Terms and Conditions

For purposes of these terms and conditions, “Atco Energy Limited” shall mean Atco Energy Limited, and all of its direct and indirect subsidiaries.

Section A: Terms of Website Use

1. Acceptance of terms and conditions

Atco Energy Limited provides the information contained on this website and any pages comprising the website (“website”) to you subject to the terms and conditions of use set out herein (“terms and conditions”). By accessing, using and/or downloading any information from the website, you are deemed to have accepted and agreed to the terms and conditions. If you do not accept and agree to the terms and conditions, do not access, use or download any information from the website.

2. Modification of terms and conditions

Atco Energy Limited may at any time modify the terms and conditions without notice to you and your continued access or use of the website will be subject to the terms and conditions in force at the time of such access or use. Accordingly, you should review the terms and conditions periodically as your continued access or use of the website shall be deemed to be your acceptance of the amended terms and conditions.

3. Content of the Website

Whilst every effort is made to update the information contained on this website on a regular basis, Atco Energy Limited makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information, opinions, data and/or content contained on the website and shall not be bound in any manner by any information contained on the website. The contents of the website do not constitute an invitation to invest in the shares of Atco Energy Limited. Atco Energy Limited reserves the right at any time to change the content or discontinue without notice, any aspect or feature of the website. No opinions, research information, data or content contained on the website (and whether posted by Atco Energy Limited or a third party) should be construed as advice and same are offered for information purposes only.

4. Links to Other Web Sites

External links may be provided for your convenience, but they are beyond the control of Atco Energy Limited and no representation is made as to their content. Use of or reliance on any external links is at your own risk. No hypertext links may be created from any website controlled by you (whether directly or indirectly) to the website without the express prior written permission of Atco Energy Limited.

5. Copyright and Intellectual Property Rights

Copyright and all intellectual property rights in and to all materials, texts, drawings and data made available on the website (collectively “materials”) are owned by Atco Energy Limited alternatively, Atco Energy Limited is the lawful user thereof and same are protected by Nigeria and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on the website are the registered and unregistered trademarks of Atco Energy Limited. Nothing contained on the website should be construed as granting any licence or right to use any trademark without the prior written permission of Atco Energy Limited.

6. Public Forums and User Submissions

Atco Energy Limited is not responsible for any material submitted to the public areas by you (which include bulletin boards, chat rooms, or any other public area found on the website). Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Atco Energy Limited. Atco Energy Limited reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion, that there is a possibility that you may –

6.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

6.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;

6.3 upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of Atco Energy Limited’s and/or a third party’s computer system and/or network;

6.4 violate any copyright, trademark, other applicable laws or intellectual property rights of Atco Energy Limited or any other third party;

6.5 submit contents containing marketing or promotional material which is intended to solicit business.

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or which violates any applicable laws and you hereby indemnify Atco Energy Limited against any loss, liability, damage or expense of whatever nature which Atco Energy Limited or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website.

7. Warranties and Disclaimers

Atco Energy Limited makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website. Atco Energy Limited shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct , indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and/or use of the website and any information contained on the website and you waive any and all claims which you may have against Atco Energy Limited in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or your dependants as a result of or which may be attributable directly or indirectly to the aforesaid. These limitations of liability shall apply regardless of the form of action, whether in contract, tort, strict liability or otherwise, and regardless of whether either party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Atco Energy Limited shall not be liable for any indirect, contingent or consequential loss (including but not limited to loss of business or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance on the website or any information offered on or via the website.

8. General

8.1 These terms and conditions constitute the sole record of the agreement between you and Atco Energy Limited in relation to the subject matter hereof. Neither you nor Atco Energy Limited shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Atco Energy Limited in respect of the subject matter hereof. No addition to, variation or agreed cancellation of any provision of these terms of use shall be binding upon Atco Energy Limited unless agreed to by Atco Energy Limited. No indulgence or extension of time which Atco Energy Limited may grant to you will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of Atco Energy Limited in terms hereof, save in the event or to the extent that Atco Energy Limited has signed a written document expressly waiving or limiting such rights.

8.2 Atco Energy Limited shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms and conditions to any third party without notice to you.

8.3 All provisions of these terms and conditions are, notwithstanding the manner in which they have been linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever shall, in such jurisdiction only and only to the extent that it is so unenforceable, be disregarded and the remaining provisions of these terms and conditions shall remain of full force and effect.

8.4 These terms and conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the Nigeria courts in respect of any disputes arising in connection with these terms and conditions or any matter related to or in connection therewith.

Section B: Terms of Sales (Account-Online Module)

“Account Holder” – a customer who has an existing account with the company

“Agreement” – these Terms and any other terms and conditions previously notified by the Company to the Account Holder that apply to the sale and supply of the Products and Services

“Company” – means Atco Energy Limited

“Gas” – Liquefied Petroleum Gas (“LPG”) supplied to the Account Holder by the Company or by a distributor or a dealer of the Company

“Services” – the delivery of Gas to the Account Holder’s address

“Product” – goods, Gas and products for sale on the atcoenergy.com.ng e-commerce website

Terms and Conditions of Sales

1. General:

You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. You agree that if you are unsure of the meaning of any part of the Terms and Conditions of Sale, you will not hesitate to contact us for clarification prior to making a purchase.

These Terms and Conditions of Sale fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.

2. Formation of Contract

Both parties agree that browsing the website and gathering information regarding the services provided by the seller does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.

Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product.

Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.

3. Acceptance of Electronic Documents:

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Prices and Products:

The Company takes reasonable care to ensure that all details are correct. The Company reserves the right to refuse orders where Product and Price information has been incorrectly published. Prices are inclusive of VAT unless otherwise stated.

Atco Energy Ltd shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.

Terms and conditions are applicable to account holders requesting LPG refill.

Atco Energy Ltd. reserves the right to change the price of her products displayed on the website at any time without prior notification.

5. Delivery:

This Site is only for delivery of products to customers within Nigeria. We make every effort to deliver goods within the estimated timescales set out on our Site; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.

You agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.

6. Return Policy:

All cylinders ordered and delivered through Atco Energy (Atcogas) or its merchant will always have a seal around the valve of the cylinder. This is your guarantee that the cylinder has passed a final check in our filling process and is the correct weight and in a safe working condition.

Atco Energy does not refund stock that was correctly invoiced and delivered. Should a cylinder/refill have been ordered and subsequently discovered to be the wrong size Atco Energy will exchange the cylinders for the correct size as long as the original cylinder still has its plastic seal around the valve intact.

Please feel free to contact us personally in regards to your individual situation should you wish to discuss refunds or exchanges in more detail. You can send an email to: [email protected]

7. Indemnity:

You agree to indemnify us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions of Sale.

8. Applicable Law and Jurisdiction:

These Terms and Conditions of Sale shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.

9. Arbitration:

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Sale will be referred to and 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 A18 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 the 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.

10. Severability:

If any portion of these Terms or Conditions of Sale is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Sale and shall not affect the validity or enforceability of any other section listed in this document.

11. Miscellaneous Provisions: