Introduction

If you browse or otherwise access any content or data on the Abaglobal.com.ng website where this Terms and Condition appears in the footer, and to any Abaglobal.com.ng application, service, or tool (collectively “page” or “Service”) you agree to be bound by these terms. If you do not agree to these terms, please do not use this page. By using the page with or without Registered account, regardless of how you access or use it, including through mobile devices you are accepting the terms of this Terms of Conditions and any applicable posted guidelines for the Service. These Terms of Conditions shall be a legally binding agreement between the User and Administrator, which subject is a provision of access to use of the page and to its functionality to the User. Among these Terms of Conditions, the agreement between the User and the Administrator comprises also all specific documents, by which a provision of access to use of the page is regulated, including Privacy Policy, and other documents as well being developed by the Administrator from time to time. Administrator reserve the right to change Terms and Condition at any time by publishing the new Terms and Conditions on the page. By continuing to use the Service you are indicating your acceptance to be bound by the amended Terms and Conditions. “Administrator”, “we” or “us” – Local Content Administrator or other entity that exercise control over the Local Content Administrator, which renders the Services to the Users. “Local Content Administrator” — Abaglobal.com.ng Online Marketplace Nigeria Limited, entity incorporated under the laws of Nigeria. “User”, “you”, “your” – means any natural person eligible to conclude an agreement under the applicable law with Administrator and using any of Services with or without a Registered account.

1.General Provisions

1.1. For the registration of an account, you shall provide necessary veridical and current information for the purpose of generation of User account, which includes User’s unique login (email address), and a page password, as well as his/her surname and name. page Registration Form may require the User to provide more detailed information.

1.2. The site is a marketplace that allows users to offer, sell in a variety of pricing formats and locations. The actual contract for sale is directly between Users. In such a manner the Administrator is not a party of the transaction, but it only provides a communication trade platform for sales. We also have control over and do guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

1.3. Administrator does pursue actions focused on checking of materials posted by Users.

1.4. Administrator prevents infringement of copyright and intellectual property right infringement in the course of using this site and can delete any User material, which infringes intellectual property rights, at its own discretion without prior notice. We also may terminate Users’ access to the site, in the event that such Users repeatedly infringe rights or commit any actions in contrast to these Terms and Conditions.

1.5. We may set limits of active announcements for appropriate columns. The Administrator can render additional services of increasing of a column limit by means of sales of an announcements package.

1.6. The fees we charge for using our Services are listed on the site.

2. Having a shop/profile

2.1. Using the site, the User shall:

• 2.1.1. provide veridical, complete and current data during registration, ensure them being updated;

• 2.1.2. The User shall immediately change data for accessing to the shop/profile, if he/she has a suspicion that his/her email address and password used for entering to the site were disclosed or probably used by the third parties.

• 2.1.3. notify the Administrator of unauthorized access to the personal account and/or of unauthorized access to and/or use of User’s login and password;

• 2.1.4. prevent other Users’ getting access to the personal account or any specific information contained on it, if this can lead to violation of the laws of Nigeria and/or these Terms and Conditions;

• 2.1.5. avoid posting of information and objects (including references hereto) to the site, which can infringe other persons’ rights and interests;

• 2.1.6. avoid posting of information and objects (including references hereto) to the site prohibited by these Terms and Conditions and by applicable law.

• 2.2.1. log in as a User on behalf or instead of other person (“false account”). However, the account will be banned.

• 2.2.2. confuse User concerning his/her personality using login and password of any other registered User;

• 2.2.3. illegally download, store, post, distribute or provide access to or in any other way use intellectual property of Users and the third parties;

• 2.2.4. perform bulk mailing to the addresses of other page Users without their consents;

• 2.2.5. use software and pursue any other actions aimed to interference with normal operation of the page or Users personal areas;

• 2.2.6. download, store, post, distribute and provide access to, or in any other way use viruses, and other malware;

• 2.2.7. in any way, including, but not limited to, fraudulently, be way of breach of faith or crack, endeavor to get access to other User’s login and password ;

• 2.2.8. perform illegal collection and processing of other individuals’ personal data

• 2.2.10. reproduce, duplicate, copy, sell, carry out trade transactions and resell access to using of the site for any purposes, except when such actions were directly permitted to the User pursuant to a separate agreement with the Administrator;

• 2.2.11. post any other information, which is undesirable, disagrees with the purposes of creation of the site, encroaches Users’ interests or otherwise presents itself as undesirable for being posted to the page;

2.3. Each User shall warrant and acknowledge that:

• 2.3.1. he/she undertakes full responsibility for obtaining of all necessary permits in relation to any User content, which he/she represents, downloads, or displays;

• 2.3.2. any vendor content represented, downloaded or displayed by him/her does not infringe any copyrights, patents, rights for trademarks, firm names, commercial secrets or any other personal or proprietary rights of any third party (“Third party rights”); and

• 2.3.3. he/she is entitled and authorized for sale, distribution or export, or for offer for sale, trade, distribution or export of products and services described in User content, and such sale, trade, distribution or export, or offer does not infringe any Third party rights.

3 Administrator may request Vendor to provide the documents confirming legitimacy of posting of goods and services.

3.1. The Vendor warrants that goods/services he/she offers corresponds with quality norms established by legislation of states, in which they are sold, and are free of the third parties’ claims.

3.2. The Vendor warrants that goods/services he/she offers, provided that any special permits are needed for sale or rendering of them, will be sold/rendered in accordance with the requirements of states, which special authorities will be empowered to supervise such User’s activity.

3.3. The Vendor shall thoroughly check all information about goods and services posted by him/her to the site, and, in case of any incorrect information detected, add necessary data in the description of goods or services. If no possibility exists to do so, the User shall adjust incorrect information by having annulled the posted information about goods or services again.

3.4. Delivery conditions should be included in a goods description, and services terms and conditions should form a part of service description. Goods sale and service terms and conditions developed by the User shall not interfere with these Terms and Conditions and applicable legislation of states, for which they are sold.

3.5. Price of goods or services shall be exact. If it is perceived to be changed due to any specific circumstances, the terms and conditions of price change shall be provided in an announcement.

3.6. The User is not allowed to post or distribute:
• – false, misleading or deceitful information;
• – disreputable, defamatory, threatening or harassing, improper, unacceptable information;
• – discriminative information, or information that facilitates discrimination on the basis of race, sex, religion, nationality, invalidity, sexual orientation or age;
• – information which violates these Rules;
• – information which violates applicable laws and regulations (including, without limitation, those regulating export control, consumer protection, unfair competition or false advertising, intellectual property rights);
• – direct or indirect references to any other web sites, which comprise any content being able to violate these Rules;
• – vulgar abusive language;
• – advocacy of hate, violence, discrimination, racism, xenophobia, ethnic conflicts;
• – appeals to violence and unlawful actions;
• – data infringing personal (non-proprietary) rights and intellectual property rights of the third parties;
• – information that facilitates fraud, deception or breach of faith;
• – information leading to transactioning with stolen or counterfeit objects;
• – information violating or encroaching on the third party’s property, commercial secret or right to privacy;
• – personal or identifying information about other persons without their express consent;
• – information comprising data which may encroach on privacy right, abuse anybody’s honor, merit or business reputation;
• – information comprising slander or threats directed against whosoever;
• – information of pornographic nature;
• – information which may inflict damage to under-ages;
• – false or misleading information;
• – viruses or any other techniques being able to damage the page, Administrator or other Users;
• – information about services deemed to be immoral, such as prostitution or other forms contradicting moral or legal norms;
• – references or information about websites competing with the page services;
• – information representing “spam”, “chain letters”, “pyramids schemes” or undesirable or deceitful commercial advertising;
• – information distributed by information agencies;
• – information offering to earn over the Internet without employer’s actual address or direct contacts indicated;
• – information of multistage and network marketing or any other activity, which requires recruiting of other members, subagents, sub-distributors, etc.;
• – information of solely promotional nature with no offers of specific goods or services;
• – information or adverts about counterfeit and imitated goods or unauthorized copies. Unauthorized copies include also goods having been acquired by illegal means, pirated or stolen. Such goods may infringe intellectual property rights, and trademark rights as well;
• – information or adverts on sale being able otherwise to violate legislation of state, which this announcement is intended for.

