Terms and Conditions

Welcome to SIMMY FRANKS WEST AFRICA LIMITED (“SIMMYFRANKS”, “we”, “our”, “us”).

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website operated by Simmyfranks.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web page.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) the Agreements, then you may not use the website. However, please let us know by emailing us at privacy@simmyfranks.com so we can address your request whilst respecting your decision. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link, by emailing us at privacy@simmyfranks.com, or by reaching out on any of our social media platforms.

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, but not limited to, your personal information, place of work, budget range, credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

We employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons, which we will communicate to you.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Kindly note also that while our prices are highly competitive, they are subject to change from time to time due to market and economic realities.

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

Due to the nature of laboratory products, we do not issue refunds for purchases once they are completed. This policy is in place to ensure the safety, quality, and integrity of our products, as we cannot guarantee proper storage or handling after delivery. However, a refund may be applicable where the delivered products or services do not match your quote, or where a quote made and paid for is unavailable.

If you have concerns regarding a product’s quality or any issues with your purchase, please contact our customer service team immediately for assistance and resolution.

Content found on or through this Service is the property of Simmyfranks. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation.

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate Simmyfranks, a Simmyfranks employee, another user, or any other person or entity.

• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend Simmyfranks or users of the Service or expose them to liability.

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service.

• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Service.

• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

• Take any action that may damage or falsify the Simmyfranks rating.

• Otherwise attempt to interfere with the proper working of the Service.

We may use third-party service providers to monitor and analyze the use of our Service.

The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and possess the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Service.

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity, or a name that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Simmyfranks and its licensors. The Service is protected by copyright, trademark, and other laws pertaining to our operation. Our trademarks may not be used in connection with any product or service without the prior written consent of Simmyfranks.

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to privacy@simmyfranks.com with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.

You may provide us, either directly by emailing privacy@simmyfranks.com or via our social media platforms, with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) we may have developed ideas similar to the Feedback; (iii) the Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Simmyfranks is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of ownership of the Feedback is not possible due to applicable mandatory laws, you grant Simmyfranks and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) the Feedback in any manner and for any purpose.

Our Service may contain links to third-party websites or services that are not owned or controlled by Simmyfranks.

Simmyfranks has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT SIMMYFRANKS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

No agency, partnership, or joint venture has been created between the parties to these Terms and Conditions. Neither party has any authority to bind the other to third parties.

THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. SIMMYFRANKS, FOR ITSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE WEBSITE, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS.

SIMMYFRANKS DOES NOT WARRANT OR REPRESENT THAT:

• THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE;

• DEFECTS WILL BE CORRECTED;

• THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS;

• THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR

• THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER SYSTEM OR OTHER DEVICE.

Product and Equipment Guarantee

Simmyfranks hereby guarantees that all products and equipment supplied by it shall be free from defects in materials and workmanship for a period of six (6) months from the date of purchase. During the guarantee period, Simmyfranks shall, upon verification of any manufacturing defect, repair or replace the defective product or equipment at its discretion and at no additional cost to the purchaser. This guarantee does not cover defects arising from misuse, negligence, improper installation, unauthorized modifications, normal wear and tear, or damage caused by external factors beyond Simmyfranks' control.

These Terms are governed by and to be interpreted in accordance with the laws of Nigeria, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms or any dispute arising in relation to the website whether in contract or tort or otherwise, to first submit to an arbitration process where the parties bear the cost for such proceedings individually. Where arbitration fails, the parties may have recourse to the exclusive jurisdiction of the competent courts in Nigeria for the resolution of all such disputes.

Headings of parts and sub-parts under these Terms and Conditions are for convenience and organization only. Headings shall not affect the meaning of any provisions of these Terms and Conditions.

If any provision of these Terms is held by a court of competent jurisdiction to be unlawful, invalid, or void, the remaining provisions of these Terms shall remain in full force and effect.

These Terms and Conditions, together with any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Simmyfranks regarding your use of this website.

No failure or delay by Simmyfranks in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right, power, or privilege available to Simmyfranks under these Terms or under applicable law.