Terms and Conditions

This Agreement was last modified on 18 February 2016.

TERMS AND CONDITIONS

www.KITARA.NG  is an online marketplace owned and operated by KITARA.NG  Limited. Our online trading address is www.KITARA.NG  (website). For the purpose of this website and its terms and conditions of use, (the “Company”; ‘’website’’; ‘’site’’ “we”; “us”; ‘’our’’) refers to www.KITARA.NG . Wherever the context so requires, “You” ; “User” ; ‘’Customer’’ and/or ‘’buyer’’ shall mean any natural or legal person who uses the website and has further agreed to become a buyer on the Website by providing registration information while registering on the website as Registered User using the computer systems.  By using our website (“you”; ‘’user’’; ‘’Customer’’, ‘‘buyer’’)  accepts these terms and conditions in full. Accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must discontinue the use our website and online services without delay, as further use will mean that you have accepted these terms and conditions and agree to these terms and conditions.

  1. USE OF SITE

Minors or people below 18 years old are not allowed to use this website. If you are below 18 years of age, you confirm that you are using this site under the supervision of your parent or legal guardian.

“Online services” means the www.KITARA.NG  website and any other services offered by www.KITARA.NG  through electronic means, including but not limited to electronic platforms, online portals, and interactive customer websites, and shall include the content and information provided or exchanged as part of such services.

For the purpose of this website and its terms of use, “You”; ‘’user’’ and/or ‘’buyer’  ‘‘buyer’’ shall mean the person or entity who logged into our online shop/ website using the relevant user name and password created by you, or any person or entity who can reasonably be associated with the relevant user name and password on the company’s online shop and/or website, or any person or entity who receives, or expects to receive, any goods or services from the Company, or any persons or entities residing at the physical address or e-mail address implied during the course of any correspondence with the Company.

“The Company Systems” shall mean all processes or means (regardless of whether they are electronically automated, manually enabled or provided by any third parties), that are used by the Company to capture information, provide information to the Customer or third parties, deliver goods, process payments, keep records, or ensure continuity of the services or products offered by the Company.

“The Website” shall mean the Internet website accessible using the Internet URL www.KITARA.NG

“The Supplier”; ‘’seller’’; ‘’Vendor’’ shall mean any third party entity or organization whose goods or services are offered by the Company for sale to the Customer.

“The Delivery Address” shall mean information supplied by the Customer that is used by the Company to describe the physical location where the Goods should be delivered to in fulfilment of this agreement.

  1. YOUR CONTENT

In this Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying your content, you grant KITARA.NG  a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your content must be your own and must not be invading any third-party’s rights. We reserve the right to remove any of your content from this Website at any time without notice.

We reserve the right to change, modify, add or remove portions of these Terms and conditions of Use, at any time without any prior written notice to you. You are solely responsible to review these Terms and Conditions of use periodically for  any updates  and/or changes. Your continued use of the website at anytime following the posting of  any updates, modifications, and changes will mean that you accept and agree to the revisions. As long as you comply with these Terms and conditions of use,  KITARA.NG  grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Any violation of these Terms and Conditions of Use shall result in the immediate revocation of the license of use granted to you without prior notice to you, we reserve the right to deny you access to the website and its contents and do so without prejudice to any available remedies at law or otherwise. Furthermore, KITARA.NG  reserves the right to prosecute users found to be in violation of these terms and conditions of use and civil damages shall be claimed in the event that the Company suffers any damage or loss.

The user agrees and warrants that all information provided by the user in the process of creating a free account with us for the purpose of subscribing to or utilizing the features and/or services only available to registered users is accurate and current and shall promptly update same in the event of any change

The user agrees and warrants that its user name and password shall:

  1. be used for personal use only; and
  2. not be disclosed to any third party and the customer is fully liable of every breach of these terms and conditions of use occurring under the registration details created by the customer.

The Customer allows the Company to take all reasonable steps to ensure the integrity and security of the Website and back-office applications

KITARA.NG  shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to protect your access details on KITARA.NG .

During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

  1. WARRANTIES AND OTHER INFORMATION AVAILABLE ON THE WEBSITE

www.KITARA.NG  does not offer any warranty whatsoever on any goods sold. Information available on this website is intended for information purposes only. All submissions, information or opinions expressed on this website are those of the individual and/or vendor posting such content. Such information may not reflect our opinions and is subject to change without notice. All goods are provided with the supplier or manufacturer’s warranty only (if any and if applicable). Product representations expressed on KITARA.NG  are those of the vendor/supplier and should not be misconstrued as our representations as to the merchantability and/or suitability of any products or service listed on our website.

