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Conditions of Sale

Terms of Use

The following terms and conditions (these “Terms of Use”) constitutes an agreement between you and Auctionit Africa, regarding use of and access to Auctionit Africa’s websites (including the ………….), apps and programms and the services and content available via such offerings (collectively, the “Service”). BY ACCESSING, BROWSING AND/OR USING THIS SERVICE, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS PROVIDED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICE AND EXIT IMMEDIATELY.

Auctionit Africa reserves the right to make changes at any time to the Service and these Terms of Use. Any modifications to the Terms of Use will be effective upon posting of any revised Terms of Use, will constitute acceptance of the modified Terms of Use. Please check these Terms of use periodically for changes.

NOTE: Additional terms and conditions apply if you are a Registered Auctionit Africa Buyer. See your Buyer’s Agreement and Auction Rules for further information. Also, specific areas or portions of this Service may include additional or different terms relating to the use of such areas or portions or rights or obligations of you or Auctionit Africa. In the event of a conflict between such terms and these Terms of Use, such Buyer terms and specific terms shall prevail.

Ownership of Content, Copyrights and Trademarks

All content on this Service, including but not limited  to, all photos, images, videos, text, data and data compilations, graphics, works of authorship, software, design, logos but botton icons (collectively, “Service Content”); any improvements or modifications to such Service Content; any derivative works based on any of the foregoing; and the collection, arrangement and assembly of all such Service Content, are the property of Auctionit Africa, its affiliates, business partners and/or licensors and are protected by Nigeria and international copyright and other intellectual property laws.

The mark “Auctionit Africa” the Auctionit Africa logo and other marks that may be displayed on the Service are the proprietary service marks or trademarks of Auctionit Africa or other third parties. Auctionit Africa’s marks may not be used in connection with any product or service that is not Auctionit Africa’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit Auctionit Africa. All trademarks and service marks not owned by Auctionit Africa that appear on this Service are the property of their respective owners, who may or may not be afflicted with, connected to, or sponsored by Auctionit Africa.

Except as expressly provided herein, nothing in these Terms of Use shall be deemed to grant to you or any other use any license or right in or to any copyright, trademark, trade secret, trade name, company name or other proprietary right of  Auctionit Africa or any other individual or entity.

Registration

To obtain access to certain services and features, you will be given an opportunity to register with the Service (your “Account”). As part of the registration process, you will be provided with a Login ID, password and, if applicable, Buyer Number. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to access the service under the name of, another person or entity. If  Auctionit Africa has reasonable grounds to suspect that information you provide as part of your registration is untrue, inaccurate, not current or incomplete, Auctionit Africa has the right to suspend or terminate your Account and refuse any and all current or future use of the Service or other products and features (or any portion therefore). You are responsible for maintain the confidentiality of your Login ID, password and Buyer Number, and for all the activities that occur under your Account, and you agree to hold Auctionit Africa harmless for any cost incurred in connection therewith. If you discover or suspect any unauthorized use of your Login ID, password or Buyer Number or any other breach of security of your Account, you agree to immediately notify  Auction It Africa’s Online Customer Support Helpdesk at cservice@auctionit.africa . Auctionit Africa is not responsible for any loss of damage arising from your failure to protect or to keep confidential your Login ID, password or Buyer Number.

Permitted Use and Restriction

The Service includes various types of Service Content, as well as links to third party websites or content. You may download, view, copy and print information, materials and any other aspect of this Service (i) solely for your personal, informational purposes; (ii)provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered and (iii) and so long as you do not store any significant portion of, or distribute copies or make derivatives of, Service Content, in any form (including electronic means), without prior written permission from Auctionit Africa. You agree you will not, in any way, modify, move, add to, delete, manipulate or otherwise tamper with the Service Content, nor will you decompile, reverse engineer, disassemble or unlawfully use the Service or Service Content or portion thereof, nor will you assist any person or entity in any way in these activities.

You agree you will not interfere, in any way, with others’ use of or access to the Service and will not attempt to gain unauthorized access to the computer system of Auctionit Africa or any other Service user, including any use or attempted use by you of another person’s password and account information. In addition, you agree not to provide to Auctionit Africa any false information, or to otherwise take any other action in connection with your use of the Service which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws, rules and regulations in your use of the Service.

You agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitors, copy, mine, extract, screen scrape or use the Service, or any portion thereof (including information regarding items offered at auction or the results of any auction). You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Service.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, download, transmit, disseminate, redeliver suing “framing technology”, otherwise distribute, or commercially exploit in any way the Service or Service Content any portion thereof, without the prior written permission of  Auctionit Africa or its licensors.

