Terms and
Conditions

INTRODUCTION

THESE TERMS OF SERVICE AND USE APPLY TO ARNERGY’S (“ARNERGY,” “WE,” “US,” OR “OUR”) ASSOCIATED WEBSITE/APPLICATION INCLUDING http://www.arnergy.com (THE “CORPORATE WEBSITE”) and all associated links linked to http://www.arnergy.com . PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE/APPLICATION AND THE SERVICES PROVIDED THROUGH THE WEBSITE/APPLICATION (SUCH SERVICES, THE “SERVICES” AND SUCH TERMS AND CONDITIONS, THE “TERMS OF SERVICE” OR “TERMS”).  BY USING THE WEBSITE/APPLICATION, SERVICE, PRODUCT (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OR YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE PERSON (INCLUDING ANY RESIDENTIAL, ENTERPRISE OR OTHER OWNER OF ARNERGY’S PRODUCTS) YOU NAME AS A USER OF THE WEBSITE OR APPLICATION SERVICES (“YOU”). IF YOU DO NOT HAVE SUCH AUTHORITY OR YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE WEBSITE/APPLICATION, SERVICE OR PRODUCT.

1. Additional Terms Your conduct on the

Website/Application is governed by Arnergy’s Privacy Policy, in which it is incorporated in this Term of Use by this reference.

To access and use certain Services, you may be required to agree to certain additional terms and conditions, all of which are made a part of these Terms of Use by reference.

2.Website and Application Content

The Website/Application are copyrighted works belonging to, and are owned and operated by Arnergy. The statements, information, diagrams, trademarks, service marks, trade names or other content contained or referenced in the Website/Application or in any communications we send you (collectively, the “Website/Application Content”) are protected by copyright laws of Nigeria. Any unauthorized reproduction, modification, distribution, or performance of any Website/Application Content is strictly prohibited. Arnergy and its licensors reserve all rights not granted in these Terms. There are no implied licenses.

The trademarks, service marks and logos (“Marks”) displayed on the Website/Application are the property of Arnergy or the property of other third parties. You are expressly prohibited from using these Marks for any purpose, including use as metatags on other pages or websites, without our prior written consent or the consent of the third party that owns that Mark. Any permitted use of Arnergy’s Marks is governed by the Trademark Act of 1965, CAP T13 Laws of the Federation of Nigeria, 2004.

3. Your Account

In order to use certain Services, you may be required to create an account with Arnergy by registering on the Website/Application (“Account”). By creating an Account and/or using the associated Service, you represent and warrant that:

(i) you are at least eighteen (18) years of age, (ii) all required registration or other information you submit is truthful and accurate; (iii) you will update and maintain the accuracy of such information; and (iv) your use of the Service will not violate any applicable law, rule or regulation or the terms of these Terms. When you sign up for an Account, you may be asked to choose a username and password. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password. You agree not to (a) use the Account, username or password of any other user at any time; (b) allow or enable any third party to use your Account, username or password; or (c) sell, rent, borrow, or otherwise transfer your Account, temporarily or permanently, to any third party. You are solely responsible for any and all use of your Account. We reserve the right to suspend or terminate your Account for any of the above reasons. (Including due to inactivity).

4. Acceptable Use Policy

You are solely responsible for any and all of your activities and use of Arnergy’s Website/Application and Services. You represent and warrant that: (i) your activities and use of any Website and/or Service will not:

  1. (i) violate any law, rule or regulation (including any law regarding the export of data, software or technology to and from Nigeria and other countries) or these Terms;
    (ii) access or attempt to access Arnergy’s Website or Application by any means other than the interface that is provided by Arnergy;
    (iii) engage in any activity of any kind that may interfere with or disrupt the functioning of the Website/Application or the servers and networks used to provide them (and specifically you may not disable a system owner’s ability to monitor their system through their Arnergy accounts, nor may you use Arnergy Application to disable the operation of installed solar systems unless directed to do so for safety reasons by the applicable authorities);
    (iv) involve the transmission of any unsolicited commercial or bulk email and you shall not use your Account or the Website/Application as a return address for unsolicited commercial mail originating elsewhere;
    (v) collect, harvest, mine or engage in any other activity to obtain personal information or any other information about others except with their express written consent and of which consent you shall maintain a written record for a period of three (3) years after any termination of this Agreement;
    (vi) remove from the Website/Application Content or falsely add to the Website/Application Content, any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of such Website Content;
    (vii) create a false identity for the purpose of misleading others (including, posing as an Arnergy employee or agent);
    (viii) violate the rights of Arnergy or any third party (including other users’ rights) or abuse, defame, harass, stalk or threaten another; or
    (ix) create liability for Arnergy.

5. Descriptions and Specifications of Products and Services

The descriptions and specifications of Products and Services on the Website/Application are subject to change at any time, whether or not reflected in such descriptions or specifications. You agree that descriptions and specifications of Products and Services on the Websites do not create any obligations or liabilities for Arnergy. We may modify, suspend or discontinue the Website/Application and/or Products or Services at any time.

6. Disclaimers

The Website/Application and Services are provided strictly on an “as is” and “as available” basis, and there are no warranties, express, implied or statutory, including warranties of merchantability, quality, fitness for a particular purpose, title, non-infringement of Intellectual Property Rights, accuracy, system integration, timeliness or satisfactory quality service.

