Terms of Use
Please read these terms carefully before using our services
ARBITRATION NOTICE
Section 20 contains a mandatory arbitration provision and a class-action waiver. This means that you and Liberty Electric must resolve most disputes and claims through binding, individual arbitration. You cannot pursue these issues through a class arbitration, a class action, any other type of representative proceeding, or in court.
These Terms of Use ("Terms") govern the use of the website at libertyhillssystems.com, the mobile applications of Liberty Electric, the Liberty Electric Webstore and any other websites or applications related to Liberty Hills Systems Limited services, brands, or products that link to these Terms (collectively referred to as the "Site"). In these Terms, the terms "Liberty Electric," "we," and "us" refer to Liberty Hills Systems Limited along with its subsidiaries and affiliated companies. Your access to and utilization of the Site is contingent upon your acceptance of and adherence to these Terms. These Terms apply to all visitors, users, and others who access or make use of the Site (collectively known as "Users"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with any part of the Terms, please discontinue your access or use of the Site.
1. ELIGIBILITY
This is a contract between you and Liberty Electric. You must fully read and agree to these Terms before using our Site. If you disagree with these Terms, you may not use our Site. You may use our Site only if you can form a binding contract with us and only in compliance with these Terms and all applicable laws, rules, and regulations. Access to the Site is strictly prohibited for anyone under thirteen (13) years of age, as this would violate these Terms. If you are under the age of eighteen (18) you may use the Site only with the involvement of a parent or legal guardian who shall provide consent and agree to these Terms. If you are under 18, you affirm that you have permission from your parent or guardian to use the Site and that they have agreed to these Terms. If you are a parent or legal guardian of a user under 18, by allowing your child to use the Site, you agree to these Terms and are responsible for their activities on the Site. We are committed to providing a safe environment for all our users. Therefore, our Site is unavailable to anyone we have previously removed for any reason.
2. ACCESS AND USE
Provided you comply with these terms and conditions, you may access and use our Site for your personal, non-commercial purposes only. We reserve all rights not explicitly granted in these Terms regarding our Site and our Intellectual Property (as defined below). We may suspend or terminate your access to our Site at any time, for any reason, or for no reason at all.
3. PRIVACY
We collect and process information about you when you access and use our Site. For additional details about our information practices, please refer to our Privacy Policy.
4. RESTRICTIONS
You agree not to do, and not to assist, permit, or enable others to do, any of the following:
4.1 Use our Site for any purpose other than as expressly stated in the "Access and Use" section above.
4.2 Disassemble, reverse engineer, decode, or decompile any part of our Site.
4.3 Use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means to access, collect, copy, or record content from the Site.
4.4 Copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of our Site or any of our Intellectual Property.
4.5 Remove any copyright notices or proprietary legends from our Site.
4.6 Use our Site in a manner that affects: (i) the stability of our servers; (ii) the operation or performance of our Site; or (iii) the experience of other users on our Site.
4.7 Use our Site for any purpose that violates applicable laws, regulations, legal requirements, or obligations, or infringe upon the rights of any person, including but not limited to intellectual property rights and rights of privacy, or that may be harmful to us, our providers, suppliers, or users.
4.8 Use our Site in competition with us, to develop competing products or services, or in a way that disadvantages us commercially.
4.9 Use our Site for benchmarking or competitive analysis purposes.
4.10 Attempt to interfere with, compromise the integrity or security of, or decipher any transmissions to or from the servers running our Site.
4.11 Transmit viruses, worms, or other malicious software through our Site.
4.12 Impersonate another person, misrepresent your affiliation with any person or entity, hide your identity, or use our Site for any fraudulent or deceptive purpose.
4.13 Share passwords or authentication credentials for our Site.
4.14 Bypass any measures we implement to prevent or restrict access to our Site or enforce limitations on its use or the content within, including features that prevent or restrict the use or copying of any content.
4.15 Identify us or display any portion of our Site on any websites or services that disparage us or our products and services, or infringe upon our intellectual property rights.
4.16 Identify or refer to us or our Site in a way that could reasonably imply an endorsement, relationship, or sponsorship between you or a third party and us, other than your permitted use of our Site under these Terms, without our express written consent.
5. USER ACCOUNTS
Your account on our Site (your "User Account") grants you access to the services and functionalities that we establish and maintain at our discretion. Different types of User Accounts may be maintained for different users. You are prohibited from using another user's account without permission. When creating your User Account, you must provide accurate and complete information and keep this information updated. You are solely responsible for the activity that occurs on your User Account and must keep your password secure. We encourage you to create a "strong" password, utilizing a mix of uppercase and lowercase letters, numbers, and symbols. If you suspect any security breaches or unauthorized use of your User Account, you must notify us immediately. We will not be liable for any losses resulting from unauthorized use of your User Account. You can manage certain aspects of your User profile and how you interact with our Site by adjusting the settings on your profile page. By providing your email address, you consent to our use of that email to send service-related notices, including those required by law, instead of sending communications via postal mail. We may also use your email address to send promotional messages about changes to features on our Site and special offers. You can unsubscribe from these promotional emails at any time following the instructions in our Marketing Opt-Out Form. If you opt out of promotional communications, we may still send you non-promotional emails regarding your account or our ongoing business relationship. You admit that you do not own the User Account you use to access our Site. Notwithstanding any provisions in these Terms to the contrary, you agree that we hold the absolute right to manage, regulate, control, modify, and/or eliminate any data stored by us or on our behalf on our servers (including those of our third-party hosting providers) at our discretion. This may occur in specific or general cases, and we will not be liable for any actions taken based on this right. All data on our servers is subject to deletion, modification, or transfer. Regardless of any value you or third parties attribute to such data, you understand and agree that any data or User Account information is at our management discretion.
6. OUR PROPRIETARY RIGHTS
Except for your User Content, you understand and accept that our Site, along with all materials associated with it, including but not limited to all information, data, text, software, music, sound, photographs, graphics, logos, visuals, patents, trademarks, service marks, copyrights, audio, video, messages, and other materials (collectively referred to as "Liberty Electric Content"), are the exclusive property of Liberty Electric and its licensors. This includes User Content posted by other users. You are expressly prohibited from using any Liberty Electric Content without the explicit written consent of Liberty Electric or its licensors. Unless otherwise stated in these Terms, none of the materials may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means without the prior written permission of Liberty Electric or the appropriate licensor. You may display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use, provided that you do not modify the materials and retain all copyright and other proprietary notices contained in them. You may not "mirror" any material from this Site on any other server without Liberty Electric's express written permission. Any permission granted under these Terms will automatically terminate without further notice if you breach any of these terms. Upon rescission of this Agreement, you agree to immediately destroy any downloaded or printed materials arising from the use of this Site. Unauthorized use of any material on this Site may violate domestic and/or international copyright laws, privacy laws, publicity rights, and communications regulations. For the purposes of these Terms, "Intellectual Property" refers to all but not limited to patent rights, copyright rights, design rights, mask work rights, moral rights, rights of publicity, trademarks, trade dress, service mark rights, goodwill, trade secrets, and other intellectual property rights that currently exist or may exist in the future, along with all applications, registrations, renewals, and extensions under the laws of any jurisdiction. ANY USE OF THE SERVICES NOT SPECIFICALLY ALLOWED UNDER THESE TERMS IS STRICTLY PROHIBITED.
7. INTERACTIONS WITH OTHER USERS
You are personally entirely responsible for your interactions with other users. We reserve the right, but have no responsibility, to monitor interactions between you and other users. We have no liability for, and expressly disclaim all liability arising from your interactions with other users or for any user's actions or inactions.
8. SERVICE LOCATION; RESTRICTIONS
Our Site is designed, controlled and operated from our office in Nigeria. We make no representations that our Site is available for use in other locations. Those who access and or use our Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable Nigerian laws and regulations, this includes but not limited to export and import regulations.
