Legal
Terms of Reference and Terms of Use
This document has been drafted in plain, clear, and intelligible language in strict compliance with Section 128 of the Federal Competition and Consumer Protection Act, 2018 (FCCPA). By accessing this Website, you acknowledge that you have read, understood, and agreed to be unconditionally bound by these Terms, alongside our Privacy Policy and Cookie Policy.
| Document Control | Information |
|---|---|
| Effective Date | 19 June 2026 |
| Version | 1.0 |
| Owner | The Energy Consulting Practice LLP |
| Website | energyconsultingpractice.com |
1. Introduction and Acceptance of Terms
1.1 Purpose of the Terms
These Terms govern your access to and use of the Company’s primary domain located at “energyconsultingpractice.com” and all associated sub-domains, web portals, mobile applications, and interactive features owned, operated, or maintained by the Company, collectively referred to as the “Website”. The purpose of these Terms is to establish clear operational guidelines, safeguard the Company’s digital assets, protect intellectual property rights, mitigate cybersecurity vulnerabilities, ensure regulatory compliance, and define the boundaries of legal liability.
1.2 Binding Effect of Electronic Contracts
In accordance with Section 93 of the Evidence Act, 2011, Section 101 of the Companies and Allied Matters Act, 2020 (CAMA), and the Cybercrimes (Prohibition, Prevention, etc.) Act 2015 (as amended), electronic agreements and records possess full legal validity and enforceability. Your access to this Website constitutes an electronic signature and an express manifestation of your assent to be bound by these Terms.
1.3 Continued Access as Acceptance
Accessing, browsing, downloading content from, or transmitting information to this Website constitutes your irrevocable acceptance of these Terms. If you do not agree with any provision contained herein, or if you lack the legal capacity to enter into binding contracts under Nigerian law, your sole remedy is to immediately cease all access to and use of this Website.
2. Definitions and Interpretation
2.1 Definitions
In these Terms, unless the context otherwise requires, the following expressions shall have the meanings assigned to them below:
“Applicable Laws” means all principal legislation, subsidiary legislation, regulations, statutory guidelines, regulatory directives, by-laws, and treaties applicable in the Federal Republic of Nigeria, including but not limited to the Constitution of the Federal Republic of Nigeria 1999 (as amended), Petroleum Industry Act 2021, Federal Competition and Consumer Protection Act 2018, Nigerian Data Protection Act 2023, Cybercrimes (Prohibition, Prevention, etc.) Act 2015 (as amended), Copyright Act 2022, and the Trademarks Act (Cap T13 LFN 2004).
“Company” refers to The Energy Consulting Practice, its subsidiaries, holding companies, affiliated entities, joint ventures, assignees, and authorized representatives.
“Confidential Information” means all non-public, proprietary, technical, operational, financial, trade secret, geological, seismic, or commercial information disclosed by the Company to the User, or accessed by the User through secure portals on the Website.
“Content” means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, software, database layouts, engineering schematics, sustainability reports, investor publications, and computer code made available on or through the Website.
“Intellectual Property Rights” means all patent rights, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, designs, database rights, topography rights, moral rights, and any other intellectual property rights, whether registered or unregistered, subsisting anywhere in the world.
“Personal Data” has the meaning ascribed to it under Section 65 of the Nigerian Data Protection Act, 2023, and includes any information relating to an identified or identifiable natural person.
“Services” means the informational, operational, interactive, and communication facilities, tools, and portals provided by the Company on the Website.
“Third-Party Content” means any links, data, information, portals, applications, or material provided, owned, or maintained by third parties that may be accessed through or integrated into the Website.
“User” means any natural person, corporate body, automated web crawler, or digital agent that accesses, views, or interacts with the Website.
2.2 Interpretation
- Words importing the singular include the plural and vice versa; words importing any gender include all other genders.
- Any reference to a statutory provision includes a reference to any modification, consolidation, amendment, or re-enactment thereof.
- Headings are inserted for convenience of reference only and shall not affect the construction or interpretation of these Terms.
- The words “include,” “including,” and “in particular” shall be construed without limitation.
3. Eligibility to Use the Website
3.1 Contractual Capacity and Age Requirements
Access to and use of this Website is restricted to individuals who possess the legal capacity to form legally binding contracts under Nigerian law. By utilizing this Website, you represent and warrant that you are at least eighteen (18) years of age. If you are under 18 years of age, you may only use this Website under the direct supervision and express consent of a parent or legal guardian who agrees to be bound by these Terms.
3.2 Corporate Representation
Where a User accesses or uses this Website on behalf of a corporation, partnership, government agency, or other legal entity, such User warrants and represents that they possess the requisite corporate authority and duly executed mandate to bind such entity to these Terms. In such instances, “User,” “you,” and “your” shall refer collectively to the individual and the corporate entity.
3.3 Access Restrictions
The Company reserves the absolute right, without prior notice or liability, to deny, suspend, restrict, or revoke access to the Website for any User whose conduct violates Applicable Laws, breaches these Terms, poses a cybersecurity risk, or threatens the commercial and operational integrity of the Company.
4. Scope of Website Services
The Website operates as a dynamic corporate communication, operational interaction, and stakeholder engagement platform. The content and interactive features provided encompass, but are not limited to, the following domains of the Company’s operations:
4.1 Upstream Operations
Information relating to petroleum exploration, developmental drilling, field appraisal, asset management, and hydrocarbon production activities across onshore, shallow-water, and deep offshore blocks in compliance with the regulatory oversight of the Nigerian Upstream Petroleum Regulatory Commission (NUPRC).
