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Terms and Condition

TERMS AND CONDITIONS

1.0

Introduction and Acceptance of Terms

By accessing our website, Applications, software or other platforms; or by using our Services or by clicking to accept or agree to the Terms and Conditions, youaccept that these Terms and Conditions (“Terms”) are binding legal agreement between you and SilvamaineLimited (“Silvamaine”) and/or Maketmasta, and you further consent to the collection, processing, use and handling of your personal information provided to Maketmasta.

 

Maketmasta is a business-to-business website designed for advertising and promoting businesses, it is a platform that connects sellers with buyers. It is a marketplace that allows users to offer, sell and buy goods and services in various geographic locations using a variety of pricing formats. Maketmasta is neither a party to contracts for sale between third-party sellers and buyers, nor is Maketmasta an auctioneer.

Any guidance Maketmasta provides as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Maketmasta may help facilitate the resolution of disputes between buyers and sellers through various programs. Unless otherwise expressly provided, Maketmasta has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

2.0

Using Maketmasta

In connection with using or accessing the Services of Maketmasta you agree to comply with these Terms and Agreement, and all applicable laws, rules, and regulations, and you will not:

i. breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
ii. use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
iii. fail to pay for items purchased by you, unless you have a valid reason as set out in this Agreement, for example, the seller has materially changed the item's description after purchase.
iv. fail to deliver items sold by you, unless you have a valid reason to do so;
v. manipulate the price of any item or interfere with any other user's listings;
vi. take any action that may undermine or sabotagethe feedback or ratings systems;
vii. transfer your Maketmasta account (including feedback) and user ID to another party without our consent;
viii. share your log in credentials with any third parties.
ix. create listings, post, or upload content in inappropriate categories or areas on our sites;
x. post false, inaccurate, misleading, deceptive, defamatory, or libelous content on our platform;
xi. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes on our platform;
xii. distribute viruses or any other technologies that may harm Maketmasta or the interests or property of users;
xiii. use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Maketmasta or Silvamaine Limited;
xiv. circumvent any technical measures used to provide our Services;
xv. interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
xvi. export or re-export any Maketmasta application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
xvii. harvest or otherwise collect or use information about users without their consent.

Where Maketmasta believes that you are abusing Maketmasta and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content; remove, or not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

If we believe you are violating our policies prohibitingoffers to buy or sell outside of Maketmasta, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement.

 

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

3.0

Fees

Maketmasta charges fees from sellers for the use of our Services. The fees we charge sellers for using our Services shall be as provided and published by Maketmasta from time to time and in accordance with the circumstances of each case. Sellers are liable for fees arising out of all sales made using some or all of our Services, even if sales terms are finalized or payment is made outside of Maketmasta.

4.0

Listing Conditions

When listing an item or service for sale on our Servicesor platforms, you agree to comply with the following rules and other Maketmasta’s Listing policies and Selling practices policy that Maketmasta may, from time to time, publish: -

 

i. You assume full responsibility for the item and services offered and the accuracy and content of the listing,
ii. Your listing may not be immediately searchable by keyword or category for several hours, and Maketmasta cannot guarantee exact listing duration,
iii. Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or Maketmasta, in its sole discretion,
iv. Content that violates any of Maketmasta’s policies or local laws may be modified, made obscure or deleted at Maketmasta’s sole discretion,
v. We may revise product data associated with listings to supplement, remove, or correct information,
vi. We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to: -
a. buyer's location, search query, browsing site, and history;
b. item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
c. seller's history, including listing practices, Seller Ratings from verified purchasers, Maketmasta’s policy compliance, feedback, and defect rate; and
d. number of listings matching the buyer's query.

 

vii. You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. Maketmasta has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product you list or sell using our Services,
viii. Maketmasta may publish and promote your listings, including related content such as username, product reviews and feedback on the websites or in the applications, services and tools of Maketmasta or other Silvamaine Ltd platforms, websites, applications, services and tools.

