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Kwale Hydrocarbon Nigeria Limited (�KHNL�), which term shall include its subsidiaries and other affiliates, having its registered office at 10, Maryland Business Plaza, Ikorodu Road, Lagos, Nigeria and a business office at No.252E, Muri Okunola Street, Victoria Island, Lagos, Nigeria, makes available:
(i) the �Site� or �Website� (being websites including but not limited to www.khnl-ng.com and all sub-domains thereof, and such other websites or sub-domains as may be determined and specified by KHNL for this purpose from time to time); and
(ii) �Software� (being software including software applications and mobile applications , if any)
which collectively comprise the �Services� (as further described in clause 1 hereunder).
Access to and use of KHNL�s existing Site, Software and Services, as well as any future Sites, Software or Services as provided by or on behalf of KHNL are governed by this Terms and Conditions of Seller�s Website & Services Usage Agreement (hereinafter referred to as �Agreement�).
This is a legally binding agreement between KHNL on one part and the user (which meaning shall also include the corporate body or other business entity acting through any agent or its duly authorized representative) of the Site, Software and Services on the other part and hereinafter referred to as �User�).
User confirms that it is at least 18 years of age, and that it is legally competent to enter into this Agreement. User also confirms that it has read, understood and agrees to be bound by this Agreement and the terms and conditions contained herein.
These Site, Software and Services are not intended to be used by persons below 18 years of age or any person who is incompetent to enter into contract.
KHNL does not knowingly collect Personally Identifiable Information (as defined in clause 2.1 hereunder) from persons or children under 18 years of age. Incase KHNL discovers or comes to know subsequently that a person under 18 years of age has provided it with Personally Identifiable Information, KHNL shall then within a reasonable period of time delete such Personally Identifiable Information from its computers, servers, and other relevant electronic storage devices.
If a User is a parent or a guardian and such User is aware that its child or ward below 18 years of age has provided KHNL with Personally Identifiable Information, then please contact KHNL immediately so that KHNL would then be able to take necessary remedial actions.
1 THE SERVICES
The �Services� constitute a technology platform that enables User to arrange for, schedule, place orders for, pay for, manage deliveries, perform trade in or perform associated activities in respect of liquefied petroleum gas or �LPG�. The Services may be provided by KHNL or third party service providers, including but not limited to independent third party software and information technology service providers and third party logistics providers. The Services are for the purpose of enabling and facilitating bulk purchase and trading of LPG. For the removal of doubts, the term Services when used in this Agreement shall also include a reference to Software and Site.
2.1 Personally Identifiable Information
For the purpose of this Agreement personally identifiable information means such information or data:
a. relating to a natural person, which when used on its own or along with other relevant information or data, is capable of identifying a natural person; the stated information may contain direct identifiers that can identify a natural person uniquely, or it may contain quasi-identifiers which when combined with other quasi-identifiers are capable of successfully identifying a natural person; and
b. such information is being or has been collected by KHNL from the User; and
c. such information may include but not be limited to User�s name, age, address, email address, phone number
(�Personally Identifiable Information�)
3 USER LICENSE
3.1 Subject to User�s compliance with the terms and conditions as provided in this Agreement, KHNL grants User a limited, revocable, non-exclusive, non-transferrable, non-sub licensable, license to:
a access and use the Services on User�s device solely in connection with User�s access of the KHNL�s services and products; and
b access and use any content, information and related materials that may be made available through the Services, in each case, solely for User�s personal use.
3.2 Any rights not expressly granted herein are reserved by KHNL
3.3 User may not:
a remove any copyright, trademark, or other proprietary notices from any portion of the Services.
b reproduce, modify, prepare derivative works based on, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit or make use of the Services except as expressly permitted by KHNL in this Agreement or otherwise in writing.
c decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law.
d link to, mirror or frame any portion of the Services.
e cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
3.4 At times, the Services may allow User to post, transmit, display, publish, distribute, or otherwise submit material or information, generated by it or by any third party, including, but not limited to, reviews of the Services (the �Submissions�). In such instance:
a User hereby grants KHNL royalty-free, irrevocable, worldwide, perpetual, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Submissions.
b User authorises KHNL to include the Submissions it provides in a searchable format that may be accessed by other users of the Services. User also grants KHNL the right to use any Personally Identifiable Information included with any Submission in connection with the use, reproduction or distribution of such Submission and KHNL�s provision of its products and services to User.
c User grants KHNL the right to use the Submission and any facts, ideas, concepts, know-how or techniques (�Knowledge�) contained in any Submission or communication User sends to KHNL for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. User grants all rights described in this paragraph in consideration of User�s use of the Services, without compensation of any sort.
