INTRODUCTION

These Terms and Conditions govern the use of www.peacockmarkets.com  (herein referred to as the “Site”) by all visitors to the Site. This website is owned and operated by Peacock Markets Ltd. As such, these Terms and Conditions constitute a binding agreement between you, as a User of the Site (“you” or “user”) and Peacock Markets Ltd (hereinafter Peacock Markets) and/or its affiliated entities (collectively referred to as “Peacock Markets”, “us”, “we” or “our”) (“Peacockmarkets.com”, the “Site”). By using the Site, you agree at all times during your use to abide by these Terms of Use and additions or amendments. Therefore, we ask that you please read these Terms and Conditions carefully prior to enjoying the Site. Please know that these Terms and Conditions do not create a confidential relationship between you and us.

Your use of the Site is also subject to our Privacy Policy. Therefore, please also review the Privacy Policy carefully prior to using the Site. In the event there is any conflict between the provisions within these Terms and Conditions and the provisions within the Privacy Policy, the provisions of the Privacy Policy will apply.

TERMS AND CONDITIONS OF USE

Acceptance of Terms of Service and amendments

Each time you use or cause access to Peacockmarkets.com, you agree to be bound by these Terms and Conditions, as amended from time to time with or without notice to you. In addition, if you are using a particular service on or accessed by Peacockmarket.com, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of Service. Please read the Site’s Privacy Policy, which is incorporated within these Terms and Conditions.

Peacock Markets’s service

Peacockmarkets.com and the services provided to you on and via Peacockmarkets..com are provided on an “AS IS” basis. You agree that Peacock Markets reserves the right to modify or discontinue provision of Peacockmarkets.com and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Peacock Markets will not be held responsible or liable for timeless, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

Your responsibilities and registration obligation

In order to use Peacockmarkets.com or certain parts of it, you may be required to register for a user account on Peacockmarkets.com; in this case, you agree to provide truthful information when requested, and you confirm that you at least 18 years of age or accessing the Site under the supervision of a parent or legal guardian. By registering for a user account, you explicitly agree to this Site’s Terms and Condition, including any amendments made by Peacock Markets that are published herein.

Privacy Policy

Registration data and other personally identifiable information that the Site may collect is subject to the terms of Peacock Markets’s Privacy Policy.

Registration and password

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or username, whether authorised or not authorised by you. You agree to immediately notify Peacock Markets of any unauthorised use of your user account, username or password.

Refund Policy

If for any reason you are unhappy with your purchase, please contact us at info@peacockmarkets.com within 7 days of receipt to arrange a replacement or refund. Items must be in their original condition, unworn, unwashed, unaltered and undamaged with the original tags attached.

Your conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that Peacockmarkets.com may expose you to content that may be objectionable or offensive. Peacock Markets will not be responsible to you in any way for content displayed on Peacockmarkets.com, nor for any error or omission.

By using Peacockmarkets.com or any service provided, you explicitly agree that:

(a) You will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortuous; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of Peacockmarkets.com or any service provided, infected with a virus or other destructive or deleterious programming routine, giving rice to civil or criminal liability, or in violation of  an applicable local, national or international law;

(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) you will not collect or harvest any information about other users;

(d) you will not provide, and you will not use content or service of Peacockmarkets.com in a  commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorised advertising or commerce, you will not use Peacockmarkets.com to promote or operate any service or content without Peacockmarkets’s prior written consent;

(e) you will not provide any content that may give rise to Peacock Markets being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.

Submission of content on Peacockmarkets.com

By providing any content to Peacockmarkets.com:

1. you agree to grant Peacock Markets a worldwide, royalty-free, perpetual, non-exclusive right and licence (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt,publish, distribute, perform, promote, archive, translate, and to create derivative works and complications, in whole or in part. Such licence will apply with respect to any form, media and technology already known at the time of provision or developed subsequently;
2. you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Peacock Markets the licence specified in the section that relates to conduct;
3. you acknowledge and agree that Peacock Markets will have the right (but not obligation), at Peacock Markets’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with without notice.

Typographical Errors

While Peacockmarkets.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Peacockmarkets.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information; Peacockmarkets.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, Peacockmarkets.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellations.

Indemnification

You agree to indemnify and hold harmless Peacock Markets and Peacock Markets’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by the third party, arising out of your conduct or conection Peacockmarkets.com or service, your provision of content, your violation of these Terms and Conditions, or any other violation by you of the rights of another person or party.

Disclaimer of warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF PEACOCKMARKETS.COM AND PEACOCK MARKETS LTD OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU”AS IS” AND PEACOCK MARKETS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

PEACOCK MARKETS MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESSED, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY SECURE, ACCURATE, RELIABLE, OR ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER PEACOCK MARKETS NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA PEACOCKMARKETS.COM MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT PEACOCK MARKETS WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other Terms and Conditions remain enforceable notwithstanding.

Limitation of liability

YOU UNDERSTAND AND AGREE THAT THE SITE EDITOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES OR FOR LOSS OF PROFITS, GOODWILL, USE DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PEACOCK MARKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(i) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES;

(ii) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES;

(iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS;

(iv) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR

(v)) ANY OTHER MATTER RELATING YO SERVICES

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

Reservation of rights

Peacock Markets reserves all of peacock Markets’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Peacock Markets may have in respect of Peacockmarkets.com, its content, and goods and services that may be provided. The use of Peacock Markets’s rights and property requires Peacock Markets’s prior written content. By making services available to you. Peacock Market is not providing you with any implied or express licences or rights, and you will have no rights to make any commercial use of Peacockmarkets.com or provided services without Peacock Markets’s prior written consent.

Notification of copyright infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, Peacock Markets’s copyright agent may be contacted via email

Arbitration

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use will be referred to any finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap 18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.

The arbitrator shall be a person who is legally trained and who has experience in Information Technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Miscellaneous information

(i) In the event that any provision of these Terms and Conditions is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and applicable;

(ii) The failure of either party to assert any right under these Terms and Conditions will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect;

(iii) You agree that any claim or cause in respect of Peacockmarkets.com or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation;

(iv) Peacock Markets may assign Peacock Markets’s rights and obligations under these Terms and Conditions; in this event, Peacock markets will be relieved of any further obligation.