THIS AGREEMENT GOVERNS YOUR USE OF THE GADGETSBIDDING

Read carefully before accessing or using this Website, softwares, apps made available by Gadgetsbidding

USER’S ACCEPTANCE OF TERMS

The website is owned and operated by Gadgets Bidding Solutions Company Limited (“Us” or “We” or “Gadgets Bidding”). We provides the www.gadgetsbidding.com Platform, app and various related services (collectively, the “platform”). Access and use of this Platform is provided to you on condition that you accept these Terms of Use, and by accessing or using this Platform, you agree to these Terms and Conditions contained in this Terms of Service agreement, including Privacy Policy and notices contained or referenced in this Terms of Service as well as any other written agreement between us and you. In furtherance, when using particular services or materials on this Platform, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in this Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.


You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Gadgetsbidding. ("Gadgetsbidding") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Platform.


Gadgetsbidding may change these Terms of Use from time to time. Your continued access or use of the Platform constitutes your acceptance of such changes. Your access and use of the Platform will be subject to the current version of the Terms of Use, rules and guidelines posted on the Platform at the time of such use. Please regularly check the "Terms of Use" link on the home page of Gadgetsbidding.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Platform shall automatically terminate.

GADGETSBIDDING SERVICES

Gadgetsbidding is an online marketplace that provides shopping experience of electronic gadgets of all sort and gives users/clients the opportunity to participate in bidding of same as might have been auctioned by either gadgetsbidding or any other seller on the platform.

ELIGIBILITY AND ACCOUNT

1. You may not register with this platform if you are under 18 years of age (by using our platform or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age).
2. You may register for an account with our platform by completing and submitting the registration from our platform.
3. If you register for an account with our platform, you will be asked to provide an email address/user ID and passeword and you agree to:
   • Keep your password confidential;
   • Notify us in writing immediately (using our contact details) if you become aware if you become aware of any disclosure of your password; and
   • Be responsible for any activity on our platform 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.
4. 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.
5. 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 not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.
6. You may cancel your account on our platform by contacting us through our contact details.

USE OF PLATFORM

This Platform and its contents (the “Content”) are intended for customers of gadgetsbidding. You may not use nor use this Platform or Content for any purpose not related to your business with gadgetsbidding. You are specifically prohibited from:

1. Downloading, copying, or re-transmitting any or all of the Platform or the Content without, or in violation of, a written license and agreement with gadgetsbidding;
2. Using any data mining, robots or similar data gathering or extraction methods;
3. Manipulating or otherwise displaying the Platform or the Content by using framing or similar navigating technology;
4. Registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any gadgetsbidding’s product or service if you are not expressly authorized by such party to do so; and
5. Using the Platform or the Content other than for its intended purpose, as determined solely in gadgetsbidding’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.

You may not interfere with the security of, or otherwise abuse this Platform or any system resources, services or networks connected to or accessible through the Platform. You may only use this Platform for lawful purposes.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the platform. We generally do not pre-screen monitor, or edit the content posted by users of communications services or interactive services that may be available on or through this Platform. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our platform, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of the procedures to be followed in the event that any party believes that content posted on this Platform infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party.

TERMS AND CONDITIONS OF SALE

1. You acknowledge and agree that:
   • The platform provides an online mall for sellers to sell and buyers to purchase products;
   • In addition to the sales and purchase of products the platform also enables the auction and bidding of products wherein the highest bidder gets to purchase the auctioned product;
   • We shall accept binding sales, on behalf of sellers, but gadgetsbidding 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 and selling the relevant product or products, upon the buyer’s confirmation of purchase via the platform.
2. 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 joined 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, fir and safe for any purpose specified in, and confirm 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.