4 USER ACCOUNT
4.1 Use of the Services may require User to register and/or create an account with KHNL on the Site, Software or otherwise (�Account�) to access the product and/or services being provided by KHNL through the Services. To register and create an Account, User must select an account designation (also referred to as user login identity) and password and provide certain Personally Identifiable Information. In consideration of the use of the Services provided by KHNL, User agrees to:
a provide true, accurate, current and complete information about itself as prompted by the registration form,
b maintain and promptly update the Personally Identifiable Information provided to keep it true, accurate, current and complete, and
c provide and maintain at least one valid payment method. If User provides any information that is untrue, inaccurate, not current or incomplete, or KHNL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KHNL has the right to refuse any and all current or future use of the Services (or any portion thereof). By creating an Account, User agrees that KHNL may send informational text (SMS) messages, email messages, or messages through other electronic forms of transmission, as a part of the business operations of KHNL and/or of User�s use of the Services.
4.2 User is responsible for maintaining the confidentiality and security of its Account and password, and User is fully responsible for all activities that occur by using such password and/or Account, and for any other actions taken in connection with such Account and/or password.
User agrees to �.
a immediately notify KHNL of any known or suspected unauthorized use(s) of its password or Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of its password, Account, or credit card related information or any other confidential or Personally Identifiable Information; and /p>
b ensure that it exits and logs out from its Account at the end of each session of its usage of the Service.
c KHNL will not be liable for any injury, loss, cost or damage of any kind arising from or relating to User�s failure to comply with clauses 4.2 (a) and (b) above, or for any acts or omissions by User or someone else using its Account and/or password.
4.3 KHNL developed the Services as commercial applications, and has proprietary rights to the same. The Service provided by KHNL is intended for use inter alia subject to the following instructions:
a This page is used to inform visitors to Site regarding KHNL�s policies regarding collection, use, and disclosure of Personally Identifiable Information, if anyone decides to use such Services.
4.4 Collection and Use
b The Services may use, or be integrated with, or may have interface with third party services, from time to time. Such third party services or third party service providers may collect information used to identify a User. User may therefore be additionally subjected to compliance with the privacy policies of such third-party service providers.
4.5 Log Data
a User is hereby informed and consents that whenever the Services are used, in case of an error in the Site and/or Software, KHNL will collect data and information (including through third party products and third party services providers) on and/or related to User�s device called log data (�Log Data�). This Log Data may include information, including but not limited to, such as the device�s Internet Protocol (�IP�) address, device name, operating system version, the configuration of the Site and/or Software when utilising the Services, the time and date of use of the Services, and other statistics.
b �Cookies� are files with a small amount of data that are commonly used as anonymous unique identifiers, and are sent to browsers from the websites that a user visits and are stored on a user�s device's internal memory. The Services do not use these �Cookies� explicitly. However, the Software may use third party codes and libraries that use �cookies� to collect information and improve their services. A User has the option to either accept or refuse these cookies and know when a cookie is being sent to its device. If a User chooses to refuse these cookies, the User may not be able to use some portions of this Service.
4.6 Service Providers
a KHNL may engage third-party service providers and/or individuals for the following purposes:
i To facilitate the Services;
ii To provide the Services on behalf of KHNL;
iii To perform activities related to the provision of the Services; or
iv To assist KHNL in analysing how Services are used.
b User is hereby informed and consents that that these third party service providers may have access to its Personally Identifiable Information. The reason for their access to such Personally Identifiable Information is to perform the tasks assigned to them on KHNL�s behalf. However, they are obligated not to disclose or use the information for any other purpose.
a KHNL values User�s trust in providing Personally Identifiable Information, thus KHNL strives to use commercially acceptable means of protecting it. User acknowledges that no method of transmission over the internet, or method of electronic storage is one hundred percent (100%) secure and reliable, and KHNL cannot guarantee its absolute security.
User hereby gives its unconditional consent to the processing of Personally Identifiable Information in accordance with the terms of this Agreement.
5 PAYMENT FOR SERVICES
5.1 User understands, acknowledges, and agrees that use of the Services may result in charges (�Charges�). Charges paid by the User are final and non-refundable, unless otherwise determined by KHNL. All Charges are due immediately and payment will be facilitated by KHNL using the payment method designated in User�s Account. If the payment method selected by User is determined to be expired, invalid or otherwise not able to be charged, the User agrees that KHNL may use a secondary or alternative payment method in the Account, if available.
