TERMS AND CONDITIONS

1. Introduction

VendPlus ( “we") operate a classified website (“marketplace"), for advertising products to Buy, Sell, Auction, Gift, Exchange, Job Offer and Job Wanted in Nigeria (“territory").

These terms and conditions shall apply to buyers and sellers on the marketplace and shall govern your use of the marketplace.

By using our marketplace, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you should not use our marketplace.

By using our marketplace for business as an individual or organizational, you agree to:

Confirm that you have obtained the necessary authority to agree to these general terms and conditions;

Bind both yourself and the person, company or other legal entity that operates their business  to these terms and conditions; and

That “you" in these terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.

2. Account Registration

You may not register with our marketplace if you are under 18 years of age (by using our marketplace or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age).

You may register for an account with our marketplace by completing and submitting the registration form on our marketplace.

You represent and warrant that all information provided in the registration form is complete and accurate.

If you register for an account with our marketplace, you will be asked to provide an email address/username and password and you agree to:

Keep your password confidential;

Change your password immediately you become aware of any disclosure of your password; and

Be responsible for any activity on our marketplace arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.

Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.

You may delete your account on our marketplace by contacting us.

3. Terms and Conditions of Ad

You acknowledge and agree that:

The marketplace provides an online location for Ad Authors to post an Ad and interested customers to contact the Ad author to close the order.

VendPlus is not a party to the transaction between the seller and the buyer; and

Subject to these terms and conditions, the seller’s terms of business shall govern the contract for sell and purchase between the buyer and the seller.

Products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer; and

The seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings

4. Content Rules

In these terms and conditions, “your content" means: all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our marketplace for storage or publication, processing by, or onward transmission; and

All communications on the marketplace, including product reviews, feedback and comments.

Your content, and the use of your content by us in accordance with these terms and conditions, must be accurate, complete and truthful.

Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet, and must not:

Be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;

Depict violence in an explicit, graphic or gratuitous manner; or

Be blasphemous, in breach of racial or religious hatred or discrimination legislation;

Be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;

Cause annoyance, inconvenience or needless anxiety to any person; or

Constitute spam.

Your content must not be illegal or unlawful, infringe any person’s legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:

Any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;

Any right of confidence, right of privacy or right under data protection legislation;

Any contractual obligation owed to any person; or

Any court order

You must not use our marketplace to link to any website or web page consisting of or containing material that would, were it posted on our marketplace, breach the provisions of these terms and conditions

You must not submit to our marketplace any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The comment function on the marketplace may be used to facilitate customers comments on products. You shall not use the comment function or any other form of communication to provide inaccurate, inauthentic or fake comments.

You must not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or (ii) communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item; or (iii) contacting another user with the intent to collect any payments

You acknowledge that all users of the marketplace are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.

We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.

If you learn of any unlawful material or activity on our marketplace, or any material or activity that breaches these terms and conditions, you may inform us by contacting us.

5. Our Rights to Use your Content

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.

Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of your content.

Sellers shall be directly responsible to buyers for any misuse of their personal data and VendPlus shall bear no liability to buyers in respect of any misuse by sellers of their personal data.

6. VendPlus’s role as a Marketplace

You acknowledge that:

We do not confirm the identity of all marketplace users, check their credit worthiness or bona fides, or otherwise vet them;

We do not check, audit or monitor all information contained in listings;

We are not party to any contract for the sale or purchase of products advertised on the marketplace;

We are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers

We are not the agents for any Ad author.

and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

We do not warrant or represent:

The completeness or accuracy of the information published on our marketplace;

That the material on the marketplace is up to date; or

That the marketplace will operate without fault

We reserve the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, at any time in our sole discretion without notice or explanation.

7. Breaches of these Terms and Conditions

If we permit the registration of an account on our marketplace it will remain open indefinitely, subject to these terms and conditions.

If you breach these terms and conditions, or if we reasonably suspect that you have breached these terms and conditions in any way we may:

temporarily suspend your access to our marketplace;

permanently prohibit you from accessing our marketplace;

block computers using your IP address from accessing our marketplace;

contact any or all of your internet service providers and request that they block your access to our marketplace;

suspend or delete your account on our marketplace; and/or

commence legal action against you, whether for breach of contract or otherwise.

Where we suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

8. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

9. Third Party Rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party

The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party

10. Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of the territory.

Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory