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Terms & condition
policies, terms, applications, tools and services on which nirabay offers you access to and use of our 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: (Pentals innovations, owner of nirabay.com) please be advised that this user agreement contains provisions that govern how claims you and we have against each other are resolved.
Contract for sale.
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, nirabay.com 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.
Using our website.
You agreed not to engage in the below activities by using or accessing our website.
• You must not post, list or upload content or items in inappropriate categories or areas on our sites;
• You must not breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
• Do not 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 Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
• Fail to pay for items purchased by you, unless you have a valid reason as set out in an nirabay.com policy, for example, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller.
• Fail to deliver items sold by you, unless you have a valid reason as set out in our policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
• You must not manipulate the price of any item or interfere with any other user’s listings;
• You must not post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
• You must not take inappropriate action that may undermine the feedback or ratings systems.
• You should not transfer your nirabay account (including Feedback) and user ID to another party without our consent;
• You must not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• You must not distribute viruses or any other technologies that may harm nirabay.com or the interests or property of users;
• You cannot 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 nirabay.com;
• You must not interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
• export or re-export any nirabay.com application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
• You must not 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 nirabay.com. 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 belong to nirabay.com or someone else;
• Infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
• nirabay.com prohibit commercialize of it application or any information or software associated with such application, except with the prior express permission of nirabay.com;
• You must not collect users information without their consent;
When a buyer or seller violate any of our policy, 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 for both buyers and sellers.
When listing an item for sale on nirabay.com, you agree to comply with our listing policy, and you assume full responsibility for the item offered and the accuracy and content of the listing,
• In most cases, it could take up to 24hrs before your listing could be searchable by keyword or category. nirabay can’t guarantee exact listing duration.
We may modified or delete content that violates any of our policies.
• We may correct product information, or in most cases remove product from your listings.
• We created a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
• buyer’s location, search query, browsing site, and history; item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
• seller’s history, including listing practices, Detailed Seller Ratings, nirabay policy compliance, Feedback, and defect rate; and
• number of listings matching the buyer’s query,
• To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,
• Some advanced listing upgrades will only be visible on some of our Services.
nirabay reside whether your listings appear in search engine result. Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results,
• We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results may vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers.
Before buying an item on nirabay.com you must agree to our rules and purchase policies and that:
You are responsible for reading the full item listing before making a purchase.
• You enter into a legally binding contract to purchase an item when you commit to buy an item.
We do not transfer legal ownership of items from the seller to the buyer, unless the buyer and the seller agree otherwise.
Any content you use on nirabay website (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against nirabay, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Nirabay takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties and nirabay users. You may use that content solely in your nirabay listings. We reserved the right to modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that nirabay.com is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
Nirabay marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of nirabay in Nigeria and other countries. They may not be used without the express written prior permission of nirabay.com.
We may restrict seller’s fund for a specific number of days base on the following factors:
To protect nirabay from risk of liability for your actions as a seller:
To make sure that seller delivered his product to buyer’s satisfaction before the fund could be released to seller:
In order to minimise liability and to protect buyer fund, we might released fund to seller 8 to 12 days after the product has been delivered to buyer, base on selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of nirabay money back Guarantee case.
We may also restrict seller fund base on factors not listed above but could incure liability to nirabay.com.
Permission to contact you:
By accepting our terms, you have authorized us to call the phone number you provided during registration, we may contact you using auto dialed or prerecorded calls and text messages to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (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. Nirabay may also contact you using auto dialed 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 . Nirabay may collect other telephone numbers from 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 nirabay my account.
Nirabay 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 nirabay to carry out the purposes identified above.
We may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with nirabay or its agents for quality control and training purposes, or for its own protection.
Nirabay 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 nirabay 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. Nirabay may store message contents, including to conduct this scanning and analysis.
Privacy of Others; Marketing
If nirabay provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to our Services. Additionally, you may not use user information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user.
Nirabay services are accessible internationally. 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. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
If you purchase an item on nirabay site that is different from your registration site, you are subject to the User Agreement and applicable policies of that other nirabay site with respect to that particular purchase, as detailed in the International selling policy.
For sellers, you agree that we may display your listing for sale on nirabay site other than the site where you listed your item for sale, based on your shipping settings. You may adjust these settings as detailed in the International Selling Policy. If you list your items with an international shipping option, the appearance of your listings on sites other than the listing site is not guaranteed. If you sell an item on nirabay site that is different from your registration site, you are subject to the User Agreement and applicable policies, including any buyer protection programs, of that other nirabay site with respect to that particular sale, as detailed in the International selling policy.
