Registration Agreement
BEFORE YOU COMPLETE THE
REGISTRATION PROCESS AND BECOME OUR REGISTERED BUYER, PLEASE READ THE FOLLOWING
TERMS CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THE REGISTRATION AGREEMENT, PLEASE
DO NOT CLICK ‘’CREATE MY ACCOUNT” BUTTON.
Introduction
Welcome
to Onitshamarket.com, your reliable online marketplace.
The web site identified by
the uniform resource locator www.onitshamarket.com (the “Site”) is provided by
Internet Onitshamarket Limited (“Onitshamarket.com”) as a service to our customers.
This Registration Agreement
(referred to throughout this site as "the Agreement") is entered into
between you as the registered user of the site (the “the Registered User or
User”) and Onitshamarket.com.
Please review the following
basic rules that govern your use and access on the site. Please also note that
your click of “Create My Account” button constitutes your unconditional
agreement to follow and be bound by this Agreement. If you do not accept all of
the terms of this Agreement, please do not click the “Accept the Agreement”
button.
1.
Application of Registration Agreement
1.1 For your registration
and purchase on the Site, you should accept this Agreement, the Terms of Use,
the terms and conditions related to them and the Security and Privacy policy of
Onitshamarket.com. Meanwhile, during your purchase and transaction process on
the Site, certain Membership Agreement and related terms and conditions between
you as a Registered User and Onitshamarket.com will bind. Therefore, besides this
Agreement, we recommend you to read those relative terms, conditions and
information carefully. Additionally, your acceptance of this Agreement also
means that the aforesaid relative terms, conditions and the Security and
Privacy policy of Onitshamarket.com will apply to your purchase and transaction
process on the Site.
1.2 Terms has not been
defined or stipulated in this Agreement shall be interpreted in accordance with
the definition(s) or provision(s) of the Terms of use of Onitshamarket.com.
1.3 Except as explicitly
stated otherwise, the registration, services, functions and features on the
Site is free of charge for our Registered Users, however, Onitshamarket.com
reserves the right to charge them in the future for whatever reason.
1.4 After your registration,
you will get a unique Account ID and Password from Onitshamarket.com and the
Site. Each Use shall take responsibility solely for the transaction outcome
occurred under this Account ID and Password, and for the confidentiality of
your Account ID and Password. You should use this Account ID and Password
alone, and, without prior written consent from Onitshamarket.com, you should
not transfer your Account ID and Password to others for any use.
Onitshamarket.com shall never take responsibility for any loss or damages
related to your incorrect use or transfer of the Account ID or Password.
1.5 In its sole discretion,
Onitshamarket.com may suspend or terminate any account, part of function and
service of any account, for whatever reason, including but not limited to, any
delay of payment delivery, breach of contract, infringement of third party
rights, or creating any liability for the Site or Onitshamarket.com.
1.6 Please also note that
the services, functions and features from the Site that the registered user may
enjoy may differ with the country or region you are living or transacting, and
certain functions and services on the Site may require special verification or
be preserved for paying members only.
2.
The purchase on the Site
2.1 You must be registered
on the Site in order to make purchases on the Site and/or access some Services.
Your status as a Registered User and the purchase process are governed by the
Agreement and any terms and conditions related thereto. Onitshamarket.com may
reject a User’s application for registration for any reason. Upon registration
on the Site, Onitshamarket.com shall assign an account (the “Onitshamarket.com
Account ID”) and a password (the “Password”) to each Registered User.
2.2 Each User will be
required to provide information or material about your entity, business or
products/services as part of the registration process on the Site or your use
of any Service or the Onitshamarket.com account. Each User represents, warrants
and agrees that (a) such information and material, whether submitted during the
registration process or thereafter throughout the continuation of the use of
the Site or Service, is true, accurate, current and complete, and (b) you will
maintain and promptly amend all information and material to keep it true,
accurate, current and complete.
2.3 By confirming your
purchase at the end of the checkout process, you agree to accept and pay for
the item(s) purchased. You realize that any delay in the process of delivery
payment may constitute a contract breach, and you shall be solely responsible
for such breach.
2.4 Each User understands
and accepts that the price listed for the product on the Site and/or the price
paid for the product includes the commission due to Onitshamarket.com.
2.5 You understand that by
using and accessing the Site or any Services provided on the Site, you may
encounter content that may be deemed by some to be offensive, indecent, or
objectionable, which content may or may not be identified as such. You agree to
use the Site and any Service at your sole risk, and that Onitshamarket.com
shall have no liability to you for Content that may be deemed to be offensive,
indecent, or objectionable.