9. SUBMISSION OF CONTENT; COMMENTS, IMAGES, VIDEOS AND OTHER CONTENT
The Site allows users to submit, post, display, provide, or otherwise share content, including content from third parties or third-party services such as Facebook or Instagram that may interact with this Site. This content includes comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions, including those with hashtags (collectively referred to as "User Content"). User Content may include personal information. We claim no ownership rights over User Content. However, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid-up, worldwide license to use any User Content (the "IP License"). The IP License includes, but is not limited to, the right to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform, and display such material (in whole or in part) worldwide. This license allows us to incorporate User Content into other works in any form, media, or technology currently known or developed in the future, and it will not be limited in any way regarding the use or modification of the submission, whether for commercial purposes or not. In certain circumstances, Liberty Electric may also share your contributions with trusted third parties.
Liberty Electric is not obligated to do any of the following regarding User Content: (1) maintain its confidentiality; (2) provide any compensation to you; (3) credit or acknowledge you; or (4) respond to your User Content. We do not take responsibility and assume no liability for any User Content posted, sent, or made available on our Site by you, other users, or third parties. You are solely responsible for your User Content and the consequences of posting, publishing, sharing, or otherwise making it available on our Site. You agree that we merely act as a passive conduit for your online distribution and publication of your User Content. You understand that you may encounter User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuitable for your purposes. You agree that Liberty Electric will not be liable for any damages you claim to incur as a result of or related to any User Content. If you do not want to grant Liberty Electric the permissions outlined above, please do not submit any User Content.
10. TELEPHONE COMMUNICATIONS AND AGREEMENT TO BE CONTACTED VIA AUTOMATIC DIALER
(a) Call Recording and Monitoring. You acknowledge and agree that any telephone calls made to or received from Liberty Electric, or on its behalf, may be monitored and recorded. By continuing communication, you consent to this monitoring and recording.
(b) Express Consent to Text Messages. By accepting to receive text messages from Liberty Electric, which may include without limitation to WhatsApp messages or SMS messages or MMS messages, (the "Program"), you give express consent to receive automated text messages from Liberty Electric at the mobile number you provided, including text messages that may be sent using an automatic telephone dialing system. Consent to receive automated text messages is not a condition of any purchase.
(c) Program Details: The Program may involve both recurring and one-time text messages related to promotions, products, your account, updates, events, special offers, service outages, reminders (including cart reminders), follow-ups to push notifications sent through our mobile app, as well as other information relevant to your transactions or your relationship with Liberty Electric. The frequency of text messages may vary. Liberty Electric reserves the right to change the frequency of messages at any time, whether to increase or decrease the total number sent. We may also change the short code or phone number from which messages are sent. Please note that standard text message and data rates may apply. Not all mobile devices or carriers may support our messages, and message delivery is not guaranteed in all areas. Liberty Electric, its service providers, and supported carriers are not liable for delayed or undelivered messages.
(d) Cancellation: You can opt out of the Program at any time. To do this, please text the keyword STOP to the phone number or short code that sent you the message. After sending STOP, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize unsubscribe requests that do not consist solely of the STOP command, and you agree that Liberty Electric and its service providers cannot be held liable for not honoring such requests.
(e) Privacy
Please review our Privacy Policy for details about our privacy practices.
(f) Help and Customer Care; Contact Us for technical assistance on support@libertyhillssystems.com, and for enquiries, please contact us via email at info@libertyhillssystems.com, by phone at 09079885933.
(g) Providing Telephone Numbers and Other Contact Information: When you provide your contact information to Liberty Electric, you certify that it is true, accurate, and current. This includes your name, mailing address, email address, and any residential, business, or mobile telephone numbers. You confirm that you are the current subscriber or owner of any telephone numbers you provide. You are prohibited from providing a telephone number that is not yours. If you have an account and we find that any contact information you provided is false or inaccurate, we may suspend or terminate your account at any time.