4. Intellectual property rights

4.1. If Vendor posts legally owned content to the page, he/she hereby grants to other users and the Administrator non-exclusive rights for its use solely in the scope of functionality provided by the page, except when such use damages or may damage legally protected right holder’s interests.

4.2. The User also grants to the Administrator a non-exclusive right to use content, which is located on the page and legally owned by him/her, without a compensation so that the Administrator would be able to ensure operation of the page to the extent determined by its functionality and architecture. The abovementioned non-exclusive right is provided for the period of posting of content to the page covering all states over the world. The Administrator is entitled to assign rights described in this clause to the third parties.

4.3. Any use of the page or any content on the page, except that permitted by these Terms and Conditions or in the event of express right holder’s consent to such use, without prior written consent of a right holder is strictly prohibited.

4.4. Responsibility for violation of exclusive rights. The Vendor shall be solely responsible for any content or other information, which he/she downloads or in any other way make publicly available (posts) on the page, or by its means. The User shall not download, distribute or post content to the page, if he/she is not properly entitled to such activity. In case of infringement of rights being detected, the rules of filing of notification on the infringement of rights stipulated herein shall be used.

4.5. The Administrator may, but not shall, review the page for a presence of any prohibited content and may delete or displace (without notice) any content at its discretion, for any reason or without it, including but not limited to deletion or displacement of content which violates these Terms and Conditions, laws and/or may infringe rights, inflict damages or endanger safety of other Users or the third parties.

4.6. Materials on the page, except those posted by the Vendor, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. (“Materials”) and trademarks, service marks and logos included in it (“Marks”) belong to the Administrator representing items of copyright and of any other intellectual property rights. Unauthorized use of such Materials and Marks without prior notice of the Administrator is not allowed.

5. Notice for Claims of Intellectual Property Violations and Copyright Infringement

5.1. 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 which is posted to the page someway infringes your intellectual property rights or intellectual property rights of a person, in which name you act, you may provide notification to the Administrator 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.

5.2. Providing relevant notification concerning infringement of rights you shall ensure that your request corresponds to the form below and includes the following:
• – an appeal should include physical or electronic signature of a person empowered for acting in the name of a holder of exclusive right, which is believed to be infringed;
• – the items of intellectual property right, rights on which were supposedly infringed, shall be specified. If several items exist, the entire list of such items shall be provided ;
• – you shall specify materials (with an indication of specific URL-pages), which are stated to infringe rights or themselves are the objects of infringement;
• – you shall provide contact information so that the Administrator would be able to contact you, for example, address, phone number, and email address;
• – signed application with regard to your faithful and reasonable believe in that materials being the objects of complaint concerning infringement of intellectual property rights are used without a right holder’s or its representative’s consent, and also that this is not allowed by law;
• – signed application with regard to that a holder of intellectual property rights releases the Administrator from any third parties’ claims related to deletion of relevant materials by the Administrator;
• – signed application with regard to that information contained in a notification is accurate under penalty of perjury, and you are authorized to act in the name of a holder of exclusive right, which has been supposedly infringed;
• – statutory regulations indicated which you believe to be violated in connection to using of disputable content;
• – state indicated, in which territory you believe the rights to be infringed;
• – copies of documents establishing rights for an object of intellectual property right, which is subject to security, as well as a document that confirms powers for acting in the holder’s name, in attachments to your appeal. • – relevant notification shall be sent to email info.Abaglobalafrica@gmail.com

6. Antispam policy

These Rules strictly prohibit mailing out of undesirable advertisements via email, or of any other undesirable messages, or by means of the page. Administrator may periodically control letters delivery within the page for spam mailouts.

7. Limitation of liability

7.1. ALL SERVICES RENDERED BY THE ADMINISTRATOR ARE RENDERED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTIES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED.

