These terms and conditions shall govern your use of our website and the services on our website.
By using our website and the services therein, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website and the services therein.
By subscribing to our "member only" services (i.e. making payment and thereafter registering on our website) and/or paying for a single document/material on our website or using other contents freely available on our website, you commit that you have read and understood the terms and conditions stated herein and you expressly agree to these terms and conditions.
Your agreement to these terms and conditions is on your own behalf as an individual or, if you are acting in the course of your employment by or representing another legal entity, on behalf of that entity; and such acceptance creates a legally enforceable agreement between you or that entity on one hand, and us on the other.
If you are acting in the course of your employment by or representing another legal entity, you personally warrant and represent to us that you have the authority to accept these terms and conditions on behalf of that entity, and you undertake to abide by these terms and conditions insofar as they are applicable to you as an individual user.
Our website services are designed for business customers only. You must not use our website services except in the course of a business or other organisational project. In particular, you must not use our website services as a consumer.
Licence to use website
This Section 3.0 governs your rights to use our website and our website services. These provisions apply to use of those areas of the website freely available to casual/general visitors and to the use of the additional areas of the website available to only registered users ("members only") and customers who have purchased access to our services, and in particular shall apply to the use of our online documents (audit programs, audit checklists, best practice guides, training materials, video and audio files and other documents, etc).
The rules governing the use of documents produced by means of our website services are set out in Section 8, and are not affected by the provisions of this Section 3.0
subject to the other provisions of these terms and conditions.
- view pages from our website and submit forms on our website using a web browser;
- download pages from our website for caching in a web browser;
- stream video files from our website; and
- use our website contents (audit programs, checklists, best practice guides, etc) and other website services by means of a web browser,
Except as expressly permitted by Section 3.1 or Section 8, you must not download any material from our website or save any such material to your computer.
You must not:
in each case except as expressly permitted by Section 8.0
- republish material from our website (including republication on another website);
- sell, rent or sub-license material from our website;
- show any material from our website in public;
- exploit material from our website for a commercial purpose; or
- redistribute material from our website,
We reserve the right to restrict access to areas of our website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
You must not use the software elements of the website or services for any purpose other than using the website and services in accordance with these terms and conditions.
Except to the extent required by applicable law, you must not reverse engineer, or attempt to reverse engineer, the software elements of the website or services.
Registration and accounts
You may register for an account with our website by completing and submitting the account registration form on our website after subscribing for our services and making relevant payments for silver, gold or platinum class of membership as stated on our website. Registration for an account(s) on our website through unlawful means or without relevant subscription payment to us is prohibited and constitute a breach of this agreement.
You must not allow any other person to use your account to access the website, unless that other person is employed or engaged as part of your business or organisation.
You must notify us in writing immediately if you become aware of any unauthorised use of your account.
You must not use any other person's account to access the website.
If you register for an account with our website, you will be asked to choose a password and may be asked to choose a user ID.
Your user ID must not be liable to mislead and must comply with this terms and agreement; you must not use your account or user ID for or in connection with the impersonation of any person.
You must keep your password confidential.
You must notify us in writing immediately if you become aware of any disclosure of your password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions in any way, we will issue a refund to you calculated in accordance with Section 10.0
- suspend your account;
- cancel your account; and/or
- edit your account details to ensure they are accurate and appropriate,
You may cancel your account on our website by sending to us a written cancellation request. You will not be entitled to any refund if you cancel your account in accordance with this Section 5.11.
Users may make the following types of purchase on our website:
- single document purchases (the purchase of access to a single downloadable document on the website); and
- subscription purchases (the purchase of our silver, gold and/or platinum class subscription for access to our exported/downloaded materials/documents, which are not limited to audit programs, audit checklists, best practice guides, training materials, online video and audio courses, etc on the website).
Users can purchase access to a single document/material as advertised and published on our website according to the listed prices as at the time of purchase. However, for subscription based access to series of documents/materials on our website, then the user must select a silver class access, gold class access or platinum class access. The different classes of access have different limitations on usage and access, and when you purchase a class of access, you agree to abide by those limitations as specified in these terms and conditions and on our website. We reserve the right to change those limitations, classes of access, privileges of each type of access/subscriptions without your consent/permission or consent/permission of anyone and we can do so expressly at our discretion without any liabilities whatsoever.