(h) Change in Ownership of Telephone Number(s): If you have opted-in to receive SMS text messages from us and your telephone number ownership changes, you agree to notify us immediately before the change takes effect. You can do this by updating your profile phone number before using any of our services
11. ADDITIONAL TERMS FOR MOBILE APPLICATIONS
(a) Mobile Applications - We may offer software to access our Site through a compatible mobile device ("Mobile Applications"). You may incur mobile data charges from your wireless provider when using the Mobile Applications, and you agree to be solely responsible for any such charges. We grant you a non-exclusive, non-transferable, revocable license to use a compiled version of the Mobile Applications for your User Account on one or more mobile devices that you own or lease, in accordance with this Agreement. You acknowledge that we may periodically release upgraded versions of the Mobile Applications and may automatically update the version you are using on your mobile device. You consent to these automatic upgrades, and the terms of this Agreement will apply to all such updates. Any third-party code included in the Mobile Applications is subject to the applicable open source or third-party license agreements. This license grant does not constitute a sale of the Mobile Applications or any copies thereof. We, along with our third-party partners or suppliers, retain all rights, titles, and interests in the Mobile Applications (and any copies). Any attempt to transfer rights, duties, or obligations under these terms, except as expressly provided in this Terms, is void.
(b) App Store Term - If you acquire any mobile applications from a third-party app store, you acknowledge the following: (i) These terms are solely between you and us, not with the third party. (ii) Your use of these mobile applications must comply with the current terms and conditions of the third-party app store. (iii) The third party is only a provider of the app store from which you obtained the mobile applications. (iv) We, not the third party, are solely responsible for our mobile applications. (v) The third party has no obligation or liability to you regarding the mobile applications or these terms. (vi) You acknowledge and agree that the third party is a third-party beneficiary of these terms as they relate to the mobile applications.
12. SECURITY
We carry-out commercially reasonable security measures to protect your personal information. However, we cannot guarantee that unauthorized third parties will never overcome our security measures or use your personal information for improper purposes. You confirm that you provide your personal information at your own risk.
13. PROMOTIONS AND CONTESTS
Any contests or promotions presented on this Site will be governed by the rules specific to those events. You agree to review the applicable rules before participating, and if those rules conflict with these Terms, the contest or promotion rules will take precedence. By entering Site sweepstakes, contests, promotions, or requesting promotional information or product updates, you agree that Liberty Electric may use your information for marketing and promotional purposes.
14. PRODUCT INFORMATION
Most Liberty Electric products showcased on the Site are available in select Liberty Electric stores while supplies last. In certain cases, products displayed for sale on the Site may not be available in Liberty Electric stores. The prices listed on the Site are quoted in Nigeria Naira and are valid only in the Federal Republic of Nigeria.
15. LINKS TO OTHER WEBSITES AND SERVICES
Our Service may contain links to third-party materials, sites, or services that are not owned or controlled by Liberty Electric. Certain functionalities of our Service may require integration with or use of third-party services. If you choose to use a third-party service, you are subject to and agree to that third party's Terms of Service and Privacy Policy, which are made available on their services. We do not endorse or take any responsibility whatsoever for any third-party sites, information, materials, products, or services. If you access a third-party website or service from our Service or share your user content through any third-party website or service, you do so at your own risk. You understand that this Agreement and our Privacy Policy do not apply to your use of those services or sites. You expressly relieve Liberty Electric from any and all liability arising from your use of any third-party website, service, or content, including but not limited to user content submitted by other users.
16. WARRANTIES; DISCLAIMER
This site and all of its contents are provided on an 'as is' basis without any warranties of any kind, either express or implied. This includes, but is not limited to, warranties of title, non-infringement, implied warranties of merchantability, or fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from Liberty Electric or through our service will create any warranty that is not explicitly stated herein. Without limiting the foregoing, Liberty Electric and its licensors do not warrant that the content is accurate, complete, reliable, current, or correct; that our service will meet your requirements; that our service will be available at any particular time or location; that it will be uninterrupted or secure; that any defects or errors will be corrected; or that our service, any content provided within it, or our servers are free of viruses or other harmful components or materials. Any content downloaded or otherwise obtained through the use of our service is done so at your own risk. You will be solely responsible for any loss or damage (whether direct or indirect) to your computer system or mobile device that occurs as a result of any computer viruses, Trojan horses, worms, software bombs, or similar items or processes arising from your use of our services. We strive to ensure that information provided on or in connection with the service is complete, accurate, and current. However, despite our efforts, such information may occasionally be inaccurate, incomplete, or outdated. Therefore, we make no representations regarding the completeness, accuracy, or correctness of such information, including all descriptions, images, references, features, content, specifications, and services described or depicted in the service. This information is also subject to change at any time without notice. Furthermore, Liberty Electric does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our service or any hyperlinked website or service. Liberty Electric will not be a party to, nor will we monitor, any transaction between you and third-party providers of products or services.
