Introduction
Welcome to SOMIDAX MARKETPLACE (https://marketplace.somidax.net)( a division
of SOMIDAX(SOMIDAX.net) an ENL(RC:1235057) website (the "Site"). These terms & conditions
("Terms and Conditions") apply to the Site, and all of its divisions,
subsidiaries, and affiliate operated Internet sites which reference these Terms
and Conditions.
This website is owned and operated by ENL(RC:1235057) in Nigeria. For the purposes
of this website, "seller", "we", "us" and
"our" all refer https://marketplace.somidax.net
The Site reserves the right, to change, modify, add, or remove portions of both
the Terms and Conditions of Use and the Terms and Conditions of Sale at any
time. Changes will be effective when posted on the Site with no other notice
provided. Please check these Terms and Conditions regularly for updates. Your
continued use of the Site following the posting of changes to these Terms and
Conditions constitutes your acceptance of those changes.
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 SOMIDAX MARKETPLACE and your
purchase and c) promotional emails, SMS and push notifications from SOMIDAX
MARKETPLACE. 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 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.
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. SOMIDAX MARKETPLACE 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 ENL (RC:1235057) 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.
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 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 verification 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 at home page.
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 SOMIDAX 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 SOMIDAX MARKETPLACE are
owned or sold by us, neither are we involved in the actual sale transaction
between the buyers and sellers on the SOMIDAX 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 SOMIDAX 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 Policy 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 enforceable 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 at SOMIDAX.net or email us at
support@somidax.net
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 SOMIDAX
MARKETPLACE that your copyrighted material has been infringed.