Introduction

Welcome to the charvail.com website. These Terms & Conditions  apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.

This website is owned and operated by Charvail Entertainment Ltd.  The Site reserves the right, to change, modify, add, or remove portions of both the Terms and Conditions of Use and the Terms and Conditions of Sale at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.

Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification.

You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.

Terms and Conditions of Use

These Terms and Conditions govern the use of www.charvail.com and any products, channels, softwares, data feeds and services, including the products provided to you. In using the website, you are deemed to have read in full, digested and agreed to the Terms and Conditions. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

The terms apply to all users of the service, including users who are also contributors of contents on the service. Content includes the text, products purchased, comments, interactive features and other materials you may view on, access through or contribute to the service.

The following terminology applies to the Terms and Conditions, Privacy statement, Disclaimer Notice  and any of all Agreements : “Clients” “You” and “Your” refers to you, the person acessing this website and accepting the company’s Terms and Conditions. “The Company”, “Ourselves”, “We”and “Us” refers to our Company. “Party”, “Parties” or “Us” refers to both the clients and ourselves or either the clients or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of assistance to the client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express  purpose of meeting the client’s needs in respect of provison of the company’s stated  services/products in accordance with and subject to prevailing law. Any use of the above terminology or other words in singular, plural, capitalisation and he/she or they, are taken as interchangeable and therefore are referring to same.

Our Policies and Requirements for Users

You must be 18 years of age to use this website. By using our website and agreeing to this terms and condition, you warrant and present that you are at least 18 years of age.

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. By submitting any of the above things to us, you hereby confirm the rights and responsibilities that you have with regard to hereby grant www.charvail.com the irrevocable rights and license to act on your request.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.

You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

Intellectual Property

As much as we respect other people’s rights, and expect you to do the same.

a. Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
b. You will not take any action that infringes or violates someone else’s rights or otherwise violates the law.
c. We can remove any content or information if we believe that it violates this Statement or our policies
d. If you repeatedly infringe other people’s intellectual property rights, we will disable your content when appropriate.
e. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Digital Millennium Copyright Act

Charvail.com does not take copyright infringement lightly. However, if you are a copyright owner or an agent thereof and can identify any content on the Site which is not a work for which you are compensated through a music licensing agency, and which you believe is infringing your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The fastest way to get our team to review your request is to send us a copyright infringement notice from our support page.

Information Disseminated On Website

You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.

Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.

Acessibility Of Website

Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control. 

Protection of Data

Any personal information collected in relation to the use of this website will be held and used in accordance with our Privacy Policy, which is available on our Site. 

Indemnity

You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms of Use and User Agreement.

General Restriction On Use

 

Charvail.com hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:

a) you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without charvail.com prior written authorisation, unless charvail.com makes available the means for such distribution through functionality offered by the Service;
b) you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
c) you agree not to use the Service for any of the following commercial uses unless you obtain charvail.com prior written approval:

i. the sale of access to the Service
ii. the sale of advertising, sponsorships or promotions placed on or within the Service, or Content ;
iii. the sale of advertising, sponsorships or promotions on any page of an ad-enabled channel or website containing Content delivered via the Service
d) you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the charvail.com servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
e) you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include charvail.com account names);
f) you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;

g) you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of charvail.com or the respective licensors of the Content.

Content

a) As an interested party, you may submit Content. You understand that whether or not Content is published, charvail.com does not guarantee any confidentiality with respect to Content.
b) You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to charvail.com and other users of the Service.
c) You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. charvail.com does not endorse any Content or any opinion, recommendation, or advice expressed therein, and it expressly disclaims any and all liability in connection with Content.
d) You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable charvail.com to use your Content for the purposes of the provision of the Service by and otherwise to use your Content in the manner contemplated by the Service
and these Terms.

e) You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess, publish or distribute in the country in which you are resident, or which it would be unlawful for charvail.com to use or possess, publish or distribute in connection with the provision of the Service.
f) You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material
g) On becoming aware of any potential violation of these Terms, charvail.com reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
h) You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against charvail.com with respect to any such Content.

When you upload or post Content to charvail.com, you grant:

a) to charvail.com, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service charvail.com’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
b) to each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
c) The above licences granted by you in Content terminate when you remove or delete your Content from the Website. The above licences granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you.
d) With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licenced to, charvail.com and is subject to copyright, trade mark rights, and other intellectual property rights of charvail.com or its licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of charvail.com or, where applicable charvail.com licensors. charvail.com and its licensors reserve all rights not expressly granted in and to their Content.

Disclaimer

Charvail.com accepts no responsibility whatsoever for the content of any site connected to this website whether by hyper-link or otherwise. Any links provided from its website are on an ‘as is’ basis and with no warranty whatsoever whether express or implied as to their functionality, use, or in respect of the information provided on or linked to their related sites.

