By signing up for the Storefront.com.ng account ("Service") or any of the services provided by Storefront.com.ng ("Storefront"), you, the user, together with any company or other business entity you are representing, if any (collectively, "You"), are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new services or features which are added to the current Service shall be also subject to the Terms of Service. Storefront.com.ng reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms of Service, at any time. It is your responsibility to check the Terms of Service from time to time for any updates or changes that may impact you.
By using the Storefront.com.ng platform, you unconditionally agree to be bound by laws, rules, regulations and official issuances applicable on the matter, now existing or which may hereinafter be enacted, issued or enforced. These terms and conditions comprise the agreement between Storefront.com.ng (“Storefront”) and the Merchant in connection with the display of its goods and services on the Storefront.com.ng platform.
“Account” means the unique user identification and password assigned to each Merchant by Storefront.com.ng for use on the Platform.
“Agreement” means these Terms and Conditions and any annexures hereto,
“Commencement Date” means the date of execution of this Agreement by the Parties.
“Intellectual Property” means “any patent, copyright, registered design, trademark or other industrial or intellectual property right in respect of the Platform and/or any other applications.
“Merchant, You or Your” means the Customer of Storefront.com.ng desirous of displaying its goods and services on the Storefront.com.ng platform
“Parties” means Storefront.com.ng and the Merchant
“Services” mean features provided by Storefront.com.ng on the Platform and all other aspects of the Platform including Merchant user content which may be subject to change from time to time.
“Storefront.com.ng Platform” means the Storefront.com.ng web service where Merchants can display their goods and services for the general public to view and purchase same.
“Webpage” means the space provided by and allocated to the Merchant on the Platform where a Merchant can display its Products for the general public to view and purchase same.
“Website Manager” means a designated web manager appointed by Storefront.com.ng to audit or carry out other services on the Platform on a periodic basis or as directed by Storefront.com.ng from time to time.
1. Basic Terms:
1.1 You must be 18 years or older to use this Service. You represent that You are acting in Your professional capacity and not as a consumer. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
1.2 You must provide a valid email address, and any other information needed in order to complete the signup process. Your full legal name, address and phone number that you provide in your Storefront.com.ng account must be valid and current ones.
1.3 You are responsible for keeping Your password in a secure place and for maintaining the confidentiality of your password. You agree not to disclose your password to any third party. You agree to immediately notify Storefront.com.ng if you suspect any unauthorized use of your account or access to your password. Storefront.com.ng cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
1.4 You may not use the Storefront.com.ng service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) .
1.5 You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your Storefront.com.ng account.
1.6 You must not transmit any worms or viruses or any code of a destructive nature.
1.7 A breach or violation of any of the Terms of Service as determined in the sole discretion of Storefront.com.ng will result in an immediate termination of your services.
2. Storefront.com.ng Service
2.1 Storefront.com.ng provides software programs ("Software") that enable merchants to build online stores through which they can sell their products and services online. Storefront.com.ng may also provide merchant services, including (but not limited to) hosting of the online store, site design, email services, marketing services, search engine marketing, price comparison shopping services, keyword buying services, domain name registration, and other related services as may be offered from time to time (collectively, "Services"). Your acceptance of this Terms of service and the activation of Your account by Storefront.com.ng, Storefront.com.ng will grant You a limited license to use the Software and will provide the Services You elected to receive, subject to this Terms of Service, including those terms and conditions that are set forth on the Storefront website located at http://www.Storefront.com.ng .
2.2 Storefront Free Web Store Hosting Service
Storefront.com.ng hereby grants you permission to use the Storefront.com.ng Free Web Store Hosting service as set forth in this Terms of Service, provided that: (i) one user can only own one Storefront Free Account; (ii) the free web store is used by an individual, a non-profit organization or a small, independently owned and operated business; (iii) you will otherwise comply with the terms and conditions of this Terms of Service.
2.3 Change of Service
Storefront.com.ng reserves the right to change, amend and/or otherwise alter the Services provided with equivalent or otherwise equal Services without prior notice to You. You agree to receive administrative communications from Storefront in regards to the Software, Services, Your account, policy changes, and system updates.
