SECTION 1 – OVERVIEW
This document is published in accordance with the provisions of the Nigerian National Information Technology Development Agency Act (NITDA2007), as applicable and amended from time to time. The Act requires the publishing of rules and regulations, privacy policy and terms of use of this website.
As an electronic record, this document does not require any physical or digital signatures. It tells you more about us, our relationship to you as a user; the rights, lawful behaviours, and policies that guide us both. A breach or violation of any of the Terms will result in an immediate termination of your service or use.
The use of this Site is only available to persons who can form legally binding contracts – within the meaning of the Laws of the Federation of Nigeria (CAP1999). Persons including minors, un-discharged, insolvents etc., are not eligible to use our services.
For legal or administrative reasons, it may be necessary to modify this Terms of Use or other Polices at intervals. We reserve the right to modify portions of this Term at any time without prior notice.
You are asked to review it periodically to be aware of any change or update made thereby. All changes made shall be posted on the site and shall automatically be effective, and you agree to be bounded by such changes made.
Throughout the site, the terms “we”, “us” and “our” refer to SmartDrive and you, “the user”; including without limitation to users who are browsers, students, instructors, agents, vendors, customers, merchants, and/or contributors of content.
This document and such other rules and policies of the Site are collectively referred to as the “Universal Terms of Services”. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any of the services.
SECTION 2 –THE CONTRACTS
Definition:
The term “driving instruction and activities” shall include an instruction provided by any agent, employee, or substitute of SmartDrive.
It also includes all activities, services, and use of vehicles, either provided by or arranged by SmartDrive which are in any way related to either driving or movement, or any other activities occurring because of driving related services.
Acknowledgment:
The term “agents” shall include an instructor, owner, subcontractor, substitute or other aid for SmartDrive.
In consideration of the agents and SmartDrive allowing you to participate in Driving, Road Safety Education or any such other services, you acknowledged that driving, learning to drive, and any activity associated with this course involves risks, dangers, and hazards; as well as the potential for serious injuries; and crashes.
You hereby agree as follows:
#1. To waiver any and all claims that you may have in the future against the agents and/or SmartDrive; and to release same from any and all loss, damage, expense, or injury including death that you or your child/student or employee may suffer as a result of driving instruction and activities. Due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory law or other duty of care and procedures.
#2. To hold harmless and indemnify SmartDrive and it agents from any and all liability for any property damage or personal injury to any third party resulting from you/your child’s participation in Driver Education, Driving Instruction, or such other Driving Activities;
#3. You confirm that you have read and understood this agreement prior to signing up, registering or participating to any of our services or products; and you are aware that by registering this agreement you are waiving certain legal rights which you or your heirs, next of kin, executors, administrators, assigns and representatives may have against the agents or this organization.
#4. The entire contents made available through this Website (collectively, “Materials”) are licensed and protected under the Nigeria and international Copyright, Trademark and other Intellectual Property Rights. They are owned by SmartDrive.com.ng, its third party licensors, or the respective owners who may or may not be affiliated with or connected to us. Any unauthorized use is a violation and is hereby prohibited.
#5. All messages, responses, information and other communication between you and us, including but not limited to e-mails, voicemails, video calls, SMS, data communication, WebPages, Training Materials etc., are confidential and subject to copyrights. We reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
SECTION 3 – GENERAL CONDITIONS
By using this website, you represent that you are at least 18 years old and have provided and will continue to provide in all respects, accurate, complete and correct information regarding all your dealings and communications with SmartDrive.com.ng and its users.
Including but not limiting to all registration details and descriptions you would provide for the items proposed to be sold or traded by you, or the delivery details for the shipment of products to the destination specified by you in the order.
You represent among others, that you have full knowledge and authority to enter into “this agreement” and perform its “Terms”. And that you are solely responsible for your use of this Website or other related Services.
You warrant that each action you take is being done solely in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of any third parties. Including but not limited to any trademark or copywriter laws, or the right of publicity or privacy.
Nonetheless, you are free to contribute, and share the Site, its materials, and other media under the free and open licenses; to make personal, educational, entertainment and non-commercial use of the Site. You receiving any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
By submitting, providing or posting materials on the Site, including but not limited to product reviews, questions, comments, and suggestions; you represent and warrant that you are the author and owner of the content you provide; and that it will not cause injury to any person, partnership, corporation or entity, or violate any third-party law, Policies or our Terms of Services.
Your submission of personal information through the Site is governed by our Privacy Policy. Please read our Privacy Statement to understand how we collect, use and safeguard your private information.
You represent that you shall not offer or attempt to offer, advertise, solicit or trade on any item prohibited or restricted in any manner, under the provisions of any applicable law, statute, ordinance, rule, regulation, or guidelines, including but not limited to the sell/buy of counterfeit or stolen items, illegal drugs, chemicals, arms or weapons.
That you shall not violate/infringe any law for the time being in force, including the law of the States and the Federation of Nigeria: Those governing export control, federal roads use, consumer protection, unfair competition, anti-corruption, false advertising, gambling, and money laundering.
You shall not promote any illegal act, transmit, solicit or share any information meant to harm, harass, mislead or exploit users of the Site. Nor transmit any material designed to interrupt, destroy or limit the functionality of our network, computer systems or resources.
