Jinja Marketplace – Terms & Conditions

This Seller Contract consists of two parts: (1) the Seller Terms and Conditions; and (2) the General Terms and Conditions of Use of the Jinja Market Place

Seller Terms and Conditions

This Seller Terms and Conditions shall apply to all sellers on the Jinja Market Place Website or Application (‘‘The Website’’ or “Market Place”). By use of the Website you agree to a binding Agreement with Isidore Agritech Limited, a company incorporated under the Companies and Allied Matters Act, 2020 having its registered office at 9, Mabinuori Dawodu Street, Gbagada Lagos. These terms and conditions constitute your binding obligations.

Wherever the context so require “You” or “your” shall mean any natural or legal person who has agreed to sell in the Market Place. Whereas ‘‘we’’ ‘‘us’’ ‘‘our’’ or “Isidore” is a reference to Isidore Agritech Limited.

If you register with our Market Place as a Seller, you agree to a binding Agreement with Isidore Agritech Limited. 

This document is an electronic record in terms of the National Information Technology Development Agency Act, 2007 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the National Information Technology Development Agency Act, 2007. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Conduct of Business 

You agree to conduct your business on the Market Place:

1. with skill and care, and by co-operating with and acting in good faith towards Isidore  and the buyers;
2. in compliance with all policies and guidelines as published on the Market Place from time to time;
3. in accordance with ethical business practices and industry best practice; and
4. in compliance with all applicable laws in force from time to time.

Without prejudice to our other rights, we reserve the right to refuse to grant you access to the Market Place if you breach this Seller Terms and Conditions, the General Terms and Condition of use of the Jinja Market Place or any policies and guidelines published by Isidore on the Market Place from time to time. 

Products

The only products that may be the subject of a listing on our Market Place are products falling within the product categories specified on the Market Place.

You must not advertise, buy, sell or supply through our Market Place any product that:

1. breaches any laws or regulations, or infringes any person’s intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;

2. consists of or contains material that would, if published on our Market Place by you, contravene the rules on content in the general terms and conditions; or

3. is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; swords, firearms or other weapons; ammunition for any weapon; or items that are otherwise prohibited pursuant to the Prohibited and Restricted Products Policy, as may be amended from time to time, or any applicable law.

We operate a zero tolerance approach to counterfeit products. Following a request from us, you must promptly supply to us any information and documentation that we may reasonably request in order to verify the authenticity of products.

Product Listings

You shall be responsible for listing your products on the Market Place by completing a Product Page, which shall include prices, detailed information, specifications and images in respect of each product.

You may not publish more than one listing in respect of each product.

You agree to be solely responsible for all listings submitted to the Market Place and you agree that all listings must:

1. constitute bona fide listings relating to products that are approved by Isidore;
2. comply with the rules on content in the general terms and conditions; and
3. include all such information, specifications and guidelines as may be required pursuant to all applicable laws and regulations, including in respect of consumer protection.

Listings that are submitted may be individually reviewed and approved, at Isidore’s discretion, before they are published on the Market Place, and you acknowledge and agree there may be a lead time between submission of the product page to the Seller Centre and the publishing of the Product page on the Market Place due to time required for Isidore quality control operations.

Without prejudice to our other rights, we reserve the right to reject, unpublish and/or delete any listings that breach these seller terms and conditions, the general terms and conditions or any Isidore  codes, policies or guidelines.

You acknowledge and agree that notwithstanding that we may approve any listings, you shall be fully responsible for the same.

You must keep your listings up to date. In particular, you must deactivate any listings in respect of products that have ceased to be available.

Listings submitted to our website will be automatically processed, and will usually be published within 24 hours following submission; however, we do not guarantee publication within this period.

If we accept your listing submission, then it will remain published on our website for the relevant period set out on our website, subject to these terms and conditions.

Pricing

All prices of products shall be stated inclusive of VAT and any other tax applicable to the transaction and in the Nigerian currency.  

You shall be solely responsible for setting the price of your products on the Market Place. The pricing of your products shall comply with all applicable laws, including competition laws.

