TERMS AND CONDITIONS

 USER AGREEMENT

This User Agreement is effective upon acceptance:

  1. Introduction
  2. About Shoppersland
  3. Using Shoppersland
  4. Policy Enforcement
  5. Charges
  6. Purchase Conditions
  7. International Buying and Selling; Translation
  • Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to the Sections 15 & 16 of the Nigerian Copyright Act Cap 28 LFN 2004.
  1. Authorization to Contact You; Recording Calls
  2. Additional Terms
  • Returns and Cancellations
  • Managed Payments Experience
  1. Disclaimer of Warranties; Limitation of Liability
  2. Indemnity
  3. Legal Disputes
  4. General

 

  1. Introduction

This User Agreement, the Mobile Application Terms of Use, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively “Services”) set out the terms on which Shoppersland offers you access to and use of our Services. You can find an overview of our policies here. The Mobile Application Terms of Use, all policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services.

The entity you are contracting with is: Shoppersland Limited., D61 Cabana Suite Sheraton Hotel & Towers Ladi Kwali Way Abuja FCT, Nigeria. In this User Agreement, these entities are individually and collectively referred to as “Shoppersland,” “we,” or “us.” Or “seller”.

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see “Disclaimer of Warranties; Limitation of Liability” and “Legal Disputes” provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”). If you do not opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a Plaintiff or Class Member in any Class or Representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

  1. About Shoppersland

Shoppersland is a market place that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer.

Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational, and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Shoppersland has no control over and does not 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. Using Shoppersland

In connection with using or accessing the Services you will not:

  • Post, list or upload content or items in inappropriate categories or areas on our sites;
  • Breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
  • Use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • Fail to pay for items purchased by you, unless you have a valid reason as set out in the Shoppersland policy, for example, the seller has materially changed the item’s description after you signify your interest to purchase, a clear typographical error is made, or you cannot contact the seller;
  • Transfer your Shoppersland account (including Feedback) and user ID to another party without our consent;
  • Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • Distribute viruses or any other technologies that may harm Shoppersland or the interests or property of users;
  • Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Shoppersland;
  • Interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • Export or re-export any Shoppersland application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Shoppersland. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Shoppersland or someone else;
  • Infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
  • Commercialize any Shoppersland application or any information or software associated with such application, except with the prior express permission of Shoppersland;
  • Harvest or otherwise collect information about users without their consent; or
  • Circumvent any technical measures used to provide the Services

Users have the right to edit “ONLY” the following personal information :

  • Phone number (it can be modified)
  • Delivery address can be altered or modified
  • Email address cannot be edited because it is tantamount to opening a new account. Email address are the major means of identification indigenous to each user

If we believe you are abusing Shoppersland and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

If we believe you are violating the policy on Offers to buy, you may be subject to a range of actions, including limits on your buying privileges.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

  1. Policy Enforcement

When issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing.

  1. Charges

The shipping and handling charges varies from one location to another. Buyers are at liberty to choose their preferred mode of payment. Payment information would be uploaded on the Shoppersland site, in accordance with the manner prescribed. Such payment option information is deemed CONFIDENTIAL and ‘EXCLUSIVE’. We may change our charges from time to time by posting the changes on the Shoppersland site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of charges.

  1. Purchase Conditions

When buying an item on Shoppersland Services, you agree to the rules and policies for buyers and that:

  • You are responsible for reading the full item listing before making payment or commitment to buy,
  • You enter into a legally binding contract to purchase an item when you commit to buy an item,
  • The Sale of Goods Act 1893 S.1 (1) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.
  1. International Buying and Selling; Translation

Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. You authorize us to use automated tools to translate your Shoppersland content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.

  1. Authorization to Contact You; Recording Calls; Analyzing Message Content

Shoppersland may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) Notify buyers of promotions (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Shoppersland may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by the User Privacy Notice. As described in our User Privacy Notice, Shoppersland may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time, including through the communication preferences – opens in new window or tab section of your My Shoppersland.

Shoppersland may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Shoppersland to carry out the purposes identified above.

Shoppersland may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Shoppersland or its agents for quality control and training purposes, or for its own protection.

Shoppersland’s automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Shoppersland’s User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Shoppersland may store message contents, including to conduct this scanning and analysis.

  1. Additional Terms

Returns and Cancellations

  1. A buyer can return or cancel items bought if:
  • The description of the product is different from the product received
  • The image of the product is different from the product received
  • Item ordered is not delivered within the stated delivery period.
  • The product is damaged
  1. All returns and cancellation must be done within 48hours of receipt.
  2. There would be a re-imbursement if;
  • Products returned are in good condition
  • It has been established that the product was damaged before delivery.
  1. When an item is returned, buyers receive refund within 5 business days.

Managed Payments Experience.