17. INACCURACY DISCLAIMER
Periodically there may be information on the Site that contains inaccuracies, typographical errors or omissions that may relate to product descriptions or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update such information at any time without prior notice (including after you have submitted your order). Price and availability information on this site is subject to change without notice. Liberty Electric shall not be bound by any errors or omissions in posting product prices or information with respect to any products or services offered on the Site.
All materials and information presented by Liberty Electric on the Site are intended to be used for informational purposes only, without taking into consideration personal circumstances of Users, and it is not a substitute for professional advice.
We have made every effort to display, as exactly as possible, the colors of our products that appear at the Site. However, the actual colors you see will depend on your screen, we do not guarantee that your display screen of any color will be accurate.
If you are not completely satisfied with your libertyhillssystems.com purchase, you may return it with your invoice to any Liberty Electric office or by mail. Please refer to our Returns & Exchanges Policy for details.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIBERTY ELECTRIC OR ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE, COSTS OR EXPENSE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL INCLUDING LOSS OF PROFITS, SUFFERED
(a) BY THE USER OR ANY THIRD PARTY WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM LIBERTY ELECTRIC), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORIZED ACCESS TO LIBERTY ELECTRIC'S RECORDS, PROGRAMMES OR SERVICES; AND
(b) BY THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER ACCOUNT DATA, USER INFORMATION, OR OTHER USER ACCOUNT CONTENT RESIDING ON OUR SERVERS, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES;
(c) FOR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE;
(d) FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; AND/OR (E) FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.THE USER'S SOLE REMEDY IS TO CEASE USE OF THE SITES.
IN NO EVENT SHALL LIBERTY ELECTRIC, ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LIBERTY ELECTRIC HEREUNDER OR N5,000.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LIBERTY ELECTRIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Liberty Electric and its agents, licensors, managers, employees, contractors, officers, and directors from any claims, damages, costs, and expenses, including reasonable attorneys' fees, arising from or related to the following activities (whether directly performed by you or on your behalf, including by any third party using your account on the Site or any related platforms):
(a) Your use of and access to our Site, including any data or content sent or received by you;
(b) Your breach, or alleged breach, of these Terms of Use, including any representations or warranties made;
(c) Your violation of any third-party rights, including intellectual property and privacy rights;
(d) Your violation of any applicable laws, regulations, or orders from government or regulatory authorities;
(e) Any User Content or any content submitted via your account that is misleading, false, or inaccurate;
(f) Your willful misconduct; or
(g) Any other party's access and use of our Site through your username, password, or other security credentials. You will fully cooperate with Liberty Electric in the defense of any claim. Liberty Electric reserves the right to take over the exclusive defense and control of any matter for which you are required to indemnify them, and you will not settle any claim without Liberty Electric's prior written consent.
20. DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT REQUIRES YOU AND Liberty Electric TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS HOW YOU AND Liberty Electric CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES LAWSUITS IN COURT OR JURY TRIALS. YOU AND Liberty Electric AGREE THAT ARBITRATION WILL OCCUR SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL.
The parties acknowledge that the terms of this section aim to reduce the financial burdens associated with dispute resolution and are not intended to delay the adjudication of any party's claims. If you wish to opt out of the requirement for individual arbitration, follow the instructions in Section l below.
