1. ACCEPTANCE OF THE TERMS
- Your access and use of the Sellables.com.ng website and mobile apps, as well as any service, content, and data available via them (together, the “Service” or the “Platform”) are guided by these Terms.
- If you disagree with any part of these Terms, or if you are not eligible or authorized to be governed by the terms, then do not access or use the service.
2. IMPORTANT DISCLAIMERS
- ALL SERVICES RENDERED BY THE ADMINISTRANT ARE RENDERED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND THE ADMINISTRANT DISCLAIMS ALL GUARANTEES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTEES REGARDING EXISTENCE, CONDITION, QUALITY, LIFE SPAN, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH GUARRANTIES AND DOWNSIDES ARE HEREBY EXCLUDED.
- THE ADMINISTRANT HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE ACTUALITY, QUALITY, SAFETY OR LEGALITY OF GOODS AND SERVICES PUBLISHED BY USERS ON THE PLATFORM; THE TRUSTABILITY OR ACCURATENESS OF INFORMATION PROVIDED BY USERS IN THE ADVERTORIALS; THE ABILITY OF SELLERS AND BUYERS TO SELL GOODS OR TO RENDER SERVICES; AND TO PAY FOR GOODS OR SERVICES RESPECTIVELY. THE ADMINISTRANT MAKES NO GUARANTEES CONCERNING THAT MANUFACTURING, IMPORT, EXPORT, OFFER, DISPLAYING, PURCHASE, SALE, ADVERTORIALS AND/OR USE OF PRODUCTS OR SERVICES, WHICH ARE OFFERED OR DISPLAYED ON THE PLATFORM DO NOT VIOLATE ANY THIRD PARTIES’ RIGHTS. HENCE, ADMINISTRANT PLAINLY RENOUNCES ANY LIABILITY IN CONNECTION TO ADVERTORIALS POSTED BY USERS ON THE PLATFORM.
- YOU ARE ADVISED TO VERIFY THE AUTHENTICITY OF GOODS BEFORE MAKING PAYMENT AND TO REQUEST THE SELLER TO PROVIDE DOCUMENTS CONFIRMING COMPLIANCE OF THE GOODS WITH APPLICABLE REQUIREMENTS OF LAWS, REGULATIONS, RULES, GUIDELINES AND STANDARDS.
- YOU ACCEPT THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND YOU UNDERSTAND THAT YOU SHOULD MEET WITH THE OTHER PERSON IN SAFE PUBLIC PLACES IN DAYLIGHT HOURS BEFORE THE COMPLETION OF A TRANSACTION ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING DUE DILIGENCE OF ANY INDIVIDUAL, GROUPS OR ORGANIZATION REQUESTING A MEETING TO CONDUCT A JOB INTERVIEW OR TO COMPLETE A TRANSACTION. THE ADMINISTRANT REFUTE ANY BLAME FOR USER’S INTERACTION WITH ANY INDIVIDUAL OR ORGANIZATION.
3. ACCOUNT REGISTRATION
- To enjoy certain features of our Service you may need to register an account on the Platform (the “Account”) and provide certain information about yourself as prompted by the registration form.
- You can create an account as an individual or as an authorized representative to a corporate organization or of a company.
- You are mandated to register only one account. If more than one person accesses its account from different devices, we may request to upload the proof of identity to avoid duplicate accounts.
- You certify that you are solely responsible for safeguarding and maintaining the confidentiality of your account access details and that you are wholly responsible and liable for any activity performed using your account access details.
- Using this platform means you have attain the age of 18 or you are accessing the Service under the supervision of a parent or legal guardian. All users who are minors (basically under the age of 18) must have the permission to, and be directly supervised by their parent or guardian to use the Service. For minor, your parent or guardian must read and agree to these Terms before using the Service.
- We reserve the prerogative to suspend or terminate your account, or your access to the Service, with or without prior notice to you, in the event that you breach these Terms.
- In the case of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security, you are mandated to notify us immediately as we won’t be accountable for any loss or damage arising from your failure to comply with the above requirements.
Sellables offers an online platform that allows users to create and publish advertorials, view advertorials published by other users, to communicate with other users using the contact details provided in the advertorials.
