DStv Webshop (MCNShop) TERMS AND CONDITIONS
1. What do these Terms regulate?
1.1 Scope of the Terms
1.1.1 These terms and conditions ("Terms"), subject to paragraph 2 below, regulate the terms and conditions upon which you may:
188.8.131.52 purchase the Products; and
1.2 Meanings of words and phrases in these Terms
1.2.1 Specific meanings (definitions) have been given to some words and phrases in these Terms. These words and phrases start with a capital letter. The only defined words that do not always have a capital letter are the words 'you', 'we' and 'us'.
1.2.2 A full list of the defined words and phrases, and also the meanings we have given them, is in paragraph 26. Sometimes the definitions of a word or phrase can also be found in a paragraph where we use the word or phrase (in the same way that in paragraph 1.1.1 above the phrase "terms and conditions" is defined as "Terms"). These words and phrases that have been defined will have the same meaning wherever they are used in these Terms.
2. Your agreement to comply with the Terms
2.1 You must agree to these Terms if you wish to place an Order to purchase the Products.
2.3 When you agree to these Terms, this will become a legal contract between you and us.
2.4 If you do not agree to these Terms you must:
2.4.1 immediately stop using this Website and the Website Content; and
2.4.2 immediately delete any and all copies of the Website Content in your possession or under your control.
2.5 You may print a copy of these Terms. If you have any difficulty printing these Terms or require assistance in obtaining a hard copy or electronic copy of these Terms you should contact us on email@example.com
3. Registration and account
You can register on the Website by completing an electronic registration form. Only customers who have registered may place Orders for Products.
3.1 You must be 18 years or older
You must be at least 18 years or older to register on the Website. If you are under the age of 18 years, you must have the consent of your legal guardian to use the Website.
3.2 How to register
3.2.1 If you are a first time customer you must register on the Website to open a customer account.
3.2.2 You will be required to complete an electronic registration form which will include:
184.108.40.206 creating an unique password;
220.127.116.11 providing us with all the information we require, including but not limited to a full name, gender, date of birth, valid email address, address and contact number; and
3.2.3 You must provide accurate and complete information as prompted by the electronic registration form or any other request made by us. Your registration will be rejected if you fail to properly complete the electronic registration process.
3.3 Your account
3.3.1 After you complete the registration process described in paragraph 3.2, we will confirm your registration by sending you an email confirming your registration and will create your account.
3.3.2 Your account will enable you to:
18.104.22.168 browse the Product Catalogue, including reviewing details of Products and comparing Products;
22.214.171.124 add Products to your "wishlist";
126.96.36.199 add Products to your shopping cart;
188.8.131.52 create an Order;
184.108.40.206 view the status of an Order and track an Order;
220.127.116.11 pay for the Products; and
18.104.22.168 email details of Products to a person.
3.4 Updating your details
3.4.1 You must tell us if the details we have for you change, or if they are incorrect or incomplete.
3.4.2 You may at any time change your contact details and your unique password by logging on to the Website and changing your details.
3.4.3 For any changes made to your account, we will send you an email to validate the change before we affect such changes to your account.
3.4.4 You may delete your account at any time. We will send you an email to confirm that you wish to delete your account before we delete your account.
3.5 How to log in to your account
You will be able to log in to your account on the Website using your email address and password.
3.6 Keeping your account secure
3.6.1 You must keep your password secret.
3.6.2 You are responsible for all use of your account and your password.
3.6.3 Whenever a person performs any act with your password or through your account, we will treat this as if it was done by you and with your approval.
3.6.4 In the event of any unauthorised access to your account, you will be responsible for changing your privacy settings on as soon as you become aware of same.
3.6.5 You accept that we cannot protect you if you do not keep your password secret or if someone obtains unauthorised access to your account.
3.6.6 We will not be responsible for any loss or damage you may suffer if any other person uses your password or accesses your account or the Services using your password without your approval or consent.
3.7 Territorial restrictions
3.7.1 The Products that may be available may vary by Territory.
3.7.2 Prices will be specific to the Territory and charged in the currency of the Territory.
4. Our Products
4.1 We offer the Products specified in the Product Catalogue for sale.
4.2 Sale of the Products is subject to availability. You will not be able to order Products which are out of stock.
4.3 The images of the Products on the Website are for illustrative purposes only. Although we have made efforts to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. The Products may vary slightly from those images.
