Intred Limited (hereinafter referred to in these Terms as “Intred”, “we”, “us”, “our” ) is a limited liability company incorporated under the laws of the Federal Republic of Nigeria and engaged in the business of providing exclusive security, logistics, luxury concierge, consultancy and lifestyle and event management services.
These Terms & Conditions together with our Privacy Policy (collectively, the “Terms”) govern your access to, and use of, the Intred website [www.intred.co] and any services that we may offer from time to time (together with our website, jointly referred to as our “Services”), and any other features or content (including any information, text, graphics, photos, comments, reviews, links, or other materials uploaded, downloaded or appearing on, or linked to the Services) produced by/published/advertised by Intred in connection with the Services (collectively referred to as “Content”).
In addition, from time to time and as may be required for the delivery of the Services, Intred may act as an intermediary between potential customers and third party service providers. Please note that Intred is not responsible for the offerings of such third party service providers, and shall not be liable in any way whatsoever arising from services provided by such third party providers. Consequently, your access to and use of the Services is conditional on your acceptance of and compliance with these Terms. If you do not agree to these Terms, kindly refrain from using our Services.
In this Terms, the following words and expressions shall have the following meanings:
“Terms” means these Terms and Conditions of Service together with our Privacy Policy.
“Applicable Law” means any national, state, local or other laws, regulations, governmental policy, or constitution, in Nigeria or principles of common law applicable in Nigeria in relation to matters contemplated by under this document, and includes notifications, regulations, policies, guidelines, circulars, directions, directives and orders of any regulatory Governmental Authority that has power over any of the Parties.
“Business Day” means means any day of the week other than a Saturday or Sunday (weekend) that is not a Nigerian national holiday as declared by the Federal Government of Nigeria.
“Company” means Intred Limited.
“Customer” means the person or entity to whom Intred is rendering service, as well as their principals, agents and/or
representatives. The Customer may also be referred to in these Terms as “You”.
“Dispute” means any dispute, difference or claim of any kind or type, whether based on contract, tort, statute, regulation, or otherwise, arising out of, relating to, or connected with the Services, or the operations carried out under this Terms, including any dispute concerning the existence, validity, interpretation, performance, breach, or termination of the Services.
“Party” or “Parties” means Intred and the Customer and where the context permits include their successors-in-title, representatives and permitted assigns.
“Request/Order” means a request placed by a Customer with Intred for Intred to arrange the supply of goods and/or services from a third party on behalf of/ for the benefit of the Customer.
“Third Party” means any person, body corporate or unincorporated association not a party to the Terms and not the legal representative/agent of a party to the Terms.
a. All Requests are subject to acceptance by Intred at its sole discretion. Intred shall notify applicants in the event that his or her Request has been accepted or rejected. Intred is under no duty to disclose its reasons for rejecting any Customer’s request. In addition, If Intred is unable or not obliged to deal with any Request, it will inform the Customer as soon as reasonably practicable.
b. You may make Requests by telephone (which does not include text messages), e-mail or through the Website. Kindly note that telephone calls to Intred may be monitored or recorded for training and quality control purposes.
c. You are obliged to provide correct personal details when making Requests. Failure to do so may invalidate your Request and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify Intred promptly in the event that any information provided by you in connection with your Request changes.
d. You may be required to create a profile on the Intred website to manage your requests, in the event of same, access to and use of your profile on the website will be through a combination of user name and password. You are solely responsible for maintaining the confidentiality of your user name and password and you agree to notify Intred immediately if you believe that there has been any breach of security, including the unauthorised use of your name and password
e. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with Intred privacy policy’s, further details of which are set out in Clause 16. Please note that all information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted.
f. Intred shall supply the Services to the Customer in accordance with the Customer’s particular Requests, provided that Intred shall not be required to provide or facilitate the supply of goods and/or services that it deems at its sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction. Intred shall provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with your Requests and reasonable instructions from time to time.
g. Intred shall use its reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of any Services.
h. Intred shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Intred shall notify the Customer in any such event.
i. You acknowledge that Intred reserves the right to accept commissions upon the supply of products or performance of services by any third party service provider
a. Intred shall use reasonable care in its selection of Third Party service providers, or in selecting the means, route and procedure to be followed in delivering the Services.
b. Intred’s recommendation or engagement that a particular person or firm be selected to render services shall not be construed to mean that Intred warrants or represents that such person or firm will render such services nor does the Company assume responsibility or liability for any actions(s) and/or inaction(s) of such Third Parties and/or its agents, and shall not be liable for any delay or loss of any kind.