TERMS OF BID

1. Buyers who has the intention of bidding for a product listed for bid is required to place a deposit in gadgetsbidding wallet to secure compliance with these terms (“Cancellation Fee”). The amount of Cancellation Fee and acceptable payment methods will be shown during indication to bid for a product. Gadgetsbidding may modify, waive, or impose additional bid participation requirements for certain products or buyers in its sole discretion or at the request of Seller.
2. Every bid made by a buyer on any product listed shall be a binding bid, hence, prior to making a bid for a listed product, buyer must review the listed product and satisfactorily do an independent due diligence before making a bid.
3. All bids made during a bidding process are irrevocable, except where a retraction option is expressly made available to Buyers through the platform or as otherwise set forth herein.
4. Except for products tagged “absolute bidding” or “minimum bidding”, all products up for bidding have a minimum selling price by Seller (“reserved price”). The starting bid is not the reserve price. Hence, except where prohibited by law and by this terms, gadgetsbidding may counter bid on behalf of Seller on any product up to the amount of the Reserve Price (and no such bid will result in a sale of the Product).
5. Meanwhile products up for bidding without a Reserve Price but with a minimum bid will be listed as a “Minimum Bidding” and will be sold to the highest bidder at or above the minimum bid amount.
6. Products to be listed without a Reserve Price or Minimum Bid will be listed as “Absolute Bidding” and will be sold to the highest bidder.
7. Gadgetsbidding may in order to allow final bids to be properly input and processed during bidding period, may extend the time for bidding on any product in its sole and absolute discretion to allow for additional bids.
8. Seller may determine certain offers as “subject to confirmation” in its sole and absolute discretion, in which case winning buyer’s purchase is subject to, and contingent upon seller approving the purchase in its sole and absolute discretion within the time period set forth in sales description. Winning buyer will receive a refund of monies deposited if Seller choose not to approve the purchase.
9. Except in circumstance that has been covered by this terms, a buyer or seller will not bid on the item with the intent to increase its price or desirability artificially.
10. The winning buyer shall redeem the bid product within 24 hours of completion of the bid round failure of which the bid shall be forfeited and it shall be within the sole discretion of the Gadgetsbidding and the Seller to either pick the highest bidder after the winning buyer or makes the bid for such product open again for another round of bid.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

1. Subject to your compliance with these Terms of Use, any applicable license agreement with Gadgetsbidding, and the law, you may access and use the Platform. Gadgetsbidding remains the sole owner of all right, title, and interest in the Platform and reserves all rights not expressly granted under these Terms of Use. Gadgetsbidding may modify, replace, or discontinue the Platform or any part thereof at any time, for any reason, with or without notice, in Gadgetsbidding’s sole discretion. Gadgetsbidding provides the Platform on an "as is" and "as available" basis.
2. All content on this Platform, including but not limited to Images, Footage, and related metadata (collectively the "Gadgetsbidding Content"), as well as the selection and arrangement of the Gadgetsbidding Content, are protected by copyright, trademark, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Gadgetsbidding Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Gadgetsbidding, Gadgetsbidding does not grant any express or implied permission to use the Platform or any Gadgetsbidding Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Platform or any Gadgetsbidding Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Platform or Gadgetsbidding Content.
3. Unless you enter into a license agreement with Gadgetsbidding you may not download, distribute, display and/or copy any Gadgetsbidding Content.
4. You may not remove any watermarks or copyright notices contained in the Gadgetsbidding Content.

GADGETSBIDDING TRADEMARKS

1. For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Gadgetsbidding.
2. Nothing contained herein grants or shall be construed to grant you any rights to use any Gadgetsbidding Trademark, unless expressly conferred by these Terms of Use.
3. You agree that you will not use Gadgetsbidding's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Gadgetsbidding.
4. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Gadgetsbidding Trademarks or the Trademark rights claimed by Gadgetsbidding.
5. You agree that you will not use any Gadgetsbidding Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
6. You may not at any time, adopt or use, without Gadgetsbidding's prior written consent any word or mark which is similar to or likely to be confused with Gadgetsbidding's Trademarks.
7. The look and feel of the Gadgetsbidding website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Gadgetsbidding and may not be copied, imitated or used, in whole or in part, without the prior written consent of Gadgetsbidding.
8. All other trademarks, product names, and company names or logos used or appearing on the Gadgetsbidding website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Gadgetsbidding, unless expressly so stated.
9. You may not use a Gadgetsbidding trademark, logo, Image or other proprietary graphic of Gadgetsbidding to link to the Gadgetsbidding website without the prior written consent of Gadgetsbidding.
10. You may not frame or hotlink to the Gadgetsbidding website or any Image without the prior written consent of Gadgetsbidding.

