This Agreement is entered into between Emjay.com.ng (“Emjay”, “we”, “our”, or “us”) and the users (“you”, “your”, or “user”) of Emjay.com.ng, an ecommerce website (the “Site”). By accessing or using the Site, you agree to be bound by the terms and conditions set forth in this Agreement.
- General Terms
1.1. Purpose: Emjay.com.ng is an ecommerce platform that allows users to purchase goods and services online. These terms and conditions govern your use of the Site and constitute a binding agreement between you and Emjay.com.ng.
1.2. User Conduct: You agree to use the Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Site:
a) in any way that violates any applicable federal, state, local, or international law or regulation; b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; c) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; d) to impersonate or attempt to impersonate Emjay.com.ng, a Emjay.com.ng employee, another user, or any other person or entity; e) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Emjay.com.ng, may harm Emjay.com.ng or users of the Site or expose them to liability.
1.3. Third-Party Content: The Site may contain links to third-party websites or resources. You acknowledge and agree that Emjay.com.ng is not responsible or liable for:
a) the availability or accuracy of such websites or resources; b) the content, products, or services on or available from such websites or resources; or c) any damages or losses arising from or relating to such websites or resources.
1.4. Modification: Emjay.com.ng reserves the right to modify or terminate the Site, or any part thereof, at any time without notice. Emjay.com.ng may also modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement on the Site. You agree to review this Agreement periodically to be aware of any modifications. Your continued use of the Site after such modifications shall constitute your acceptance of the modified Agreement.
1.5. Eligibility: You must be at least 18 years old to use the Site. By using the Site, you represent and warrant that you are at least 18 years old.
1.6. Equipment and Internet Access: You are solely responsible for any equipment, software, internet access, and other costs associated with using the Site.
- User Accounts
2.1. Account Registration: To access certain features or make purchases on the Site, you may be required to create an account. You agree to provide accurate and complete information when creating an account, and to keep your account information updated.
2.2. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You agree not to share your account credentials with others or use another user’s account without permission.
2.3. Account Termination: Emjay.com.ng reserves the right to terminate or suspend your account at any time and without notice for any reason, including, without limitation, violation of this Agreement.
2.4. Account Deletion: You may request to delete your account at any time by contacting Emjay.com.ng customer support. Upon account deletion, all your personal information and data associated with your account will be permanently deleted from Emjay.com.ng’s systems. However, Emjay.com.ng may retain certain information as required by law or for legitimate business purposes, such as order history and transaction records.
2.5. Account Responsibility: You are solely responsible for any activity that occurs under your account, including but not limited to purchases made using your account. Emjay.com.ng shall not be liable for any unauthorized use of your account or any damages or losses arising from such unauthorized use.
- Product Listings and Purchases
3.1. Product Listings: Emjay.com.ng strives to provide accurate and up-to-date product listings on the Site. However, Emjay.com.ng does not warrant or guarantee the accuracy, completeness, or reliability of any product listings on the Site. Product descriptions, prices, availability, and other information may change without notice, and Emjay.com.ng reserves the right to modify or discontinue any product at any time.
3.2. Purchase Agreement: By placing an order on the Site, you are making an offer to purchase the products or services in your order. Your order is subject to acceptance by Emjay.com.ng, and Emjay.com.ng may accept or reject your order in its sole discretion. Emjay.com.ng reserves the right to limit the quantity of products or services that may be purchased by a user or to refuse any order.
3.3. Pricing and Payment: Prices listed on the Site are in the local currency and are exclusive of applicable taxes, shipping fees, and other charges, unless otherwise stated. You are responsible for paying all applicable taxes, shipping fees, and other charges associated with your purchase. Emjay.com.ng accepts various payment methods, and you agree to provide accurate and complete payment information when making a purchase. Emjay.com.ng reserves the right to change prices and payment methods at any time without notice.
3.4. Shipping and Delivery: Emjay.com.ng will make reasonable efforts to process and ship your order within the specified timeframe, but does not guarantee delivery dates. Risk of loss and title for products pass to you upon delivery to the carrier. You are responsible for providing accurate shipping information, and Emjay.com.ng shall not be liable for any delays or losses resulting from incorrect or incomplete shipping information provided by you.
3.5. Returns and Refunds: Emjay.com.ng’s return and refund policy may vary depending on the product or service purchased. You are responsible for reviewing and complying with the applicable return and refund policy. Emjay.com.ng may, at its sole discretion, accept or reject returns or refund requests. In case of a refund, the refund amount may be credited to your original payment method or provided in the form of store credit, as determined by Emjay.com.ng.
