TERMS OF USE

Preamble

This document is an electronic record in terms of National Information Technology Development Agency Act and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the National Information Technology Development Agency Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Your use of the Masterbuildafrica website www.masterbuildafrica.com (hereinafter referred to as "Masterbuildafrica.") and services and tools are governed by the following terms and conditions as applicable to Masterbuildafrica. If you transact on Masterbuildafrica Platform, you shall be subject to the policies that are applicable to the website for such transaction.

For the purpose of these terms of use, wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration or Purchase Data while registering on the Website as a Registered User using the computer systems of Masterbuildafrica.

When you use any of the services provided by Masterbuildafrica, including but not limited to, (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.

Masterbuildafrica reserves 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.

As long as you comply with these Terms of Use, Masterbuildafrica grants you a personal, non-exclusive, non- transferable, limited privilege to enter and use the Site.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING

1. Membership Eligibility

Use of the Masterbuildafrica Website is available only to persons who can form legally binding contracts under the governing applicable laws. If you are a minor i.e. under the age of 18 years, you shall not register as a member of Masterbuildafrica and shall not transact or use Masterbuildafrica website. As a minor if you wish to use or transact on Masterbuildafrica, such use or transaction may be made by your legal guardian or parents who have registered as users of Masterbuildafrica.

Masterbuildafrica reserves the right to terminate your membership and refuse to provide you with access to Masterbuildafrica if it is brought to Masterbuildafrica’ notice or if it is discovered that you are under the age of 18 years.

2. Your Account and Registration Obligations

If you use Masterbuildafrica, 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 agreethat if you provide any information that is untrue, inaccurate, not current or incomplete that Masterbuildafrica has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, Masterbuildafrica has the right to indefinitely suspend or terminate or block access of your membership with Masterbuildafrica and refuse to provide you with access to the Website.

3. Communications

When You use the Website or send emails or other data, information or communication to Masterbuildafrica, You agree and understand that You are communicating with Masterbuildafrica through electronic records and You consent to receive communications via electronic records from Masterbuildafrica periodically and as and when required. Masterbuildafrica may communicate with You by email or by such other mode of communication, electronic or otherwise.

4. Charges

Membership on Masterbuildafrica is free as well as browsing the Site aside charges that are applicable for the Sale, Featuring or Promotion of Products over specific time window or promo. Masterbuildafrica may at its sole discretion introduce new services and modify some or all of the existing services offered on Masterbuildafrica. In such an event Masterbuildafrica reserves, 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 to the Fee and related policies shall automatically become effective immediately once implemented on Masterbuildafrica.

You shall be solely responsible for compliance of all applicable laws for making payments to Masterbuildafrica.

5. Use of Masterbuildafrica Website (www.masterbuildafrica.com)

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

You shall not host, display, upload, modify, publish, transmit, update or share any information that:

• a) belongs to another person and to which You does not have any right to.
• b) 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.
• c) 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;
• d) harasses or advocates harassment of another person;
• e) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
• f) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
• g) 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
• h) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
• i) contains restricted or password-only access pages, or hidden pages or images not linked to or from another accessible page
• j)provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
• k)provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• l)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).
• m)tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• n)engages in commercial activities and/or sales without Masterbuildafrica's prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout this Terms of Use, Masterbuildafrica "prior written consent" means a communication coming from Masterbuildafrica Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
• o)solicits gambling or engages in any gambling activity which Masterbuildafrica, in its sole discretion, believes is or could be construed as being illegal;
• p)interferes with another user's use and enjoyment of Masterbuildafrica Website or any other individual's user and enjoyment of similar services;
• q)refers to any website or URL that, in the sole discretion of Masterbuildafrica, contains material that is inappropriate for the Masterbuildafrica Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
• r)harm minors in any way;
• s)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;
• t)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;
• u)impersonate another person;
• v)contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
• w)threatens the unity, integrity, defense, security or sovereignty of any nation, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any nation.
• x)shall not be false, inaccurate or misleading;
• y)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.
• z)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 use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Masterbuildafrica reserves the right to bar any such activity.
• aa)You shall not attempt to gain unauthorized access to any portion or feature of Masterbuildafrica website, or any other systems or networks connected to Masterbuildafrica Website or to any Masterbuildafrica’ server, computer, network, or to any of the services offered on or through Masterbuildafrica Website, by hacking, password “mining” or any other illegitimate means.
• bb)You shall not probe, scan or test the vulnerability of Masterbuildafrica website or any network connected to Masterbuildafrica website nor breach the security or authentication measures on Masterbuildafrica website or any network connected to Masterbuildafrica Website.
• cc)You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Masterbuildafrica Website, or any other customer of Masterbuildafrica, including any Masterbuildafrica account not owned by you, to its source, or exploit Masterbuildafrica Website or any service or information made available or offered by or through Masterbuildafrica Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Masterbuildafrica Website.
• dd)You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Masterbuildafrica Website or Masterbuildafrica’s systems or networks, or any systems or networks connected to Masterbuildafrica.
• ee)You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
• ff)You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Masterbuildafrica on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity
• gg)You may not use the Website or any Content 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 Masterbuildafrica or others. Solely to enable Masterbuildafrica 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. Masterbuildafrica will only use Your Information in accordance with the terms of use and Masterbuildafrica’s Privacy Policy. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects.
• hh)You shall not exaggerate or over emphasize the attributes of such items or services to mislead other Users in any manner.
• ii)You shall not engage in advertising to, or solicitation of, other users of Masterbuildafrica to buy or sell any products or services, including, but not limited to, products or services related being displayed on Masterbuildafrica or related to Masterbuildafrica. You may not transmit any chain letters or unsolicited commercial or junk email to other users via Masterbuildafrica. It shall be a violation of these Terms of Use to use any information obtained from Masterbuildafrica in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of Masterbuildafrica without Masterbuildafrica’ prior explicit consent. In order to protect our users from such advertising or solicitation, Masterbuildafrica reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which Masterbuildafrica deems appropriate in its sole discretion.
• jj)You understand that Masterbuildafrica has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Masterbuildafrica Website) asnecessary 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.
• kk) Masterbuildafrica reserves the right, but has no obligation, to monitor the materials posted on Masterbuildafrica website. Masterbuildafrica shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of Masterbuildafrica, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE Masterbuildafrica WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect the views of Masterbuildafrica. In no event shall Masterbuildafrica assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Masterbuildafrica. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
• ll) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Masterbuildafrica, 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. Masterbuildafrica shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Masterbuildafrica. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Masterbuildafrica and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Masterbuildafrica, and that the recipient may use such information to harass or injure you. Masterbuildafrica does not approve of such unauthorized uses but by using the Masterbuildafrica Website you acknowledge and agree that Masterbuildafrica is not responsible for the use of any personal information that you publicly disclose or share with others on Masterbuildafrica. Please carefully select the type of information that you publicly disclose or share with others on Masterbuildafrica.
• mm) Masterbuildafrica shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally.