- The administrant itself is not an importer, distributor, manufacturer, or seller of any item, as well as not a provider of any service posted by users on the platform. Secondly, the administrant is neither a marketer, nor a person acting on user’s behalf with respect to the marketing of any goods or services posted on the platform. The actual sale and purchase contracts or services contracts are entered into directly between the users, and the administrant itself is not a party to such transactions. The administrant only provides users with an opportunity to communicate.
- Users shall be solely duty-bound to collect and remit any applicable taxes resulting from the sale of their goods or services posted on the platform.
- The administrant reserves the right to delete or block access to advertorials posted by users without any notice in the case of: (i) receiving of mandatory judgments of competent public authorities; (ii) claim of a holder of intellectual property, rights to nullify infringement of his/her rights by a user on the platform; (iii) violations of rights or legal interests of other users, legal entities, or individuals upon their reasonable request; (iv) detecting that ad posted by user on the platform violates these terms or any applicable law, regulation, rule or standard.
- The administrator is authorized to delete or block user’s ad, regardless of providing a user with the relevant proof.
- The administrator reserve the right to modify any changes to the service (whether to free or paid features) at any time, with or without notice. You acknowledge that a some of administrator’s actions may deter or prevent you from accessing the service at certain times and/or in the same way, for a period of time which could be limited or permanently, and agree that the administrator has no responsibility or obligation as consequence of any such actions or results, including, without limitation, for the exclusion or non-availability of any content or service.
- Each user of the service is solely responsible for his or her user content (as defined below). Since user’s content are not controlled by us, you therefore acknowledge and agree that we are not responsible for any user content and we cannot guarantee the authenticity, accuracy, currency, suitability, or quality as regards to any user content, and we take no responsibility for any user content. Your dealings with other service users are solely between you and such user. You agree that the admin will not be liable for any loss or damage incurred as a result of any of such interactions. If dispute arises between you and any service user, we are under no obligation to become involved.
- The Service may contain links to third-party websites or resources and announcements for third parties (collectively, “Third Party Ads”). These third-party advertorials are not under the control of the administrant and He is not responsible for any third-party advertorial. The administrant provides these third party advertorials only as a convenience and does not review, approve, monitor, endorse, pledge, or make any representations with respect to third party advertorial. Adverts and other information provided by online users to which the third party ads lead, may not be completely accurate. You accept sole responsibility for and accept all risk arising from your use of any such online products or properties. When you are linked to third party advertorials, the applicable service provider’s terms and policies, including privacy and data gathering practices, must be strictly adhere to. We urge potential customers to make whatever investigation they feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with third-party adverts that are found on or through the platform, including payment and delivery of related goods or services, are solely between you and such third party.
- You hereby release us, our personnel’s, employees, agents, and successors from claims, demands from all losses, damages, rights, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any dealings with or conduct of any service users or any third party advertorials.
5. POSTING OF ANNOUNCEMENTS BY USERS
- A user shall provide to the administrator with any documents confirming the legitimacy of posting of advertorials and identity documents upon the administrator’s request.
- A user, who posts advertorials with regard to sale of goods or services on the platform, shall provide accurate and complete information about such goods and services, as well as about the terms and conditions of sale and services provided.
- The terms and conditions of sale and services provided by the user shall not contravene with these terms and applicable laws.
- Price of goods or services shall be genuine. If it is perceived to be changed due to any specific circumstances, this shall be provided in the advertorial.
- When uploading a YouTube video to your advertorial via YouTube API Services functionality offered by the administrator, you are agreeing to be bound by the YouTube Terms of Service available at: https://www.youtube.com/t/terms.
- When uploading a Facebook video to your announcement through Facebook Embedded Video & Live Player functionality offered by the administrator, you are consenting to be bound by the Meta Platform Terms available at https://developers.facebook.com/terms/ and Facebook Terms of Service available at https://www.facebook.com/terms.php.
- The platform is basically free; regardless, it may contain payable services. In other words, we may set restrictions for posts ads in certain categories or offer advertising options for adverts on the platform.
- You are qualified to register more than one account if you use payable services on each of them.
- The fees we charge for use of payable services and methods of payment approved by us are disclosed on the platform.
- We withhold the right, in our sole discretion, to modify the fees and acceptable payment methods now and then and for any reason.
- Except otherwise plainly provided by mandatory rules of the applicable law, the fees are non-refundable due to the nature of services rendered via the platform.
