This document is an electronic record in terms of National Information Technology Development Agency Act, 2020 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the National Information Technology Development Agency Act, 2020. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Your use of the AzaBazaar website www.azabazaar.org (hereinafter referred to as "AzaBazaar.") and services and tools are governed by the following terms and conditions as applicable to AzaBazaar. If you transact on AzaBazaar, 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 AzaBazaar  International Service, a company incorporated under Companies and Allied Matters Act, 2020 with registered office at Isiokolo Round About, Along Opare Road, Isiokolo, Delta, Nigeria and these terms and conditions constitute your binding obligations.

For the purpose of these terms of use, wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as a Registered User.

When you use any of the services provided by AzaBazaar, including but not limited to Product and Service Discovery, Purchases and Customer Reviews; you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. AzaBazaar reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, AzaBazaar grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING

Your Account and Registration Obligations

If you use AzaBazaar, you shall be responsible for maintaining the confidentiality of your User ID, Personal Identification Number (PIN), Password and any other access credential set as may be required and you shall be responsible for all activities that occur under your access credentials. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete that AzaBazaar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, byce with the Terms of Use,  AzaBazaar has the right to indefinitely suspend or terminate or block access of your membership with AzaBazaar and refuse to provide you with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to AzaBazaar, You agree and understand that You are communicating with AzaBazaar through electronic records and You consent to receive communications via electronic records from AzaBazaar periodically. AzaBazaar may communicate with You by email or by such other mode of communication, electronic or otherwise.

Charges

Membership zaBazaar is free. AzaBazaar does not charge any fee for browsing and purchases on AzaBazaar. However AzaBazaar reserves the right to charge a fee and change its policies from time to time. In particular, AzaBazaar may at its sole discretion introduce new services and modify some or all of the existing services offered on AzaBazaar. In such an event AzaBazaar reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on AzaBazaar. Unless otherwise stated, all fees shall be quoted in Nigerian Naira. You shall be solely responsible for compliance of all applicable laws including those in Nigeria for making payments to AzaBazaar.

Membership Eligibility

Use of the AzaBazaar Website is available only to persons who can form legally binding contracts under Nigerian governing laws. If you are a minor i.e. under the age of 18 years, you shall not register as a member of AzaBazaar and shall not transact or use AzaBazaar website. As a minor if you wish to use or transact on AzaBazaar, such use or transaction may be made by your legal guardian or parents who have registered as users of AzaBazaar. AzaBazaar reserves the right to terminate your membership and refuse to provide you with access to AzaBazaar if it is brought to AzaBazaar’s notice or if it is discovered that you are under the age of 18 years.

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on AzaBazaar is owned, controlled or licensed by or to AzaBazaar, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of AzaBazaar and no Content may be copied, reproduced, re-published, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without AzaBazaar’s express prior written consent.

You may use information on AzaBazaar products and services purposely made available by AzaBazaar for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, "Content"). Such Content will become the property of AzaBazaar and you grant AzaBazaar the worldwide, perpetual and transferable rights in such Content. AzaBazaar shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by AzaBazaar, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

Other Businesses

AzaBazaar does not take responsibility or liability for the actions, products, content and services on AzaBazaar website, which are linked to Affiliates and / or third party websites using AzaBazaar APIs or otherwise. In addition, AzaBazaar may provide links to the third party websites of affiliated companies and certain other businesses for which, AzaBazaar assumes no responsibility for examining or evaluating the products and services offered by them, and AzaBazaar does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). AzaBazaar does not in any way endorse any third party website(s) or content thereof

Links

AzaBazaar welcomes links to this site. You may establish a hypertext link to AzaBazaar website, provided that the link does not state or imply any sponsorship or endorsement of your site by AzaBazaar. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on AzaBazaar, including any logos or characters, without the express written consent of AzaBazaar and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the AzaBazaar website without AzaBazaar’s prior written consent.

Mandatory Declaration – Computers

1.   You hereby declare that you have provided all necessary Legal Delivery Details for the shipment of the product to the destination specified by you in the Order.
   2.   You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.  

Disclaimer Of Warranties And Liability

This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Konga.com on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, AzaBazaar does not warrant that:
•  This website will be constantly available, or available at all; or
•  The information on this website is complete, true, accurate or non-misleading.

AzaBazaar will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, AzaBazaar website.

AzaBazaar does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through AzaBazaar website; their servers; or electronic communication sent from AzaBazaar are free of viruses or other harmful components.

Nothing on AzaBazaar constitutes, or is meant to constitute, advice of any kind.

All the products sold on AzaBazaar are governed by different state laws and if AzaBazaar is unable to deliver such products due to implications of different state laws, AzaBazaar will return or will give credit for the amount received by AzaBazaar from the sale of such product, that could not be delivered to you.

You will be required to enter a valid phone number while placing an order on AzaBazaar. By registering your phone number with us, you consent to be contacted by AzaBazaar via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. AzaBazaar will not use your personal information to initiate any promotional phone calls or SMS'.

