General Terms and Conditions
These General Terms and Conditions regulate the access, browsing and use of the online platform– www.theayza.com (from now on referred to as the website), and any other associated services we provide.
The Terms and Conditions may be amended from time to time. And, the amendments will take effect immediately after publication on the website.A user of any part of the website must agree to be legally bound by these Terms and Conditions. Otherwise, we do not permit the use of the website and any associated services.
Specific actions on the website, such as the Price Alert, are governed by their particular conditions, clearly posted appropriately. These specific conditions are valid alongside the General Terms and Conditions.
Services of the Websites
The website is aimed at end consumers (after this referred to as customers), who purchase, apply for or inform themselves (or each other) about products and services online.
On the website, customers receive free price overviews and references to the sources of supply of products and services that are offered online by retailers, suppliers and service providers registered with Ayza, and third parties, including white-label cooperation partners(starting now also referred to as Online Shops).
The information provided on the website does not represent any legally binding offer on the part of Ayza. The information research is widely automated and significantly based on information that Ayza receives from the Online Shops and third parties (e.g. manufacturers and media). Data from Online Shops and third parties is repeatedly updated via automatic processes throughout the day. In individual cases, discrepancies may occur, especially regarding the prices (which also affects the ranking of the offers), the availability and the delivery times of products and services. Due to the sheer quantity of information to be processed, errors cannot entirely be ruled out, especially in cases where the incorrect information can be attributed to Online Shops or other third parties. Therefore, Ayza cannot assume any liability for the accuracy or inaccuracy of the information provided. It shall not apply if Ayza is informed about the inaccuracy of the information, through a customer, for instance, and does not correct it or at least take action to have the Online Shop or third party correct it.
Ayza hereby emphasises that not all online shops and offers on the market are considered on the website. The available selection remains the sole discretion of Ayza and the Online Shops. The comparison results provide an overview of the Online Shops cooperating with Ayza on a remuneration basis and make no claims of displaying a complete overview. Ayza reserves the right to remove individual products and services from the websites without prior notice to the customers.
Ayza does not become party to any purchase, service, or contract of any nature made in acquiring the products or services represented on the website. Contracts involving the acquisition of products or services described on the websites are concluded exclusively between the customers and the Online Shops. In the case of such agreements, the respective terms and conditions (including cancellation policies) of the individual Online Shops apply.
When the customer is interested in a product or service, the customer is generally taken via a link directly from Ayza's website to the web page of the Online Shop from which the offer in question originates. Before concluding a contract or a purchase, users are responsible for checking whether the relevant data provided by the respective Online Shop is accurate andup to date. Ayza expressly emphasises that in the event of an advance payment made by the user to an Online Shop, the user'scredit risk is borne solely.
On occasions, and only when labelled, a customer's contract offer for certain products listed on the websites may occur directly and without the customer being taken to the web pages of the Online Shop. In such cases, Ayza neither represents one of the contracting parties nor becomes a party to any potential contract concluded between the customer and the Online Shop. All contract obligations are agreed solely between the customer and the Online Shop.
Legal warranty rights apply to all product purchases. Furthermore, the respective terms and conditions (including cancellation policies) of the Online Shop may apply to these contracts and the terms and conditions of the payment service provider. Ayza assumes no responsibility for whether the products and services displayed on the websites can be ordered or purchased from the Online Shop in question according to the declared terms and conditions.
All brand names, logos and other product designations on the websites are registered and protected trademarks or trade names of the respective owners.
Ayza offers persons of legal age with unlimited legal capacity the option of registering with Ayza to set up their customer account, use Ayza's comprehensive features and functions, and benefit from personalised information and offers.
The provision by Ayza of the possibility to set up an account is non-binding. In each case where a customer responds to this possibility, they are merely submitting an offer to Ayza to set up a free customer account. By registering for an account and then confirming the account via the so-called double opt-in process, the customer confirms that they have legal age and unlimited legal capacity. Acceptance of the customer's registration in the form of an actual provision of a customer account is subject to checks carried out by Ayza. The functions and services provided by Ayza in connection with the opening of a customer account are free of charge for the customer and non-binding for Ayza. The customer has no entitlement to the provision of any particular service by Ayza, and Ayza bears no liability if the content of these services is inaccurate or incomplete.
Each customer is responsible for keeping their account confidential. In particular, each customer is obliged to prevent the account access data from being viewed by and disclosed to third parties.
Ayza reserves the right to exclude a customer from availing of its services if that customer uses the services in a way that may damage it.
