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© 2015 PAYit Online. All Rights Reserved.
You confirm that you have had an adequate opportunity to read and understand the terms and conditions, and that you are aware of all the terms printed in bold. Please contact us if you need further explanation of anything referred to herein or related to the use of the web service. You may contact us at our email address firstname.lastname@example.org.
By using the PAYit.ng platform, you unconditionally agree to be bound by laws, rules, regulations and official issuances applicable on the matter, now existing or which may hereinafter be enacted, issued or enforced. These terms and conditions comprise the agreement between (“PAYit.ng”) and the Merchant in connection with the display of its goods and services on the Online Marketplace.
“Account” means the unique user identification and password assigned to each Merchant by PAYit.ng for use on the Online Marketplace
“Agreement” means these Terms and Conditions and any annexures hereto,
“Commencement Date” means the date of execution of this Agreement by the Parties.
“Intellectual Property” means “any patent, copyright, registered design, trademark or other industrial or intellectual property right in respect of the Online Marketplace and/or any other applications.
“Merchant, You or Your” means the Customer of PAYit.ng desirous of displaying its goods and services on the www.payit.ng
“Parties” means PAYit.ng and the Merchant
“Services” mean features provided by PAYit.ng on the Online Marketplace and all other aspects of the Platform including Merchant user content which may be subject to change from time to time.
“PAYit.ng/www.payit.ng” means the PAYit.ng web service where Merchants can display their goods and services for the general public to view and purchase same.
“Webpage” means the space provided by and allocated to the Merchant on the Platform where a Merchant can display its Products for the general public to view and purchase same.
“Website Manager” means a designated web manager appointed by PAYit.ng to audit or carry out other services on the Platform on a periodic basis or as directed by PAYit.ng from time to time.
COMMENCEMENT AND TENURE This Agreement shall take effect from the date hereof and shall continue and be in force until terminated in line with the provisions of this Agreement.
OBLIGATIONS OF THE MERCHANT
The Merchant shall establish and maintain its Webpage, including the contents of same in line with the terms of this Agreement and as specified by PAYit.ng from time to time.
The Merchant shall ensure that information provided on its Webpage is accurate and complete and in the form specified by PAYit.ng from time to time.
The Merchant shall keep its Account confidential and shall promptly notify PAYit.ng of any unauthorized use of its Account.
The Merchant shall be available upon request by PAYit.ng to resolve any issues relating to its Webpage and resolution of complaints and disputes from individuals patronizing the Merchant's webpage.
The Merchant shall comply with requests from PAYit.ng to conduct due diligence and establish the true identity, nature, ownership, source of funds, operational and transaction history of the business
The Merchant shall publicly disclose on its Webpage its delivery, fulfillment and returns policies and also ensure that it is at all times compliant with same.
The Merchant is prohibited from the display, sale of any products or engagement in any activity declared illegal under the Law including but not limited to narcotics, hard drugs, firearms, tobacco or tobacco products, armament productions, casino or companies where the principal source of income is gambling, Immoral and illegal activities, including but not limited to the display of pornographic photographs or materials or the sale of pornographic products, production or activities involving harmful or exploitative forms of forced labor and/or child labor, trade in wildlife or wildlife products that have been expressly prohibited by Law for public sale, production or trade in radioactive materials, unbounded asbestos fibers, and hazardous chemicals; and investments harmful to the environment or any item which may cause public offence or has been expressly prohibited by Law.
The Merchant shall ensure that sizes of the images pasted on its Webpage shall be as prescribed by PAYit.ng from time to time to ensure that the Platform functions at optimal capacity.
The Merchant shall not switch from the sale of one category of Products to the other without the express written permission of PAYit.ng.
The Merchant shall ensure the safety and security of all data or any information stored on its Webpage
OBLIGATIONS OF PAYIT.NG
PAYit.ng shall be responsible for the provision of the Services and shall grant the Merchant access to the use of the Services provided that the Merchant is in compliance with the terms of this Agreement.
PAYit.ng shall provide parameters for the provision of images and videos of the Products to be displayed on the Platform and the content of the information to be uploaded on the Platform and Webpage
PAYit.ng shall as much as it is within its ability, endeavor to provide necessary administrative and technical support for the Platform.
PAYit.ng may revise the terms and conditions of this Agreement from time to time.
SELLERS' LISTING FEES AND PAYMENT TERMS
All fees for use of the Site and Applications are listed as a percentage of final sale prices unless stated otherwise and are incorporated herein by reference.
