ProfileSME User Agreement
Effective Date: 1st June, 2017.
This is the User Agreement (the "Agreement" or "User Agreement") for your use of the websites owned or operated by, and services offered by ProfileSME at www.ProfileSME.biz, www.ProfileSME.org ("ProfileSME"), and affiliated offices and/or businesses owned in part or in whole, by ProfileSME. This Agreement contains the terms and conditions ("T&C") applicable to your use of our online and user-assisted services ("Service" or "Services") as described and available under or through the domain, sub-domains, and affiliated domains of www.ProfileSME.biz (collectively, the "Site") and is in conjunction with any specific terms and conditions that apply to the particular Services.
WHETHER YOU ARE BROWSING OR USING THE SITE OR PURCHASING SERVICES, IF YOU ("YOU" OR "USER") DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, KINDLY REFRAIN FROM THE USE OR ACCESS OF OUR SITE OR SERVICES.
You must read, agree with and accept the terms and conditions contained in this User Agreement, along with the following policies and the applicable service agreements, which are hereby incorporated:
The following are understood thus, as accepted by you for use of all or part of our consultancy service:
The following are understood thus, as accepted by you for use of all or part of our SME directory service:
The following are understood thus, as accepted by you for use of all or part of our marketplace service:
This Agreement is effective upon the earlier of: (i) your first use of the Site or Services for any reason; (ii) acceptance of this Agreement by new users; or (iii) the Effective Date noted on the posted version of the Agreement. ProfileSME may elect to discontinue offering the Site or the Services, or any portion thereof, at any time for any reason, with or without advance notice. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Accessing ProfileSME's Services, products, or contents available on our Site, except as expressly allowed through instructions and truthful statements by the User, in regard to use of this Site from places where their contents are illegal, is prohibited. Those who choose to access our Site from other locations does so knowingly on their own initiative and voluntarily at their own risk and is responsible for compliance with local laws.
ProfileSME may, in its sole discretion, change or modify this Agreement at any time after a reasonable notification period, usually no less than two weeks, and, unless ProfileSME receives your written objection to the modified terms of the Agreement within the notification period, such changes shall be effective upon posting to the Site. You acknowledge and agree that (i) ProfileSME may notify you of such changes or modifications by posting them to the Site and (ii) your use of the Site or the Services found at the Site after the Effective Date, shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Site or the Services found at the Site.
5.1. Use of the Site and Services
At all times your use of the Site and Services must be in compliance with this Terms of Service and the acceptable use policies posted on the ProfileSME website under appropriate Agreement.
As a condition of your use of the Site and Services, you warrant to ProfileSME that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. Prohibited uses include, but are not limited to: competitive analysis (including copying and/or providing screen shots, which are copyrighted material owned by ProfileSME); data mining or scraping through the use of robots, spiders, or otherwise; and/or any use with the potential to infringe the rights of any third party.
In addition, you hereby represent and warrant that you are an eligible user (see Section 3, Eligible Users).
You acknowledge and agree that you may not use the Site or the Services to:
ProfileSME WILL COOPERATE WITH LEGAL AUTHORITIES AND INTERNET SERVICE PROVIDERS IN RELEASING INFORMATION ABOUT USERS WHO VIOLATE THE TERMS OF THIS AGREEMENT OR POSTED POLICIES.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. At all times, you remain solely responsible for Your Information, Company Information and Product Information.
5.2. Privacy and Confidentiality
ProfileSME is not obligated to monitor user-generated content on the Site. However, with respect to the use of the Services or the Site, ProfileSME reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in ProfileSME's sole discretion, without notice at any time.
5.3. Violations of Acceptable Use
Upon suspicion of violation of the acceptable use terms of the Site or Services, ProfileSME may elect to suspend or terminate your ProfileSME user account and/or access and use of the Site or Services, or any portion thereof, at any time with or without advance notice.
ProfileSME does not charge for use of the site. All applicable fees are charged in relation to services provided to users. You are responsible for all applicable taxes, costs, hardware, software, services and all other costs and expenses related to your ability to access or use the Site and Services or your activity conducted through the Site. ProfileSME reserves the right to deduct any amounts owed by User to ProfileSME from amounts owed by ProfileSME to User. ProfileSME may, in its sole discretion, add, delete or change any of the Services provided, fees charged by ProfileSME or payment terms. ProfileSME's standard fees and any changes will be posted through the applicable service channel and the applicable Services and fees will be binding. No advance notice is required for any prospectively effective change in Services offered or fees charged therefore. Unless otherwise stated, all fees and currency amounts are quoted in Nigerian Naira. You are responsible for your bank deductions while using the site for purchases, transactions.