4.4 The packaging of the Products may vary from that shown on images on the Website.
4.5 The Website and Product Catalogue is solely for the promotion of the Products in the Territory. We do not sell, accept Orders, or deliver to locations outside of the Territory.
5.1 The price of the Products will be as set out in the Product Catalogue in force at the time that you create your Order.
5.2 Our prices may vary and change at any time, but price changes will not affect Orders which you have already created and paid for.
5.3 The prices for the Products include VAT and other applicable taxes.
5.4 The prices for the Products exclude delivery costs. The delivery costs will be as communicated to you during the check-out process, before you confirm your Order. The delivery costs will be added to the total amount that you must pay.
5.5 The prices for the Products in some instances exclude the Installation Service. If you choose the Installation Shipping option, you must pay the accredited independent installer the installation service charge.
5.6 The Website contains a large number of Products. Despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order.
5.7 If there is a price change from the price in your Order, we will not process your Order until we have your instructions and confirmation. If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as cancelled and notify you in writing.
6. How to Order the Products
6.1 Our shopping pages will guide you through the steps you need to take to place an Order with us.
6.2 You can add as many Products as you wish to your shopping cart.
6.3 To create an Order, you must:
6.3.1 check-out the Products you wish to purchase from your shopping cart;
6.3.2 provide or confirm your delivery address;
6.3.3 provide or confirm your billing address;
6.3.4 provide your preferred shipping or delivery method; and
6.3.5 provide your preferred payment method.
6.4 Once you have successfully created an Order, we will provide you with an Order number for tracking and reference purposes.
6.5 After you create an Order, you will receive an email from us acknowledging that we have received your Order. This does not mean that your Order has been accepted.
6.6 Our acceptance of the Order is conditional upon our receipt of your payment. We will confirm our acceptance to you after we successfully receive payment from you by sending you an email confirming your Order ("Order Confirmation").
6.7 You will be able to view the status of your Order when you log in to your account on the Website, and insert your Order number.
6.8 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
7. How to pay
7.1 You can pay for the Products using the payment methods that we may make available on the Website at the time of your Order. In order for you to make use of a payment method, you may be required to agree to additional terms and conditions relating to the use of a particular payment method.
7.2 We accept the following payment methods :
7.2.1 Bank Cards; MasterCard, Visa, Verve and Genesis
7.2.2 Mobile Money Wallets; Paga, PocketMoni and Eazymoney
7.2.3 Payment for the Products and all applicable delivery charges is in advance. You must pay the full total amount due and payable at check-out. We do not accept partial payments.
7.3 You will be required to capture your payment method and pay within [5 minutes] from the time that you proceed to check-out. If this time is exceeded then you will be taken back to the beginning of the Ordering process.
7.4 We will email you an invoice once you have paid for the Products.
7.5 We will only accept payment in the lawful official currency applicable the Territory.
7.6 We will not store or save any of your payment details.
8.1 You will be provided with a delivery method at check-out.
8.2 We will provide you with an estimated delivery date when we e-mail you the Order Confirmation. We do not guarantee that a Product will be delivered by the estimated delivery date. The Product may be delivered before or after the estimated delivery date. You will still be obliged to accept delivery when this happens.
8.3 Where you have chosen delivery by courier, we will deliver to the specified delivery address. If no one is available at your delivery address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
8.4 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or where you collect the Products from one of our stores, and all risk and ownership in and to the Products will pass to you from the date of delivery.
8.5 Occasionally our delivery to you may be affected by a Force Majeure Event. Please refer to paragraph 19 for our responsibilities when this happens.
8.6 Unless we specify otherwise, we do not deliver to addresses outside of the Territory. You may place an Order for Products from a location outside of the Territory but the Order must be for delivery to an address in the Territory.
9.1 Upon receipt of your Order Confirmation you may not cancel your Order (with the exception of a cancellation occasioned by a force majeure. See Clause 19.4)
10. Return and refunds
10.1 Faulty Products
If the Products you purchase do not comply with the manufacturer's guarantee or the warrantee that we may give on the Products, you may return the Products to us within 12 months after delivery (see clause 11 for more information on manufacturer's guarantees and our warrantee). If you have returned the Products to us because they do not comply with the manufacturer's guarantee or our warrantee, we will replace the Product.
