Kindly
review the Terms and Conditions listed below diligently prior to
using this website as your use of the website indicates your
agreement to be wholly bound by its Terms and Conditions without
modification.
You agree that if you are unsure of the meaning of
any part of these Terms and Conditions or have any questions
regarding the Terms and Conditions, you will not hesitate to contact
us for clarification. These Terms and Conditions fully govern the use
of this website. No extrinsic evidence, whether oral or written, will
be incorporated.
Terms
and Conditions of Use
Use of the Site
You
confirm that you are at least 18 years of age or are accessing the
Site under the supervision of a parent or legal guardian.
Both
parties agree that this website may only be used in accordance with
these Terms and Conditions of Use. If you do not agree with the Terms
and Conditions of Use or do not wish to be bound by them, you agree
to refrain from using this website.
We grant you a
non-transferable, revocable and non-exclusive license to use this
Site, in accordance with the Terms and Conditions of Use, for such
things as: shopping for personal items sold on the site, gathering
prior information regarding our products and services and making
purchases. Commercial use or use on behalf of any third party is
prohibited, except as explicitly permitted by us in advance. These
Terms and Conditions of Use specifically prohibit actions such as:
accessing our servers or internal computer systems, interfering in
any way with the functionality of this website, gathering or altering
any underlying software code, infringing any intellectual property
rights. This list is non-exhaustive and similar actions are also
strictly prohibited.
Any breach of these Terms and Conditions of
Use shall result in the immediate revocation of the license granted
in this paragraph without prior notice to you. Should we determine at
our sole discretion that you are in breach of any of these
conditions, we reserve the right to deny you access to this website
and its contents and do so without prejudice to any available
remedies at law or otherwise.
Certain services and related
features that may be made available on the Site may require
registration or subscription. Should you choose to register or
subscribe for any such services or related features, you agree to
provide accurate and current information about yourself, and to
promptly update such information if there are any changes. Every user
of the Site is solely responsible for keeping passwords and other
account identifiers safe and secure.
The account owner is
entirely responsible for all activities that occur under such
password or account. Furthermore, you must notify us of any
unauthorized use of your password or account. The Site shall not be
responsible or liable, directly or indirectly, in any way for any
loss or damage of any kind incurred as a result of, or in connection
with, your failure to comply with this section.
During the
registration process you agree to receive promotional emails from the
Site. You can subsequently opt out of receiving such promotional
e-mails by clicking on the link at the bottom of any promotional
email.
User Submissions
Anything
that you submit to the Site and/or provide to us, including but not
limited to, questions, reviews, comments, and suggestions
(collectively, "Submissions") will become our sole and
exclusive property and shall not be returned to you.
In addition
to the rights applicable to any Submission, when you post comments or
reviews to the Site, you also grant us the right to use the name that
you submit, in connection with such review, comment, or other
content.
You shall not use a false e-mail address, pretend to be
someone other than yourself or otherwise mislead us or third parties
as to the origin of any Submissions. We may, but shall not be
obligated to, remove or edit any Submissions.
By completing an
order or signing up, you agree to receive a) emails associated with
finalizing your order, which may contain relevant offers from third
parties, and b) emails asking you to review dealboku and your
purchase and c) promotional emails, SMS and push notifications from
dealboku. You may unsubscribe from promotional emails via a link
provided in each email. If you would like us to remove your personal
information from our database, unsubscribe from emails and/or SMS,
please email Customer Service email address by country.
Information
Available on Website
You
accept that the information contained in this website is provided ìas
is, where isî, is intended for information purposes only and that it
is subject to change without notice. Although we take reasonable
steps to ensure the accuracy of information and we believe the
information to be reliable when posted, it should not be relied upon
and it does not in any way constitute either a representation or a
warranty or a guarantee.
Product representations expressed on
this Site are those of the vendor and are not made by us. Submissions
or opinions expressed on this Site are those of the individual
posting such content and may not reflect our opinions.
We make
no representations as to the merchantability of any products listed
on our website, and we hereby disclaim all warranties, whether
express or implied, as to the merchantability and/or fitness of the
products listed on our website for any particular purpose. We shall
not be held responsible or made liable for any damages or injury
which may arise as a result of any error, omission, interruption,
deletion, delay in operation or transmission, computer virus,
communication failure and defect in the information, content,
materials, software or other services included on or otherwise made
available through our Website. We understand that certain state laws
do not allow limitations on implied warranties or limitation of
certain damages, these disclaimers may therefore not apply where
these laws are applicable.
Accessibility of
Website
Our
aim is to ensure accessibility to the website at all times, however
we make no representation of that nature and reserves the right to
terminate the website at any time and without notice. You accept that
service interruption may occur in order to allow for website
improvements, scheduled maintenance or may also be due to outside
factors beyond our control.
Links and Thirds
Party Websites
We
may include links to third party websites at any time. However, the
existence of a link to another website should not be consider as an
affiliation or a partnership with a third party or viewed as an
endorsement of a particular website unless explicitly stated
otherwise.
