Your Privacy Rights
It applies to the Expressbuyng.com website and all related sites, applications, services and tools where this policy is referenced, regardless of how you access or use them, including mobile devices..
· Scope and Consent
· Global Privacy Standards
· Mobile Privacy
· Children's Privacy
· Collection of Personal Information
· Information Sharing and Registration with Social Media Websites
· Use of Personal Information
· Communication Preferences
· Our Disclosure of Your Information
· Information You Share on Expressbuy
· Using Information You Get from Expressbuy
· No Spam, Spyware, or Spoofing
· Accessing, Reviewing, and Changing Your Personal Information
· How We Protect and Store Your Personal Information
· Third Parties
· Contact Us
Scope and Consent
You are contracting with Expressbuy Ventures and its affiliates, partners and contractors.
Expressbuy Ventures is located on 2 Martins street, off Ojuelegba Road, Surulere, Lagos.
The Expressbuyng.com website is a general audience website, and it and its related sites, applications, services, and tools are not intended for children under the age of 13. We do not knowingly collect personal information via our websites, applications, services, or tools from users in this age group.
Collection of Personal Information
You can browse our sites without telling us who you are or revealing any personal information about yourself. This information is associated to your account only when you sign in as a registered user. If you register for an account with us, you give us your personal information, and you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers.
We collect the following types of personal information in order to provide you with the use of and access to our sites, applications, services and tools, and to help us personalize and improve your experience:
Information we collect automatically: When you visit our sites, use our applications, services, and tools, or interact with our advertising or content, we automatically collect information sent to us by your computer, mobile device, or other access device. This information is associated with you personally only when sign in as a registered user, and includes but is not limited to:
· device ID or unique identifier, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, referral URL, ad data, IP address, and standard web log information,
Information you give us: We collect and store any information you enter on our sites or you provide to us in context of using our sites, applications, services or tools. This may include, but is not limited to:
· information you provide us when registering for an account, including email address, phone number, mobile telephone number, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
· addition information you may provide to us via social media sites or services
· transactional information based on your activities on the sites (such as bidding, buying, selling, item and content you generate or that relates to your account);
· shipping, billing and other information you provide to purchase or ship an item;
· information provided in the context of community discussions, chats, dispute resolution, correspondence through our sites, or correspondence sent to us
· additional personal information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list)
Mobile: When you download or use our Mobile Applications, or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to control or disable location services in the device's setting's menu. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or the manufacture of your particular device.
Information from other sources: We may receive or collect supplemental information about you from third parties sources and add it to our account information. This may include, but is not limited to, demographic, navigation information, additional contact information, credit check information, and additional information about you from credit bureaus or other sources, as permitted by law.
Information Sharing and Registration with Social Media Websites
We offer sign-on services that allow you to use third party login credentials to access the Expressbuy site or related sites. We also offer services that allow you to share information with third party social media websites such as Facebook, Google Plus, Twitter, Pinterest and others.
Use of Personal Information
Our primary purpose in collecting personal information is to provide you with access to our sites and/or use of our services, applications and tools, provide you with requested customer service and relevant information about your account and our services, and to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
· provide you access to our sites and the services and customer support you request;
· provide customer support you request for financial products offered by members of our affiliates, partners and their financial institution partners.
· prevent, detect, and investigate, fraud, security breaches, potentially prohibited or illegal activities, and enforce our User Agreement;
· customize, measure and improve our services, content and advertising;
· contact you, either via email or telephone, to resolve disputes, collect fees, and troubleshoot problems with your account or our sites, services, applications or tools, or for other purposes authorized by law.
· contact you, either via email or telephone to inform you about our services and those of our corporate family, deliver targeted marketing, service updates, and promotional offers based on your communication preferences
· assist in the credit underwriting process in order to provide you with credit offers and opportunities on behalf of our partners, affiliates and their financial institution partners who offer financial products;
· compare information for accuracy, and verify it with third parties;
· provide you other services requested by you as described when we collect the information
You can control how and when you want to receive notifications from Expressbuy about your buying and selling activities from the Communication Preference section within My Expressbuy. This is also the place where you can control your member-to-member communication preferences, and choose which newsletters and promotions you want to receive, and the methods by which we may contact you.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising.
If you do not wish to receive marketing communications from us, you can indicate your communications preference in My Expressbuy or within the direct communication from us. If you do not wish to participate in our ad-customization programs, you can opt-out by following the directions provided within the applicable advertisement.
