Last updated: December 5, 2023
Please read these terms and conditions which govern the use of this website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Ewami Essentials, the owner and operator of this website with the URL web address ewamiessentials.com
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms shall apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1. DEFINITIONS
“Parties” means both You and the Owner of this Service.
“Content” means any content, writing, images, content or other information published on this Service.
“Materials” means any materials, information or documentation that may be provide to You in connection with Your use of the Products including but not limited to documentation, data, information and other materials which may assist in Your use of the Goods or Service.
“Terms” means these terms and conditions.
“Service” means the website including all pages, sub pages, blogs, forums and other connected internet content whatsoever.
“Products” means the goods and products (tangible and intangible) offered on the Website.
2. ABOUT US
The Website is an online store that engages in the sale of organic skincare and haircare products.
This Service is offered to You upon Your acceptance of the Terms herein contained. Your use of this Service constitutes Your agreement to all the Terms herein contained.
3. AGREEMENT
a. By using this Website, You acknowledge that You have reviewed, considered the Terms of this Agreement and understand same and agree to be bound by it. If You do not agree with these Terms or do not intend to be bound by it, You must cease the use of this Website immediately. Furthermore, You shall be subject to all guidelines that are applicable to such services. Please note that any participation in this Service shall constitute Your acceptance of this Agreement.
b. By using this Website and agreeing to the Terms herein contained, You represent and warrant that You have the legal capacity to accept these Terms.
4. ACCEPTABLE USE
a. Other items may be provided in connection with Your use of this Service.
b. We hereby grant You the license to use our Service for Your personal, non-commercial use in order to retrieve, display and view the Content.
c. The license created under these Terms is a limited, non-exclusive, non-transferable and revocable license.
d. You shall not use the Contents or Materials for any other purpose which may be contrary to your license to use this Service.
e. Unauthorized use shall terminate the permission or license granted by this Website.
5. UNACCEPTABLE USE
a. You are expressly prohibited from collecting, downloading, copying or otherwise communicating with other Users from the Website.
b. You agree not to use the Service in the following manner:
- to harass, abuse or threaten others or otherwise violate any person’s rights;
- to perpetrate acts of fraud and/or deception;
- to use the Website or any of the Services for illegal spam activities;
- to create or transmit any communication or solicitation designed to obtain password, account, or private information of other Users;
- to post copyrighted content which does not belong to You and without obtaining the prior consent of the author;
- publishing or distributing any obscene or defamatory material;
- using this Service in any way that impacts user access to the Website;
- disseminating computer viruses or other software;
- violating any intellectual property rights of the Owner or any third party;
c. Additionally, you agree that You will not do as follows:
- interfere with the proper working of this Website;
- bypass any measures we may use to prevent or restrict access to this Website;
- to interfere with or circumvent the security features of this Service;
- to damage, disable, overburden or impair this Service or any other person’s use of this Service.
- to use this Service contrary to the applicable laws and regulations or in a way that causes, or may cause harm to this Website, any person or business entity. We reserve the right to terminate Your use of the Service for violating any of the prohibited uses.
6. INTELLECTUAL PROPERTY OWNERSHIP
a. We retain ownership of all Content whatsoever included on the Website other than the contents uploaded by users.
b. You are granted a limited license only, subject to the terms contained herein. Nothing on this Website shall be construed as granting any license or right to use any intellectual property displayed on the Website without obtaining the prior written consent of the Owner.
c. You shall not reproduce or distribute the Owner’s intellectual property or use the intellectual property for any unlawful purpose.
7. GOODS/SERVICES
a. The Website may offer Products or Services for sale or may allow third parties to sell Products and Services. Owner undertakes to provide accurate information at all times. Notwithstanding, the Owner does not guarantee the reliability of any information relating to the Products and Services.
b. The Owner does not guarantee the accuracy or reliability of any product or services sold by a third party and any purchases made by You is done at Your own risk.
c. Where applicable, subject to the terms of our return policy, if You are not satisfied with Your purchase, we offer replacement of Products provided on the Website.
d. All refunds shall be made using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
8. PAYMENT AND BILLING
a. If You register for the Services or purchase any product, You agree to pay the full price as at the time of purchase.
b. The total price shall include all applicable taxes as at the time of purchase.
9. DELIVERY/SHIPPING
a. Our Products are available in the locations on the page titled Stockists.
b. Our Products are delivered via local and international delivery services.
c. Products purchased shall be delivered to the address You provide.
d. You are required to contact us where You are not available to take delivery.
10. LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
11. ELECTRONIC COMMUNICATIONS
You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications we provide to You electronically, via email and on this Website, satisfy any legal requirements that communications must be in writing.
12. SECURITY
You shall not reverse engineer or permit the reverse engineering or dissemble any code or software from or on the Website or Service. You further agree not to violate the Security of the Website or other Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference with any host or User or network.
13. CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By using this Website, You are expected to review these Terms on a regular basis. Where a revision is material, we will try to provide at least 60 days’ notice prior to any new terms taking effect. What constitutes a material change shall be determined at our sole discretion.
14. NO WARRANTIES
a. You agree that this Website shall be used solely at Your risk and that the Owner does not warrant the accuracy of its contents. You assume all the risk of viewing, reading, or downloading the contents of this Website.
b. The Owner expressly disclaims all express and implied warranties such as implied warranty of merchantability as the Owner makes no warranties that the Website or other Services will be accurate, error free, secure or uninterrupted.
c. The Owner makes no warranty about the suitability, reliability, availability, timeliness and accuracy of the information, Contents, Products and other materials contained here in for any purpose. The Owner hereby disclaims all warranties and conditions with regard to the information, software, Products, related graphics and materials, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
d. You also agree that the Owner and its affiliates shall not be liable for any direct, indirect, punitive and all consequential damages or any damages whatsoever including, but not limited to damages for loss of use, data or profits, the failure to provide Services or for any information, software, Products, Services, related graphics and materials obtained through this Website, or
otherwise arising out of the use of this Website, whether based on contract, negligence, strict liability, or otherwise.
e. For the avoidance of doubt, nothing contained on this Website shall be interpreted as advising You.
15. INDEMNIFICATION
You hereby agree to indemnify the Owner, its employees, agents and third parties from and against all liabilities, cost, demands, cause of action, damages and expenses (including reasonable attorney’s fees) arising out of Your use or inability to use, Your violation of any rights of a third party and Your violation of applicable laws, rules or regulation.
16. INTERRUPTIONS AND RESTRICTIONS
a. The Owner may from time to time interrupt Your access or use of this Website to perform some maintenance or emergency services and You agree that the Owner shall not be held liable for any damage, loss which may arise thereof.
b. The Owner reserves the right to, at its sole discretion, terminate Your access to this Website and the related Service or any part thereof at any time, for any reason and without notice.
c. We reserve the right to terminate or terminate/suspend Your account for violating the Terms of this Service.
17. ASSIGNMENT
The Owner shall be permitted to assign, transfer its rights and/or obligations under these Terms. However, You shall not be permitted to assign, transfer any rights and/or obligations under these Terms.
18. ENTIRE AGREEMENT
The Terms contained herein and any other agreement relating to the use of this Website constitutes the entire agreement and shall supersede any other agreement. In the event that You have other legal agreements with us, such agreements shall be separate from these Terms. These Terms are not intended to alter, amend, revise or replace the terms of the other agreement.
19. GOVERNING LAW
These Terms may be governed and construed in accordance with the Laws of
Nigeria.
20. SEVERABILITY
Any part, provision, representation or warranty of these Terms which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
21. WAIVER
No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party.