Terms of Use for LawPavilion Primsol

Welcome to LawPavilion Primsol ('Application')! Please read these Terms of use carefully before using this Application as they contain important information regarding your legal rights, remedies, obligations; and LawPavilion's (which expression include its successors-in-title, assigns and licensees) relationship with you in respect of this Application. These Terms shall apply to all visitors, users and others who access or use this Application. By continuing to use this Application, you are agreeing to comply with and be bound by the following terms and conditions of use. Therefore, if you disagree with any part of these terms of use, please do not proceed to use this Application. Supplemental Terms of Use or documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

Intellectual Property Rights
1. Except as expressly stated in 1.2 below, LawPavilion owns the proprietary and intellectual property rights in this Application, its content (including all information, data, text, graphics, artwork, sound recording, videos, photographs, logos, icons and so-on) and the Underlying System. All these intellectual property rights are reserved.
2. Without prejudice to 1.1 above, the Intellectual Property and the accompanying rights in the eBooks and State Laws contained in the Textbooks and Journals or State Laws sections of this Application belongs to the Authors. However, the rights in the annotation of the eBooks and State Laws remain exclusively that of LawPavilion.
Grant of License
1. You are hereby granted an annual, non-exclusive, worldwide, fully paid-up license to the Application to use the materials on this Application only for the purposes for which they are intended.
2. Your licence shall not be transferred, distributed or otherwise shared with a third party either through computerized software distribution or manually.
3. Your licence is an annual licence renewable upon payment of the annual subscription as may be fixed by LawPavilion. You agree that the expiration of your annual licence terminates your right to use the Application until such time when access may be restored through the renewal of your subscription.
4. Your licence gives you access to the primary features of the Application. To access add-on features not included in your current bouquet, you are required to pay the relevant access/upgrade fee.
5. While you may access in-app purchase features like Textbooks and Journals and State Laws and enjoy the free resource (if any) you hereby agree to pay for all rental (where applicable) or in-app purchases made on the Application as such are not covered by your subscription fee.
Acceptable Use of the Application and Content
You may view, reference and print pages from the Application for your own personal use, subject to the restrictions as may be set out in Clause 4 (Fair usage) and Clause 5 (Unacceptable Use of the Application and Content) of this Terms of Use.
Fair Usage
1. To ensure the quality of service to all our clients, and to ensure that the behavior of some does not disadvantage the majority of our clients and users, you agree to abide by the fair usage limits set out in this Clause.
2. This fair usage clause applies to your usage of this Application, in particular, to the number and type of devices from which you can access the Application. To this end, this fair usage clause imposes an upper limit on the number of devices from which you may access the Application may as follows:
  1. You may access the Application on up to three devices (laptop, mobile and tablet)
  2. If you desire to switch any of the devices identified with your licence, you will be required to contact support@lawpavilion.com. Such change of devices shall not be more than thrice during the subsistence of your licence.
  3. In the event that you exceed the permitted number of devices, you may be denied access to the Application on the 'excess' device(s).
3. Without prejudice to Clause 4.2 above, LawPavilion reserves at its sole discretion to review what constitutes fair Usage of the Application from time to time.
Unacceptable Use of the Application and Content
1. Content of this Application must not be:
  - a. republished in hard copy, e-book format, on another Application or by any means whatsoever except for the purpose of referencing it as a law report;
  - b. sold, rented or sub-licensed;
  - c. reproduced, duplicated, copied or otherwise exploited for commercial purpose(s);
2. You must not:
  - a. use this Application in any way that is or may be damaging to this Application
  - b. introduce anything including any virus, worm, Trojan horse, time bomb, keystroke logger, spyware or other similar feature that in any way compromises, or may compromise, the Application or any Underlying System, or otherwise attempt to damage or interfere with the Application or any Underlying System;
  - c. use the Application in any manner that could damage, disable, overburden, or impair the System or interfere with any other party's use and enjoyment of them;
  - d. access the Application via any other method aside standard web browsers. Other methods including scraping, deep-linking, data harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method are hereby prohibited;
  - e. attempt to gain unauthorized access to any reports, data, service, account, computer systems or networks associated with the Application
  - f. use this Application contrary to applicable laws and regulations; and
  - g. use this Application to harm any person or business entity.
Registration, Password and Security Procedures
1. You must provide true, current and complete information in your dealings with us especially when setting up an account and must promptly update that information as required so that the information remains true, current and complete at all times.
2. Certain areas of this Application are restricted to logged in users and permitted persons only. If you log in with a user ID and password to enable you to access restricted areas of this Application or other content or services, such user ID and password are confidential and must be treated as such. Consequently, you must:
  - a. keep same secure and confidential.
