General Terms and Conditions of Use of Bazaarr Nigeria
Bazaarr (or “we”) operates an e-commerce platform consisting of a website (or “marketplace”), together with supporting logistics and payment infrastructure, for the sale, purchase and lease of industrial equipment in the oil and gas, agricultural, construction and marine industries in Nigeria (or “territory”).
▪ The following document explains the terms and conditions applicable to your use of Bazaarr either as buyers and/or sellers on the marketplace and shall govern your use of the marketplace and related services.
▪ By using Bazaarr, you acknowledge the terms and conditions hereof and agree that you will be bound by the terms and conditions contained in this Agreement.
▪ In addition, this Agreement may be changed or updated by Bazaarr from time to time with prior notice to you. Changed terms and conditions will become valid upon being posted on Bazaarr’s website or/and your email.
▪ Your acceptance of the changed Agreement will be signified by either clicking to confirm that you agree (and such electronic signature shall be considered as an original signature for all purposes); and/or by physical signature.
▪ If you disagree with these general terms and conditions or any part of these general terms and conditions, do not sign this document or click confirm.
▪ If you use our marketplace in the course of a business or other organizational project, then by so doing you;
a. confirm that you will conduct yourself in a civil manner and must behave in accordance with the applicable laws in the territory.
b. bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and
c. agree that “you” in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.
2. Registration and account
You may register for an account with our marketplace by completing and submitting the registration form on our marketplace.
In joining or becoming a member of Bazaarr, you hereby agree to;
a. provide true, accurate, current and complete information about yourself (such as identification, contact details and etc.) in the Registration form.
b. maintain and promptly update the Registration Content to keep it true, accurate, current and complete.
If you represent a business entity registered on Bazaarr, you promise that you have the authority to bind the entity to this Agreement.
If you register for an account with our marketplace, you will be asked to provide an email address/user ID and password and you agree to;
a. keep your password confidential;
b. notify us in writing or phone call immediately you become aware of any authorized disclosure of your password; and
c. be responsible for any activity on our marketplace arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Bazaarr has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete, Bazaarr reserves the right at its sole discretion to suspend or terminate your Service without any prior notice to you, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.
You may cancel your account on our marketplace by contacting us @[email protected]
▪ You are solely responsible for maintaining the confidentiality of your User ID and Password, and are fully responsible for all
activities that occur under your User ID and Password. You agree to;
a. immediately notify Bazaarr of any unauthorized use of your User ID or Password or any other breach of its security, and
b. ensure that you properly exit the website at the end of each session. Bazaarr cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement.
▪ You agree to use the Service only for purposes that are permitted by;
a. the Agreement and
b. any applicable law, regulation or guideline in the relevant jurisdictions.
▪ You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by Bazaarr.
▪ You agree that you are solely responsible for (and that Bazaarr has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences (including any loss or damage which Bazaarr may suffer) of any such breach.
▪ Bazaarr will send or serve any notice or document to your email address (and you agree that when you change the original email address submitted during the registration process and it is updated by Bazaarr, the new email address will be used instead) and If the notice or document arrives at your email system, the service shall be deemed completed.
▪ Bazaarr is entitled to send all kinds of business information relating to bazaarr’s services by contacting you through the medium you have provided (Including e-mail, mobile phone messages, etc.). You must click the ‘unsubscribe link’ in every email sent or send a written notice to us if you refuse to continue to receive the business information.
4. Returns and refunds
▪ Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with the returns page on the marketplace, as may be amended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of the territory.
▪ Refunds in respect of returned products shall be managed in accordance with the refunds page on the marketplace, as may be amended from time to time. Our rules on refunds shall be exercised in our discretion, subject to applicable laws of the territory. We may offer refunds;
a. in respect of the product price
b. in respect of shipping fees (as stated on the refunds page); and
c. by way of store credits, wallet refunds, vouchers, mobile money transfer, bank transfers or such other method as we may determine from time to time.
▪ Returned products shall be accepted and refunds issued by Bazaarr, for and on behalf of the seller.
▪ Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website.
▪ You must make payments due only via the channels provided on the marketplace. Bazaarr will not be responsible for any fraudulent claims if you make deals with sellers outside our marketplace.
6. Use of website
▪ In this section, words “marketplace” and “website” shall be used interchangeably to refer to Bazaarr’s website.
▪ You may only use our website for your own personal and business purposes in respect of selling, leasing or purchasing industrial equipments used in the oil and gas, construction, marine and agricultural sectors.
▪ Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.
▪ You must not use our website in any way or take any action that causes, or may cause, damage to the website or limit the performance, availability, accessibility, integrity or security of the website;
▪ You must not use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
▪ You must not hack or otherwise tamper with our website;
▪ You must not probe, scan or test the vulnerability of our website without our permission;
▪ You must not circumvent any authentication or security systems or processes on or relating to our website;
▪ You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists
of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
▪ You must not impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
▪ You must not decrypt or decipher any communications sent by or to our website without our permission;
▪ You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
▪ You must not access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
▪ You must not use our website except by means of our public interfaces;
▪ You must not use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
▪ You must not do anything that interferes with the normal use of our website.
7. Copyright and trademarks
▪ Bazaarr’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
▪ The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
8. Data privacy
▪ Buyers agree to processing of their personal data in accordance with the terms of Bazaarr’s Privacy and Cookie Notice.
▪ Bazaarr shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy and Cookie.
▪ Vendors shall be directly responsible to buyers for any misuse of their personal data and Bazaarr shall bear no liability to buyers in respect of any misuse by vendors of their personal data.
9. Due diligence and audit rights
▪ We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.
▪ You agree to provide to us all such information, documentation and access to your business premises as we may require;
a. in order to verify your adherence to, and performance of, your obligations under this Agreement;
b. for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
c. as otherwise required by law or applicable regulation.
10. Breaches of these general terms and conditions
▪ If we permit the registration of an account on our marketplace it will remain open indefinitely, subject to these general terms and conditions.
▪ If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any Bazaarr’s policies or guidelines in any way we may:
a. temporarily suspend your access to our marketplace;
b. permanently prohibit you from accessing our marketplace;
c. block computers using your IP address from accessing our marketplace;
d. contact any or all of your internet service providers and request that they block your access to our marketplace;
e. suspend or delete your account on our marketplace; and/or
f. commence legal action against you, whether for breach of contract or otherwise.
▪ Where we suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
▪ We may revise these general terms and conditions, the seller terms and conditions, and the Bazaarr’s policies and guidelines from time to time.
▪ You shall be notified of any revisions made to this document and the revised general terms and conditions shall apply from the date of publication and reacceptance on the marketplace.