Last Updated: March 5, 2018.
Welcome to ("Safelybuy.com ") and our associated mobile applications collectively ("Site" or "Safelybuy") an online marketplace for products and services run by Safelybuy Operating Company Limited ("We" "Our" "us" "Safelybuy"). Safelybuy allows you ( “user” , “consumer” , “Member” , “guest” , or “you” ) to buy and sell varieties of goods and services.
We permit limited access to Safelybuy and services available on Safelybuy to guests and visitors who have not registered a Member Account. In order to access all of the benefits of Safelybuy, including the ability to buy and sell Products and Service, you must set up a Member Account. You may only set up one Member Account on the Site. Furthermore, you must fully comply with the following requirements: (i) provide complete, current and accurate information at time of registration, (ii) update all relevant Account information to keep it current and accurate. Finally, you agree to inform Safelybuy immediately if you suspect that your Member Account at Safelybuy has been hacked or subject to any unauthorized access or use. You agree that Safelybuy may verify your information through whatever lawful means it deems reasonable and appropriate, to request additional information to confirm your identity and to deny you access to Safelybuy if it determines any information provided is suspect, not accurate or cannot be confirmed.
We reserve the right to interrupt your service, your access to your Member Account, and/or your access to Safelybuy or any product or service offered on Safelybuy, with or without prior notice, for any reason, at our sole and absolute discretion. In the event your Member Account or access to it is interrupted or terminated for any reason, whether intentionally or unintentionally, we will not be liable for any losses due in whole or in part by such interruption or termination of your Member Account or your access to Safelybuy.
YOUR CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATIONS
Your Consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us (collectively, "Communications") that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to these Terms electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.
Your Right to Withdraw Your Consent. Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at 08090004835 or firstname.lastname@example.org. If you withdraw your consent to receive Communications electronically, we will close your Safelybuy.com Account and return the balance in your Safelybuy.com Account to your Bank Account as set forth in these Terms, and you will no longer be able to use your Safelybuy.com Account or the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
You Must Keep Your Contact Information Current With Us. In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the Website. Copies of Communications. You should print and save and/or electronically store a copy of all Communications that we send to you electronically. Hardware and Software Requirements. In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or a Mac; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 8 (or higher), Mozilla Firefox 7.0, Safari 5, or Chrome 15; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. "Current Version" means a version of the software that is currently being supported by its publisher. Changes. We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the Website or delivering notice of such termination or change electronically.
How do I use the Services?
The major objective to achieve by Safelybuy is to create an online market place where products and services can be bought with disregard to being defrauded, cheated, dissatisfied yet creating a peaceful avenue to safely buy and sell products and services. Once negotiation has taken place between buyer and seller, invoice is sent which payment must be made through Paystack. Your debit card would be debited for the amount on the invoice. The payment would be held with Safelybuy until the products and services are delivered. Upon the confirmation of completion of the transaction, the payment would be released for withdrawal of the seller. There is no limit to withdrawing your funds as soon as it is available. Request for withdrawal is an authorization from you to credit your bank account on file with same amount requested. Your funds will remain in your Saflybuy Account until you instruct us to transfer any or all of your funds from your Safelybuy Account to your Bank Account by emailing us at email@example.com
We will generally transfer the requested funds from your Safelybuy Account to your Bank Account within 1 Business Day of when we receive your request. It is important to know the amount of available funds in your Safelybuy Account before instructing us to transfer funds from your Safelybuy Account to your Bank Account. If you do not have sufficient available funds in your Safelybuy Account to cover the amount of the requested transfer, your request for the transfer will be declined. We may also transfer funds from your Safelybuy Account to your Bank Account without notice to you upon the closure of your Safelybuy Account as described below and at any time if required by applicable law or if we, in our sole discretion, suspect the Services are being used for illicit purposes or otherwise in violation of these Terms.
You may not use the funds in your Safelybuy Account to make purchases, withdraw cash, transfer funds to third parties, or for any other purpose. You are solely responsible for determining whether the funds available in your Account for withdrawal maintained in your Safelybuy Account are acceptable to you. We are not responsible for any third-party fees that may be incurred as a result of using the Services, including, but not limited to, third-party fees incurred as a result of maintaining insufficient funds in your Bank Account. Safelybuy is not a financial adviser, and Safelybuy has intended to provide financial advice. Your financial situation is unique. We are not responsible for ensuring your debit card has sufficient funds for your needs, purposes, or transactions. We do not make any representations, warranties, or guarantees of any kind that the Products and Services of Safelybuy are appropriate for you. Before using Safelybuy, you should consider obtaining additional information and advice from a financial adviser.