We hereby disclaim all warranties, whether express or implied, as to the merchantability and/or suitability of the products listed on our website for any particular purpose. We shall not be held responsible or made liable for any damages or injury which may arise as a result of any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure and defect in the information, content, materials, software or other services included on or otherwise made available through our Website.  In the event that the customer believes that the goods may be defective and qualify for a claim against the supplier or manufacturer’s warranty as the case may be, the customer shall deal directly with the particular supplier that supplied the goods. Notwithstanding, buyers should please note that it is general practice that guarantees are immediately null and void if equipment has been tampered with, warranty stickers have been removed, and seals on equipment have been broken by anyone other than the suppliers or manufacturer’s representative.

We take all reasonable steps to  ensure accessibility to the website at all times. However we make no guarantees as to its uninterrupted accessibility or availability. We reserve the right to terminate the website at any time and without notice. You agree that service interruption may occur in order to provide for website improvements, scheduled maintenance or also due to other factors beyond our control. 

  1. AVAILABILITY OF STOCK

Stocks of all goods are limited and the Company shall take all reasonable steps to discontinue to offer those goods of which stock is no longer available. However, should items still be offered after stocks are sold, the Company shall only be liable to refund the exact monies paid by the buyer where it is unable to fulfil orders at advertised prices.  Be kindly informed that situations may arise where the website may not be able to fulfil orders for a variety of reasons. The website reserves the right to cancel orders at its discretion.

  1. TERMS AND CONDITIONS OF SALE

You agree that if you are unsure of the meaning of any part of the Terms and Conditions of Sale, you will not hesitate to contact us here or via email: info@kitara.ng  for clarification prior to making a purchase.

These Terms and Conditions of Sale fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.

5.1 LIABILITY OF PARTIES ON THE MARKETPLACE

Our marketplace is used by third-parties to sell their products. None of the products listed on the Marketplace are owned or sold by us, neither are we involved in the actual sale transaction between the buyers and sellers on the Marketplace.

The buyer and seller agree that we would be held free from any liability in contract, pre-contract or other representations in tort, for all transactions conducted on the Marketplace.

5.2 FORMATION OF CONTRACT OF SALE

Both parties agree that browsing the website and gathering information regarding the services provided by the seller does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.
Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product.

Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.

5.3 SALE AGREEMENT

No binding agreement of sale or acceptance of offer to sell shall come into effect until the seller dispatches the product for delivery, also, browsing KITARA.NG  for information on its services does not constitute an offer to sell, an offer to sell is validly made when the buyer effectively completes the cycle starting from product selection with the intention to purchase, selection of the buyer’s preferred payment option, proceeding to checkout and ending with the completion of the checkout process.

Subject to the provisions hereof, the Seller shall deliver the Goods, to the Delivery Address, for the consideration amount, which shall be payable in full by the Buyer. The Goods shall be as specified by a valid order generated by the Company System. The placement of an item in a shopping basket without completing the cycle shall not:

  1. constitute an agreement of sale between the Company and the user, the Company shall not be liable in respect of items that are not available when the order is completed;
  2. Constitute an order for such item; and the Company may remove such item from the shopping basket if no stock is available.

Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

By signing up on the website and/or completing an order, the Buyer further agrees to provide to the Company, on request, all information required for it to meet its obligations in terms of this agreement, including but not limited to, the Buyer’s true identity, physical, delivery and e-mail addresses, receive emails associated with processing and finalizing your order, provide contact phone numbers, and if necessary bank account information, which may contain relevant promotional offers from third parties,  emails of optional surveys asking you to review KITARA.NG ,your surfing and purchasing experience, you may unsubscribe from promotional emails via a link provided at the bottom of  each email. Kindly contact us here or via email: info@kitara.ng. If you would like us to remove your personal information from our database,

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.

  1. ELECTRONIC COMMUNICATIONS

When a user visits the Website or communicates with the Company electronically, that user consents to receiving communications from the Company electronically and agrees that all agreements, notices, disclosures and other communications sent by the Company satisfy any legal requirements, including but not limited, to the requirement that such communications should be “in writing”.

  1. PRICING

The Company shall take all reasonable steps to ensure that correct prices are maintained on the website. In the event that errors occur and the Goods and services are offered at incorrect prices, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation as soon as possible, the Company shall not be obliged to sell the Goods at such incorrect prices and shall only be liable to refund monies paid.We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. A full refund will be given where you have already paid for the products.

  1. PAYMENT

All amounts payable in terms of this agreement shall be payable in advance. No Goods will be delivered until payment has been received in full. All payments shall be via valid  Nigeria MasterCard/VISA credit card or direct counter bank payment.

