TERMS AND CONDITIONS OF USE

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INTRODUCTION

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Welcome to omstores.ng, this site is owned and managed by OMSTORES LIMITED.           

OMSTORES LIMITED is a business platform with a perfect solution to problems facing online businesses in Africa among which protects users against online fraud. It encompasses all social media attributes that makes simple buying and selling fun, while providing sellers with much sought after visibility, access to proper product display for easy sales and database management.

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OMSTORES LIMITED operates a classifieds platform consisting of a website and mobile application (‘marketplace’), together with supporting logistics and payment infrastructure, for the sale and purchase of products and services. These general terms and conditions shall apply to sellers and buyers on the marketplace and shall govern your use of the marketplace and related services.

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By using our marketplace, you accept these general terms and conditions in full. Please read them carefully. If for any reason you disagree with these general terms and conditions, or any part of it whatsoever, you must not use the OMSTORES marketplace.

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Now by using the OMSTORES marketplace, you;

• Confirm that you have all the necessary authority to consent to these terms and conditions.

• Agree that ‘you’ in these general terms and conditions shall reference the individual user and the relevant person, company, or legal entity unless the context demands otherwise.

• Bind both you and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions.

 

REGISTRATION AND ACCOUNT

1. To be eligible to use the OMSTORES WEBSITE AND MOBILE APP, you must be up to the age of 18. Thereby agreeing to the terms and conditions of OMSTORES, you warrant and represent to us that you are at least 18 years of age, legally capable of entering into binding contracts; and not in any way whatsoever prohibited by the applicable law to enter into these terms in the jurisdiction which you are currently located.

2. You may register for an account with our marketplace by completing and submitting the registration form on our marketplace.

3. You represent and warrant that all information provided in the registration form is complete and accurate.

4. Registering with our marketplace will require you to provide an email address/user ID and password you agree to;

• Secure your password and keep it confidential

• Notify us in writing and immediately change your password

• Be responsible for any activity on our marketplace arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure

1. Your account shall be yours exclusively 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.

2. 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 if we find you to have breached the terms and conditions or have carried out fraudulent activities using your account.

3. You may cancel your account on our marketplace by contacting us.

 

 

TERMS AND CONDITIONS OF SALE

1)            You acknowledge and agree that:

• the OMSTORES marketplace provides an online location for buyers and sellers;

• OMSTORES is not a party to the transaction between the buyer and seller,

• OMSTORES does not collect monies on behalf of the seller

 

2)            Subject to these general terms and conditions, the seller’s terms of business shall govern the contract of sale and purchase between the buyer and the seller.

These shall be contained in the contract of sales and purchase between the buyer and the seller;

• The price of the product is at sellers’ discretion.

• The stated price must include all taxes and comply with applicable laws from time to time

• Delivery, packaging, handling, administrative charges as well as insurance cost, or other cost and charges, that will be payable by the buyer is determined by the seller

• Product must be of satisfactory quality, fit and safe for any purposes specified in, and it must conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer

• The seller warrants that he/she has good title to, and is the sole legal and beneficial owner of, the items to be sold. And that the product is not subject to any third-party rights or restrictions be it in the area of intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.

                

FEE & PAYMENTS

This is a free platform but may attract fees for certain services like promoting an Ad. Fees and acceptable payment methods are as contained in billing policy on the OMSTORES marketplace. OMSTORES reserves the right to make changes to the Fees and the acceptable payment methods for any reason. Fees are non-refundable, read more on the billing policy section.

 

 

OMSTORES BILLING POLICY

Sellers: Subscription to the OMSTORES marketplace is free, so also its usage. As the users will not be asked to make any payment to gain access to the OMSTORES marketplace.

But a certain fee will be charged by OMSTORES marketplace for promoting adverts upon the seller’s request.

Buyers: The buyers who buy from the OMSTORES marketplace will do so at no cost at all.

Commission: Sellers will not be obliged to pay a charging fee of sold item nor will a commission be charged on any sold item on the OMSTORES marketplace.