Fees

The Fees in respect of all Market Place services and any value added services, will be as set out on the website from time to time. 

We reserve the right to charge commissions and/or fees in the event that the sale is not completed, by way of consideration for the costs of our services rendered.

We may vary commissions and/or fees from time to time, on prior notice to you. This will not affect any liability to pay commission that accrues before the new rates are in force.

If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

VAT and other taxes

All amounts stated on the Market Place are stated inclusive of Value Added Tax (VAT) and any other taxes applicable to the transaction. 

You shall be exclusively liable in respect of all taxes applicable to the transactions entered into on the Market Place with buyers, including VAT, and shall therefore be responsible for the reporting, filing and payment of the same.

Should a competent tax authority determine that Isidore  is liable for payment of any taxes in respect of the transactions on the Market Place, you hereby indemnify and hold harmless Isidore in respect of the same. We may make tax-related deductions to payments processed by us on your behalf and remit such deducted amounts to the relevant government or tax authority.

Promptly following receipt of a written request from us, you must supply to us any information and documentation that we may reasonably request in order to identify you or facilitate our compliance with our legal obligations relating to the taxation of payments made to us or processed by us. We may supply such information and/or documentation to relevant government and tax authorities.

Breaches of Seller Terms and Conditions

If we reasonably determine that you have breached these seller terms and conditions, our general terms and conditions, or any Isidore policies or guidelines, we may:

1. send you one or more formal warnings;
2. suspend, prohibit or block your access to the Market Place;
3. commence legal action against you, whether for breach of contract or otherwise.

The consequences of breach stated above shall also apply if:

1. you fail to satisfy a minimum level of operational performance in order to provide a satisfactory buyer experience on the Market Place; or
2. if you receive negative ratings and reviews.

Confidentiality and Data Privacy

All information and documents concerning the conduct of business pursuant to these terms and conditions, including information relating to business methods, procedures, policies and sales information, is strictly confidential unless it is already in the public domain. You shall not use Isidore ’s confidential information for any purpose other than to perform your obligations under this Agreement and you shall not disclose Isidore’s confidential information without our prior written consent.

You shall be directly responsible to Market Place users for any misuse of their personal data.

If Isidore  is sued, fined, or otherwise incurs expenses as a result of your handling of personal data obtained through the Market Place, you shall indemnify Isidore in respect of the same.

Miscellaneous

These Seller Terms and Conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. The jurisdiction for settlement of any dispute shall be exclusively in Lagos, Nigeria.

We will ask for your express agreement to any revisions of these seller terms and conditions and the general terms and conditions within such period as we may specify; and if you do not give your express agreement to the revised versions within such period as we may specify, you shall be deemed to have consented. If you expressly reject any such revisions you may be deemed by us to have terminated the agreement and we may disable or delete your account on the Market Place.

This Seller Terms and Conditions, the General Terms and Conditions, and Isidore’s policies and guidelines shall constitute the entire agreement between you and us in relation to your use of the Market Place and shall supersede all previous agreements between you and us in relation to your use of the Market Place.

In the event of a conflict between the provisions of this Seller Terms and Conditions, the General Terms and Conditions, and Isidore’s policies and guidelines, the Seller Terms and Conditions, the General Terms and Conditions, and Isidore’s policies and guidelines shall prevail in the order stated here.

GENERAL TERMS AND CONDITIONS OF USE OF THE JINJA MARKET PLACE

Your use of this Jinja Market Place Website or Application (‘‘The Website’’ or “Market Place”) and the services provided are governed by the following terms and conditions as applicable to the Website (Terms of Use). If you transact on the Website, you shall be subject to the policies that are applicable for such transaction. By use of the Website you agree to a binding Agreement with Isidore Agritech Limited, a company incorporated under the Companies and Allied Matters Act, 2020 having its registered office at 9, Mabinuori Dawodu Street, Gbagada Lagos. These terms and conditions constitute your binding obligations.