Notwithstanding, in the event that any goods delivered are not paid for, or if payment for such delivered Goods has subsequently been reversed for any reason whatsoever, those Goods remain the sole property of the Company and will be returned to the Company immediately on demand, in an unused condition, with all original packaging and documentation. Any damages to the Goods requiring repair, or costs attributable to the used condition of the Goods, or lack of, or damage to packaging, or the cost of transporting or seizing those Goods will be payable by the Customer on demand. The Company reserves the right at any time during the delivery process, up until the Goods are physically delivered to the Customer, to cancel the Customer’s order, for any reason whatsoever. In the event that the Customer’s payment has been processed before the order was cancelled, the Company shall ensure that the all amounts paid by the Customer for that cancelled order are re-paid in full, no later than 15 working days after the Customer receives the notification of cancellation of the order. The Company undertakes, where possible, not to process the payment of any orders cancelled, and/or, in any event, not to re-pay in full, any orders cancelled that have been processed.

All legal costs as between attorney and own client incurred by the Company in enforcing or defending any of its rights in terms of this agreement shall be payable by the Customer, whether incurred by the Company prior to or during institution of legal proceedings or if judgment has been granted in connection with the satisfaction of such judgment, and shall be payable on demand.

  1. USE OF VOUCHER CODES

Our Site accepts the use of voucher codes for orders placed online. The marketing voucher codes which are accepted on our Site entitle you at the time of ordering a product to a saving on the order being placed on our Site. Vouchers may also be issued to customers in exchange for advance payments made to us via transfer to our bank accounts for products intended to be purchased on the Site.
Our voucher codes may not be exchanged for cash. With the exception of vouchers issued in accordance with our refunds policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.

  1. COMMUNICATIONS AND USER SUBMISSIONS

If you choose to use KITARA.NG , you must do so as your real self. You shall not use any false information, including but not limited to false email addresses or use any form of misrepresentation. All information you provide on the website becomes our sole property and may not be returned to you. If you post messages, comments, reviews, etc  on our site, message boards, chat rooms or other message areas or leave feedback, you give us the right to collect that information you provide to us. You grant us the worldwide, perpetual and transferable rights of such content 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. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect and use such information.

You agree that any Content you post may be used by us, consistent with our Privacy Policy and you are not entitled to any payment or any sort of compensation for such use.

When a user visits the Website or communicates with the Company electronically, that user consents to receiving communications from the Company electronically and agrees that all agreements, notices, disclosures and other communications sent by the Company satisfy any legal requirements, including but not limited, to the requirement that such communications should be “in writing”.

  1. HYPERLINKS AND OTHER BUSINESSES

Hyperlinks provided on this Website to third party websites are provided as is and the Company does not necessarily agree with, partner with, edit, endorse or sponsor the content on such web pages. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.

Users are referred to the relevant terms and conditions, privacy conditions and other policies applicable to such websites. Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification. 

  1. VALUE-ADDED TAX (VAT)

Value-added tax at the rate of 5% is charged on goods bought by Nigerian residents. Unless otherwise indicated, the prices displayed with each product include value-added tax (VAT).

  1. LOST GOODS OR DAMAGED IN TRANSIT

If the customer believes that goods were either lost or damaged in transit, it must notify the Company no later than five (5) working days of the goods being received or being perceived overdue. In the case of damaged goods, the unused goods must be returned to the supplier within seven (7) days with all associated packaging and documentation, the reasonable costs of which will be borne by the Company, provided the Customer’s claim is valid, and such claim is validated by an authorised KItara.ng field executive. The Company as well as the supplier reserves the right, at its sole discretion, to reject such goods returned, if it is reasonable to believe they were not in fact damaged in transit.

  1. DISCLAIMER FOR LIABILITY

Neither www.KITARA.NG  nor any of its agents or representatives shall be held liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the services or content provided from and through it. In addition, the Company makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the Website are free from errors or omissions or that the service will be completely uninterrupted and error free. The User shall have no claim against KITARA.NG  and the customer hereby indemnifies and holds the Company harmless and free from liability in respect of any loss, damage or cost caused by or arising from:

  1. Your breach of these Terms and conditions of use and User Agreement.
  2. Any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the Customer’s information, data or content;
  • The damage, contamination or corruption of any kind of the Customer’s data, material, information and/or content howsoever occasioned;
  1. Without limiting the foregoing, any fact, cause or circumstances whatsoever and howsoever arising if the Company has substantially performed its obligations under this agreement.
  2. Any product specifications or images that may have subsequently changed, or have been erroneously represented by the Company in any way;
  3. The Customer’s use or inability to use any product sold on this Website.
  • Any fact or circumstances beyond the reasonable control of the Company; specifically including, but not limited to, acts of God or Force Majeure or
  • Any downtime, outage, interruption in or non- availability of any of the services of the Company Systems and infrastructure;
  1. Any infringement of the Customer’s rights of privacy, constitutional and/or any other like rights (including those of any other person or entity), arising from the supply of goods provided in terms of this agreement;
  2. LIMITATION OF LIABILITY

