1. ACCOUNT REGISTRATION
  2. In order to use certain features of the Service you may need to register an account on the Platform (“LOGIN/REG” “MY ACCOUNT”) and provide certain information about yourself as prompted by the registration form.
  3. 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).
  4. You may register for an account with our marketplace by completing and submitting the registration form on our marketplace
  5. You represent and warrant that all information provided in the registration form is complete and accurate.
  6. You may create an Account as an individual or as an authorized representative of a company
  7. If you register for an account with our marketplace, you will be asked to provide an email address/user ID/phone number and password and you agree to
  8. keep your password confidential;
  9. notify us in writing immediately, using our contact us page if you become aware of any disclosure of your password; and
  10. 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.
  11.  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.
  12. 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.

2. POSTING OF ANNOUNCEMENTS BY USERS

  1. A user shall provide to the Administrator any documents confirming the legitimacy of posting of announcements and identity documents upon the Administrator’s request.
  2. A user, who posts announcements with regard to sale of goods or services on the Platform, shall provide precise and complete information about such goods and services, as well as about the terms and conditions of sale and services provision.
  3. The terms and conditions of sale and services provision developed by the user shall not interfere with these Terms and applicable laws.
  4. Price of goods or services shall be exact. If it is perceived to be changed due to any specific circumstances, this shall be provided in the announcement.

3. Payments

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

4. Entire Agreement

These general terms and conditions and the Zola.ng codes, policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace

5. Hierarchy

Should these general terms and conditions, the seller terms and conditions, and the Zola.ng codes policies and guidelines be in conflict, these terms and conditions, the seller terms and conditions and the Zola.ng codes, policies and guidelines shall prevail in the order here stated.

6. Variation

  1. We may revise these general terms and conditions, the seller terms and conditions, and the Zola.ng codes, policies and guidelines from time to time.
  2. The revised general terms and conditions shall apply from the date of publication on the marketplace.

7. 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.

8. 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.

9. Third party rights

  1. A contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party
  2. The exercise of the parties’ rights under a contract under these general terms and conditions is not subject to the consent of any third party

10. Law and jurisdiction

  1. These general terms and conditions shall be governed by and construed in accordance with 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

11. Our company details

The marketplace is operated by Zola Digital Store. And our head office is at Ikotun Lagos

12. Indemnification

  1. You hereby indemnify us, and undertake to keep us indemnified, against:
    • any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our marketplace or any breach by you of any provision of these general terms and conditions or the Zola.ng codes, policies or guidelines; and
    • any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our marketplace, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.

13. 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 Zola.ng 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.
  3. 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).

14. Limitations and exclusions of liability

  1. Nothing in these general terms and conditions will:
    • limit any liabilities in any way that is not permitted under applicable law; or
    • exclude any liabilities or statutory rights that may not be excluded under applicable law.
  2. The limitations and exclusions of liability set out in this section 14 and elsewhere in these general terms and conditions:
    • are subject to section 14.1; and
    • govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions
  3. In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.
  4. Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the marketplace shall constitute a separate contract for the purpose of this section 14.4.
  5. Notwithstanding section 14.4 above, we will not be liable to you for any loss or damage of any nature, including in respect of:
    • any losses occasioned by any interruption or dysfunction to the website;
    • any losses arising out of any event or events beyond our reasonable control;
    • any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
    • any loss or corruption of any data, database or software; or
    • any special, indirect or consequential loss or damage.
  6. We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the marketplace or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
  7. Our marketplace includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. Zola.ng’s role as a marketplace

  1. You acknowledge that:
    • we do not confirm the identity of all marketplace users, check their credit worthiness or bona fides, or otherwise vet them;
    • we do not check, audit or monitor all information contained in listings;
    • we are not party to any contract for the sale or purchase of products advertised on the marketplace;
    • we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers;
    • we are not the agents for any buyer or seller

and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

  1. We do not warrant or represent:
    • the completeness or accuracy of the information published on our marketplace;
    • that the material on the marketplace is up to date;
    • that the marketplace will operate without fault; or
    • that the marketplace or any service on the marketplace will remain available.
  2. We reserve the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, at any time in our sole discretion without notice or explanation.
  3. We do not guarantee any commercial results concerning the use of the marketplace.
  4. To the maximum extent permitted by applicable law and subject to section 14.1 above, we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our marketplace and the use of our marketplace.