7.2. THE ADMINISTRATOR MAKES NO WARRANTIES CONCERNING AUTHENTICITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENCY OF ANY INFORMATION PROVIDED BY MEANS OF THE page; THE ADMINISTRATOR MAKES NO WARRANTIES CONCERNING THAT MANUFACTURING, IMPORT, EXPORT, OFFER, DISPLAYING, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES, WHICH ARE OFFERED OR DISPLAYED ON THE page DO NOT INFRINGE ANY THIRD PARTIES’ RIGHTS; AND THE ADMINISTRATOR MAKES NO WARRANTIES OR REPRESENTATIONS OF WHATSOEVER NATURE CONCERNING ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED ON THE page.

7.3. Any data downloaded or in any other way acquired by means of the page are created at each User’s discretion, and each User shall be fully responsible for any damages inflicted to the computer system or loss of data, which may arise as a result of downloading of any such data.

7.4. The Administrator and affiliated parties shall bear no responsibility for materials posted by the Users, as well as for goods and services offered by the User for trade. The Administrator disclaims all warranties regarding that quality of goods and services acquired by means of the page will be consistent with a buyer’s expectations and/or demands. The Administrator makes no warranties about that goods, services or information ordered by means of the page will be provided by the page User in accordance with a buyer’s expectations.

8. Indemnity

8.1. Each User agrees to be obliged to indemnify the Administrator, affiliated parties, directors, officials and employees from any and all losses, claims, liabilities (as well as from legal costs to the fullest extent), which may arise following Users’ use of the page, as a result of violation of any condition of the Terms and Conditions, or violation of representations and warranties made by him/her towards the Administrator.

8.2. Each User hereby agrees to indemnify the Administrator, affiliated parties, directors, officials and employees from any and all losses, claims, liabilities, which may arise, whether directly or indirectly, as a result of any claims, made by holders/claimants of the Third parties or other parties’ rights, related to the goods and services offered or displayed on the page. Each User hereby acknowledges that the Administrator shall have no liabilities or responsibilities against you with regard to any data posted by any other persons, as well as those discreditable or illegal, and risk of losses related to such data remains entirely with each User.

8.3. The Administrator shall not be responsible for any expressed or implicit, penalty, accidental or consequential losses or damage of whatsoever nature (including, but not limited to, losses related to loss of profit or saving, termination of business, loss of information, loss of benefit), incurred as a result of transactioning, negligence, delinquency, or in any other way, or any other losses related to the following actions:
• – use or impossibility of use of the page; • – in case of any defects of goods, patterns, data, information or services purchased of otherwise acquired from the User or by any other party by means of the page;
• – infringement of the third-party’s rights or claims, or requirements for production, import, export, distribution, offer, display, acquisition, sale and/or use of User’s products or services, offered or displayed on the page, which may infringe or may be purported as infringing the third parties’ rights; or a claim of any party related to rights protection;
• – unauthorized third parties’ access to any User’s data or personal information;
• – applications or actions of any page User; or
• – other actions related to use of page and arising by negligence, as well.

9. Enforcement

9.1. The Administrator reserves a right to delete or block access to information posted by User without notice in the event of:
• – receiving of mandatory judgments of competent public authorities;
• – claim of a holder of intellectual property rights to terminate infringement of his/her rights by a user on the page; other infringements of rights or legal interests of other page Users, of legal entities or individuals upon their reasonable appeal;
• – detecting information, which posting to the page is prohibited under these Rules.

9.2. The Administrator shall be entitled to block access to information posted by users to the page at its sole discretion having provided a user with relevant substantiation.

10. Users and organizations interaction

10.1. The Administrator disclaims any responsibility for User’s interaction with any organizations and/or persons in the course of using of the page. This includes, but not limited to, payments for and delivery of goods and services, as well as any other interaction in relation to other organizations and/or individuals. Transactions are concluded only between Users and such organizations and/or individuals. The Administrator disclaims responsibility for such interactions or other losses incurred following such relations or interactions. If any dispute arises between you and one or several other users, you shall indemnify the Administrator, its officials, employees, agents and successors from any and all claims, requirements and losses (whether direct or indirect) of whatsoever kind or nature, which arise or relate to such disputes and /or goods and services.

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