All fees and payment terms may vary in the future. The fee and payment terms in effect on the date of sale of the Merchandise shall govern the transaction. Fees shall range between 5-10% of the merchant sale price.
% markup shall cover costs of packaging and fulfillment of products to the end-user/customer.
% markup shall vary based on distance, handling costs as well as delivery distance.
You should check the fees and terms each time you participate.
All fees are deducted from the final transfer of funds to the Seller. By listing an item for sale on the Site, you authorize PAYit.ng to deduct any fees from amounts due.
PAYit.ng fees usually range between 5-10% of the retailers cost.
REPRESENTATION AND WARRANTIES
The Merchant hereby represents and warrants to PAYit.ng as follows:
That the Merchant is duly incorporated, validly existing and in good standing under the laws of Nigeria and has the legal authority to enter into this Agreement
That the Merchant has the requisite skills, experienced management, certified personnel and technology to execute the services stated herein;
That all the information relating to the Merchant or otherwise relevant to the matters contemplated by this Agreement which have been provided to PAYit.ng by the Merchant are true and correct in all respect and shall notify PAYit.ng of any material change in such information;
The Merchant represents that it shall comply with all applicable privacy, consumer and other laws and regulations with respect to the Services
EVENT OF DEFAULT
The following and a breach of any of the terms of this Agreement by the Merchant shall constitute an event of default under this Agreement:
If any representation, warranty or statement made or deemed to be made by the Merchant is or proves to have been incorrect or misleading in any material respect;
If any corporate action, legal proceedings or other procedure or step is taken against the Merchant;
If any event, fact or circumstance which has or could in the opinion of PAYit.ng be likely to have a material adverse effect on the ability of the Merchant to perform any of its obligations under this Agreement;
Any other reasons which in the sole opinion of PAYit.ng constitutes an event of default and such decision is taken in the best interest of the general public.
In the event of any default of any obligation by the Merchant pursuant to this Agreement, PAYit.ng reserves the right to terminate this Agreement immediately without notice and Merchants shall lose their access to their Webpage and Services therein terminated immediately.
Without prejudice to any remedy or right reserved by the Parties, PAYit.ng may terminate this Agreement or suspend the Merchant's access to the Services at any time without notice to the Merchant for the violation of any of the terms of this Agreement.
The Merchant shall give PAYit.ng a 14 day notice of its intention to discontinue the use of the Services.
This Agreement shall automatically terminate if:
The Merchant is wound up or goes into liquidation or for any reason ceases or threatens to cease to carry on its business or transfers its business;
The obligations of the Merchant become prohibited by law or any other regulatory authority;
The Merchant fails to perform its obligations under this Agreement in accordance with the agreed terms and conditions of this Agreement and any further terms and conditions as may be advised by PAYit.ng from time to time.
If any event or series of events occurs which may render the Merchant unable to comply with its obligations under the terms of this Agreement, or any other agreement between the Parties;
If the Merchant carries out any act that will or is likely to have a material adverse effect on the reputation, image and goodwill of PAYit.ng;
Upon termination of this Agreement, the Merchant shall return to PAYit.ng all the properties and materials of PAYit.ng that are in the Merchant's possession.
The Merchant recognizes and acknowledges that PAYit.ng shall be providing the Services on the Platform on an “as is” basis.
The Merchant agrees to indemnify and keep PAYit.ng indemnified against all losses, damages, claims, costs, adverse judgement, legal costs, professional or attorney's fees and other expenses of any nature whatsoever incurred or suffered by PAYit.ng whether direct or consequential (including any economic loss on turnover, profit, business or goodwill) as a result of or in connection with or in any way related to the use of the Platform under this Agreement or the use of its website which users on the Platform may be directed to access and the Merchant shall be liable for any loss or damage suffered by PAYit.ng as a result of such action and upon demand reimburse PAYit.ng for any such loss or damages.
In the event of any proceeding, litigation or suit against PAYit.ng by any regulatory agency or in the event of any court action or other legal or judicial proceeding challenging or otherwise arising out of any matter herein contemplated, the Merchant shall co-operate fully with PAYit.ng in the preparation of the defense of such action or proceeding and also co-operate with PAYit.ng and its attorneys, as may be required.
The foregoing indemnification obligations shall survive the termination of this Agreement.
