Welcome To DEPLUGS
General Terms and Conditions of Use of the Marketplace
1.2. These general terms and conditions shall apply to buyers and sellers on the De Plugs marketplace and shall govern your use of the marketplace and related services.
1.2. By using our marketplace you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions you must not use our marketplace.
2. Terms and conditions of sale
2.1. You acknowledge and agree that:
2.1.1. the marketplace provides an online location for buyers to purchase products;
2.1.2. we shall accept binding sales on behalf of sellers; and
2.1.3. a contract for the sale and purchase of a product or products will come into force between the buyer and DePlugs and accordingly you commit to buying the relevant product or products upon DePlugs confirmation of purchase via the marketplace.
Nevertheless, the relevant seller of the product (where it is a third party seller) shall at all times remain exclusively liable for the products they sell on the marketplace through DePlugs; and in the event that there is an issue arising from the purchase of a product on the marketplace, Deplugs shall disclose the identity of the third party seller the buyer should seek recourse from the relevant seller of the product.
2.1.4 the price for a product will be as stated in the relevant product listing;
2.1.5. the price for the product must include all taxes and comply with applicable laws in force from time to time;
2.1.6 delivery charges, packaging charges, handling charges, administrative charges, insurance costs other ancillary costs and charges where applicable will only be payable by the buyer if this is expressly and clearly stated in the product listing; and delivery of digital products may be made electronically
2.1.7. 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
2.1. 8. DePlugs warrants on behalf of the seller that the seller has good title and is the sole legal and beneficial owner of the products and/or has the right to supply the products pursuant to this agreement 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; and in respect of digital products, DePlugs warrants that the seller has the right to supply the digital products to the buyer.
3. Returns and refunds
3.1 Provided that the product requested by the buyer has been delivered to him/her, there shall be no refund of money after payment.
Where the product cannot be delivered within a reasonable time as a result of it being lost on transit, or damaged, Deplugs shall refund the amount paid for the product to the buyer less 2% of the price as service charge.
3.2. Returns of products by buyers and acceptance of returns shall be at DePlugs discretion subject to compliance with applicable laws of the territory.
4. Data privacy
4.1. Buyers agree to the processing of their personal data in accordance with the terms of DePlugs Privacy and Cookie Notice.
4.2. DePlugs shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.
4.3. DePlugs shall be directly responsible to buyers for any misuse of their personal data.
4. Due diligence and audit rights
4.1. We operate an anti-fraud and anti-money laundering compliance program and reserve the right to perform due diligence checks on all payments made through our platform.
4.2. You agree to provide to us all such information documentation and access to your business premises as we may require:
4.2.1 in order to verify your adherence to and performance of your obligations under these terms and conditions;
4.2.2. for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
4.2.3. as otherwise required by law or applicable regulation.
5. We do not warrant or represent that the marketplace will operate without fault; or that the marketplace or any service on the marketplace will remain available during the occurrence of events beyond DePlugs control (force majeure events) which include but are not limited to; flood drought earthquake or other natural disasters; hacking viruses malware or other malicious software attacks on the marketplace; terrorist attacks civil war civil commotion or riots; war threat of or preparation for war; epidemics or pandemics; or extra-constitutional events or circumstances which materially and adversely affect the political or macro-economic stability of the territory as a whole.
6. We reserve the right to discontinue or alter any or all of our marketplace services and to stop publishing our marketplace at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any marketplace services or if we stop publishing the marketplace. This is without prejudice to your rights in respect of any unfulfilled orders or other existing liabilities of DePlugs.
7. If we discontinue or alter any or all of our marketplace in circumstances not relating to force majeure we will provide prior notice to the buyers not less than fifteen (15) days with clear guidance on the way forward for the pending transactions or other existing liabilities of DePlugs.
8. 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 the marketplace shall constitute a separate contract for the purpose of this section.
9. We will not be liable to you for any loss or damage of any nature including in respect of:
9.1. any losses occasioned by any interruption or dysfunction to the website;
9.2 any losses arising out of any event or events beyond our reasonable control;
9.3 any loss or corruption of any data database or software; or
9.4 any special indirect or consequential loss or damage.
