Welcome to Joagh Athletics. This website located at www.joagh.com (this “Site”) is owned and operated by Joagh Athletics, a subsidiary of The Adann Fashion and Accessories, RBN, (the “Company”) and TAFA, RBN (“TAFA” and, collectively with the Company, “Joagh Athletics”). Joagh Athletics provides website features and other products and services to you when you visit, shop or purchase items from this Site, access this Site from your mobile devices, or use software provided by Joagh Athletics in connection with any of the foregoing (collectively, “Joagh Athletics Services”). Joagh Athletics provides its products and services subject to these Terms of Service.
By using the Joagh Athletics Services, you agree to these conditions. Please read them carefully.
By accessing or using this Site, mobile application or other Joagh Athletics product or service on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of Joagh Athletics. You must be at least 18 years old to use this Site or Services. Joagh Athletics may change these Terms of Service at any time without notice. When we make changes, we will post them here. Your continued use of the Joagh Athletics Services shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site or any Joagh Athletics Services.
When you use any Joagh Athletics Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other Joagh Athletics Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Shipping and handling charges are based on your subtotal order amount, calculated after applicable discounts and before sales tax. Rates are calculated as follows:
|Lagos State||Other States in Nigeria (excluding Kaduna, Taraba,||
|N800 Flat Rate
2-3 Business Days
3-5 Business Days
|2-3 Business Days||3-5 Business Days||
7-10 Business Days
|7-10 Business Days|
|Subtotal Amount||48 Contiguous
Puerto Rico, APO
|$49.95 and over||$8.95
2-3 Business Days
2-3 Business Days
*All delivery times above are based on average in-transit time.
As soon as your order ships, you will be provided with a tracking number via email. You can also find your order details and tracking information on the Order History tab within the My Account section.
RETURNS & EXCHANGES
Joagh Athletics strives to provide an amazing shopping experience and superior customer service. If for any reason you are not content with your order, we gladly accept returns and exchanges for US and Canada orders within 14 days from the date of shipment and in new, unused condition with original packaging. Exchanges are not available outside Nigeria and orders can only be returned. Some items purchased through special promotions may be final sale, and therefore not eligible for exchanges or returns (please refer to promotion disclaimers for the terms of each offer).
Accessories must be returned with all pieces included and intact, and apparel must also be returned unworn, with all tags still attached.
In Nigeria, Joagh Athletics offers 3 easy return options: (1) return for store credit for free; (2) exchange for another item for free; (3) return for a refund.
Please note that any store credit used to pay for an order will be returned as store credit and will not be eligible for a refund to a credit card. Also, please note reward points associated with the purchase will be deducted from your account if you do choose a refund. Items redeemed through the rewards program are not eligible for returns or exchanges.
Shiping Your Returns/Exchanges
Returns and exchanges are easy! Just print your free return label and return packing slip by visiting the Order History page under My Account.?
To make a return or exchange, please follow these steps:
• Obtain a Return Merchandise Authorization (RMA) number. You can obtain a RMA number online by clicking on the link in the ‘My Order History’ section in your Account or you can obtain a RMA number by calling our Fashion Consultants by dialing our number at 234 9025555599. Our Fashion Consultants will email you our pre-paid return shipping label.
• Send the item back in the original, undamaged box and packaging.
• Attach the pre-paid return shipping label to your shipment and drop it off at any GIG or DHL location.
RISK OF LOSS/TITLE
The risk of loss and title for products purchased on the Site or through the Joagh Athletics Services passes to the purchaser upon our delivery to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your account at our discretion. Joagh Athletics does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Joagh Athletics does not take title to the refunded item.
Joagh Athletics is not required by law to collect sales and/or use taxes in all states, nor does it actually collect such taxes in all states. However, Joagh Athletics reserves the right to collect sales tax in any other jurisdictions if it believes that such collection is required by law.
For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. You may have a tax obligation in states where Joagh Athletics does not collect sales tax. Details of how to report these taxes may be found at the websites of your respective taxing authorities.
