

 

23. Waiver, Severability & Assignment

Emaxie’s failure to enforce a provision is not a waiver of its right to do so later.

 

If and to the extent that any provision of the User Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in one jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

 

If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

 

User may not assign the Terms of Service, or any of its rights or obligations hereunder, without Emaxie’s prior written consent in the form of a written instrument signed by a duly authorized representative of Emaxie. Any attempted assignment or transfer in violation of these provisions will be null and void.

 

Emaxie may assign its rights to any of its partners, affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.  Emaxie may freely assign this Agreement and the other Terms of Service without User’s consent. 

Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

 

24. Modifications

We may revise these Terms from time to time to better reflect:

(a) changes to the law,

(b) new regulatory requirements, or

(c) improvements or enhancements made to our Services.

 

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

 

If you don’t agree to the updates we make, please cancel your User Account before they become effective. Where applicable, we’ll offer you a refund based on our Terms and Conditions and this Terms and Terms of Service and your account cancellation date.

By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

No modification or amendment to the Terms of Service will be binding upon Emaxie unless same is in writing and signed by a duly authorized representative of Emaxie or posted on the Site by Emaxie.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

We do not guarantee we will take action against all breaches of our users either for the breach of the Users Agreement or other Terms of Service

25. Account Management

Under EMAXIE's Terms of Use, you can manage your personal data, such as your account information, at any time. You should ensure that all personal data submitted is accurate. EMAXIE will make reasonable efforts to keep your personal data accurate, complete and up-to-date.

26. Disclaimer

We use cookies to improve user experience, and analyze traffic. For these reasons, we may share your site usage data with our analytics partners. By continuing to the site, you consent to store on your device all the technologies described in our Privacy/Cookies Policy. You can change your cookie settings at any time by clicking “Cookie Preferences.” Please read our Terms and Conditions and Privacy Policy for full details.

27. Access of The Site Outside Nigeria

Emaxie makes no representations that the Site is appropriate or available for use outside of Nigeria. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, Nigerian federal, state, and local laws and regulations, including, but not limited to, export and import regulations

User must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any device or service from our Site to any person without obtaining any and all required authorizations from the appropriate government authorities.

User also warrant that he/she is not prohibited from receiving Nigerian origin products, including services.

In order to access or use our Site or Services, User must and hereby represent that he/she is not:

    • a citizen or resident of a geographic area in which access to or use of the Site or Services is prohibited by applicable law, decree, regulation, treaty, or administrative act;
    • a citizen or resident of, or located in, a geographic area that is subject to Nigerian or other sovereign country sanctions or embargoes; or
      • an individual, or an individual employed by or associated with any person or entity who has been denied, blocked or debarred or otherwise declared by the relevant agency of the Nigerian government as ineligible to make payment to Nigeria or receive items from Nigerian by virtue of the Nigeran laws and regulations or other economic sanction rules of any sovereign nation.

      • User agrees that if his/her country of residence or other circumstances change such that the above representations are no longer accurate, that he/she will immediately cease using the Site and Services and his/her right to use the Site or Services will be immediately revoked.

 

28. Definitions

Terms not defined herein have the meanings described in the Site or elsewhere in the Terms of Service.

“Site” means, collectively, our website located at www.cdcare.ng, all affiliated websites, web apps and applications, including mobile websites and CDCare Mobile Applications, owned and operated by us, or successors in interest, or our Affiliates.

“Services” means, collectively, all services, applications and products that are accessible through the Site, including the CD Buy, CD Extended Warranty, and CD Repair Services, and all Emaxie offered services.

Emaxie Mobile Applications” means all mobile applications published by Emaxie or our Affiliates for access to or use of the Site or any Services.

“User Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other information that you or any Site Visitor or User post to any part of the Site or provide to Emaxie, including such information that is posted as a result of questions.

“You” means any person who accesses our Site, including a Site Visitor or User and including any entity or agency on whose behalf any such person accesses or uses our Site.

“Confidential Information” means those information described as confidential in our privacy policy

“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

“Payment Method” means a valid credit card issued by a bank acceptable to Paystack, a bank account linked to your Account, a PayPal account, a debit card, or such other method of payment as Paystack may accept from time to time in our sole discretion.

 “Substantial Change” means a change to the terms of the Terms of Service that reduces your rights or increases your responsibilities.

29. Questions

If you have any questions, complaints, or claims with respect to the Site and Services, please contact us via the details below

Emaxie Limited

12 Adenekan Street, Fadeyi,

Igbobi, Lagos

Phone: +2348113651836

Email: support@cdcare.ng