Terms & Conditions

SALES

1. Interpretation

“We“, “us” and “our” mean MakeWay Consulting Limited and MakeWay Publishing Limited.

“You” and “your” mean the person using a Website under these Terms.

“Goods” means the good(s) (including but not limited to books in printed form) you have ordered from us using a Website and “Services” means the service(s) you have ordered from us using a Website (including but not limited to ebooks), together, the “Products”.

“Privacy Notice” means this Privacy Notice which applies to all instances of our collection and/or use of your personal data through this website.

“Prohibited Content” means the content set out in the Acceptable Use Policy contained within clause 5 of the Conditions of Use.

“Terms” means these Conditions of Use of the Websites and all other documents referred to in them.

“Sales Terms” means the Shipping and Returns policy which apply to all transactions made using this Website.

“Working days” means all days other than Saturdays, Sundays, and Public Holidays.

2. These Sales Terms

By placing any order for Goods and/or Services on the Websites you agree to be bound by the most current version of the Sales Terms as may be updated from time to time.  Both the Terms and the Sales Terms will apply to any transaction in relation to any Product.

3. Updates to the Terms

These Sales Terms may be changed at any time by us. If we make any changes to the Sales Terms we will include a notice at this website and you should then check the changes. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration.

4. Formation of contract

4.1.    All orders for Products are offers by you to purchase and accepted only when you receive a confirmation email from us to the effect that your order has been processed and your Products have been dispatched. This will form a contract, which incorporates these terms and conditions, between you and us (“Contract”).

4.2.    Where the use of the Products is stated to be subject to any instructions or warnings, they are supplied on the condition that such instructions or warnings will be strictly adhered to.

5. Prices

5.1.    All prices for the Products are inclusive of taxes but exclusive of delivery charges.

5.2.    The price of an item is the price on the day of your order. We try to ensure that all prices on display on the Websites are accurate but the price on your order will need to be validated by us prior to processing your order. Where a Product’s correct price is higher than the price stated on your order we will contact you to let you know the correct price and give you the opportunity of reconfirming your order or cancelling before we dispatch the Products.

5.3.    All Products are subject to availability. Where stock has run out or Products cannot for some reason be dispatched, we will contact you by email to inform you of this and give you a likely delivery date for within 14 days. If it is not possible to deliver within 14 days, we will not accept that part of your order. Where these Products are part of a larger order, we will process and dispatch the available Products to you in the normal manner in accordance with these Sales Terms.

6. Payment

6.1.    Payment authorisation must be provided by you on the date that you place an order for Products.

6.2.    Payment must be made by credit/debit card. We accept payment by Paypal, Paystack and Visa, MasterCard, Switch, Maestro, Delta. Payment will be debited from your account before despatch of the Products to you.

6.3.    Upon receiving your order we will carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds in order to fulfil the transaction. No payment is debited from your card during this pre-authorisation check.

6.4.    On some occasions, we are required by the card issuer to perform additional security checks on the payment card, which can delay the order until the card has been authorised.

6.5.    You confirm that the credit/debit card that is being used is yours.

6.6.    All product prices and delivery charges are shown in the relevant currency. Your payment card company will perform any currency conversion, if necessary.

7. Privacy

We will only use the personal details supplied by you in accordance with our Privacy Policy which can be found on this Website. 

8. Delivery of Goods

8.1.    We can deliver to any address in the United Kingdom, Nigeria and the United States of America.

8.2.    There will be a charge for delivery, unless stated otherwise.

8.3.    All delivery times are estimates only and, while we will endeavour to avoid delay, we will not be liable to you for any loss or damage arising from delay in delivery.

8.4.    We may deliver the Goods by instalments. Delivery charges will be those set out at the time you placed your order.

8.5.    If we are unable to perform the whole or part of these Sales Terms due to any cause or event beyond our reasonable control we may, at our option, by notice in writing to you, cancel or suspend these Sales Terms in whole or in part without liability and without prejudice to our rights to receive payment of the price for all Goods previously delivered.

8.6.    If you receive the wrong goods or Goods are damaged in transit, you must contact us within 28 calendar days via the My Account section and confirm to us what has happened. Please refer to the terms and conditions of our Cancellation and Returns policy which can be found on this Website.

9. Delivery of Services

9.1.    Services will be delivered to your account.  You will receive an email notifying you once the Services have been sent to your account, following which you may access the Services you have purchased through the My Account section of this Website.

9.2.    If we are unable to perform the whole or part of these Sales Terms due to any cause or event beyond our reasonable control we may, at our option, by notice in writing to you, cancel or suspend these Sales Terms in whole or in part without liability and without prejudice to our rights to receive payment of the price for all Services previously delivered.

9.3.    If any of the Services delivered to your account are faulty you must contact us within 28 calendar days via the My Account section and confirm to us what has happened. Please refer to the terms and conditions of our Cancellation and Returns policy which can be found on this Website. 

10. Orders of Products to and from Overseas

10.1.    There may be a territorial restriction on our ability to deliver Products and we will inform you accordingly. It is your responsibility to provide us with a full and accurate delivery address (including country).

10.2.    The provisions of clauses 8 above apply also to overseas sales of Goods (but not Services).

10.3.    When ordering Goods for delivery overseas you may be subject to import duties and taxes, which are levied once the Goods reach the specified destination. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

10.4.    When ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Goods. You are responsible for notifying your local customs office of your purchase.  Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities. 

11. Risk/Title

11.1.    The Products are at your risk from the time of delivery.

11.2.    Ownership of the Products does not pass to you until we have received in full (cash or cleared funds) all sums due in respect of:

11.2.1.    the Products; and

11.2.2.    all other sums which are or become due to the us from you on any account. 

12. Security

We take your online privacy seriously. However, although we use appropriate encrypted security software on our Websites, the security of any payments transmitted and processed via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of e-mail or other internet link will be borne solely and exclusively by you.

13. Representations and Warranties

Our employees and agents are not authorised to make any representations or give any warranty concerning the Products unless these are confirmed in writing by us. In entering into the Contract you acknowledge that you do not rely on and waive any claim for any breach of any representation or warranty which is not so confirmed.

14. Limitations of liability

14.1.    Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law.

14.2.    We are providing the Websites on an “AS IS, AS AVAILABLE” basis to users. You use the Websites at your own risk.

14.3.    Subject to 13.1 above, we will not be liable to you for any loss or damage in circumstances where or to the extent that:

14.3.1.    neither we nor our employees or agents are in breach of a legal duty owed to you;

14.3.2.    such loss or damage is not a reasonably foreseeable result of any such breach; or

14.3.3.    any increase in loss or damage results from a breach by you of any of these Terms.

14.4.    Except as expressly provided in these Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.

14.5.    Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with these Terms or your use of the Websites generally.

14.6.    We further do not warrant that the Websites or the products and materials contained on such Websites are error free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes. 

15. Indemnity

You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Sales Terms by you or your authorised users, or in connection with the use of the Websites or the Internet or the placement or transmission of any message or information on the Websites by you or your authorised users.

16. General

16.1.    From time to time we may make special offers available to you. These are available for limited periods only.

16.2.    Our failure to insist upon the strict performance of any of your obligations under the Sales Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.

16.3.    If any provision of the Sales Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.

16.4.    All notices will be in writing and maybe served by either party on the other by hand or by first class pre paid post. The address for service, in the case of a notice from you to us, is specified at the bottom of this page and, in the case of a notice from us to you, will be the address stated on your order.

16.5.    Nothing in these Sales Terms which form the agreement between you and us will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

16.6.    The Websites may provide links to the websites and services of third parties.  Such links are provided for your convenience only, and their provision does not constitute or imply control of or an endorsement of the content of such third party websites by us. You acknowledge that the use of such third party websites is governed by the terms and conditions of use as applicable to such websites.

16.7.    These Sales Terms are governed by and construed in accordance with English and Nigerian law and the parties will submit to the exclusive jurisdiction of the English and Nigerian courts.

16.8.    Neither we nor our affiliates make any representation that materials on the Websites are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access the Websites from other locations do so under their own initiative and are responsible for compliance with local laws.

17. Comments on how we may improve our service to you

We aim to provide outstanding customer service. If you have any comments about the service you have received from us, please email us at connect@makewaybooks.com, publishing@makeway.biz, or printing@makeway.biz. 