c. All claims in connection with the act(s) of a Third Party shall be brought solely against such party and/or its agents; in connection with any such claim, Intred shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by Intred.
d. Third Party service providers may be responsible for providing you with the Services, products and Benefits you Request us to order on your behalf from time to time. In such event, Intred shall communicate with Third Party service providers on your behalf unless it is more appropriate for you to contact the Third Party service providers directly.
e. In furtherance of the above, the Third Party service providers may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that Third Party service providers to you, and such terms and conditions shall be binding upon you at the time of your order/service request.
f. When ordering a product or service or accessing a service, you may be required to provide your Payment Card details. If you request and authorise Intred to use your Payment Card in order to pay a Third Party service provider for products or services, you acknowledge and agree that Intred shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that Intred acts in accordance with the instructions issued by you in relation thereof.
g. If Intred’s performance of any of its obligations under these Terms is prevented or delayed by any act or omission by the Customer’s or failure by the Customer to perform any relevant obligation (Customer Default):
· Intred shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays Intred’s performance of any of its obligations;
· Intred shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Customer’s failure or delay to perform any of its obligations as set out in this clause 3g; and
· The Customer shall reimburse Intred on written demand for any costs or losses sustained or incurred by Intred arising directly or indirectly from the Customer Default.
Intred’s liability for loss, damage, delay or other monetary losses suffered in connection with services performed by the Company is limited as set forth below unless the Parties agree, prior to Intred rendering services;
a. In no event shall Intred be liable or responsible for consequential, indirect, incidental, statutory or punitive damages, even if it has been put on notice of the possibility of such damages, or for the acts of Third Parties.
b. Intred shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with the Services procured and/or provided by Third Parties.
c. Intred’s total liability (if any) to the Customer in respect of all other losses arising under or in connection with the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of Intred’s service fee. Unless subject to any applicable law, all claims against Intred for an actual loss, must be made in writing and received by the Company, within fifteen (15) days of the event giving rise to claim; the failure to give Intred the above-mentioned notice shall be a complete defense to any suit or action commenced by the Customer.
d. Intred shall not be liable to you or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of Intred’s obligations in relation to the Services, if the delay or failure was due to any cause beyond Intred’s reasonable control.
e. Intred shall not be liable for loss, damage, delay or monetary losses of any type caused by Force Majeure events as stated in Clause 11. In addition, any service fees paid in respect of services affected by a Force Majeure event shall be non-refundable.
f. Your contract for the supply of products or the Services is made with the relevant third party service providers only. Intred acts as an agent for the third party and, unless expressly provided otherwise, all your rights and remedies are against the third party providers. Additionally, all descriptions of any products, services are as approved by the relevant third party service provider. Intred shall not be liable for inaccurate or misleading descriptions.
g. Intred shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any Customer’s default.
h. You acknowledge that any contract entered into by you with any third party service provider is an independent contract. Intred hereby disclaims any and all liability for any act or omission of any third party service provider or any loss incurred by you as a result of any act or omission of a third party service provider whether or not arranged through Intred.
i. Except as expressly set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
j. This clause 4 shall survive termination of these Terms.
a. The procurement or provision of certain services, products or may incur a non-refundable Intred services/booking fee or handling charge (of which you will be notified in advance) and in such event you hereby authorise Intred to debit your Payment Card with any such handling charges or, alternatively, to invoice you in respect of such fees or charges. and such fees/charges shall be exclusive of any brokerage, commissions, dividends, or other revenue received by the Company from carriers, insurers and others in connection with the Services
b. All charges/service fees must be paid by the Customer in advance of receiving the Services/ products and upon acceptance of the Request or an order by Intred or the third party service provider (where applicable) unless Intred agrees in writing to extend credit to the Customer; the granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by Intred nor shall it constitute Intred’s consent to grant future credit. If the Customer fails to make any payment within 14 days of it becoming due or such period as stimulated in the invoice, Intred shall be entitled to charge interest at the rate of 2% per day on the outstanding amount and until same is fully paid.
c. The Customer acknowledges that the sales contract for the supply of goods and/or services made as a result of a Request is between the Customer and the relevant third party service provider and that Intred is not/may not be a party to such contract. Cancellation of such contracts with third party service providers should be addressed with the third party service providers directly and will be subject to the relevant third party service providers’ policies. Likewise, refunds and exchanges of goods purchased will be subject to the terms and conditions of that third party provider it shall be the Customer sole responsibility to retain all proof of return of goods to a third party providers, we recommend returning the goods by registered delivery, or by any other similar means of ascertaining the date of the return dispatch and tracking the return. The Customer hereby acknowledged that returns or exchange of goods purchased may not always be permitted. Consequently, Intred shall not be liable to the Customer where a third party provider does not accept the return or exchange of an item or for any items held by any customs or border agency.
d. If a Request for a specific product or service is not available, Intred may offer you substitute products or services of a similar description and standard. You may at your sole discretion refuse acceptance of such substitute products and/or services and request a full refund in the event that payment has already been made to the third party service provider for the unavailable product or service.
