These Terms of Use (the “Terms”) constitute a binding and enforceable legal contract between OFAyes.com Online Marketplace in Nigeria, its affiliated companies (together, the “Administrator”, “we”, “us”) and you. Please read these Terms carefully. Your access and use of the OFAyes.com website and mobile applications, as well as any service, content, and data available via them (together, the “Service” or the “Platform”), are governed by these Terms.
If you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by the Terms, then do not access or use the Service. Please also review our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, rules, policies, or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. In our sole discretion, we reserve the right to make changes or modifications to these Terms at any time and for any reason with or without prior notice.
IMPORTANT DISCLAIMERS
ALL SERVICES RENDERED BY THE ADMINISTRATOR ARE RENDERED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTEES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED. ADMINISTRATOR HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE EXISTENCE, QUALITY, SAFETY OR LEGALITY OF GOODS AND SERVICES PUBLISHED BY USERS ON THE PLATFORM; THE TRUSTWORTHINESS OR ACCURACY OF INFORMATION PROVIDED BY USERS IN THE ANNOUNCEMENTS; THE ABILITY OF SELLERS TO SELL GOODS OR TO PROVIDE SERVICES; THE ABILITY OF BUYERS TO PAY FOR GOODS OR SERVICES; OR THAT A USER WILL COMPLETE A TRANSACTION. ADMINISTRATOR MAKES NO GUARANTEES CONCERNING THAT MANUFACTURING, IMPORT, EXPORT, OFFER, DISPLAYING, PURCHASE, SALE, ADVERTISING AND/OR USE OF PRODUCTS OR SERVICES, WHICH ARE OFFERED OR DISPLAYED ON THE PLATFORM DO NOT INFRINGE ANY THIRD PARTIES’ RIGHTS. THEREFORE, ADMINISTRATOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION TO MATERIALS AND INFORMATION POSTED BY USERS ON THE PLATFORM. YOU ARE ENCOURAGED TO CHECK THE GOODS BEFORE PAYMENT AND TO REQUEST THE SELLER TO PROVIDE DOCUMENTS CONFIRMING COMPLIANCE OF THE GOODS WITH APPLICABLE REQUIREMENTS OF LAWS, REGULATIONS, RULES, GUIDELINES AND STANDARDS. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND YOU UNDERSTAND THAT YOU SHOULD MEET WITH OTHER INDIVIDUALS FOR THE COMPLETION OF A TRANSACTION ONLY IN SAFE PUBLIC PLACES IN DAYLIGHT HOURS. YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING DUE DILIGENCE OF ANY INDIVIDUAL OR ORGANIZATION REQUESTING A MEETING TO CONDUCT A JOB INTERVIEW OR TO COMPLETE A TRANSACTION. ADMINISTRATOR DISCLAIMS ANY RESPONSIBILITY FOR USER’S INTERACTION WITH ANY INDIVIDUAL OR ORGANIZATION. ACCOUNT REGISTRATION
To use certain features of the Service you may need to register an account on the Platform (the “Account”) and provide certain information about yourself as prompted by the registration form.
SERVICE
The Platform is an online service that allows users to create and publish announcements, to view announcements published by other users, to communicate with other users using the contact details provided in the announcements. The Administrator itself is not an importer, manufacturer, distributor, or seller of any item, as well as not a provider of any service posted by users on the Platform. In addition, the Administrator is neither a marketer nor a person acting on the user’s behalf for the marketing of any goods or services posted on the Platform. The actual sale and purchase contracts or services contracts are entered into directly between the users, and the Administrator itself is not a party to such transactions. The Administrator provides users with an opportunity to communicate.
Users shall be solely responsible to collect and remit any applicable taxes resulting from the sale of their goods or services posted on the Platform. The Administrator reserves a right to delete or block access to announcements posted by users without any notice in the event of: • receiving of mandatory judgments of competent public authorities; • claim of a holder of intellectual property rights to terminate infringement of his/her rights by a user on the Platform; • infringements of rights or legal interests of other users, legal entities, or individuals upon their reasonable request; • detecting that an announcement posted by a user on the Platform breaches these Terms or any applicable law, regulation, rule or standard.
The Administrator is authorized to delete or block announcements of users regardless of providing a user with the relevant substantiation. The Administrator retains the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Administrator’s actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Administrator has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
Each user of the Service is solely responsible for any of his or her User Content (as defined below). Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such users. You agree that the Administrator will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
The Service may contain links to third-party websites, services, resources, and advertisements for third parties, including without limitation, offers from local banks and other financial institutions (collectively, “Third Party Ads”). Such Third-Party Ads are not under the control of the Administrator and the Administrator is not responsible for any Third-Party Ads. The Administrator provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations for Third-Party Ads. Advertisements and other information provided by online properties to which the Third-Party Ads lead, may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such online properties. When you link to third-party online properties, the applicable service provider’s terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-Party Ads that are found on or through the Service, including payment and delivery of related goods or services, are solely between you and such third party.