CANCELLATION & RETURNS

This returns policy applies consumer (i.e. non-business customer) purchases only and does not affect your statutory rights: 

Cancellation and return of Goods

1. You may cancel your order for Goods before delivery or within 14 calendar days after the date of delivery if the delivery address is in the United Kingdom or within 21 calendar days after the date of delivery if the delivery address is outside the United Kingdom.  Please cancel by using the order enquiry form in the My Accounts section.
2. We will credit your payment card with the cost of the unwanted Goods and our delivery charges within 45 days of the date of your cancellation.
3. Please return the unwanted Goods with the original packaging within 14 days of cancellation.  You are required to take reasonable care of the goods while in your possession.
4. Returned Goods will be delivered to us at your cost, unless the Goods are defective or damaged or if we have delivered them to you in error. We will be entitled to deduct the cost of recovering the Goods if you fail to return them following cancellation.
5. If Goods are defective or damaged, please contact us via the order enquiries form on the My Account page. We reserve the right to check if items are damaged or defective before agreeing to reimbursement and ask for proof of damage or defect. We will refund you the cost of damaged or defective goods, our delivery charges and your reasonable return charges.
6. Refunds will be credited to your payment card and will not be paid in cash.

Cancellation and return of Services (including eBooks)

1. If Services are defective, please contact us via the order enquiries form on the My Account page. We reserve the right to check if the Services are defective before agreeing to reimbursement and to ask for proof of defect. We may refund you the cost of defective Services at our sole discretion.
2. Refunds will be credited to your payment card and will not be paid in cash. 

PRIVACY NOTICE 

1. Interpretation

“We“, “us” and “our” mean MakeWay Consulting Limited and MakeWay Publishing Limited.

“You” and “your” mean the person using a Website under these Terms.

“Goods” means the good(s) (including but not limited to books in printed form) you have ordered from us using a Website and “Services” means the service(s) you have ordered from us using a Website (including but not limited to ebooks), together, the “Products”.

“Privacy Notice” means this Privacy Notice which applies to all instances of our collection and/or use of your personal data through this website.

“Prohibited Content” means the content set out in the Acceptable Use Policy contained within clause 5 of the Conditions of Use.

“Terms” means these Conditions of Use of the Websites and all other documents referred to in them.

“Sales Terms” means the Shipping and Returns policy which apply to all transactions made using this Website.

“Working days” means all days other than Saturdays, Sundays, and Public Holidays.

2. This Privacy Notice

This Privacy Notice, together with the Terms and Sales Terms (as applicable), sets out the basis on which any personal data we collect from you via any of the Websites, or that you provide to us via any of the Websites, will be processed by us. Please read this privacy policy carefully.  By visiting any of these Websites you are accepting the terms of this privacy policy.

MakeWay Books, MakeWay Publishing and getKOLA take your online privacy seriously. You may visit this site anonymously as often as you like without providing any personally identifying information (such as your name, address or email address). We do not collect personally identifying information from you except when you specifically provide it, and we protect the information we receive. With your consent we may gather personal information from you through Website sales, surveys, competitions and newsletters. We do not generally link your name to cookies unless you specifically provide your name to us as part of surveys, competitions and newsletters, and we do not share it with third parties which are not affiliated with MakeWay Books without obtaining your consent first. Please read below for a further explanation of the information we gather and how we use it.

3. Collection of data and how information we hold about you can be used

As you explore our Websites, you will come across places in which we ask you to provide us with information about yourself. We explain each of these below. We will not use your name or email address for any purpose other than as stated.

Services Requiring Account Registration

3.1.    We require that you register an account with us prior to using certain services provided through this Website. These services include Product purchase functions and all bulletin boards, forums or comment or review functions.

3.2.    Should you wish MakeWay Books to cease using your data provided during account registration or use, please remove your details from the My Account section of the Website. Please be aware that by doing this you will not be able to take advantage of many of our features. Should you discover any inaccuracies in your personal information, please update your details in the My Account section. We will then correct our records.

3.3.    When registering, we will require personal information from you such as your name, billing address, email address, contact telephone number and payment card information for the purpose of processing and fulfilling your sales order. This information will not be shared with other companies except as in accordance with this Privacy Notice.

3.3.1.    We will collect, hold and process that information including passing such elements of this information on to third parties, who may be within the MakeWay Group or an agent acting on our behalf, as is necessary for processing your sales order, use of other functions or account management purposes.

3.3.2.    We will require that any third party must process your personal information in accordance with this Privacy Notice.

3.3.3.    We will retain information relating to your sales history so that you can check your own order history in the My Account section and for the purpose of marketing research.

3.3.4.    By registering with us, you are agreeing that MakeWay Books may use the information you provide to us and information about your account for marketing purposes. This will include sending you marketing by email if you have indicated in the My Account section that you wish to receive email marketing from us.

3.3.5.    We may use the information that you provide to contact you in relation to any content that you post using a bulletin board, forum or comment or review function in the event of a query or dispute. 