11. Guarantee and warranty
11.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
11.2 For Products which do not have a manufacturer's guarantee, we do not provide a warranty for these products.
11.3 The warranty in paragraph 11.1does not apply to any defect in the Products arising from:
22.214.171.124 fair wear and tear;
126.96.36.199 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
188.8.131.52 if you fail to operate or use the Products in accordance with the user instructions;
184.108.40.206 any alteration or repair by you or by a third party who is not one of our Dealers or Agents; or
220.127.116.11 any specification provided by you.
12. Permitted use of the Website
12.1 Subject to the further provisions of these Terms, this Website and the Website Content may only be used by you for lawful personal purposes ("the Permitted Use"). The Permitted Use shall not extend to the use of the source code of this Website or the Website Content or the use of the Website or Website Content for commercial purposes.
12.2 In addition, you are not allowed, without our prior written approval, to:
12.2.1 frame, link to, modify, distribute, commercialise, exploit and/or alter the Website or the Website Content;
12.2.2 incorporate any part of the Website Content in any other work or publication;
12.2.3 perform any other act which may not be considered fair use; and/or
12.2.4 perform any other act or action which we do not expressly give you permission to do in these Terms
(collectively "Prohibited Acts")
12.3 These Terms and any restrictions on the use of this Website or the Website Content shall also apply to any part of this Website or the Website Content which may be cached when using this Website or the Website Content.
12.4 We may, in our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate:
12.4.1 the Webshop;
12.4.2 the operation of this Website or any of the Website Content; or
12.4.3 your right to use this Website or any of the Website Content.
12.5 You may not transfer any rights granted to you in terms of these Terms to any other person or entity.
12.6 We are allowed to grant the same, similar, additional or different rights to any other person or entity.
12.7 You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you to use and access the Website or Website Content.
13. Exclusion of liability and indemnity
13.1 Your use of this Website and the Website Content is entirely at your own risk.
13.2 To the fullest extent permitted by law, we shall not have any liability whatsoever in relation to this Website and the Website Content. You hereby indemnify us against any loss, liability, expense, claim, penalty or damage ("Loss"), whether direct, indirect, special or consequential, arising from your use of the Website or the Website Content, or any actions or transactions resulting therefrom, even if we have been advised of the possibility of such Loss.
13.3 In addition, we will not be liable for any unavailability, interruption, downtime, malfunction, or failure of payment service, this Website or the Website Content for any reason whatsoever.
13.4 To the fullest extent allowed by law, if any of the limitations or exclusions of our liability in these Terms are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will our total cumulative liability to you exceed the value of the Product.
13.5 For the purposes of this clause 13, any reference to us will be deemed to also include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers.
14. Disclaimer and exclusion of warranties
14.1 This Website and Website Content are provided "as is" and is subject to change without notice.
14.2 We do not accept any responsibility for any errors or omissions on this Website or the Website Content.
14.3 In addition, you acknowledge that the Website Content may not be accurate or complete.
14.4 This Website and the Website Content is provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of this Web Site or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Website Content.
14.5 We also make no warranty or representation, whether express or implied, that the Website Content is free of viruses, destructive materials or any other data or code which is able to harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device, or your hardware or software and you accept all risks in this respect.
14.6 You may also not rely on any warranty or representation, which allegedly induced you to agree to these Terms, unless the representation or warranty is recorded in these Terms.
14.7 You acknowledge that this Website and the Website Content is not intended to, and does not, constitute advice or a recommendation of any nature whatsoever, including (without limitation) in respect of any institution, investment, service or product.
14.8 The grant of any indulgence by us to the you in respect of any matter connected to the use of this Website or the Website Content shall not constitute a waiver of any right by us or prevent or adversely affect the exercise by us of any existing or future right.
15. References and links to and from other web sites
15.1 This Website may contain references or links to other web sites ("Other Web Sites") and to the products, opinions or services of third parties. Your use of the Other Web Sites or the products or services of third parties is entirely at your own risk.
15.2 Your use of Other Web Sites or the products or services of third parties shall be entirely at your own risk. We shall not be responsible for any Loss whether direct, indirect, special or consequential, arising from or related to your reliance on, use or attempted use of Other Web Sites or the opinions, products or services of third parties.