You authorize us to use automated tools to translate your nirabay 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.
One of the ways that we may make nirabay listings available to international buyers on nirabay.com is through the Global Shipping Program. For eligible items located in Nigeria and purchased by an international buyer through the Global Shipping Program, you, as seller will simply ship the item to a parcel processing facility located in Nigeria, after receiving notification of payment from the buyer. Niradex limited., a third-party global shipping provider, will oversee the processing, customs clearance, and international shipment of the item on behalf of your international buyer. Incase a buyer has a question about your Global Shipping Program listings, nirabay may respond directly to the buyer if the question pertains to the services overseen by Niradex limited. (for example, customs or international shipping). Sellers pay no additional fees for selling through the Global Shipping Program.
Pursuant to a routed export transaction under the Nigeria Export Administration Regulations and Foreign Trade Regulations, the buyer, as the Foreign Principal Party in Interest, will agree to assume responsibility for the export shipment, with niradex acting as your buyer’s forwarding agent. You remain liable for the accuracy of information you provide about items, and you agree to provide timely responses to requests for additional information.
You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by nirabay to niradex limited, and by niradex limited to its affiliates, service providers, and other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, export and customs clearance, and international transportation of any item. Nirabay does not control the privacy policies of niradex limited, its affiliates, or its service providers, and you are subject to the privacy policies of those parties, as applicable.
Additional information about the program, including policies governing feedback, the handling of lost, damaged, and undeliverable items, returns, and the resolution of buyer protection claims for items that you sell through the program, can be found on our shipping programme FAQs.
Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, nirabay will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their store manager return page. Where settings have been set to automatically accept requests for returns or replacements. You agree to comply with our returns policy.
When buyer returned an item, you have to refund the buyer, you (as seller) authorize nirabay refund amount (in same or other currency) from your account, place the amount on your invoice, and/or charge your payment method on file.
The cost of return shipping for an item that is not as described is the seller’s responsibility.
You (as seller) authorize nirabay to place the return shipping cost on your invoice, subject to your automatic payment method on file when:
• when a buyer equested for return of an item purchased from a seller.;
• You fail to send your buyer a return shipping label or fee,
• A transaction is cancelled, and to refund the buyer, you (as seller) authorize nirabay to remove the refund amount (in same or other currency) from your account. .
Nirabay Money Back Guarantee
Most nirabay sales go smoothly, but if there’s a problem with a purchase, the nirabay Money Back Guarantee helps buyers and sellers communicate and resolve issues. You agree to comply with the policy and permit us to make a final decision on any nirabay Money Back Guarantee case.
If you (as seller), choose to reimburse a buyer, or are required to reimburse a buyer or under the nirabay Money Back Guarantee, you authorize nirabay to remove the reimbursement amount (in same or other currency) from your account, place the amount on your invoice, and/or charge your payment method on file. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.
We may suspend the nirabay Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.
Claims of Intellectual Property
Violations and Copyright Infringement: (Cap. 68, Laws of the Federation of Nigeria, 1990 Nigerian Copyright Commission. An Act to make provisions for the definition, protection, transfer, infringement of and remedy and penalty thereof of the copyright in literary works, musical works, artistic works, cinematograph films, sound recordings, broadcast and other ancillary matters.
We respond to notices of alleged copyright infringement under the Nigeria copy right commission. Nirabay Verified Rights Owner of any intellectual property to ensure that items and content use on our website do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate.
Disclaimer of Warranties; Limitation of Liability.
We try our best to make sure that our Services are safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Despite that we bid our website security on daily basis to ensured that our seller and buyer operate in a safety environment and adequate functionality of our website, but Such functionality is subject to delays beyond nirabay’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:
• the content you provide (directly or indirectly) using our Services;
• your use of or your inability to use our Services;
• pricing, shipping, format, or other guidance provided by nirabay.
• 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 nirabay Service;
• the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach of the Abusing nirabay Section above;
• the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
• your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the nirabay Money Back Guarantee up to the price of the item sold for on nirabay (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability.
If you have a dispute with one or more users, you exsonorate us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this agreement you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this agreement to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this terms.
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 our Services or your breach of any law or the rights of a third party.
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.nirabay.com. 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.nirabay.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 20 days’ notice by posting the amended terms. Additionally, we will notify you through the nirabay Message Center 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 nirabay 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 nirabay website.
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 nirabay and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; dispute Limitation of Liability; Indemnity, Legal Disputes, and General.
Buyers and sellers further agree to submit to the jurisdiction laws.