Last updated Sunday 06 June 2021
TERMS AND CONDITIONS
INTRODUCTION
We welcome you to the Afiaprime.com website (the "Site", “we”, “us”). These terms & conditions ("Terms") apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. These terms and conditions of use makeup a legally binding contract between Afiaprime and you. Please read them carefully before signing up.
Afiaprime reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms and conditions of Use periodically for changes. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes. As long as you comply with these Terms of Use, Afiaprime grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
1. In order to use certain features of the Service you may need to register an account on the Site (the “Account”) and provide certain information about yourself as prompted by the registration form.
2. You may create an Account as an individual or as an authorized representative of a company.
3. 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
4. You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.
5. We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
6. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
COMMUNICATIONS
When You use the Website or send emails or other data, information or communication to the Site, You agree and understand that You are communicating with Afiaprime through electronic records and You consent to receive communications via electronic records from us periodically. Afiaprime may communicate with You by email or by such other mode of communication, electronic or otherwise.
1. AFIAPRIME’S SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AFIAPRIME PLATFORM ARE PROVIDED BY AFIAPRIME ON AN "AS IS", "AS AVAILABLE" AND “WITH ALL FAULT” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
2. AFIAPRIME HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE EXISTENCE, QUALITY, SAFETY OR LEGALITY OF GOODS AND SERVICES PUBLISHED BY USERS ON THE PLATFORM; THE TRUSTWORTHINESS OR ACCURACY OF INFORMATION PROVIDED BY USERS IN THE ANNOUNCEMENTS; THE ABILITY OF SELLERS TO SELL GOODS OR TO PROVIDE SERVICES; THE ABILITY OF BUYERS TO PAY FOR GOODS OR SERVICES; OR THAT A USER WILL ACTUALLY COMPLETE A TRANSACTION. AFIAPRIME MAKES NO GUARANTEES CONCERNING THAT MANUFACTURING, IMPORT, EXPORT, OFFER, DISPLAYING, PURCHASE, SALE, ADVERTISING AND/OR USE OF PRODUCTS OR SERVICES, WHICH ARE OFFERED OR DISPLAYED ON THE PLATFORM DO NOT INFRINGE ANY THIRD PARTIES’ RIGHTS. THEREFORE, AFIAPRIME EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION TO MATERIALS AND INFORMATION POSTED BY USERS ON THE PLATFORM.
3. YOU ARE ENCOURAGED TO CHECK THE GOODS BEFORE PAYMENT AND TO REQUEST THE SELLER TO PROVIDE DOCUMENTS CONFIRMING COMPLIANCE OF THE GOODS WITH APPLICABLE REQUIREMENTS OF LAWS, REGULATIONS, RULES, GUIDELINES, STANDARDS.
4. AFIAPRIME DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCT (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5. NOTHING ON AFIAPRIME CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND.
6. ALL THE PRODUCTS SOLD ON AFIAPRIME ARE GOVERNED BY LAWS OF THE FEDERAL REPUBLIC OF NIGERIA.
7. AFIAPRIME WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AFIAPRIME SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AFIAPRIME SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CONDITIONS OF USE
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.
The Site is an online platform that allows users to create and publish announcements, to view announcements published by other users, to communicate with other users using the contact details provided in the announcements.
Afiaprime is an administrator. We are not an importer, manufacturer, distributor, or seller of any item, as well as not a provider of any service posted by users on the Site. The actual sale and purchase contracts or services contracts are entered into directly between the users, and the Afiaprime itself is not a party to such transactions. We only provides users with an opportunity to communicate.
We grant you a non-transferable, revocable and non-exclusive licence 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.
Both parties agree that this website may only be used in accordance with these Terms and Conditions. If you do not agree with the Terms and Conditions or do not wish to be bound by them, you agree to refrain from using this website.
These Terms and Conditions 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 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.
CONDITIONS OF SALE
These Terms and Conditions fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.
By using the Service, you represent and warrant that:
1. You have the legal capacity and you agree to comply with the Terms;
2. If you register yourself as a representative of a legal entity, you are authorized by the company to enter into an agreement with us and with users of the Site;
3. You are above 18 years of age;
4. You will or have provided true, accurate, and complete information in your Account;
5. You will update your information on your Account to maintain its truthfulness, accuracy, and completeness;
6. You will immediately change data for access to the Site if you have a suspicion that your Account access details were disclosed or probably used by the third parties;
7. You will notify Afiaprime of any unauthorized access to your Account;
8. You will not provide any false or misleading information about your identity or location in your Account;
9. You will use the Site in strict abidance by applicable laws, regulations, rules, guidelines;
10. You will not use the Service for any illegal or unauthorized purpose;
11. You will not post on the Site announcements that offer for sale or exchange any Prohibited Items
12. You will not post on the Site announcements that infringe other person’s rights or interests, including any intellectual property rights or any other personal or proprietary rights of any third party.
