Limitations on PWAN liability.

Neither PWAN Real Estate nor any other Members of the PWAN Network shall be liable for any direct or indirect lost profits or lost business damage, special, indirect, consequential, exemplary or incidental damages, including lost data, personal injury or property damage related to or arising out of the online services or out of the acts or omissions of Members of the PWAN System whether arising out of contract, tort or ordinary negligence. Nothing in this section is intended to limit PWAN liability for damages to the extent caused by PWAN own gross negligence or intentional or unlawful misconduct. Additionally, nothing in this section is intended to limit or alter your rights as a consumer that cannot be limited or altered under applicable law. Vikkystar Global Assets Limited – PWAN Real Estate reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.

PWAN provides the online services “AS-IS” and without any warranties. 

The online services may include inaccuracies or errors. PWAN provides the online services “as is” and without warranties of any kind either expressed or implied. Vikkystar Global Assets Limited disclaims all warranties of merchantability and fitness or a particular purpose. PWAN does not warrant or make any representation that the online services will be accurate, reliable, uninterrupted or error-free, that defects will be corrected, or that the online services are free of viruses or other harmful components. You assume total responsibility related to your use of the online services. Your sole remedy against PWAN Real Estate and all other Members of the PWAN Affiliate dissatisfaction with the online services is to stop using them. This limitation of relief is a part of the bargain between the parties. These warranty exclusions may not apply to you to the extent that applicable law does not allow the exclusion of implied warranties.

Third party services. 

The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Pwan.com.ng does not endorse and is not associated with any of these third-party services. Neither PWAN Real Estate nor any other Members of the PWAN Affiliate have any responsibility arising from or related to these third-party services.

The online services contain Google Maps features and content that are subject to the Google’s terms of service and Google’s privacy policy.

We may permit you to login to the online services using an account from a third party service such as Apple ID, Google+ or other social networking platforms in place of creating a new account specifically for the Online Services. PWAN has no control over, makes no representations or warranties whatsoever about any of the third party services that you may access, is not responsible for the availability of such third party services, and does not endorse nor is responsible or liable for any content or other materials on or available from such third party services. Your use of the third-party services may be subject to additional terms, including software license terms, from those third parties.

Events beyond our control.

Neither PWAN nor any other Other of the PWAN Business have any responsibility for PWAN Real Estate failure to perform any of its obligations under these terms cause by or related to any event beyond PWAN reasonable control. If such an event occurs, then PWAN obligations under these terms will be suspended for the duration of the event; and PWAN may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

How we settle disputes. 

You agree that:

1. any claim or dispute (whether in contract, tort, or otherwise) that PWAN Real Estate or any Member of the PWAN Network System may have with you, or that you may have with PWAN or any Member of the PWAN Affiliate System, arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration administered by the Nigerian Arbitration Association (“NAA”) and conducted before a single arbitrator using the NAA’s Real Estate Arbitration Rules and, if applicable, its Mass Arbitration Supplementary Rules (“rules and procedures”); 
2. this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16;
3. prior to you or PWAN initiating arbitration by filing a Demand for Arbitration with the NAA, you and PWAN will engage in the informal dispute resolution process outlined in this paragraph. First, the party interested in pursuing a dispute related to the online services must give written notice to the other party of the party’s intent to initiate an informal dispute resolution conference (the “Notice”). The Notice shall contain: (1) the initiating party’s name; (2) the initiating party’s mailing address, email address, and phone number; (3) a description of the nature of and basis for the dispute; and (4) the specific relief sought. If you are the initiating party, the Notice must be sent via e-mail to contact@pwan.com.ng. Second, within 60 days of the non-initiating party’s receipt of the Notice, or at a later date if you and PWAN Real Estate mutually agree to enlarge the 60-day period, the parties shall make a good-faith attempt to resolve their dispute by participating in a live telephone call or videoconference.  If you are represented by counsel, your attorney(s) may participate in the dispute resolution conference, but you must be present and must participate in the conference as well.  Engaging in this informal dispute resolution process is a prerequisite to commencing arbitration.  Any applicable statute of limitations period and all arbitration filing fee deadlines shall be tolled from the date that a fully complete Notice is received by the other party to and including the date the dispute resolution conference is held;
4. if, during the informal dispute resolution process described in subpart 3 above, PWAN makes a written offer to resolve the parties’ dispute pursuant to which PWAN Info will provide all the relief sought in your Notice, including paying you the full amount of your alleged damages set forth therein, you understand that an Arbitrator will have the right to award arbitration fees against you should the Arbitrator decide that you were unreasonable in continuing to pursue the matter despite PWAN offer;
5. if, following the informal dispute resolution process described in subpart 3 above, either you or PWAN decides to file a Demand for Arbitration with the NAA, the demand must include: (1) the name and contact information of the party initiating arbitration; (2) the legal claims being asserted; (3) a detailed explanation of the factual basis for those claims; and (4) a detailed explanation of both the nature and the amount of the relief sought.  Filing a demand that does not include the above information may result in the rejection of your Demand for Arbitration;
6. the arbitration shall be held at a location determined by the NAA under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and PWAN or other Members of the PWAN Info System; 
7. the arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services;
8. the arbitrator shall apply state law consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
9. no claims shall be arbitrated on a class or representative basis as you and PWAN hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and PWAN Real Estate; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and PWAN under this provision;
10. you and PWAN empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable;
11. in the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed #125K NGN, PWAN agrees to pay any such administrative, arbitrator and filing fees exceeding #125K on your behalf, subject to ultimate allocation by the arbitrator. If you can demonstrate that the cost of initiating your claims in a court of law would be less than #125, PWAN will pay the portion of the administrative, arbitrator and filing fees that exceed the demonstrated cost of initiating your claims in court.  In addition, if you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, PWAN will pay as much of your fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; 
12. if more than 1,000 arbitration demands are filed against PWAN relating to substantially the same business decision or underlying facts by individuals who followed the procedures set forth in subsections 3 and 5 above and are represented by the same counsel or coordinated counsel, and if no substantive ruling has been made in an arbitration between you and PWAN relating to that decision or those facts, then both you and PWAN have the unilateral right to opt out of this arbitration provision and have your dispute heard in state court in Nigeria by sending a written notice to the other party; and
13. with the exception of subparts 9 and 12 above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained herein. If, however, either or both of subparts 9 and 12 above are found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Vikkystar Global Assets Limited – PWAN Real Estate nor you shall be entitled to arbitrate their dispute. In such event, you agree to bring any and all claims arising out of or related to these terms or the online services in either the state courts. If litigation ensues for any reason, both you and PWAN agree to waive any right to a trial by jury. Further, notwithstanding any other language in this arbitration provision, neither you nor PWAN shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. Finally, this arbitration provision is reciprocally binding on all parties, such that both you, PWAN and Vikkystar Global Assets Limited are required to arbitrate their claims against one another. For more information on the NAA and its rules and procedures.