This document is an electronic record in terms of the National Information Technology Development Agency Act, 2007 and rules there under as Websitelicable and the amended provisions pertaining to electronic records in various statutes as amended by the National Information Technology Development Agency Act, 2007. This electronic record is generated by a computer system and does not require any physical or digital signatures.

For the purpose of this Terms and Conditions of Use, wherever the context so require “You” or “your” shall mean any natural or legal person who has agreed to use the Website by providing Registration Data while registering on the Website as a Registered User. Whereas ‘‘we’’ ‘‘us’’ ‘‘our’’ or “Isidore” is a reference to Isidore Agritech Limited.

When you use any of the services provided on the Website, including but not limited to Product and Service Discovery, Purchases and Customer Reviews; you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. 

We reserve the right, at our sole discretion, to change, modify, add or remove portions of this Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use on the Website, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE APP INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING

Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Nigerian governing laws. If you are a minor i.e. under the age of 18 years, you shall not register on the Website and shall not transact or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents who have registered as users on the Website. We reserve the right to terminate your registration and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If you use the Website, you shall be responsible for maintaining the confidentiality of your User Name and Password and you shall be responsible for all activities that occur under your User Name and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete, that we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, we  have the right to indefinitely suspend or terminate or block your access to the Website.

Communications

When you use the Website or send emails or other data, information or communication to support@marketplace.thejinja.co, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from support@marketplace.thejinja.co, periodically and as when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Charges

Registration on the Website is free. We do not charge any fee for browsing on the Website. However, we reserve the right to charge a fee and change policies from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event we reserve, without notice to you, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on the Website. Unless otherwise stated, all fees shall be quoted in Nigerian Naira. You shall be solely responsible for compliance with all applicable laws including those in Nigeria for making payments on the Website.

Payment

While availing any of the payment method(s) offered on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorization for any transaction/s, or exceeding the present limit mutually agreed by you and between your “Bank/s”, or any payment issues arising out of the transaction, or Decline of transaction for any other reason.

All payments made against the purchases/services on the Website shall be compulsorily in Nigerian Naira acceptable by the Central Bank of Nigeria. We do not accept any other form of currency with respect to the purchases made on the Website.

You agree to make payments in accordance with the Payments Information and Guidelines on the Website.

Use of the Website

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles: You shall not host, display, upload, modify, publish, transmit, update or share any information that:

• Belongs to another person and to which you do not have any right;

• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” or misleading in any way;

• Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual.

• Harasses or advocates harassment of another person;

• Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;

• Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

• Infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];

• Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy- protect devices, or providing pirated music or links to pirated music files;

• Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

• Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

• Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

• Contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian);

• Tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

• Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Website. Throughout this Terms of Use, our “prior written consent” means a communication coming from Isidore Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

• Solicits gambling or engages in any gambling activity which in our sole discretion, believes is or could be construed as being illegal;

• Interferes with another user’s use and enjoyment of the Website;

• Refers to any website or URL that, in our sole discretion of contains material that is inappropriate for the Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

• Harm minors in any way;

• Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;

• Violates any law for the time being in force;

• Deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

• Impersonate another person;

• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

• Threatens the unity, integrity, defence, security or sovereignty of the Federal Republic of Nigeria, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Also, you shall not:

• Provide false, inaccurate or misleading information;

• Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;

• Create liability for us or cause us to lose (in whole or in part) the services of our suppliers or service providers;

• Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve the right to bar any such activity;

• Attempt to gain unauthorized access to any portion or feature of  the Website, or any other systems or networks connected to Website or to any of our server, computer, network, or to any of the services offered on or through the Website by hacking, password “mining” or any other illegitimate means;

• Probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look up, trace or seek to trace any information on any other user of or visitor to on the Website, or any other customer of the Website, including accounts not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for on the Website.

You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website , or any other customer on the Website, including any account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for  on the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to us.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of others on the Website.

Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your Information in accordance with the Terms of Use and our Privacy Notice.

You shall not engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services, including, but not limited to, products or services related being displayed on the Website or related to the Website. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside the Website without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in our sole discretion.

You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but have no obligation, to monitor the materials posted on the Website. We shall have the right to remove or edit any Content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use.

YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE APP AND IN YOUR PRIVATE MESSAGES.

Please be advised that such Content posted does not necessarily reflect our views. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Website, you acknowledge and agree that we will not be responsible for the use of any personal information that you publicly disclose or share with others on the Website. Carefully select the type of information that you publicly disclose or share with others on the Website.

Content Posted on the Website 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to us, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, re-published, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

You may use information on products and services purposely made available by us for downloading from the Website, provided that you do not remove any proprietary notice language in all copies of such documents, use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, make no modifications to any such information, and not make any additional representations or warranties relating to such documents. You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted on the Website (collectively, “Content”). Such Content will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by us, consistent with our Privacy Policy and Rules of Conduct on this Website as mentioned herein, and you are not entitled to any payment or other compensation for such use.

Other Businesses

We do not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and/or third party websites using the Website APIs or otherwise. In addition, we may provide links to the third party websites of affiliated companies and certain other businesses for which, we assume no responsibility for examining or evaluating the products and services offered by them, and we do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). We do not in any way endorse any third party website(s) or content thereof.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the applicable Nigerian Data Protection legislation. Our current Privacy Policy is available on the Website. If you object to your Information being transferred or used in this way, please do not use the Website.

Isidore Duties and Obligations

You acknowledge that:

Isidore facilitates a Market Place for buyers and third party sellers:

1. the relevant seller of the product shall at all times remain exclusively liable for the products they sell on the Market Place; and

We commit to ensure that third party sellers, as applicable, submit information relating to their products on the Market Place that is complete, accurate and up to date and pursuant thereto:

1. the relevant seller warrants and represents the completeness and accuracy of their information published on our Market Place relating to their products;
2. the relevant seller warrants and represents that the material on the Market Place is up to date; and
3. if a buyer has a complaint relating to the accuracy or completeness of the product information received from a seller, the buyer can seek recourse by contacting the seller directly.

We do not warrant or represent that the Website will remain available during the occurrence of events beyond Isidore’s control (force majeure events) which include but are not limited to; flood, drought, earthquake or other natural disasters; hacking, viruses, malware or other malicious software attacks on the Market Place; terrorist attacks, civil war, civil commotion or riots; war, threat of or preparation for war; epidemics or pandemics; or extra-constitutional events or circumstances which materially and adversely affect the political or macro-economic  stability of the territory as a whole.

We reserve the right to discontinue or alter any or all of our Market Place services on the Website, and to stop publishing our Market Place, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Market Place services, or if we stop publishing the Market Place. This is without prejudice to your rights in respect of any unfulfilled orders or other existing liabilities of Isidore.

If we discontinue or alter any or all of our Market Place in circumstances not relating to force majeure, we will provide prior notice to the buyers and sellers of not less than 15 (Fifteen) days with clear guidance on the way forward for the pending transactions or other existing liabilities of Isidore. 

We do not guarantee any commercial results concerning the use of the Market Place.

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this Website are provided on the Website on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, we do not warrant that:

• This Website will be constantly available, or available at all; or,

• The information on Website is complete, true, accurate or non-misleading.

We will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with the Website.

We do not warrant that this Website; information, content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from the Website are free of viruses or other harmful components.

Nothing on the Website constitutes, or is meant to constitute, advice of any kind.

All the products or services provided on the Website are governed by laws of The Federal Republic of Nigeria and if we are unable to deliver such products or services due to implications of the laws, we will return or will give credit for the amount received by us from you for the sale of such product or provision of such service, which could not be delivered to you.

You will be required to enter a valid phone number while using the Website by registering your phone number with us, you consent to be contacted by us via phone calls and / or SMS notifications. We will not use your personal information to initiate any promotional phone calls or SMS.

Breach

Without limiting other remedies, we may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your registration, and/or refuse to provide you with access to the Website in the event, but not limited to:

• If you breach the Terms of Use or Privacy Policy or other rules and policies, if any;

• If we are unable to verify or authenticate any information you provide; or

• If it is believed that your actions may cause legal liability for you, us, other Users or the Website.