16. 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 to us the right to sub-license the rights licensed under section 15.1
  3. You grant to us the right to bring an action for infringement of the rights licensed under section 15.1.
  4. 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
  5. 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, unpublish or edit any or all of your content.

17. Rules about your content

  1. In these general terms and conditions, “your content” means:
    • all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our marketplace for storage or publication, processing by, or onward transmission; and
    • all communications on the marketplace, including product reviews, feedback and comments.
  2. Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete and truthful.
  3. Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet, and must not:
    • be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
    • depict violence in an explicit, graphic or gratuitous manner; or
    • be blasphemous, in breach of racial or religious hatred or discrimination legislation;
    • be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
    • cause annoyance, inconvenience or needless anxiety to any person; or
    • constitute spam.
  4. Your content must not be illegal or unlawful, infringe any person’s legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:
    • any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
    • any right of confidence, right of privacy or right under data protection legislation;
    • any contractual obligation owed to any person; or
    • any court order
  5. You must not use our marketplace to link to any website or web page consisting of or containing material that would, were it posted on our marketplace, breach the provisions of these general terms and conditions
  6. You must not submit to our marketplace any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
  7. The review function on the marketplace may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.
  8. You must not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or (ii) communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item; or (iii) contacting another user with the intent to collect any payments
  9. You acknowledge that all users of the marketplace are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.
  10. We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.
  11. If you learn of any unlawful material or activity on our marketplace, or any material or activity that breaches these general terms and conditions, you may inform us by contacting us as provided at section 23.

18. Returns and refunds

  1. Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with the returns page on the marketplace, as may be amended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of the territory
  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 in our discretion, subject to applicable laws of the territory. We may offer refunds, in our discretion:
    • in respect of the product price;
    • local and/or international shipping fees (as stated on the refunds page); and
    • by way of store credits, wallet refunds, vouchers, mobile money transfer, bank transfers or such other method as we may determine from time to time.
  3. Returned products shall be accepted and refunds issued by Zola.ng, for and on behalf of the seller.
  4. 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.

19. 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 Platform (the “User Content”) remain your intellectual property, and the Administrator 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 the Administrator 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 the Privacy Policy.
    1. You grant the Administrator the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service.
    1. 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.
    1. Materials on the Platform, except those posted by the user, 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 or are licensed by the Administrator representing items of copyright and of any other intellectual property rights. Any use of such Materials and Marks without prior notice of the Administrator is not allowed. Notice for Claims of Intellectual Property Violations and Copyright Infringement
    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 Platform 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.
    1. When providing relevant notification concerning infringement of rights you shall ensure that your request corresponds to the form below and includes the following:
      1. an appeal should include the physical or electronic signature of a person empowered for acting in the name of a holder of the right, which is believed to be infringed;
      1. the objects of intellectual property right, rights on which were supposedly infringed, shall be specified. If several objects exist, the entire list of such items shall be provided;
      1. you shall specify materials (with an indication of specific URL-pages), which are stated to infringe rights or themselves are the objects of infringement;
      1. you shall provide contact information so that the Administrator would be able to contact you, for example, address, phone number, and email address;
      1. signed application with regard to your faithful and reasonable belief in those 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;
      1. 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;
      1. 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 the exclusive right, which has been supposedly infringed;
      1. statutory regulations which you believe to be violated in connection to using of disputable content;
      1. state, in which territory you believe the rights to be infringed;
      1. 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.

The relevant notification shall be sent to email