To purchase documents or subscribe to various types of membership for access to our "member only" services, you must pay the applicable purchase fees. You will need to create an account during checkout as the link to do so will be sent/loaded for you. Our website will send your user id and an email verification/confirmation link to enable you verify your email. The contract between you and us for the supply of the website services shall come into force upon the issue of that order confirmation an successful regsitration.
Not being a consumer, you acknowledge and agree that our order procedure does not include specific means enabling you to identify and correct input errors prior to making your order.
We may from time to time vary the benefits associated with a purchase (including usage and licensing limitations) by posting a new description of the relevant services or licence in these terms and conditions and on our website, providing that if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your services, and we will refund to you an amount calculated in accordance with Section 10.0
We shall have the right (but not the obligation) to delete from our servers any of our exported/downloaded documents (i.e. audit programs, audit checklists, best practice guides, training materials, video and audio training course, etc) at any time without your consent or following the end of the period of your subscription or access as stated in this terms and conditions.
You may have access to your purchased single document (via the link provided) or subscription based access ("member only" pages) upon confirmation of your order at a frequency that shall be reasonable as long as it does not constitute an abuse or misuse of access or violation of this terms and conditions. Where such abuse, misuse or violation is observed, your rights to the documents or "member only" access may be suspended or revoked without notice and you will not be entitled to any refund.
Your access to the "member-only" section of our website shall be revoked upon expiration of your subscription period and failure to renew your subscription by making payments accordingly. Consequently, you will no longer be able to access the materials/documents available in the member-only section of our website upon expiration of your subscription.
Purchasing single documents or subscription access on our website does not in any way give or confer any right(s) on you to resale/resell or transfer your rights (under this agreement) to our documents/materials obtained on our website to anyone without our written permission and consent. Doing so breaches this terms and condition and its illegal and highly prohibited. Reselling or commercially distributing our documents/materials and intellectual property obtained from our website is subject to a reseller agreement executed between us (Oxley Technologies Inc, its owners and licensors) and the interested party/parties.
Licence to use exported/downloaded documents
In this Section, "Exported/Downloaded Documents" means documents (audit programs, audit checklists, best practice guides, training materials and videos files, voice records, etc) hosted on the "member only" section of our website as well as those freely available to unregistered/casual users that you export/download from our website, whether in Word format, HTML format or any other format, and includes derivatives of such documents; "Website" means a website or a software application hosted on and made available to users via the internet, including updated and upgraded versions of such Website; and "Digital Product" means a software program, electronic publication or other copyright-protected work that is distributed to users for their own use, including updated and upgraded versions of such Digital Product.
Subject to your payment of the applicable prices and compliance with these terms and conditions, we grant to you a worldwide non-exclusive licence to make any Permitted Use of any Exported/Downloaded Documents; provided that you must not in any circumstances make any Prohibited Use of any Exported/Downloaded Document.
The "Permitted Uses" are:
- downloading a copy of each Exported/Downloaded Document;
- storing, viewing and editing Exported/Downloaded Documents on a computer, and permitting your legal representatives to do so for the purposes set out herein;
- printing an unlimited number of copies of any Exported/Downloaded Document but not for distribution, commercial or resale purposes;
- if the purpose of the Exported/Downloaded Document is for use on a Website and/or Software (or such number of Websites and/or Software as you have purchased licences for) but not for distribution or resale purposes; and
- if the purpose of the Exported/Downloaded Document is for use in the course of a job, project, assignment, education/academics, research and/or any other use that will not be termed as resale, unlawful distribution that breaches the terms and conditions stated herein.
- Note: Where you have been licensed as a Reseller of our services and/or contents/materials, you may not authorize or appoint any dealers, sub-resellers, agents, representatives, subcontractors, or other third parties to advertise, promote, resell, or distribute our services and/or contents/materials. All rights not specifically granted by Oxley Technology Inc (OTI) hereunder are reserved by OTI. Without limiting the generality of the foregoing. Oxley Technologies Inc reserves the right to advertise, promote, market and distribute the services and/or contents/materials on our website's "member only" and freely available areas, and to appoint third parties to advertise, promote, market and distribute the Products (services and/or contents/materials), worldwide, including on and off the internet. Further, Oxley Technologies Inc reserves the right, in its sole discretion, at any time and from time to time, to modify any or all of the Products and Services it offers, or to discontinue the service, support of publication, distribution, sale or licensing of any or all of the Products and services without liability of any kind.
