General Terms and Conditions of Use of gudimall.com

 

Please read these General Terms and Conditions of Use (hereinafter referred to as “Terms”) carefully before using gudimall.com website (hereinafter referred to as “Gudi Mall”, “we” or the “Service”) operated by Gudi Mall Company Limited (“us”, “we”, or “our”).

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use gudimall.com.

 

If you transact on gudimall.com with supporting logistics and payment infrastructure, for the sale and purchase of consumer products, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with Gudi Mall Company Limited, a company incorporated under Companies and Allied Matters Act, 2004 with head office at Akwa Ibom State, Nigeria and these terms and conditions constitute your binding obligations.

If you use gudimall.com in the course of a business or other organizational project, then by so doing you:

  1. confirm that you have obtained the necessary authority to agree to these general terms and conditions of use;
  2. bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and
  3. agree that “you” in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.

 

1. Registration and Account

1.      You may register for an account on Gudi Mall by completing and submitting the registration form on our My Account page by providing an email address, user ID and password. You can only register and use Gudi Mall if you are at least 18 years of age (being the minimum age requirement for forming legally binding contracts under Nigerian law). By agreeing to these general terms and conditions of use, you warrant and represent to us that:

a.     you are at least 18 years of age;

b.     when you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our website;

c.      you are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service;

d.     you agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2.     Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.

3.      We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, provided that if we cancel any products or services you have paid for but not received, and you have not breached these terms, we will refund you in respect of the same.

4.      You may cancel your Gudi Mall account by contacting us via our contact form.

 

2. Terms and conditions of sale

1.     You acknowledge and agree that:

a.       Gudimall.com is an electronic commerce platform for sellers to sell and buyers to purchase products and services;

b.      a contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly you commit to buying or selling the relevant product or products, upon the buyer’s confirmation of purchase via Gudi Mall.

2.      Subject to these terms, the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:

a.       the price for a product will be as stated in the relevant product listing;

b.      the price for the product must include all taxes and comply with applicable laws in force from time to time;

c.       delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing;

d.      products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer; and

e.       the seller warrants that the seller has good title to, and is the sole legal and beneficial owner of the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings

 

3. Returns and refunds

1.    Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with the returns page on Gudi Mall, as may be amended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of the territory.

2.    Refunds in respect of returned products shall be managed in accordance with the refunds page on Gudi Mall, as may be amended from time to time. Our rules on refunds shall be exercised in our discretion, subject to applicable laws of the territory. We may offer refunds, in our discretion:

a.       in respect of the product price;

b.      local and/or international shipping fees (as stated on the refunds page); and

c.       by way of store credits, wallet refunds, vouchers, mobile money transfer, bank transfers or such other method as we may determine from time to time.

3.      Returned products shall be accepted and refunds issued by Gudi Mall, for and on behalf of the seller.

4.      Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website.

 

4. Payments

You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on Gudi Mall.

 

5. Rules about your content

1.      In these general terms and conditions, “your content” means:

a.       all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us for storage or publication, processing by, or onward transmission; and

b.      all communications on Gudi Mall, including product reviews, feedback and comments.

2.      Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete and truthful.

3.      Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet and must not:

a.       be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;

b.      depict violence in an explicit, graphic or gratuitous manner; or

c.       be blasphemous, in breach of racial or religious hatred or discrimination legislation;

d.      be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;

e.       cause annoyance, inconvenience or needless anxiety to any person; or

f.       constitute spam.

4.      Your content must not be illegal or unlawful, infringe any person’s legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:

a.       any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;

b.      any right of confidence, right of privacy or right under data protection legislation;

c.       any contractual obligation owed to any person; or

d.      any court order

5.      You must not use Gudi Mall to link to any website or web page consisting of or containing material that would, were if posted on Gudi Mall, breach the provisions of these general terms and conditions.

6.      You must not submit to Gudi Mall any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

7.      The review function on Gudi Mall may be used to facilitate buyer reviews on products. You shall not use the review function for any other form of communication to provide inaccurate, inauthentic or fake reviews.

