Terms of Use

These Terms of Use (“Terms“) govern your use of this platform at www.lickquor.ng (“Website”), including any mobile applications, web applications, affiliated websites and services, operated by Lickquor and Beverages Limited (hereinafter referred to as “Lickquor”, “Us”, “We”, or “Our”). Please read these Terms before using or continuing to use this Platform. Do not agree to the Terms unless you fully understand and accept each provision. By using or continuing to use the Website, you acknowledge and represent that you understand, agree and accept all terms and conditions contained in these Terms and agree to comply and be bound by same.

If you do not agree to this Terms, please do not continue to use or access the Website. We recommend that you print a copy of these terms for future reference. We amend these terms from time to time. Every time you wish to use our site, please check these Terms to ensure you understand and accept the terms that apply at that time.

1. Introduction

Lickquor operated an ecommerce platform consisting of a website together with supporting logistics and payment infrastructure, for the sale and purchase of beverages of all kinds, primarily alcoholic beverages in Lagos State, Nigeria. The term “you” or “You” or “User” or “Users” shall refer to Clients or any other person or entity who views, uses, accesses, browses or submits any data, content, or material to the Website. These Terms are entered into by and between Lickquor and you, and you accept them by: (a) contracting to use all services available on the Website; and (b) using and continuing to use the Website in any other manner. If you are using the website in the course of business or other organizational project, then by doing so doing you:

1. Confirm that you have obtained the necessary authority to agree to these terms of use;
2. Bind both yourself and the person, company or other legal entity that operated that business or organization project, to these terms or use;
3. Agree that “you” in these terms of use shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.

The Website

To the extent that anything on or associated with the Website is in conflict or inconsistent with these Terms, the Terms shall prevail. Any express waiver or failure to promptly exercise any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, such provision will be replaced with a new provision that reflects and accomplishes our original business purpose, such new provision to immediately become effective, and the other provisions of the Terms, not replaced will remain in full force and effect.

2. Prohibited Uses

You may use our site only for lawful purposes.  You are prohibited from using our site:

2.1.         In any way that breaches any applicable local, national or international law or regulation.

2.2.         In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

2.3.         For the purpose of harming or attempting to harm anyone in any way.

2.4.         To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

2.5.         To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

3. Obligations and Conduct

In consideration of your use of the Website, you agree:

(a) that you are of legal age and have capacity to agree to these Terms. If you are below eighteen (18) please obtain the permission of your parent or guardian before using the Website;

(b) to provide accurate, current, and complete information about you as may be prompted by the Website (“Registration Data”) even where such information is not specifically requested by Lickquor;

(c) to maintain the security and confidentiality in relation to your password, identification and any other information which may be required for grant of access to the Website;

(d) to maintain and promptly update the Registration Data and any information you provide to Lickquor, to keep it accurate, current and complete; and

(e) to give Lickquor a period of three (3) months from the date it issues a public notice of any data breach or potential data breach to rectify such breach or potential breach.

 

4. Confidentiality of Lickquor’s Information

 

You may obtain direct access via the Website to certain confidential information of Lickquor and its affiliates, including without limitation to – technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You understand and agree that such information need not have been marked confidential or expressly stated as confidential before it is deemed confidential. You irrevocably covenant and warrant to hold Confidential Information in strict confidence and utmost integrity. All rights, titles and interests in the Confidential Information remains with Lickquor and/or its affiliates.

 

The Terms impose no obligation upon you with respect to Confidential Information which you can establish by legally sufficient evidence that: (a) you possessed prior to your receipt from Lickquor, without an obligation to maintain its confidentiality or through no breach of your confidentiality obligations; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of these Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of other Users who have had access to it; or (e) is in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish your rights under these Terms and as disclosed after prior notice to Lickquor to afford Lickquor the adequate opportunity to object to the disclosure.

 

5. Terms and Conditions of Sale

 

1. You acknowledge and agree that:

 

1. the website provides an online/e-commerce platform for buyers to purchase Lickquor’s products;
2. a contract for the sale and purchase of a product or products will come into force between Lickquor and you, and accordingly you commit to buying the relevant product or products, upon Lickquor’s confirmation of purchase via the website.

 

2. Subject to these terms of use, Lickquor’s terms of business shall govern the contract for sale and purchase between you and Lickquor. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between you and Lickquor:

 

1. the price for a product will be as stated in the relevant product listing;
2. the price for the product shall be subject to all relevant taxes and comply with applicable laws in force from time to time;
3. delivery charges, packaging charges, handling charges, administrative charges, , other ancillary costs and charges, will only be payable by the you if this is expressly and clearly stated;
4. products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available.

 

6. Returns and refunds

 

a)     Returns of products by you and acceptance of returned products by you shall be managed on a case by case basis due to the uniqueness of each circumstance. Acceptance of returns shall be in Lickquor’s sole discretion, subject to compliance with applicable laws of the territory.