 

5.0

Sale and Purchase Conditions

When buying an item using our Services, you agree that: - 

 

i. You are responsible for reading the full item listing before making an offer, buying, or committing to buy,
ii. You enter into a legally binding contract to purchase an item when you buy, commit to buy an item, your offer for an item is accepted,
iii. For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller,
iv. We do not transfer legal ownership of items from the seller to you,
v. In situations where Maketmasta’s platform serves only as advertisement platform for the items and goods sold, and not as the selling intermediary and acquirer of the purchase sum for the goods on behalf of the seller, you agree to adopt payment on delivery, meet the Seller in person and in an open and safe place, properly check and confirm the quality of the item(s) to be sure it meets your expectations before making payment. In other words, no prepayment shall be made for either the delivery or the products.
vi. You shall never give out your financial information, including bank account details, and other sensitive security information, and you shall take all reasonable steps to protect all sensitive information that may be misused.
vii. Maketmasta does not offer any payment, networking and pyramid schemes in purchases.

6.0

Privacy of Others; Marketing

You agree that if Maketmasta provides you with information about another user, you will use suchinformation only for the purposes it is provided to you. You shall not disclose or distribute a user's information to a third party for purposes unrelated to our Services. Additionally, you shall only send marketing communications to users who have consented to receive such communications in accordance with applicable laws, whilst only using Maketmasta Services.

7.0

Returns and Cancellations

Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, Maketmasta will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their account settings onMaketmasta. You agree to comply with our return policy when an item is returned or if a transaction is cancelled after payment has been completed, andMaketmasta may issue a refund to the buyer on the seller's behalf and charge the seller for the amount of the refund. Additionally, Maketmasta may charge sellers for the cost of return shipping labels and/or other reasonable fees from sellers where necessary.

 

Buyers generally do not have the right to cancel an order. In certain circumstances, however, buyers can request to cancel an order on Maketmasta within 24 hours of order, but generally, only sellers can cancel an order provided the Seller has not yet shipped the item.The seller will have 3 days to accept or decline a cancellation request. If the order cannot be cancelled, buyers may still be permitted to return the item if the item is eligible for return. Items received by the buyer are only eligible for return if they do not match the listing on Maketmasta. In certain instances, a buyer may be responsible for the cost of return shipping for an item returned to a seller.

 

8.0

Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of, or access to our Services. Listing updates and other notification functionality in Maketmasta’s applications may not occur in real time. Such functionality is subject to delays beyond Maketmasta’s control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, in no event will Maketmasta or Silvamaine Limited (including our parent, subsidiaries, and affiliates, and our, and their officers, directors, agents and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or Maketmasta was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our, and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from the use of our services in any manner of form howsoever.

9.0

Release clause

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our,and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.

 

10.0

Indemnity

You hereby agree to indemnify us (including our affiliates and subsidiaries, as well as our, and their respective officers, directors, employees, agents) from any claim or demand, including reasonable legal fees, made by any third party due to, or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.

11.0 

Disputes

A. Applicable Law

You agree that the laws of the Federal Republic of Nigeria, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Maketmasta or Silvamaine Limited, except as otherwise stated in this Agreement.

B. Arbitration clause

 

In the event of a dispute between the parties arising out of, or relating to this Agreement, including but not limited to, any question regarding its breach, existence, validity or termination or the legal relationships established by this Agreement, the parties shall refer any such dispute to be finally resolved by Arbitration under the Arbitration and Conciliation Act, LFN 2004 and the Arbitration Rules, which Act and Rules are hereby deemed incorporated by reference into this clause. It is further agreed that: -

 

i. There shall be 3 Arbitrators appointed by both parties and/or Court;

 

ii. The seat, or legal place of arbitration shall be Lagos State, Nigeria;

 

iii. The place of arbitration shall be Nigeria;

 

iv. The governing law of arbitration under this Agreement shall be the substantive law on Arbitration in the Federal Republic of Nigeria.

 

 

 

Prepared by:

 

 

Chikodi Okeorji, MCIArb.(UK)

GREYACRE & PARTNERS,

Suit B20, Shakir Plaza, 3 Michika str. Off Ahmadu Bello Way,

Area 11, Garki, Abuja.

                                              greyacrelaw@gmail.com

chikodiokeorji@nigerianbar.ng

Phone: +234 8068882852 

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