4.2 Midstream Operations
Data and updates regarding gas processing facilities, natural gas liquefaction, bulk storage terminals, transmission pipelines, and maritime transportation infrastructure regulated by the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA).
4.3 Downstream Operations
Details concerning petroleum products refining, bulk distribution, supply chain logistics, retail marketing networks, aviation fuel supply, and liquefied petroleum gas (LPG) packaging.
4.4 Energy Consulting and Engineering Services
Descriptions of technical advisory services, front-end engineering design (FEED), project management, facilities maintenance, geotechnical surveys, and specialized technical problem-solving capabilities offered by the Company.
4.5 Petroleum Products Marketing
Information detailing wholesale and commercial supply contracts, product pricing indices, bulk purchasing procedures, product quality specifications, and authorized distributorship networks.
4.6 Gas Processing and Distribution
Overviews of domestic and regional natural gas commercialization initiatives, compressed natural gas (CNG) deployment, industrial gas off-take frameworks, and piped natural gas networks.
4.7 Energy Transition Initiatives
Strategic disclosures, operational updates, and research initiatives relating to the Company’s decarbonization roadmap, investments in renewable energy, including solar, wind and geothermal, carbon capture, utilization and storage (CCUS), green hydrogen development, and emission reduction programs.
4.8 Corporate Communications and Stakeholder Engagement
Official press releases, media kits, regulatory announcements, executive speeches, local community development project updates, and formal channels for public inquiries.
4.9 Investor Relations
Financial statements, quarterly performance summaries, annual operational reports, regulatory compliance filings, dividend declaration histories, shareholder meeting notices, and interactive investor communication portals.
4.10 Recruitment and Career Opportunities
Portals dedicated to publicizing employment vacancies, graduate trainee programs, internships, talent acquisition procedures, online curriculum vitae (CV) submission facilities, and career development policies.
4.11 Sustainability and ESG Reporting
Environmental, Social, and Governance (ESG) performance reports, carbon footprint auditing metrics, host community development trust (HCDT) implementations under the Petroleum Industry Act 2021, biodiversity conservation disclosures, and corporate social responsibility (CSR) scorecards.
5. Permitted Use
You are granted a limited, non-exclusive, non-transferable, revocable license to access and navigate the Website strictly for lawful and non-commercial purposes, save for authorized commercial portals specifically provided by the Company. Permitted use includes:
- Viewing and reading public corporate information, industry insights, and market reports.
- Downloading authorized digital assets, such as PDF annual reports or press statements, where a designated download link is explicitly provided.
- Submitting legitimate inquiries, feedback, business proposals, or whistleblowing reports via official online web forms.
- Utilizing specialized vendor, customer, or investor self-service portals in accordance with supplemental terms of access.
- Applying for advertised job vacancies via the designated recruitment application interfaces.
6. Prohibited Activities
To protect the Company from legal liability, operational disruption, intellectual property theft, and cybersecurity compromise, you are strictly prohibited from engaging in any of the following activities. Engaging in any prohibited act will result in immediate termination of your access and potential civil or criminal prosecution under Applicable Laws.
6.1 System Interference and Cyber Attacks
- Executing or attempting to execute Denial of Service (DoS) attacks, Distributed Denial of Service (DDoS) attacks, or unauthorized penetration testing against the Website hosting infrastructure.
- Introducing, transmitting, or broadcasting viruses, Trojan horses, worms, logic bombs, ransomware, spyware, or any other malicious, destructive, or technologically harmful software code.
6.2 Data Scraping and Extraction
6.3 Reverse Engineering and System Tampering
- Decompiling, reverse engineering, disassembling, decrypting, or attempting to derive the source code, underlying algorithms, database schemas, or architectural frameworks of the Website or its integrated software tools.
- Bypassing, circumventing, disabling, or interfering with any technological protection measures (TPMs), digital rights management (DRM) protocols, or access control security features deployed on the Website in violation of Section 50 of the Copyright Act, 2022.
6.4 Unauthorized Access and Privilege Escalation
6.5 Fraudulent Conduct and Impersonation
- Engaging in phishing, brand spoofing, creating unauthorized mirror sites, or framing the Website on external domains.
- Impersonating any Company executive, employee, recruitment officer, or legal representative; or falsely stating or implying an affiliation with, endorsement by, or sponsorship from the Company.
6.6 Intellectual Property Violations
6.7 Illegal and Unlawful Conduct
- Using the Website to facilitate, plan, or execute any activity contrary to Nigerian laws, international trade sanctions, anti-money laundering (AML) frameworks, or counter-terrorism financing (CTF) regulations.
- Posting or transmitting any content that is defamatory, seditious, obscene, threatening, discriminatory, highly offensive, or designed to incite public unrest or ethnic violence in contravention of Section 24 of the Cybercrimes Act, 2015 (as amended).
7. Cybersecurity and Reporting Obligations
7.1 Protection of Digital Assets and Infrastructure
The Company’s Website, interactive portals, and underlying databases are classified as critical corporate infrastructure. Users are legally obligated to refrain from any act or omission that compromises the security, availability, integrity, or confidentiality of these digital systems.
