Rules on the use of caldarmallafrica.com site.

If you browse or otherwise access any content or data on the caldarmallafrica.com website where this terms and condition appears in the footer, and to any caldarmallafrica.com application, service, or tool ("service") you agree to be bound by these terms. If you do not agree to these terms, please do not use this resource. By using the resource with or without registered account, regardless of how you access or use it, including through mobile devices you are bound by the terms and conditions and any applicable posted guidelines for the service.

Administrator reserves the right to change the terms and condition at any time by publishing the new terms and Conditions on the resource. By continuing to use the service, you are indicating your acceptance to be bound by the amended terms and conditions. The definitions of terms are outlined as follows:

"us" - Local Content Administrator or other entity that exercise control over the Local Content Administrator, which renders the Services to the Users.

"Local Content Administrator" - Kusnap Limited, an entity incorporated under the laws of Nigeria.

"your" – means any natural person eligible to conclude an agreement under the applicable law with administrator and using any of services with or without a registered account. The users may also act on behalf of the company that provides goods and services and intends to post announcements to the resource. In this case, users shall be empowered for such representation in a written form.

"Register entry/account" - an electronic user area within functional system of the resource, with a help of which he/she is able to manage his/her announcements on the resource.

These Rules strictly prohibit mailing out of undesirable advertisements via email, or of any other undesirable messages, or by means of the Resource. The administrator may periodically control letters delivery within the Resource for spam mail-outs.

Each User agrees to be obliged to indemnify the Administrator, affiliated parties, directors, officials and employees from any and all losses, claims, liabilities (as well as from legal costs to the fullest extent), which may arise following Users’ use of the Resource, as a result of violation of any condition of the Terms and Conditions, or violation of representations and warranties made by him/her towards the Administrator.

Each User hereby agrees to indemnify the Administrator, affiliated parties, directors, officials and employees from any and all losses, claims, liabilities, which may arise, whether directly or indirectly, as a result of any claims, made by holders/claimants of the Third parties or other partie rights, related to the goods and services offered or displayed on the Resource. Each User hereby acknowledges that the Administrator shall have no liabilities or responsibilities against you with regard to any data posted by any other persons, as well as those discreditable or illegal, and risk of losses related to such data remains entirely with each User.

The Administrator shall not be responsible for any express implicit, penalty, accidental or consequential losses or damage of whatsoever nature (including, but not limited to, losses related to loss of profit or saving, termination of business, loss of information, loss of benefit), incurred as a result of transactions, negligence, delinquency, or in any other way, or any other losses related to the following actions:

9.1. The Administrator reserves a right to delete or block access to information posted by User without notice in the event of:

9.2. The Administrator shall be entitled to block access to the information posted by users to the resource at its sole discretion having provided a user with relevant substantiation.

10.1. The Administrator disclaims any responsibility for Users interaction with any organizations and/or persons in the course of using of the Resource. This includes, but not limited to, payments for and delivery of goods and services, as well as any other interaction in relation to other organizations and/or individuals. Transactions are concluded only between Users and such organizations and/or individuals. The Administrator disclaims responsibility for such interactions or other losses incurred following such relations or interactions. If any dispute arises between you and one or several other users, you shall indemnify the Administrator, its officials, employees, agents and successors from any and all claims, requirements and losses (whether direct or indirect) of whatsoever kind or nature, which arise or relate to such disputes and /or goods and services.

11.1. Please read this Section carefully. YOU AND ADMINISTRATOR, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS TERMS AND CONDITIONS OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.

11.2. Commencing Arbitration. A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Administrator, via any other method available to Administrator, including via e-mail. The Notice to Administrator must be addressed to CALDAR MALL AFRICA (#15 Asuquo Ibanga Street, Nwaniba, Uyo, Akwa Ibom State, Nigeria), Attn: Chief Executive Officer (the "Arbitration Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the "Demand"). If you and Administrator do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or Administrator may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THIS TERMS AND CONDITIONS. The Rules and AAA forms are available online at http://www.adr.org. If you are required to pay a filing fee to commence an arbitration against Administrator, then Administrator will promptly reimburse you for your confirmed payment of the filing fee upon Administrator's receipt of a Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.

11.3. Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in Alexandria, Virginia will be appointed pursuant to the Rules, as modified herein. You and Administrator agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.

11.4. No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND ADMINISTRATOR AGREE THAT YOU AND ADMINISTRATOR MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

11.5. The decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidence a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to this Section 11.

11.6. Equitable Relief. The foregoing provisions of this Section 11 do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. For the avoidance of doubt, however, you acknowledge that, in the event Administrator or a third party breaches this Terms and Conditions, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Administrator, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Terms and Conditions.

11.7. Claims. You and Administrator agree that notwithstanding any other rights a party may have under law or equity, any cause of action arising out of or related to this Terms and Conditions or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

11.8. Improperly Filed Claims. All claims you bring against Administrator must be resolved in accordance with this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim contrary to this Section, Administrator may recover attorneys' fees and reimbursement of its costs provided that Administrator has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

11.9. Modifications. In the event that Administrator makes any future change to the "Mandatory Arbitration" paragraph set forth above (other than a change to Administrator's Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to Administrator's Arbitration Notice Address, in which case your account with Administrator and your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of this Terms and Conditions.

11.1. Please read this Section carefully. YOU AND ADMINISTRATOR, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS TERMS AND CONDITIONS OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.

11.1. Please read this Section carefully. YOU AND ADMINISTRATOR, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS TERMS AND CONDITIONS OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.

11.2. Commencing Arbitration. A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Administrator, via any other method available to Administrator, including via e-mail. The Notice to Administrator must be addressed to CALDAR MALL AFRICA (#15 Asuquo Ibanga Street, Nwaniba, Uyo, Akwa Ibom State, Nigeria), Attn: Chief Executive Officer (the "Arbitration Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the "Demand"). If you and Administrator do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or Administrator may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THIS TERMS AND CONDITIONS. The Rules and AAA forms are available online at http://www.adr.org. If you are required to pay a filing fee to commence an arbitration against Administrator, then Administrator will promptly reimburse you for your confirmed payment of the filing fee upon Administrator's receipt of a Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.

11.3. Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in Alexandria, Virginia will be appointed pursuant to the Rules, as modified herein. You and Administrator agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.

11.4. No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND ADMINISTRATOR AGREE THAT YOU AND ADMINISTRATOR MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

11.5. The decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidence a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to this Section 11.

11.6. Equitable Relief. The foregoing provisions of this Section 11 do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. For the avoidance of doubt, however, you acknowledge that, in the event Administrator or a third party breaches this Terms and Conditions, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Administrator, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Terms and Conditions.

11.7. Claims. You and Administrator agree that notwithstanding any other rights a party may have under law or equity, any cause of action arising out of or related to this Terms and Conditions or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

11.8. Improperly Filed Claims. All claims you bring against Administrator must be resolved in accordance with this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim contrary to this Section, Administrator may recover attorneys' fees and reimbursement of its costs provided that Administrator has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

11.9. Modifications. In the event that Administrator makes any future change to the "Mandatory Arbitration" paragraph set forth above (other than a change to Administrator's Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to Administrator's Arbitration Notice Address, in which case your account with Administrator and your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of this Terms and Conditions.

11.9. Modifications. In the event that Administrator makes any future change to the "Mandatory Arbitration" paragraph set forth above (other than a change to Administrator's Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to Administrator's Arbitration Notice Address, in which case your account with Administrator and your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of this Terms and Conditions.