For the purpose of the Terms and wherever the context so requires, the terms ‘you’ and “your” shall mean any person who uses the Website or the Service in any manner whatsoever including persons browsing the Website and its content, posting comments or any content or responding to any advertisements or content on the Website. By using the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at Toolz.ng’s sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Toolz.ng or the Service in any way, your only choice is to immediately discontinue use of the application. These Terms may be updated by Toolz.ng at any time at its sole discretion. The company may send you notice of changes to the Website or the Terms.
ii. DESCRIPTION OF SERVICE AND CONTENT POLICY
Toolz.ng is the next generation of online classifieds for tools and equipment. We act as an avenue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Website. Although you may be able to conduct payment and other transactions through the Website, using third-party vendors, Toolz.ng is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Toolz.ng is not a party to such transactions, has no control over any element of such transactions, and shall have no liability towards any party in connection with such transactions. You use the Service and the Website at your sole risk and responsibility.
You understand that Toolz.ng is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails or chats or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service (“Content“), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with the use of any Content, that you may not rely on the said Content, and that under no circumstances will Toolz.ng be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that Toolz.ng is not obliged to pre-screen or approve any Content, but that Toolz.ng has the right-in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Toolz.ng’s knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third party websites (“Third Party Websites“), which are completely unrelated to Toolz.ng. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Toolz.ng makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Websites, and your linking to any other websites is completely at your own risk and the company disclaims all liability thereto.
- You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that:
i. You own or have and shall continue to, for such time the Content is available on the Website, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Toolz.ng to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and
- You have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Website, you hereby grant toToolz.ng an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Toolz.ng’s (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Toolz.ng in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Toolz.ng all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website (this license excludes scrapping cases and any other possible use with commercial purposes). The foregoing license to each user granted by you terminates once you or Toolz.ng remove or delete such Content from the Website.
- Toolz.ng does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and as such expressly disclaims any and all liability in connection with user Content. Toolz.ng does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Toolz.ng may, at its sole discretion, remove any infringing Content. Toolz.ng reserves the right to remove any Content without prior notice. The company may also terminate a user’s access to the Website, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, Toolz.ng reserves the right to decide whether any Content is appropriate and complies with these Terms.
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content that violates any law or regulation;
i. that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Toolz.ng all of the license rights granted herein;
ii. that infringes any of the foregoing intellectual property rights of any party, or it’s Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
iii. that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
I. that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
II. that includes personal or identifying information about another person without that person’s explicit consent;
III. that impersonates any person or entity, including, but not limited to, an Toolz.ng employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
V. that is false, deceptive, misleading, deceitful, misinforming, or constitutes “bait and switch” offer;
VI. that constitutes or contains “pyramid schemes“, “jokes”, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” or unsolicited advertisements of a commercial nature;
VII. that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Website which are not designated for such purposes; or (2) e-mailed to Toolz.ng users who have requested not to be contacted about other services, products or commercial interests;
VIII. that includes links to commercial services or Third Party Websites, except as specifically allowed by Toolz.ng;
IX. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
XII. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
i. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party Website or post any advertisement on behalf of such user; or to “stalk” or otherwise harass anyone;
- make any libelous or defamatory comments or postings to or against anyone;
iii. collect personal data about other users or entities for commercial or unlawful purposes;
iv. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
- post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
vi. post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
vii. attempt to gain unauthorized access to computer systems owned or controlled by Toolz.ng or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.
viii. use any form of automated device or computer program (sometimes referred to as “flagging tools“) that enables the use of Toolz.ng‘s “flagging system” or other community control systems without each flag being manually entered by a human that initiates the flag (an “automated flagging device“), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation; or
ix. use any automated device or software that enables the submission of automatic postings on Toolz.ng without human intervention or authorship (an “automated posting device“), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.
iv. PAID POSTINGS:
Toolz.ng may charge a fee to post Content in some specific areas of the Service (Paid Content). The fee permits Paid Content to be posted in a designated area of the Website. Each party posting Paid Content to the Service is responsible for the Content and compliance with the Terms. Any such fees paid here-under are non-refundable in the event any Content is removed from the Service for violating these Terms. Additional terms regarding Paid Content will be fully stated in the applicable section(s).
v. POSTING AGENTS
As used herein, the term “Posting Agent” refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. Toolz.ng prohibits the use of Posting Agents, directly or indirectly, without the express written permission of Toolz.ng. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from Toolz.ng.
vi. ACCESS TO THE SERVICE
Toolz.ng grants you a limited, revocable, non-exclusive license to access and use the Service for individual use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Toolz.ng or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a “general purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). Toolz.ng may limit the amount of postings displayed on or linked to your website. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Toolz.ng.
vii. NOTIFICATION OF CLAIMS OF INFRINGEMENTS
If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to Toolz.ng together with a request to Toolz.ng to delete the relevant Content in good faith. The notification and the request must contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the Content (by means of data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Toolz.ng to locate the material;
iv. Information reasonably sufficient to permit Toolz.ng to contact you, such as an address, telephone number, and an electronic mail address;
v. A signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law;
vi. A signed statement that the intellectual property-owner hold Toolz.ng harmless from any claim of any third party in connection with the removing by Toolz.ng of the relevant content; and
A signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications must be sent to email@example.com
viii. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the materials on the Website, other than the user Content that you licensed under this Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to Toolz.ng, and are subject to copyright and other intellectual property rights. In connection with the Services, the Website may display certain intellectual property goods belonging to third parties. Use of these goods may be subject to license granted by third parties to Toolz.ng. You shall, in no event, reverse engineer, recompile, or disassemble such goods and nothing herein shall be construed to grant you any right in relation to such goods. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Toolz.ng reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
Toolz.ng accepts payment in Real-time and Over time; there may be a pay on delivery too.
REAL-TIME PAYMENT OPTIONS:
Real-time payment options are payments that are credited immediately after payment.
Toolz.ng accepts the following as payment options when availing of our products:
- Credit card
- Bank transfer
- ATM / Debit Card
Kindly take note of the following for credit card transactions:
1. Card Number
2. Expiry Date
3. Security Code
4. 3D Secure Code (If applicable)
By completing any payment using any of the stated methods, you are accepting our Terms & Conditions and the user at IP address: ————— agrees to allow the payment to be taken from the credit card account stated above