7.2 Right to Monitor and Investigate
To ensure compliance with these Terms and safeguard our operational environment, the Company reserves the express right to monitor network traffic, log IP addresses, track session activities, and utilize advanced threat-detection software. By using the Website, you expressly consent to such monitoring.
7.3 Compliance with Statutory Reporting Obligations
The Company maintains a zero-tolerance policy towards cybercrime. In strict compliance with our statutory duties under the Cybercrimes (Prohibition, Prevention, etc.) Act 2015, as amended by the Cybercrimes Amendment Act 2024, the Nigerian Communications Commission (NCC) Regulations, and statutory mandates of the National Cybersecurity Coordination Centre (NCCC) and the Computer Emergency Response Team (ngCERT):
- The Company will actively investigate all cybersecurity incidents, security breaches, unauthorized access attempts, and distributed attacks.
- The Company is legally mandated to, and will unhesitatingly report, any suspected cyber threat, system tampering, electronic fraud, or unauthorized data exfiltration to relevant law enforcement agencies, including the Economic and Financial Crimes Commission (EFCC), the Nigeria Police Force Cybercrime Unit, the Office of the National Security Adviser (ONSA), and sectoral regulators.
- We will preserve and surrender all digital forensic evidence, session logs, and User identification records to competent statutory bodies pursuant to lawful court orders or regulatory subpoenas.
7.4 User Vulnerability Disclosure Obligation
If you discover, suspect, or inadvertently encounter any operational vulnerability, software bug, exposed directory, data breach, or security weakness on the Website, you are obligated under these Terms to maintain strict confidentiality and report the discovery immediately to our designated Security Operations Center at compliance@energyconsultingpractice.com. Public disclosure or exploitation of such vulnerabilities is strictly prohibited.
8. Intellectual Property Rights
8.1 Complete Statutory Protection
All Content, databases, publications, operational reports, technical specifications, graphical user interfaces, custom scripts, source code, visual designs, audio assets, and brand elements integrated into the Website are protected by the Copyright Act, 2022, the Trademarks Act, the Patents and Designs Act, international intellectual property conventions, and applicable common law principles.
8.2 Ownership of Assets
The Company, or its designated third-party licensors, retains all right, title, and interest including all subsisting Intellectual Property Rights in and to the Website and its Content. Accessing the Website does not vest any ownership, equity, or proprietary interest in the User.
8.3 Express Restrictions on Commercialization
Save as expressly permitted in writing by the Company’s Legal Department:
- You shall not copy, reproduce, republish, upload, download, post, broadcast, transmit, index, catalog, or distribute any part of the Content in any medium.
- You shall not create derivative works, translate, modify, or adapt Company publications, operational maps, or technical schematics.
- You shall not remove, obscure, or alter any copyright notices, trademark symbols (™ or ®), or proprietary legal disclaimers affixed to downloadable Content.
- You shall not utilize the Company’s trade names, corporate logos, or brand assets in meta-tags, hidden text, search engine keyword advertising, or domain name registrations without express written consent.
8.4 Database Protection
The structured compilation, collection, arrangement, and assembly of all data on this Website constitutes an exclusive proprietary database owned by the Company. Any extraction or re-utilization of insubstantial or substantial parts of the database without authorization is prohibited.
9. User-Generated Content
9.1 Scope of User Submissions
Where the Website provides interactive portals allowing Users to upload documents, participate in stakeholder discussion forums, submit technical feedback, or post public comments, collectively “User Content”, such submissions shall be governed by this clause.
9.2 Licensing Grant to the Company
By submitting, posting, or uploading User Content to the Website, you grant the Company a royalty-free, perpetual, irrevocable, transferable, sub-licensable, non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, analyze, and publicly display such User Content in connection with our operations, corporate communications, and regulatory reporting requirements.
9.3 User Warranties
You explicitly warrant and represent that:
- You own or have secured all necessary statutory rights, licenses, consents, and authorizations required to upload the User Content.
- The User Content does not infringe upon the Intellectual Property Rights, privacy rights, trade secrets, or confidentiality obligations of any third party.
- The User Content is truthful, highly accurate, free from malware, and does not violate any Applicable Laws.
9.4 Right to Remove and Edit Content
The Company reserves the absolute right, acting at its sole discretion and without notice, to monitor, screen, edit, refuse to post, or permanently delete any User Content that we determine to be inappropriate, defamatory, offensive, legally risky, or in breach of these Terms.
9.5 Complete Indemnity for User Submissions
You agree to completely indemnify, defend, and hold harmless the Company against all third-party claims, statutory penalties, damages, litigation expenses, and liabilities arising directly or indirectly from your User Content.
10. Third-Party Websites and Links
10.1 Access to External Content
The Website may contain hypertext links, API integrations, or banner advertisements directing Users to external web portals, government regulatory platforms, such as the NUPRC or NMDPRA portals, industry associations, financial news networks, or third-party service providers, referred to as “Third-Party Sites”.
10.2 Disclaimer of Liability and Non-Endorsement
- Third-Party Sites are entirely independent of the Company. We do not exercise editorial control, supervisory oversight, or technical management over the content, security infrastructure, or operational policies of these external platforms.
- The inclusion of any link does not imply, constitute, or convey an endorsement, sponsorship, recommendation, or warranty by the Company regarding the third party, its digital assets, products, or services.
- No Reliance: Your decision to access, browse, or execute transactions on Third-Party Sites is undertaken entirely at your own operational and financial risk. The Company shall not be liable for any damages, security infections, data losses, or commercial disputes resulting from your interaction with Third-Party Sites.