Arnergy cannot ensure that any files or other data you download from the website or mobile application will be free of viruses or contamination or destructive features.
You will be solely responsible for any damage to your computer system or network or loss of data that may result in the download or upload of any Website Content. Arnergy does not provide any warranty, whether express, implied or statutory, including warranties of merchantability, quality, fitness for a particular purpose, title, non-infringement of Intellectual Property Rights, accuracy, system integration, timeliness or satisfactory quality, regarding its Products in these Terms.

7. Limitation of Liability

You agree that, to the full extent permitted by the applicable laws of Nigeria, Arnergy has no liability for indirect, incidental, exemplary, punitive or consequential damages with respect to these Terms or the Website/Application Content, or Products and Services provided hereunder even if we have been advised of the possibility of such damages. We shall not be liable for any damages resulting from your access to or use of, or inability to access or use, the Website/Application, Website/Application Content, Products or Services, or from your reliance on any of the Website/Application, Website/Application Content, or Products or Services. In no event shall our aggregate cumulative liability with respect to these Terms or any of the Websites, Website Content, or Products and Services provided hereunder exceed NGN 50,000. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

8. Third Party Content

Website/Application Content may include links to third party websites and other materials and content from third parties (including other users) (collectively, “Third Party Content”). Arnergy does not investigate, monitor, or review any Third-Party Content and is not in any way responsible for the accuracy, form, or content of, or any products or services advertised or promoted in, or your reliance upon, any Third-Party Content. However, Arnergy reserves the right, in its sole discretion, to delete any or all Third-Party Content at any time for any or no reason and with or without notice, in our sole discretion. We do not approve or endorse any Third-Party Content, including any product or service advertised or promoted in such Third-Party Content and you agree that you access Third Party Content solely at your own risk, including the risk of infecting your computer or computer network with malware, viruses, worms or other computer problems. Third party websites accessed from links on the Website/Application are subject to their own terms and policies, including privacy and data gathering practices.

9. Automated Updates of Software

The Arnergy Website/Application, may automatically download and install updates (including bug fixes) from time to time. These updates (including bug fixes) are intended to improve your experience in using Arnergy’s Website/Application. You agree to receive such updates (including bug fixes) from Arnergy as part of your use of Arnergy’s Website and Application.

10. Security

Security is a high priority for Arnergy, and we make reasonable efforts to protect your Account. However, no company, including Arnergy, can fully eliminate security risks connected to handling data on the Internet and you fully acknowledge, understand and agree that we cannot and do not guarantee the security of your Content while it is transmitted over the Internet or stored on our Services.

11. Indemnity

You agree to indemnify and hold Arnergy, our affiliates, officers, employees, agents, partners and other users, harmless from and against any and all loss, cost (including attorneys’ fees), liability, damage, and expense arising from or relating to any claim or demand made by any third party (including other users) arising out of or related to (i) your use of the Website/Application, Services, or Website/Application Content, your violation of these Terms, or your violation of any rights of any third party or (ii) Your Content.

12. Release

To the extent permitted under applicable law, you hereby release Arnergy from any liability related to:

(i) any incorrect or inaccurate Website Content, whether caused by any user of any Service or Website or by any of the equipment or programming associated with or utilized in the Services or in the provision of the Website/Application; (ii) the conduct, whether online or offline, of any user of any Service or Website; (iii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Website Content on account of technical problems or traffic congestion on the Internet or at any Website, or combination thereof, including injury or damage to any person’s computer related to or resulting from participating or downloading materials in connection with the Services or Website/Application; (iv) any loss or damage caused by or in reliance upon any Website Content or content transmitted by and to users, or any interactions between users of any Service or Website/Application, whether online or offline; and (v) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Website/Application, Service, or user communication.

13. Copyright Policy

It is Arnergy’s policy to remove, or disable access to, material that infringes any copyright from the Website/Application or through the Services after we have been notified by the copyright owner or the copyright owner’s legal/authorized agent. If you believe that your work has been copied and posted on the Website/Application or through the Services in a way that constitutes copyright infringement, please provide contact us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website/Application or Services; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; (f) a statement by you, made under oath, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of copyright infringement is as follows:

Name: Arnergy Solar Limited
Email: info@arnergy.com
Address: 1 Industrial Avenue, Ilupeju, Lagos.

14. Changes

These Terms are subject to occasional revision, and if Arnergy makes any substantial changes to these Terms, we will notify you by prominently posting notice of the changes on the Website/Application or sending you an e-mail to the address that you provided for your Account. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on the Website/Application. These changes will be effective immediately for new users of the Website/Application or Services. If you do not agree to the changes, you must cease your use of the Website/Application and Services. By using the Website/Application or Services, you agree to be bound by any such changes and, therefore, you should periodically visit the Website/Application to examine the then-current Terms of Service. Please note that at all times you are responsible for updating any e-mail address that you have provided to us for your Account. If the e-mail address you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.

15. Jurisdiction

These Terms and any action related to these Terms are governed by the laws of the Federal Republic of Nigeria, without giving effect to any conflicts of laws principles that would require the application of the law of a different Country or jurisdiction.

16. Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. As used in these Terms, the word “including” means “including but not limited to.” Neither the rights nor obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign this Agreement without restriction.
If you have any questions or concerns regarding these Terms, please us at: info@arnergy.com . Copyright © 2021 Arnergy Solar Limited. All rights reserved.

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