Terms and Conditions

Parkklead – online shopping in Nigeria for smart watches, accessories, airpods

and phones & other services that includes Data Analytics, Plagiarism
Test, Importation,
Sales and Purchase of Chinese Yuan and Digital Marketing

 Search for products, brands and categories

General Terms and Conditions of Use of the
Marketplace for Buyers

 

1. Introduction

Parkklead
Enterprise
(“Parkklead” or “we”)
operates an ecommerce platform consisting of a website and
a yet to come mobile application (“marketplace”), together with
supporting logistics and payment infrastructure, for the sale and purchase of
consumer products in Nigeria (“territory”).

These general terms and conditions shall
apply to buyers and sellers on the marketplace and shall govern your use of the
marketplace and related services.

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.

If you use our marketplace in the course of
a business or other organizational project, then by so doing you:

confirm that you have obtained the
necessary authority to agree to these general terms and conditions;

bind both yourself and the person, company
or other legal entity that operates that business or organizational project, to
these general terms and conditions; and

agree that “you” in these general
terms and conditions shall reference both the individual user and the relevant
person, company or legal entity unless the context requires otherwise.

2. Registration and account

You may not register with our marketplace
if you are under 18 years of age (by using our marketplace or agreeing to these
general terms and conditions, you warrant and represent to us that you are at
least 18 years of age).

You may register for an account with our
marketplace by completing and submitting the registration form on our marketplace

You represent and warrant that all
information provided in the registration form is complete and accurate.

If you register for an account with our
marketplace, you will be asked to provide an email address/user ID and password
and you agree to:

keep your password confidential;

notify us in writing immediately (using our
contact details provided at section 23) if you become aware of any disclosure
of your password; and

be responsible for any activity on our
marketplace arising out of any failure to keep your password confidential, and
that you may be held liable for any losses arising out of such a failure.

Your account shall be used exclusively by
you and you shall not transfer your account to any third party. If you
authorize any third party to manage your account on your behalf this shall be
at your own risk.

We may suspend or cancel your account,
and/or edit your account details, at any time in our sole discretion and
without notice or explanation, providing that if we cancel any products or services
you have paid for but not received, and you have not breached these general
terms and conditions, we will refund you in respect of the same.

You may cancel your account on our
marketplace by contacting us as provided at section 23.

3. Terms and conditions of sale

You acknowledge and agree that:

the marketplace provides an online location
for sellers to sell and buyers to purchase products;

we shall accept binding sales, on behalf of
sellers, but Parkklead is not a party to the transaction between the seller and
the buyer; and

a contract for the sale and purchase of a
product or products will come into force between the buyer and seller, and
accordingly you commit to buying or selling the relevant product or products,
upon the buyer’s confirmation of purchase via the marketplace.

Subject to these general terms and
conditions, the seller’s terms of business shall govern the contract for sale
and purchase between the buyer and the seller. Notwithstanding this, the
following provisions will be incorporated into the contract of sale and
purchase between the buyer and the seller:

the price for a product will be as stated
in the relevant product listing;

the price for the product must include all
taxes and comply with applicable laws in force from time to time;

delivery charges, packaging charges,
handling charges, administrative charges, insurance costs, other ancillary
costs and charges, will only be payable by the buyer if this is expressly and
clearly stated in the product listing;

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

the seller warrants that the seller has
good title to, and is the sole legal and beneficial owner of, the products, 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

4. Returns and refunds

Returns of products by buyers and
acceptance of returned products by sellers shall be managed by us in accordance
with the returns page on the marketplace, as may be amended from time to time.
Acceptance of returns shall be in our discretion, subject to compliance with
applicable laws of the territory

Refunds in respect of returned products
shall be managed in accordance with the refunds page on the marketplace, as may
be amended from time to time. Our rules on refunds shall be exercised in our
discretion, subject to applicable laws of the territory. We may offer refunds,
in our discretion:

in respect of the product price;

local and/or international shipping fees
(as stated on the refunds page); and

by way of store credits, wallet refunds,
vouchers, mobile money transfer, bank transfers or such other method as we may
determine from time to time.

Returned products shall be accepted and
refunds issued by Parkklead, for and on behalf of the seller.