10.3 Separate Legal Terms Apply
When you navigate away from our Website to a Third-Party Site, our Terms, Privacy Policy, and Cookie Policy cease to apply. You are strongly advised to review the distinct terms of use, privacy notices, and security protocols of any external portal prior to providing personal details or executing transactions.
11. Accuracy of Information
11.1 General Informational Purposes Only
While the Company expends commercially reasonable efforts to ensure that the factual data, corporate descriptions, and operational updates published on the Website are accurate at the time of publication, all Content is provided strictly on an “AS IS” and “AS AVAILABLE” basis.
11.2 No Guarantee of Completeness or Timeliness
The Company makes no express or implied representations, warranties, or guarantees regarding the absolute correctness, completeness, reliability, precision, or up-to-date nature of any Content published on the Website. Typographical errors, technical inaccuracies, and stale data may occur.
11.3 Dynamic Nature of the Energy Sector
The oil and gas industry is highly volatile and subject to rapid global economic shifts, geopolitical events, OPEC+ production quotas, regulatory amendments, and operational exigencies. Consequently, all data relating to crude oil production volumes, natural gas reserves, commodity pricing indices, supply chain logistics, refinery outputs, and operational milestones published on this Website are subject to immediate variation without prior notice. The Company undertakes no binding obligation to update forward-looking statements or historical data.
12. Investment, Technical and Professional Disclaimer
12.1 Not Legal, Financial, or Investment Advice
The Content provided on this Website including financial statements, annual investor reports, stock market performance metrics, executive presentations, and strategic outlooks is published exclusively for general corporate communication and informational visibility. Nothing on this Website constitutes, or is intended to constitute, legal, tax, financial, investment, securities, or regulatory advice.
12.2 Forward-Looking Statements Disclaimer
- Certain publications on the Website may contain forward-looking statements within the meaning of international and domestic securities laws. These statements typically utilize terminology such as “anticipate,” “believe,” “estimate,” “expect,” “forecast,” “intend,” “plan,” “project,” “target,” “roadmap,” or “strategy.”
- Such statements reflect the Company’s current expectations regarding future operational performance, hydrocarbon discoveries, financial growth, and energy transition targets. However, they are inherently subject to massive commercial risks, geological uncertainties, capital market volatility, regulatory restructuring under the Petroleum Industry Act 2021, and unforeseen global macroeconomic disruptions.
- Actual operational or financial results may differ materially from those projected. Users must not place undue or definitive reliance on forward-looking statements.
12.3 Technical, Engineering, and Environmental Disclaimer
Technical reports, seismic evaluations, geological summaries, engineering schematics, Environmental Impact Assessments (EIAs), ESG carbon metrics, and front-end engineering frameworks published on the Website do not constitute formal engineering, environmental, or operational advisory opinions.
12.4 Obligation to Seek Independent Counsel
Users, potential equity investors, joint venture partners, contractors, and commercial off-takers are legally mandated to retain and consult their own independent legal counsel, certified public accountants, financial analysts, chartered engineers, and petroleum economists before executing any contractual agreement, investment decision, or commercial transaction based on Website Content.
13. Recruitment and Career Opportunities
13.1 Application Processing
The Website provides a dedicated careers portal enabling prospective candidates to browse job descriptions and submit applications, educational credentials, and curriculum vitae (CVs) directly to our Talent Acquisition Department.
13.2 Warranty of Applicant Information Accuracy
By submitting an online job application, you expressly represent and warrant that:
- All personal information, academic histories, professional qualifications, employment records, and background disclosures provided are absolutely truthful, accurate, complete, and verifiable.
- Providing fabricated documents, false academic certificates, or misleading professional histories constitutes a material fraudulent misrepresentation.
- If discovered at any stage of the recruitment process or post-employment, such misrepresentation will result in the immediate rejection of your application, withdrawal of any conditional offer of employment, or summary dismissal without compensation, alongside potential referral to law enforcement agencies for criminal prosecution under Nigerian fraud statutes.
13.3 Robust Anti-Recruitment Fraud Warning
- All official correspondence relating to job opportunities, interview invitations, and employment offers will originate exclusively from verified corporate email accounts utilizing our primary domain, @energyconsultingpractice.com.
- We do not utilize public webmail domains, such as @gmail.com, @yahoo.com, or @outlook.com, or independent third-party recruitment brokers who demand upfront processing payments.
- If you receive fraudulent solicitations demanding payment in the Company’s name, you are urged to immediately terminate communication and report the scam to our compliance team at compliance@energyconsultingpractice.com. The Company assumes no legal liability for financial losses resulting from recruitment scams conducted by unauthorized impostors.
13.4 Disclaimer of Contractual Obligation
The publication of job vacancies, submission of a CV, participation in online psychometric evaluations, or receipt of automated application acknowledgments does not create an express or implied employment contract, nor does it guarantee employment or job placement within the Company.
14. Privacy and Data Protection
14.1 Complete Adherence to Statutory Data Frameworks
The Company respects the fundamental privacy rights of all Users. All collection, usage, processing, storage, transmission, and disposal of your Personal Data obtained through your interaction with the Website is conducted in rigorous compliance with the Nigerian Data Protection Act (NDPA), 2023, the Nigeria Data Protection Regulation (NDPR), and statutory guidance issued by the Nigeria Data Protection Commission (NDPC).