In connection with using or accessing Safelybuy (including your Member Account), whether via the website, our mobile applications or otherwise, you agree not to do, and not to facilitate any third party doing, any of the following (each a “Prohibited Activity” ):
(a) Modify, alter or otherwise make any derivative uses of the Safelybuy content, trademarks, technology platform or its underlying software, or any portion thereof;
(b) Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of the Safelybuy technology platform or its underlying software;
(c) Use any automated or non-automated means of data gathering, data mining or extraction methods on or in connection with Safelybuy, including any use of “robots”, “scrapers”, “spiders”, “readers” or similar devices;
(d) Infringe upon or violate the rights of Safelybuy, its users, third parties or Retailers;
(e) Download, copy or imitate any portion of the Safelybuy technology platform, its underlying software and content, or its user interface, or the Site, except as expressly permitted by Safelybuy;
(f) Use Safelybuy in any way that could damage, disable, overburden, place excessive demand on or impair our Site, mobile applications or any services we offer via Safelybuy;
(g) Attempt to gain unauthorized access to (i) any Member’s personal information, personal profile, e-wallet or Member Account or (ii) Safelybuy and its mobile applications, including but not limited to any Safelybuy accounts, computer systems and/or network systems, through any means, including via a proxy server, or use any unauthorized access whether or not intentionally acquired;
(h) Aggregate or scrape any content, data or other information from the Site (whether using links, scraping technology or other technical means) to be aggregated or shown with material from other sites or on a secondary site without our express written permission;
(i) Hyperlink to the Site or deep-link to any portion of our Site without our written consent;
(j) Interfere with our Site’s or our mobile applications’ operations, attempt to access or steal any data and information on or related to the Site;
(k) Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification;
(l) Circumvent or seek to circumvent any security measures or other features meant to protect the security of the Site and Safelybuy Members’ security;
(m) Make any unsolicited offers, advertisements, proposals, or send junk mail, spam or chain letters to other Safelybuy users or any other similar type of solicitation not approved of by Safelybuy in writing;
(n) Upload to Safelybuy images, content or other material that is illegally obtained, in violation of a third party’s intellectual property rights, or offensive, libelous, defamatory, harassing, threatening, inappropriate, deceptive or misleading in any way;
(o) Send or receive what we reasonably believe to be potentially fraudulent funds or otherwise use Safelybuy in a manner that we believe is intended to facilitate a criminal or fraudulent activity or enterprise;
(p) Seek to access or use Safelybuy from a country other than Nigeria
(q) Use the Site in a manner that results in or may result in complaints, chargebacks, customer refunds, Products not delivered as described, fees, penalties or other liability to Safelybuy Marketplace, its other members or partners;
(r) Make any fraudulent, improper or false refund request or claim under the Safelybuy refund policy or any similar customer guarantees provided by us from time-to-time;
(s) To provide any additional information about yourself as a Seller to the Buyer of a product or service or otherwise seek to sell product or service directly to any Buyer on Safelybuy;
Your Liability – Actions We May Take and Fees We May Assess.
- • We may close, suspend or limit your access to your Member Account or Safelybuy (including limiting your access to your funds and, your ability to buy and sell products and services or request payment from us);
- • We may refuse to allow you to be a Member or otherwise access Safelybuy in the future;
- • We may hold your funds if reasonably needed to protect against the risk of liability, in connection with the sale of potentially Products you did not deliver, member refunds or as otherwise provided in this these Term of Uses;
- • We may terminate any of your transactions on Safelybuy and withhold any payments associated with such transactions;
- • We may contact your bank and/or credit/debit card issuer, Retailers, law enforcement and any other third parties impacted by your activities;
- • We can and may share any information related to your Member Account, transaction history, payment information and other information related to your usage of Safelybuy with law enforcement or relevant Retailers, to the extent requested in connection with any investigation into any potentially criminal, fraudulent or Prohibited Activity;
- • We may use information you provide us or related to your activity on Safelybuy to investigate any potentially fraudulent or criminal activity or any Prohibited Activity, including to ensure you have not made improper or fraudulent refund requests under any Safelybuy refund policy or member guarantee;
- • We may take legal action against you; and
- • We may, in our sole discretion, terminate all access to this Site, your Member Account and our services for any reason and at any time.