The "Prohibited Uses" are:
- the sale, resale, licensing, sub-licensing, renting, leasing or commercial distribution of any Exported/Downloaded Document in any format (excluding distribution and use as expressly permitted by Clause 8.3 and Clause 8.5);
- the publishing of any Exported/Downloaded Document (excluding the publication of an Exported/Downloaded Document as expressly permitted by Clause 8.3);
- the use of any Exported/Downloaded Document in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable; and
- the use of any Exported/Downloaded Document to compete with us, whether directly or indirectly (excluding competition in respect of custom legal drafting services).
This licence is non-transferable. However you may sub-license the rights granted in this Section 8 in respect of an Exported/Downloaded Document (subject to the restrictions set out in this Section 8) to a client of yours, in which case, from the time of the sub-licence coming into effect, you will no longer be permitted to exercise those rights, except for the purpose of maintaining the relevant Exported/Downloaded Document on behalf of the client. The maximum number of sub-licences that you may grant shall be as specified on our website at the time of your purchase.
All rights in the Exported/Downloaded Documents not expressly granted in these terms and conditions are hereby reserved.
Subject to Section 8.10, you must retain, and must not delete, obscure or remove, all copyright notices and other proprietary notices placed by us on any Exported/Downloaded Document.
Permission to resale or distribute for profit any of our Exported/Downloaded Documents is subject to executing a reseller agreement with us (Oxley Technologies Inc or its owners/licensors).
If you breach any of these terms and conditions, then the licence set out in this Section will be automatically terminated upon such breach (whether or not we notify you of termination).
Upon the termination of the licence set out in this Section, you will promptly and irrevocably delete from your computer systems and other electronic devices all copies of the Exported/Downloaded Document(s) in your possession or control, and will permanently destroy any paper or other copies of the Exported/Downloaded Document(s) in your possession or control.
In respect of an Exported/Downloaded Document provided under a free licence that contains text crediting Oxley Technologies Inc, then you must ensure that that text is included in all versions and derivatives of the Exported/Downloaded Document, unless we agree otherwise in writing. If we send you a written request to remove that text from an Exported.Downloaded Document, you must do so without delay.
The fees in respect of our website services (not limited to document and subscription purchases) will be as set out on the website from time to time.
All amounts stated in these terms and conditions or on our website are stated inclusive of VAT or general sales tax (unless the context suggests otherwise).
You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid and are yet to expire.
If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
If you make an unjustified credit card, debit card or other charge-back, then you will be liable to pay us, within 7 days following the date of our written request:
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 9.6.
- an amount equal to the amount of the charge-back;
- all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
- an administration fee of GBP 25.00 including VAT; and
- all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 9.6 (including without limitation legal fees and debt collection fees),
If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
The provisions of this Section 10.0 apply only where the Section is expressed to apply elsewhere in these terms and conditions.
You acknowledge that you have no general right to a refund under these terms and conditions.
Refunds will be calculated taking into account the following factors:
- the number of days/months your subscription/account has run;
- the access period remaining on your account/subscription of which refunds would be prorated accordingly.
Subject to Section 10.3, we shall be responsible for calculating refunds due in accordance with this Section 10.0, and we may do so using any reasonable methodology.
Confidentiality and data protection
This Section 11 sets out how we will treat the information that you upload to our website in the course of using our online/website services (the "Confidential Information") and any personal data that we may process on your behalf in the course of providing the services ("Personal Data").
- keep the Confidential Information confidential;
- not disclose the Confidential Information to any person without your prior written consent; and
- use the same degree of care to protect the confidentiality of the Confidential Information as we use to protect our own confidential information of a similar nature, being at least a reasonable degree of care.
Notwithstanding Section 11.2, we may disclose the Confidential Information to our officers, employees, professional advisers, insurers, agents, service providers and subcontractors who have a need to access the Confidential Information for the performance of their work and who are bound by a written agreement or professional obligation to protect the confidentiality of the Confidential Information.
This Section 11.0 imposes no obligations upon us with respect to Confidential Information that:
- is known to us before disclosure by you and is not subject to any other obligation of confidentiality;
- is or becomes publicly known through no act or default on our part; or
- is obtained by us from a third party in circumstances where we have no reason to believe that there has been a breach of an obligation of confidentiality.
The restrictions in this Section 11.0 do not apply to the extent that any Confidential Information is required to be disclosed by any law or regulation, by any judicial or governmental order or request, or pursuant to disclosure requirements relating to the listing of our stock on any recognised stock exchange.