2.6 Each User understands
and accepts that the product and content listing or displaying on the Site may
relate to copyrights, trademarks, trade secrets, patents and other personal or
proprietary rights of a third party. Further, each User agrees that the User
who uploads or lists that content and information on the Site shall be solely
responsible for any violation of third party rights. The Site and
Onitshamarket.com shall not be liable for any infringement or purchase dispute
related to the intellectual property and/or other personal or proprietary
rights of third party.
2.7 When required by the
government, law enforcement body, or oblige whose legitimate right has been
injured, or forced by subpoena or other legal document, Onitshamarket.com may
disclose the User’s identity and contact information. User agrees not to bring
any action or claim against Onitshamarket.com for such disclosure.
3.
Transactions between Buyers and Sellers
3.1 Each Registered User
understands and agrees that Onitshamarket.com is not a traditional seller or
mart. Throughout the Site, what Onitshamarket.com provides is only an online
platform or venue for information exchange and transaction between buyers and
sellers. Although Onitshamarket.com will monitor the regular operation of the
Site to fulfill the duty of care, Onitshamarket.com does not review and check
each posted content and listing to search for the infringement and illegal
activity. Besides, due to the limitation of current technology, searching for
the infringement and illegal activity in our Site is beyond our competence and
capability.
3.2 Despite this Agreement,
the terms and conditions linked to this Agreement, Security and Privacy policy
of Onitshamarket.com and other terms and conditions throughout the Site, no
agency relationship will be created between Onitshamarket.com and the seller or
buyer concerning the listing and transaction, whether or not such transactions
are entered into via the Site.
3.3 Registered Users hereby
acknowledges that although Onitshamarket.com tries its best to provide the
users with accurate information and listing posted by sellers, and do general
verifications about the identity of the sellers, there still may be risks of
purchasing with people online. Therefore, we encourage you, the registered
user, to use relevant tools available, reasonable judgment, as well as common
sense, to make the deal online.
3.4 In no event shall
Onitshamarket.com be responsible for any infringement or transaction dispute,
including, but not limited to, transaction disputes about quality, safety,
breach of warranty, lawfulness or availability of the products or services and
the payment from buyers, as well as any intellectual property infringement by
sellers.
3.5 The users (including the
seller and buyer) agree to release and indemnify Onitshamarket.com and its
agents, affiliates, directors, officers and employees from all claims, demands,
actions, proceedings, costs, expenses and damages (including, but not limited
to, any actual, special, incidental or consequential damages) arising out of or
in connection with any transactional dispute about the products, listing, or
information on the Site.
3.6 In order to help the
sellers and the Registered Users solve and settle any transactional disputes
effectively and efficiently, Onitshamarket.com has established the “Handling
Procedures for Transactional Dispute”.
Here, the sellers and Registered Users shall agree that when the
Registered Users file the transactional disputes with Onitshamarket.com, the
sellers and the Registered Users should comply with the “Handling Procedures
for Transactional Dispute”, and permit Onitshamarket.com to make a final
binding decision regarding the dispute.
4.
Limitation of Liability
4.1 To the maximum extent
permitted by law, this Site is provided by Onitshamarket.com on an “as is”, “as
available” and “with all facts” basis. Onitshamarket.com makes no
representations or warranties of any kind, express or implied, as to the
operation of the Site or the information, content, materials, or products
included on this Site. To the full extent permissible by applicable law,
Onitshamarket.com hereby expressly disclaims any and all warranties, express or
implied, including, but not limited to, any warranties of condition, quality,
durability, performance, accuracy, reliability, non-infringement,
merchantability or fitness for a particular purpose. Without limiting the
foregoing, Onitshamarket.com disclaims any and all warranties, express or
implied, for any merchandise offered on this Site. All such warranties,
representations, conditions and undertakings are hereby excluded. You acknowledge,
by your use or access of the Site, that your use or access of the site is at
your sole risk. This disclaimer does not apply to any product warranty offered
by the manufacturer of the item. This disclaimer constitutes an essential part
of this Agreement.
4.2 Under no circumstances
and under no legal or equitable theory, whether in tort, contract, strict
liability or otherwise, shall Onitshamarket.com or any of its affiliates,
employees, directors, officers, agents, vendors or suppliers be liable to you
or to any other person for any indirect, special, incidental or consequential
losses or damages of any nature arising out of or in connection with the use of
or inability to use the Site, including, without limitation, damages for lost
profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or
computer failure or malfunction, even if an authorized representative of
Onitshamarket.com has been advised of or should have known of the possibility
of such damages.