Content you submit through the service, and that you, and not Auctionit Africa, will bear full responsibility for each item of User Content, including its legality, reliability, appropriateness, originality and copyright, except where otherwise expressly provided by Auctionit Africa or Auctionit Africa’s applicable privacy policies, all such User Content shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You retain all rights, title and interest in and to any and all User Content that you provide via the Service. Nonetheless, except as otherwise expressly provided by Auctionit Africa, you agree that by submitting any User Content to Auctionit Africa on or through the service, you hereby grant to a non-exclusive, perpetual, irrevocable, worldwide, unrestricted, sublicenseable, royalty-free right and license to reproduce, modify, adapt, publish, translate, create derivative works based on, distribute, perform, display and/or otherwise use any such User Content in our sole discretion, including incorporating any such User Content in other works in any form, media or technology now known or hereafter developed, and you warrant that all “moral rights” in uploaded User Content been waived. YOU HEREBY RELEASE Auctionit Africa from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any User Content.

You agree not to upload on or transmit to or via the service any User Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade name or other proprietary right; (ii) is defamatory, libelous, harassing, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule or regulation.

Auctionit Africa does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the service. Any information or material placed on the service by third parties are the views and responsibility of those who post the statements, and do not necessarily represent the views of Auctionit Africa. Auctionit Africa reserves the right in its sole discretion to filter, censor, edit or regulate User Content and other information provided by third parties on this service.

Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITES, SERVICES AND/OR MATERIALS CONTAINED IN, ACCESSED VIA OR DESCRIBED ON THE SERVICE, IS AT YOUR OWN RISK, AND THAT ALL SUCH ACCESS AND ITEMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AUCTIONIT AFRICA DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITES, SERVICES OR MATERIALS ON OR ACCESSED VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AUCTIONIT AFRICA DOES NOT REPRESENT OR WARRANT THAT (I) ANY OF THE INFORMATION ACCESSIBLE VIA THE SERVICE IS ACCURATE, COMPLETE OR CURRENT (AND IAA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SERVICE OR SERVICE CONTENT), (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE OR SERVICE CONTENT WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY VEHICLE OR CONTENT OBTAINED BY YOU THROUGH THIS SERVICE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THIS SERVICE OR SERVICE CONTENT WILL BE CORRECTED, FURTHER, AUCTIONIT AFRICA DOES NOT MAKE ANY WARRANTIES REGARDING THE TIMELESS, DELETION, MIS-DELIVERY OR FAILURE OF THIS SERVICE, THE INTERNET, COMPUTER HARDWARE OR SOFTWARE, OR ANY INTERNET ACCESS PROVIDER, TO SEND OR RECEIVE ANY ELECTRONIC TRANSMISSION. MOREOVER, WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THE SECURITY OF OUR SYSTEMS, AUCTIONIT AFRICA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL AUCTIONIT AFRICA OR ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, “THE AUCTIONIT AFRICA PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITE, SERVICES OR MATERIALS AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA). EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSION OR LIMITATIONS ABOVE MANY NOT APPLY TO YOU.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD THE AUCTIONIT AFRICA PARTIES HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, ACTIONS, CAUSES OF ACTION, SUITS, CLAIMS, DEMANDS, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, DISBURSEMENT AND COURT COSTS) INCURRED BY ANY OF THE AUCTIONIT AFRICA PARTIES ARISING FROM OR IN CONNECTION WITH (I) YOUR SUE OF OR RELIANCE ON THE SERVICE, SERVICE CONTENT OR ANY INFORMATION, WEBSITES, SERVICES OF MATERIALS CONTAINED, DISPLAYED OR AVAILABLE THEREIN, (II) YOUR VIOLATION OF THESE TERMS OF USE; (III)ANY ACTIVITIES RELATING TO YOUR ACCOUNT; (IV) ANY USER CONTENT PROVIDED BY YOU TO AUCTIONIT AFRICA; AND/OR (V) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY. WE RESERVE THE RIGHT TO ASSUME AT YOUR EXPENSES THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

Modification or Discontinuance of the Service by the Company

At any time, without notice to you, and for any or no reason, Auctionit Africa may modify or discontinue the Service or any other content or features provided therein. Auctionit Africa shall in no way be held liable for any consequence which results from Auctionit Africa’s decision to modify or discontinue providing the Service or any other content or features provided therein.

Denial of Access

Auctionit Africa may prohibit you from using or accessing the Service or any content or features available thereon or the Service Content for any or no reason, at any time, in its side discretion, without notice to you.