13. You will not post on the Site announcements that include:
· false, misleading or deceptive statements;
· personal or identifying information about minors or other persons without the proper consent;
· pornographic, overtly sexual materials;
· depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition;
· defamatory, discriminatory, mean-spirited, threatening or harassing, improper, unacceptable materials, vulgar or abusive language;
· advocacy of hate, violence, discrimination, racism, xenophobia, ethnic conflicts;
· appeals to violence and unlawful actions;
· offers of prostitution or other services contradicting moral or legal norms;
· services, provision of which is prohibited by the applicable law;
· information of solely promotional nature with no offers of specific goods or services;
· counterfeit and imitated goods or unauthorized copies. Unauthorized copies include also goods having been acquired by illegal means, pirated or stolen; and
· direct or indirect references to any other web sites, references, or information about websites competing with the Site;
· You will not use software and pursue any other actions aimed to interference with the normal operation of the Site;
· You will not promote or distribute unsolicited commercial emails, chain letters, Ponzi schemes through the Site or by any other means towards other users of the Site;
· You will not copy, modify, distribute any other User Content without consent of the respective user;
· You will not harvest or otherwise 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 and provide access to, or in any other way use worms, viruses, trojans, and other malware;
· You have a legal title to the items offered for sale in your announcement; and
· You have the necessary license or are otherwise authorized, as required by applicable law, to offer for sale, to advertise, and distribute goods described in your announcement.
INFORMATION AVAILABLE ON WEBSITE
You accept that the information contained in this website is provided “as is, where is”, 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.
LIABILITY OF PARTIES ON THE AFIAPRIME MARKETPLACE
Afiaprime operates a marketplace which is open for third-parties to sell their products on our website. None of the products listed on the Afiaprime Marketplace are owned or sold by us, neither are we involved in the actual sale transaction between the buyers and sellers on the Afiaprime 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 Afiaprime Marketplace.
LINKS AND THIRD 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 considered 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 RIGHTS
1. Information you submit to us as part of your registration, and any data, text, pictures and other materials that you may submit or post on the Site (the “User Content”) remain your intellectual property, and Afiaprime does not claim any ownership of the copyright or other proprietary intellectual property rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that Afiaprime may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and conditions.
2. You grant Afiaprime a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Afiaprime, your Afiaprime shop, or the Services in general, in any formats and through any channels, including across any Afiaprime Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
3. You agree, and represent and warrant, that your use of the Service, or any portion thereof, will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties.
4. If you are a holder of intellectual property rights or a person authorized to act in the name of a holder of intellectual property rights and you reasonably believe that information that is posted to the Site someway infringes your intellectual property rights or intellectual property rights of a person, in which name you act, you may provide notification to Afiaprime requiring to delete such material. In this regard, you shall warrant that your appeal has a legal basis, and you act in good faith according to law.
5. If you believe that your intellectual property rights have been infringed, please submit your complaint to us contact@afiaprime.com.
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.
Afiaprime attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of any Afiaprime is accurate, complete, reliable, current, or error-free. If a product offered by Afiaprime itself is not as described, your sole remedy is to return it in unused condition.
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.
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 the product is dispatched 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.
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.
PAYMENT AND PRICING
1. The Site is generally free; however, it may contain payable services. For instance, we may set limits for publishing announcements in certain categories or offer advertising options for announcements on the Site.
2. The fees we charge for using payable services and payment methods accepted by us are disclosed on the Site.
3. 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 our product 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.
4. We reserve the right, in our sole discretion, to change the fees and acceptable payment methods from time to time and for any reason.
5. Unless otherwise explicitly provided by mandatory rules of the applicable law, the fees are non-refundable due to the nature of online services.
6. 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.
DELIVERY
This Site is only for delivery of products to customers within Nigeria. Vendors will 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 “Return Policy” on our Site.
INDEMNITY
You shall indemnify and hold harmless Afiaprime, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including attorneys' fees, made by you or any third party or penalty imposed due to or arising out of your use of the goods or services, or in the event you breach this Terms of Use, the Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party on Afiaprime.
APPLICABLE LAW
This Agreement shall be governed by and interpreted and construed in accordance with the laws of The Federal Republic of Nigeria. The place of jurisdiction shall be exclusively in Lagos, Nigeria.
TERMINATION OF SERVICE
Afiaprime reserves the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our goods and services with or without prior communications. You hereby consent that Afiaprime will under no circumstance be liable to you or any third party for any modification or discontinuance of availability of goods or services on the website.
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.
If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Afiaprime 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 and shall not affect the validity or enforceability of any other section listed in this document.
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 Afiaprime and your purchase and
c) Promotional emails, SMS and push notifications from Afiaprime. 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 contact on our site.
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.
GOVERNING LAW AND DISPUTE RESOLUTION
As regards any dispute relating in any way to your use of any Afiaprime Service, or to any products or services sold or distributed by Afiaprime. Party do hereby covenant that he/she shall not commence or maintain any suit against Afiaprime whether at law or in equity, but Parties shall use all reasonable endeavours to settle any dispute or difference of opinion between them, arising from or in connection with this Agreement amicably through mutual discussion. If the dispute cannot be resolved by mutual discussions within a period of fourteen (14) days from the date of notice, such dispute or claim will be resolved by binding arbitration, rather than in court. And the decision by the arbitrator shall be final. Each party shall provide his/her own arbitrator at their own cost. Both arbitrators shall agree on a neutral arbitrator whose decision will be final. The fee for the Neutral arbitrator shall be shared equally by both parties. The Arbitration shall be carried out in accordance with the provisions of the Arbitration and Conciliation Act Cap A18 Laws of the Federation 2004 or any amendment or re-enactment thereof. The Arbitration shall take place in Lagos, Nigeria and be conducted in English Language.
TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions.
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 Afiaprime in operating the Site, your sole and exclusive remedy is to discontinue using the Site.