  - b. immediately notify us if you become aware of any disclosure or unauthorized use of your User ID by sending an email to customercare@lawpavilion.com.
3. Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorized to, and do in fact, agree to these Terms on that person's behalf and by agreeing to these Terms on that person's behalf, that person is bound by these Terms.
4. You shall be liable for and shall indemnify us against all loss suffered as a direct or indirect result of action(s) or inaction(s) traced to your account, including those caused by a person who accesses and uses this Application by using your User ID.
Privacy Policy
1. While using this Application, we may ask you to provide us with certain personal information (especially when you register for an account). You hereby agree to comply with all policies and procedures regarding data access, privacy and security and shall not transmit false or misleading information. Such information is purely for communicating with you, conducting statistical analysis, evaluating services to you, credit checks (if necessary), and research and development. Such personal information shall not be sold or traded to third parties for them to use for their own purposes.
2. The security of your data is important to us; hence, we use commercially acceptable means to protect your data as required by the Law.
3. We may also collect technical information (Log Data) whenever you log on to, or use the Application. This may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the features of the Application that you interact with, the time and date of your visit, the time spent on the Application, among others. We may collect this type of technical information through the use of cookies or other means.
4. For more details, please refer to our Privacy policy
No Warranties
The information on this Application is provided on an "as is" basis. There is therefore no representation or warranty, of any kind related to this Application or the materials contained on this Application. Also, nothing contained on this Application shall be interpreted as advising you.
Links to this Application
You are precluded from creating a link to any page of this Application without the prior written consent of LawPavilion.
Limitation of Liability
1. To the extent permitted by law, we and our licensees, officers, directors and employees have no liability or responsibility to you or any other person for any loss in connection with:
  1. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Application. To avoid doubt, you are responsible for ensuring the process by which you access and use the Application protects you from this;
  2. any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
2. We make no representation or warranty that the Application is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Application is not illegal or prohibited, and for your own compliance with applicable local laws.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms from time to time by updating them on the Application. Unless stated otherwise, any change takes effect immediately. If there are any material changes, we will notify you of these changes within the application (in-app). What constitutes a material change will be determined at our sole discretion. You are therefore responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Application, you agree to be bound by the changed Terms.
Assignment
LawPavilion reserves the right to assign, transfer, and subcontract its rights and/or obligations under these Terms as it deems fit and without your prior notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Force Majeure
LawPavilion shall not be liable to you for any failure to perform under this Terms where such failure is due to an event which could not have been reasonably foreseen or beyond our control including but not limited to any act of God, terrorism, war, epidemic, pandemic, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of this Terms.
Entire Agreement
These Terms constitute the entire agreement between you and LawPavilion in relation to your use of this Application, and supersede all prior agreements and understandings.
Dispute Resolution
1. In the event of any dispute, difference or claim ("Dispute") arising whether directly or indirectly from this Terms, Parties shall first attempt in good faith to resolve the Dispute through direct negotiation between senior representatives of each party for at least thirty (30) days.
2. If the Dispute is not settled amicably within the period stated above, the Dispute shall be referred for Mediation which shall be conducted in accordance with the Nigerian Mediation Procedure Rules or such other rules mutually agreed by the Parties. The mediation shall take place in Lagos, Nigeria, unless otherwise agreed in writing.
3. Failing amicable resolution of such dispute by means of Mediation, such Dispute shall be finally resolved by binding arbitration of one arbitrator who shall be appointed by the Chairman of the Nigeria Branch of the Chartered Institute of Arbitrators or the Deputy upon application of either Party.
4. The Arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of the Nigeria 2004 or any statutory re-enactment or modification thereof. The venue of arbitration shall be Lagos, Nigeria and shall be conducted in English Language.
5. Each Party shall bear its own costs and would be liable to contribute the equal amount in respect of fees to be paid to the Mediator/Arbitrator.
6. Clause 15.3 shall not preclude a Party from making an application to the Court for Injunctive Relief.
Governing Law
This Terms of Use shall be governed by and construed in accordance with the Laws of the Federal Republic of Nigeria, without reference to principles of conflict of laws; and parties shall submit to the jurisdiction of the Nigerian Courts.
Enforceability
1. The invalidity or unenforceability of any provision of this Terms of Use shall not affect the validity or enforceability of its other provisions.
2. The failure of LawPavilion at any time to enforce your performance of any provisions of this Agreement shall in no way affect LawPavilion's rights thereafter to enforce the same, nor shall the waiver by LawPavilion of any breach of any provision hereof be held to be a waiver of any other breach of the same or any other provision.
Indemnity
You hereby agree to hold LawPavilion free and harmless from any and all claims, damages, and expenses of every kind or nature whatsoever arising in any way related to your breach of any of the provisions of these Terms.