5.2 KHNL, at its sole and absolute discretion, at any time, for any reason whatsoever, with or without notice, reserves the right to establish, modify, amend, change, remove and/or revise Charges for any or all Services. KHNL will use reasonable efforts to inform the User of Charges that may apply, however the User will be responsible for Charges incurred under or in relation to User�s Account regardless of User�s awareness of such Charges or the amounts thereof.
6 INDEMNITY AND WARRANTY
6.1 User agrees to indemnify and hold KHNL and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys� fees), arising out of or in connection with:
a its use of the Services;
b its breach or violation of any of the terms and conditions and other provisions contained in this Agreement;
c KHNL�s use of User�s Submissions or Account data or Personally Identifiable Information; or
d User�s violation of the rights of any third party through its use of the Services.
6.2 The information, content, products, services, and materials available through the Services provided by KHNL, and/or provided by a third party) are provided �as is� and �as available� without warranties of any kind, either express or implied. To the maximum extent permitted by law, KHNL disclaims all representations and warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. Additionally, KHNL makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services requested through the use of the Services. To the maximum extent permitted under the applicable law, User agrees that the entire risk arising out of its use of the Services, and any service requested in connection therewith, remains solely with User.
7 INTELLECTUAL PROPERTY RIGHTS
7.1 KHNL is the sole owner or licensee of all intellectual property on the Service(s), and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 User may print-out one copy, and may download extracts of any page(s) from the Service for personal reference and may draw the attention of others within User�s organization to material posted on the Service.
7.3 User shall not modify the paper or digital copies of any materials it has printed off or downloaded in any way, and User must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4 KHNL�s status (and that of any identified contributors) as the authors of materials on the Services must always be duly acknowledged by all users of such materials.
7.5 User must not use any part of the materials on the Services for commercial purposes without obtaining a license to do so from KHNL or KHNL�s licensors before using such materials for commercial purposes.
8 LIMITATION OF LIABILITY
8.1 In no event shall KHNL be liable to User for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any loss or damages whatsoever, including lost data, lost profits, property damage, or personal injury (even if KHNL has been previously advised of the possibility of such damages), whether in an action under contract, negligence, tort or under any other principle or theory, in any manner arising out of or in connection with the Services. KHNL assumes no responsibility and shall not be liable for any damages to, or viruses that may infect a User�s computer, phone, equipment, device or other property on account of its access to, use of, browsing of, or downloading of any material from the Services.
8.2 KHNL assumes no responsibility or liability in any manner whatsoever, arising out of or in connection with usage of any information and/or content, to the User or its use of or reliance on the Services or its inability to access or use the Services, delay or failure in performance of the Services, or material available on or through the Services, as well as any third party website pages or additional websites linked to via the Services for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, inaccuracy contained therein or harm to person or property caused thereby.
8.3 The limitations contained in this Clause 8 shall apply notwithstanding any failure of essential purpose of any limited remedy.
8.5 If User is dissatisfied with the Services or does not agree to any provisions of these terms and conditions as contained in this Agreement, User�s sole and exclusive remedy is to discontinue using the Services, except as may be otherwise provided for in this section 8.
9 DISPUTE RESOLUTION
User agrees that any dispute, claim or controversy arising out of or relating to these terms and provisions contained in this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (�Disputes�) will be settled by binding arbitration between User and KHNL, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party�s copyrights, trademarks, trade secrets, patents or other intellectual property rights. The arbitration will be administered by the Arbitration and Conciliation Act, Cap A18 Laws of the Federation of Nigeria, 2004 and Rules thereon.
10 Phone Calls/Emails Monitoring
Telephone calls using the telephone numbers provided via the Services and email correspondence with the Company at the email addresses accessible through, or discernible from, the Services may be recorded or monitored for quality standards and/or training purposes. By using such communication methods User consents to the recording or monitoring of the same.
11 GOVERNING LAW
This Terms are governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any choice of law rules which would refer this Agreement or any matter relating to this Agreement to the laws of another jurisdiction are not applicable to this Agreement.