4.3 In addition, in no event
shall Onitshamarket.com be liable for damages stemming from any one of the
following, no matter it is special, direct, indirect, punitive, incidental or
consequential damages, or related to contract, negligence, tort or otherwise:
a) Any disputes related to
goods, services, or information purchased or obtained from a seller or a
third-party via the Site, including, but not limited to, disputes about
quality, safety, warranty, lawfulness or availability of such goods, services
or information;
b) Any violation of Third
Party Rights on the Site;
c) Unauthorized access to
data or private information of any User on the Site; or
d) Statements or conducts of
any User of the Site.
4.4 Notwithstanding any of
the foregoing provisions, if Onitshamarket.com, our employees, agents,
affiliates, representatives or anyone acting on our behalf is found to be
liable, our liability will not exceed the commissions paid by you in connection
with your use of the Site during the three month period preceding the date on
which the claim arose.
5.
Indemnification
You agree to defend,
indemnify and hold Onitshamarket.com and its affiliate, directors, officers and
employees harmless from and against any and all losses, claims, liabilities,
damages, costs and expenses, including attorneys’ fees, arising from or related
to (1) your use of the Site, (2) your breach of any representations and/or
warranties made by you to Onitshamarket.com and (3) claims asserted by third
party rights claimants or other third parties relating to products offered or
displayed on the Site.
6.
Termination
The Agreement is effective
unless and until terminated by either you or Onitshamarket.com. You may
terminate this Agreement at any time, provided that you discontinue any further
use of this Site. Onitshamarket.com also may terminate this Agreement at any
time and may do so immediately without notice, and accordingly deny you access
to the Site, if in Onitshamarket.com’s sole discretion you fail to comply with
any term or provision of this Agreement. Upon any termination of the Agreement
by either you or Onitshamarket.com, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all copies of such
materials, whether made under the Terms of Use or otherwise. Onitshamarket.com’s
right to any Contents, and the provisions of Sections 2, 3, 4, 5, 7, and 8,
shall survive any termination of this Agreement.
7.
Notice
7.1 Except as explicitly
stated otherwise, all notice or demand to or upon Onitshamarket.com shall be in
writing and delivered to Onitshamarket.com by mail to the following
address:eCommerce Store, Onitsha Main Market
Onitsha, Anambra State,
Attn: Legal Department. Notice shall be deemed effective when received by
Onitshamarket.com in any of the above-mentioned manner.
7.2 All notices or demands
to or upon a User shall be effective if delivered personally, by e-mail to the
e-mail address provided to Onitshamarket.com during the registration process
(as updated from time to time, if applicable), or by posting such notice or
demand on an area of the Site that is publicly accessible without a charge.
Notice to a User shall be deemed to be received by such User if and when: (1)
Onitshamarket.com is able to demonstrate that communication, whether in
physical or electronic form, has been sent to such User, or (2) immediately
upon Onitshamarket.com posting such notice on an area of the Site that is
publicly accessible without charge.
7.3 You agree that all
agreements, notices, demands, disclosures and other communications that
Onitshamarket.com sends to you electronically satisfy the legal requirement
that such communication should be in writing.
8.
General
8.1 Onitshamarket.com
reserves the right to update or modify this Registration Agreement at any time
without prior notice to you. Your use of the Site following any such change
constitutes your unconditional agreement to follow and be bound by the
Registration Agreement as changes.
8.2 Headings used in the
Agreement are for reference purposes only and in no way define or limit the
scope of the section.
8.3 If any provision of this
Agreement is held to be unenforceable for any reason, such provision shall be
deleted or reformed to the extent necessary to make it enforceable and the
other terms of this Agreement shall remain in full force and effect.
8.4 The failure of
Onitshamarket.com to act with respect to a breach of this Agreement by you or others
does not constitute a waiver and shall not limit Onitshamarket.com’s rights
with respect to such breach or any subsequent breaches.
8.5 Any action or proceeding
arising out of or related to this Agreement or your use of this Site must be
submitted to the Nigerian international Economic and Trade Arbitration
Commission for arbitration which shall be conducted in accordance with the
Commission’s arbitration rules in effect at the time of the application for
arbitration. The arbitral award shall be final and binding upon both parties.
8.6 This Agreement shall be
governed by and construed under the laws of Nigeria without regard to conflict
of law provisions.
8.7 If there is any conflict
between the English version and another language version of this Agreement, the
English version shall prevail.
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