3. General Use Policy
3.1. We reserve the right to refuse service to anyone for any reason at any time.
3.2. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
3.3 Storefront.com.ng does not warrant that the service will be uninterrupted, timely, secure, or error-free.
3.4. Storefront.com.ng does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
3.5. You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3.6. Storefront.com.ng may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
The Merchant is prohibited from the display, sale of any products or engagement in any activity declared illegal under the Law including but not limited to narcotics, hard drugs, firearms, tobacco or tobacco products, armament productions, casino or companies where the principal source of income is gambling, Immoral and illegal activities, including but not limited to the display of pornographic photographs or materials or the sale of pornographic products, production or activities involving harmful or exploitative forms of forced labor and/or child labor, trade in wildlife or wildlife products that have been expressly prohibited by Law for public sale, production or trade in radioactive materials, unbounded asbestos fibers, and hazardous chemicals; and investments harmful to the environment or any item which may cause public offence or has been expressly prohibited by Law
3.7. Storefront.com.ng does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
3.8 You expressly understand and agree that Storefront.com.ng shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
3.9 In no event shall Storefront.com.ng or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Storefront partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
3.10 Technical support is only provided to paying account holders.
3.11 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Storefront.com.ng.
3.12 Verbal or written abuse of any kind (including threats of abuse or retribution) of any Storefront customer, Storefront employee, member, or officer will result in immediate account termination.
3.13 We do not claim any intellectual property rights over the material you provide to the Storefront.com.ng service. All material you upload remains yours. You can remove your Storefront.com.ng store at any time by deleting your account. This will also remove all content you have stored on the Service.
3.14 By uploading images and item description content to Storefront.com.ng, you agree to allow other internet users to view them and you agree to allow Storefront.com.ng to display and store them and you agree that Storefront.com.ng can, at any time, review all the content submitted by you to its Service.
3.15 The failure of Storefront.com.ng to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Storefront and govern your use of the Service, superseding any prior agreements between you and Storefront (including, but not limited to, any prior versions of the Terms of Service).
3.16 Storefront.com.ng does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
3.17 Unless you use Storefront Dedicated Server or Dedicated Server Cluster service, your Store may be hosted on a Storefront Server on which several merchants may share the resources and network capacity of that Storefront Server. We have internal policies and may, at our sole discretion, limit downloads from your store if our server processing power, server memory, or abuse controls indicate that you are not fairly using our service.
3.18 Using your account as an online storage space for archiving electronic files is disallowed.
3.19 Questions about the Terms of Service should be sent to contact at email@example.com.
4. Software License
Subject to this Terms of Service, Storefront.com.ng grants to You a non-exclusive, non-transferable, revocable, limited license to remotely access and use the Software on servers operated by or for Storefront.com.ng ("Storefront Servers") through the Storefront.com.ng Site solely for the purpose of building and maintaining an interactive store hosted by the Storefront Servers on which You offer Your or a third party's products or services ("Your Store").
You acknowledge that the Software and its structure, organization, and source code constitute valuable trade secrets of Storefront.com.ng. Accordingly, except as expressly allowed, You will not, either directly or through a third party, (a) modify, adapt, alter, or create derivative works from the Software; (b) distribute, sublicense, lease, rent, loan, or otherwise transfer the Software to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software or (d) transfer your interest in and to Your Store to any third party.
5. Covenants By You
You covenant that any products, services, Your Content, Your Store and Your related activities shall not violate the Storefront.com.ng Terms of Service that is incorporated herein by reference and as it may be amended from time to time, nor shall they:
5.1. be false, inaccurate or misleading;
5.2. be fraudulent or involve the sale of counterfeit or stolen items;
5.3. infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; Storefront.com.ng may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers;
5.4. violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, antidiscrimination or false advertising);
5.5. be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
5.6. be obscene or contain child pornography;
5.7. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
5.8. involve the transmission of any unsolicited commercial or bulk email (known as "spamming"). You shall not use Your account or Your Store as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid or ponzi schemes;
5.9. involve the collection or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent You shall maintain a written record for a period of three (3) years after any termination of this Agreement;
5.10. be harmful or potentially harmful to the Storefront.com.ng Server structure as determined at Storefront's sole discretion, including without limitation overloading the Storefront.com.ng technical infrastructure;
5.11. involve subleasing Your account or offering "free space" on or other access to Your account or Your Store to third parties;
5.12. create liability for Storefront.com.ng and its subcontractors or expose them to undue risk. You will not engage in activities that Storefront.com.ng, at its sole discretion, determines to be harmful to Storefront's affiliates, operations, reputation, or goodwill ; or
5.13. link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation;
6. Obligations of Storefront.com.ng
Storefront.com.ng shall be responsible for the provision of the Services and shall grant the Merchant access to the use of the Services provided that the Merchant is in compliance with the terms of this Agreement.