In the event the user follows a link to another
website, he or she does so at his or her own risk. We accept no
responsibility for any content, including, but not limited to,
information, products and services, available on third party
websites.
Creating a link to this website is strictly forbidden
without our prior written consent. Furthermore, we reserve the right
to revoke our consent without notice or justification.
Intellectual
Property
Both
parties agree that all intellectual property rights and database
rights, whether registered or unregistered, in the Site, information
content on the Site and all the website design, including, but not
limited to, text, graphics, software, photos, video, music, sound,
and their selection and arrangement, and all software compilations,
underlying source code and software shall remain at all times vested
in us or our licensors. Use of such material will only be permitted
as expressly authorized by us or our licensors.
Any unauthorised
use of the material and content of this website is strictly
prohibited and you agree not to, or facilitate any third party to,
copy, reproduce, transmit, publish, display, distribute, commercially
exploit or create derivative works of such material and content.
Data Protection
Any
personal information collected in relation to the use of this website
will be held and used in accordant with our Privacy Policy, which is
available on our Site. dealboku stores the address and might use it
for commercial purposes
Indemnity
You
agree to indemnify and hold us, our affiliates, officers, directors,
agents and/or employees, as the case may be, free from any claim or
demand, including reasonable legal fees, related to your breach of
these Terms of Use and User Agreement.
Applicable Law and
Jurisdiction
These
Terms and Conditions of Use shall be interpreted and governed by the
laws in force in the Federal Republic of Nigeria. Subject to the
Arbitration section below, each party hereby agrees to submit to the
jurisdiction of the courts of Nigeria and to waive any objections
based upon venue.
Arbitration
Any
controversy, claim or dispute arising out of or relating to these
Terms and Conditions of Use will be referred to and finally settled
by private and confidential binding arbitration before a single
arbitrator held in Nigeria in English and governed by Nigeria law
pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the
Federation of Nigeria 2004, as amended, replaced or re-enacted from
time to time.
The arbitrator shall be a person who is legally
trained and who has experience in the information technology field in
Nigeria and is independent of either party. Notwithstanding the
foregoing, the Site reserves the right to pursue the protection of
intellectual property rights and confidential information through
injunctive or other equitable relief through the courts.
Termination
In
addition to any other legal or equitable remedies, we may, without
prior notice to you, immediately terminate the Terms and Conditions
of Use or revoke any or all of your rights granted under the Terms
and Conditions of Use.
Upon any termination of this Agreement,
you shall immediately cease all access to and use of the Site and we
shall, in addition to any other legal or equitable remedies,
immediately revoke all password(s) and account identification issued
to you and deny your access to and use of this Site in whole or in
part. Any termination of this agreement shall not affect the
respective rights and obligations (including without limitation,
payment obligations) of the parties arising before the date of
termination. You furthermore agree that the Site shall not be liable
to you or to any other person as a result of any such suspension or
termination.
If you are dissatisfied with the Site or with any
terms, conditions, rules, policies, guidelines, or practices of
E-Cart Internet Services Nigeria Limited in operating the Site, your
sole and exclusive remedy is to discontinue using the Site.
Severability
If
any portion of these terms or conditions is held by any court or
tribunal to be invalid or unenforceable, either in whole or in part,
then that part shall be severed from these Terms and Conditions of
Use and shall not affect the validity or enforceability of any other
section listed in this document.
Miscellanuous
Provisions
You
agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing.
Assigning
or sub-contracting any of your rights or obligations under these
Terms and Conditions of Use to any third party is prohibited unless
agreed upon in writing by the seller.
We reserve the right to
transfer, assign or sub-contract the benefit of the whole or part of
any rights or obligations under these Terms and Conditions of Use to
any third party.
Terms
and Conditions of Sale
General
You
confirm that you are at least 18 years of age or are accessing the
Site under the supervision of a parent or legal guardian. You agree
that if you are unsure of the meaning of any part of the Terms and
Conditions of Sale, you will not hesitate to contact us for
clarification prior to making a purchase.
These Terms and
Conditions of Sale fully govern the sale of goods and services
purchased on this Site. No extrinsic evidence, whether oral or
written, will be incorporated.
Formation of
Contract
Both
parties agree that browsing the website and gathering information
regarding the services provided by the seller does not constitute an
offer to sell, but merely an invitation to treat. The parties accept
that an offer is only made once you have selected the item you intend
to purchase, chosen your preferred payment method, proceeded to the
checkout and completed the checkout process.
Both parties agree
that the acceptance of the offer is not made when the seller contacts
you by phone or by email to confirm that the order has been placed
online. Your offer is only accepted when we dispatch the product to
you and inform you either by email or by phone of the dispatch of
your ordered product. Before your order is confirmed, you may be
asked to provide additional verifications or information, including
but not limited to phone number and address, before we accept the
order.
Please note that there are cases when an order cannot be
processed for various reasons. The Site reserves the right to refuse
or cancel any order for any reason at any given time.
Acceptance of
Electronic Documents
You
agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing.
