| Your User Agreement.
The following describes the terms on which Afrivex.com offers you access to our services.
Introduction
Welcome to Afrivex.com. By using Afrivex.com (including Afrivex.com and its related sites, services and tools), you agree to the following terms with Afrivex.com and the general principles for the websites of our subsidiaries and international affiliates. If you reside outside of the United States of America, you are contracting with one of our international Afrivex.com companies: In countries within the European Union, your contract is with Afrivex.com Europe in all other countries, your contract is with Afrivex.com. If you have any questions, please refer to our help section.
This Agreement is effective on May 16, 2013, for all users, and upon acceptance for new users.
Scope
Before you may become a member of Afrivex.com, you must read and accept all of the terms in, and linked to, this User Agreement and the Afrivex.com Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use Afrivex.com sites or services, or when you use the tools we make available to interact with Afrivex.com sites and services. If you use another Afrivex.com site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some Afrivex.com sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools. - Correcting Mistakes in Payments to Buyers or Sellers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous Afrivex.com Customer Protection refund or reimbursement.
To protect against the risk of liability, Bank hold seller funds based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, or the filing of an Afrivex.com Buyer Protection claim. Bank has held, and will continue to hold, seller funds pursuant to the terms of the Bank User Agreement, Bank policies and any other agreement entered into between Bank and its users.
Fees and Services
Joining Afrivex.com and listed items is pay to list store system. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the Afrivex.com site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in Nigerian Naira. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method failed or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your bank account balance.), and your account may be terminated
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including Afrivex.com users). You may use catalog content solely in connection with your Afrivex.com listings during the time your listings are on Afrivex.com’s sites.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all Afrivex.com policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Limitation of Liability
You will not hold Afrivex.com responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional shopping mall. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the 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. For certain categories, particularly Motor vehicles and Real Estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Afrivex.com Customer Protection Policy up to the full cost of the item (including any applicable sales tax) and its original shipping costs, (b) the total fees (under Afrivex.com Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (c) N15000.
Release
If you have a dispute with one or more users, you release us Afrivex.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a Nigeria resident, you waive that right.
Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Afrivex.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.
Additionally, you agree that you will not: - take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of Afrivex.com and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
Listing Conditions
By listing an item on Afrivex.com’s sites, you agree to pay Afrivex.com’s fees for such, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on Afrivex.com’s sites, your listing will be posted on Afrivex.com’s sites and can be viewed in My Afrivex.com. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Afrivex.com can’t guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in Afrivex.com’s Help Pages.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Afrivex.com Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Afrivex.com Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on Afrivex.com's national registered agent (in the case of Afrivex.com) or to the email address you provide to Afrivex.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Legal Disputes
If a dispute arises between you and Afrivex.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Afrivex.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Contacting Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. - Improperly Filed Claims - All claims you bring against Afrivex.com must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Afrivex.com may recover attorneys' fees and costs up to N15000000, provided that Afrivex.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Additional Terms
Each of these policies may be changed from time to time. Changes take effect when we post them on the Afrivex.com site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.
General
Afrivex.com is located at Ibadan, Oyo State, Nigeria. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Afrivex.com Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, “writing" doesn't include an email message and a signature doesn't include an electronic signature. |
