2. Our Service. Our web site and services provided to you on and through our web site on an "AS IS" basis.You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibilty or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
5. Registration and Password. You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your registration, user account or password.
6. Your Conduct. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not: (a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law; (b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; (c) collect or harvest any data about other users; (d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent; (e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
7. Submission of Content on this Web Site. By providing any Content to our web site: (a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed; (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7; (c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
8. Third Party Services. Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
10. Disclaimer of warranties. Your understand and agree that your use of this web site and any services or content provided (the "service") is made available and provided to you at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
11. Limitation of liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
12. Reservation of Rights. We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
13. Notification of Copyright Infringement. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:
This User Agreement, the MartFame User Privacy Notice, the Mobile Device Terms and all policies posted on our sites set out the terms on which MartFame offers you access to and use of our sites, services, applications and tools (collectively 'Services'). You can find an overview of our policies here. All policies and the Mobile Device Terms are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services. For information regarding the processing of personal data, please see our User Privacy Notice.
MartFame is a Social eCommerce Marketplace that allows users to socialize, offer, sell and buy just about anything in a variety of pricing formats and locations.
MartFame does not have possession of anything listed or sold through MartFame, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. MartFame is not a party to the transaction and is not a traditional auctioneer.
While we may sometimes provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. MartFame does not review users' listings or content. While we may help facilitate the resolution of disputes through various programmes, MartFame has no control over, and does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users' content, listings or feedback; 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.
In connection with using or accessing the Services you will not:
If you are registering with MartFame as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on MartFame, you must comply with all applicable laws relating to online trading for the site you are selling on.
You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Business users can cancel this User Agreement by visiting this help page. We may recoup the cost of any Services provided up to the point of cancellation.
If (1) we believe you are violating the policy on Offers to buy or sell outside of MartFame, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement; and (2) you are a seller and you offer or reference your contact information or ask for the buyer's contact information in the context of buying or selling outside of MartFame, you will be liable for all final value fees in consideration for the introduction to a buyer for that item on the MartFame site, even if the item does not sell.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
When a buyer or seller issue arises 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, and to do the right thing for both buyers and sellers.
Private seller fees for using our Services are listed on our Fees for private sellers page and business seller fees for using our Services are listed on our Fees for business sellers page. The fees we charge for selling vehicles are listed on our Fees for selling vehicles on MartFame Motors page. We may change our fees, or introduce new fees from time to time by posting the changes on the MartFame site or via the Messages section of My MartFame 30 days in advance. You may close your account without penalty within 30 days of such notice being given.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all MartFame Services, even if sales terms are finalised or payment is made outside of MartFame. In addition, if you are a seller and you offer or reference your contact information or ask for a buyer's contact information, you may be liable to pay a final value fee in consideration for the introduction to a buyer for that item on the MartFame site, even if the item does not actually sell.
You are required to have a valid payment method on file when selling on MartFame. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.
You authorise MartFame to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services. This includes, but is not limited to, amounts owed for MartFame fees, MartFame Money Back Guarantee reimbursements and postage options/labels. MartFame will notify you of these charges. If payments or amounts owed to MartFame cannot be completed through the payment method on file for any reason, you are still required to pay MartFame for all unpaid amounts and MartFame reserves the right to seek reimbursement through other means plus any additional costs incurred by MartFame in seeking reimbursement. You can change your payment method in My MartFame at any time.
Seller fees don't purchase exclusive rights to item exposure on MartFame whether on a web page, mobile app, or otherwise. We may display third party advertisements (including links and references thereto) or other content in any part of our Services, at our sole discretion.
When listing an item, you agree to comply with the rules for listing and selling practices policy and that:
When buying an item, you agree to comply with the rules for buyers and that:
Buyer requested cancellations
Buyers can request to cancel an order on MartFame within one hour of their purchase and the seller will have 3 days to accept or decline the request. If the seller declines the cancellation request, or already posted the order, buyers will need to wait until they receive the item and then decide if they want to start a return. Sellers can also cancel orders in certain circumstances up to 20 days after the sale.
Buyer requested returns
Buyers can submit a return request for items purchased on MartFame. For returns that are eligible for MartFame Money Back Guarantee, please see the policy for details. If the return is not covered by MartFame Money Back Guarantee, buyers can still request the return and the seller has the right to accept or decline the request in accordance with their return policy as stated in the original listing.
Many of our 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.
Your items may be listed on one or more of MartFame's international sites in addition to MartFame.NG. You may stop your listings from appearing on international sites by excluding international postage locations from your listings. By selecting international postage you authorise MartFame, in its discretion, to display your listings on MartFame sites other than the original listing site but acknowledge that your listings may not appear on some or all of these sites.
When you sell your items internationally or purchase an item on MartFame site that is different from your registration site, you are subject to the User Agreement and applicable policies of that other MartFame 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 any MartFame 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 any MartFame 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 MartFame site with respect to that particular sale, as detailed in the International Selling Policy.
You authorise us to use automated tools to translate your MartFame 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 or availability of any translation is not guaranteed.
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works). We may in particular use your content, including any photographs you upload, for marketing and promotional purposes. This includes (i) offering it to other sellers to use in their listings, and (ii) displaying it to other MartFame users as part of the browsing experience on MartFame. We will also be allowed to keep a copy of any content (including photographs) you upload in our product catalogue for subsequent use for these purposes. You authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future for these purposes. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sub-licensees or our assignees.
We may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including MartFame users). You may use that content solely in your MartFame listings during the time your listings are on MartFame's sites. That permission is subject to modification or revocation at any time at MartFame's sole discretion.
We try to offer reliable data, but cannot promise that the content provided through the Services will always be available, accurate, complete and up-to-date. You agree that MartFame is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. If you choose to use catalogue content and/or product data in connection with your listings, you agree to ensure that the content directly associated with your listings is and remains accurate, and that you continue to fully comply with this User Agreement and all MartFame policies. The catalogue and product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the catalogue or product data or create any derivative works based on that data (other than by including the data in your listings).
The name "MartFame" and other MartFame marks, logos, designs and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of MartFame in the Nigeria and other countries. They may not be used unless expressly authorised by MartFame in writing.
Where Flutterwave is managing your payments to protect against the risk of liability, MartFame may recommend that Flutterwave restrict access to funds in a seller's Flutterwave account based on certain factors. These factors include, but are not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value or the filing of a case. This may result in Flutterwave determining to restrict funds in your Flutterwave account.
Sellers can create rules to automate returns and refunds under certain circumstances. Also MartFame may set a default rule that automates the return process for some or all listings where returns are accepted. Sellers may remove or customise their returns preferences in their account settings within My MartFame. Where returns have been set to automatically accept requests, a MartFame-generated return postage label may be provided to your buyer when available. You agree to comply with our returns policies.
When an item is returned, to refund the buyer, you authorise MartFame to request Flutterwave to reverse the refund amount (in the same or other