TERMS AND CONDITIONS
Last updated [25/03/2019]
Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site and you will be required to read and accept these Terms and Conditions when signing up for an Account.
Administrator reserve the right to change Terms and Condition at any time by publishing the new Terms and Conditions on the Resource. By continuing to use the Service you are indicating your acceptance to be bound by the amended Terms and Conditions. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.
1. DEFINITION AND INTERPRETATION
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account” – means an account required for a User to access certain areas of Our Site, as detailed in Clause 4;
“Ad” – means an advertisement posted on Our Site by an Advertiser, providing details of the item or service offered by the Advertiser;
“Advertiser” – means a User that posts an Ad on Our Site;
“Content” – means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Third Party Advertiser” – means a party responsible for Third Party Advertising
displayed on Our Site;
“Third Party Advertising” – means advertising displayed on Our Site in addition to Ads, as detailed in Clause 10;
“User”, “you”, “your” – means any natural person eligible to conclude an agreement under the applicable law with Administrator and using any of Services with or without a Registered account. The Users may also act on behalf of the company that provides goods and services and intends to post announcements to Our Site. In this case Users shall be empowered for such representation in a written form.
“We/Us/Our” – means Emart.ng Online Marketplace Nigeria Limited, entity incorporated under the laws of Nigeria
2. Information About Us.
2.1 emart.ng is a marketplace that allows users to offer, sell by posting Ads and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between Buyer and Seller. Emart does not mediate in transactions, but it only provides a communication trade platform for posting of Ads. We also have no control over and do not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
2.2. We do not pursue actions focused on checking of materials posted by Users and expressly disclaims all responsibilities in relation to materials posted by Users.
2.3. We try as much as possible to prevents infringement of copyright and intellectual property right infringement in the course of using Our Site and can delete any User material, which infringes intellectual property rights, at our own discretion without prior notice. We also may terminate Users’ access to Our Site, in the event that such Users repeatedly infringe rights or commit any actions in contrast to these Terms and Conditions.
2.4 Our Site, emart.ng, is owned and operated by Emart.ng Online Marketplace Nigeria Limited, a limited company registered in Nigeria
3. ACCESS TO THE SERVICE
3.1 Access to emart.ng is free of charge! We grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:
- (3.1.1) access to the Service by Posting Agents; or
- (3.1.2) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Us.
A limited exception to (3.1.2) is provided to internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to emart.ng is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.1 Certain parts of Our Site (including the ability to post Ads) may require an Account in order to access them. For the registration of an account, you shall provide necessary veridical and current information for the purpose of generation of User account, which includes User’s unique login (email address), and an account password, as well as his/her surname and name. Resource Registration Form may require the User to provide more detailed information.
4.2 You may not create an Account if you are under 13 years of age. [If you are under 13 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.]
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols ( eg . E7r9t8@Q#h%Hy+M). It is your responsibility to keep your password safe and not share your Account with anyone else. If you believe your Account is being used without your permission, please Contact Us immediately. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.6 Any personal information provided in your Account will be collected, used and held in accordance with your rights and Our obligations under the law.
4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
4.8 If you close and delete your Account, any Ad(s) you have posted to Our Site will also be deleted and the licence granted to Us under sub-Clause 6.4 will be terminated.
5. PRIVACY AND INFORMATION DISCLOSURE
6. INTELLECTUAL PROPERTY RIGHT AND OUR SITE
6.1 With the exception of the content of Ads, all Content on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including that in Ads) is protected by applicable Nigeria and international intellectual property laws and treaties.
6.2 Subject to the licence granted to Us under sub-Clause 6.4, Advertisers retain the ownership of copyright and other intellectual property rights subsisting in their Ads (unless any part of an Ad is owned by a third party who has given their express permission for their material to be used in the Ad).