Email Newsletter

3.4.    In order to receive the email newsletter we require you to provide an email address to which the newsletter will be sent.  We may also use this email address for marketing purposes. This will include sending you marketing by email if you have indicated that you wish to receive email marketing from us. We will not pass information provided for the purposes of receiving the newsletter to third parties unless necessary for providing the newsletter.

3.5.    All of our email newsletters include instructions on how to unsubscribe. Please follow these instructions to remove yourself from our individual lists. 

Competitions and Surveys

3.6.    We may ask for your email address and your name (along with a competition answer), so that we can contact you in the event that you win a competition. If you decide to participate, we will not use your name or email address for any purpose other than as stated in the applicable competition terms.

3.7.    On occasion, we seek to gather a broader profile of some of the visitors to sections of this site (e.g. through surveys or competitions). The information that we request, may be provided to our editorial, marketing or publicity departments and our content providers, such as authors, advertisers or other publishers, to provide them with demographic information about the visitors to our site and this will be stated prior to your participation in any survey or competition to which it applies. 

Email and Feedback

3.8.    In some places in this site, we ask for your feedback, opinion or suggestions, and provide you with a link for emailing us your response. We will only use the email address we receive from you for the purpose of responding to your questions or suggestions. 

Use of User Generated Content Functions

3.9.    You should be aware that if you disclose personal information in content that you provide for bulletin boards, forums or comment or review functions that information can be collected and used by others and may result in unsolicited messages from third parties. When using these functions, you should remember that you are legally liable for the material you post, including for libel, copyright infringement and any other liability (please see the Acceptable Use Policy in the Conditions of Use).

4. Storage and Disclosure of Personal Data

We will retain the data we hold concerning you for as long as it is necessary to do so. We will retain and/or disclose your personal data to authorised authorities without your consent where we are required to do so under the law. 

5.    Cookies

Cookies are electronic tags that most websites place on your computer in the process of sending your computer a file, such as a web page. We use them as well. A cookie can tell us when a computer that has previously visited our site returns, and what pages it requests on each of its visits. Cookies help us keep track of how our visitors (or more accurately, their computers) use our site, including such things as the type of browser they use, the frequency of their visits and the pages that are most popular. They can help smooth your travel through our site by keeping track of information that has already been provided by your computer so that you do not need to re-enter it. In no event does the cookie we place on your computer tell us anything about your visits to other websites (except those you enter through a link on our site), or your use of the internet in any other way. If you would still prefer not to receive any cookies, most browsers can be set to refuse cookies or to alert you when one is being sent. However, some portions of this site may not function properly if the cookies are disabled.

6. Links to other sites

Our site contains links to other sites that are not under our control, even though they may use the MakeWay Books or logo on their site through an agreement with us. Such other sites do not necessarily follow our Privacy Notice, and may place their own cookies on your computer. This practice is standard on the Web. We do not control cookies placed on your computer by third parties whose advertising or links appear on our site.

7. Security of private information

We would like to be able to tell you that the personal information you provide us with is absolutely safe. Unfortunately, several well-publicised instances of computer security breaches make it impossible for anyone to be so confident. However we take reasonable steps to protect the information you provide us from theft, alteration or unauthorised inspection. 

8. Parents and guardians

We encourage you to get involved with your children’s online usage and to be aware of the activities in which they are participating. We also ask you to check back here regularly to see what our latest policies are, particularly those relating to children. You should be aware that if your children voluntarily disclose their names, email addresses or other information on bulletin boards, forums, comment or review or other participatory areas of websites, such disclosures may result in unsolicited messages from other parties. We suggest that you discourage your child from providing such information on these Websites or elsewhere unless you are confident that the information will not be misused. 

CONDITIONS OF USE

1. Interpretation

“We“, “us” and “our” mean MakeWay Consulting Limited and MakeWay Publishing Limited.

“You” and “your” mean the person using a Website under these Terms.

“Goods” means the good(s) (including but not limited to books in printed form) you have ordered from us using a Website and “Services” means the service(s) you have ordered from us using a Website (including but not limited to eBooks), together, the “Products”.

“Privacy Notice” means this Privacy Notice which applies to all instances of our collection and/or use of your personal data through this website.

“Prohibited Content” means the content set out in the Acceptable Use Policy contained within clause 5 of the Conditions of Use.

“Terms” means these Conditions of Use of the Websites and all other documents referred to in them.