USE OF YOUR INFORMATION

1. Gadgetsbidding (or third parties acting on its behalf) may collect information related to your use of the Platform. Third-party platforms through which you access the Platform may collect information related to your use of such third-party platform and make such information available to Gadgetsbidding subject to your agreement with the applicable third-party platform. Gadgetsbidding’s collection and use of all such information shall at all times conform to this Terms of Use, the Gadgetsbidding Privacy Policy, and applicable law.
2. Gadgetsbidding will use and protect your personal information, such as your name and address, in accordance with the Gadgetsbidding Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

YOUR CONTENT AND LICENSE AGREEMENT

1. For any image, footage, or any other content that you upload or post to the Platform (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Platform and grant the licenses set forth herein; (ii) Gadgetsbidding will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.
2. Contents of individuals and groups uploaded on Gadgetsbidding by its agents, vendors or users is deemed to be uploaded with the authorization and license of the individuals and groups for Gadgetsbidding to use same in connection with its operation of the Platform The above authorization and license will continue unless and until such individuals and groups instructs Gadgetsbiddding to take it down or delete same or if it offends the privacy policy of Gadgetsbidding in which case the authorization or licenses will terminate within a commercially reasonable period of time.
3. By uploading Your Content, you grant Gadgetsbidding a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing us to edit and display Your Content using the Platform and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Platform, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
4. Gadgetsbidding will use the expertise within its disposal to restrict the ability of users and visitors to the Platform to make downloads, high resolutions copies of content posted on the Platform, we however make no representation and warranty that content posted on the Platform will not be unlawfully copied without your consent. We do not restrict the ability of users and visitors to make watermarked copies, low resolution, ‘thumbnail’ copies or free copies of content posted on the Platform and you hereby expressly authorize Gadgetsbidding to permit users and visitors to the Platform to make such copies of your content.
5. You may not upload, post, or transmit any video, image, or other content that:
   • Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
   • Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
   • Exploits minors;
   • Depicts unlawful or violent acts;
   • Depicts animal cruelty or violence towards animals;
   • Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
   • Violates any law, statute, or regulation.
6. You may not use any Gadgetsbidding Content for any purpose without first obtaining a license to use such Gadgetsbidding Content. Any use of Gadgetsbidding Content by you shall be governed by the applicable license agreement separately entered into between you and Gadgetsbidding. Displaying and/or distributing to the public any watermarked or unlicensed Gadgetsbidding Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
7. You are responsible for any content that you have posted to the Platform and that may be lost or unrecoverable through the use of the Services.

GADGETSBIDDING’S ROLE AS A PLATFORM

1. Gadgetsbidding will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our platform, 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 as:
   • We do not confirm the identity of all the platform 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 platform;
   • We not involved in any transaction between a buyer and a seller in any way, save that we facilitate a platform for buyers and sellers and process payments on behalf of the sellers;
   • We are not the agents for any buyer or seller
2. We do not warrant or represent;
   • The completeness or accuracy of the information published on our platform;
   • That the material on the platform is up to date;
   • That the platform will operate without fault;
   • That the platform or any service on the platform will remain available.
3. We reserve the right to discontinue or alter any or all of our platform services, and to stop publishing our platform, at any time in our sole discretion without notice or explanation.
4. We do not guarantee any commercial results concerning the use of the platform.
5. To maximum extent permitted by applicable law and subject to these terms, we exclude all representations and warranties relating to the subject of these general terms and conditions, our platform and the use of our platform.