The Merchant agrees that except as otherwise set forth herein, all right, title and interest in and to all registered and unregistered trademarks, service marks and logos, patent, patent applications and patentable ideas, inventions, trade secrets, proprietary information and know-how, registered and unregistered copyrights including without limitation to any forms, images, audio-visual displays, text, soft-ware and all other intellectual property, proprietary rights or rights related to intangible property which are used, developed, embodied in the Services are owned by PAYit.ng and agrees to make no claim of interest in or ownership of any such PAYit.ng's intellectual property. The Merchant further agrees that no title to PAYit.ng's proprietary right is transferred to the Merchant, and that the Merchant does not obtain any rights, express or implied by use of the Platform.
The Merchant shall be authorized to use its trademarks on the Platform and shall not infringe on the rights of third parties. The Merchant agrees that the display of its products or designs on the Platform shall not infringe on the intellectual rights of any third parties and that it shall not rent, sell, resell, lease, sublicense or loan the components of the Service therefrom.
The Merchant shall establish an Account with PAYit.ng for the Products. Such Account shall not in any way be misleading, offensive or infringing. The Merchant shall be responsible for keeping its Account and password secure and prevent same from unauthorized use. The Merchant is responsible for all activities relating to its Account.
MANAGEMENT OF THE PLATFORM
PAYit.ng shall appoint a Website Manager whose responsibility shall be to audit and maintain the Platform from time to time to ensure the Platform is being operated legally and that no offensive contents or images are posted on the Merchant's Webpage.The Website Manager reserves the right upon giving prior notice to PAYit.ng to suspend or delete the Webpage of any Merchant who breaches any term of this Agreement..
PAYit.ng shall provide sample images, videos, audio, text messages or any other items as may be needed to upload on the Website.
ELIGIBILITY TO USE THE SERVICE
The Merchants represents that they are not less than 18 years of Age in the case of the Proprietor of a Business Enterprise or persons representing Merchants who are Limited Liability Companies are not less than 18 years of Age.
PAYit.ng may provide the Merchant with its confidential information in oral or electronic form in furtherance of this Agreement. The Merchant agrees to keep any such confidential information confidential and not to disclose it to any third party, other than its employees and directors on a need-to-know basis, without the prior written consent of PAYit.ng, save as required by law or regulation. The confidential information shall exclude any information that is in the public domain in the same format or context. This clause shall survive the expiration or termination of this Agreement.
The Merchant acknowledges that the unauthorized disclosure of confidential information to a third party may cause loss or damage to PAYit.ng. Accordingly the Merchant hereby indemnifies PAYit.ng against any loss, claim or damage arising from a breach of the confidentiality obligations under this Agreement;
NON-ASSIGNMENT The Merchant hereby covenants that it shall not during the subsistence of this Agreement, assign all or any portion of its obligations under this Agreement to any other individual, body or corporation.
DISCLAIMERS AND LIMITATION OF WARRANTY AND LIABILITY
Except as expressly set forth above; PAYit.ng or any of its agents make no warranty of any kind, express, implied or statutory regarding the Services or this Platform.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website nor do we commit to ensuring that the Platform remains available or un-interrupted, error free or that the material on the Platform is kept up-to-date or that all errors shall be corrected.
Notwithstanding anything to the contrary herein contained, neither Party shall be liable or responsible for failure to perform or delay in performance of any of its obligations under this Agreement if such failure or delay is due to or attributable to any act of God, war, warlike conditions, hostilities, riots, civil commotion, or any other cause or circumstance of whatsoever nature beyond the reasonable control of either Party. Such Force Majeure situation shall be notified to the other Party within 15 days from the occurrence of the same. If such situation continues for a period of 3 months the other party shall be entitled to terminate the Agreement on the expiry of the said period after duly intimating the same to the other Party;
If any provision of this Agreement is held by a court of law to be unlawful, void or unenforceable, such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provision of this Agreement and without having any effect whatsoever on the validity or enforceability of this Agreement.
NIGERIAN LAW AND GENERAL PROVISIONS
This Agreement shall be governed by the laws of the Federal Republic of Nigeria and any disputes arising therefrom shall be subject to the Nigerian Courts.;
PAYit.ng and The Merchant hereby expressly acknowledge and agree that regarding the relationship between the parties created by this Agreement:
The parties are not, and shall not be deemed, joint ventures or partners;
The Merchant is not, and shall not be deemed, an agent of PAYit.ng.
I (We) have read the Terms and Conditions as stated above and I (We) agree to its contents.
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