“Sales Terms” means the Shipping and Returns policy which apply to all transactions made using this Website.

“Working days” means all days other than Saturdays, Sundays, and Public Holidays.

2. Your Access to the Websites

By accessing or using any of the Websites, you agree that you have read and understood to the Terms and that you agree to them. Your continued access to and/or use of any of the Websites will mean that you agree to be bound by the most current version of the Terms as may be updated from time to time.

3. Updates to the Terms

These Terms may be changed at any time by us. If we make any changes to the Terms we will include a notice at this Website and you should then check the changes. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration.

4. Changes to the Websites

You acknowledge and accept that we may from time to time alter any aspect of the Websites, or any of the Products provided through the Websites, as we think fit and without notice to you. 

5. Acceptable Use Policy

5.1.    It is a condition of use of the Websites that you will not post any Prohibited Content on any bulletin board, forum or comment or review section of any Website as set out below. Prohibited Content includes (but is not limited to):

5.1.1.    falsehoods or misrepresentations that could damage us or any third party;

5.1.2.    content or links to websites that are unlawful, obscene, indecent, profane, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, in breach of privacy or confidence or encourage such conduct and/or that would be considered a criminal offence, give rise to breach of contract, break any law, or are otherwise inappropriate;

5.1.3.    any illegal or unauthorised copy of work protected by a third party’s copyright, including but not limited to providing pirated computer programmes or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files, or any encouragement to do so;

5.1.4.    material that is otherwise subject to third party rights unless you have the relevant permission to use such material and publish it on the Websites;

5.1.5.    impersonation of another person;

5.1.6.    advertisements or solicitations of business; or

5.1.7.    personal information about another person and/or attempts to solicit personal information from anyone.

5.2.    Any content which includes any of the content set out at clause 4.1 is Prohibited Content. We may, in our absolute discretion, deem any other Content not listed in clause 4.1 to be Prohibited Content.

5.3.    We reserve the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of the Acceptable Use Policy, and in particular, provides Prohibited Content. Such action includes, but is not limited to, reporting the Prohibited Content and your details to the appropriate law enforcement agencies and removing the Prohibited Content from our Websites.

5.4.    We reserve the right to suspend your account or terminate your access to the Websites, if you are, in our absolute discretion, deemed to be a repeat infringer of the Acceptable Use Policy.

5.5.    If you believe that any posting or review displayed on our Websites contains Prohibited Content, please notify us immediately by contacting us at connect@makewaybooks.com, publishing@makeway.biz, or printing@makeway.biz. We will consider your notification and if we consider it to be appropriate we will take all reasonable steps to remove the Prohibited Content complained about within a reasonable time.

6. Downtime

6.1.    You acknowledge and accept that computer and telecommunication systems are not fault-free and may from time to time require periods of downtime (being periods during which a Website is not available to you) for the purposes of repair, maintenance and upgrading or otherwise.

6.2.    We do not guarantee uninterrupted availability of the Websites, but shall make reasonable efforts to minimise any periods during which a Website is not available. You accept that you will have no claim for breach of contract or otherwise in respect of any such period of unavailability.

7. Hypertext links

7.1.    The Websites may incorporate links to other websites of third parties. Such links are provided for your convenience only, and their provision does not constitute an authorisation by us to you to access such third party websites, nor an endorsement of the content of such third party sites by us.

7.2.    You acknowledge and accept that we are not, and will not be held responsible for any damages, loss, costs or expenses arising from the use of such third party websites or products or services available through such third party websites.

8. Security

We take your online privacy seriously. However, although we use appropriate encrypted security software on our Websites, the security of information transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet link will be borne solely and exclusively by you.

9. Additional rules

The Websites may contain various bulletin boards, competitions and other features that are each governed by additional rules. Please read those rules, posted or linked at each feature before participating in them, as they form part of these Terms to which you agree through your continued use of this site.

10. Use of the Websites

10.1.    You must use the Websites for lawful purposes only.

10.2.    You must comply at all times with the Acceptable Use Policy set out in clause 5 of the Conditions of Use policy.

10.3.    You must not send for display on the Websites any material that is unlawful including but not limited to material which is defamatory, obscene, indecent, menacing, in breach of privacy or confidence, infringes copyright or trademark rights.

10.4.    You must not send material containing software viruses or otherwise use a Website in any way that interrupts access to it.

11. Your Account

11.1.    In order to purchase Products from us or use any board, forum or comment or review section of any Website you need to register your details with us. On registration, you must provide us with accurate and complete registration information as indicated on the registration screen and it is your responsibility to inform us of any changes to that information (to your email address in particular) by updating your details in the My Account section.

