Your use of the ToyotabyCFAO website www………………………… (hereinafter referred to as “CFAO”, “We”, “Us”, “Our”) are governed by the following terms and conditions. If you transact on this website, these terms and conditions constitute your binding obligations.

We reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Capacity to contract

Use of this website is available only to persons who can form legally binding contracts under Nigerian governing laws.

If you are a minor i.e. under the age of 18 years, you shall not register a profile on this website. We reserve the right to terminate your registration if it comes to our notice or attention that you are under the age of 18 years.

Your Account and Registration Obligations

If you register an account on this website, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete that we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, we have the right to indefinitely suspend or terminate your account on this website.

Communications

When you use this website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically. In similar manner, we may communicate with you by email or by such other mode of communication, electronic or otherwise.

Charges

Account creation on this website is free. Notwithstanding this, we may at our sole discretion introduce new services and modify some or all of the existing services offered on this website. In such event, we reserve, without notice to you, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes in this regard shall automatically become effective immediately once implemented on this website. Unless otherwise stated, all fees shall be quoted in Nigerian Naira.

Use of this website

You agree, undertake and confirm that your use of this website shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information that:
Belongs to another person and to which you do not have any right.
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” or misleading in any way.
Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual.
Harasses or advocates harassment of another person.
Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”.
Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
Infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity].
Contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
Interferes with another user’s use and enjoyment of this website or any other individual’s user and enjoyment of similar services.
harm minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items.
Violates any law for the time being in force.
Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
impersonate another person.

Shall not be false, inaccurate or misleading.

Shall not, directly or indirectly, offer, attempt to offer; trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
You shall not attempt to gain unauthorized access to any portion or feature of this website, or any other systems or networks connected to this website or any of our servers, computer, network, or to any of the services offered on or through this website, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of this website or any network connected to this website nor breach the security or authentication measures on this website or any network connected to this website.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any transaction being conducted on this website, or with any other person’s use of this website.

You may not use this website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of CFAO or others. Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in Your Information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with the terms of use and our Privacy Policy.
You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on this website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on this website is owned, controlled or licensed by or to CFAO Motors Nigeria Limited, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of this website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. You may use information on our products and services purposely made available by us for downloading from this website, provided that you:
Do not remove any proprietary notice language in all copies of such documents,
Use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
Make no modifications to any such information, and
Not make any additional representations or warranties relating to such documents.

Other Businesses

We do not take responsibility or liability for the actions, products, content and services on this website, which are linked to affiliates and/or third-party websites using this website APIs or otherwise. In addition, we may provide links to the third-party websites of affiliated companies and certain other businesses for which, we assume no responsibility for examining or evaluating the products and services offered by them, and we do not warrant the offerings of, any of these businesses or individuals or the content of such third-party website(s). We do not in any way endorse any third-party website(s) or content thereof.

MANDATORY DECLARATION

You hereby declare that you have provided all necessary legal delivery details for the shipment of the product to the destination specified by you in the order.
You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.

Disclaimer of Warranties And Liability

This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, we do not warrant that:
This website will be constantly available, or available at all; or
The information on this website is complete, true, accurate or non-misleading.
We will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with this website. We do not warrant that this website; information, content, materials, product (including software) or services included on or otherwise made available to you through this website; our servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Applicable Law

All the products sold on this website are governed by laws of The Federal Republic of Nigeria and if we are unable to deliver such products due to implications of the laws, we will return or will give credit for the amount received by us from the sale of such product, which could not be delivered to you.

By registering your personal information with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.

Services Payment

While availing any of the payment method(s) offered at the website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
Lack of authorization for any transaction(s), or
Exceeding the preset limit mutually agreed by you and between your “Bank(s)”, or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s.
All payments made against the purchases/services on the website by you shall be compulsorily in Nigerian Naira acceptable by the Central Bank of Nigeria. We do not accept any other form of currency with respect to the purchases made on the website.

Breach

Without limiting other remedies, we may limit your activity, immediately remove your information, immediately temporarily/indefinitely suspend or terminate or block your account in the event, but not limited to:
If you breach the Terms of Use or Privacy Policy or other rules and policies, if any;
If we are unable to verify or authenticate any information you provide; or
If it is believed that your actions may cause legal liability for you or us.

We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with our website or use our website in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate law enforcement or other authorities for initiating criminal or other proceedings against you.

Indemnity

You shall indemnify and hold harmless CFAO Motors Nigeria Limited, its owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including attorneys’ fees, made by you or any third party or penalty imposed due to or arising out of your use of the products or services, or in the event you breach this Terms of Use, the Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party on our website.

Applicable Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of The Federal Republic of Nigeria. The place of jurisdiction shall be exclusively in Lagos, Nigeria.
Jurisdictional Issues/Sale in Nigeria Only
Unless otherwise specified, the material on this website is presented solely for the purpose of sale in Nigeria. Those who choose to access this site from other locations other than Nigeria do so on their own initiative and we are not responsible for supply of the products/availability of services, refund for the products or services ordered from other locations other than Nigeria, compliance with local laws, if and to the extent local laws are applicable.

Trademark, Copyright and Restriction

This website is controlled and operated by CFAO Motors Nigeria Limited. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Materials on this website owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so.

Risk of loss

All items purchased from this website are made pursuant to a shipment contract. This means that the risk of loss shall remain with us until the item is transferred to You. In the event that the items are damaged after receipt, the risk falls on the customer.

Pricing and Typographical error

If we discover that any difference in pricing results from typographic errors with regards to pricing or product/service information, we shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order.

Cancellation of order

We reserve the right to cancel any order without any explanation for doing so, under a situation where we are not able to meet the requirement of the order placed; or where the order so placed/cancelled does not comply with our policy, or for any reason. However, we will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.

Cancellation requests from a customer must be submitted prior to the shipment of an order and before the order status is updated to ‘shipped’. In the event of a shipment cancellation request made after the item has been shipped or processed to be shipped to the designated location, the customer shall assume responsibility for the logistics costs associated with the item, and shall bear the costs incurred for the shipment.

Termination of Service

We reserve the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our products and services with or without prior communications. You hereby consent that we will under no circumstance be liable to you or any third party for any modification or discontinuance of availability of products or services on the website.

Limitation of Liability

In no event shall we be liable to you for any special, incidental, indirect or consequential damages of any kind in connection with your use of this website, the ordering of our products or use of our services, even if we have been informed in advance of the possibility of such damages. Our aggregate liability to you, any individual or any third party in any matter arising herefrom, related or connected to our products and services is at our sole discretion.

Governing Law and Dispute Resolution

As regards any dispute relating in any way to your use of this website or to any products or services sold or distributed by Toyota by CFAO, you covenant that you shall not commence or maintain any suit against us whether at law or in equity, but Parties shall use all reasonable endeavors to settle any dispute or difference of opinion between them, arising from or in connection with this Agreement amicably through mutual discussion. If the dispute cannot be resolved by mutual discussions within a period of fourteen (14) days from the date of notice, such dispute or claim will be resolved by mediation, rather than in court. Each Party shall be responsible for its legal expenses in relation to such mediation proceeding. The mediation proceedings shall be carried out at the Lagos MultiDoor Courthouse in accordance with the provisions of the Arbitration and Mediation Act.