(a) Claims Applicable to this Section: The dispute resolution and binding arbitration terms apply to all claims between you and Liberty Electric. A "Claim" is any dispute, claim, or controversy (excluding exceptions listed below) between you and Liberty Electric, based on contract, tort, statute, fraud, misrepresentation, or other legal theories, arising from or related to these Terms or Liberty Electric products or services. This includes any privacy or data-security claims or questions regarding the validity or enforceability of the arbitration requirement
(b) Informal Dispute Resolution Prior to Arbitration: If you have a claim against Liberty Electric or vice versa, both parties agree to attempt to resolve the claim informally before pursuing arbitration. You and Liberty Electric will make a good-faith effort to negotiate the resolution of any claim for 60 days or a mutually agreed longer period ("Informal Resolution Period"), starting from the day either party receives a written notice of dispute (a "Claimant Notice"). You must send your Claimant Notice to Liberty Electric via mail at: Liberty Electric Liberty Hills Systems Limited Attention: Legal Department, Suite 2 Block B, Opposite Golden Garden Estate, David Ejoor Crescent, Gudu, Abuja. Liberty Electric will send any Claimant Notice to you via electronic mail. The Claimant Notice must include:
- The sender's name, address, email address, and phone number;
- A description of the nature and the grounds for the claim;
- The specific relief sought; and
- For any item in question, the item(s) purchased along with the date and location of the purchase.
The Informal Resolution Period aims to allow the party receiving a Claimant Notice to make a fair, fact-based settlement offer, if they choose to do so. After this period, either you or Liberty Electric can proceed to file a claim in arbitration. You or Liberty Electric cannot begin arbitration until the Informal Resolution Period has concluded. If either party files a claim in court or proceeds to arbitration without following the procedures outlined in Section 20, including waiting for the Informal Resolution Period to end, the other party retains the right to seek a court order to stop the filing and may pursue damages from the party that did not adhere to the requirements in this section. This includes reimbursement for any arbitration fees and costs already incurred as a direct result of that breach. Additionally, the statute of limitations and any filing fee deadlines for a claim will be paused during the Informal Resolution Period, allowing both parties to participate in this informal dispute resolution process.
(c) Claims Subject to Binding Arbitration; Exceptions, Except for individual disputes that qualify for small claims court (as long as the small claims court does not allow class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or Liberty Electric (including disputes where you or Liberty Electric seek injunctive or other equitable relief for alleged unlawful use or infringement of intellectual property rights, referred to as "IP Claims"), all other claims that are not resolved according to Section 20(b) will be settled by a neutral arbitrator through final and binding arbitration, rather than in court by a judge or jury. This includes, but is not limited to, disputes related to the interpretation or application of this arbitration provision, including its enforceability, revocability, or validity. The arbitrator shall have the authority to award any remedy or relief that would otherwise be available in court.
(d) Binding Individual Arbitration: Subject to the terms of this section, claims can only be settled through binding individual arbitration conducted by the Nigerian Institute of Chartered Arbitrators (NICArb), according to the Arbitration and Mediation Act (AMA) 2023. For claims arbitrated by the NICArb, the current version of the NICArb's Arbitration Rules and Mediation Procedures will apply, as modified by these Terms. The Rules can be found at nicarb.org or by calling 09079885933. These Terms affect interstate commerce, and the enforcement of this Section 20 will be governed by the AMA to the extent permitted by law. As permitted by the AMA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any claim and to grant any remedy that would be available in court, including the authority to determine arbitrability. To the fullest extent allowed by applicable law, the arbitrator may award only legal or equitable remedies that are individual to you or Liberty Electric in relation to the claims supported by credible evidence.
(e) Public Injunctive Relief: If you prevail on a claim and seek public injunctive relief (defined as relief aimed primarily at prohibiting harmful conduct to the general public), such relief must be dealt with in a civil court of competent jurisdiction and not in arbitration. The parties agree that the litigation of any public injunctive relief issues will be stayed pending the outcome of any individual claims in arbitration.
(f) Claims Covered by This Section: You or Liberty Electric may initiate arbitration for any claim that has not been resolved during the Informal Resolution Period and is not excluded under Section 20(c) which shall be done by filing a demand for arbitration with the NICArb in accordance with the Rules. Instructions for filing a demand for arbitration can be found on the NICArb website. You must send a copy of your demand for arbitration to Liberty Electric via overnight mail at the following address: Liberty Electric via mail at: Liberty Electric, Liberty Hills Systems Limited Attention: Legal Department Suite 2 Block B, Opposite Golden Garden Estate, David Ejoor Crescent, Gudu, Abuja, Federal Capital Territory. Liberty Electric will send you any demand for arbitration by mail using the contact information you provided. The arbitration will be conducted by a single arbitrator in English. Both you and Liberty Electric agree that the arbitrator will be bound by these Terms.