Commissions and Fees
Safelybuy will charge 3% of on every unit of product or service bought on the site. Safelybuy will charge it’s 3% through Paystack Payment Processing Gateway. Paystack will also charge 1.9% for processing payment. In essence, on every payment made to you on Safelybuy through paystack, a total of 4.9% will be charged. Withdrawal of your funds attracts no fee. If there is going to be a change in this in the future, Safelybuy would communicate it to you electronically.
Dispute of any Safelybuy Recourse
In the event you believe in good faith that there may have been an error in our assessment of any fees, charges or other permitted recourse to your Member Account associated with any product or service you sold or purchased on Safelybuy, you may contact Safelybuy on firstname.lastname@example.org. You must provide us with all relevant information to support the reason you believe the recourse we took with regard to your Member Account or a particular product or service you bought or sold on Safelybuy was not warranted and we will then, at our discretion, engage in further investigation of the particular matter (to the extent possible) to determine if there was any error in our assessment of any fees or charges to your account or any other similar permitted recourse hereunder. You hereby agree to fully cooperate with Safelybuy in any such further investigation and to only provide us with full and truthful information. Safelybuy will communicate its determination (after any such investigation) in accordance with its then existing policies and procedures. The timing and terms of any additional investigative process will be entirely dependent upon our then current policies and procedures related to such matters, which may change from time-to-time. You further agree that Safelybuy’s determination after such additional investigation (to the extent possible) is final.
Intellectual Property & Trademarks.
All trademarks not owned by Safelybuy that appear on this Site are the property of their respective owners. Reference to any products, services, merchants or retailers available on Safelybuy does not constitute or imply any endorsement, sponsorship or recommendation by Safelybuy. Furthermore, Safelybuy is not the seller of products and services on Safelybuy. By posting or uploading any information, content or material to Safelybuy’s Site, you hereby agree to the following:
- • You hereby grant Safelybuy an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said information, content or material and to grant and authorize sub-licenses of the foregoing.
- • You hereby grant Safelybuy all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the information, content or material by any party for any purpose.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Safelybuy may also terminate or suspend the account of any member who infringes any intellectual property rights of a third party, whether a repeat infringer or not. If you believe that any user content on Safelybuy infringes upon any copyright that you own or otherwise control, you may file a notice of such infringement with our Designated DMCA Agent identified below, with the following information in writing: (i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) 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; and (vi) 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.
Designated DMCA Agent: Attn: DMCA Copyright Agent, Safelybuy Operating Company Ltd Legal Department, 1N William Murray Cromwell Court Estate, Chevron, Lekki, Lagos Nigeria. Email: email@example.com
Links to Other Websites.
Safelybuy may link to third-party websites, services, and mobile applications ( “Other Websites” ). These links are provided as a convenience to you and not because we endorse these Other Websites. We are not responsible for the content or the accuracy of materials on these Other Websites, or the privacy practices of these Other Websites. If you decide to access any Other Website, you do so at your own risk and we are not responsible for any damages or liabilities caused or alleged to be caused by any use of the Other Websites.
Disclaimer of Warranties & Waiver of Claims.
SAFELYBUY IS NOT THE OWNER OF PRODUCTS AND SERVICES SOLD ON SAFELYBUY AND IS NOT RESPONSIBLE FOR WHETHER OR HOW A PARTICULAR RETAILER HONOURS SUCH PRODUCTS OR SERVICES, PARTICULARLY IN THE CIRCUMSTANCE WHEN A RETAILER GOES OUT OF BUSINESS OR IS IN BANKRUPTCY OR LIQUIDATION. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT YOU WILL NOT SEEK RECOURSE AGAINST (AND HEREBY WAIVE ANY AND ALL CLAIMS AGAINST)
Limitation of Liability.
Indemnification & Release.
A. Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
B. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member of a purported class, representative proceeding or as an association. We each agree that any Dispute will be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator may not vary these terms.
(d) Severability & Subject Headings To the extent that any term is deemed invalid or unenforceable by a court of law with jurisdiction over the matter, that term shall be severable and not affect the validity of remaining terms. The section headings used herein are for convenience only and shall be of no legal force or effect.