15.3 You shall not make (and may not permit any third party to make) any reference to us, this Website or the Website Content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by us in relation to you or a third party, or of the services, products or opinions of a third party, without our prior written consent.
15.4 For the purposes of this clause 15, any reference to us will be considered to also include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers, suppliers and content providers.
16. Intellectual Property Rights
16.1 The Website and the Website Content are protected by law. Any unauthorised use of the Website and the Website Content is prohibited.
16.2 You will not acquire any right, title or interest in or to this Website or the Website Content other than those rights expressly granted to you in these Terms.
16.3 Where any of the Website Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
17. Your behaviour when using this Web Site
17.1 You shall not use this Website to obtain or distribute:
17.1.1 copyrighted material or material protected by law without our prior written consent;
17.1.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.
17.2 You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of this Website.
17.3 You are strictly prohibited from using this Website for "spoofing", "hacking", "flaming", "cracking", "phishing", "spamming", "scraping" Website Content, or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
17.4 You shall not intercept any information transmitted to or from us or this Website which is not intended by us to be received by you.
18. We may suspend the Website and your use of the Website
18.1 We may temporarily suspend part or all of the Website, or your use of the Website and account in any one or more of the these circumstances:
18.1.1 we need to maintenance on, or updates to, the Website, or any of the systems, software, technology or other infrastructure that we use to provide the Website or Website Content;
18.1.2 we become aware of any actual, threatened or suspected fraud or any actual, threatened or suspected unauthorised use of your account;
18.1.3 we have reasonable grounds to believe that the Website or your account are being used negligently, fraudulently , illegally or in a way that we have not given permission for;
18.1.4 you do not comply with your obligations and even after we have given you 10 days notice to comply (or such shorter period where this is reasonable);
18.1.5 we reasonably believe that your password has been lost or stolen or disclosed to an unauthorised person;
18.1.6 we become aware that any information you have provided is false, inaccurate, incomplete or misleading;
18.1.7 we must do so to comply with the law; or
18.1.8 a court or regulator tells us to do this.
18.2 The suspension will continue for so long as we reasonably believe is appropriate.
18.3 We will notify you if we suspend part or all of the Website or your account where it is reasonable to do so.
19. Force majeure
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by a Force Majeure Event.
19.2 A Force Majeure Event means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport].
19.3 If a Force Majeure Event takes place that affects the performance of our obligations under these Terms:
19.3.1 we will contact you as soon as reasonably possible to notify you; Where the Force Majeure Event affects our delivery of Products to you, we will arrange a new delivery date with you after the Force Majeure Event is over.
19.4 You may cancel an Order affected by a Force Majeure Event where delivery has not taken place within  days after we accepted and confirmed the Order. To cancel please contact us.
20. Giving notices to each other
20.1 Addresses where we agree to accept notices, including legal notices
20.1.1 Any notices sent to us under these Terms, including legal notices, must be delivered to us at any one of the following addresses:
18.104.22.168 By hand or post: [Plot 1381, Tiamiyu Savage Street, Victoria-Island, Lagos ]
22.214.171.124 By email: [firstname.lastname@example.org]
20.2 Addresses where you agree to accept notices, including legal notices
20.2.1 Any notices we send to you under these Terms, including legal notices, will be delivered to the address you provided upon registration or any other address which you have given us proper notice about. If you change addresses but do not tell us you agree that you will accept notices, including legal notices, at the address which you provided at registration.
20.2.2 If you chose email as your preferred method of communication at registration, you agree that we may deliver notices, including legal notices, to your email address.
20.3 Time periods for notices, including legal notices
20.3.1 As far as the law allows, we both agree that any notice delivered under these Terms is treated as being received:
126.96.36.199 on the date of delivery, if delivered by hand to the physical address;
188.8.131.52 10 days after posting, if sent by ordinary mail to a postal address;
184.108.40.206 on the first business day after sending an email;
220.127.116.11 at 09h00 on the first business day after sending a SMS toy your mobile number.
20.4 Notices by SMS or email
20.4.1 We have the right to send you notices about the following issues by SMS or email:
18.104.22.168 increases to prices;
22.214.171.124 notices that we intend to suspend or terminate the Website or your account;
126.96.36.199 notices that we have amended or updated any part of the Terms; and
188.8.131.52 notices about billing, delivery or payment information.
