Ha-Shem Loyalty Reward Program Terms Of Use

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Welcome to PROJECT HA-SHEM LOYALTY REWARD PROGRAM, (hereinafter referred to as “Website”, “We,” “Us,” or “Our”), owned and operated by Ha-Shem Limited (hereinafter referred to as “Ha-Shem”) with its registered office located at 9, Ibikunle Street, Off University Road, Herbert Macaulay Way, Yaba, Lagos, Nigeria. The Website is offered to You conditioned on Your acceptance without modification of the Terms, Conditions, and notices contained herein (the “Terms”).

Your access to and use of our Website is also conditioned on Your acceptance of and compliance with the Privacy Policy Ha-Shem. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy https://www.ha-shem.com/policies carefully before using Our Service.

  1. INTRODUCTION
  • Our Website is aimed at increasing customers acquisition through leveraging existing customers and staff to refer new customers, improve customer retention through rewarding customers for loyalty through repeated purchases and interactions , enhance staff engagement through a structured referral and reward system and increase sales by offering customers a variety of purchase options including using earned reward points or direct payment.
  • Our Website doubles as a Loyalty portal and an e-commerce site, allowing users to accumulate points while also making direct purchase (“Platform”). The Users of the Website shall be referred to as “You,” “Your,” or “Users.”
  • By clicking on the “Accept” button at the end of the Agreement acceptance form, Users agree to be bound by the Terms and Conditions of this Agreement. Please read this entire Agreement carefully before accepting its Terms. When You undertake any activity on the Website, You agree to accept these Terms and Conditions.
  • In using this Website, You are deemed to have read and agreed to the following Terms and Conditions set forth herein. Any incidental documents and links mentioned shall be accepted jointly with these Terms. You agree to use the Website only in strict interpretation and acceptance of these Terms, and any actions or commitments made without regard to these Terms shall be at Your own risk. These Terms and Conditions form part of the Agreement between the Users and Us. By accessing this Website, and/or undertaking to purchase a Service provided by Us indicates Your understanding, agreement to and acceptance of the disclaimer notice and the full Terms and Conditions contained herein.
  1. ELIGIBILITY OF THE USER
  • You may use the Service only if You are at least eighteen (18) years of age and can form a binding contract with Us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
  • The right to use our website is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
  • Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, this Website. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
  • Ha-Shem may, in its sole discretion, refuse to offer access to or use of the Platform to any person or entity, and change its eligibility criteria at any time.

 

  1. SERVICES OFFERED BY THE PLATFORM
  • We provide the Users with a Platform to purchase variety of products including (include examples of products) using money or coin or combination of both.
  • We offer multiple payment options, including credit/debit cards, mobile payments, and point redemption
  • Our website provides a seamless shopping experience with easy navigation, product search and checkout processes.
  • Customers can create account to track their purchases, earned points and rewards and staff members can also participate on the platform earning points for sales and customer referrals. Kindly see our loyalty customer policyfor more details.
  • If You wish to place an Order for Products available on the Platform, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
  • By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
  1. YOU AGREE AND CONFIRM
  • That You will use the Services provided by Our Platform, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Platform.
  • That You will provide authentic and true information in all instances where such information is requested of You. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation Your details are found not to be true (wholly or partly), We have the right in Our sole discretion to reject the registration and debar You from using the Services of Our Platform and/or other affiliated websites without prior intimation whatsoever.
  • It is possible that the other Users (including unauthorized/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. We do not approve of such unauthorized uses, but by using the Platform, You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
  • You agree to not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information or description/image/text/graphic of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law.
  • You agree to not post or transmit any information, software, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
  • You agree to not alter, damage or delete any Content or other communications that are not Your own Content or to otherwise interfere with the ability of others to access Our Platform.
  • You agree to indemnify and keep indemnified Ha-Shem from all claims/losses (including advocates’ fees for defending/prosecuting any case) that may arise against Us due to acts/omission on the part of the User.
  • The foregoing provisions are for the benefit of Ha-Shem, its subsidiaries, affiliates, OEM’s, and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

  1. WARRANTIES, REPRESENTATION AND UNDERTAKINGS OF USER
  • The User warrants and represents that all obligations narrated under this Agreement are legal, valid, binding and enforceable in law against the User.
  • The User agrees that there are no proceedings pending against the User, which may have a material adverse effect on its ability to perform and meet the obligations under this Agreement.
  • The User agree to and accepts all disclaimers and Terms of use as provider under this terms and condition.