8.      You must not interfere with a transaction by:

a.       contacting another user to buy or sell an item listed on Gudi Mall outside of Gudi Mall; or

b.      communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item; or

c.       contacting another user with the intent to collect any payments.

9.      You acknowledge that all users of Gudi Mall are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.

10.  We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.

11.  If you learn of any unlawful material or activity on Gudi Mall, or any material or activity that breaches these general terms and conditions, you may inform us by contacting us as provided on our contact page.

 

6. Our rights to use your content

1.      You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.

2.      You grant to us the right to sub-license the rights licensed under section 7(1).

3.      You grant to us the right to bring an action for infringement of the rights licensed under section 7(1)

4.      You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law

5.      Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of your content.

 

7. Use of website

1.      In this section, the words “Gudi Mall” and “website” shall be used interchangeably to refer to Gudi Mall’s websites (gudimall.com).

2.      You may:

a.       view pages from our website in a web browser;

b.      download pages from our website for caching in a web browser;

c.       print pages from our website for your own personal and non-commercial use, provided that such printing is not systematic or excessive;

d.      stream audio and video files from our website using the media player on our website; and

e.       use Gudi Mall’s services by means of a web browser, subject to the other provisions of these general terms and conditions.

3.      Except as expressly permitted by section 8(2) or the other provisions of these general terms and conditions, you must not download any material from our website or save any such material to your computer

4.      You may only use our website for your own personal and business purposes in respect of selling or purchasing products on Gudi Mall

5.      Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.

6.      Unless you own or control the relevant rights in the material, you must not:

a.       republish material from our website (including republication on another website);

b.      sell, rent or sub-license material from our website;

c.       show any material from our website in public;

d.      exploit material from our website for a commercial purpose; or

e.       redistribute material from our website.

7.   Notwithstanding section 8(6), you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.

8.   We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

9.      You must not:

a.    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

b.    use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

c.       hack or otherwise tamper with our website;

d.      probe, scan or test the vulnerability of our website without our permission;

e.       circumvent any authentication or security systems or processes on or relating to our website;

f.      use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

g.      impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

h.      decrypt or decipher any communications sent by or to our website without our permission;

i.   conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

j.        access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

k.      use our website except by means of our public interfaces;

l.        violate the directives set out in the robots.txt file for our website;

m.    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

n.      do anything that interferes with the normal use of our website.

 

8. Data Privacy

1.      Buyers agree to processing of their personal data in accordance with the terms of our Privacy Policy and Cookie Notice

2.     Gudi Mall shall process all personal data obtained through Gudi Mall and related services in accordance with the terms of our Privacy Policy and Cookie Notice.

3.      Sellers shall be directly responsible to buyers for any misuse of their personal data and Gudi Mall shall bear no liability to buyers in respect of any misuse by sellers of their personal data.

 

9. Gudi Mall’s role as a Marketplace

1.      You acknowledge that:

a.       we do not confirm the identity of all Gudi Mall users, check their credit worthiness or bona fides, or otherwise vet them;

b.      we do not check, audit or monitor all information contained in listings;

c.       we are not party to any contract for the sale or purchase of products advertised on Gudi Mall;

d.      we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate Gudi Mall for buyers and sellers and process payments on behalf of sellers;

e.       we are not the agents for any buyer or seller

and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on Gudi Mall; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

2.      We do not warrant or represent:

a.       the completeness or accuracy of the information published on Gudi Mall;

b.      that the material on Gudi Mall is up to date;

c.       that Gudi Mall will operate without fault; or

d.      that Gudi Mall or any service on Gudi Mall will remain available.

3.      We reserve the right to discontinue or alter any or all of Gudi Mall’s services, and to stop publishing on Gudi Mall, at any time in our sole discretion without notice or explanation.

4.      We do not guarantee any commercial results concerning the use of Gudi Mall.

5.      To the maximum extent permitted by applicable law and subject to section 11(1) below, we exclude all representations and warranties relating to the subject matter of these general terms and conditions of use and the use of Gudi Mall.