Quotations as to fees, rates of duty, charges, insurance premiums or other charges given by Intred to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon Intred unless the Company agrees in writing to a specific rate or amount set forth in the quotation and payment arrangements are agreed to between Intred and the Customer.
The Customer shall indemnify, defend, and hold harmless, Intred from and against all liabilities, damages, losses, expenses and claims arising from the performance of its obligations to the extent that such claim is caused by the negligence, default, omission, or breach of the Customer of the provisions under this Terms.
If a provision of this Terms is held to be illegal or unenforceable, in whole or in part, under an enactment or rule of law, by a court of competent jurisdiction or by a competent legal/regulatory authority, it shall to that extent be deemed not to form part of this Terms and the legality or enforceability of the remainder of this Terms shall not be affected.
Neither Party shall be subject to any liability for delay or non-performance to the extent that such delay or non-performance results from fire, flood, earthquake, windstorm or other natural catastrophe or Act of God, pandemics, isolation regulations, explosion, strikes or labour disputes, raw material shortages, embargo, war, pandemics, terrorism, governmental action or restrictions, or any other cause reasonably beyond the control of such Party, and which cannot be circumvented by the affected Party for the same reasons (“Force Majeure Event”).
The Customer shall upon demand pay to Intred all expenses and costs incurred or paid by the Company, including the fees of consultants, experts, and attorneys, in any dispute to enforce these Terms or payments owed by the Customer to Intred. In any referral for collection or action against the Customer for monies due to Intred, upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.
This clause constitutes the Customer’s power of attorney to Intred, so that whenever necessary or desirable to provide any services, at the Company’s discretion, on the Customer’s behalf, and at the Customer’s expense, Intred may, but is not required to sign instruments, perform acts, provide assistance, or comply with, enter into agreements with, or pay Third Parties, under Third Parties’ terms, including transportation fees, storage charges, duties, and taxes. All of the foregoing shall be binding on the Customer, for which the Customer may owe Intred additional fees at the Company’s then current rates.
Intred is not obliged to procure insurance on the Customer’s behalf absent the Customer’s written request when the Customer requests Intred’s services for a particular transaction. The Customer shall pay all premiums and costs incurred by Intred in connection with procuring the requested insurance.
a. Intred may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Terms and may subcontract or delegate in any manner any or all of its obligations under these Terms to any third party or agent.
b. The Customer shall not, without the prior written consent of Intred, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Terms.
c. These Terms shall be binding on and shall inure to the benefit of the Parties’ respective successors and assigns.
14.1. Amendments
a. Intred may at its sole and exclusive discretion amend or modify any provisions of the Terms. In the event of such amendment, Intred shall use its best endeavors to notify the Customer of such amendment in a timely manner. The notification may be by some or all of the following: Intred Newsletter, the Website, by Email or by phone
b. The Customer, moving forward in its transaction with Intred shall constitute acceptance of the amended Terms and the Customer shall be bound by the amendment from thereon.
14.2. Waivers
a. Any provision of the Terms may be amended or waived if, but only if, such amendment or waiver is agreed by the Party against whom the waiver is to be effective.
b. A waiver of any right under these Terms is only effective if it is in writing.
c. No waiver by any Party of any one or more defaults by another Party in the performance of any provision of this Terms shall operate or be construed as a waiver of any future default or defaults by the same Party, whether of a like or of a different character.
d. No failure or delay by any Party in exercising any right, power or privilege in connection with this Terms shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law or in equity.
The Services are subject to Intred’s privacy policy, incorporated into these Terms by reference and set out at the following web address: [www.intred.co] which applies at all times in relation to any data that we collect from you.
This Terms and any dispute, difference or claim arising out of or in connection with it or its subject matter, existence, negotiation, validity, termination, or enforceability (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. By accepting these Terms, the parties hereby irrevocably submit to the exclusive jurisdiction of the Nigerian Courts.
Nothing in these Terms is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. Except as otherwise stated, no party shall have authority to act as agent for, or to bind, the other party in any way.
These Terms shall take effect and be binding upon the Customer and Intred upon acceptance by Intred of a Customer’s request for Service(s).