ProfileSME is in no way responsible for the content of any web site owned or operated by a third party that may be linked to or from the Site or Services via hyperlink, whether such hyperlink is provided by ProfileSME or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any web site to which the Site may link, including information on the web site regarding the ProfileSME Site or Services. ProfileSME may from time to time promote businesses, services and products to you via recommendations and our judgment of such product at the time. We are in no way responsible for change or access of information on a third party site provided by ProfileSME on the Site. You are to complete your verification and valuation before purchases are concluded on such third party sites. You are to complete your verification and valuation before purchases are made from vendors whose products are promoted on the site.
YOU AGREE THAT USE OF ProfileSME'S SERVICES AND THE SITES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. ProfileSME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ProfileSME MAKES NO WARRANTY TO ANY PROSPECTIVE BUYER THAT THE BUSINESSES, PRODUCTS OR SERVICES LISTED BY OTHER USERS ON THE ProfileSME DATABASE HAVE IN FACT BEEN REGISTERED, STILL VALID, OWNED BY THE REGISTER, FUNCTIONAL OR STILL IN SAME CONDITION AS PROVIDED ON THE SITE. ProfileSME MAKES NO WARRANTY THAT LISTED BUSINESSES OR PRODUCTS MAY BE ACCESSED BY USERS WITHOUT VIOLATING ANY RIGHTS OF A THIRD PARTY. ProfileSME MAKES NO WARRANTY THAT THE BUSINESS, PRODUCT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DOES ProfileSME MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY ProfileSME IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD, PURCHASE OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM ProfileSME OR THROUGH THE SERVICES PROVIDED BY ProfileSME SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.
ProfileSME IS A BUSINESS HUB. YOU UNDERSTAND THAT BUSINESSES, PRODUCTS AND SERVICES LISTED ON THE SITE ARE MOSTLY FOR THIRD PARTIES. YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ProfileSME IS NOT RESPONSIBLE FOR MAINTAINING SUCH SERVICES PROVIDED BY THIRD PARTY BUSINESSES. YOU THEREFORE WARRANT THAT ProfileSME WILL NOT BE DRAWN INTO LEGAL ISSUES ON MATTERS ARISING FROM YOUR CONTACTING ANY OF SUCH REFERRED BUSINESSES, PRODUCTS OR SERVICES ON THE SITE, DATABASE OR MOBILE APPLICATIONS. YOU ARE SOLELY RESPONSIBLE
IN NO EVENT SHALL ProfileSME, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, OR EMPLOYEES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES PROVIDED, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO INDEMNIFY AND HOLD ProfileSME AND (AS APPLICABLE) ProfileSME'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES PROVIDED ON THE SITE, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
All content, database information, data and services available on, and collected in part or as a whole through this Site, are property of ProfileSME, its affiliates, advertisers and licensors, and are protected by Copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws in Nigeria and internationally. All rights not expressly granted herein are fully reserved by ProfileSME, its affiliates, advertisers, and licensors. ProfileSME's licensors' or other third-party materials, services or products referenced on this Site are common law or registered trademarks or service marks of such parties.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, notify ProfileSME's designated agent in writing and provide the following information: your name; your email address; your mailing address; your phone number; the URL, path or other specific location where the allegedly infringing material is located; description of the allegedly infringed work, including (if available) the URL, path or other specific location where the copyrighted work may be found for comparison; and your relationship to the owner of the allegedly infringed work. Pursuant to international or local laws, notifications of claimed copyright infringement should be sent to ProfileSME's Designated Agent via mail. See Section 11 (How to Contact ProfileSME).
All contents of the Site are: Copyright 2017 ProfileSME and/or its suppliers. All rights reserved.
"ProfileSME" is a registered trademark of ProfileSME. The names of other companies and products mentioned herein may be the trademarks of their respective owners. ProfileSME reserves any rights not expressly granted herein.
Apart from the promotional arrangement for your products, you agree that no joint venture, partnership, employment, or agency relationship exists between you and ProfileSME as a result of this Agreement or use of the Site or Services. ProfileSME's performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of ProfileSME's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ProfileSME with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and ProfileSME with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ProfileSME with respect to the Site or Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. Any failure of ProfileSME to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party. At any time, ProfileSME may, in its sole discretion and without providing notice or obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.
Customer Service and Support (availability depending upon service selected):
Infringement Claims (Designated Agent):
Address: ProfileSME, Attn: Legal Department