To make purchases through the Joagh Athletics Services may submit bank card information. You represent and warrant to Joagh Athletics that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize Joagh Athletics to use and store any credit card information submitted by you or updated credit card information submitted by your credit card company directly to Joagh Athletics. If you dispute any charges, you must inform Joagh Athletics within thirty (30) days upon receipt of Joagh Athletics’ invoice. We reserve the right to change Joagh Athletics prices, fees or the number of Member Credits required to purchase items. Your continued use of the Joagh Athletics Services after the price change becomes effective constitutes your agreement to pay the changed amount.
Joagh Athletics may, from time to time, partner with certain third-party payment services (e.g., PayU or PayPal)(each, a “Payment Service”) to make the payment process more efficient and streamlined. If you choose to use a Payment Service on this Site, you authorize Joagh Athletics to receive and store the payment information associated with your use of such Payment Service and to use such payment information in connection with your purchase of Joagh Athletics Services.
ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Joagh Athletics Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. Joagh Athletics shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Joagh Athletics Services is in compliance with these Terms of Service. You further acknowledge and accept that Joagh Athletics shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or any Services, which is defined as a matching and current member sign-in and user password. You shall notify Joagh Athletics immediately of any unauthorized access to your Account or any other unauthorized use of any Joagh Athletics Services.
You agree that Joagh Athletics may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which Joagh Athletics believes is harmful to its business interests; or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in the Joagh Athletics’ sole discretion and that Joagh Athletics shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
Any and all Joagh Athletics Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, purchasing products, providing information to Joagh Athletics, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. Joagh Athletics specifically prohibits any use of the Joagh Athletics Service, and requires all users to agree not to use the Joagh Athletics Services, for any of the following:
• Posting any information which is incomplete, false, inaccurate or not your own;
• Creating multiple accounts for the same user;
• Accessing data not intended for you or logging on to a Joagh Athletics server or account, which you are not authorized to access;
• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;?
• Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
• Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
• Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
• Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;?
• Attempting to interfere in any way with this Site’s network security, or attempting to use this Site’s service to gain unauthorized access to any other computer system;?
• Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
• Attempting to interfere or interfering with the operation of this Site, Joagh Athletics’ provision of services to any other visitors to this Site, Joagh Athletics hosting provider or networks, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding”, “mailbombing” or “crashing” this Site;
• Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, “User Content”) that you submit or post through any Joagh Athletics Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Joagh Athletics and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. Joagh Athletics will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Joagh Athletics shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Joagh Athletics retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
By connecting to Joagh Athletics with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
If you utilize your Facebook account to access and use the social features available through the Joagh Athletics Services, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that Joagh Athletics is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use the Joagh Athletics Services and its social features, you agree to respect other users of the Joagh Athletics Services in your interactions with them. Joagh Athletics reserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Joagh Athletics and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and Joagh Athletics reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although Joagh Athletics has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Joagh Athletics cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Joagh Athletics is not responsible for typographical errors regarding price or any other matter.
All orders placed through any Joagh Athletics Services are subject to Joagh Athletics’ acceptance. This means that Joagh Athletics may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Joagh Athletics will issue you a refund.
INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site and/or any Joagh Athletics Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Joagh Athletics and all rights thereto are specifically reserved. As between you and Joagh Athletics, (or any other company whose marks appear on any of the Joagh Athletics Services), Joagh Athletics (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the Joagh Athletics Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The Joagh Athletics logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “ Intellectual Property”) are owned by Joagh Athletics and may be registered in Nigeria and internationally. You agree not to display or use the Joagh Athletics Intellectual Property in any manner without Joagh Athletics’ prior written permission. Nothing contained on this Site or in any of the Joagh Athletics Services should be construed to grant any license or right to use any Joagh Athletics Intellectual Property without the prior written consent of Joagh Athletics.
Except as otherwise provided herein, use of the Joagh Athletics Services does not grant you a license to any materials, content or features you may access on this Site or via the Joagh Athletics Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the Joagh Athletics Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by Joagh Athletics. If you make use of the Joagh Athletics Services, other than as provided herein, in doing so you may violate copyright and other laws of Nigeria/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the Joagh Athletics Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Joagh Athletics publishes information within the Joagh Athletics Services as a convenience to its visitors. While Joagh Athletics attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Joagh Athletics Services at any time without notice. The Joagh Athletics products described in the Joagh Athletics Services may not be available in your region. Joagh Athletics does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the Joagh Athletics Services will be available for purchase in all jurisdictions.