Payment and Pricing
We
are determined to provide the most accurate pricing information on
the Site to our users; however, errors may still occur, such as cases
when the price of an item is not displayed correctly on the website.
As such, we reserve the right to refuse or cancel any order. In the
event that an item is mispriced, we may, at our own discretion,
either contact you for instructions or cancel your order and notify
you of such cancellation.
We shall have the right to refuse or
cancel any such orders whether or not the order has been confirmed
and your credit/debit card charged. In the event that we are unable
to provide the services, we will inform you of this as soon as
possible. A full refund will be given where you have already paid for
the products.
Feel free to check our payments methods here.
Use of Voucher
Codes
Our
Site accepts the use of voucher codes for orders placed online. The
marketing voucher codes which are accepted on our Site entitle you at
the time of ordering a product to a saving on the order being placed
on our Site. Vouchers may also be issued to customers in exchange for
advance payments made to us via transfer to our bank accounts for
products intended to be purchased on the Site.
Our voucher codes
may not be exchanged for cash. With the exception of vouchers issued
in accordance with our refunds policy and vouchers issued in exchange
for advance payments, we reserve the right to cancel or withdraw our
voucher codes at any time.
Liability of
Parties on the dealboku Marketplace
We
also operate a marketplace which is open for third-parties to sell
their products on our website. None of the products listed on the
dealboku Marketplace are owned or sold by us, neither are we involved
in the actual sale transaction between the buyers and sellers on the
dealboku Marketplace.
The buyer and seller agree that we would
be held free from any liability in contract, pre-contract or other
representations in tort, for all transactions conducted on the
dealboku Marketplace.
Delivery
This
Site is only for delivery of products to customers within Nigeria. We
make every effort to deliver goods within the estimated timescales
set out on our Site; however delays are occasionally inevitable due
to unforeseen factors. We shall be under no liability for any delay
or failure to deliver the products within the estimated timescales
where they did not occur due to our fault or negligence.
You
agree not to hold the seller liable for any delay or failure to
deliver products or otherwise perform any obligation as specified in
these Terms and Conditions of Sale if the same is wholly or partly
caused whether directly or indirectly by circumstances beyond our
reasonable control.
Return Policy
Our
Return Policy is as contained in the document titled ìReturn Policyî
on our Site. Check it here.
Indemnity
You
agree to indemnify us, our affiliates, officers, directors, agents
and/or employees, as the case may be, free from any claim or demand,
including reasonable legal fees, related to your breach of these
Terms and Conditions of Sale.
Applicable Law and
Jurisdiction
These
Terms and Conditions of Sale shall be interpreted and governed by the
laws in force in the Federal Republic of Nigeria. Subject to the
Arbitration section below, each party hereby agrees to submit to the
jurisdiction of the courts of Nigeria and to waive any objections
based upon venue.
Arbitration
Any
controversy, claim or dispute arising out of or relating to these
Terms and Conditions of Sale will be referred to and finally settled
by private and confidential binding arbitration before a single
arbitrator held in Nigeria in English and governed by Nigeria law
pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the
Federation of Nigeria 2004, as amended, replaced or re-enacted from
time to time.
The arbitrator shall be a person who is legally
trained and who has experience in the information technology field in
Nigeria and is independent of either party. Notwithstanding the
foregoing, the Site reserves the right to pursue the protection of
intellectual property rights and confidential information through
injunctive or other equitable relief through the courts.
Severability
If
any portion of these Terms or Conditions of Sale is held by any court
or tribunal to be invalid or unenforceable, either in whole or in
part, then that part shall be severed from these Terms and Conditions
of Sale and shall not affect the validity or enforceability of any
other section listed in this document.
Miscellaneous
Provisions
You
agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing.
Assigning
or sub-contracting any of your rights or obligations under these
Terms and Conditions of Sale to any third party is prohibited unless
agreed upon in writing by the seller.
We reserve the right to
transfer, assign or sub-contract the benefit of the whole or part of
any rights or obligations under these Terms and Conditions of Sale to
any third party.
Notice of Copyright
Infringement
If
you have any complaints with respect to the infringement of your
copyright, kindly write to the following address: dealboku Nigeria,
109 Adeniyi Jones, Ikeja, Lagos.
Who? Where?
Where you
believe that your intellectual property has been infringed upon on
our website, please notify us by email it to (insert physical address
and email address for copyright complaints). We expeditiously respond
to all concerns regarding copyright infringements.
We request
that you provide the following information along with your complaint:
-
A
physical or electronic signature of the person authorized to act on
behalf of the owner of the copyrighted work for the purposes of the
complaint.
-
A
proper description of the copyrighted work claimed to have been
infringed.
-
A
description of the location of the infringing material on our
Website.
-
The
address, telephone number or e-mail address of the complaining
party.
-
A
statement made by the complaining party that he has a good-faith
belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent or by law.
-
A
statement deposed to under oath, that the information in the notice
of copyright infringement is accurate, and that the complaining
party is authorized to act on behalf of the copyright owner. Please
note that this procedure is exclusively for notifying dealboku that
your copyrighted material has been infringed.