Terms And Conditions
Conditions of Use
Last updated: February 15, 2018
Welcome to Smartdeals.com.ng. Smartdeals.com.ng provide website features and other products and services to you when you visit or shop at Smartdeals.com.ng. Smartdeals.com.ng provides Services subject to the following conditions.
By using Smartdeals.com.ng Services, you agree to these conditions.
Please read them carefully.
We offer a wide range of Services, and sometimes additional terms may apply. When you use a Smartdeals.com.ng Service (for example, Your Profile, bid on deals or purchase items) you will be subject to the guidelines, terms and agreements applicable to Smartdeals.com.ng Service.
Please review our Privacy Notice, which also governs your use of Smartdeals.com.ng Services, to understand our practices.
When you use Smartdeals.com.ng Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Smartdeals.com.ng Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Smartdeals.com.ng Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Smartdeals.com.ng or its content suppliers and protected by Nigerian and international copyright laws. The compilation of all content included in or made available through any Smartdeals.com.ng Service is the exclusive property of Smartdeals.com.ng and protected by Nigerian and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Smartdeals.com.ng Service are trademarks or trade suits of Smartdeals.com.ng in the Nigeria and other countries. Smartdeals.com.ng's trademarks and trade suits may not be used in connection with any product or service that is not Smartdeals.com.ng's, in any manner that is likely to cause confusion among customers, or in any manner that discredits Smartdeals.com.ng. All other trademarks not owned by Smartdeals.com.ng that appear in any Smartdeals.com.ng Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Smartdeals.com.ng.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Smartdeals.com.ng or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Smartdeals.com.ng Services. This license does not include any resale or commercial use of any Smartdeals.com.ng Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Smartdeals.com.ng Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Smartdeals.com.ng or its licensors, suppliers, publishers, rights holders, or other content providers. No Smartdeals.com.ng Service, nor any part of any Smartdeals.com.ng Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Smartdeals.com.ng. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Smartdeals.com.ng without express written consent. You may not use any meta tags or any other "hidden text" utilizing Smartdeals.com.ng's name or trademarks without the express written consent of Smartdeals.com.ng. You may not misuse the Smartdeals.com.ng Services. You may use the Smartdeals.com.ng Services only as permitted by law. The licenses granted by Smartdeals.com.ng terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Smartdeals.com.ng account to use certain Smartdeals.com.ng Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Smartdeals.com.ng does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Smartdeals.com.ng Services only with involvement of a parent or guardian. Parents and guardians may create profiles on behalf of teenagers in Smartdeals.com.ng. Alcohol listings on Smartdeals.com.ng are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Smartdeals.com.ng reserves the right to refuse service, terminate accounts, terminate your rights to use Smartdeals.com.ng Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Smartdeals.com.ng reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Smartdeals.com.ng a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Smartdeals.com.ng and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Smartdeals.com.ng for all claims resulting from content you supply. Smartdeals.com.ng has the right but not the obligation to monitor and edit or remove any activity or content. Smartdeals.com.ng takes no responsibility and assumes no liability for any content posted by you or any third party.
Smartdeals.com.ng respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to our Notice and Procedure for Making Claims of Copyright Infringement at the bottom of this page.
RISK OF LOSS
All purchases of physical items from Smartdeals.com.ng are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Smartdeals.com.ng does not process returned items since sellers are paid only when a buyer confirms receipt of purchased items, which authorizes payment to seller. This is to protect sellers and buyers on Smartdeals.com.ng.
Smartdeals.com.ng attempts to be as accurate as possible. However, Smartdeals.com.ng does not warrant that product descriptions or other content of any Smartdeals.com.ng Service is accurate, complete, reliable, current, or error-free. If a product offered by Smartdeals.com.ng is not as described, your sole remedy is to reject the item and notify Smartdeals.com.ng immediately.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Smartdeals.com.ng and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Smartdeals.com.ng.
With respect to items sold by Smartdeals.com.ng, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Smartdeals.com.ng is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
When you use apps created by Smartdeals.com.ng, such as the Smartdeals.com.ng App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Smartdeals.com.ng Service if you are the subject of Nigeria sanctions or of sanctions consistent with Nigerian law imposed by the governments of the country where you are using Smartdeals.com.ng Services. You must comply with all Nigeria or other export and re-export restrictions that may apply to goods, software (including Smartdeals.com.ng App), technology, and services.
Parties other than Smartdeals.com.ng operate stores, provide services or software, or sell product lines through the Smartdeals.com.ng Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Smartdeals.com.ng does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SMARTDEALS.COM.NG SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SMARTDEALS.COM.NG SERVICES ARE PROVIDED BY SMARTDEALS.COM.NG ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SMARTDEALS.COM.NG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SMARTDEALS.COM.NG SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SMARTDEALS.COM.NG SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SMARTDEALS.COM.NG SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, SMARTDEALS.COM.NG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMARTDEALS.COM.NG DOES NOT WARRANT THAT THE SMARTDEALS.COM.NG SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SMARTDEALS.COM.NG SERVICES, SMARTDEALS.COM.NG'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SMARTDEALS.COM.NG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SMARTDEALS.COM.NG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SMARTDEALS.COM.NG SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SMARTDEALS.COM.NG SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Smartdeals.com.ng Service, or to any products or services sold or distributed by Smartdeals.com.ng or through Smartdeals.com.ng will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Smartdeals.com.ng Service, you agree that the Federal Arbitration Act and applicable federal law, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Smartdeals.com.ng.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our privacy notice, posted on this site. These policies also govern your use of Smartdeals.com.ng Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Jade Luxury Court
3A Kwara Street
Osborne Foreshore Estate,
ADDITIONAL SMARTDEALS.COM.NG SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Smartdeals.com.ng Services (the "Smartdeals.com.ng Software").
- Use of the Smartdeals.com.ng Software. You may use Smartdeals.com.ng Software solely for purposes of enabling you to use the Smartdeals.com.ng Services as provided by Smartdeals.com.ng, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Smartdeals.com.ng Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Smartdeals.com.ng Software in whole or in part. All software used in any Smartdeals.com.ng Service is the property of Smartdeals.com.ng or its software suppliers and is protected by Nigeria and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Smartdeals.com.ng Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the Smartdeals.com.ng Software at any time and without notice to you.
- Conflicts. In the event of any conflict between these Conditions of Use and any other Smartdeals.com.ng or third-party terms applicable to any portion of Smartdeals.com.ng Software, such as open-source license terms, such other terms will control as to that portion of the Smartdeals.com.ng Software and to the extent of the conflict.
- Please note that all purchased tokens are neither refundable nor transferrable
- By using smartdeals.com.ng software, you agree to our Condition of Use and Privacy Notice
- By using smartdeals.com.ng software you confirm that you are above 18 years of age (or any other legal age required by the laws of your country of residence) and have the full capacity and ability to use this software.
How to Serve a Subpoena
If you have a subpoena to serve on Smartdeals.com.ng, please note that Smartdeals.com.ng does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Smartdeals.com.ng, preferably by mailing the subpoena to our corporate office.
Attn: Legal Department – Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Smartdeals.com.ng devices; and IP address and complete time stamps.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to our corporate office in writing. We respond quickly to the concerns of rights owners about any alleged infringement.
Please submit a report in writing and provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Smartdeals.com.ng's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Smartdeals.com.ng Legal Department
Jade Luxury Court
3A Kwara Street
Osborne Foreshore Estate,
Please note that this procedure is exclusively for notifying Smartdeals.com.ng that your copyrighted material has been infringed.