6. Contents Posted on Site

a) 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 Masterbuildafrica is owned, controlled or licensed by or to Masterbuildafrica, 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 Masterbuildafrica and no Content may be copied, reproduced, re-published, 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 Masterbuildafrica’ express prior written consent. You may use information on Masterbuildafricaproducts and services purposely made available by Masterbuildafrica for downloading from the Site, provided that you shall

• 1. not remove any proprietary notice language in all copies of such documents,
• 2. 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,
• 3. make no modifications to any such information, and
• 4. not make any additional representations or warranties relating to such documents. You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, "Content"). Such Content will become the property of Masterbuildafrica and you grant Masterbuildafrica the worldwide, perpetual and transferable rights in such Content. Masterbuildafrica shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide.
• 5. You agree that any Content you post may be used by Masterbuildafrica, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

7. Other Businesses

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

8. Links

Masterbuildafrica welcomes links to this site. You may establish a hypertext link to Masterbuildafrica website, provided that the link does not state or imply any sponsorship or endorsement of your site by Masterbuildafrica. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on Masterbuildafrica, including any logos or characters, without the express written consent of Masterbuildafrica and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Masterbuildafrica website without Masterbuildafrica’ prior written consent.

9. Privacy

We view protection of Your privacy as a very important principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. If you object to your Information being transferred or used in this way please do not use Masterbuildafrica Website

MANDATORY DECLARATION

1. 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 Masterbuildafrica on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.

Without prejudice to the forgoing paragraph, Masterbuildafrica does not warrant that:

• a) This website will be constantly available, or available at all; or
• b) The information on this website is complete, true, accurate or non-misleading. Masterbuildafrica will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Masterbuildafrica website. Masterbuildafrica does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Masterbuildafrica website; their servers; or electronic communication sent from Masterbuildafrica are free of viruses or other harmful components.

2. Breach

Without limiting other remedies, Masterbuildafrica may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to Masterbuildafrica website 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 Masterbuildafrica is unable to verify or authenticate any information you provide; or
•  If it is believed that your actions may cause legal liability for you, other Users or Masterbuildafrica.

Masterbuildafrica may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Masterbuildafrica or use Masterbuildafrica Website in any manner whatsoever until such time that such User is reinstated by Masterbuildafrica. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other ruler and policies, Masterbuildafrica reserves the right to recover any amounts due and owing by you to Masterbuildafrica and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

3. Indemnity

You shall indemnify and hold harmless Masterbuildafrica its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.

4. Applicable Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of The Federal Republic of Nigeria.

5. Trademark, Copyright and Restriction

This site is controlled and operated by Masterbuildafrica. All materials 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. Material on Masterbuildafrica website owned, operated, licensed or controlled by us is solely for your personal, noncommercial 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.

Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

6. Copyright complaint

We at Masterbuildafrica respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at [email protected]

7. Risk of loss

All Services / Products purchased from Masterbuildafrica are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with Masterbuildafrica until the item is transferred to You. In the event that the items are damaged after receipt, the risk falls on the customer.

8. Services/Products Description

Masterbuildafrica tries to be as accurate as possible. However, Masterbuildafrica does not warrant that Services/Products description or other content of this site is accurate, complete, reliable, current, or error-free.

9. Pricing/Typographical error

If Masterbuildafrica comes across any difference in pricing resulting from typographic errors with regards to pricing or product information, Masterbuildafrica 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. Cash on Delivery order refunds will be done by cheque.

10. Our Contact

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to [email protected]