ACCEPTANCE OF THE TERMS
ALL SERVICES RENDERED BY THE ADMINISTRATOR ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” AND THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY GUARANTEES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE, AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED.
THE ADMINISTRATOR HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE EXISTENCE, QUALITY, SAFETY, OR LEGALITY OF GOODS AND SERVICES PUBLISHED BY USERS ON THE PLATFORM; THE TRUSTWORTHINESS OR ACCURACY OF INFORMATION PROVIDED BY USERS IN THE ANNOUNCEMENTS; THE ABILITY OF SELLERS TO SELL GOODS OR PROVIDE SERVICES; THE ABILITY OF BUYERS TO PAY FOR GOODS OR SERVICES; OR THAT A USER WILL ACTUALLY COMPLETE A TRANSACTION. THE ADMINISTRATOR MAKES NO GUARANTEES CONCERNING THAT MANUFACTURING, IMPORT, EXPORT, OFFER, DISPLAYING, PURCHASE, SALE, ADVERTISING, AND/OR USE OF PRODUCTS OR SERVICES, WHICH ARE OFFERED OR DISPLAYED ON THE PLATFORM, DO NOT INFRINGE ANY THIRD PARTIES’ RIGHTS. THEREFORE, THE ADMINISTRATOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH MATERIALS AND INFORMATION POSTED BY USERS ON THE PLATFORM.
YOU ARE ENCOURAGED TO CHECK THE GOODS BEFORE PAYMENT AND TO REQUEST THE SELLER TO PROVIDE DOCUMENTS CONFIRMING COMPLIANCE OF THE GOODS WITH APPLICABLE REQUIREMENTS OF LAWS, REGULATIONS, RULES, GUIDELINES, STANDARDS.
YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY, AND YOU UNDERSTAND THAT YOU SHOULD MEET WITH OTHER INDIVIDUALS FOR COMPLETION OF A TRANSACTION ONLY IN SAFE PUBLIC PLACES IN DAYLIGHT HOURS. YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING DUE DILIGENCE OF ANY INDIVIDUAL OR ORGANIZATION REQUESTING A MEETING TO CONDUCT A JOB INTERVIEW OR TO COMPLETE A TRANSACTION.
THE ADMINISTRATOR DISCLAIMS ANY RESPONSIBILITY FOR USER’S INTERACTION WITH ANY INDIVIDUAL OR ORGANIZATION.
In order to use certain features of the Service, you may need to register an account on the Platform (the “Account”) and provide certain information about yourself as prompted by the registration form.
You may create an Account as an individual or as an authorized representative of a company.
You can register only one Account. If more than one person accesses their Account from the same device, we may request that they upload proof of identity to avoid duplicate accounts.
You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account, and that you are fully responsible and liable for any activity performed using your Account access details.
You hereby represent and warrant to us that you have reached the age of majority or are accessing the Service under the supervision of a parent or legal guardian. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to your using the Service.
We reserve the right to suspend or terminate your Account or your access to the Service, with or without notice to you, in the event that you breach these Terms.
You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
The Platform is an online service that allows users to create and publish announcements, view announcements published by other users, and communicate with other users using the contact details provided in the announcements.
The Administrator itself is not an importer, manufacturer, distributor, or seller of any item, nor a provider of any service posted by users on the Platform. Additionally, the Administrator is neither a marketer nor a person acting on behalf of users with respect to the marketing of any goods or services posted on the Platform. The actual sale and purchase contracts or service contracts are entered into directly between the users, and the Administrator itself is not a party to such transactions. The Administrator provides users with an opportunity to communicate.
Users shall be solely responsible for collecting and remitting any applicable taxes resulting from the sale of their goods or services posted on the Platform.
The Administrator reserves the right to delete or block access to announcements posted by users without notice in the event of: (i) receiving mandatory judgments of competent public authorities; (ii) a claim of a holder of intellectual property rights to terminate infringement of their rights by a user on the Platform; (iii) infringements of rights or legal interests of other users, legal entities, or individuals upon their reasonable request; (iv) detecting that an announcement posted by a user on the Platform breaches these Terms or any applicable law, regulation, rule, or standard.
The Administrator is authorized to delete or block user announcements regardless of providing a user with the relevant substantiation.
The Administrator retains the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Administrator’s actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and you agree that the Administrator has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
Each user of the Service is solely responsible for any and all of their User Content (as defined below). Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such users. You agree that the Administrator will not be responsible for any loss or damage incurred as a result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, “Third Party Ads”). Such Third-Party Ads are not under the control of the Administrator, and the Administrator is not responsible for any Third-Party Ads. The Administrator provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by online properties to which the Third-Party Ads lead may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such online properties. When you link to third-party online properties, the applicable service provider’s terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-Party Ads found on or through the Service, including payment and delivery of related goods or services, are solely between you and such third party.