If you are a buyer completing a purchase:

  • In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, high risk or potential violation. Shoppersland or its affiliates may automatically save payments information, such as credit card or debit card numbers, and card expiration dates, entered by you on Shoppersland Services when you make a purchase, redeem a coupon, or make any other transaction on Shoppersland Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on Shoppersland Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through the Personal Information section under the Account tab in My Shoppersland. You are responsible for maintaining the accuracy of information we have on file, and you consent to Shoppersland updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide to us information about payment methods that you are authorized to use.
  • You may seek returns or cancellations on Shoppersland Services, or file Shoppersland Money Back Guarantee claims on Shoppersland Services, in the same manner as you do for transactions for which Shoppersland Commerce does not manage payments. Shoppersland Commerce will refund you amounts paid for successful Shoppersland Money Back Guarantee claims and returned or cancelled transactions. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.
  • You agree to comply with all applicable laws, regulations, rules and terms and conditions in connection with the use of managed payments. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that Shoppersland commerce has no control over, or responsibility or liability for, such fees or actions.
  1. Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Such functionality is subject to delays beyond Shoppersland’s control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • Your use of or your inability to use our Services;
  • Pricing, shipping, format, or other guidance provided by Shoppersland;
  • Delays or disruptions in our Services;
  • Viruses or other malicious software obtained by accessing or linking to our Services;
  • Glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • Damage to your hardware device from the use of any Shoppersland Service;
  • A suspension or other action taken with respect to your account or breach of the Abusing Shoppersland Section above;
  • Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
  1. Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Shoppersland’s Services or your breach of any law or the rights of a third party.

You will indemnify and hold Shoppersland, including our affiliates and subsidiaries as well as our representative officers, directors, employers, agents from any liability of hackers operating a user’s account, an impersonator using users account, all liability for accounts and its usage falls on the registered user.

  1. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND SHOPPERSLAND HAVE AGAINST EACH OTHER ARE RESOLVED.

The buyer and the seller agree that any claim or dispute at law or equity that has arisen, or may arise, between the buyer and the seller (including any claim or dispute between you and a third-party agent of Shoppersland) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Shoppersland or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

  1. Applicable Law

The Laws of the Federal Republic of Nigeria, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between the buyer and the seller, except as otherwise stated in this User Agreement.

  1. Agreement to Arbitrate

The buyer and the seller each agree that any and all disputes or claims that have arisen, or may arise, between the buyer and the seller (including any disputes or claims between you and a third-party agent of Shoppersland) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the Services, the actions of Shoppersland or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court, and the Arbitration and Conciliation Act Cap A18 laws of the Federation of Nigeria shall be the Applicable Law.

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief

The buyer AND the seller AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND SHOPPERSLAND AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to the buyer and the seller right to appeal the court’s decision. All other claims will be arbitrated.

  1. Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.

A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). You may download a form Notice – opens in new window or tab. The Notice to Shoppersland should be sent to Shoppersland Ltd., Attn: Litigation Department, Re: Notice of Dispute, D61 Cabana Suite Sheraton Hotel & Towers Ladi Kwali Way Abuja FCT, Nigeria. Shoppersland will send any Notice to you to the physical address we have on file associated with your Shoppersland account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and Shoppersland are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Shoppersland may initiate arbitration proceedings.

The aggrieved or disputing party may submit such dispute to Arbitration in Abuja, Federal Capital Territory and the costs of the arbitration is to be borne by both parties. The Arbitral Tribunal shall consist of a single arbitrator to be appointed by the Chief Judge of the High Court of the Federal Capital Territory and the arbitration shall be governed by the Arbitration and Conciliation Act (Cap A18), Laws of the Federation 2004.

If the value of the relief sought is N500,000 or less, you or Shoppersland may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Shoppersland subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Shoppersland may attend by telephone, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Shoppersland user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

  1. Severability

With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

  1. Opt-Out Procedure

IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO SHOPPERSLAND LTD, ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, D61 CABANA SUITES SHERATON HOTEL & TOWERS, LADI KWALI WAY, ABUJA, FCT, NIGERIA..

For your convenience, we are providing an Opt-Out Notice form – opens in new window or tab. You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the Shoppersland Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

  1. Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the User Agreement to the contrary, you and Shoppersland agree that if we make any amendment to this agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Shoppersland prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Shoppersland. We will notify you of amendments to this agreement to arbitrate by posting the amended terms on www.Shoppersland.com at least 30 days before the effective date of the amendments and by providing notice through the Shoppersland Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

  1. General

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.Shoppersland.com – opens in new window or tab.

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on www.Shoppersland.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you through the Shoppersland Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a Shoppersland representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Shoppersland Service.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Shoppersland, and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Charges, Disclaimer of Warranties; Limitation of Liability; Indemnity, Legal Disputes, and General.

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