PAYMENT

1. When making payment for purchase for items listed on the platform or redeeming bid won on the platform, you may be asked to supply certain information relevant to your transaction, including without limitation, the name on the card, your credit or debit card number, the expiration date of your credit or debit card, your billing address, your PIN, your Bank Verification Number (BVN) and your shipping information.
2. You represent and warrant that you have the legal right to use any credit or debit card utilized in connection with any transaction. By submitting such information, you grant the third party collecting that information on behalf of Gadgetsbidding the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf.
3. Verification of information may be required prior to the acknowledgement or completion of any transaction. You understand and agree that you are charged at the time you place your order for items. You further understand and agree that the transaction for the purchase is final and compete at the time your account is charged and is non-refundable.
4. You agree to pay all charges incurred by you, on your behalf, or by your account (s) through the platform, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction.
5. The Platform does not process credit or debit cards, or take other payment processing information. Payment processing is handled through third-party services whose terms of use and privacy policy will be applicable to the transactions.
6. If for any reason, your bank declines or otherwise refuses to pay the amount owed for the items you have purchased, you agree that we may, at our option, suspend or terminate delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us all expenses incurred to recover sums due, including attorney fees and other legal expenses.

LIMITATIONS

1. You agree that you shall not:
   • Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Gadgetsbidding or any third party.
   • Violate any applicable laws or regulations related to the access to or use of the Platform, or engage in any activity prohibited by these Terms of Use.
   • Violate the rights of Gadgetsbidding or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

RESTRICTION AND TERMINATION OF USE

1. Gadgetsbidding may block, restrict, disable, suspend or terminate your access to all or part of the Platform and/or Gadgetsbidding Content at any time in Gadgetsbidding's discretion, without prior notice or liability to you. Any conduct by you that, in Gadgetsbidding’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Platform is strictly prohibited and may result in the termination of your access to the Platform without further notice.

LINKS TO THIRD PARTY PLATFORMS

1. In the event that the Platform is available through any third-party platform, or if Gadgetsbidding provides links from the Platform to any third-party platform or permits any third party to link from its platform to the Platform, you understand and agree that Gadgetsbidding makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Gadgetsbidding, and Gadgetsbidding provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Gadgetsbidding.

WARRANTIES AND DISCLAIMERS

1. Your use of the Platform is at your own risk. The Platform is provided by Gadgetsbidding under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. Gadgetsbidding expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Platform, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Gadgetsbidding makes no warranty that: (i) the Platform will meet your requirements; (ii) access to the Platform will be uninterrupted; (iii) the quality of the Platform will meet your expectations; and (iv) any errors or defects in the Platform, services or materials will be corrected. Gadgetsbidding makes no representations or warranties that the Platform will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Platform or will be stored by the Platform, that the Platform will meet your needs, or that Gadgetsbidding will continue to support any particular feature of the Platform. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Platform, and no warranties shall apply after such period.

EXCLUSION OF LIABILITY

1. Nothing in these general terms and conditions will limit any liabilities in any way that is not permitted under applicable law or statutory rights that may not be excluded under applicable law.
2. The limitations and exclusions of liability set out herein and elsewhere in these general terms and conditions are subject to sub-section 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.
3. 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.
4. 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 platform shall constitute a separate contract for the purpose of this sub-section.
5. Notwithstanding the above sub-section, 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.

INDEMNIFICATION

1. You agree to defend, indemnify and hold harmless Gadgetsbidding, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Platform, your breach or alleged breach of the Platform Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Gadgetsbidding Content, or your violation of any rights of another.

MISCELLANEOUS

1. These Terms of Use are governed by and shall be construed in accordance with the laws of Federation of Nigeria, without respect to its conflict of laws principles.
2. In the event of any conflict between these Terms of Use and any license agreement you enter with Gadgetsbidding, the terms of such license agreement shall control.
3. These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.

COMPANY DETAILS

This Platform is operated by Gadgets Bidding Solutions Company Limited, registered in Nigeria under the Companies and Allied Matters Act and our head office is at No. 124, Obafemi Awolowo Way, Ikeja, Lagos.

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