You hereby release us, our officers, employees, agents, and successors from claims, demands, and all losses, damages, rights, claims, and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arise from any interactions with or conduct of any Service users or any Third-Party Ads.
POSTING OF ANNOUNCEMENTS BY USERS
A user shall provide the Administrator with any documents confirming the legitimacy of posting announcements and identity documents upon the Administrator’s request.
A user who posts announcements regarding the sale of goods or services on the Platform shall provide precise and complete information about such goods and services, as well as the terms and conditions of sale and service provision.
The terms and conditions of sale and service provision developed by the user shall not interfere with these Terms and applicable laws.
The price of goods or services shall be exact. If it is subject to change due to specific circumstances, this shall be provided in the announcement.
When uploading a YouTube video to your announcement through YouTube API Services functionality offered by the Administrator, you are agreeing to be bound by the YouTube Terms of Service available at: https://www.youtube.com/t/terms.When uploading a Facebook video to your announcement through Facebook Embedded Video & Live Player functionality offered by the Administrator, you are agreeing to be bound by the Meta Platform Terms available at https://developers.facebook.com/terms/ and the Facebook Terms of Service available at https://www.facebook.com/terms.php.
The Platform is generally free, but it may contain payable services. For instance, we may set limits for publishing announcements in certain categories or offer advertising options for announcements on the Platform.
You are eligible to register more than one Account if you use payable services on each of them.
The fees we charge for using payable services and the payment methods accepted by us are disclosed on the Platform.
We reserve the right, in our sole discretion, to change the fees and acceptable payment methods from time to time and for any reason.
Unless otherwise explicitly provided by mandatory rules of applicable law, the fees are non-refundable due to the nature of online services.
Your payments for the services are governed by the Billing Policy (https://naijamart.com/billing-policy).
USER REPRESENTATIONS AND WARRANTIES
By using the Service, you represent and warrant that:
You agree to indemnify and hold the Administrator, its successors, subsidiaries, affiliates, related companies, its suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each of them harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of:
The Administrator reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR THIRD PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SERVICE AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE ADMINISTRATOR TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE, CONTENT OF ANNOUNCEMENTS, IS LIMITED TO THE LESSER OF THE AMOUNTS YOU HAVE PAID, IF ANY, TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR NGN37,000.
INTELLECTUAL PROPERTY RIGHTS
You grant the Administrator the non-exclusive, worldwide, transferable, perpetual, irrevocable right to copy, modify, adapt, store, publish, distribute, publicly display and perform, communicate, and make available to the public the User Content in connection with the Service, including to use and make the User Content public on the affiliated website, as well as for the Administrator’s marketing, advertising, and other purposes.
You agree and represent and warrant that your use of the Service, or any portion thereof, will neither infringe nor violate the rights of any other party nor breach any contract or legal duty to any other parties.
Materials on the Platform, except those posted by the user, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. (“Materials”), and trademarks, service marks, and logos included in them (“Marks”), belong to or are licensed by the Administrator representing items of copyright and any other intellectual property rights. Any use of such Materials and Marks without prior notice from the Administrator is not allowed.
Notice for Claims of Intellectual Property Violations and Copyright Infringement
If you are a holder of intellectual property rights or a person authorized to act on behalf of a holder of intellectual property rights and you reasonably believe that information posted to the Platform infringes upon your intellectual property rights or the intellectual property rights of a person on whose behalf you act, you may provide a notification to the Administrator requesting the removal of such material. In this regard, you warrant that your appeal has a legal basis and you act in good faith according to the law.
When providing a relevant notification concerning infringement of rights, you shall ensure that your request corresponds to the form below and includes the following:
The relevant notification shall be sent to the email email@example.com.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed in accordance with the laws of the Republic of Nigeria. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act (Cap. A18) of the Republic of Nigeria. The number of arbitrators shall be one. The seat of arbitration shall be Lagos, Nigeria. The language to be used in the arbitral proceedings shall be English.
Except as otherwise provided, if any provision of these Terms is held to be invalid, void, or for any reason unenforceable, such provision shall be struck out, and shall not affect the validity and enforceability of the remaining provisions.
We may transfer and assign any and all of our rights and obligations under these Terms to any other person, by any means, including by novation, and by accepting these Terms, you give us consent to any such transfer or assignment.
If we fail to take any action with respect to your breach of these Terms, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
In no event shall the Administrator be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Administrator’s reasonable control.
NAIJAMART CONTEST RULES
According to the applicable provisions of the tax legislation of Nigeria, the Company will apply a withholding tax to your award. Therefore, you may receive your award less the respective withholding tax as applied. You are hereby informed and acknowledge that the ultimate responsibility for your federal, state, and municipal individual income taxes and/or other taxes related to the award and legally applicable to you is and remains your responsibility and may exceed the amount actually withheld by the Company.
If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at firstname.lastname@example.org.