Terms and Conditions of Ogbongedeals.ng website and mobile app.
Your access to and use of the information, materials, and services provided on this Site is conditional upon your acceptance and compliance with these Terms. The Site is owned and administered by DaviSoft Technologies Ltd defined as ("Ogbongedeals", "we", "us" and "our").
Your use of this site will be deemed as acceptance of these Terms by you. If you do not agree to these terms, please do not use any of the services specified on this Site. Ogbongedeals reserves the right to change Terms and Conditions at any time by publishing the new Terms and Conditions on this Site and informing registered Users of this Site officially through email.
By using this service you are indicating your acceptance to be bound by the amended Terms and Conditions.
The materials contained in this website are protected by applicable copyright and trademark laws.
To provide you with this service, you must authorize the provision of certain personal information to us as described in our privacy policy. Our privacy policy governing the service is incorporated into these Terms ("Privacy Policy"). By accepting these Terms and using the service, you consent to and authorize the collection and use of personal information in accordance with the Privacy Policy.
USER CONDUCT
You agree NOT TO publish on this site, list, email, or otherwise make available any content:
-That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
-This is pornographic or depicts a human being engaged in actual sexual conduct;
-That harasses, degrades, intimidates or is spiteful towards any individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
-That impersonates any person or entity, including, but not limited to, an Ogbongedeals employee, or falsely states or otherwise misrepresents your affiliation with a person, government body or entity;
-That includes personal or identifying information about another person without that person's explicit consent;
-That is false, non existent, misleading, deceitful;
-That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or individual;
-That you do not have a right to make available under any law or contractual or fiduciary relationships;
-That constitutes or contains 'link referral code,' 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or unsolicited commercial advertisement of any sort;
-That advertises any illegal or prohibited service or body or the sale of any item which is prohibited or restricted by any applicable law;
-That contains malicious softwares, viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
-That employs misleading email addresses, or forged headers or otherwise manipulated identifiers to disguise the origin and authenticity of contents transmitted through the service.
-That violates any applicable laws including but not limited to consumer protection, data protection and intellectual property laws (including their regulations and guidelines)
-Violate any applicable posting policies and common sense;
-Publish listings that do not show clear, truthful, verifiable, complete and unambiguous information regarding your contact details, the goods, price, delivery, and any additional charge;
-Publish any threatening, abusive, defamatory, pornographic, obscene, or indecent material;
-Use the services in any manner that could impair any of our websites or applications in any way or interfere with any party’s use or enjoyment of any such site or application;
-Post any material that is harmful to, harms or could harm minors in any way or guise;
-Impose an unreasonable load on our infrastructure or interfere with the proper functionality of Ogbongedeals.ng;
-Copy, modify, or distribute any other person's content without their consent;
-Use any robot spider, scraper or other automated artificial intelligence channel, to access Ogbongedeals and collect content for any purpose without our express written permission;
-Harvest or otherwise collect information about others, including email addresses, phone numbers without their consent or otherwise violate the privacy of another person;
-Use the information available in Ogbongedeals to contact the users or the advertisers for any purpose other than for the use of the services;
GENERAL OGBONDEDEALS ADS POSTING POLICIES
As a condition for your use of Ogbongedeals you agree that you are older than 18 years of age.
You are solely responsible for all information that you submit to Ogbongedeals and any consequences that may result from the ads you post.
We reserve the right at our discretion to refuse those parts thereof, that we believe is inappropriate or breaching our terms of use. We may, at our discretion, remove ads, put ads on hold or make minor changes thereto, when they do not comply with the Posting Policies.
Note that general reasons for ad removal, ads being placed on hold, or minor changes made:
- It defies our User Conduct policy
- It contains non required details.
-It's a complete or partial duplicate of another ad posted by you, or several ads placed by you for the same goods or services, or multiple ads in different locations
Only one Ogbongedeals account is allowed per individual . Creating multiple accounts for the sole purpose of duplicating ads is not permitted. Such accounts and IP will be banned.
-You posted under wrong category (You must choose the single most relevant category for your ad)
-You have not entered your contact details through the means provided by the sites (for example as part of an overlay, logo or watermark)
-Entering information in incorrect fields (you must use the fields provided), or not completing all the fields
-We only accept ads in English (Foreign translation may be included below if appropriate)
- We do not accept overseas ads, Ogbongedeals is only for a local community or local businesses.
-Placing website links to other websites, and such other sites as we may deem to be inappropriate or competitive, is deemed offensive.
-You have not posted sufficient description for your ad (Ads that do not provide enough detail will be removed as this makes a bad browsing experience).
-Your Ad or Ads appear to be a copy of another ad posted on OList (You may not copy other user ads, your ad must be original in words and form).
- You have placed a strong call to actions in titles e.g Call me now!
-Re-ordering images to make the first one more appealing for user browsing.
-Not providing images of the goods at the time of listing when expressly requested to do so.
- To edit Typos, Edit/Remove duplicate keywords and any Inappropriate language.
- Your Ads should list the full selling price and shall not include hidden additional costs
- We shall remove any Inappropriate photo / image.
- We shall remove Discriminatory contents on race / religion / nationality.
-Selling body parts / bodily fluids, human beings, adoption, abortion adverts, or surrogacy anywhere on the site is highly prohibited by both our terms, policies and existing laws.
