Effective date: 21 October, 2019
MyShowroom (“MyShowroom,” “our,” “we,” or “us”) offers users("Users" or "You") around the world product discovery, visibility, and other services including but not limited to "MyShowroom" application. Please read our Terms of Service so you understand what’s up with your use of MyShowroom. You agree to be bound by our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (collectively, “Services”). The Service is operated by Boombiz Nigeria Limited (“the Company”, “we”, “us” or “our”) subject to these Terms of Service (“Terms”). If You are registering with MyShowroom as a business entity, You represent that You have the authority to legally bind that entity.
Except as otherwise agreed separately in writing between us and subject to Your compliance with these Terms at all times, MyShowroom grants You a personal, non-exclusive, non-transferable and limited right to use the Services for Your own personal, non-commercial use. You are not allowed to use the MyShowroom Services on any device that You do not own or control. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the MyShowroom software applications, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent expressly permitted by these Terms or may be permitted by the licensing terms governing use of any open source components included in the MyShowroom software applications).
You are not granted any right to use MyShowroom’s name, trademarks or other commercial symbols. All rights not expressly granted to You under these Terms shall be retained by MyShowroom.
In case You wish to use any part of the Services as a part of Your own application or modify any part of the Services, such use is subject to MyShowroom’s prior written approval and that You enter into a separate license agreement with MyShowroom.
MyShowroom strives to provide adequate and efficient technical support, upgrades and updates for the Services. MyShowroom shall, however, not be under any obligation to provide support or maintenance for the Services under these Terms and reserves the right to limit or discontinue the support, upgrades and updates provided from time to time. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
You thereby agree that any registration information you give to us will always be true, accurate, correct, complete and up to date. Thus, any mobile phone number used to register with us has to be registered in your name and you may be asked to prove same. Likewise, any mobile device you use to access our Services, must be a mobile device you own and control at all times. You guarantee that any information and other content, such as Your profile information and information regarding the contacts contained in Your device’s phone book, that You may share with MyShowroom as a User of the Services (together “Content”), to the best of Your knowledge, is correct, not in violation of applicable law, will not corrupt or disrupt the Services, and that you have the right to share the Content with MyShowroom in order for MyShowroom to provide the Services and share the Content with other Users.
Except as otherwise agreed separately in writing between us, You shall not make any commercial use of the Services or the Content or otherwise transfer for value the Services or the Content. You agree not to challenge MyShowroom's rights in, or otherwise attempt to assert any rights in, the Services or any Content provided by other Users, except those rights explicitly granted under these Terms. You agree to use the Services and Content only as expressly permitted under these Terms.
You agree not to use the Services, Content or information to attempt to circumvent the regular operation of the Services, or reduce the fees or consideration that we may derive from the Services by any means including by creating multiple accounts, redirecting traffic, following other fraudulent or deceptive practices, creating a parallel repository thereof, or seeking to by-pass the Services or compete with us.
Scraping of any information contained in the Services, by use of automated systems or software to extract data, including any Content and any third party information accessible via the Services, is strictly prohibited.
You may not use the Services or the Content in any way, which is illegal, harmful, or may be considered offensive by MyShowroom, other Users or third parties. You agree not to exploit the Services or the Content in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity. You further agree not to use our Services or Content in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and You acknowledge and agree that MyShowroom is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Services. Notwithstanding any other remedies available to MyShowroom, You agree that MyShowroom may suspend or terminate Your use of the Services without notice if You use the Services or the Content in any prohibited manner, and that such use will be deemed a material breach of these Terms.
You may contact MyShowroom at email@example.com to report any violation or infringement of Your rights by Users of the Services.
Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party map services (such as Google Maps) that are integrated with our Services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “MYSHOWROOM PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER LAWS OF THE FEDERATION OF NIGERIA OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE MYSHOWROOM PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE MYSHOWROOM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED NAIRA (₦100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE MYSHOWROOM PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the MyShowroom Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.
If any provision of these Terms and Conditions is found to be invalid under any applicable law, such provisions alone shall not be applicable in these presents and shall not affect or invalidate the remaining provisions contained herein.
We may revise these Terms and Conditions at any time as we deem fit, and by using MyShowroom, you are expected to review these Terms and Conditions on a regular basis so as to track such changes.
Your right to use the Services continues until these Terms are terminated. MyShowroom may terminate the Terms and Your use of the Services at any time with thirty (30) days’ advance notice. You may terminate the Terms at any time by uninstalling the MyShowroom applications and ceasing the use of the Services. These Terms will automatically terminate if You fail to comply with them. Upon any termination, You agree to cease using the Services. Upon termination by You, or by MyShowroom due to Your breach of these Terms, You will not be refunded any license fees or other prepaid fees, if any. Upon termination by MyShowroom without cause, You will be refunded any unused prepaid fees upon Your written request, provided a receipt of such fees and a clear payment instruction are included in Your request. Provisions of sections Disclaimer of Warranties, Limitation of Liability, Termination and Governing Law shall survive any termination of these Terms.
We are at liberty to assign, transfer, and subcontract its rights and/or obligations, in whole or in part, under these Terms and Conditions without any prior notification to you. However, you are not allowed to assign, transfer, or subcontract any or all of your rights and/or obligations under these Terms and Conditions.
These Terms and Conditions is governed by and interpreted in accordance with the laws of Enugu State of Nigeria. In the event of any dispute arising between us and you, you agree that such dispute shall be resolved by mediation in accordance with the mediation procedures administered by Enugu State Multi Door Courthouse. Where such body ceases to exist, either Party shall be at liberty to refer the dispute to arbitration. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, Chapter A18, Laws of the Federation of Nigeria, 2004.
Postal address: (Dreams Hub) 85 Ogui Road, Enugu, Enugu State, Nigeria.