Our Disclosure of Your Information
We may also share your personal information with:
· Service providers under contract who help with our business operations (such as, but not limited to, fraud investigations, bill collection, affiliate and rewards programs, site operations, and co-branded credit cards).
· Other Expressbuy users, whether located in your country of residence or outside of your country of residence, as authorized by you or your use of our sites, services, applications or tools. For example, where you are involved in a transaction with another user, the other user may view your email address and request and obtain your contact information and postal address to help complete the transaction;
· Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
· Law enforcement, governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other Expressbuy user to legal liability. In such events, we will only disclose information relevant and necessary to the investigation or inquiry, such as name, city, state, ZIP code, telephone number, email address, User ID history, IP address, fraud complaints, bidding and listing history, and anything else we may deem relevant to the investigation.
· Credit bureaus with which we may report information about your account, including information on late payments, missed payments, or other defaults on your account may be reflected in your credit report.
Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
Information You Share on Expressbuy
Your User ID is displayed throughout Expressbuy (and so available to the public), and is connected to all of your Expressbuy activity. Other people can see your bids, purchases, items for sale, storefronts, Feedback, ratings and associated comments. Notices sent to other community members about suspicious activity and policy violations on our sites refer to User IDs and specific items. So if you associate your name with your User ID, the people to whom you have revealed your name will be able to personally identify your Expressbuy activities.
If you access our sites from a shared computer or a computer in an internet café, certain information about you, such as your User ID, activity, or reminders from Expressbuy, may also be visible to other individuals who use the computer after you.
Using Information from Expressbuy
Expressbuy enables you to share personal and financial information to complete transactions and collect payments. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users' contact, shipping and financial information to facilitate your transactions and collect payments. When users are involved in a transaction, they may have access to each other's name, User ID, email address and other contact and shipping information. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.
You agree to use user information only for:
· Expressbuy transaction-related purposes that are not unsolicited commercial messages;
· Using services offered through Expressbuy (such as escrow, shipping, and fraud complaints), or
· Other purposes that a user expressly chooses.
· We use both session and persistent Cookies. Session Cookies expire and no longer have any effect when you log out of your account or close your browser. Persistent Cookies remain on your device until you erase them or they expire
· You are always free to decline Cookies if your browser permits, although doing so may interfere with your use of our websites, applications, and/or services and tools. Refer to the help section of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling Cookies
· We encode and protect our Cookies so that only we can interpret the information stored in them
· You may encounter Cookies from third parties, known as service providers, that we have allowed on our site that assist us with various aspects of our web site operations and services
· You also may encounter Cookies from third parties on certain pages of the websites that we do not control and have not authorized. (For example, if you view a web page created by another user, there may be a cookie placed by that web page)
No Spam, Spyware, or Spoofing
We and our users do not tolerate spam. Make sure to set your Expressbuy communication preferences so we communicate to you as you prefer. You are not licensed to add other Expressbuy users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their express consent. To report Expressbuy related spam or spoof emails to Expressbuy, please forward the email to spam@Expressbuyng.com. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community (via Refer-a-Friend or other tools), we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.
Accessing, Reviewing, and Changing Your Personal Information
Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your Expressbuy password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Expressbuy and change your password.
You can see, review and change most of your personal information by signing on to Expressbuy. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do not retain personal information from closed accounts except to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Expressbuy User Agreement, and take other actions otherwise permitted by law.
How We Protect and Store Your Personal Information
We store and process your personal information on our servers. We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres, and information access authorization controls.
We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. We retain information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted by law.
If any of your questions are not answered online, you may write to us at: 2 Martins Street, off Ojuelegba road, Surulere, Lagos; or contact@Expressbuyng.com.
The following describes the terms on which Expressbuy offers you access to our sites, services, applications, and tools.
You are welcome to Expressbuy. By using Expressbuy (including Expressbuyng.com and its related sites, services, applications, and tools), you agree to the following terms.
Expressbuy Ventures is located on 2 Martins street, off Ojuelegba Road, Surulere, Lagos.
You accept this User Agreement by clicking the Submit button when registering a Expressbuy account; accessing or using Expressbuy's sites, services, applications, and tools; or as otherwise indicated on a specific site, service, application, or tool.