The exclusion is also applicable if the services are used to commit or facilitate criminal offences or are intended to damage the functionality of the services.
Customers can express opinions concerning Online Shops, products and services (from now on "Services") with text or image contributions and ratings directly on the websites.
Participation is not legally enforceable and cannot be required or demanded. Ayza reserves the right not to publish customer contributions.
A customer may only submit a review or rating if he/she has used the service in question. The customer is neither the owner of the service nor being commissioned or compensated by the service.
Ayza expressly distances itself from third-party reviews on the websites and is not liable for them. Services reviewed may express objections to these reviews by submitting their justification and any supporting evidence to firstname.lastname@example.org. After receiving a complaint, Ayza shall promptly investigate the review and, when applicable, remove the review or request that the customer make changes to that.
With the submission of reviews and images, the user grants Ayza the simple, gratuitous, revocable, spatially and temporally unlimited right to use the submitted content. And that also extends to the accompanying rating, including the right to modify the content. However, the editing and modification of this content remain true to the work's original spirit and the right to translate it into other languages.
The content submitter waives the right to be named or otherwise identified as author. The usage rights hereby granted are restricted in their content and scope to what is necessary for the operation, provision and improvement of services at Ayza.
Indemnification regarding Customer Contributions
The customer will indemnify Ayza against all claims by third parties brought against Ayza due to alleged damage incurred by publishing the customer's text or image contributions on the websites. The customer will bear the costs of the necessary legal defence (particularly court and lawyers' fees) that Ayza incurs through a legal assertion of claims. It does not apply when the customer is not liable for the legal violation.
The following exclusions and limitations apply to Ayza's liability, notwithstanding other legal claim requirements: Ayza assumes liability if the cause of damage is the result of wilful misconduct or gross negligence on the part of Ayza. In the case of simple failure, Ayza only assumes liability for the breach of significant duties, the proper fulfilment of which constitutes a condition sine qua non and on the completion of which the customer regularly relies (so-called cardinal duties) on. In other respects, liability for compensation for any damage is excluded. And the exclusion is applicable regardless of the claim, including liability for violation of confidence in the preparation of the contract,
Suppose Ayza assumes liability for an instance of simple negligence. Then, this liability is limited to the damage that could typically be expected due to circumstances known upon the conclusion of the contract.
The exclusion above and restrictions of liability also apply to employees, auxiliary persons and other third parties, serving Ayza in the capacity of fulfilling the contract.
Ayza assumes no liability and makes no guarantee of the type, completeness, and quality of the products, services, or information from the Online Shops and other third parties, accessible either directly on the websites or indirectly via links. In particular, Ayza assumes no liability and makes no guarantee of the proper functioning and compatibility of systems, programs, etc., that are not directly part of Ayza's services and over which, therefore, Ayza has no influence. As such, Ayza cannot assume liability for the accessibility and availability, the graphics, content or other technical design, structure or functionality of the websites of the Online Shops or third parties or for the products, services or information these third-party websites offer or do not offer.
Intellectual Property Rights
The websites contain data, search results, texts, graphics, software, and other information protected under intellectual property rights provisions, in particular, copyright law and trademark law for the benefit of Ayza and its employees. Reproduction, public distribution, modification and other encroachments on these rights, whether entirely or in part, are only permitted with the explicit written permission of Ayza unless a statutory limit applies. Each unauthorised encroachment represents a violation of these Terms and Conditions and will be prosecuted. In particular, the automated reading of databases and websites (e.g. via scraping) and the integration of the contents of the websites in a frame without Ayza's permission is not permitted. The user is solely allowed to use the application to compare offers from Online Shops for their own private needs.
The use of the websites and these General Terms and Conditions are governed solely by the laws of the Federal Republic of Nigeria, whereby the UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Place of Jurisdiction and Severability Clause
If the customer is a registered merchant or trader, a legal entity under public law or a special fund constituted as a public law entity, the place of jurisdiction for all disputes arising from the contractual relationship between the customer and Ayza.
If specific provisions of these General Terms and Conditions are or become partially or wholly invalid or ineffective, this shall not affect the validity of the remaining provisions. Any unincorporated or ineffective General Terms and Conditions are replaced by statutory law. Furthermore, the Parties undertake to replace the invalid or ineffective provision with an effective provision that comes as close as possible to fulfilling the economic intent and purpose of the invalid provision, as far as a supplemental interpretation is not possible or does not take priority.