 

  1. INTELLECTUAL PROPERTY RIGHTS
  • It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademarks/logos in the publicity, advertising, promotional or other material in relation to the Services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and/or logos.
  • Ha-Shem’s Website and other Platforms, and the information and materials that it contains, are the property of Ha-Shem and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws. All the Company’s product names and logos are trademarks or registered trademarks. Nothing contained on the Website should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written consent of Ha-Shem. The User shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
  • Except as otherwise expressly granted to You in writing, We do not grant You any other express or implied right or license to the Services, Our Content or Our intellectual property rights.
  • Proprietary Rights. Subject to the limited rights expressly granted in this Agreement, the Company reserves all rights, title and interest in and to the Service, including all related intellectual property rights. No rights are granted to the User in this Agreement other than as expressly outlined in this Agreement.

 

  1. DATA
  • “Data” means any and all identifiable information about Users and their affiliates generated or collected by Us or the User, including but not limited to the User’s name, email addresses, Services availed, phone numbers, and the User’s preferences and tendencies. The User agrees that it will only use the Data in complying with its obligations in this Agreement.
  • The User represents, warrants, and covenants that it will not resell or otherwise disclose any Data to any third party, in whole or in part, for any purpose whatsoever.
  • The User acknowledges that the Services may contain information which is designated as confidential by Us and that You shall not disclose such information without the our prior written consent.

 

  1. ORDER CANCELLATION
  • We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to; (i) production availability (ii)errors in the description or prices for Products (iii) errors in Your Order (iv) if fraud or an unauthorized or illegal transaction is suspected.

 

  1. RELATIONSHIP
  • Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency, or employment between Ha-Shem and the Users excepts for Users who are under an employment contract with Ha-Shem. Ha-Shem shall not be responsible for the acts or omissions of the User, and the User shall not represent Ha-Shem, neither does it have any power or authority to speak for, represent, bind, or assume any obligation on behalf of Ha-Shem.
  1. YOUR FEEDBACK
  • You assign all rights, title and interest in any Feedback You provide the Ha-Shem. If for any reason such assignment is ineffective, You agree to grant Us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
  1. NOTICE SPECIFIC TO AVAILABLE SOFTWARE PROGRAMMES
  • Any software that is made available to download from the Platform (“Software”) is the copyrighted work of Ha-Shem and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
  • The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
  • WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, HA-SHEM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  • FOR YOUR CONVENIENCE, HA-SHEM MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. HA-SHEM DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE PLATFORM.
  • IN NO EVENT SHALL HA-SHEM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, TOOLS AND UTILITIES , PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE ON THE PLATFORM.

 

  1. UNSOLICITED IDEA SUBMISSION POLICY
  • HA-SHEM OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN HA-SHEM’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO US. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO HA-SHEM OR ANYONE AT HA-SHEM. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT HA-SHEM MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY

 

  1. EXPRESS RELEASE.
  • You expressly hereby release and waive all claims against Ha-Shem and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to Your use of our Website.
  1. LIMITATION OF LIABILITY
  • It is expressly agreed by the User that Ha-Shem shall under no circumstances be liable or responsible for any loss, injury or damage to the User or any other Party whomsoever, arising on account of any transaction under this Platform.
  • The User agrees and acknowledges that it shall be solely liable for any claims, damages, or allegations arising out of the Services through the Platform and shall hold the Ha-Shem harmless and indemnified against all such claims and damages. Furthermore, Ha-Shem shall not be liable for any claims or damages arising out of any negligence, misconduct, or misrepresentation by the User or any of its representatives.
  • Under no circumstances shall Ha-Shem be liable to the User for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the use of the Website, regardless of the type of claim and even if the User has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits, gains or loss.
  • FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT AND RESTORED AS SOON AS POSSIBLE.

