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Terms and Conditions

Fortunate Steel & Industrial Company Ltd (FSICL) Terms and Conditions of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY

Fortunate Steel & Industrial Company Ltd (FSICL) Terms and Conditions of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY

The following agreement captures the terms and conditions of use ("Agreement"), applicable to Your use of fortunatesteel.com ("Web Site"), which promotes business between suppliers and buyers globally. It is an agreement between You as the user of the Web Site and Fortunate Steel & Industrial Company Ltd. ("FSICL"). The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Web Site for any purpose.

By subscribing to or interacting with other User(s) on or entering into negotiations in respect of sale or supply of goods or services on or using the Web Site in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement. 


I. WEBSITE- MERELY A VENUE/PLATFORM
The Web Site acts as a match-making platform for User(s) to negotiate and interact with other User(s) for entering into negotiations in respect thereof for sale or supply of goods or services. FSICL or fortunatesteel.com are not parties to any negotiations that take place between the User(s) of the Web Site and are further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the Web Site.

FSICL does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale on the Web Site or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between FSICL and any other party.
 


II. USER(S) ELIGIBILITY
User(s) represent and warrant that they have the right to avail or use the services provided by FSICL, including but limited to the Web Site ("FSICL’s Services"). FSICL’s Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorised under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organisations that are not authorised by law to operate in Nigeria or other countries are not authorised to avail or use FSICL’s Services.

User(s) agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time. FSICL or the website shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over FSICL’s Services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User(s).The user shall do its own due diligence before entering into any transaction with other users on the website. FSICL at it’s sole discretion reserves the right to refuse FSICL’s Services to anyone at any time. FSICL’s Services are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefinitely suspended by FSICL. 

III. USER(S) AGREEMENT
This Agreement applies to any person who accesses or uses the Web Site for any purpose. It also applies to any legal entity which may be represented by any person who accesses or uses the Web Site, under actual or apparent authority. User(s) may use this Web Site solely for their commercial/business purposes. 

This Agreement applies to all services offered on the Web Site and by FSICL, collectively with any additional terms and conditions that may be applicable in respect of any specific service used or accessed by User(s) on the Web Site. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on the Web Site, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement. 

IV. AMENDMENT TO USER(S) AGREEMENT
FSICL reserves the right to change, modify, amend, or update the Agreement from time to time and such amended provisions of the Agreement shall be effective immediately upon being posted on the Web Site. If You do not agree to such provisions, You must stop using the service with immediate effect. Your continuous use of the service will be deemed to signify Your acceptance of the amended provisions of the Agreement.

V. INTELLECTUAL PROPERTY RIGHTS
FSICL is the sole owner and the lawful licensee of all the rights to the Web Site and its content ("Web Site Content"). Web Site Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Web Site. The Web Site Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Web Site and the Web Site Content shall remain in FSICL, its affiliates or licensor’s of the Web Site content, as the case may be.

All rights, not otherwise claimed under this Agreement by FSICL, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Web Site or any offer displayed on or in connection with any service offered on the Web Site ("Website Information") is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. FSICL does not represent, warrant or endorse in any manner the accuracy or reliability of Website Information, or the quality of any products and/or services obtained by the User(s) as a result of any Website Information.

The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall FSICL be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to FSICL’s Services. User(s) hereby acknowledge that any reliance upon the Information shall be at their sole risk and further understand and acknowledge that the Information has been compiled from publicly aired and published sources. FSICL respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. FSICL reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information. 

 

  • Trademark 
    "Fortunate steel & Industrial Company Limited" and related icons and logos are registered trademarks or trademarks or service marks of FSICL in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. The unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.

  • Copyright
    All Web Site Content including Website Information is copyrighted to FSICL excluding any third-party content and any links to any third-party websites being made available or contained on the Web Site. User(s) may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.

    User(s) acknowledge and agree that FSICL is not an arbiter or judge of disputes concerning intellectual property rights and as such cannot verify that User(s) selling or supplying merchandise or providing services on the Web Site have the right to sell the merchandise or provide the services offered by such User(s). FSICL encourages User(s) to assist FSICL in identifying listings on the Web Site which in the User(s) knowledge or belief infringe their rights. User(s) further acknowledge and agree by taking down a listing, FSICL does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which FSICL declines to take down a listing, FSICL does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.



    VI. LIMITATION OF LIABILITY/DISCLAIMER
    The features and services on the Web Site are provided on an " as is " and " as available " basis, and FSICL hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. FSICL makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Web Site. FSICL does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Web Site does not violate any Third Party Rights; and FSICL makes no representations or warranties of any kind concerning any product or service offered or displayed on the Web site. Any material downloaded or otherwise obtained through the Web site is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User(s) from Web Site or through or from the Web Site shall create or be deemed to create any warranty not expressly stated herein.

    Under no circumstances shall FSICL be held liable for any delay or failure or disruption of the content or services delivered through the Web Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save FSICL, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Web Site (including but not limited to the display of User(s) information on the Web Site) or from User(s)’s breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save FSICL, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s)’s breach of any representations and warranties made by the User(s) to FSICL. 

    User(s) hereby further agree to indemnify and save FSICL, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Web Site. User(s) hereby further agree that FSICL is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). FSICL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with FSICL in asserting any available defences. 

     FSICL shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

  • The use or the inability to use the Web Site;

  • Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the web site;

  • Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;

  • Unauthorized access by third parties to data or private information of any User(s);

  • Statements or conduct of any User(s) of the web site; or

  • Any matters relating to Premium Services however arising, including negligence.

 

VII. NOTICES

All notices or demands to or upon FSICL shall be effective if in writing and shall be deemed to be duly made when sent to FSICL to Office; Km 17 Aba/Port Harcourt Express Way, By   Interlock Junction, Iriebe, River State Nigeria. Or Shop 327 Road 6, Steel Village Km 17Aba/Port Harcourt Express Way   Port Harcourt, River State Nigeria.



All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) on the Web Site, or by posting such notice or demand on an area of the Web Site that is publicly accessible without a charge. 


Notice to a User(s) shall be deemed to be received by such User(s) if and when Web Site is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Web Site’s posting such notice on an area of the Web Site that is publicly accessible without charge.

 


 

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