Government Law and Submission to Arbitration

 

The laws of the Federal Republic of Nigeria will govern these Terms of Use, without giving effect to any principle of conflicts of laws. You agree that any action arising out of the Terms of Use or your use of the Service shall be submitted to and resolved only by binding arbitration law apply to arbitration instead of litigation. Both parties agree to share equally in the entire cost of conducting the arbitration, including the fees of the Arbitrator. The Federal Arbitration Act and federal arbitration law apply to arbitration under this Agreement. The parties agree that a party will bring all claims in it individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither party will be entitled to join or consolidate claims in arbitration. The arbitration  shall be held only in Lagos, Nigeria. Except as expressly provided herein, the arbitration shall be conducted in accordance with applicable rules and procedures established by the Nigeria Arbitration and reconciliation Association of Nigeria. One arbitrator shall be appointed in accordance with the Arbitration Rules (the “Arbitrator”). Any result reached by the Arbitrator shall be final and binding on all parties to the arbitration and no appeal may be taken. Any party to any award rendered in such arbitration proceeding may seek a judgment upon the award and that judgment may be entered thereupon by High court having jurisdiction.

Miscellaneous

Unless otherwise stated, materials and content on this Service are presented solely for promoting features, products and services in the Federal Republic of Nigeria. Information published on this service may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products programs or services referenced on this Service are legal, available or appropriate in your country or region.

You may not assign or otherwise transfer these Terms of Use or any rights or obligation hereunder Auctionit Africa’s failure to act on any breach of any provision hereof shall be constructed as a waiver of the enforcement of any provision unless Auctionit Africa agrees to such waiver in writing.

If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed several and will not affect the validity or enforceability of the remaining provisions, these Terms of Use, and other terms and conditions within the Service, set forth the entire understanding between you and Auctionit Africa with respect to the use of the Service and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Auctionit Africa with respects to such matter. For the purpose of clarify, nothing in .

Unauthorized Use of Service

You agree not to access or attempt to access any password-protected portions of the service without an authorization Login ID or password. Auctionit Africa reserves the right to investigate and take legal action for any illegal and/or unauthorized use of the service including any use or attempted use by you of any violation of these Terms of Use shall not be constructed as a waiver of any provision of these Terms of Use of any legal rights of Auctionit Africa.

Further, Auctionit Africa reserves the right to deny access to the service, or any content or feature provided via the service, to anyone who violates this Terms of Use or any other applicable terms and conditions of use of the Service or portion thereof or who, in our judgment, interferes with the ability of others to enjoy this Service, or infringes the rights of others. 

Links to the Third Party Site or Services

 

The Service may include links to the websites, content or services of third parties. Auctionit Africa is not responsible for the content of any links, or any products, services or other materials relating to any linked sites or service, or any link contained in a linked site or service. Auctionit Africa does not control these third party offerings. The existence of links from the service to such offerings should not be constructed as an endorsement of any of the content, product or services appearing such offering or as implying an association between  Auctionit Africa and the operations thereof. By using these third-party websites contents or service you may be agreeing to their terms of use and privacy policies. YOU HEREBY RELEASE Auctionit Africa and its affiliates from any damages that you may incur and agree not to assert any claims against them, arising from your use of these third-party websites, contents or service or from your purchase or use of any third-party websites, content or service or from your purchase or use of any third-party websites, content or services or from your purchase or use of any third-party websites, content or service or from your purchase or use of any third-party provided product or service.

Privacy

The terms of Auctionit Africa’s privacy policy, are hereby incorporated as part of these Terms of Use. Specific area or portions of this service may include additional or different terms relating to use of personal information collected from such areas or portions.

User Content

Certain features or areas of the service may allow you to upload certain information or content to the Service, including your resume, videos, comments feedback, and other information, data or materials (collectively, “User Content”). You acknowledge that you are responsible for the User

These Terms of Use shall control, limit or override any Auction Rules or terms and conditions that apply if you are a registered Auctionit Africa Buyer.

Any notices or acknowledgements that are not specified in these terms of use may be using any contact information provided by you. You specifically consent to receive communications from us electronically via any e-mail address you provide and agree that such electronic communications satisfy any legal requirement that such communication bee writing.

Contact

If you have any questions relating to these Term of Use, the Service or Auctionit Africa  please contact us through admin@auctionit.africa or +234-811-734-1985

Notice and Procedure for making Claims of intellectual Property Infringement

Auctionit Africa respects the intellectual property rights of others. If you believe that any consent available via this service may infringe your copyrights or other intellectual property rights, please provide Auctionit Africa the following written information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;

A description of the intellectual property right that you claim has been infringed;

A description of where the material that you claim is infringing is located on the service;

Your address, telephone number and e-mail address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agents or the law; and

 

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

Auctionit Africa’s agents for notice of claims of copyright infringement or other intellectual property infringement on the Service can be reached through any of the following: admin@auctionit.africa or +234-811-734-1985.

Please note that this procedure is exclusively for notifying Auctionit Africa that your intellectual property rights have infringed. Please be advised that Auctionit Africa enforces a policy that provides for the termination in appropriate circumstance of users who are repeat infringers.

Revised April 27, 2018.