Please be advised: This User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes Sections below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate"). Unless you opt-out: (1) you will only be permitted to pursue claims against Expressbuy on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and
(2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
While using Expressbuy sites, services, applications, and tools, you will not:
· post content or items in inappropriate categories or areas on our sites and services;
· violate any laws, third party rights or our policies;
· use our sites, services, applications, or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, applications, or tools;
· fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot reach the seller;
· fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot reach the buyer;
· manipulate the price of any item or interfere with other users' listings;
· circumvent or manipulate our fee structure, the billing process, or fees owed to Expressbuy;
· post false, inaccurate, misleading, defamatory, or libellous content;
· take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Expressbuy);
· circumvent any Expressbuy policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions;
· transfer by any manner any Expressbuy application or your Expressbuy account (including Feedback) and user ID to another party without our consent;
· distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
· distribute viruses or any other technologies that may harm Expressbuy, or the interests or property of Expressbuy users;
· export or re-export any Expressbuy applications, or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
· copy, modify, or distribute rights or content from the Expressbuy sites, services, applications, or tools or Expressbuy’s copyrights and trademarks;
· commercialize any Expressbuy application or any information or software associated with such application; or
· harvest or otherwise collect information about users, including email addresses, without their consent.
Expressbuy and its community of users (the "Community") work together to keep our sites, services, applications, and tools working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, shill bidding, manipulating Feedback, circumventing temporary or permanent suspensions or harassing our employees or other users). We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue Expressbuy sites, services, applications, or tools.
Buyers and sellers share the responsibility for making sure purchases made on Expressbuy are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Buyers and sellers agree to Expressbuy Buyer Protection Policy with respect to claims made under Expressbuy's Buyer Protection Policy. Expressbuy Buyer Protection covers only claims filed in accordance with the Expressbuy Buyer Protection Policy. Expressbuy Buyer Protection will not cover claims for which the buyer has initiated another form of resolution processing, including credit card charge-backs. We may suspend the Expressbuy Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program.
We require Expressbuy sellers to comply with our Buyer Protection resolution process. Buyers and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer opens with Expressbuy under the Expressbuy Buyer Protection Policy. If we resolve a dispute in the buyer's favour, we will attempt to reimburse the buyer by reversing the funds from the seller's account used in the transaction. If that is not possible, we will refund the buyer up to the full cost of the item (including any applicable sales taxes) and the original shipping, and we will require the seller to reimburse us for the amount due to the buyer. We may place the reimbursement amount on the seller’s invoice and charge the seller’s automatic payment method on file with Expressbuy, if any, for such reimbursement amount. Without limiting the foregoing, sellers may not have to reimburse us for a Expressbuy Buyer Protection claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the Expressbuy Buyer Protection Policy. In addition:
· Sellers must have a reimbursement method on file with Expressbuy and agree to allow us to charge the method they designate for amounts due to buyers. Sellers may change this reimbursement method by contacting Expressbuy and searching for "How to change your reimbursement method."
· Sellers agree to allow us to remove funds from their accounts for amounts due to buyers. Sellers agree to allow us to remove funds from their accounts in currency other than the currency of transaction that is the subject of the claim where they do not have sufficient funds available in that particular currency. Sellers may opt-out of allowing Expressbuy to remove funds from their account for amounts due to buyers by emailing contactus@Expressbuyng.com from their registered Expressbuy email address and stating their user ID and intention to opt out of such reimbursement. However, we reserve the right to continue using seller their accounts for Expressbuy Buyer Protection cases associated with Expressbuy transactions paid for before the change.
· Where there are insufficient funds in their accounts or where Expressbuy is not the reimbursement method of a seller, we will require another reimbursement method.
Changing a reimbursement method will not affect Expressbuy use of a payment method on file for other purposes (such as payment of your Expressbuy fees). If sellers do not provide Expressbuy with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from buying or selling on our sites and using our services, applications, and tools until payment is made.
· Correcting Mistakes in Payments to Buyers or Sellers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the Expressbuy Buyer Protection refund or reimbursement.
To protect against the risk of liability, Expressbuy has at times requested, and may continue to request, that our Banker hold seller funds based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, or the filing of a Expressbuy Buyer Protection claim. Our Banker has held, and will continue to hold, seller funds pursuant to the terms of the Expressbuy User Agreement, Expressbuy policies and any other agreement entered into between Expressbuy and its users.