 

b)     Refunds in respect of returned products shall be shall be managed on a case by case basis due to the uniqueness of each circumstance. Our rules on refunds shall be exercised in Lickquor’s discretion, subject to applicable laws of the territory. We may offer refunds, in our discretion:

1. in respect of the product price;
2. delivery fees (as stated on the refunds page); and
3. by way of store credits, wallet refunds, vouchers, mobile money transfer, bank transfers or such other method as we may determine from time to time.

c)     Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website.

 

7. Advertisements and promotions

 

Lickquor may and reserves the right to run advertisements and promotions from third parties or affiliated parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Lickquor, found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Lickquor is not a party to, responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such non-Lickquor advertisers on the Website.

 

8. Content Uploaded to Website

 

1. Whenever you make use of a feature that allows you to upload content to the Website, you warrant that any such contribution must comply with our terms of use, and you will be liable to us and indemnify us against any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

2. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

 

9. Malware & Viruses

 

1. We do not guarantee that our website will be secure or free from bugs, viruses or similar malware.
2. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own malware protection software.
3. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Cybercrime Act 2015. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately and you shall have no claim for refunds of any monies which have been paid towards the purchase of the products available on the Website.

 

10.        Indemnification

 

You agree to indemnify, defend, and hold harmless Lickquor and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by Lickquor in any way related to:

 

1. any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms of use or the Lickquor policies or guidelines; and

 

2. any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our website, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.

 

3. You further agree that you will cooperate as requested by Lickquor in the defense of such claims. Lickquor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of Lickquor without the written consent of Lickquor.

 

11.        Copyrights and trademarks

 

1. Subject to the express provisions of these terms of use:
   
   1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
   2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
2. Lickquor’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
3. The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights

 

12.        Limitations and exclusions of liability

1. Nothing in these terms of use will:
   
   1. limit any liabilities in any way that is not permitted under applicable law; or
   2. exclude any liabilities or statutory rights that may not be excluded under applicable law.
2. The limitations and exclusions of liability set out in this clause 12 and elsewhere in these terms of use:
   
   1. are subject to clause 12(a); and
   2. govern all liabilities arising under these terms of use or relating to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms of use.
3. In respect of the products and perks offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.
4. Our aggregate liability to you in respect of any contract to provide products to you under these terms of use shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the website shall constitute a separate contract for the purpose of this clause 12(d).
5. Notwithstanding clause 12(d) above, we will not be liable to you for any loss or damage of any nature, including in respect of:
   
   1. any losses occasioned by any interruption or dysfunction to the website;
   2. any losses arising out of any event or events beyond our reasonable control;
   3. any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
   4. any loss or corruption of any data, database or software; or
   5. any special, indirect or consequential loss or damage.
6. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Product(s). Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Product(s) are suitable for your purposes.
7. We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms of use (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
8. Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

13.        Breach of these terms of use

1. If you breach these terms of use, or if we reasonably suspect that you have breached these terms of use or any Lickquor policies or guidelines in any way we may:
   
   1. temporarily suspend your access to our website;
   2. permanently prohibit you from accessing our website;
   3. block computers using your IP address from accessing our website;
   4. contact any or all of your internet service providers and request that they block your access to our website;
   5. suspend or delete your account on our website; and/or
   6. commence legal action against you, whether for breach of contract or otherwise.
2. Where we suspend, prohibit or block your access to our website or a part of our website you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

14.        Entire Agreement

 

These terms of use shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

15.        Variation

 

1. We may revise these terms of use from time to time.
2. The revised terms of use shall apply from the date of publication on the website.

 

16.        Severability

 

1. If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of these terms of use would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

17.        Third party rights

 

1. A contract under these terms of use is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
2. The exercise of the parties’ rights under a contract under these terms of use is not subject to the consent of any third party

 

18.        Governing Law

 

These terms of use shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

 

19.        Dispute Resolution

 

You covenant that if any controversy, claim or dispute arises which relates in any way to the interpretation, or enforcement of any term of these terms of use, or any breach thereof, or concerns any other matter in connection with this Terms, you and Lickquor shall use your best endeavors to settle amicably in good faith any dispute or difference between you arising from or in connection with this Terms through mutual discussion.

 

If you are unable to settle the dispute as indicated above within sixty (60) days, the dispute shall be referred to mediation by the legal representative of either of you. Mediation shall be conducted at and in line with the Rules of the Lagos State Multi-Door Court House (LMDC).

 

This clause shall survive the termination of this Terms and shall accordingly apply at all times to disputes and differences of opinion arising between you hereto concerning these terms of use or any matter there under.

 

This Clause shall not preclude Lickquor from obtaining interim relief from a court of competent jurisdiction. Where mediation fails, the dispute shall be referred to a court of competent jurisdiction for resolution.

 

20.        Injunction

 

You agree that any material breach of the Terms will result in irreparable harm to Lickquor for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Lickquor will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Lickquor seeks such an injunction.

 

21.        Notices, Modification and Termination of Services, Amendment of Terms

 

Lickquor may provide notice to Users via email, phone number, social media, or regular mail. Lickquor reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. Lickquor will not be liable to Users or any third-party for any modification, suspension, or termination of service.