6.3 You may:
- 6.3.1 Access, view and use Our Site in a web browser (including any web
browsing capability built into other types of software or app);
- 6.3.2 Download Our Site (or any part of it) for caching;
- 6.3.3 Print page[s] from Our Site;
- 6.3.4 Download, copy, clip, print, or otherwise save extracts from pages on
Our Site; and
- 6.3.5 Save pages from Our Site for later and/or offline viewing.
6.4 You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
6.5 Subject to sub-Clause[s] 6.3 you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so. For further information, please Contact Us
6.6 Our status as the owner and author of the Content on Our Site (or that of identified licensors or Advertisers, as appropriate) must always be acknowledged.
7.1 An Account is required if you wish to post an Ad. Please refer to Clause 4 for more information.
7.2 You agree that you will be solely responsible for your Ad(s). We accept no responsibility for the content of Ads. Specifically, you agree, represent and warrant that you have the right to submit the Ad(s), that all information in the Ad(s) is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that all such Ad(s) will comply with Our Acceptable Usage Policy, detailed below in Clause 9.
7.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
7.4 You (or your licensors, as appropriate) retain ownership of the content of your Ad(s) and all intellectual property rights subsisting therein. By submitting an Ad, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence that Ad for the purposes of operating and promoting Our Site.
7.5 If you wish to remove an Ad, you may do so by selecting the ‘Delete Listing’ from the ‘Option’s’ drop down of on your Dashboard. We will use reasonable efforts to remove the Ad in question from Our Site. Removing an Ad also revokes the licence granted to Us to use that Ad under sub-Clause 7.4. Please note, however, that caching or references to your Ad may not be made immediately unavailable, or may not be made unavailable at all where they are outside of Our reasonable control.
7.6 We may reject, reclassify, edit, or remove any Ad from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Ad in question should be removed as a result.
8. NOTIFICATION OF CLAIMS OF INFRINGEMENT
8.1 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Our agent for notice of claims of copyright.
8.2 Please provide our Agent with the following Notice:
- 8.2.1 Identify the material on the Our website that you claim is infringing, furnish Us with the Ad’s ID, and with enough detail so that We may locate it on the website;
- 8.2.2 A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- 8.2.3 A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- 8.2.4 Your address, telephone number, and email address; and
- 8.2.5 Your physical or electronic signature.
We will remove the infringing posting(s), subject to the the procedures outlined in the Copyright Act Chapter C28 Laws of the Federation of Nigeria 2004 (Copyright Act).
9. USAGE POLICY
9.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 7. Specifically:
- 9.1.1 you must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;
- 9.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
- 9.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
- 9.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
9.2 When posting an Ad (or communicating in any other way using Our Site), you must not post, communicate, email, or otherwise make available Content:
- 9.2.1) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- 9.2.2) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
- 9.2.3) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- 9.2.4) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
- 9.2.5) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
- 9.2.6) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring Nigerian citizenship or lawful permanent residency as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
- 9.2.7 that misleadingly impersonates any person, or entity, including, but not limited to Our employee, or otherwise misrepresents your
identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
- 9.2.8) that includes personal or identifying information about another person without that person’s explicit consent;
- 9.2.9) that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
- 9.2.10) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- 9.2.11) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- 9.2.12) that constitutes, facilitates, or contains any form of advertising, offers, or solicitation if: posted in areas of Our Sites which are not designated for such purposes; or emailed to User(s) who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
- 9.2.13) that includes links to commercial services or web sites, except as allowed in “services”;
- 9.2.14) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience: https://emart.ng/contact/prohibited-items
- 9.2.15) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- 9.2.16) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
- 9.2.20) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- 9.2.21) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- 9.2.22) “stalk” or otherwise harass anyone;
- 9.2.23) collect personal data about other users;
- 9.2.24) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data for commercial or unlawful purposes;
- 9.2.25) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Us;
- 9.2.26) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- 9.2.27) post the same item or service in more than one classified category or in more than one metropolitan area;
- 9.2.28) attempt to gain unauthorized access to Our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Our website; or
- 9.2.29) use any form of automated device or computer program that enables the submission of postings on Our Site without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, unless otherwise approved in writing by Us; or
- 9.2.30) use any form of automated device or computer program (“flagging tool”) that enables the use of Our “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.