14.2 Integration of the Privacy Notice
The specifics of our data processing methodologies including categories of data collected, lawful bases for processing, such as consent, contract necessity, legal obligation, or legitimate interest, data retention schedules, third-party data sharing protocols, and technical security controls are comprehensively set out in our official Privacy Notice, which is fully incorporated into these Terms by reference. You can access the complete Privacy Notice here: Privacy Policy.
14.3 User Data Subject Rights
Under the NDPA 2023, you retain fundamental enforceable rights regarding your Personal Data, including:
- The right to request access to and receive a copy of your Personal Data held by us.
- The right to demand the immediate rectification of inaccurate or incomplete Personal Data.
- The right to request the erasure (“right to be forgotten”) of your Personal Data where there is no legal justification for continued retention.
- The right to object to or request the restriction of specific processing activities.
- The right to data portability.
- The right to lodge a formal statutory grievance with the Nigeria Data Protection Commission (NDPC).
To exercise any of these statutory rights, or to submit data protection inquiries, you must communicate with our designated Data Protection Officer (DPO) via written correspondence directed to compliance@energyconsultingpractice.com.
14.4 Cross-Border Data Transfers
Due to the multinational nature of our oil and gas joint ventures and technical support partnerships, your Personal Data may be transferred to, stored, or processed in jurisdictions outside the Federal Republic of Nigeria. In such instances, the Company ensures complete legal compliance by verifying that recipient countries maintain an adequate level of data protection, or by executing binding Standard Contractual Clauses (SCCs) and Data Transfer Agreements approved by the NDPC.
14.5 Data Security Commitments
The Company deploys enterprise-grade administrative, physical, and technical security safeguards including end-to-end cryptographic protocols (SSL/TLS), web application firewalls (WAF), secure access service edge (SASE) controls, and strict role-based access management to protect your Personal Data against unauthorized access, accidental destruction, alteration, or unlawful disclosure.
15. Cookies and Tracking Technologies
15.1 Deployment of Cookies
To enhance navigational efficiency, analyze system performance, personalize user experience, and gather essential analytical metrics, the Website utilizes small electronic tracking files known as “Cookies,” alongside web beacons, clear GIFs, and pixel tags.
15.2 Categorization of Tracking Technologies
The Website deploys the following categories of cookies:
- Strictly Necessary Cookies: Essential technical files required for the fundamental operation, session maintenance, load balancing, and security access control of the Website. These cookies cannot be deactivated.
- Performance and Analytical Cookies: Tracking mechanisms that collect aggregated, anonymized metrics regarding User traffic, page navigation speeds, crash logs, and geographic access locations, for example via Google Analytics.
- Functional Cookies: Files that remember User personalization choices, language preferences, and interface formatting selections.
- Targeting and Advertising Cookies: Specialized tracking tags that map User interaction to deliver highly relevant corporate updates or stakeholder announcements.
15.3 Statutory Consent Mechanism
In accordance with the NDPA 2023 and NDPC Guidelines, non-essential cookies will not be deployed onto your device without your explicit, granular, affirmative consent. Upon your initial visit to the Website, an interactive Cookie Consent Banner will appear, granting you the sovereign authority to “Accept All Cookies,” “Reject Non-Essential Cookies,” or customize your specific tracking preferences via our cookie preference center.
15.4 User Administrative Controls
You retain the absolute technical capability to withdraw consent, block tracking files, or purge existing cookies at any time by modifying the administrative privacy settings of your web browser, including Google Chrome, Mozilla Firefox, Microsoft Edge, or Apple Safari. Detailed instructions and operational disclosures regarding our tracking architecture are detailed in our Cookie Policy: Cookie Policy.
16. Confidentiality
16.1 Scope of Confidential Information
During your usage of specialized interactive portals, such as contractor procurement bidding platforms, joint venture data rooms, or vendor management interfaces, you may be granted access to non-public, sensitive Confidential Information owned by the Company. This includes geological data, technical schematics, pricing models, unreleased financial metrics, contractual terms, and proprietary software.
16.2 Non-Disclosure Obligations
By accessing such portals, you undertake an absolute legal obligation to:
- Hold all Confidential Information in the strictest confidence.
- Use the Confidential Information solely for the specific operational purpose for which access was granted.
- Refrain from disclosing, reproducing, transmitting, broadcasting, or publishing any Confidential Information to any third party, competitor, news media organization, or external individual without the Company’s express prior written consent executed under seal.
- Implement robust physical and digital security measures to prevent unauthorized internal or external leaks of the Confidential Information.
16.3 Injunctive Relief for Breach
You explicitly acknowledge that monetary damages alone would be entirely inadequate to compensate the Company for any breach of this confidentiality clause. Accordingly, the Company shall be entitled to seek immediate interim, interlocutory, and perpetual injunctive relief from any competent court of law to restrain threatened or ongoing breaches, without the necessity of posting a financial bond, alongside claims for maximum quantifiable damages.
17. Limitation of Liability
17.1 Essential Legal Caveat
17.2 Exclusion of Consequential and Indirect Losses
Under no circumstances, legal theories, or causes of action whether arising in contract, tort, including strict liability and negligence, breach of statutory duty, equity, or otherwise shall the Company, its board of directors, executive officers, regular employees, technical consultants, joint venture partners, licensors, or authorized agents be held liable to the User or any third party for any:
- Indirect, incidental, special, consequential, punitive, or exemplary damages.