 

OMSTORES’S RIGHTS AND OBLIGATIONS

Except otherwise stated, nothing in these terms shall serve to transfer from OMSTORES to you, any intellectual property rights belonging to OMSTORES as well as all its rights, interest and titles will remain exclusively that of OMSTORES and/or its licensors.

OMSTORES reserves the right to make changes to the services and/or the website or any part thereof, as the case maybe, and may modify, remove, add and/or vary any elements of features and functionalities of the website or its services from time to time.

OMSTORES shall ensure that the website and its services are available to you at all times, but OMSTORES cannot guarantee an uninterrupted and fault free service which is only likely to occur when the site is undergoing an upgrade.

OMSTORES shall guarantee that all subscribers referred to Sellers are protected as well as their intellectual properties and shall be responsible for efficient delivery of goods and services by its Sellers to its users referred to as buyers.

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RULES ABOUT YOUR CONTENT

1. In these general terms and conditions, ‘your content’ means;

• all works and materials (including without limitation text, images, audio/video materials, software and files) that you submit to us or the OMSTORES marketplace for storage or publication, processing by, or onward transmission ; and

• all communications on the OMSTORES marketplace, including product reviews, feedback, and comments

 

1. Your content, and the use of your content by OMSTORES in accordance with these general terms and conditions, must be accurate, complete, and truthful.

2. Your content must be appropriate, civil and must align with the standard world practice with regards to behaviour on the internet. They must not be offensive, vulgar, obscene, suggestive, pornographic, and sexually explicit. They must not in any way suggest violence, be blasphemous, in breach of racial or religious hatred or discrimination legislations. They must not be deceptive, fraudulent, abusive. They should not also incite, cause annoyance, inconvenience, or needless anxiety to any person. They should not also constitute spam.

3. 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, trademarks, moral right, database right in passing off or other intellectual property right

• any right of confidence, right of privacy or right under data protection legislations

• any contractual obligation owed to any person; or

• any court orders

1. You must not use the OMSTORES marketplace to link to any website or web page consisting of or containing materials that would, were it posted on our marketplace, breach the provisions of these general terms and conditions.

2. You must not submit to the OMSTORES marketplace any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

3. The review function must be used accurately. As fake reviews on the marketplace are unacceptable.

4. You must not in any way interfere with transactions going on in the marketplace. e.g.; communicating another user to buy or sell an item listed on the marketplace outside of the marketplace.

5. 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.

6. We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.

7. 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.

 

OUR RIGHTS TO USE YOUR CONTENT

1. You grant us an irrevocable license to use, publish, translate, adapt, reproduce and distribute your content across our marketing channels and any existing future media.

2. You grant to us the right to sub-license your contents as you have given us the irrevocable right to its use.

3. You grant to us the right to bring an action for infringement of the rights to which you have given us the irrevocable right to use.

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 maximum extent permitted by applicable law

5. Without prejudice to our other rights under these general terms and conditions , if you breach OMSTORES 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

 

CONDITION OF USE OF OMSTORES WEBSITE AND MOBILE APPLICATION

In this section, words ‘marketplace’ and ‘website’ shall be used interchangeably to refer to OMSTORES website and mobile applications.

If these conditions of use are inconsistent with the service terms, those service terms will supersede. To use OMSTORES WEBISTE AND MOBILE APPLICATION, you must be up to the age of 18 years; legally capable of entering into binding contracts; and not in any way whatsoever prohibited by the applicable law to enter into these terms in the jurisdiction which you are currently located.

You may not be able to access and use the website or mobile application as a non-registered user as your ability to read the full text of the content or to receive services may be limited except you are registered.

You may not publish, modify, sell, transfer, transmit, display or perform any of these related functions wholly or partly except you are fully registered, subscribed, expressly permitted in these terms or/and authorized by OMSTORES marketplace.

You may not use electronic means or any other means whatsoever to extract details or information from the app without prior authorization. Nor shall you extract information about users in order to offer them any services or products outside of this website.

In your use of the website and/or services, you shall comply with all applicable laws, regulations, directives, and guidelines which apply to your use of the website and/or its services in whatsoever jurisdiction you are physically located.