10. 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 the marketplace 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).
11. Purchasing Process
All actions taken, starting from the selection of a product to the submission of the order, constitute integral components of the purchasing process. This process encompasses the following stages:
Users must choose the desired Product and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
Confirmation Of Order
Upon the order receipt, if acceptance is expressly included, the contract is formed. Otherwise, the purchase contract is established when the User receives the order acceptance communication.
Subject to availability and to DePlugs discretion, the order shall be accepted without undue delay.
If the order is not accepted, DePlugs shall issue a refund.
The rejection of an order shall not entitle the User to bring any claim against De-Plug, including compensation for damages.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Prices
Users are notified of all fees, taxes, and costs, including potential delivery charges, before completing the order. Prices on this Application are presented either exclusive or inclusive of applicable fees, taxes, and costs, depending on the specific section the User is exploring.
12. Indemnification
12.1. You hereby indemnify us and undertake to keep us indemnified against:
12.1.1. 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 our marketplace or any breach by you of any provision of these general terms and conditions; and
13. Entire agreement
13.1. These general terms and conditions shall constitute the entire agreement between you and us in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace.
14. Variation
14.1. We may revise these general terms and conditions the seller terms and conditions from time to time.
14.2. The revised general terms and conditions shall apply from the date of publication on the marketplace.
15. No waiver
15.1. No waiver of any breach of any provision of these general terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of these general terms and conditions.
16. Severability
16.1. If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable the other provisions will continue in effect.
16.2. If any unlawful and/or unenforceable provision of these general terms and conditions 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.
17. Rights On Intellectual Property
Notwithstanding any more detailed provisions in these Terms, all intellectual property rights, including but not limited to copyrights, trademark rights, patent rights, and design rights associated with this Application, are the exclusive ownership of DePlugs or its licensors. These rights are protected by applicable laws or international treaties governing intellectual property.
All trademarks, whether nominal or figurative, as well as all other marks, trade names, service marks, word marks, illustrations, images, or logos associated with this Application, are the exclusive property of DePlugs or its licensors. These elements are protected by the rights granted under applicable laws or international treaties related to intellectual property
Store Credit
18. Store Credits may be earned and managed in accordance with the DePlugs Store Credit Terms and Conditions as may be amended from time to time. DePlugs reserves the right to cancel or withdraw DePlugs store credit rewards for any reason in its discretion including if we suspect fraud or foul play. You can view Reward Store Credit terms and conditions on our website
19. Promotions
19.1. Promotions and competitions run by DePlugs and/or other promoters shall be managed in accordance with the Promotions Terms and Conditions. You can view each Promotion's terms and conditions on our website.
20. You must not:
20.1. 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;
20.2. 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;
20.3. hack or otherwise tamper with our website;
20.4. probe scan or test the vulnerability of our website without our permission;
20.5. circumvent any authentication or security systems or processes on or relating to our website;
20.6. 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;
20.7. impose an unreasonably large load on our website resources (including bandwidth storage capacity and processing capacity);
20.8. decrypt or decipher any communications sent by or to our website without our permission;
20.9. 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;
20.10. access or otherwise interact with our website using any robot spider or other automated means except for the purpose of search engine indexing;
20.11. use our website except by means of our public interfaces;
20.12. violate the directives set out in the robots.txt file for our website;
20.13. use data collected from our website for any direct marketing activity (including without limitation email marketing SMS marketing telemarketing and direct mailing); or
20.14. do anything that interferes with the normal use of our website.
21. Law and jurisdiction
21.1. These general terms and conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
21.2 Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.
21.3 You may contact our sellers for after-sales queries including any disputes by requesting their contact details from us and we shall be obliged to ensure that the seller is clearly identifiable.
21.4 You consent to receive notices electronically from us. We may provide all communications and information related to your use of the marketplace in electronic format either by posting to our website or application or by email to the email address on your account. All such communications will be deemed to be notices in writing and received by and properly given to you.
21.5 You would be bound by these terms and conditions by accepting it electronically.