- Loss of commercial profits, anticipated financial savings, commercial revenue, or business opportunities.
- Loss or corruption of operational data, database entries, or digital records.
- Loss of corporate goodwill, market reputation, or brand equity.
- Losses resulting from business interruption, supply chain delays, or operational shutdown.
17.3 Specific Operational Exclusions
The Company assumes no liability whatsoever for any damages or losses arising out of or directly related to:
- System Downtime and Failures: Any temporary or prolonged unavailability, network latency, system crashes, or scheduled maintenance outages affecting the Website or its interactive recruitment and procurement portals.
- Cybersecurity Incidents: Any infection of User hardware, software, or computer networks resulting from malicious malware, ransomware, Zero-Day exploits, denial-of-service attacks, or data interception executed by sophisticated cybercriminals targeting the Website.
- Data Accuracy: Any commercial transactions, investment allocations, engineering designs, or operational decisions made by the User in reliance upon stale, erroneous, or incomplete Content published on the Website.
- Third-Party Actions: Any tortious, fraudulent, illegal, or unauthorized actions committed by external third parties operating outside the direct supervisory control of the Company.
17.4 Overall Financial Cap
In the event that any competent regulatory body, arbitral tribunal, or court of law sets aside any portion of the aforementioned exclusions, the total aggregate financial liability of the Company for all direct, proven, and quantifiable losses arising out of or connected to these Terms or the use of the Website shall be strictly limited to the nominal sum of Fifty Thousand Nigerian Naira (₦50,000.00).
18. Indemnity
You agree to fully defend, indemnify, and hold harmless the Company, its holding entities, operating subsidiaries, joint venture operating partners, board members, executive officers, employees, legal representatives, and technical agents from and against all third-party lawsuits, formal statutory proceedings, regulatory penalties, economic damages, litigation liabilities, arbitral awards, and out-of-pocket legal expenses, including full indemnity for solicitor-and-client legal fees, arising out of or directly connected to:
- Your intentional or negligent breach of any covenant, warranty, or operational restriction contained in these Terms.
- Your unlawful access to, misuse of, or unauthorized scraping of the Website Content or databases.
- Your upload or broadcast of User Content that infringes upon third-party Intellectual Property Rights, privacy rights, or common law defamation protections.
- Your violation of any Applicable Laws, including cybercrime statutes, data protection frameworks, or petroleum sector regulations.
19. Force Majeure
19.1 Definition of Force Majeure Events
The Company shall not be deemed to be in breach of these Terms, nor shall we be held liable for any failure, delay, or interruption in providing access to the Website or processing interactive online submissions, if such non-performance is caused directly or indirectly by events, circumstances, or causes beyond our commercially reasonable control, referred to as a “Force Majeure Event”. Force Majeure Events include:
- Acts of God, catastrophic weather occurrences, severe floods, earthquakes, tempests, or unseasonal atmospheric disturbances.
- Outbreak of global pandemics, international public health emergencies, regional epidemics, or state-mandated quarantine lockdowns.
- Acts of war, whether declared or undeclared, international armed conflicts, civil blockades, armed insurrections, host community riots, ethnic unrest, or acts of domestic or international terrorism.
- Widespread industrial disputes, national labor union strikes, or severe trade union disruptions affecting telecommunications or energy infrastructure.
- Total breakdown or severe failure of national electricity grids, trunk telecommunications links, undersea fiber-optic cables, or regional internet exchange points.
- Major legislative restructuring, emergency regulatory embargoes, executive orders, or formal statutory interventions executed by statutory bodies, including NUPRC, NMDPRA, NUPENG, PENGASSAN, or the Federal Government of Nigeria.
19.2 Operational Suspension
During the subsistence of a Force Majeure Event, the Company’s obligations under these Terms shall be deemed automatically suspended. We reserve the right to temporarily disable interactive features, shut down procurement portals, or take the Website entirely offline to safeguard corporate infrastructure until normal operational parameters can be restored.
20. Suspension and Termination
20.1 Unilateral Termination Rights
The Company retains the absolute, unchallengeable, and sovereign right to restrict network access, block specific IP addresses, suspend registered user accounts, revoke recruitment portal credentials, or permanently terminate your access to the Website at any time, without prior notice or financial compensation, for any of the following reasons:
- Material breach of any operational restriction or legal covenant articulated within these Terms.
- Detection of automated data scraping, malicious vulnerability probing, credential stuffing, or cyber-attack execution originating from your network identifiers.
- Receipt of formal statutory directives, court orders, or law enforcement warrants mandating the immediate termination of your digital access.
- Commercial restructuring, system decommissioning, or permanent retirement of the Website portal.