- Your payments for the services are subject to the Billing Policy (https://sellables.com.ng/billing-policy).
7. USER REPRESENTATIONS AND WARRANTIES
By using the Service, you represent and attest that:
- You have the legal capacity and you agree to adhere to the Terms and Condition;
- If a user registers as a representative of a legal entity, the user is authorized to enter into an agreement with the company and with users of the platform;
- You have attained the age of 18 or over;
- You will or have provided valid, accurate, genuine and complete information in your account;
- You will update your information on your account to maintain its absoluteness, reliability, and completeness;
- You will immediately change data for access to the platform in case you have suspicion that your account access details were disclosed or probably used by the third parties;
- For any unauthorized access to your account, notification should be made forthwith to the administrator;
- You will not provide any misleading or false information about your location, identity or product or services sold or rendered in your account;
- You will use the service in strict compliance to the applicable laws, regulations, rules and guidelines;
- You will not use the service for any fraudulent, illegal or unauthorized intention;
- You will not post on the platform advertorials that offer for sale or exchange any prohibited items (https://sellables.com.ng/faq/14 ).
- You will not post on the platform advertorials that infringe on other person’s rights or interests, including any personal, intellectual property rights or any other proprietary rights of any third party.
- You will not post on the platform advertorials that include:
- false, misleading or deceptive statements;
- personal or information about minors or other persons without proper consent;
- pornographic, overtly sexual materials;
- embodiments that encourage illegal or reckless use of weapons, dangerous objects, or promote the purchase of firearms or ammunition;
- discriminatory, defamatory, improper, callous, threatening or harassing, unacceptable materials, vulgar or abusive language;
- championing hate, violence, discrimination, xenophobia, ethnic conflicts, racism;
instigates violence and unlawful actions;
- offers of harlotry or other services disputing moral or legal norms;
- services, provision of which is unauthorized by the applicable law;
- information which are merely promotional with no offers of specific goods or services;
- Counterfeit, fake, forged and imitated goods or unauthorized copies. Unauthorized copies may include goods acquired by illegal means, contraband, pirated or stolen; and
direct or indirect references or link to any other websites, references, or information about websites competing with the platform;
- You will not use software to perform any other actions aimed to interfere with the normal operation of the platform;
- You will not promote Ponzi schemes through the platform or disseminate unsolicited commercial emails, chain letters, by any other means towards other users of the platform;
- You will not copy, modify, share any other user content without consent of the respective user;
- You will not extract or rather collect information about users, including email addresses, phone numbers, without their consent or otherwise violate the privacy of another person;
- You will not download, store, post, distribute content containing worms, viruses, Trojans, and other malware;
- You have a legal title to the items offered for sale in your advertorial; and
- You have the necessary license, in simple terms authorized, as required by applicable law, to offer for sale, to advertise, and distribute goods described in your advertorial.
You agree to indemnify, defend and hold harmless the administrant, its successors, subsidiaries, affiliates, related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of: (i) your usage of the platform; (ii) your content as a user; (iii) your breach of terms; (iv) your non-compliance of any bylaw, industry-standard, regulation, guideline, rule; (v) any transaction entered into by you via the platform or your infraction of terms of such transaction. The administrant reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
9. LIMITATION OF LIABILITY
- IN NO CIRCUMSTANCES WHATSOEVER SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, SIGNIFICANT, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE THE SERVICE, OR THIRD-PARTY ADVERTORIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE, AND THIRD-PARTY ADVERTORIALS ARE AT YOUR OWN TACTFULNESS AND RISK, AND YOU WILL BE WHOLLY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU ASSENT THAT THE AGGREGATE LIABILITY OF THE ADMINISTRANT TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE, CONTENT OF ADVERTORIAL, IS LIMITED TO THE LESSER OF THE AMOUNTS YOU HAVE PAID, IF ANY, TO US DURING THE SIX (6) MONTH PERIOD BEFORE THE EMERGENCE TO ANY CAUSE OF ACTION ARISING.
10. INTELLECTUAL PROPERTY RIGHTS
- Information you submit to Sellables during your registration, and any data, text, imagery and other materials that you may submit or post on the platform (the “User Content”) remain the user’s intellectual property, and the administrant does not lay claim to or ownership of the copyright or other proprietary intellectual property rights in such information submitted during registration and the user content.