Storefront.com.ng shall provide parameters for the provision of images and videos of the Products to be displayed on the Platform and the content of the information to be uploaded on the Platform and Webpage
Storefront.com.ng shall as much as it is within its ability, endeavor to provide necessary administrative and technical support for the Platform.
Storefront.com.ng may revise the terms and conditions of this Agreement from time to time.
7. Event of Default
The following and a breach of any of the terms of this Agreement by the Merchant shall constitute an event of default under this Agreement:
If any representation, warranty or statement made or deemed to be made by the Merchant is or proves to have been incorrect or misleading in any material respect;
If any corporate action, legal proceedings or other procedure or step is taken against the Merchant;
If any event, fact or circumstance which has or could in the opinion of Storefront.com.ng be likely to have a material adverse effect on the ability of the Merchant to perform any of its obligations under this Agreement;
Any other reasons which in the sole opinion of Storefront.com.ng constitutes an event of default and such decision is taken in the best interest of the general public.
In the event of any default of any obligation by the Merchant pursuant to this Agreement, Storefront.com.ng reserves the right to terminate this Agreement immediately without notice and Merchants shall lose their access to their Webpage and Services therein terminated immediately.
Also, Without limiting other remedies, Storefront.com.ng may limit Your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate Your account or Your Store, in whole or in part, and refuse to provide some or all of the Software functionality or Services to You if: (a) You fail to pay any fees in accordance with this Terms of Service and the Price Policy; (b) You breach the covenants in Section 5 of this Terms of Service; (c) You breach this Terms of Service or the documents it incorporates by reference in any other manner; (d) Storefront.com.ng is unable to verify or authenticate any information You provide to Storefront; or (e) Storefront.com.ng believes that Your actions may cause financial loss or legal liability for You, Your Store customers, or Storefront.
Without prejudice to any remedy or right reserved by the Parties, Storefront.com.ng may terminate this Agreement or suspend the Merchant's access to the Services at anytime without notice to the Merchant for the violation of any of the terms of this Agreement.
The Merchant shall give Storefront.com.ng a 14 day notice of its intention to discontinue the use of the Services.
This Agreement shall automatically terminate if:
The Merchant is wound up or goes into liquidation or for any reason ceases or threatens to cease to carry on its business or transfers its business;
The obligations of the Merchant become prohibited by law or any other regulatory authority;
The Merchant fails to perform its obligations under this Agreement in accordance with the agreed terms and conditions of this Agreement and any further terms and conditions as may be advised by Storefront.com.ng from time to time
If any event or series of events occurs which may render the Merchant unable to comply with its obligations under the terms of this Agreement, or any other agreement between the Parties;
If the Merchant carries out any act that will or is likely to have a material adverse effect on the reputation, image and goodwill of Storefront.com.ng.
9. Additional Services and Third Party Services
9.1 Certain additional features ("Additional Services") and third party services that Storefront.com.ng may make available to You subject to supplemental or independent terms and conditions. You agree that You will not use such Additional Services or Third Party Services unless You have agreed to and comply with the applicable terms and conditions, including but not limited to Your payment of additional fees as required. Depending on the available Services you elect to receive, You may be responsible for establishing and maintaining a commercial relationship with a financial institution or money transmitter such as a credit card processor, bank or Mastercard. The terms of any such relationship shall be between You and that entity and such terms may be more restrictive or place limits on the operation of Your Store - you should contact those entities for more information regarding such terms.