3.6. Product Descriptions and Images: Product images on the Site are for illustrative purposes only and may not accurately represent the actual product. Product descriptions and specifications are provided by the manufacturers or suppliers, and Emjay.com.ng does not warrant or guarantee the accuracy, completeness, or reliability of such information. You are solely responsible for verifying the accuracy of product descriptions and specifications before making a purchase.
- User Content
4.1. User Content: Emjay.com.ng may allow users to submit or post content, such as reviews, comments, feedback, or other information (“User Content”) on the Site. You represent and warrant that any User Content you submit or post on the Site does not violate any applicable law, infringe any intellectual property rights, or contain any offensive, defamatory, or unlawful content.
4.2. License to User Content: By submitting or posting User Content on the Site, you grant Emjay.com.ng a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media or format, now known or hereafter developed, for any purpose related to the operation of Emjay.com.ng’s business, including but not limited to promoting, marketing, and improving Emjay.com.ng’s products and services.
4.3. User Content Guidelines: You agree to comply with Emjay.com.ng’s guidelines for User Content, which may be provided on the Site or communicated to you by Emjay.com.ng. Emjay.com.ng reserves the right, in its sole discretion, to remove, modify, or refuse any User Content that violates these guidelines or for any other reason, without notice or liability to you.
4.4. Intellectual Property: Emjay.com.ng respects the intellectual property rights of others and expects users to do the same. You may not submit or post User Content that infringes or violates the intellectual property rights of any third party. You are solely responsible for ensuring that any User Content you submit or post does not infringe or violate the intellectual property rights of any third party.
4.5. Feedback: Emjay.com.ng welcomes feedback from users regarding its products and services. If you provide any feedback, suggestions, ideas, or comments to Emjay.com.ng, you grant Emjay.com.ng a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such feedback for any purpose, without any obligation to compensate you or provide attribution.
- Intellectual Property
5.1. Ownership: Emjay.com.ng owns all intellectual property rights, including but not limited to copyrights, trademarks, trade names, logos, and patents, in and to the Site and its contents, unless otherwise indicated. The Site and its contents are protected by applicable intellectual property laws, including but not limited to copyright laws and international treaties.
5.2. Limited License: Emjay.com.ng grants you a limited, non-exclusive, non-transferable, revocable, and personal license to access and use the Site for your personal and non-commercial use only, subject to these Terms of Service. You may not reproduce, modify, adapt, distribute, display, perform, transmit, or otherwise use the Site or its contents, except as expressly permitted by these Terms of Service or with Emjay.com.ng’s prior written consent.
5.3. Trademarks: Emjay.com.ng’s trademarks, trade names, logos, and service marks (collectively referred to as “Trademarks”) are the exclusive property of Emjay.com.ng. You may not use Emjay.com.ng’s Trademarks without Emjay.com.ng’s prior written consent.
- Third-Party Links and Services
6.1. Third-Party Links: The Site may contain links to third-party websites or services that are not owned or controlled by Emjay.com.ng. Emjay.com.ng does not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that your access and use of such third-party websites or services are at your own risk and subject to the terms and conditions of those websites or services.
6.2. Third-Party Services: Emjay.com.ng may offer or integrate third-party services, such as payment processors, shipping providers, or social media platforms, on the Site. Your use of such third-party services may be subject to additional terms and conditions, and you are solely responsible for reviewing and complying with such terms and conditions. Emjay.com.ng does not endorse or assume any responsibility for any third-party services, and your use of such services is at your own risk.
6.3. Third-Party Products: The Site may display or promote third-party products or services, including but not limited to advertisements, sponsored content, or affiliate links. Emjay.com.ng does not endorse or assume any responsibility for the quality, safety, accuracy, or legality of such third-party products or services. You acknowledge and agree that any transactions or interactions with third-party products or services are solely between you and the third-party provider, and Emjay.com.ng shall not be liable for any damages or losses arising from such transactions or interactions.
- Disclaimers and Limitation of Liability
7.1. Disclaimers: THE SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMJAY.COM.NG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. EMJAY.COM.NG DOES NOT WARRANT THAT THE SITE OR ITS CONTENTS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EMJAY.COM.NG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE SITE OR ITS CONTENTS IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS, OMISSIONS, AND INACCURACIES IN THE SITE AND ITS CONTENTS.
7.2. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMJAY.COM.NG BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SITE OR ITS CONTENTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF EMJAY.COM.NG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EMJAY.COM.NG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO EMJAY.COM.NG FOR THE USE OF THE SITE DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
7.3. Indemnification: You agree to indemnify, defend, and hold harmless Emjay.com.ng and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses, including but not limited to attorneys’ fees, arising out of or in connection with your access or use of the Site, your User Content, your violation of these Terms of Service, or your violation of any rights of any third party.