11.2.    On first registration you will choose a user name and password (ID). None of our employees or agents will ever ask you for this password. Do not disclose this password to anyone under any circumstances whatsoever.

11.3.    You are responsible for all use of your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information you must notify us immediately by contacting us at connect@makewaybooks.com, publishing@makeway.biz, or printing@makeway.biz.

11.4.    Your registration does not in itself entitle you to purchase Products from us or use any board, forum or comment or review section of any Website and we are not obliged to accept any or all orders that you place with us, nor are we obliged to use any content that you provide to us.

12. Privacy

We will only use personal details supplied by you in accordance with our Privacy Policy which can be found on this Website.

13. Intellectual property rights

13.1.    This site contains material that is owned or licensed by MakeWay Books. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material on this site, including computer code and software.

13.2.    All brand names, product names and titles used in the Websites are trade names, and in some instances trademarks, of their respective holders. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders’ rights.

13.3.    By posting messages, sending emails, inputting data, answering questions, uploading data or files or otherwise communicating with us through the Websites (each a “Communication”), you are granting us a perpetual, non-exclusive, royalty free, unrestricted worldwide licence to use, display, sublicense, adapt, create derivative works from, transmit and copy such Communication and you waive your right to be identified as the author of such content and your right to object to derogatory treatment of it. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, service mark or patent laws in any relevant jurisdiction in any media. 

14. Limitations of liability

14.1.    Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law.

14.2.    We are providing the Websites on an “AS IS, AS AVAILABLE” basis to users. You use the Websites at your own risk.

14.3.    Subject to 13.1 above, we will not be liable to you for any loss or damage in circumstances where or to the extent that:

14.3.1.    neither we nor our employees or agents are in breach of a legal duty owed to you;

14.3.2.    such loss or damage is not a reasonably foreseeable result of any such breach; or

14.3.3.    any increase in loss or damage results from a breach by you of any term of these Terms.

14.4.    Except as expressly provided in these Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.

14.5.    Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with these Terms or your use of the Websites generally.

14.6.    We further do not warrant that the Websites or the products and materials contained on such Website are error free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes.

15. Indemnity

You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Terms by you or your authorised users, or in connection with the use of the Websites or the Internet or the placement or transmission of any message or information on the Websites by you or your authorised users.

16. General

16.1.    Our failure to insist upon the strict performance of any of your obligations under the Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.

16.2.    If any provision of the Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.

16.3.    All notices will be in writing and maybe served by either party on the other by hand or by first class pre-paid post. The address for service, in the case of a notice from you to us, is specified at the bottom of this page and, in the case of a notice from us to you, will be the address stated on your order.

16.4.    Nothing in these Terms which form the agreement between you and us will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

16.5.    The Websites may provide links to the websites and services of third parties. Such links are provided for your convenience only, and their provision does not constitute or imply control of or an endorsement of the content of such third party websites by us. You acknowledge that the use of such third party websites is governed by the terms and conditions of use as applicable to such websites.

16.6.    These Terms are governed by and construed in accordance with English law and the parties will submit to exclusive jurisdiction of the English courts.

16.7.    Neither we nor our affiliates make any representation that materials on the Websites are appropriate or available for use in locations outside the United Kingdom and Nigeria, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Websites from other locations do so under their own initiative and are responsible for compliance with local laws.

17. Termination

These Terms may be terminated by use at any time without notice. In this event of termination, you are no longer authorised to have access to the site and all limitations on our liability and on your use of our material shall survive. These Terms, along with the Sales Terms and any additional rules or conditions referred to herein and the Privacy Notice constitute the entire agreements and understanding between you and us as to your use of the Websites superseding all prior or contemporaneous communications and/or proposals.

18. Comments on how we may improve our service to you

We aim to provide outstanding customer service. If you have any comments about the service you have received from us, please contact us via email on connect@makewaybooks.com, publishing@makeway.biz, or printing@makeway.biz. 

CONTACT US

You can email us at connect@makewaybooks.com, publishing@makeway.biz, or printing@makeway.biz

or

You can telephone us on +234 (0) 90 9000 1164 or +234 (0) 81 2022 6125

or

You can write to us at:

MakeWay Publishing Limited
Anfani Building
Plot 7A, 1^st Commercial Road
Oluyole Industrial Estate
Ibadan, Oyo State
Nigeria