20.4.2 You may not unsubscribe to receive notices from us regarding the above information.
21. Direct marketing
21.1 We may send you notices from time to time about marketing offers, newsletters or other recommendations or information which we may deem to be relevant or interesting to you.
21.2 You may unsubscribe from these communications at any time, by following the unsubscribe link in the communication.
21.3 We will only send you newsletters if you selected this option during the registration process.
22. Variation of Terms
22.1 We may at any time amend, or impose additional terms and conditions relating to these Terms from time to time. Please refer to the top of this page to see when these Terms were last updated and which Terms were changed.
22.2 On the first occasion on which you use this Website after the amended Terms have been displayed on this Website, if you continue to use this Website after having had a reasonable opportunity to review the amended Terms, the amended Terms will immediately be treated as being effective and binding on you.
22.3 Every time you order Products from us, the Terms in force at the time of your order will apply. It is your responsibility to access and familiarise yourself with any amendments to the Terms on each occasion that you make use of this Website.
22.4 If we have to revise these Terms as they apply to your Order, we will use reasonable efforts to contact you to give you reasonable advance notice of the changes. If you not agree to the changes you may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at your cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, excluding any delivery charges.
Should you experience any difficulties with any aspect of the Website you may contact our support team on 08039003788 or 01-2703232 or send us an email at email@example.com.
25. Other important terms
25.1.1 You shall not cede, assign or transfer any of your rights and obligations in these Terms without our prior written consent.
25.1.2 We are entitled to cede, delegate, assign or transfer any or all of our rights and obligations in these Terms or an Order without your prior written consent and without notice to you.
25.2 Governing law and jurisdiction
25.2.1 The Terms and the relationship between us shall be governed by the laws of the Federal Republic of Nigeria
25.2.2 As far as the law allows, you agree to submit to the non-exclusive jurisdiction of the courts located in the Federal Republic of Nigeria.
25.3.1 Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
25.3.2 If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
25.4 Whole agreement
25.4.1 These Terms make up the whole agreement between you and us relating to the use of the Services. As far as the law allows, neither you nor we are legally obliged to comply with any term, condition, undertaking, representation, or promise relating to the Services that is not written in these Terms.
25.5 Each provision is separate
Each provision of these Terms, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision of these Terms, or part of a provision, becomes unenforceable, illegal or invalid, it must be treated as if it was not included in these Terms. The rest of these Terms will still be valid and enforceable.
26. Definitions and interpretation
In these Terms the following words and phrases have the meanings set out below:
26.1.1 "Agent" means a legal company registered with MCA to service Subscribers using MPOS devices, which dealer may appoint Agents who are responsible to service Subscribers;
26.1.2 "Dealer" means a person appointed by a Dealer to assist Subscribers with customer services functions and to make payments for the Subscriber's products;
26.1.3 "Order" means your online order for the Products on the Website;
26.1.5 "Products" means the hardware products available for sale as contained in the Product Catalogue on the Website;
26.1.6 "Product Catalogue" means the online product catalogue containing details and prices of products;
26.1.7 "Territory" means [The Federal Republic of Nigeria];
26.1.8 "we", "our", "us" means [insert name of MultiChoice entity and registration number] and includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers and suppliers
26.1.9 "Website" means this website which is accessible at URL http://naijashop.dstv.com or any other URL used by us from time to time for this purpose;
26.1.10 "Webshop" means the GOTV online shop on the Website where you can purchase the Products;
26.1.11 "you" and "your" means any customer who registers on the Website;
26.2.1 References to the singular includes the plural and vice versa;
26.2.2 Clause headings are for convenience and not to be used in interpreting these terms and conditions.
26.2.3 Words in any particular gender include the other genders (male, female and neutral). Reference to a neutral gender (for example 'they' or 'it') include all genders.
26.2.4 The word ‘including’ or 'include' or 'includes' must not be interpreted as limited to the list following the word or excluding other items from a list following the word. The word:
184.108.40.206 'including' means 'including but not limited to';
220.127.116.11 'include' means 'include but is not limited to'; and
18.104.22.168 'includes' means 'includes but is not limited to'.
26.2.5 Where any number of days is given, those days are counted to exclude the first day but include the last day.