We may at any time at our sole discretion reinstate suspended Users.

A User that has been suspended or blocked may not register or attempt to register on the Website in any manner whatsoever until such time that such User is reinstated by us. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate law enforcement or other authorities for initiating criminal or other proceedings against you.

Indemnity

You shall indemnify us and hold harmless our licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including attorneys’ fees, made by you or any third party or penalty imposed due to or arising out of your use of the goods or services provided via the Website, or in the event you breach this Terms of Use, the Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party on the Website.

Applicable Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of The Federal Republic of Nigeria. The jurisdiction for settlement of any dispute shall be exclusively in Lagos, Nigeria.

Jurisdictional Issues

Unless otherwise specified, the materials and services on the Website  are presented      solely for the purpose of sale in Nigeria. We  make no representation that materials/services on the Website are appropriate or available for use in other locations/Countries other than Nigeria. Those who choose to access this Website from other locations/Countries other than Nigeria do so on their own initiative and we are not responsible for supply of goods/availability of services, refund for the goods or services ordered from other locations/Countries other than Nigeria, 

Trademark, Copyright and Restriction

This Website is controlled and operated by us. All material on this Website,  including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on the Website owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without our prior written consent, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of our copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Product and Service Description

We try to be as accurate as possible. However, we do not warrant that product or service descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. 

Termination of Service

We reserve the absolute right to modify, discontinue temporarily or permanently, any and all portion of our goods and services with or without prior communications. You hereby consent that we will under no circumstance be liable to you or any third party for any modification or discontinuance of availability of goods or services on the Website. 

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY TO YOU, ANY INDIVIDUAL OR ANY THIRD PARTY IN ANY MATTER ARISING HEREFROM, RELATED OR CONNECTED TO OUR SERVICES IS LIMITED TO THE SUM RECEIVED FROM YOU FOR THE SERVICES. 

ADVERTISING AND MARKETING

Advertising and marketing carried out by us include, but are not limited to direct calls to you and sending certain information to users of the Website via different means (i.e. SMS messages or emails). You agree to receive advertisement, marketing and communication materials and information from us. 

This section of our terms and conditions covers:

SECTION A

TERMS AND CONDITIONS FOR HIRE OF EQUIPMENT 

Through the Website, we provide the Platform that allows you to hire equipment from several hirers. Where you hire equipment through the Website, you agree to be bound by the terms contained herein as well as the Terms of Use of the Website.

We do not have possession of any equipment that is offered for hire via the Website. The contract for hire of the equipment is made directly between you and the Hirer (the “Hire Contract”).

If you choose to hire equipment via the Website, the resulting Hire Contract will be subject to the Hirer’s terms and conditions of hire. Isidore does not hold or maintain these terms and conditions, so it is your responsibility to obtain such from the Hirer. 

We strongly recommend that you review the Hirer’s terms and conditions before placing an order via the Website.

We have no control over, and do not guarantee the existence, quality, safety or legality of the equipment advertised for hire via the Website.

If you have any questions or complaints about the equipment or the Hire Contract, please contact the Hirer via the Website. 

We will not be liable for any loss or damage suffered by you as a result of any non-compliance by a Hirer or breach of contract by, or negligence on the part of, any Hirer or their employees, agents or subcontractors in connection with the hire of any equipment or the performance of, or failure to perform, any Hire Contract. 

GENERAL

The Terms and Conditions and Privacy Policy as provided herein by us including but not limited to other guiding policies for the Website constitute the entire agreement between the parties with respect to the subject matter hereof. In the event we or you decide to waive any breach or default hereunder, the waiver will not suffice for any preceding or subsequent breach or default. 

The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. The failure of either party to insist immediately upon the strict compliance and or performance of any of the terms and conditions herein breached shall not constitute a waiver of the right of either party, or constitute acquiescence therein and the same shall not affect or impair the later exercise of such right or be presumed to vary this terms and conditions in any manner whatsoever.

Our Contact

Please send any questions or comments regarding the Market place to support@marketplace.thejinja.co