9.4 We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 9 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
9.4.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
9.4.2 remove any Ad posted by you which violates this Acceptable Usage Policy;
9.4.3 issue you with a written warning;
9.4.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
9.4.5 take further legal action against you as appropriate;
9.4.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
9.4.7 any other actions which We deem reasonably appropriate (and lawful).
9.5 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
10. Links to Our Site
10.1 You may link to Our Site provided that:
- 10.1.1 you do so in a fair and legal manner;
- 10.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
- 10.1.3 you do not use any logos or trademarks displayed on Our Site without Our express written permission; and
- 10.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
10.2 You may link to any page of Our Site. OR
10.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at email@example.com for further information.
10.4 You may not link to Our Site from any other site the content of which contains
- 10.4.1 [is sexually explicit];
- 10.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
- 10.4.3 promotes violence;
- 10.4.4 promotes or assists in any form of unlawful activity;
- 10.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability,
sexual orientation, or age;
- 10.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- 10.4.7 is calculated or is otherwise likely to deceive;
- 10.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
- 10.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub Clause 10.4);
- 10.4.10 implies any form of affiliation with Us where none exists;
- 10.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
- 10.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
11. LINK TO OTHER SITE
11.1 Links to other sites should not be included on Our Site. You must not include telephone numbers and url links in your descriptions. However, you are not, for example, prohibited from posting links on general-purpose social networking sites.
12.1 We may feature Third Party Advertising (in addition to Ads) on Our Site and We reserve the right to display Third Party Advertising on the same page as any Ad.
12.2 You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method.
12.3 We are not responsible for the content of any Third Party Advertising on Our Site. Each Third Party Advertiser is responsible for the content of their own Third Party Advertising material. We will not be responsible for any Third Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.
13. DISCLAIMERS AND LEGAL RIGHTS
13.1 You agree that use of the Our site and the service is entirely at your own risk. We and the services are provided on an “As is” or “as available” basis, without any warranties of any kind.
13.2 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. In Particular, We make no representation or warranty that any part of Our Site (including Ads) is suitable for use in business or that any part of it constitutes accurate data and/or advice on which business decisions can be based.
13.3 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
13.4 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that such Content is complete, accurate, or up-to-date.
13.5 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Ads. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way. We have no control over, nor any involvement in, any Ads, and We accept no responsibility for any actions taken, or for any products or services advertised in, any Ad.
14. LIMITATIONS OF LIABILITY
14.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether it is provided by Us or whether it is an Ad) included on Our Site.
14.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including Ads) included on Our Site.
14.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
14.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
14.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
14.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
15. VIRUSES, MALWARE AND SECURITY
15.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware including, but not limited to, the scanning of all Content uploaded by Advertisers for viruses and malware as it is uploaded. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 14.4.
15.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
15.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
15.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
15.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
15.6 By breaching the provisions of sub-Clauses 15.3 to 15.5 you may be committing a criminal offence under the Cybercrime Act 2015 in Nigeria. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a
16. PRIVACY AND COOKIES
17. DATA PROTECTION
17.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of Nigeria Data Protection Regulation 2019 and your rights under the “Data Protection Regulation”.
18. COMMUNICATIONS FROM US
18.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.
18.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may
take up to 5 business days for your new preferences to take effect.
16.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please Contact Us
19. CHANGES TO TERMS AND CONDITIONS
19.1 We reserve the right to alter these Terms and Conditions at any time or publishing the new Terms and Conditions on the Resource. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
19.2 Except as otherwise provided, if any provision of this Terms and Conditions 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.
20. LAW AND JURISDICTION
20.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of The Federal Republic Of Nigeria .
21 Contacting Us
To contact Us,