Changes to our returns page or refunds page
shall be effective in respect of all purchases made from the date of
publication of the change on our website.

5. Payments

You must make payments due under these
general terms and conditions in accordance with the Payments Information and
Guidelines on the marketplace.

6. Rules about your content

In these general terms and conditions,
“your content” means:

all works and materials (including without
limitation text, graphics, images, audio material, video material, audio-visual
material, scripts, software and files) that you submit to us or our marketplace
for storage or publication, processing by, or onward transmission; and

all communications on the marketplace,
including product reviews, feedback and comments.

Your content, and the use of your content
by us in accordance with these general terms and conditions, must be accurate,
complete and truthful.

Your content must be appropriate, civil and
tasteful, and accord with generally accepted standards of etiquette and
behaviour on the internet, and must not:

be offensive, obscene, indecent,
pornographic, lewd, suggestive or sexually explicit;

depict violence in an explicit, graphic or
gratuitous manner; or

be blasphemous, in breach of racial or
religious hatred or discrimination legislation;

be deceptive, fraudulent, threatening,
abusive, harassing, anti-social, menacing, hateful, discriminatory or
inflammatory;

cause annoyance, inconvenience or needless
anxiety to any person; or

constitute spam.

Your content must not be illegal or
unlawful, infringe any person’s legal rights, or be capable of giving rise to
legal action against any person (in each case in any jurisdiction and under any
applicable law). Your content must not infringe or breach:

any copyright, moral right, database right,
trademark right, design right, right in passing off or other intellectual
property right;

any right of confidence, right of privacy
or right under data protection legislation;

any contractual obligation owed to any
person; or

any court order

You must not use our marketplace to link to
any website or web page consisting of or containing material that would, were
it posted on our marketplace, breach the provisions of these general terms and
conditions

You must not submit to our marketplace any
material that is or has ever been the subject of any threatened or actual legal
proceedings or other similar complaint.

The review function on the marketplace may
be used to facilitate buyer reviews on products. You shall not use the review
function or any other form of communication to provide inaccurate, inauthentic
or fake reviews.

You must not interfere with a transaction
by: (i) contacting another user to buy or sell an item listed on the
marketplace outside of the marketplace; or (ii) communicating with a user
involved in an active or completed transaction to warn them away from a
particular buyer, seller or item; or (iii) contacting another user with the
intent to collect any payments

You acknowledge that all users of the marketplace
are solely responsible for interactions with other users and you shall exercise
caution and good judgment in your communication with users. You shall not send
them personal information including credit card details.

We may periodically review your content and
we reserve the right to remove any content in our discretion for any reason
whatsoever.

If you learn of any unlawful material or
activity on our marketplace, or any material or activity that breaches these
general terms and conditions, you may inform us by contacting us as provided at
section 23.

7. Our rights to use your content

You grant to us a worldwide, irrevocable,
non-exclusive, royalty-free license to use, reproduce, store, adapt, publish,
translate and distribute your content across our marketing channels and any
existing or future media.

You grant to us the right to sub-license
the rights licensed under section 7.1

You grant to us the right to bring an
action for infringement of the rights licensed under section 7.1.

You hereby waive all your moral rights in
your content to the maximum extent permitted by applicable law; and you warrant
and represent that all other moral rights in your content have been waived to
the maximum extent permitted by applicable law

Without prejudice to our other rights under
these general terms and conditions, if you breach our rules on content in any
way, or if we reasonably suspect that you have breached our rules on content,
we may delete, unpublish or edit any or all of your content.

8. Use of website and mobile applications

In this section 8 words
“marketplace” and “website” shall be used interchangeably
to refer to Parkklead’s websites and mobile applications.

You may:

view pages from our website in a web
browser;

download pages from our website for caching
in a web browser;

print pages from our website for your own
personal and noncommercial use, providing that such printing is not systematic
or excessive;

stream audio and video files from our
website using the media player on our website; and

use our marketplace services by means of a
web browser,

subject to the other provisions of these
general terms and conditions.