Services

• Payment

While availing any of the payment method/s offered at AzaBazaar, AzaBazaar will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
1.    Lack of authorization for any transaction/s, or
2.    Exceeding the preset limit mutually agreed by you and between your "Bank/s", or
3.    Any payment issues arising out of the transaction, or
All payments made against the purchases/services on AzaBazaar by you shall be compulsorily in Nigerian Naira acceptable by the Central Bank of Nigeria. AzaBazaar does not accept any other form of currency with respect to the purchases made on AzaBazaar.

• Wallet 
• The Wallet ("Wallet") is a pre-paid payment instrument which is associated with your AzaBazaar account. You can maintain a balance of money with AzaBazaar and Cashout it at your convenience.
  1. AzaBazaar will not pay any interest on the amount maintained by you in your Wallet.
  2. Refill of Wallet: Your Wallet can be refilled, using any of the pre-paid payment options only. You will be able to recharge your Wallet up to an amount of N1,000,000 in one instance. There is no need to maintain a minimum balance.
  3. Refund of Wallet Amount: Your wallet comprises of three types of balances - Store credit (which is a credit granted by AzaBazaar typically in lieu of a cancelled order), Topped-up balance (which is a prepaid amount that you added to wallet to pay for future orders on AzaBazaar) and Promotional balance (which is credit granted by AzaBazaar purely for promotional or goodwill purposes). Topped-up balance (prepaid amount) as well as the Promotional balance added to the Wallet will be non-refundable While Store credit will continue to be entirely refundable.
  4. Limitation of Liability: In no event will AzaBazaar be liable for any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of Wallet or association with the Wallet.
  

• Breach

  Without limiting other remedies, AzaBazaar may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to AzaBazaar website in the event, but not limited to:
  
  1.    If you breach the Terms of Use or Privacy Policy or other rules and  policies, if any;
  2.    If AzaBazaar is unable to verify or authenticate any information you provide; or
  3.    If it is believed that your actions may cause legal liability for you, other Users or AzaBazaar. AzaBazaar may at any time at its sole discretion reinstate suspended users.
  A User that has been suspended or blocked may not register or attempt to register with AzaBazaar or use AzaBazaar Website in any manner whatsoever until such time that such User is reinstated by AzaBazaar. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other ruler and policies, AzaBazaar reserves the right to recover any amounts due and owing by you to AzaBazaar and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

• Indemnity

You shall indemnify and hold harmless AzaBazaar its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including attorneys' fees, made by you or any third party or penalty imposed due to or arising out of your use of the goods or services, or in the event you breach this Terms of Use, the Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party on AzaBazaar

• Applicable Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of The Federal Republic of Nigeria. The place of jurisdiction shall be exclusively in Lagos, Nigeria.

• Jurisdictional Issues/Sale in Nigeria Only

Unless otherwise specified, the material on AzaBazaar is presented solely for the purpose of sale in Nigeria. AzaBazaar makes no representation that materials in AzaBazaar are appropriate or available for use in other locations/Countries other than Nigeria. Those who choose to access this site from other locations/Countries other than NIgeria do so on their own initiative and AzaBazaar is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than Nigeria, compliance with local laws, if and to the extent local laws are applicable.

• Trademark, Copyright and Restriction

This site is controlled and operated by AzaBazaar. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on AzaBazaar web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

• Copyright complaint

We at AzaBazaar respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at contact@azabazaar.org.

• Risk of loss

All items purchased from AzaBazaar are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with AzaBazaar until the item is transferred to You. In the event that the items are damaged after receipt, the risk falls on the validated consignee, recipient or Customer.

• Product and Service Description

AzaBazaar tries to be as accurate as possible. However, AzaBazaar does not warrant that product or service description or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered on Konga.com itself is not as described, your sole remedy is to return it in unused condition.

• Pricing/Typographical error

If AzaBazaar comes across any difference in pricing resulting from typographic errors with regards to pricing or product information, AzaBazaar shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.

• Cancellation of order

AzaBazaar reserves the right to cancel any order without any explanation for doing so, under situation where AzaBazaar is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the AzaBazaar policy or for any reason. However, AzaBazaar will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.

• Termination of Service

AzaBazaar reserves the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our goods and services with or without prior communications .You hereby consent that AzaBazaar will under no circumstance be liable to you or any third party for any modification or discontinuance of availability of goods or services on the website.

• Limitation of Liability

IN NO EVENT SHALL AzaBazaar BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF AzaBazaar HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
AzaBazaar’s AGGREGATE LIABILITY TO YOU, ANY INDIVIDUAL OR ANY THIRD PARTY IN ANY MATTER ARISING HEREFROM, RELATED OR CONNECTED TO OUR GOODS AND SERVCES IS AT AzaBazaar’s SOLE DISCRETION.