Introduction

XpressCities operates an ecommerce platform with supporting logistics and payment infrastructure, for the sale and purchase of consumer products in Nigeria and the world at large.

These general terms and conditions shall apply to buyers and sellers on the marketplace and shall govern your use of the marketplace and related services.

By using our marketplace, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our marketplace.

If you use our marketplace in the course of a business or other organizational project, then by so doing you:
1. confirm that you have obtained the necessary authority to agree to these general terms and conditions;
2. bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions
3. agree that “you” in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.

Registration and account

By using our marketplace or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age.
You may register for an account with our marketplace by completing and submitting the registration form on our marketplace

You represent and warrant that all information provided in the registration form is complete and accurate.
If you register for an account with our marketplace, you will be asked to provide an email address/user ID and password and you agree to:
1. keep your password confidential;
2. notify us in writing immediately using our contact details provided at the contact page of the site or through our customer care service, if you become aware of any disclosure of your password; and
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.
3. Your account shall be used exclusively by you 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.
4. 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, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.
5. You may cancel your account on our marketplace by contacting us.

Returns and refunds

There shall be no returns of products by buyers.

There shall be no refunds in respect of purchased or ordered products on the marketplace. Our rules on refunds shall be exercised in our discretion, subject to applicable laws of the territory.

You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the marketplace.

Rules Guiding Our Marketplace

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

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

The review function on the marketplace may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.
You must not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or (ii) communicating with a user involved in an active or completed transaction to warn them away from buying particular productor item; or (iii) contacting another user with the intent to collect any payments.

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.

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

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 to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.

2. You grant to us the right to sub-license the rights licensed under section 7.1
You grant to us the right to bring an action for infringement of the rights licensed under this terms of use.

3. 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 the maximum extent permitted by applicable law
Without prejudice to our other rights under these general terms and conditions, if you breach our 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.

Use of website and mobile applications

In this section, words “marketplace” and “website” shall be used interchangeably to refer to Xpresscities website.

You may:
View pages from our website in a web browser;
Download pages from our website for caching in a web browser;
Print pages from our website for your own personal and noncommercial use, providing that such printing is not systematic or excessive;
Stream audio and video files from our website using the media player on our website.
Use our marketplace services by means of a web browser subject to the other provisions of these general terms and conditions.
Except as expressly permitted by this section or the other provisions of these general terms and conditions, you must not download any material from our website or save any such material to your computer.
You may only use our website for your own personal and business purposes in respect of purchasing products on the marketplace
Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not:
republish material from our website (including republication on another website);
sell, rent or sub-license material from our website;
show any material from our website in public;
exploit material from our website for a commercial purpose; or
redistribute material from our website.

Notwithstanding this section, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.

We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

You must not:
use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
hack or otherwise tamper with our website;
probe, scan or test the vulnerability of our website without our permission;
circumvent any authentication or security systems or processes on or relating to our website;
use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
decrypt or decipher any communications sent by or to our website without our permission;
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
use our website except by means of our public interfaces;
violate the directives set out in the robots.txt file for our website;
use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
do anything that interferes with the normal use of our website.

Copyright and trademarks

Subject to the express provisions of these general terms and conditions:
we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
all the copyright and other intellectual property rights in our website and the material on our website are reserved.
XpressCities logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

Data Privacy

Buyers agree to processing of their personal data in accordance with the terms of XpressCities Privacy and Cookie Notice.

XpressCities shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.

Due diligence and audit rights

We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.

You agree to provide to us all such information, documentation and access to your business premises as we may require:
in order to verify your adherence to, and performance of, your obligations under this Agreement for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or as otherwise required by law or applicable regulation

XpressCities role as a marketplace

You acknowledge that:
we do not confirm the identity of all marketplace users, check their credit worthiness or bona fides or otherwise vet them;
we do not check, audit or monitor all information contained in listings;
we are not party to any contract for the sale or purchase of products advertised on the marketplace;
we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers;
we are not the agents for any buyer or seller
and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

We do not warrant or represent:
the completeness or accuracy of the information published on our marketplace;
that the material on the marketplace is up to date;
that the marketplace will operate without fault; or
that the marketplace or any service on the marketplace will remain available.

We reserve the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, at any time in our sole discretion without notice or explanation.

We do not guarantee any commercial results concerning the use of the marketplace.

To the maximum extent permitted by applicable law and subject to this terms and conditions, we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our marketplace and the use of our marketplace.

Limitations and exclusions of liability

Nothing in these general terms and conditions will:
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities or statutory rights that may not be excluded under applicable law.

In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.
Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the marketplace shall constitute a separate contract for the purpose of this section.

Notwithstanding sections above, we will not be liable to you for any loss or damage of any nature, including in respect of:
any losses occasioned by any interruption or dysfunction to the website;
any losses arising out of any event or events beyond our reasonable control;
any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
any loss or corruption of any data, database or software; or
any special, indirect or consequential loss or damage.

We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the marketplace or these general terms and conditions.