Except as expressly permitted by section
8.2 or the other provisions of these general terms and conditions, you must not
download any material from our website or save any such material to your
computer

You may only use our website for your own
personal and business purposes in respect of selling or purchasing products on
the marketplace

Except as expressly permitted by these
general terms and conditions, you must not edit or otherwise modify any
material on our website.

Unless you own or control the relevant
rights in the material, you must not:

republish material from our website
(including republication on another website);

sell, rent or sub-license material from our
website;

show any material from our website in
public;

exploit material from our website for a
commercial purpose; or

redistribute material from our website.

Notwithstanding section 8.6, you may
forward links to products on our website and redistribute our newsletter and
promotional materials in print and electronic form to any person.

We reserve the right to suspend or restrict
access to our website, to areas of our website and/or to functionality upon our
website. We may, for example, suspend access to the website during server
maintenance or when we update the website. You must not circumvent or bypass,
or attempt to circumvent or bypass, any access restriction measures on the
website.

You must not:

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;

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;

hack or otherwise tamper with our website;

probe, scan or test the vulnerability of
our website without our permission;

circumvent any authentication or security
systems or processes on or relating to our website;

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;

impose an unreasonably large load on our
website resources (including bandwidth, storage capacity and processing
capacity);

decrypt or decipher any communications sent
by or to our website without our permission;

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;

access or otherwise interact with our
website using any robot, spider or other automated means, except for the
purpose of search engine indexing;

use our website except by means of our
public interfaces;

violate the directives set out in the
robots.txt file for our website;

use data collected from our website for any
direct marketing activity (including without limitation email marketing, SMS
marketing, telemarketing and direct mailing); or

do anything that interferes with the normal
use of our website.

9. Copyright and trademarks

Subject to the express provisions of these
general terms and conditions:

we, together with our licensors, own and
control all the copyright and other intellectual property rights in our website
and the material on our website; and

all the copyright and other intellectual
property rights in our website and the material on our website are reserved.

Parkklead’s logos and our other registered
and unregistered trademarks are trademarks belonging to us; we give no
permission for the use of these trademarks, and such use may constitute an
infringement of our rights.

The third party registered and unregistered
trademarks or service marks on our website are the property of their respective
owners and we do not endorse and are not affiliated with any of the holders of
any such rights and as such we cannot grant any license to exercise such rights

10. Data Privacy

Buyers agree to processing of their
personal data in accordance with the terms of Parkklead’s Privacy and Cookie
Notice

Parkklead 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.

Sellers shall be directly responsible to
buyers for any misuse of their personal data and Parkklead shall bear no
liability to buyers in respect of any misuse by sellers of their personal data.

11. Due diligence and audit rights

We operate an anti-money laundering
compliance program and reserve the right to perform due diligence checks on all
users of the marketplace.

You agree to provide to us all such
information, documentation and access to your business premises as we may require:

in order to verify your adherence to, and
performance of, your obligations under this Agreement;

for the purpose of disclosures pursuant to
a valid order by a court or other governmental body; or

as otherwise required by law or applicable
regulation

12. Parkklead’s role as a marketplace

You acknowledge that:

we do not confirm the identity of all
marketplace users, check their credit worthiness or bona fides, or otherwise
vet them;

we do not check, audit or monitor all
information contained in listings;

we are not party to any contract for the
sale or purchase of products advertised on the marketplace;

we are not involved in any transaction
between a buyer and a seller in any way, save that we facilitate a marketplace
for buyers and sellers and process payments on behalf of sellers;

we are not the agents for any buyer or
seller

and accordingly we will not be liable to
any person in relation to the offer for sale, sale or purchase of any products
advertised on our marketplace; furthermore we are not responsible for the
enforcement of any contractual obligations arising out of a contract for the
sale or purchase of any products and we will have no obligation to mediate
between the parties to any such contract.

We do not warrant or represent:

the completeness or accuracy of the
information published on our marketplace;

that the material on the marketplace is up
to date;

that the marketplace will operate without
fault; or

that the marketplace or any service on the
marketplace will remain available.

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.

We do not guarantee any commercial results
concerning the use of the marketplace.

To the maximum extent permitted by
applicable law and subject to section 13.1 below, we exclude all
representations and warranties relating to the subject matter of these general
terms and conditions, our marketplace and the use of our marketplace.