The provisions of this Section 11.0 shall continue in force indefinitely following the closure of your account on the website.
You warrant to us that you have the legal right to disclose all Confidential Information and Personal Data that you do in fact disclose to us under or in connection with these terms and conditions, and that the processing of that Personal Data by us in accordance with these terms and conditions will not breach any applicable data protection or data privacy laws.
We warrant to you that:
- we will act only on your instructions in relation to the processing of Personal Data; and
- we have in place appropriate security measures (both technical and organisational) against unlawful or unauthorised processing of Personal Data and against loss or corruption of Personal Data.
Guidance, advice and information
From time to time we may provide provide you with additonal audit programs, audit checklists, best practice guides and other documents as we deem appropriate. In this connection, you acknowledge that:
- we will not have full knowledge of your circumstances, and there may be circumstances which are relevant to documents we provide about which we do not know;
- any audit step, test procedures, best practices guides or technical procedures provided in our materials are likely to be general practice/guides and we do not guarantee it will work exactly as stated in your own case or environment based on your own applications of them;
- our audit programs, audit cheklists, best practice guides, training materials and other doucments provided on our website are intended primarily for use by IT Auditors,IT Security and Other IT Assurance professionals, and a degree of knowledge, care and effort are required for their proper use and application; and
- all documents (audit programs, cheklists, best practice guides, training materials, etc) need to be adapted, and may require further editing after export as appropriate for your circumstances.
This website, our online services and documents/materials contain general information about IT Auditing, information and technology assurancce ("IT assurance information").
You must not rely on the IT assurance Information as an alternative to technical information and competence relevant IT assurance professionals and services providers.
You should never make configuration changes, nor carry out any modification or effect any procedural changes in your environment or organization based on IT assurance information provided on our website without consulting relavant stakeholders or authorities in your environment or organization.
client-service provider, user-expert or customer-consultant relationship shall be created through the use of our website.
The IT assurance information or test procedures is not an expert advice to be used in your environment or organization without due diligence/care and should not be treated as such. Nor should any guidance we may give to or any assistance we may give you. Accordingly, you must not relay the IT assurance information or such guidance or assistance, and subject to Section 14.1 we will not be liable to you in respect of any loss or damage that you may suffer or incur as a result of reliance upon the IT assurance information or such guidance or assistance.
The documents/materials on our website are all created by IT Audit/Assurance professionals/experts qualified in Nigeria and/or designed for use as global best practices and generally accepted guide. We give no warranty that the documents are at all suitable for use for your own specific envrionment/circumstance or organization.
Further warranty limitations
We do not warrant or represent:
- the completeness or accuracy of the information published on our website;
- that the material on the website is up to date; or
- that the website or any service on the website will remain available.
The software that we use to provide our website services is complex. You acknowledge that complex software is never wholly free from bugs and security vulnerabilities, and we give no warranty that our software will be wholly free from such bugs and vulnerabilities.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
Limitations and exclusions of liability
Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section 14.0 and elsewhere in these terms and conditions:
- are subject to Section 14.1; and
- govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
You are responsible for creating and maintaining back-ups of your data stored on the website; we will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
- GBP 150; and
- the total amount paid and payable to us under the contract.
You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
- a breach by you of any provision of these terms and conditions; or
- any misuse by you of our website or services.
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- send you one or more formal warnings;
- suspend your access to our website;
- permanently prohibit you from accessing our website;
- block computers using your IP address from accessing our website;
- contact any or all of your internet service providers and request that they block your access to our website;
- commence legal action against you, whether for breach of contract or otherwise;
- suspend or delete your account on our website; and/or
- terminate any contract between us and you under these terms and conditions.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
We have no control over third party websites and their contents, and subject to Section 14.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Oxley Technologies Inc, oxleyconsults.com.ng, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
We may revise these terms and conditions from time to time.
The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
If you have given your express agreement to these terms and conditions by reading and subscribing to any of our services, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website without any refund, and you must stop using the website. We will give you at least 3 months' notice of any revision requiring your consent under this Clause 19.3.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
Subject to Section 14.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
Law and jurisdiction
A contract under these terms and conditions shall be governed by and construed in accordance with Nigerian law.
Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Nigeria.
Statutory and regulatory
We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
These terms and conditions are available in the English language only.
This website is owned and operated by Oxley Technologies Inc.