20.2 Post-Termination Survival of Clauses
Upon the termination or revocation of your access rights, all usage licenses granted to you under Clause 5 shall terminate immediately. However, all structural legal provisions designed to govern post-operational relationships shall survive termination and remain fully binding and enforceable against you in perpetuity. Surviving clauses include:
- Clause 2 (Definitions and Interpretation)
- Clause 7 (Cybersecurity and Reporting Obligations)
- Clause 8 (Intellectual Property Rights)
- Clause 9.2 and 9.5 (User Content Licensing and Indemnity)
- Clause 12 (Investment, Technical and Professional Disclaimer)
- Clause 16 (Confidentiality)
- Clause 17 (Limitation of Liability)
- Clause 18 (Indemnity)
- Clause 21 (Regulatory Compliance)
- Clause 24 (Governing Law and Jurisdiction)
- Clause 25 (Dispute Resolution)
21. Regulatory Compliance
21.1 Strict Domestic Statutory Adherence
The User agrees that all interactions with the Website, submission of documentation, and execution of online operations must comply strictly with all Applicable Laws of the Federal Republic of Nigeria. Specifically, Users must ensure absolute compliance with the administrative and operational directives of the Petroleum Industry Act 2021, the Nigerian Data Protection Act 2023, the Cybercrimes Act 2015 (as amended), and the regulatory frameworks enforced by the NUPRC and NMDPRA.
21.2 International Trade Sanctions and Embargoes
Where the User accesses the Website from foreign jurisdictions, or engages in commercial interactions through our supplier portals, the User warrants and represents that they are strictly compliant with international economic sanctions. You warrant that you are not located in, incorporated under the laws of, or ordinarily resident in any country or territory subject to comprehensive international sanctions, nor are you listed on any restricted parties lists maintained by the United Nations Security Council (UNSC), the United States Office of Foreign Assets Control (OFAC), the European Union, or the United Kingdom Treasury.
21.3 Anti-Bribery and Anti-Corruption (ABAC) Compliance
The Company maintains an unyielding, zero-tolerance policy against all forms of public and private sector corruption, bribery, extortion, illicit kickbacks, and financial influence-peddling. In all interactions with the Company or its online web portals, the User explicitly agrees to adhere completely to:
- The Corrupt Practices and Other Related Offences Act, 2000, enforced by the ICPC.
- The Economic and Financial Crimes Commission (Establishment) Act, 2004, enforced by the EFCC.
- The United States Foreign Corrupt Practices Act (FCPA) and the United Kingdom Bribery Act 2010, where applicable to multinational joint operations.
- Any solicitation, offering, promising, or giving of unauthorized financial advantages to any Company official or recruitment agent via Website communications will result in immediate disqualification, contract blacklisting, and reporting to anti-graft law enforcement authorities.
22. Consumer Rights
22.1 FCCPA Safe Harbor Provision
22.2 Preservation of Consumer Remedies
If you access this Website in the capacity of a legally protected “Consumer” as defined under Section 167 of the FCCPA, your fundamental statutory rights regarding transparency of information, freedom from deceptive misrepresentations, and protection from unconscionable contractual terms are fully preserved. Where any specific clause within these Terms conflicts directly with mandatory public consumer protection laws, the statutory provisions of the FCCPA shall prevail strictly to the extent of such inconsistency, without invalidating the remainder of this legal instrument.
23. Amendments to the Terms
23.1 Absolute Right of Unilateral Variation
The Company reserves the unfettered corporate right, acting unilaterally and at its absolute discretion, to review, modify, update, append, or replace these Terms at any time. Regulatory restructuring under the Petroleum Industry Act, statutory cybersecurity amendments, or technical upgrades to our digital interfaces may necessitate periodic revisions.
23.2 Effective Date of Modifications
Any amended version of these Terms will be published immediately on this specific page, Terms of Use, alongside a revised “Effective Date” timestamp displayed prominently at the header of the document.
23.3 User Obligation to Review
The Company is under no legal obligation to issue individual email notices regarding standard contractual amendments. It is your personal, ongoing operational responsibility to regularly inspect this page to ensure your awareness of prevailing terms. Your continued access to, browsing of, or interaction with the Website subsequent to the publication of amended Terms constitutes your full, legally binding electronic assent to be governed by the revised contractual provisions.
24. Governing Law and Jurisdiction
24.1 Exclusive Governing Law
These Terms, your usage of the Website, any non-contractual obligations arising out of or connected to this platform, and any corporate communications executed herein shall be governed by, construed, interpreted, and enforced exclusively in accordance with the substantive and procedural Laws of the Federal Republic of Nigeria, without regard to strict conflict of law principles or international choice-of-law conventions.
24.2 Sovereign Judicial Jurisdiction
Subject strictly to the mandatory alternative dispute resolution protocols established in Clause 25 below, you explicitly agree that any formal judicial litigation, application for interim injunctive relief, enforcement of arbitral awards, or appellate proceedings arising out of or relating to these Terms or your access to the Company’s digital assets shall be instituted and prosecuted exclusively before the Federal High Court of Nigeria or the High Court of a State / Federal Capital Territory, depending on the constitutional subject-matter jurisdictional boundaries established under Sections 251 and 272 of the Constitution of the Federal Republic of Nigeria 1999 as amended. You hereby irrevocably submit to the personal and exclusive jurisdiction of these Nigerian judicial forums and waive any legal objections based on forum non conveniens.
25. Dispute Resolution
To ensure commercial stability, preserve corporate confidentiality, and avoid the protracted timelines of public court litigation, any dispute, controversy, claim, or difference arising out of, relating to, or connected with these Terms, the breach, termination, or invalidity thereof, or the operational usage of the Website, hereinafter referred to as a “Dispute”, shall be resolved strictly in accordance with the tiered dispute resolution framework detailed below.
25.1 Tier 1: Good-Faith Amicable Negotiations
- Upon the emergence of a Dispute, the aggrieved party must initiate the resolution process by serving a formal written Notice of Dispute upon the other party. The Notice must articulate the precise factual background, legal claims, and specific remedies demanded.