You hereby release us, our officers, employees, agents, and successors from claims, demands any losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any Service users or any Third-Party Ads.
POSTING OF ANNOUNCEMENTS BY USERS
A user shall provide to the Administrator any documents confirming the legitimacy of posting of announcements and identity documents upon the Administrator’s request. A user, who posts announcements about the sale of goods or services on the Platform, shall provide precise and complete information about such goods and services, as well as about the terms and conditions of sale and services provision. In particular, but without limitation, the phone number associated with each announcement shall be reachable, which implies not only the ability to receive messages but also necessitates that the user shall be available to answer calls promptly. Failure to maintain an accessible and functional phone number may result in the temporary closure of the user’s advertisements.
The terms and conditions of sale and services provision developed by the user shall not interfere with these Terms and applicable laws. The Price of goods or services shall be exact. If it is perceived to be changed due to any specific circumstances, this shall be provided in the announcement.
When uploading a YouTube video to your announcement through YouTube API Services functionality offered by the Administrator, you are agreeing to be bound by the YouTube Terms of Service available at: https://www.youtube.com/t/terms. When uploading a Facebook video to your announcement through Facebook Embedded Video & Live Player functionality offered by the Administrator, you are agreeing to be bound by the Meta Platform Terms available at https://developers.facebook.com/terms/ and Facebook Terms of Service available at https://www.facebook.com/terms.php.
FEES
The Platform is generally free; however, it may contain payable services. For instance, we may set limits for publishing announcements in certain categories or offer advertising options for announcements on the Platform. You are eligible to register more than one Account if you use payable services on each of them. The fees we charge for using payable services and payment methods accepted by us are disclosed on the Platform. We reserve the right, in our sole discretion, to change the fees and acceptable payment methods from time to time and for any reason. Unless otherwise explicitly provided by mandatory rules of the applicable law, the fees are non-refundable due to the nature of online services. Your payments for the services are governed by the Billing Policy (https://OFAyes.com/billing-policy/
USER REPRESENTATIONS AND WARRANTIES
By using the Service, you represent and warrant that: You have the legal capacity and you agree to comply with the Terms; If you register yourself as a representative of a legal entity, you are authorized by the company to agree with us and with users of the Platform; You are above 18 years of age; You will or have provided true, accurate, and complete information in your Account; You will update your information on your Account to maintain its truthfulness, accuracy, and completeness; You will immediately change data for access to the Platform if you have a suspicion that your Account access details were disclosed or probably used by third parties; You will notify the Administrator of any unauthorized access to your Account; You will not provide any false or misleading information about your identity or location in your Account; You will use the Service in strict abidance by applicable laws, regulations, rules, and guidelines; You will not use the Service for any illegal or unauthorized purpose; You will not post on the Platform announcements that offer for sale or exchange any Prohibited Items https://OFAyes.com/faq/ You will not post on the Platform announcements that infringe other person’s rights or interests, including any intellectual property rights or any other personal or proprietary rights of any third party. You will not post on the Platform announcements that include: false, misleading or deceptive statements; personal or identifying information about minors or other persons without the proper consent; pornographic, overtly sexual materials; depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition; defamatory, discriminatory, mean-spirited, threatening or harassing, improper, unacceptable materials, vulgar or abusive language; advocacy of hate, violence, discrimination, racism, xenophobia, ethnic conflicts; appeals to violence and unlawful actions; offers of prostitution or other services contradicting moral or legal norms; services, the provision of which is prohibited by the applicable law; information of a solely promotional nature with no offers of specific goods or services; counterfeit and imitated goods or unauthorized copies. Unauthorized copies include also goods having been acquired by illegal means, pirated or stolen; and direct or indirect references to any other websites, references, or information about websites competing with the Platform; You will not use software and pursue any other actions aimed at interfering with the normal operation of the Platform; You will not promote or distribute unsolicited commercial emails, chain letters, or Ponzi schemes through the Platform or by any other means towards other users of the Platform; You will not copy, modify, or distribute any other User Content without the consent of the respective user; You will not harvest or otherwise collect information about users, including email addresses, or phone numbers, without their consent or otherwise violate the privacy of another person; You will not download, store, post, distribute provide access to, or in any other way use worms, viruses, trojans, and other malware; You have a legal title to the items offered for sale in your announcement; and You have the necessary license or are otherwise authorized, as required by applicable law, to offer for sale, advertise, and distribute goods described in your announcement.