12 ENTIRE AGREEMENT
13 NO WAIVER
The failure of KHNL to exercise or enforce any right or provision of the terms herein shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the terms or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
14 HEADINGS & CONSTRUCTION
The section titles in the terms are for convenience only and carry no contractual or legal effect whatsoever. The language in these terms shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
For questions regarding this Agreement the User can contact KHNL as below -
Name: Managing Director
Address: Plot 252E, Muri Okunola Street, Victoria Island, Lagos State, Nigeria.
KHNL (which term shall in the context of this Policy include its subsidiaries, affiliates, and related entities) shall collect information about a user of the Company�s Website, mobile applications, Software, and Services when such user of Services (�User�) utilises or avails of its Services and through other interactions and/or communications which such User has with the Company.
The Company is committed to ensuring that the User�s privacy is protected. Should the Company ask the User to provide certain information by which the User can be identified, the User can be assured that it will only be used in accordance with this Policy only.
Capitalised terms used in this Policy and not otherwise defined shall have the meanings provided for those terms in the Terms of Service.
2 COLLECTION& USE OF INFORMATION
2.1 The Company collects Information that the User provides directly to the Company, such as when the User creates or modifies its account, requests on-demand services, contacts customer support, or otherwise communicates with the Company. This information may include name, email address, phone number, postal address, payment method, delivery notes, order requests and other Information (including Personally Identifiable Information) User may provide or as may be requested.
2.2 The Company may collect any of the above-mentioned information using forms (physical and online), verbal instructions, emails, physical (in-person) requests, cookies (as defined below), JWT (JSON web token) and web tokens. Also, when a User accesses any Service, the Company�s servers may automatically record information that a User�s browser typically sends.
2.3 The Company�s primary goal in collecting Information shall include but not be limited to:
a keeping records and manage accounts;
b providing User with a requested service;
c monitoring, recording and storing telephone or email communication for the purpose of internal training, audit and compliance checking;
d improving quality of service(s);
e meeting legal or regulatory requirement(s);
f contacting User through email, SMS, phone call or mail for the purpose of account administration and/or processing and fulfilling orders and/or taking any payment for such order;
g customising the Service according to the User�s interest; and
h send promotional communication.
2.5 The use of third-party cookies is not covered by this Policy. The Company does not have access or control over such third-party cookies.
3 SERVICE ANNOUNCEMENTS
The Company may send the User service-related announcements when it is necessary to do so. Generally, User may not opt-out of these communications, which are not promotional in nature. If the User however does not wish to receive them, User has the option to deactivate the account.
4 CUSTOMER SERVICE
Based on the Information User provides the Company, the Company will send Customer a welcoming email to verify User�s username and password. The Company will also communicate with User, in response to the inquiries, to provide the services requested by User and to manage User�s account. The Company may communicate with the User by SMS/text message, push notification, or email, or other electronic forms of communication.
5 DISCLOSURE OF INFORMATION
5.1 The Company does not and will not sell User�s Personally Identifiable Information. The Company does not help third parties advertise their products to the User.
5.2 The Company may however share aggregated information that includes non-identifying Information and log data with third parties for industry analysis, demographic profiling and to deliver targeted advertising about other products and services.
5.3 The Company may employ third party service providers and companies, and individuals to facilitate the Company�s services, including: providing the services; delivering product on the behalf of the Company; processing payments, providing customer support services, providing geo-location information to the drivers; providing Service-related support functions (e.g., without limitation, maintenance services, database management, web analytics and improvement of the website�s and software applications� features); and assisting in analysing how the Company�s Services are used
5.4 These third parties have access to User�s Information only to perform these tasks on the Company�s behalf and are obligated not to disclose or use such Personally Identifiable Information for any other purpose. The Company may also provide Information to the Company�s business partners or other trusted entities for the purpose of providing User�s with information on goods or services the Company believes will be of interest to such User. A User can, at any time, opt out of receiving such communications by contacting those independent third parties service provider directly and KHNL does not assume the responsibility or liability for such independent third parties services provider.
5.5 KHNL cooperates with the government and law enforcement officials, as well as private persons to enforce and comply with the requirements of law. The Company will disclose any Information to government or law enforcement officials or private persons as it, in the Company�s sole discretion, believes is necessary or appropriate to respond to legal claims, process (including but not limited to subpoenas) and directives in order to protect the property and rights of KHNL or a third party, to protect the safety of the public or any person, to prevent or stop any activity that the Company may consider to be, or to pose a risk of being, an illegal, unethical or unlawful activity or to ensure adherence with the requirements of lawful authority
5.6 If the Company is involved in a merger, acquisition, or a sale of its services, User will be notified via email and/or via a prominent notice on any of the applicable Services of any change in ownership or uses of User Information, as well as any rights User may have regarding such Information.