Many of our sites, services, applications, and tools are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers. If your item is sold to a buyer on a Expressbuy site other than your Expressbuy site of registration, you agree to be subject to that other site's policies and Expressbuy International Selling Policy. You are responsible for complying with all laws and regulations applicable to the sale and shipment of items to international buyers.
Fees and Services
Joining Expressbuy and bidding on listed items is free. We do charge fees for using other services, such as listing items. The fees we charge for using our services are listed on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on www.Expressbuyng.com. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites or in our applications.
Unless otherwise stated, all fees are quoted in the Naira. You are responsible for paying all fees and applicable taxes associated with our sites, services, applications, and tools with a valid payment method by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your bank account balance.) In addition, you will be subject to late fees and we may suspend or restrict you from using our sites, services, applications, and tools until full payment is made. Expressbuy, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Expressbuy reported to a credit bureau or agency please contact us at Expressbuy Ventures; 2 Martins street, off Ojuelegba road, Surulere, Lagos. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Expressbuy account, you must contact the collection agency directly.
Authorization to Contact You; Recording Calls
· To contact you for reasons relating to your account or your use of our sites, services, application or tools (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law
· To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the communications preference section of your My Expressbuy.
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or pre-recorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
When providing us with content or posting content on Expressbuy's sites, services, applications, and tools, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including Expressbuy users). You may use catalogue content solely in connection with your Expressbuy listings during the time your listings are on Expressbuy's sites.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all Expressbuy policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
Disclaimer of Warranties; Limitation of Liability
We try to keep Expressbuy and its sites, services, applications, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, applications, or tools. You further acknowledge that operation of and access to our sites, services, applications, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. Bid updates and other notification functionality in Expressbuy’s applications may not occur in real time. Such functionality is subject to delays including, without limitation, delays, or latency due to your physical location or your wireless data service provider’s network. You agree that you are making use of our sites, services, applications, and tools at your own risk, and that they are being provided to you on an "as is" and "as available" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Expressbuy responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
· Your use of or your inability to use our sites, services and tools;
· Delays or disruptions in our sites, services, applications, or tools;
· Viruses or other malicious software obtained by accessing our sites, services, applications, or tools or any site, services, applications, or tools linked to our sites, services, applications, or tools;
· Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, applications, and tools or in the information and graphics obtained from them;
· Damage to your hardware device(s) or loss of data that results from the use of our sites, services, applications, and tools;
· The content, actions, or inactions of third parties, including items listed using our sites, services, applications, or tools, feedback provided by third parties, or the destruction of allegedly fake items;
· A suspension or other action taken with respect to your account;
· The duration or manner in which your listings appear in search results as set forth in the Listing Conditions Section below;
· Expressbuy decision to end or remove your listing(s);
· Your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies; Expressbuy reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow users to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. Any pricing, shipping or other guidance we provide in our sites, services, applications, or tools is solely informational and you may choose not to follow such guidance at any time. We do not warrant or guarantee that any particular results will be achieved from following guidance we provide (e.g. that your listing will sell, that a particular shipping option is the least expensive, etc.) While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; 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.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Expressbuy Buyer Protection Policy up to the price the item sold for on Expressbuy (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) N20,000.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
Access and Interference
Expressbuy sites contain robot exclusion headers. Information on our sites is subject to constant updates and changes. Much of the information on the sites is also proprietary or is licensed to Expressbuy by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access our sites for any purpose without our express handwritten permission.
Additionally, you agree that you will not:
· take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
· copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without the prior express written permission of Expressbuy and the appropriate third party, as applicable;
· interfere or attempt to interfere with the proper working of our sites, services, applications, or tools, or any activities conducted on or with our sites, services, applications, or tools; or
· bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.
By listing an item on Expressbuy sites, you agree to pay Expressbuy fees, to assume full responsibility for the content of the listing and item offered, and to accept the following listing conditions: When you list an item on Expressbuy sites, your listing will be posted on Expressbuy sites and can be viewed in My Expressbuy. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Expressbuy can't guarantee exact listing durations. Expressbuy duplicate listing policy may also affect whether your listing appears in search results. Expressbuy reserves the right to end your listing for any reason. Where and whether your listing appears in search and browse results may be based on certain factors including, but not limited to, listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in Expressbuy Help Pages.