We reserve the right to remove any postings that we feel are not relevant, or of value to the Ogbongedeals community, with or without notice.
ABUSE OF RIGHTS AND PRIVILEGES
Ogbongedeals, its users and business community shall always work together to keep the site working properly and free from scam and fraudulent activities. You are therefore required to report problems, offensive content and policy breach to us immediately.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content exercise our discretion when ads do not comply with our policies, and take technical and legal steps to keep users off Ogbongedeals, if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies.
However, whether we decide to take any of these steps, remove hosted content, exercise our discretion when ads do not comply with our policies, or keep a user off Ogbongedeals or not, we do not accept any liability for monitoring Ogbongedeals or for unauthorized or unlawful content on Ogbongedeals or use of Ogbongedeals by users.
FEES AND SERVICES
Aside the regular free ads posting service, Ogbongedeals offers premium and VIP services to subscribing users. If the service you use incurs a fee, you'll be able to review and accept that charge and any additional terms and conditions applicable, including forms of payment, to the service at the time of purchase. This will be fully disclosed at the time you post your ad. Our fees are quoted in nigerian currency-the Naira.
We shall notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the particular services you had subscribed to.
INFRINGEMENT
Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design, and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on Ogbongedeals by private individuals in Nigeria. Entitled parties, in particular, the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights shall be removed by Ogbongedeals.
Intellectual Property
Ogbongedeals owns or is the licensee to, all right, title, and interest in and to its website and the content thereof, including all rights under patent, copyright, trade secret, trademark, and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code and you will not remove, obscure, or alter Ogbongedeals’ copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by Ogbongedeals’ website.
DISCLAIMER OF WARRANTIES
You agree and consent that the use of the Ogbongedeals website is entirely at your own risk. The postings on the website are provided on an 'as available' basis, without warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. Ogbongedeals therefore disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Ogbongedeals website.
Ogbongedeals disclaims any warranties for other services or goods received through or advertised on the Ogbongedeals website or accessed through any links on the Ogbongedeals website.
We are not involved in the actual transactions between users.
You agree not to hold us responsible for things other users post or do.
LIMITATIONS OF LIABILITY
Under no circumstances shall Ogbongedeals be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Ogbongedeals has been advised of the possibility of such damages), resulting from any aspect of your use of the website or the service, whether the damages arise from use or misuse of the website, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the website. Such limitation shall also apply concerning damages incurred because of other services or products received through or advertised on the website or any links on the website, as well as because of any information or advice received through or advertised in connection with the website or any links on the website. These limitations shall apply to the fullest extent permitted by law.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, delict/tort, negligence, strict liability in delict/tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 10,000 Nigerian Naira.
INDEMNITY
You agree to indemnify and hold Ogbongedeals, its staff, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, harmless from any claim or demand, including lawyer fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the website, your use of our services, your violation of the Terms and Conditions, your breach of any of the representations and warranties herein, or your violation of any rights of another.
NO MISREPRESENTATIONS ALLOWED
You agree to this as a condition on your use of the Ogbongedeals.ng. You are required to provide, at any time, accurate and true information about yourself and the contents you post.
GENERAL PROVISIONS
This contract is subject to, and shall be governed by, and construed in accordance with the laws of the Federal Republic of Nigeria, without reference to the principles of conflict of laws thereof. Any matters arising concerning the interpretation, validity or implementation of this Agreement not solved by mutual agreement between the Parties shall be submitted to arbitration in the English language before a sole arbitrator to take place in Lagos, Nigeria as the seat of the arbitration. The arbitration shall be conducted pursuant to the Rules of Arbitration of the Chartered Institute of Arbitrators of the Federal Republic of Nigeria. The arbitral decision shall be final and binding on the Parties and may be made an order of a court. The Parties unconditionally consent and submit to the jurisdiction of the High Court of Lagos, Nigeria for such purpose. Nothing in this Agreement will be deemed as preventing DaviSoft Technologies Ltd from seeking injunctive relief (or any other provisional remedy) from any court having jurisdiction over the Parties and the subject matter of the dispute as is necessary to protect DaviSoft Technologies Ltd's name, proprietary information, trade secrets, know-how, or any other intellectual property rights.
No alteration, variation or agreed cancellation of this agreement, and this paragraph shall be of any effect unless directed by us.
This Agreement constitutes the whole agreement between the Parties regarding the subject matter hereof and no warranties or representations of any nature whatsoever other than set out in this agreement have been given by any of the parties.
No relaxation or indulgence which any party may show to any other party to this Agreement shall in any way prejudice or be deemed to be a waiver of its rights hereunder.
Each provision of this Agreement (excluding only those provisions which are essential at law for a valid and binding agreement to be constituted) shall be deemed to be separated and severable from the remaining provisions of this Agreement. If any of the provisions of this Agreement (excluding only those provisions which are essential at law for a valid and binding agreement to be constituted) is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of this Agreement shall be and remain of full force and effect.
Any substantive provision appearing in, or as a part of, any interpretative provision of this agreement shall affect per its tenor, notwithstanding the context in which it appears.
We may modify these Terms. These Terms may be modified at any time in the future. Changes will be posted on our website and also communicated via email. It is your responsibility to remain informed of any changes as you are bound by the latest version of the terms.