 

10. Limitations and exclusions of liability

1.      Nothing in these general terms and conditions will:

a.       limit any liabilities in any way that is not permitted under applicable law; or

b.      exclude any liabilities or statutory rights that may not be excluded under applicable law.

2.      The limitations and exclusions of liability set out in this section 11 and elsewhere in these general terms and conditions:

a.       are subject to section 11(1); and

b.      govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions.

3.      In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.

4.      Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on Gudi Mall shall constitute a separate contract for the purpose of this section 11(4).

5.      Notwithstanding section 11(4) above, we will not be liable to you for any loss or damage of any nature, including in respect of:

a.       any losses occasioned by any interruption or dysfunction to the website;

b.      any losses arising out of any event or events beyond our reasonable control;

c.       any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;

d.      any loss or corruption of any data, database or software; or

e.       any special, indirect or consequential loss or damage.

6.      We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with Gudi Mall or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

7.     Gudi Mall includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them

 

11. Indemnification

1.      You hereby indemnify us, and undertake to keep us indemnified, against:

a.       any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of Gudi Mall or any breach by you of any provision of these general terms and conditions of use or Gudi Mall codes, policies or guidelines; and

b.      any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through Gudi Mall, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.

 

12. Breaches of these general terms and conditions

1.      If we permit the registration of an account on Gudi Mall it will remain open indefinitely, subject to these terms.

2.      If you breach these general terms and conditions of use, or if we reasonably suspect that you have breached these general terms and conditions or any Gudi Mall codes, policies or guidelines in any way we may:

a.       temporarily suspend your access to Gudi Mall;

b.      permanently prohibit you from accessing Gudi Mall;

c.       block computers using your IP address from accessing Gudi Mall;

d.      contact any or all of your internet service providers and request that they block your access to Gudi Mall;

e.       suspend or delete your account on Gudi Mall; and/or

f.       commence legal action against you, whether for breach of contract or otherwise.

3.      Where we suspend, prohibit or block your access to Gudi Mall or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

 

13. Links to other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Gudi Mall

Gudi Mall has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

14. Entire Agreement

These general terms and conditions of use and Gudi Mall codes, policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of Gudi Mall and shall supersede all previous agreements between you and us in relation to your use of Gudi Mall.

 

15. Hierarchy

Should these general terms and conditions of use, the seller terms and conditions, and Gudi Mall codes, policies, notices and guidelines be in conflict, these terms and conditions of use, the seller terms and conditions and Gudi Mall codes, policies, notices and guidelines shall prevail in the order here stated.

 

16. Revision and Variation

We reserve the right, at our sole discretion, to modify or replace these Terms and Condition of Use, the seller terms and conditions, Gudi Mall codes, policies, notices and guidelines at any time. The revised terms, codes, policies, notices and guidelines shall take effect from the date of publication on the website.

What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

17. Severability

1.      If a provision of these general terms and conditions of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

2.      If any unlawful and/or unenforceable provision of these general terms and conditions of use would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

18. Assignment

1.      You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions of use.

2.      You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions of use.

 

19. Third party rights

1.      A contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

2.      The exercise of the parties’ rights under a contract under these general terms and conditions is not subject to the consent of any third party.

 

20. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance

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21. Applicable Law and Jurisdiction

This general terms and conditions shall be governed by and interpreted and construed in accordance with the laws of The Federal Republic of Nigeria without regard to its conflict of law provisions. The place of jurisdiction for any dispute arising relating to these general terms and conditions shall be exclusively in Akwa Ibom State, Nigeria.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

22. Our company details

Gudimall.com is operated by Gudi Mall Company Limited. We are registered in Nigeria under registration number RC ****, and our head office is at 18 Udofia Street, Eket, Akwa Ibom State. You can contact us by using our contact form.

 

23. Contact Us

 

If you have any questions about these Terms, please contact us.