You are responsible for reading the full item listing, including any instructions the seller provides, before making a bid or commitment to buy. Unless otherwise stated, by making a bid or commitment to buy an item on Expressbuy, you are committing to buy the item from the seller listing the item. If you make a commitment to buy or your bid is the winning bid or is otherwise accepted, you enter into a legally binding contract with the seller and are obligated to purchase the item. For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller.
We do not transfer legal ownership of items from the seller to the buyer. The Sale of Goods Act, LFN 2004, apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.
When any product is put up on ExpressBuy's Auction, a minimum of 100 bids from 100 different customers must be received for each product, before the auctioning of that product can be deemed valid. Where this condition is not met, then the Auction would be deemed void and the winning bid deemed void and not binding on the seller.
You will indemnify and hold us (and our affiliates, subsidiaries and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal' fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Expressbuy sites, services, applications, or tools, and/or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Expressbuy national registered agent (in the case of Expressbuy) or to the email address you have designated on your account (in your case). Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the Registration Address associated with your account, as identified in your My Expressbuy. In such case, notice shall be deemed given three days after the date of mailing.
You and Expressbuy agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Expressbuy User Agreement (hereafter "User Agreement" in this section entitled "Legal Disputes"), your use of or access to Expressbuy sites, services, applications, and tools, or any products or services sold or purchased through Expressbuy sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
A. Applicable Law
You agree that the laws of Lagos State, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Expressbuy, except as otherwise stated in the User Agreement.
B. Agreement to Arbitrate
You and Expressbuy each agree that any and all disputes or claims that have arisen or may arise between you and Expressbuy relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Expressbuy sites, services, applications, and tools, or any products or services sold or purchased through Expressbuy sites, services, applications, or tools shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Lagos State Arbitration Law governs the interpretation and enforcement of this Agreement to Arbitrate.
1. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND Expressbuy AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Expressbuy AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER Expressbuy USERS.
2. Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of the User Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable.
The arbitration will be conducted by the Lagos State Arbitration Court under its rules and procedures.
The arbitration shall be held in Lagos State.
If the value of the relief sought is N20,000 or less, you or Expressbuy may elect to have the arbitration conducted solely on written submissions, which election shall be binding on you and Expressbuy subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant.
The arbitrator will decide the substance of all claims in accordance with the laws of Lagos State, including recognized principles of equity, and will honour all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Expressbuy users, but is bound by rulings in prior arbitrations involving the same Expressbuy user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
3. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the Arbitrator, unless otherwise stated in this Agreement to Arbitrate.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply.
5. Opt-Out Procedure
IF YOU ARE A NEW Expressbuy USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO Expressbuy Ventures at No. 2, Martins street, off Ojuelegba road, Surulere, Lagos.
For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of the Agreement to Arbitrate. You must complete the Opt Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the Expressbuy account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
6. Future Changes to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Expressbuy prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Expressbuy. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on www.Expressbuyng.com at least 30 days before the effective date of the changes and by providing notice through the Expressbuy Message Centre and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the new terms.
Moreover, if we seek to terminate the Agreement to Arbitrate as included in the User Agreement, any such termination shall not be effective until 30 days after the version of the User Agreement not containing the Agreement to Arbitrate is posted to http://www.Expressbuyng.com, and shall not be effective as to any claim that was filed in a legal proceeding against Expressbuy prior to the effective date of termination.
C. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Expressbuy must be resolved exclusively by a state or federal court located in Lagos State. You and Expressbuy agree to submit to the personal jurisdiction of the courts located within Lagos State for the purpose of litigating all such claims or disputes.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Expressbuy sites. When using particular Expressbuy services, applications, or tools, you are subject to any posted policies or rules applicable to services, applications, or tools you use, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.
Expressbuy Ventures is located on 2, Martins Street, off Ojuelegba road, Surulere, Lagos.
Unless stated otherwise in this User Agreement, if any of the provisions in this User Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.Expressbuyng.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Expressbuy Message Centre and/or by email. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a Expressbuy representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
This User Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this User Agreement: Fees and Services, Release, Content, Disclaimer of Warranties; Limitation of Liability, Indemnity, and Legal Disputes.
Where there is a defect for any baby product, we would accept a return and then an exchange for the product.
Where there is a defect, it will be covered by Manufacturer's Defect and so would be returned back to them by us after the customer sends the product back.