Sellers of the OMSTORES marketplace are obligated to provide OMSTORES with accurate information and should any of the information provided changes or becomes inaccurate, such should as well be communicated in record time to OMSTORES for adequate changes.

Where we have reasons to believe that any intellectual property rights or any rights of any third party may have been infringed, you are to co-operate with security checks, or any request for information made by OMSTORES in the given circumstance.

Users are very well protected as OMSTORES will be responsible for both Sellers and buyers on the website. But also take note that users will be fully liable for the breach of any of these terms by a third party using their log in details to access the website and/or services. However, as a user you may not in any way interfere with the smooth operations of running the OMSTORES website and mobile application or use any trademarks or service marks of OMSTORES, or do anything which may be seen to take unfair advantage of the reputation and goodwill of OMSTORES, its services and/or content.

OMSTORES reserves the sole right in its discretion to take any action that it deems necessary and most appropriate in the event it considers that there is a breach or attempted breach of the terms.

 

OMSTORES VERIFICATION POLICY

To become a Verified Seller on OMSTORES marketplace, the Seller will be required to undergo a verification process. Upon request for verification by a Seller, the OMSTORES service team will request that the following information be submitted as applicable by means of uploading to the website. Such Information are –

• Business Name

• Address

• CAC certificate number

• Tax Identification number

• Social media handles

• Personal name

• Phone number

• Valid email

Upon completion of the Seller’s verification process, the Seller will have the verified tag displayed on their account, and all published Ads.

 

 

PRODUCT DESCRIPTIONS

OMSTORES attempts to be as accurate as possible. However, OMSTORES does not warrant that product description or other content of any OMSTORES service is completely accurate or error free. If a product offered by the Seller is not as described, your sole remedy is not to complete the transaction.

PRICING

“List Price” means the suggested retail price of a product as provided by a Seller. These prices are not cast in stone as they can change from time to time for various reasons such as, discount sales, price slash, promotional sales etc.

The List price can change from time to time at the Seller’s discretion.

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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 to 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.

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, subcontract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.

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DISCLAIMER

This site is purely for the purpose of trading, gaining visibility, advertising and all other functions clearly stated in its terms. OMSTORES will not be responsible for transactions or any other relationships carried out or formed outside the confines of the OMSTORES marketplace.

OMSTORES may assist but will not be held responsible for any attempt made on users account by a third party.

OMSTORES will not be responsible for any bad behaviour on the part of the Sellers to buyers, such as being rude, use of foul languages etc. So, where this happens, and the buyer lodges a complaint this will earn the Seller a temporal closure of their account on the OMSTORES marketplace for a stipulated time.

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SITE POLICIES, MODIFICATION, AND SEVERABILITY

OMSTORES may alter or amend these terms as the need may arise by amending them on the website. Your continuous use of the website and/or its services after such amendment will be deemed to mean your acceptance of such amendment as the case may be. If any of these conditions shall be deemed invalid, void of for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

DISPUTES

Any dispute or claim relating in any way to your use of any OMSTORES services, or to any products or services sold or distributed by OMSTORES or through the OMSTORES website/mobile application will be resolved by binding arbitration, rather than in court, and the arbitration act will govern this agreement. This will hold in a location that will be chosen by the parties.

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ENTIRE AGREEMENT

These general terms and conditions and the OMSTORES policies and guidelines (and in respect of sellers and 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.

 

APPLICABLE LAWS AND JURISDICTION

These Terms shall be governed by and construed in accordance with the Laws of Nigeria and as such you irrevocably submit to the exclusive jurisdiction of the Nigerian court to settle any dispute that may arise in connections with these terms. If you live outside Nigeria, the English Law shall apply provided that it does not deprive you of any legal protection in accordance with the law of your place of residence (Local law). Where the English law deprives you of any legal protection which is accorded to you under the local law then these terms shall be governed by the local law and any dispute or claim arising out of or in connection with these terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

 

OUR COMPANY DETAILS

The marketplace is operated by OMSTORES LIMITED situated at No.17 Akanni Oloko Oba street, Destiny Homes, Abijo Lagos, With the RC number 1726069. You can contact us by using our marketplace contact form.