PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY
The following demonstrates User Agreement (here-in-after referred to as an "Agreement") between GIBADI and the users of the Website ("You", "Your", "User"/"Users-").
Before you subscribe to and/or begin participating in or using web site, GIBADI believes that user(s) have fully read, understood and accept the Agreement.
If you do not agree to or wish to be bound by Agreement, you may not access to or otherwise use the website.
Your use of a GIBADI website - www.GIBADI.com (hereinafter referred to as "the website") and services available on a website is governed by the following terms and conditions. This User Agreement for the website shall come into effect on October 19, 2015.
AMENDMENT TO USER(S) AGREEMENT
GIBADI may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.
User(s) means any individual or business entity/organization that legally operates in Nigeria or outside Nigeria, uses and has the right to use the services provided by GIBADI. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. GIBADI advises its users that while accessing the website, they must follow/abide by the related laws. GIBADI is not responsible for the possible consequences caused by your behaviour during use of website. GIBADI may, in its sole discretion, reserve the right to terminate your membership and refuse to provide you with access to the Website at any time.
If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
When You use the Website or send emails or other data, information or communication to GIBADI, You agree and understand that You are communicating with GIBADI through electronic records and You consent to receive communications via electronic records from GIBADI periodically and as and when required.
REGISTRATION AND YOUR ACCOUNT
To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in and log-out.
User(s) can become a Registered User(s) by filling an on-line registration form on the website by giving desired information (name, contact information, details of its business, etc.). GIBADI will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account. If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for maintaining the confidentiality of your personal and non-personal information and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password , email id and cell number as the case may be.
If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to GIBADI during the registration process is true, accurate, current and complete.
By becoming a Registered User, you consent to the inclusion of your personal and non-personal data in our on-line database and authorize GIBADI to share such information with other user(s). GIBADI may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Website may suspend or terminate a registered membership at any time without any prior notification in interest of GIBADI or general interest of its visitors/other members without giving any reason thereof.
Despite my and organization's contact number(s) are on Do Not Call Registry, I consent to be contacted by GIBADI through phone calls, SMS notifications or any other means of communication, in respect to the services provided by GIBADI.
You agree, inter alia, to: 1. Provide true, accurate, current and complete information about yourself as prompted by GIBADI's registration form or provided by You 2. Maintain and promptly update the personal and non-personal Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or GIBADI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, GIBADI has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
This Service is only available for orders within Lagos. To be eligibile for free shipping, the orders must be above N20,000 and the total weight of the products must be below or equal to 5kg
TERMS AND CONDITIONS OF SALE
FORMATION OF THIS CONTRACT
You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. 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 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.
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.
ABOUT PAYMENT AND PRICING
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
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. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
This Site is only for delivery of products to customers within Nigeria. We make every effort to deliver goods within the estimated timescales set out on our Site; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.
You agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
Our Return Policy is as contained in the document titled “Return Policy” on our Site.
You agree to indemnify us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions of Sale.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Sale shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.
If any portion of these Terms or Conditions of Sale is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Sale and shall not affect the validity or enforceability of any other section listed in this document.
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.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Sale to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Sale to any third party.
USE OF THE WWW.GIBADI.COM
You understand and agree that GIBADI and the Website merely provide hosting services to its Registered Users and persons browsing/visiting the Website. There are items advertised/listed by Registered Users and third party user generated contents. GIBADI has no control over the third party user generated contents.
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
- Belongs to another person and to which You does not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- Violates any law for the time being in force;
- Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Shall not be false, inaccurate or misleading;
- Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force
BY ENLISTING PRODUCTS ON THIS SITE, GIBADI.COM DOES NOT CLAIM TO BE THE OFFICIAL DISTRIBUTOR OF THE BRANDS MENTIONED HEREIN, EXCEPT WHERE OTHERWISE STATED. BRANDS AND REPRESENTED NAMES BELONG TO THEIR RESPECTIVE OWNERS.