In no event shall KITARA.NG, or any of its officers, directors and employees be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  The company, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

  1. INDEMNIFICATION

You hereby indemnify KITARA.NG , its affiliates/partners, officers, directors, agents and/or employees, as the case may be, to the fullest extent , free from any claim or demand and against any and all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

  1. INTELLECTUAL PROPERTY RIGHTS

‘Intellectual Property’ on the website includes, but is not limited to, registered  or unregistered content, design, text, icons, videos creations, proprietary information, software compilations, all software, underlying source code and materials owned, licensed to, controlled by, used by permission, or that otherwise belong to, the Company and its owners, and includes (without limitation) trademarks, service marks, hyperlinks, private information, copyrights and images displayed on this Website. The Customer shall not be entitled to use any of the images, content, trademarks, logos, brand names, domain names or other marks of the Company or any of its associates, or any of the product Suppliers, without the prior written approval of the Company or the suppliers respectively.

Any unauthorized use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

  1. NOTICE OF COPYRIGHT INFRINGEMENT

If you have any complaints with respect to the infringement of your copyright on our website, kindly write to the following email address: chatme@kitara,ng

Where you believe that your intellectual property has been infringed upon on our website, please notify us or via email: info@kitara.ng (physical address: Plot 21 Moses A. Majekodumi Crescent, Utako, Abuja, Nigeria). We expeditiously respond to all concerns regarding copyright infringements.

We request that you provide the following information along with your complaint:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work for the purposes of the complaint.
  2. A proper description of the copyrighted work claimed to have been infringed.
  • A description of the location of the infringing material on our Website.
  1. The address, telephone number or e-mail address of the complaining party.
  2. A statement made by the complaining party that he has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or by law.
  3. A statement deposed to under oath, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the copyright owner. Please note that this procedure is exclusively for notifying KITARA.NG that your copyrighted material has been infringed.
  1. CESSION, DELEGATION OR ASSIGNMENT

The Company shall be entitled to cede, assign, transfer or delegate all or any of its rights or obligations under this agreement to an affiliate of the Company or to any third party. Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the Company.

  1. DOMICILIUM

The parties choose domicilium citandi et executandi (“domicilium”) for the purposes of giving any notice, the payment of any sum, the service of any process and for any other purpose arising from the agreement at the addresses specified, in the case of the Customer, the physical address given by the Customer’s registration information, in the case of the Company, by the physical address given in the “Contact Us” page of the Website. Any notice required or permitted to be given in terms of this agreement shall be valid and effective only if in writing. Any notice given and any payment made by one party to the other (“the addressee”) which: –

  1. is delivered by hand during the normal business hours of the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved, to have been received by the addressee at the time of delivery;
  2. is posted by prepaid registered post from an address within Nigeria to the addressee at the addressee’s domicilium for the time being, shall be presumed, until the contrary is proved, to have been received by the addressee on the 7th (seventh) day after the date of posting;
  • is transmitted by fax or e-mail shall be deemed (in the absence of proof to the contrary) to have been received the day after transmission, provided that where it is transmitted outside of normal business hours, it shall be deemed to have been received by the close of business on the next business day.
  1. WHICH LAWS APPLY

These Terms and Conditions of Use shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Users consent to the jurisdiction of the Federal Republic of Nigeria courts for any dispute which may arise subject to the provisions of Arbitration in this document, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based on venue.

 DISPUTES

Any dispute of any nature whatsoever arising between the parties on any matter relating to the enforcement or defending of provisions of this agreement that is not resolved through the normal KITARA.NG  complaints resolution process shall be referred to confidential arbitration, presided over by an arbitrator independent of either party and shall be a person who is legally trained and who has experience in the information technology field in Nigeria. Proceedings shall be private, held in Nigeria in English and governed by Nigerian law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time. The arbitrator’s award shall be confidential, final and binding on all parties concerned. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. 

  1. RESTRICTIONS

Certain areas of this Website are restricted from being accessed by you and we may further restrict access by you to other areas of this Website, at any time, in our absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

  1. SEVERABILITY

If any provision or portion of these Terms and conditions of use is held by any court or tribunal to be invalid or unenforceable under any applicable law, either in whole or in part, then that part/provision shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section or provisions of this document.

  1. TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any or all of your rights granted under the Terms and Conditions of Use.

Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.

Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.

If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Kitara Limited in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

  1. ENTIRE AGREEMENT

These Terms constitute the entire agreement between KITARA.NG  and you in relation to your use of this Website, and supersedes all prior agreements and understandings.