 

  1. TERMINATION
  • This Agreement may be terminated by Us if the User commits a material breach of any representation, obligation, covenant, warranty or term of this Agreement or if the User is in infringement of third-party rights, including intellectual property rights.

 

  1. EFFECTS OF TERMINATION
  • In the event of termination of this Agreement, Ha-Shem shall remove and shall discontinue the Services provided to the User on its Platform with immediate effect.
  • Ha-Shem shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the User by virtue of termination of this Agreement.

 

  1. GOVERNING LAW AND DISPUTE RESOLUTION:
  • This Agreement shall be construed and enforced in accordance with the laws of The Federal Republic of Nigeria without regard to its conflict of law provisions regardless of the User’s state or country of residence.
  • If You have any concern or dispute about the Platform, You agree to first try to resolve the dispute informally by contacting the Us though the provided email address.
  • The User submits to the exclusive jurisdiction of a court of competent jurisdiction within Lagos, Nigeria for the enforcement of any dispute related to this Agreement or any arbitration award /decision arising from this Agreement.
  • If there is a dispute between the User and other Users, the User understands and agrees that the Ha-Shem is under no obligation with respect thereto, and the User, to the fullest extent permitted by law, hereby releases Ha-Shem and its affiliates, agents, and successors from, and agrees to indemnify each of the foregoing for any losses incurred in connection with any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
  1. DISCLAIMER
  • To the fullest extent permitted by law, Ha-Shem and its affiliates, and each of its respective officers, directors, members, employees, and agents disclaim all warranties, express or implied, in connection with this Agreement, the Website and any use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Ha-Shem makes no warranties or representations about the accuracy or completeness of the Website’s Content or the Content of any other Websites linked to the Website, and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of Content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from the User’s access to and use of the Website, (c) any unauthorized access to or use of the Ha-Shem’s servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the Website, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or (f) any errors or omissions in any Content and materials or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the Website. Ha-Shem does not guarantee the privacy, security or authenticity of any information so transmitted over or stored in any system connected to the internet or mobile devices.
  1. NOTICES
  • Except as explicitly stated otherwise, any notices given to Ha-Shem shall be given by email to [provide email address] or at its registered address. Any notices given to the User shall be to the email address provided by the User to Us at the time of listing (or as such information may be updated via the Website by the User from time to time).
  • Any notice, demand, or request with respect to this Agreement shall be in written in English language and shall be effective only if it is delivered by email, personal service, by courier with receipt of delivery, or mailed, to the address set forth above. Such communications shall be effective when they are received by the addressee, but if sent by certified mail in the manner set forth above, they shall be effective five (5) days after being deposited in the mail.
  1. AMENDMENT
  • The Company may at any time at its sole discretion modify this Agreement from time to time, and any such changes will (i) be reflected on the Website, (ii) be effective thirty (7) days after being so posted on the Website, (iii) not apply retroactively, and (iv) not apply to any disputes arising prior to the effective date of such change. The User agrees to be bound to any such changes and understands the importance of regularly reviewing this Agreement as updated on the Website to keep the User’s listing and contact information current.
  • Notwithstanding anything to the contrary herein, Ha-Shem reserves the right to, at any time and from time to time, change, alter, modify, or discontinue the Website (or any part thereof) with or without notice. The User agrees that the Company shall have no liability to the User or to any third party for any change, alteration, modification, suspension, discontinuance, or amendment of this Website.
  1. CONTACT US:
  • For any further clarification of Our Terms and Conditions, please write to Us at […].