YOUR USE OF THE JOAGH ATHLETICS SERVICES ARE AT YOUR SOLE RISK. THE JOAGH ATHLETICS SERVICES AND THE PRODUCTS OFFERED THROUGH THE JOAGH ATHLETICS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JOAGH ATHLETICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
JOAGH ATHLETICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE JOAGH ATHLETICS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE JOAGH ATHLETICS SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
JOAGH ATHLETICS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE JOAGH ATHLETICS SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH JOAGH ATHLETICS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF JOAGH ATHLETICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
JOAGH ATHLETICS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE JOAGH ATHLETICS SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANICAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. JOAGH ATHLETICS SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE JOAGH ATHLETICS SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE JOAGH ATHLETICS SERVICES. IF A PRODUCT OFFERED THROUGH THE JOAGH ATHLETICS SERVICES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS OF SERVICE.
Joagh Athletics makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from the Joagh Athletics Services. Hyperlinks are included solely for your convenience, and Joagh Athletics makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. Joagh Athletics does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the Joagh Athletics Services.
INDEMNITY AND RELEASE
You agree to indemnify and hold Joagh Athletics and its parent, subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys’ fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the Joagh Athletics Services by you or any other person accessing the Joagh Athletics Services using your Account; (b) the use of, or connection to, the Joagh Athletics Services by you or any other person accessing this Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms of Service.
DISPUTES AND DISPUTE RESOLUTION
Use of the Joagh Athletics Services, any purchases made through the Joagh Athletics Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Joagh Athletics Services, your purchases through the Joagh Athletics or your Account, or products purchased through the Joagh Athletics Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
Any claim or cause of action you may have with respect to Joagh Athletics or the Joagh Athletics Services must be commenced within one (1) year after the claim or cause of action arose.
CLASS ACTION WAIVER
Both you and Joagh Athletics waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Joagh Athletics Services, your Account, or products purchased through the Joagh Athletics Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as “the class action waiver.”)
Jurisdiction and venue for any dispute shall be in Lagos, Nigeria. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.?
AGREEMENT TO PRE-ARBITRATION NOTIFICATION
These Terms of Service provide for final, binding arbitration of all disputed claims (discussed immediately below). Joagh Athletics and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or Joagh Athletics shall send a letter to the other side briefly summarizing the claim and the request for relief. If Joagh Athletics is the claimant, the letter shall be sent, via email, to the email account listed in your Account. If you are the claimant, the letter shall be sent to Joagh Athletics, Attn: Legal Department, 7 Niyi Okunubi Street, Lekki Phase 1, Lagos. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
AGREEMENT TO ARBITRATE CLAIMS
Except to the limited extent noted below, use of the Joagh Athletics Services, membership in the Joagh Athletics VIP Membership Program, any purchases made through the Joagh Athletics Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Joagh Athletics Services, your membership in or purchases through the Joagh Athletics VIP Membership Program, or products purchased through the Joagh Athletics Services shall be resolved by final and binding arbitration between you and Joagh Athletics.?
The arbitration shall take place in Lagos, Nigeria in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration.
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Both you and Joagh Athletics waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
OPTING-OUT OF DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following: within 15 days of setting up your Account, you must send a letter to Joagh Athletics, c/o Legal Department, 7 Niyi Okunubi Street, Lekki Phase 1, Lagos, that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if Joagh Athletics makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to Joagh Athletics’ address), you may reject any such change by sending a letter to Joagh Athletics within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
These Terms of Service constitute the entire agreement between you and Joagh Athletics and govern your use of the Joagh Athletics Services, and they supersede any prior agreements between you and Joagh Athletics. You also may be subject to additional terms and conditions that are applicable to certain parts of the Joagh Athletics Services. Joagh Athletics may terminate this Agreement and deny you access to the Joagh Athletics Services at any time, immediately and without notice, if in Joagh Athletics’ sole discretion you fail to comply with any provision of these Terms of Service.
You agree that no joint venture, partnership, employment, or agency relationship exists between Joagh Athletics and you as a result of this Agreement or your use of the Joagh Athletics Services.?
The failure of Joagh Athletics to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without Joagh Athletics’ express written consent. The Terms inure to the benefit of Joagh Athletics’ successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.