6 USER�S RIGHTS
6.1 User�s consent is required for the processing of Personally Identifiable Information, and User shall be entitled to provide such consent in accordance with the Terms of Service.
6.2 User may correct or cancel its Information at any time by following the due procedure as prescribed by the Company. Please note that in some cases the Company may retain certain information about a User as is required by law, or for legitimate business purposes to the extent permitted by law.
6.3 The Company will comply with User�s requests regarding access, correction, and/or deletion of the Information stored, in accordance with applicable law and procedure as prescribed by the Company.
6.4 The Company requests User�s permission for the relevant Service�s collection of User�s precise location from User�s device as per the permission system used by User�s mobile device and its operating system or such other relevant software . If User initially permits the collection of this information, User can later disable it by changing the location settings on its mobile device. However, this will limit User�s ability to use certain features of the Company�s Services, including, but not limited to, limiting User�s ability to make orders.
6.5 The Company may also seek User�s permission for the Service�s collection and syncing of contact information from User�s device per the permission system used by User�s mobile device and its operating system or other relevant software. If User initially permits the collection of this information, an iOS or an Android device user can later disable it by changing the �contacts� settings on its mobile device..
6.6 The Company does not provide services or sell products to children below eighteen (18) years of age. If a User is below the age of 18, or where such User is not competent to enter into a contract then such User is not allowed to use the Services.
7 USER NAMES AND PASSWORDS
7.1 User�s access to parts of the Services may be protected by a user-name and a password. User shall not provide its password to anyone. If User enters any section of the Service that requires a password, User should log out when it leaves such section. As a safety precaution, User should also close their web browser completely and re-open it before re-accessing the Internet.
The Information the Company collects is securely stored in the Company�s databases, and the Company uses standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) for protecting Information. However, as effective as encryption technology is, no security system is impenetrable. The Company, therefore, cannot guarantee the security of the Company�s databases, nor can it guarantee that Information supplied won�t be intercepted while being transmitted to the Company or being transmitted by the Company over the Internet. As such, any Information transmitted by a User to KHNL is done at such User�s risk. The Company recommends that User does not disclose its password to anyone.
9 POLICY IS PART OF TERMS OF SERVICE
This Policy is an inseverable part of Terms of Service and therefore the two should be considered and read in conjunction with each other. User may view the Terms of Service on the Company�s website located at Terms and Conditions
10 CHANGES TO THIS POLICY
The Company may change this Policy from time to time on need basis and/or to comply with relevant laws and/or regulations. If the Company makes significant changes in the way it treats User Information, or to the Policy, KHNL will provide notice through the Services or by some other means, such as SMS/text message or email. User�s continued use of the Services after such notice constitutes implied consent to and acceptance of the changes effected in the Policy. The Company encourages User to periodically review the Policy for the latest information on its privacy practices.
11 VIOLATION OF PRIVACY
11.1. The Company has put in place procedures to deal with any suspected Information breach. The Company will notify affected Users of any of such breach as well as the steps taken to remedy the breach and the security measures the Company has applied to render User Information unintelligible as applicable.
11.2. All suspected Information breach will be remedied within a reasonable period from the date of the report of the breach.
11.3. If a User knows or suspects that an Information breach has occurred, such User should immediately contact KHNL at: firstname.lastname@example.org.
11.3. The Company will not be responsible for any breach of Information which occurs as a result of:
(a) events which are beyond its control;
(b) acts or threats of terrorism;
(c) acts of God (such as, but not limited to fires, explosions, earthquakes, drought, tidal waves and floods) which compromises Company�s data protection measures;
(d) war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
(e) rebellion, revolution, insurrection, or military or usurped power, or civil war which compromises Our data protection measures;
(f) the transfer of User�s Information to a third party on such User�s instructions; and
(g) the use of User�s Information by a third party designated by such User.
For questions regarding the terms of this Policy, contact: email@example.com .
Kwale Hydrocarbon Nigeria Limited (KHNL) is an “ Independent Downstream GAS Company ” . Our vast distribution channels strategically places us to provide excellent delivery and customer service throughout the value chain.
Operating within the Nigerian Gas Industry we provide the following Unique Selling Points (USP); all aimed to ensuring that our customers receive the products they order through a simplified customer sales process.