- If the claimant seeks less than N1,000,000, the arbitrator will decide the matter solely based on written submissions without a formal hearing unless the arbitrator decides that a formal hearing is necessary.
- For claims of N1,000,000 or more, or for smaller claims where a hearing is deemed necessary, hearings will typically be conducted via video or telephone, unless the arbitrator requires an in-person hearing. If an in-person hearing is needed and you reside in Nigeria, it will be held in Abuja, Federal Capital Territory, unless you are classified as a Consumer and the arbitrator finds that this location would pose a hardship for you. In that case, the in-person hearing may take place in your state and county of residence. If you live outside Nigeria, the location for any in-person hearing will be determined by the applicable Rules.
The arbitrator, not a judge, will resolve all Claims through arbitration. Unless you and Liberty Electric agree otherwise, any decision or award provided by the arbitrator will include a written statement outlining the decision for each Claim, along with the basis for the award. This statement will detail the arbitrator's key factual and legal findings and conclusions. Please note that an arbitration award, as well as any judgment confirming it, is specific to that particular case and cannot be used or cited as precedent in any other case, except for the purpose of enforcing the award itself, unless both parties agree to this before the award is issued. Any arbitration decision or award can be enforced as a final judgment by a competent court, or, if applicable, you may apply to such a court for judicial confirmation of any award and an enforcement order.
(g) Arbitration Fees: Each party will be responsible for their arbitration fees under the applicable Rules and these Terms.
(h) Frivolous or Improper Claims: To the extent permitted by applicable law, a claimant must pay all costs incurred by the responding party, including attorney fees, if an arbitrator determines that (i) the claim was frivolous or (ii) the claim was filed for any improper purpose, such as harassment, causing unnecessary delays, or needlessly increasing dispute resolution costs.
(i) Confidentiality: If you or Liberty Electric serve a Claimant Notice or submit a claim to arbitration, both parties agree to cooperate in seeking protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that may be exchanged or become part of the discovery process. This protection should be sought before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery.
(j) One Year to Assert Claims: To the extent permitted by law, any claim by you or Liberty Electric must be filed within one year after it arises; otherwise, the claim will be permanently barred, meaning you or Liberty Electric will no longer have the right to assert that claim.
(k) Mass Arbitrations: If a party receives 25 or more Claimant Notices that raise similar claims and are coordinated by the same counsel, these will be considered "Mass Arbitrations." They will be treated according to the NICArb's Mass Arbitration Supplementary Rules, as applicable. Either you or Liberty Electric may notify the other party if you believe the claims constitute Mass Arbitrations, with disputes over definitions decided by the arbitration provider as an administrative matter. If either party is asserting the same claim as others represented by common or coordinated counsel, that party waives any objection to the impracticality of joining all such persons. The following procedures are intended to supplement the NICArb's Mass Arbitration Supplementary Rules, and to the extent there is a conflict, these procedures will take precedence. Mass Arbitrations may only be filed as permitted by the outlined process. The applicable statutes of limitations will be tolled for claims asserted in Mass Arbitrations from the time a compliant Claimant Notice is received until the terms allow such Mass Arbitration to be filed in arbitration or court.
(l) Opting Out of Arbitration: You have the right to opt out of binding arbitration within 30 days from the date you first accepted these Terms. To do this, you must send a notice by mail to LIBERTY HILLS STSTEMS LTD, Attention: Legal Department, Suite 2 Block B, Opposite Golden Garden Estate, David Ejoor Crescent, Gudu District, Abuja, Nigeria. For your opt-out notice to be effective, it must be received within the 30-day period and include your full name, mailing address, and email address. Additionally, the notice must clearly state your intent to opt out of binding arbitration. By opting out, you agree to resolve disputes according to Section 21 below.