- For a period of thirty (30) business days following confirmed receipt of the Notice of Dispute, authorized executive representatives of both the User and the Company’s Legal Department shall meet, physically or via secure electronic conferencing, to engage in good-faith, confidential, and amicable negotiations aimed at achieving a mutually acceptable commercial settlement.
25.2 Tier 2: Formal Statutory Mediation
- If the Dispute remains unresolved upon the expiration of the 30-day negotiation window, either party may formally refer the matter to structured mediation.
- The mediation shall be conducted under the auspices of, and in strict accordance with the Mediation Rules of the Lagos Multi-Door Courthouse (LMDC) or the Abuja Multi-Door Courthouse (AMDC).
- The parties shall mutually appoint a single, highly qualified CEDR-accredited or equivalent mediator. The administrative expenses of the mediation facility shall be borne equally by the parties, while each party retains sole responsibility for its own legal counsel fees. The entire mediation process shall remain strictly confidential.
25.3 Tier 3: Binding Commercial Arbitration
- In the event that mediation fails to yield a fully executed settlement agreement within forty-five (45) days of reference, the Dispute shall be definitively and finally resolved by binding commercial arbitration.
- Governing Statute: The arbitration shall be governed strictly by the provisions of the Arbitration and Mediation Act, 2023 of the Federal Republic of Nigeria.
- Arbitral Rules: The proceedings shall be conducted in accordance with the Arbitration Rules of the Nigerian Institute of Chartered Arbitrators (NICArb) or the Chartered Institute of Arbitrators (CIArb Nigeria Branch) prevailing at the time of reference.
- Composition of Tribunal: The arbitral tribunal shall consist of a sole arbitrator mutually appointed by the parties. If the parties fail to agree upon a sole arbitrator within fourteen (14) days, the appointment shall be made by the President of NICArb or the Chairman of CIArb Nigeria Branch.
- Seat and Venue: The legal seat, place, and venue of the arbitration shall be Lagos, Nigeria or Abuja, FCT, at the Company’s explicit discretion.
- Language of Arbitration: All procedural filings, oral hearings, documentary evidence, and the final arbitral award shall be conducted and delivered exclusively in the English language.
- Finality of Award: The arbitral award delivered by the sole arbitrator shall be issued in writing, state the structural reasons upon which it is based, and shall be final, binding, and entirely enforceable against the parties in any court of competent jurisdiction.
- Waiver of Public Litigation: By assenting to these Terms, the User explicitly waives any fundamental right to initiate public civil litigation regarding any covered Dispute, save for specialized applications demanding interim preservation orders or injunctive relief in support of arbitration pending before the tribunal.
26. Severability
If any section, subsection, clause, provision, or legal covenant contained within these Terms is determined by any competent court of law, arbitral tribunal, or regulatory authority to be legally invalid, unlawful, unconstitutional, void, or totally unenforceable under Applicable Laws:
- Such specific provision shall be executed under the statutory “blue-pencil” rule, meaning it shall be severed and excised from this document entirely.
- The severance of such offending clause shall not affect, impair, corrupt, or invalidate any other portion of these Terms.
- All remaining structured provisions, covenants, and disclaimers shall survive and continue to operate with absolute legal force, validity, and commercial enforceability, exactly as if the offending provision had never been incorporated herein.
27. Waiver
- No failure, delay, or operational relaxation by the Company in exercising any sovereign corporate right, statutory remedy, legal power, or procedural privilege under these Terms or Applicable Laws shall operate, or be construed, as a legal waiver thereof.
- No single or partial exercise of any right or remedy shall preclude any other, further, or future exercise thereof, or the exercise of any other available statutory or common law right.
- A formal waiver of any operational restriction or legal default by the Company shall only be legally valid and enforceable against us if it is executed explicitly in writing, highly granular in its terms, and signed under hand or seal by the Head of Legal & Compliance or a duly authorized Executive Director of the Company.
28. Entire Agreement
These Terms of Reference and Terms of Use, when read alongside our fully incorporated Privacy Notice, Cookie Policy, and any specialized web portal access agreements, such as vendor procurement terms or investor self-service rules, constitute the sole, complete, and entire digital agreement between the User and TECP regarding your access to, navigation of, and operational interaction with the Website.
This legal instrument completely supersedes, replaces, and extinguishes all prior or contemporaneous drafts, discussions, oral representations, marketing guarantees, electronic communications, or written understandings previously existing between the parties relating to the subject matter contained herein.
29. Contact Information
For formal legal service of process, regulatory notifications, data protection inquiries, whistleblowing disclosures, or technical assistance regarding these Terms or the Website operations, please communicate with the Company via the designated structural channels detailed below:
Primary Corporate Headquarters
The Energy Consulting Practice LLP
Block 5, No 11, Philip Aduda Street, Wuye District, Abuja, Nigeria
Legal & Regulatory Compliance Department
Attention: The Company Secretary / Legal Adviser
Email: compliance@energyconsultingpractice.com
Data Protection Officer (DPO)
Attention: The Data Protection Officer
Email: compliance@energyconsultingpractice.com
Cybersecurity Operations & Threat Reporting
Attention: Chief Information Security Officer (CISO)
Email: compliance@energyconsultingpractice.com
Recruitment Fraud & Ethics Whistleblowing Hotline
Attention: Internal Audit & Ethics Committee
Email: compliance@energyconsultingpractice.com