Terms Of Use

TERMS AND CONDITIONS

General Terms and Conditions of Use of our Marketplace for Buyers

1.       Introduction

Givt Mobile Limited operates an e-commerce website platform hereinafter that will be referred to as “marketplace”, with supporting logistics and payment infrastructure, for the purchase of consumer products in Nigeria hereinafter referred to as “territory”.

These general terms and conditions shall apply to buyers on the marketplace and shall govern your use of the marketplace and related services.

By using our marketplace, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our marketplace.

If you use our marketplace in the course of a business or other organizational project, then by so doing you:

1. Confirm that you have obtained the necessary authority to agree to these general terms and conditions;
2. 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

• Agree that “you” in these general terms and conditions shall reference the individual user and the relevant person, company, or legal entity unless the context requires otherwise.

2.      Registration and Account

1. You may not register with our marketplace if you are under 18 years of age (by using our marketplace or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age).
2. You may register for an account with our marketplace by completing and submitting the registration form on our marketplace

• You represent and warrant that all information provided in the registration form is complete and accurate.

1. 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:

• keep your password confidential;
• notify us in writing immediately (using our contact details provided) if you become aware of any disclosure of your password; and
• 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.

1. 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.
2. We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, 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 as provided in the “contact us section”.

3.      Returns and Refunds

1. Returned products shall be accepted and refunds issued by Givt Mobile
2. 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 at our discretion, subject to applicable laws of the territory. We may offer refunds, at our discretion:

• in respect of the product price;
• local transportation fees (as stated on the refunds page); and
• by way of mobile money transfer, bank transfers, or such other method as we may determine from time to time.

4.      Changes to Our Pages

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.

5.      Payments

You must make payments due under these general terms and conditions following the Payments Information and Guidelines on the marketplace.

6.      Our Rights to Use Your Content

1. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.
2. You grant us the right to sub-license the rights licensed under section 6.1

• You grant us the right to bring an action for infringement of the rights licensed under section 6.i.

1. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law
2. Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublished or edit any or all of your content.

7.      Use of Website

1. In this section 7 words, “marketplace” and “website” shall be used interchangeably to refer to Givt Mobile’s website
2. You may:

• view pages from our website in a web browser;
• download pages from our website for caching in a web browser;
• print pages from our website for your own personal and noncommercial use, providing that such printing is not systematic or excessive;
• stream audio and video files from our website using the media player on our website; and
• use our marketplace services using a web browser, subject to the other provisions of these general terms and conditions.
• Except as expressly permitted by section 7.2 or the other provisions of these general terms and conditions, you must not download any material from our website or save any such material to your computer

1. You may only use our website for your own personal purpose in respect of purchasing products on the marketplace
2. Unless you own or control the relevant rights in the material, you must not:

• republish material from our website (including republication on another website);
• sell, rent, or sub-license material from our website;
• show any material from our website in public;
• exploit material from our website for a commercial purpose; or
• redistribute material from our website.

7. Notwithstanding section 7.VI, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.

• We reserve the right to suspend or restrict access to our website, to areas of our website, and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
• You must not:
  • use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity, or security of the website;
  • 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;
  • hack or otherwise tamper with our website; probe, scan or test the vulnerability of our website without our permission; circumvent any authentication or security systems or processes on or relating to our website;
  • 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;
  • impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
  • decrypt or decipher any communications sent by or to our website without our permission;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or concerning our website without our express written consent;
  • access or otherwise interact with our website using any robot, spider, or other automated means, except for search engine indexing;
  • use our website except through our public interfaces;
  • violate the directives set out in the robots.txt file for our website;
  • use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
  • do anything that interferes with the normal use of our website.

8.      Copyright and Trademarks

1. Subject to the express provisions of these general terms and conditions:

• we own and control all the copyright and other intellectual property rights in our website and the material on our website; and
• All the copyright and other intellectual property rights on our website and the material on our website are reserved.

1. Givt Mobile’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we do not permit the use of these trademarks, and such use may constitute an infringement of our rights.

• The third-party registered (if any) and unregistered trademarks or service marks (if any) 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

9.      Data Privacy

1. Buyers agree to the processing of their personal data following the terms of Givt Mobile’s Privacy and Cookie Notice
2. Givt Mobile shall process all personal data obtained through the marketplace and related services following the terms of our Privacy and Cookie Notice and Privacy Policy.

10.   Due Diligence and Audit Rights

1. We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.
2. You agree to provide to us all such information, documentation and access to your business premises as we may require:

• to verify your adherence to, and performance of, your obligations under this Agreement;
• for disclosures under a valid order by a court or other governmental body; or
• as otherwise required by law or applicable regulation

11.    Breaches of These General Terms and Conditions

1. If we permit the registration of an account on our marketplace it will remain open indefinitely, subject to these general terms and conditions.
2. If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any Givt Mobile codes, policies, or guidelines in any way we may:

• temporarily suspend your access to our marketplace;
• permanently prohibit you from accessing our marketplace;
• block computers using your IP address from accessing our marketplace;
• contact any or all of your internet service providers and request that they block your access to our marketplace;
• suspend or delete your account on our marketplace; and/or 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).

12.   Entire Agreement

These general terms and conditions and the Givt Mobile codes, policies, and guidelines shall constitute the entire agreement between you and us concerning your use of our marketplace and shall supersede all previous agreements between you and us concerning your use of our marketplace.

13.   Hierarchy

Should these general terms and conditions and the Givt Mobile codes, policies, and guidelines conflict, these terms and conditions, and the Givt Mobile codes, policies and guidelines shall prevail in the order here stated.

14.   Variation

We may revise these general terms and conditions and the Givt Mobile codes, policies, and guidelines from time to time.

The revised general terms and conditions shall apply from the date of publication on the marketplace.

15.   Severability

1. If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16.   Assignment

1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise, deal with any of your rights and/or obligations under these general terms and conditions.

17.   Law and Jurisdiction

1. These general terms and conditions shall be governed by and construed following the laws of the territory.
2. Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.

18.   Our company details

The marketplace is operated by Givt Mobile Limited. A registered trademark of our parent company, Nurenta Global Concept Limited, registered in Nigeria under registration number RC1230435, and our Head Office is at Providence Plaza, Plot 17 and 18, Olokonla, Ajah, Lagos. You can contact us by using our marketplace contact form.