9.2 Domain Registration Service:
Storefront.com.ng may provide acquisition and registration of a second-level domain name ("Domain Name") for Your Store on Your behalf. If you choose to use the Domain Name Service, You hereby appoint Storefront.com.ng and third parties who provide domain name registration services to Storefront.com.ng as Your agent in the acquisition, registration and ongoing administration of Domain Names on Your behalf and You authorize Storefront.com.ng and third parties who provide domain name registration services to Storefront.com.ng to select and issue binding instructions to domain name registrars and registries used to acquire, register, and administer Domain Names on Your behalf. Storefront.com.ng provides this Service as a convenience to You only and You hereby waive any and all claims that You may have, or which may later arise, against Storefront.com.ng for any and all damages, losses, claims, or expenses arising out of or related to the acquisition, registration, and/or use of such Domain Name. In addition, Storefront.com.ng reserves the right, in Storefront's sole discretion, to refuse to acquire or register any domain name requested by You, and to discontinue the use of any domain name requested by you. Your use of the domain name we may have registered for You is subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”) and subject to the policies detailed in the Domain Names Terms and Conditions
9.3 Third Party Applications and Services
On the Storefront.com.ng web site, we may offer or allow third parties to offer You software applications or services related to the design, customization, set-up, marketing, promotion, or operation of Your store. The third party offering the application(s) or service(s) is referred to as the “Third Party Providers” and the applications and services offered by Third Party Providers are referred to as “Third Party Applications” and “Third Party Services”. Third Party Applications and Third Party Services are intended to interoperate with the Storefront applications and services but Storefront does not warrant or support Third Party Applications or Services, whether or not they are designated by us as “certified” or “approved” or some similar designation. Except as expressly stated , there is no requirement that You use Third Party Applications or Services.
10. Your Store Content and Management
10.1 Your Store Management
You will be solely responsible for the development, operation, and maintenance of Your Store, including accepting, processing and filing customer orders generated through Your Store, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through Your Store. You agree that Storefront.com.ng has no obligation to back-up any data related to Your Store's operations and you should independently take appropriate steps to maintain such data in accordance with Your needs and requirements.
10.2 Your Store Content
You will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling any and all Content displayed on or in connection with your Store, regardless of whether Storefront.com.ng provides any design or customization services to You under this Terms of Service, including all descriptions of the products and services You offer to customers of Your Store and user-generated Content on and related to Your Store. As a conduit, Storefront.com.ng will give You complete discretion over Your Content, subject to the terms set out in this Agreement. Your Content must not infringe applicable laws or regulations and it must be compatible and interoperable with the Software and Services provided by Storefront.com.ng under this Terms of Service. You retain all rights, title and interest in and to all intellectual property rights embodied in Your Content, exclusive of any content provided by Storefront.com.ng. Notwithstanding anything contained in the foregoing, if You breach any of the covenants in Section 10 of this Terms of Service, Storefront.com.ng is entitled to, without notice to you and at its sole discretion, suspend or terminate Your Store and/or any access to information or data related to Your account and the Software in accordance with the Terms of Service.
10.3 Your Store Content License
During the period that Storefront.com.ng provides Services to You, You hereby grant to Storefront,its affiliates and any service providers (including, but not limited to advertising and promotional partners) a non-exclusive, irrevocable, non-sublicenseable, royalty-free, worldwide license to reproduce, distribute, create derivative works of, transmit, publicly perform, publicly display and digitally perform Your Content solely for the execution of this Terms of Service.
To prevent all doubt, the above granted license is for purposes of marketing. We may upload Your Content to services such as, but not limited to, Google Base, Facebook etc. If you do not wish to participate in such marketing programs, simply indicate your preference in Your Storefront.com.ng account.
11. DISCLAIMER OF WARRANTIES
STOREFRONT, ITS SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE SOFTWARE, ADDITIONAL SOFTWARE, AND SERVICES, ON AN "AS IS" BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. STOREFRONT, ITS SUPPLIERS AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE SOFTWARE, ADDITIONAL SOFTWARE, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 11 IS REASONABLE AND AN ESSENTIAL ELEMENT OF THIS TERMS OF SERVICE AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
12. FORCE MAJEURE
Notwithstanding anything to the contrary herein contained, neither Party shall be liable or responsible for failure to perform or delay in performance of any of its obligations under this Agreement if such failure or delay is due to or attributable to any act of God, war, warlike conditions, hostilities, riots, civil commotion, or any other cause or circumstance of whatsoever nature beyond the reasonable control of either Party. Such Force Majeure situation shall be notified to the other Party within 15 days from the occurrence of the same. If such situation continues for a period of 3 months the other party shall be entitled to terminate the Agreement on the expiry of the said period after duly intimating the same to the other Party.
13. NIGERIAN LAW AND GENERAL PROVISIONS
This Agreement shall be governed by the laws of the Federal Republic of Nigeria and any disputes arising therefrom shall be subject to the Nigerian Courts.;
Storefront and The Merchant hereby expressly acknowledge and agree that regarding the relationship between the parties created by this Agreement:
The parties are not, and shall not be deemed, joint ventures or partners;
The Merchant is not, and shall not be deemed, an agent of Storefront.
I (We) have read the Terms and Conditions as stated above and I (We) agree to its contents.