Welcome to Eshoppaz.com. These are the terms and conditions governing your access to and use of the website Eshoppaz.com and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Eshoppaz.com ("we", "us" or "Eshoppaz.com") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
2. Eligibility for Membership
Eshoppaz.com wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Eshoppaz.com under this User Agreement or at law, Eshoppaz.com reserves the right to limit or withdraw access to the Site or the membership of any person if Eshoppaz.com believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Eshoppaz.com. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
3. Your Account and Registration Obligations
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:
You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Eshoppaz.com of any unauthorized use of your password or account or any other breach of security. In no event will Eshoppaz.com be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse Eshoppaz.com for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.
You will provide true, accurate, current and complete information about yourself as prompted by Eshoppaz.com's registration form (the "Registration Data").
You will not include: (i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word "eshoppaz" in your registration user ID.
Your store name shall not include the word "eshoppaz".
You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Eshoppaz.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Eshoppaz.com under this User Agreement or at law, Eshoppaz.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
Eshoppaz.com may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to Eshoppaz.com upon such requests. You acknowledge and agree that if you do not, Eshoppaz.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
4. Electronic Communications
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Eshoppaz.com requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
5. Amendments to this User Agreement
You acknowledge and agree that Eshoppaz.com shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that Eshoppaz.com at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
6. Fees and Services
Eshoppaz.com is not an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between end-user sellers and buyers.
Membership on the Site is free. Eshoppaz.com does not charge any fee for browsing, bidding and buying listed items on the Site. Eshoppaz.com charges transaction fees to all sellers when their item is successfully sold on the Site, listing fees for classifieds and special listing fees to sellers who use the special listing feature for listing their items.
Sellers must pay all fees due and payable to Eshoppaz.com after a successful sale and in the case that a buyer does not complete the transaction, the seller may seek a refund of the relevant transaction fees from Eshoppaz.com by submitting an online no-sale claim.
Before you list an item for sale through the Site, we request you to review the fees that you will be charged based on our Fees & Credit Policy which we may amend from time to time with immediate effect by posting the changes on the Site.
Eshoppaz.com may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site.
Unless otherwise stated, all fees shall be quoted in your country's currency. You must pay all fees payable to Eshoppaz.com (and any applicable taxes or charges) within 30 days of the date of any invoice to you from Eshoppaz.com with a valid payment method as set out in our Fees & Credit Policy .
In case of non-payment of fees and/or any applicable taxes and charges by you to Eshoppaz.com, without prejudice to any other rights and remedies of Eshoppaz.com under this User Agreement or at law, Eshoppaz.com without liability reserves the right to:
7. Eshoppaz SafePay
The Eshoppaz SafePay system means that payment for items on the Site may be made online or partly online through the Eshoppaz.com payment facilities called "MyWallet" or Cash On Delivery ("COD") (or other payment methods which Eshoppaz.com may make available on the Site from time to time).
By providing the MyWallet and COD payment facilities, Eshoppaz.com is merely facilitating the making of online payments by buyers possible but Eshoppaz.com is not involved in the process of buying and selling items on the Site. All sales and purchases on the Site continue to be bipartite contracts between the buyer and the seller of an item(s) and Eshoppaz.com is not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any buyers and sellers, nor does Eshoppaz.com have any fiduciary duty to any user. You acknowledge and agree that Eshoppaz.com will hold your funds at your own risk.
8. Your Information
9. Use of the Site
While using the Site, you will not:
You undertake, represent and warrant that:
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Eshoppaz.com, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Eshoppaz.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
"Eshoppaz.com" and related logos, and other words and logos on the Site (including without limitation "MyWallet" and "Eshoppaz SafePay") are either unregistered trademarks or registered trademarks of Eshoppaz.com and are protected by international trademark and other intellectual property rights and laws. Eshoppaz.com's trademarks may not be used in connection with any product or service that is not Eshoppaz.com's nor in any manner that disparages or discredits Eshoppaz.com. All other trademarks not owned by Eshoppaz.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Eshoppaz.com.
12. Abusing Eshoppaz.com
Please report problems of any kind or violations of this User Agreement to Eshoppaz.com. If you believe that your intellectual property rights have been violated, please notify Eshoppaz.com. Without prejudice to any other rights and remedies of Eshoppaz.com under this User Agreement or at law, Eshoppaz.com may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also Eshoppaz.com can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
14. Breach of User Agreement
Without prejudice to any other rights and remedies of Eshoppaz.com under this User Agreement or at law or otherwise, Eshoppaz.com may immediately and without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or
withdraw your access to the Site:
Eshoppaz.com may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Eshoppaz.com or use the Site in any manner whatsoever until such time that such user is reinstated by Eshoppaz.com. Notwithstanding the foregoing, if you breach this User Agreement Eshoppaz.com reserves the right to recover any amounts due and owing by you to Eshoppaz.com or any losses and damages caused by you to Eshoppaz.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as Eshoppaz.com in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Eshoppaz.com's right to take any actions with respect to that, or subsequent or similar breaches. Eshoppaz.com does not guarantee that it will take action against all breaches that there may be of this User Agreement.
15. Providing Feedback
Eshoppaz.com encourages buyers and sellers on the Site to provide feedback on each other's conduct after a transaction has closed; as this helps all users know what it is like to deal with the said buyer/seller. Your feedback will be displayed along with your user ID on the Site. You cannot retract the feedback once you have left it. Eshoppaz.com will not be responsible or liable in any way for the feedback that you post on the Site. You agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. You further agree not to post feedback in order to solicit sales outside of the Site and not to display contact information of any person within any feedback. If you continuously receive negative feedback ratings, without prejudice to any other rights and remedies of Eshoppaz.com under this User Agreement or at law, Eshoppaz.com reserves the right to suspend, limit or withdraw your access to the Site and/or your membership of the Site.
You acknowledge and agree that your feedback consists of comments left by other users with whom you transact and a composite feedback number compiled by Eshoppaz.com, and that together these convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the users, you agree that you shall not market or export your Eshoppaz.com feedback rating in any venue other than on the Site. Eshoppaz.com does not provide the technical ability to allow you to import feedback from other websites to the Site because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
16. Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of Eshoppaz.com under this User Agreement or at law or otherwise, Eshoppaz.com may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
17. No Warranty
Eshoppaz.com provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Eshoppaz.com makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Eshoppaz.com makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Eshoppaz.com has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
18. Limitation of Liabilities
To the extent permitted by law, Eshoppaz.com, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not Eshoppaz.com has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to Eshoppaz.com and Eshoppaz.com shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold Eshoppaz.com and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Eshoppaz.com with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
28. Governing Law
This User Agreement is governed by, and construed in accordance with, Nigerian law. This clause will survive any expiry or cancellation of this User Agreement for any reason.