Charvail.com take all reasonable steps to ensure that the information displayed on its website is accurate and up to date but we accept no liability whatsoever (save liability for grievous personal injury or death resulting from charvail.com’s own intentional act or that of its employees acting strictly in accordance with their contract of employment with the company) for any loss occasioned to any person firm or company (whether direct, indirect or consequential) nor for any damages (whether general, special or aggrivated, punitive including triple damages), costs, claims or expenses arising from any action, error or omission on Charvail.com part or that of its employees or agents or any other third parties in connection with the information displayed on its website.

Except to the extent prohibited by applicable laws. charvail.com and/or any of its affiliates disclaim all liabilities, obligations, warranties or responsibility in any event whatsoever and make no representation, either express or implied, statutory or otherwise, including warranties or representations with respect to the accuracy, reliability, completeness, fitness for particular purpose, merchantability, non-infringement of third parties rights and/or safety of the contents of this Web Site, and any representations and warranties relating thereto are expressly disclaimed. charvail.com and/or any of its affiliates shall not be liable for any loss or damage arising out of your use or access, or inability to use or access, the Web Site. Charvail.com does not warrant that the functions contained in the materials available on this site will be uninterrupted or error-free, that defects will be corrected, or that the materials, this site or the server that makes them available are free of viruses or other harmful components. You assume the entire risk and cost of all necessary servicing, repair and correction.

You expressly understand and agree that your use of the services is at your sole risk. The services and materials in this site are provided on an “AS IS” and “AS AVAILABLE” basis. Charvail.com make no representation or warranty that the services will meet your requirements or expectations, or that the services will be uninterrupted, timely, secure, or error free. We further disclaim any representation or warranty that any errors in technology will be corrected. Any material downloaded or otherwise obtained through the use of the services is obtained at your own discretion and risk. Charvail.com are not accountable, liable indebted to you or responsible for any damage to your computer system or loss of data that results from the download of any such material, whether due to computer virus or otherwise. We make no representation or warranty as to the completeness, accuracy or reliability of any third party information or data that you obtain through the use of the services.

We may periodically amend, add, delete, update or alter the services including, without limitation, these terms and conditions. We may suspend or discontinue the services provided through this Web Site at any time without any prior notice. Except as otherwise required by applicable law, we assume no liability or responsibility for any errors or omissions in the content of the site. Moreover, any portion of the materials available on this site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this site, the Software and to the products described on this site.

You agree that neither we nor any of our officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents or third party service providers nor our vendors, suppliers, or licensors is responsible for any damages resulting from:

anything done or not done by us and/or someone else;
providing or failing to provide services, including, but not limited to, deficiencies or problems with a device or network coverage (for example, dropped, blocked, interrupted services, etc.);
traffic or other accidents, or any health-related claims relating to our services;
data content or information lost or accessed while using our services;
interrupted, failed, or inaccurate location information services;
information or communication that is blocked by a spam filter or other security or safeguard device;
damage to your device or any computer or equipment connected to your device, or damage to or loss of any information stored on your device, computer, equipment, or boost storage space from your use of the services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or
things beyond our control, including acts of god (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts.
You should implement appropriate safeguards to secure your device, computer, or equipment and to backup your information stored on each.

To the extent allowed by law, our liability for monetary damages for any claims that you may have against us is limited to no more than the proportionate amount of the service charges attributable to the affected period. Under no circumstances are we liable for any incidental, consequential, punitive, multiple, or special damages of any nature whatsoever arising out of or related to providing or failing to provide services in connection with a device, including, but not limited to, lost profits, loss of business, or cost of replacement products and services.

Applicable Law and Jurisdiction

These Terms and Conditions of Use shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue. 

Arbitration

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to 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 information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

 Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any or all of your rights granted under the Terms and Conditions of Use.

Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.

Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.

If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of charvail.com in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

Severability

If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.

Miscellaneous Provisions

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.

We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.

Terms and Conditions of Sale

General

You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. You agree that if you are unsure of the meaning of any part of the Terms and Conditions of Sale, you will not hesitate to contact us for clarification prior to making a purchase.

These Terms and Conditions of Sale fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.

Formation of Contract

Both parties agree that browsing the website and  gathering infromation regarding the services provided by the seller does not constitute an offer, but merely aninvitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method,proceeded to the check out and completed the check out process.

Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product.

Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.

Acceptance of Electronic Documents

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically,satisfy any legal requirement that such communications be in writing. 

Payment and Pricing

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.

Refund Policy

As you may have observed, all the products we sell on this site are affiliate products, so if you have any complaints or you need a refund for any product you purchased, you would have to contact the affiliate company you purchased from. As for the services we render like Online PR, Seminars etc, we do not offer any refund. So before you decide to make payments, make sure you understand and are satisfied with what you are paying for.

Indemnity

You agree to indemnify us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions of Sale.

Applicable Law and Jurisdiction

These Terms and Conditions of Sale shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue. 

Arbitration

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Sale will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to 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 information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Severability

If any portion of these Terms or Conditions of Sale is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Sale and shall not affect the validity or enforceability of any other section listed in this document. 

Miscellaneous Provision

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Sale to any third party is prohibited unless agreed upon in writing by the seller.

We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Sale to any third party.