INDEMNITY
You agree to indemnify and hold the Administrator, its successors, subsidiaries, affiliates, related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of: • your use of the Platform; • your User Content; • your violation of any representation, warranty, covenant, or obligation stipulated in these Terms; (iv) your violation of any applicable law, industry standard, regulation, guideline, or rule; • any transaction entered into by you via the Platform or your violation of the terms of such transaction. The Administrator reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE, AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE ADMINISTRATOR TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE, CONTENT OF ANNOUNCEMENTS, IS LIMITED TO THE LESSER OF THE AMOUNTS YOU HAVE PAID, IF ANY, TO US DURING THE SIX (6) MONTH PERIOD BEFORE ANY CAUSE OF ACTION ARISING.
INTELLECTUAL PROPERTY RIGHTS
Information you submit to us as part of your registration, and any data, text, pictures and other materials that you may submit or post on the Platform (the “User Content”) remain your intellectual property, and the Administrator does not claim any ownership of the copyright or other proprietary intellectual property rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that the Administrator may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy. You grant the Administrator the non-exclusive, worldwide, transferable, perpetual, irrevocable right to copy, modify, adapt, store, publish, distribute, publicly display and perform, communicate and make available to the public the User Content in connection with the Service, including to use and make the User Content public on the affiliated website, as well as for the Administrator’s marketing, advertising, and other purposes.
You agree, represent and warrant, that your use of the Service, or any portion thereof, will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. Materials on the Platform, except those posted by the user, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. (“Materials”) and trademarks, service marks and logos included in it (“Marks”) belong to or are licensed by the Administrator representing items of copyright and of any other intellectual property rights. Any use of such Materials and Marks without prior notice of the Administrator is not allowed. Notice for Claims of Intellectual Property Violations and Copyright
INFRINGEMENT
If you are a holder of intellectual property rights or a person authorized to act in the name of a holder of intellectual property rights and you reasonably believe that information that is posted to the Platform someway infringes your intellectual property rights or intellectual property rights of a person, in which name you act, you may provide notification to the Administrator requiring to delete such material. In this regard, you shall warrant that your appeal has a legal basis and that you act in good faith according to the law. When providing relevant notification concerning infringement of rights you shall ensure that your request corresponds to the form below and includes the following: an appeal should include the physical or electronic signature of a person empowered for acting in the name of a holder of the right, which is believed to be infringed; the objects of intellectual property rights, rights on which were supposedly infringed, shall be specified. If several objects exist, the entire list of such items shall be provided; you shall specify materials (with an indication of specific URL pages), which are stated to infringe rights or themselves are the objects of infringement; you shall provide contact information so that the Administrator would be able to contact you, for example, address, phone number, and email address; signed application with about your faithful and reasonable belief in those materials being the objects of complaint concerning infringement of intellectual property rights are used without a right holder’s or its representative’s consent, and also that this is not allowed by law; signed application about that a holder of intellectual property rights releases the Administrator from any third parties’ claims related to the deletion of relevant materials by the Administrator; signed application about that information contained in a notification is accurate under penalty of perjury, and you are authorized to act in the name of a holder of the exclusive right, which has been supposedly infringed; statutory regulations which you believe to be violated in connection to using disputable content; state, in which territory you believe the rights to be infringed; copies of documents establishing rights for an object of intellectual property right, which is subject to security, as well as a document that confirms powers for acting in the holder’s name, in attachments to your appeal. The relevant notification shall be sent to email support@OFAyes.com.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of the Republic of Nigeria. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act (Cap. A18) of the Republic of Nigeria. The number of arbitrators shall be one. The seat of arbitration shall be in Abuja, Nigeria. The language to be used in the arbitral proceedings shall be English.
MISCELLANEOUS PROVISIONS
Except as otherwise provided, if any provision of these Terms 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. We may transfer and assign all of our rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give us consent to any such transfer or assignment. If we fail to take any action with concerning your breach of these Terms, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms. In no event shall the Administrator be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Administrator’s reasonable control.
OFAYES CONTEST RULES
According to the applicable provisions of the tax legislation of Nigeria, the Company will apply a withholding tax to your award, therefore you may receive your award less respective withholding tax as applied. You are hereby informed and acknowledge that the ultimate responsibility for your federal, state and municipal individual income taxes and/or other taxes related to the award and legally applicable to you, is and remains your responsibility and may exceed the amount withheld by the Company.
CONTACT
If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: support@OFAyes.com. Last updated 07/27/2024
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