You shall not attempt to gain unauthorised or unlawful access to any portion of this website; including any private content of the website, or personal identity information, account or password not owned or opened by you.
The contents of this website and other Materials are for informational purposes only, and do not constitute professional advice. If you need expert advice for a particular question (such as medical, legal, engineering or financial issue), you should seek the assistance of a licensed or qualified professional in the applicable area, – in lieu of acting on any form of information, opinion, or idea contained herewith.
SmartDrive Nigeria does not offer any protection, immunity, guarantee or indemnification against any legal claims or actions arising from your use of this site or its Services. Any offer made on this Site is void where prohibited.
For your protection, our safety, and that of other users like yourself, we ask that you exercise caution and avoid any condition or action that may result in criminal or civil liability under any applicable law. For clarity, applicable law may include the law active where you live or where you view or access this Site.
We encourage you to be civil and polite in your interactions, dealings, and communications with others in the Community; to act in good faith and to make your actions and contributions aimed at furthering the Mission and Vision of SmartDrive, and its affiliate members.
SECTION 4 – DISPUTES AND JURISDICTION
It is our hope that no disagreement shall arise, involving you and SmartDrive, however, in the event there is a controversy, claim or dispute, you agree to waive questions of jurisdiction and all disputes brought by you shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Nigeria.
Any cause of action or claim you may have with respect to your use of this Website, or any product or services made available via SmartDrive.com.ng, must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or forever be barred).
Prior to resorting to litigation, you agree to attempt to resolve any dispute by binding arbitration, in pursuant to the National Arbitration Rules of the Alternative Dispute Resolution (ADR): the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.
The arbitrator shall be a person who is legally trained and who has experience in the automobile industry and information technology field in Nigeria; and is independent of either party. All legal notices or demands to or upon SmartDrive shall be made in writing and shall be brought to us personally or through certified courier to our registered office address.
SECTION 5- LIMITATIONS
The Materials provided to you through the services are delivered ‘as is’ and ‘as available’ – without any representation or warranties of any kind either express or implied; including implied warranties of merchantability, quality, fitness, durability, title, and non-infringement via the site.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, accurate, reliable, or error-free. We do not warrant that the quality of any products, services, information, or other materials obtained by you will meet your expectations, or that any errors or omission will be corrected.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. Kindly review our Return Policy section for more details.
“Products” or “Services” make reference to any goods or services which we may offer for sale, supply and which you may request via our Website. Certain content, products and services available via our Service may include materials from third-parties. We may provide you access to third-party tools or resources over which we neither monitor nor have any controls or input.
We are not liable for any harm or damages related to the use of goods, services, resources, content, or any other transactions made in connection with any third-party found on the websites. We are not responsible for the privacy practices or the content of any other website, which may be accessed by a link from this website. It is recommended that you carefully read these sites’ privacy statements and other conditions of use, and understand how the use of such a site may affect you.
In the events of your correspondence, participation or business dealings with any advertiser, provider or third party merchant found on or through the use of the site, its Services, including payment and delivery of related goods and services: any other terms, conditions, or representations associated with such dealings are solely between you and such advertiser.
SmartDrive shall not be responsible or liable for any loss or damage of any sort incurring as a result of any such dealings or as a result of the presence of such advertisers on our Website.
Also, we have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, SmartDrive cannot promise maximum security in the extremely unlikely event of a breach in our secure computer systems or those of third parties. You expressly agree that your use of this site, its services or products is at your sole risk.
We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control: such as an act of God or those of third parties.
SmartDrive is not liable for failure to perform its obligations if such failure is as a result of Acts of God, war, invasion, act of foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, confiscation, terrorist activities, nationalisation, government sanction, emergency rule, embargo, labour dispute, strike, pubic holiday, interruption, or failure of electricity, internet or telephone service.
In no case shall SmartDrive, its affiliates, agents, contractors, interns, suppliers, employees, owners, service providers or licensors be liable for any loss, claim, expense, injury including any direct, indirect, incidental, punitive, or consequential damages or loss of any kind, whether based in contract, tort (including negligence), strict liability or otherwise arising from your use of any of the services, products or any content posted, transmitted, or otherwise made available via the service.
Additionally, this document does not create partnership, or joint venture relationship between you and SmartDrive, or its affiliate companies. However, if for any condition, participation or dealing you do not sign a written agreement with us; this Terms of Service shall be the entire agreement and understanding between you and us.
Information, recommendation or opinions posted on the Site do not constitute an offer to sell or solicitation of an offer to buy any products or services, and so should not be used for investment advice. We cannot take responsibility, obligation or control the information provided by users which is made available on the Website.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. This Terms of Service and any separate agreements or understanding shall be governed by and construed in accordance with the law of the States or the Federal Republic of Nigeria.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law; such determination shall not however affect the validity and enforceability of any other remaining provisions or section.
SECTION 6 – TERMINATION
In certain unlikely circumstances it may be necessary for you to stop using our Services. However, these Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease accessing our sites.
Questions, complaints and suggestions about these Terms of Service or the practice of the websites should be directed to us by email.
Thank You for taking the time to read these Terms of Service!