13. Limitations and exclusions of liability

Nothing in these general terms and
conditions will:

limit any liabilities in any way that is
not permitted under applicable law; or

exclude any liabilities or statutory rights
that may not be excluded under applicable law.

The limitations and exclusions of liability
set out in this section 13 and elsewhere in these general terms and conditions:

are subject to section 13.1; and

govern all liabilities arising under these
general terms and conditions or relating to the subject matter of these general
terms and conditions, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty, except to the extent
expressly provided otherwise in these general terms and conditions

In respect of the services offered to you
free of charge we will not be liable to you for any loss or damage of any
nature whatsoever.

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 13.4.

Notwithstanding section 13.4 above, we will
not be liable to you for any loss or damage of any nature, including in respect
of:

any losses occasioned by any interruption
or dysfunction to the website;

any losses arising out of any event or
events beyond our reasonable control;

any business losses, including (without
limitation) loss of or damage to profits, income, revenue, use, production,
anticipated savings, business, contracts, commercial opportunities or goodwill;

any loss or corruption of any data,
database or software; or

any special, indirect or consequential loss
or damage.

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).

Our marketplace includes hyperlinks to
other websites owned and operated by third parties; such hyperlinks are not
recommendations. We have no control over third party websites and their
contents, and we accept no responsibility for them or for any loss or damage
that may arise from your use of them.

14. Indemnification

You hereby indemnify us, and undertake to
keep us indemnified, against:

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 or the Parkklead codes, policies or guidelines; and

any VAT liability or other tax liability
that we may incur in relation to any sale, supply or purchase made through our
marketplace, where that liability arises out of your failure to pay, withhold,
declare or register to pay any VAT or other tax properly due in any
jurisdiction.

15. Breaches of these general terms and
conditions

If we permit the registration of an account
on our marketplace it will remain open indefinitely, subject to these general
terms and conditions.

If you breach these general terms and
conditions, or if we reasonably suspect that you have breached these general
terms and conditions or any Parkklead codes, policies or guidelines in any way
we may:

temporarily suspend your access to our
marketplace;

permanently prohibit you from accessing our
marketplace;

block computers using your IP address from
accessing our marketplace;

contact any or all of your internet service
providers and request that they block your access to our marketplace;

suspend or delete your account on our
marketplace; and/or

commence legal action against you, whether
for breach of contract or otherwise.

Where we suspend, prohibit or block your
access to our marketplace or a part of our marketplace you must not take any
action to circumvent such suspension or prohibition or blocking (including
without limitation creating and/or using a different account).

16. Entire Agreement

These general terms and conditions and the Parkklead
codes, policies and guidelines (and in respect of sellers the seller 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

17. Hierarchy

Should these general terms and conditions,
the seller terms and conditions, and the Parkklead codes, policies and
guidelines be in conflict, these terms and conditions, the seller terms and
conditions and the Parkklead codes, policies and guidelines shall prevail in
the order here stated.

18. Variation

We may revise these general terms and
conditions, the seller terms and conditions, and the Parkklead codes, policies
and guidelines from time to time.

The revised general terms and conditions
shall apply from the date of publication on the marketplace.

19. Severability

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.

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.

20. Assignment

You hereby agree that we may assign,
transfer, sub-contract or otherwise deal with our rights and/or obligations
under these general terms and conditions.

You may not without our prior written
consent assign, transfer, sub-contract or otherwise deal with any of your
rights and/or obligations under these general terms and conditions.

21. Third party rights

A contract under these general terms and
conditions is for our benefit and your benefit, and is not intended to benefit
or be enforceable by any third party

The exercise of the parties’ rights under a
contract under these general terms and conditions is not subject to the consent
of any third party

22. Law and jurisdiction

These general terms and conditions shall be
governed by and construed in accordance with the laws of the territory.

Any disputes relating to these general
terms and conditions shall be subject to the exclusive jurisdiction of the
courts of the territory

23. Our company details

We are registered in Nigeria under
registration number RC
2698151, and our head office is at SHOP 24, GABANO COMPLEX, OPPOSITE UBTH,
BENIN CITY, EDO STATE.
. You can contact us by
using our marketplace contact form