- Dispute Resolution
8.1. Governing Law: These Terms of Service shall be governed by and construed in accordance with the laws of Nigeria, without regard to its conflicts of law provisions.
8.2. Arbitration: Any dispute, controversy, or claim arising out of or in connection with these Terms of Service or your access or use of the Site, including but not limited to any claim related to the validity or enforceability of these Terms of Service, shall be resolved by arbitration in accordance with the Nigerian Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria 2004, as amended (“Arbitration Act”). The arbitration shall be conducted in Lagos, Nigeria, by a single arbitrator appointed in accordance with the Arbitration Act. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding upon the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
8.3. Class Action Waiver: You and Emjay.com.ng agree that any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. You and Emjay.com.ng further agree that you and Emjay.com.ng shall not be parties to any class, consolidated, or representative action.
- Termination
9.1. Termination by Emjay.com.ng: Emjay.com.ng reserves the right to terminate or suspend your access to and use of the Site, at its sole discretion and without prior notice, for any reason, including but not limited to your violation of these Terms of Service or any applicable laws or regulations.
9.2. Termination by You: You may terminate your account and your use of the Site at any time by sending a written notice to Emjay.com.ng or by closing your account through the Site’s account settings.
9.3. Consequences of Termination: Upon termination of your account, your right to access and use the Site will immediately cease. Any provisions of these Terms of Service that by their nature should survive termination, including but not limited to Sections 2 (Account Creation and Use), 3 (Intellectual Property Rights), 4 (User Content), 5 (Third-Party Content and Services), 6 (Links to Third-Party Websites), 7 (Disclaimers and Limitation of Liability), 8 (Dispute Resolution), 10 (General Provisions), and this Section 9 (Termination), shall survive termination.
- General Provisions
10.1. Entire Agreement: These Terms of Service, together with the Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and Emjay.com.ng with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Site.
10.2. Waiver and Severability: The failure of Emjay.com.ng to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms of Service, and the remaining provisions shall continue in full force and effect.
10.3. Assignment: These Terms of Service are personal to you and may not be assigned or transferred by you without the prior written consent of Emjay.com.ng. Emjay.com.ng may assign or transfer these Terms of Service, in whole or in part, without restriction.
10.4. Relationship: Nothing in these Terms of Service shall create or be deemed to create a partnership, joint venture, agency, or employment relationship between you and Emjay.com.ng. You agree that you have no authority to bind Emjay.com.ng in any way, and you undertake not to hold yourself out as having such authority.
10.5. Notices: Any notices or other communications required or permitted to be given under these Terms of Service shall be in writing and shall be deemed given and received (a) if delivered by hand, on the date
of delivery; (b) if sent by registered or certified mail, return receipt requested, on the date shown on the receipt or, if delivered on a non-business day, on the next business day; or (c) if sent by email, on the date of transmission, provided that the sender does not receive a delivery failure notice.
10.6. Governing Law: These Terms of Service shall be governed by and construed in accordance with the laws of Nigeria, without regard to its conflicts of laws principles.
10.7. Jurisdiction: Any legal action or proceeding arising out of or relating to these Terms of Service or the use of the Site shall be brought exclusively in the courts located in Lagos, Nigeria, and you and Emjay.com.ng hereby irrevocably consent to the personal jurisdiction and venue of such courts.
10.8. Force Majeure: Emjay.com.ng shall not be liable for any failure or delay in the performance of its obligations under these Terms of Service, including but not limited to the provision of the Site or the delivery of products, to the extent such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, government actions, or internet disruptions.
10.9. Language: The official language of these Terms of Service shall be English. Any translation of these Terms of Service into any other language is for convenience only and shall not be considered binding.
10.10. Survival: Any provisions of these Terms of Service that by their nature should survive termination or expiration, including but not limited to Sections 3 (Intellectual Property Rights), 4 (User Content), 5 (Third-Party Content and Services), 6 (Links to Third-Party Websites), 7 (Disclaimers and Limitation of Liability), 8 (Dispute Resolution), 9 (Termination), and 10 (General Provisions), shall survive termination or expiration.
10.11. Changes to Terms of Service: Emjay.com.ng reserves the right to modify or update these Terms of Service at any time, in its sole discretion, by posting the revised Terms of Service on the Site or by providing notice to you by email or through the Site. Your continued use of the Site after any such modification or update constitutes your acceptance of the revised Terms of Service.
10.12. Entire Agreement: These Terms of Service, together with the Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and Emjay.com.ng with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Site.
10.13. Contact Information: If you have any questions or concerns about these Terms of Service or the Site, please contact Emjay.com.ng at [contact information].
Thank you for reading and accepting these comprehensive Terms of Service. We hope you enjoy your experience on Emjay.com.ng!
