TERMS AND CONDITIONS OF USE
Welcome to nairamarkets.com. Osm-Finc Ltd and/or its affiliates ("Nairamarkets") provide website features and other products and services to you when you visit or shop at nairamarkets.com, use Nairamarkets products or services, use Nairamarkets applications for mobile, or use software provided by Osm-Finc in connection with any of the foregoing (collectively, " Nairamarkets Services"). By using the Nairamarkets Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.
Please read these conditions carefully. We offer a wide range of nairamarkets.com Services, and sometimes additional terms may apply. When you use an Nairamarkets Service (for example, Your Profile, Gift Cards, Nairamarkets Video, Your Media Library, or Nairamarkets applications) you also will be subject to the guidelines, terms and agreements applicable to that Nairamarkets Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Nairamarkets Services, to understand our practices.
When you use Nairamarket Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Nairamarkets Services, such as our Message Center, and you can retain copies of these communications for your records. 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.
All content included in or made available through any Nairamarkets Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Nairamarkets or its content suppliers and protected by Nigerian and international copyright laws. The compilation of all content included in or made available through any Nairamarkets Service is the exclusive property of Nairamarkets and protected by Nigerian and international copyright laws.
Click here to see a non-exhaustive list of Nairamarkets trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Nairamarkets Service are trademarks or trade dress of Nairamarkets in Nigeria. and other countries. Nairamarkets 's trademarks and trade dress may not be used in connection with any product or service that is not Nairamarkets 's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nairamarkets. All other Nairamarkets not owned by Nairamarkets that appear in any Nairamarkets Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nairamarkets.
One or more patents owned by Nairamarkets apply to the Nairamarkets Services and to the features and services accessible via the Nairamarkets Services. Portions of the Nairamarkets Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Nairamarkets patents and applicable licensed patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Nairamarkets or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Nairamarkets Services. This license does not include any resale or commercial use of any Nairamarkets Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Nairamarkets Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Nairamarkets or its licensors, suppliers, publishers, rightsholders, or other content providers. No Nairamarkets Service, nor any part of any Nairamarkets Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Nairamarkets. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nairamarkets without express written consent. You may not use any meta tags or any other "hidden text" utilizing Nairamarkets 's name or trademarks without the express written consent of Nairamarkets. You may not misuse the Nairamarkets Services. You may use the Nairamarkets Services only as permitted by law. The licenses granted by Nairamarkets terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Nairamarkets account to use certain Nairamarkets Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Nairamarkets does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Nairamarkets Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Nairamarkets Household. Alcohol listings on Nairamarkets are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Nairamarkets reserves the right to refuse service, terminate accounts, terminate your rights to use Nairamarkets Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Nairamarkets reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Nairamarkets a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Nairamarkets and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Nairamarkets for all claims resulting from content you supply. Nairamarkets has the right but not the obligation to monitor and edit or remove any activity or content. Nairamarkets takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Nairamarkets respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement
RISK OF LOSS
All purchases of physical items from Nairamarkets are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Nairamarkets does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Nairamarkets does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.
Nairamarkets attempts to be as accurate as possible. However, Nairamarkets does not warrant that product descriptions or other content of any Nairamarkets Service is accurate, complete, reliable, current, or error-free. If a product offered by Nairamarkets itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Nairamarkets and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Nairamarkets.
With respect to items sold by Nairamarkets, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Nairamarkets is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by Nairamarkets, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here.
SANCTIONS AND EXPORT POLICY
You may not use any Nairamarkets Service if you are the subject of Nigeria sanctions or of sanctions consistent with Nigerian law imposed by the governments of the country where you are using Nairamarkets Services. You must comply with all Nigerian or other export and re-export restrictions that may apply to goods, software (including Nairamarkets Software), technology, and services.
Parties other than Nairamarkets operate stores, provide services or software, or sell product lines through the Nairamarkets Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Nairamarkets. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Nairamarkets does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE NAIRAMARKETS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NAIRAMARKETS SERVICES ARE PROVIDED BY NAIRAMARKETS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NAIRAMARKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NAIRAMARKETS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NAIRAMARKETS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NAIRAMARKETS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, NAIRAMARKETS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NAIRAMARKETS DOES NOT WARRANT THAT THE NAIRAMARKETS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NAIRAMARKETS SERVICES, NAIRAMARKETS 'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NAIRAMARKETS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, NAIRAMARKETS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NAIRAMARKETS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NAIRAMARKETS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Nairamarkets Service will be adjudicated in the State or Federal courts in Nigeria, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
By using any Nairamarkets Service, you agree that applicable federal law, and the laws of the Federal Republic of Nigeria, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Nairamarkets.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of Nairamarkets Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
35 Moloney Street, Obalende,
Lagos Island, Lagos State, Nigeria
ADDITIONAL NAIRAMARKETS SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Nairamarkets Services (the " Nairamarkets Software").
>Use of the Nairamarkets Software.
You may use Nairamarkets Software solely for purposes of enabling you to use the Nairamarkets Services as provided by Nairamarkets, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Nairamarkets Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Nairamarkets Software in whole or in part. All software used in any Nairamarkets Service is the property of Nairamarkets or its software suppliers and is protected by Nigerian and international copyright laws.
Use of Third Party Services.
No Reverse Engineering.
You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Nairamarkets Software, whether in whole or in part. Updates. We may offer automatic or manual updates to the Nairamarkets Software at any time and without notice to you.
Government End Users.
If you are a Nigerian Government end user, we are licensing the Nairamarkets Software to you as a "Commercial Item" and the rights we grant you to the Nairamarkets Software are the same as the rights we grant to all others under these Conditions of Use. Conflicts. In the event of any conflict between these Conditions of Use and any other Nairamarkets or third-party terms applicable to any portion of Nairamarkets Software, such as open-source license terms, such other terms will control as to that portion of the Nairamarkets Software and to the extent of the conflict.
HOW TO SERVE A LEGAL PROCESS
Nairamarkets accepts service of legal process only through Nairamarkets’s national registered address, legal process may be served by sending them to the address listed above. Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for devices; and IP address and complete time stamps.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances. Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.