(m) Rejection of Future Arbitration Changes. You may reject any changes we make to Section 20 (excluding address changes) by notifying us within 30 days of the change through mail addressed to LIBERTY HILLS STSTEMS LTD, Attention: Legal Department, Suite 2 Block B, Opposite Golden Garden Estate, David Ejoor Crescent, Gudu District, Abuja, Nigeria. To be effective, your rejection must be received within the 30-day period and must include your full name, mailing address, and email address. It must also clearly indicate your intent to reject changes. You can only reject changes to Section 20 as a whole; individual changes cannot be rejected. If you reject the changes, the most recent version of Section 20 that you did not reject will continue to apply.
(n) Severability. If any part of this Section 20 is found to be unenforceable or unlawful for any reason, including but not limited to being deemed unconscionable: (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) the severance will not affect the remaining parts of this Section 20 or the parties' ability to compel arbitration for any remaining claims on an individual basis under this section; and (iii) any claims that must proceed on a class, collective, consolidated, or representative basis will be litigated in a civil court of competent jurisdiction, according to these Terms, rather than in arbitration. The litigation of these claims will be paused until the outcome of any individual claims in arbitration. Additionally, if any part of this Section 20 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief can be sought outside of arbitration, and the rest of this Section 20 will remain enforceable.
21. GOVERNING LAW & VENUE
These Terms, as well as any Claim, will be governed by and construed in accordance with the laws of the Federal Capital Territory, except where pre-empted by Nigeria federal law. This will occur without regard to conflict of law rules or principles (whether of FCT or any other jurisdiction) that may result in the application of the laws of any other jurisdiction. Any Claim that is not subject to arbitration or that cannot be addressed in small claims court will be resolved exclusively in the state or federal courts located in Abuja, Federal Capital Territory. You and Liberty Electric waive any objections regarding the venue in such courts.
22. CHANGE IN TERMS
Liberty Electric may change these Terms from time to time. If changes are made, you will be notified via email, through a notice on our website, or by updating the date at the top of these Terms. Unless stated otherwise in the notice, the revised Terms will take effect immediately. Unless material changes are made to the arbitration provision under Section 20, you agree that modifications to these Terms do not provide a new right to opt out of arbitration.
23. ENTIRE AGREEMENT/SEVERABILITY
These Terms, along with any amendments and any additional agreements you enter into with us regarding our Site, constitute the entire agreement between you and us concerning our Site. No employee or representative of Liberty Electric is authorized to modify or add to these Terms. Any statements or comments exchanged between you and our employees or representatives are expressly excluded from these Terms and will not apply to you or us in connection with your use of our Site.
24. NO WAIVER
No waiver of any term of these Terms shall be considered a further or continuing waiver of that term or any other term. Liberty Electric's failure to assert any right or provision under these Terms does not constitute a waiver of that right or provision.
25. TRADEMARKS
Liberty Electric is a registered trademark, service mark, and/or trade name of Liberty Hills Systems Limited. All other trademarks, service marks, and trade names mentioned on the Site belong to their respective owners. Liberty Electric disclaims any proprietary interest in trademarks, service marks, and trade names other than its own. No use of these marks may be made without prior written authorization from Liberty Hills Systems Limited, except as necessary to accurately identify the products or services of Liberty Electric.
27. MISCELLANEOUS
Unless stated otherwise, if any provision or part of a provision of these Terms, other than Section 20, is found to be unlawful, void, or unenforceable, that provision or part will be severed from these Terms without affecting the validity and enforceability of the remaining provisions. The section titles in these Terms are for convenience only and have no legal or contractual effect. References to "including" will be interpreted to mean "including without limitation." These Terms are intended solely for the benefit of the parties involved and are not intended to confer any rights upon any third party. You agree that communications and transactions with Liberty Electric may be conducted electronically.
28. CONTACT US
To reach our customer service team, please click support@libertyhillssystems.com
Alternatively, you can contact us at:
Liberty Hills Systems Limited
Suite 2 Block B, Opposite Golden Garden Estate,
Adisa Estate, David Ejoor Crescent, Gudu District,
Abuja, Nigeria.
These Terms of Use were last updated on September 20, 2025