- You grant the administrant the non-exclusive, universal, transferable, perpetual, irrevocable right to copy, revise, adapt, store, publish, distribute, publicly display and perform, communicate and make available to the public the user content in connection with the service, in addition to use and make the user content public on the affiliated web-site, as well as for the administrator’s marketing, advertising, and other purpose.
- You agree and authorize, that your use of the Service, or any part thence, will neither breach nor violate the rights of any other party or delict any contract or legal duty to any other parties.
- Apart from the user’s content, materials on the platform, which includes but not limited to texts, software, scripts, graphics, pictures, sounds, music, videos, interactive functions, etc. As well as (“Materials”) and trademarks, service marks and branded logos contained in it (“Marks”) owned by or are licensed by the administrant represent copyright items and of any other intellectual property rights. Any use of such Materials and Marks without prior notice to the Administrant is highly prohibited.
- Notice regarding Claims of Intellectual Property Violations and Copyright Infringement
- If you are a bearer of intellectual property rights or an individual authorized to act in the name of the bearer of such rights and you rationally believe that information that is posted to the Platform in a way infringes your intellectual property rights or intellectual property rights of a person, in whose name you act, you may notify to the administrant to delete such material. In view of this, you shall warrant that your appeal has a legal backing, and you act in good faith according to law.
- When providing relevant report regarding infringement of rights you shall make certain that your request corresponds to the form below and includes the following:
- an appeal should include the signature (physical or electronic) of a person empowered for acting in the name of a holder of the right, which is presumed to be infringed;
- the items of intellectual property right, rights on which were allegedly infringed, shall be specified. If several items exist, the whole list of such items shall be provided;
- you shall specify materials (with reference to specific URL-pages), which are stated to infringe rights or themselves are the objects of infringement;
- you shall provide contact details so that the administrant would be able to keep in touch, which may include, address, phone number, and email address;
- signed petition with regard to your faithful and fair judgement in those materials being the objects of complaint concerning infringement of intellectual property rights are used without the right bearer’s or its representative’s assent, and also that this is prohibited by law;
- signed petition with regard to that a bearer of intellectual property rights releases the administrant from any third parties’ claims related to deletion of relevant materials by the administrant;
- signed petition with regard to that information contained in a statement is accurate under penalty of perjury, and you are authorized to act in the name of a bearer of the exclusive right, which has been allegedly infringed;
- statutory regulations which you affirmed to be violated in connection to using of questionable content;
- state, in which territory you believe the rights to be flouted;
- copies of documents establishing rights for an item of intellectual property right, which is subject to scrutiny, as well as a document that confirms powers for acting in the bearer’s name, in attachments to your appeal.
- The relevant notification shall be sent to email firstname.lastname@example.org.
11. GOVERNING LAW AND JURISDICTION
- These Terms shall be enforced in accordance with the bylaws of the Republic of Nigeria.
- Any contestation arising from or in connection with these terms, including any motion regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act (Cap. A18) of the Republic of Nigeria. The number of arbitrators shall be one. The seat of arbitration shall be Lagos, Nigeria. The body of words to be used in the arbitral proceedings shall be English.
12. MISCELLANEOUS PROVISIONS
- Except as otherwise indicated, if any condition or clause of these Terms is held to be invalid, void, or for any reason not binding, such provision shall be expunged and shall not affect the authenticity and enforceability of the other condition.
- We may transfer and delegate any and all of our rights and obligations under these terms to any other individual, by any way, including by novation, and by acceding to these terms you give us approval to any such transfer or assignment.
- If we fail to take any action with regard to your non-compliance of these terms, we will still be entitled to use our rights and remedies in any other situation where you flout these terms.
- In no event shall the administrant be held responsible for any failure to comply with these terms to the extent that such failure arises from factors outside the administrant’s reasonable control.
13. SELLABLES CONTEST RULES
In accordance to the applicable provisions of the tax legislation of Nigeria the Company will put to use a withholding tax to your offering, thence you may receive your offering less respective withholding tax as applied. You are hereby briefed and affirm that the ultimate responsibility for your federal, state and municipal individual income taxes and/or other taxes related to the offering legally applicable to you, is and remains your legal obligation and may exceed the amount actually withheld by the Company.
If you want to send any report under these Terms or make enquiries regarding the Service, you may contact us at: email@example.com.
Last updated: 1 January 2023