Terms & Conditions Usage

I. Introduction

These general terms and conditions shall apply to both buyers and sellers on the marketplace and shall govern the use of the marketplace and other related services.
When using Arivla marketplace, you accept these general terms and conditions in full. If you differ with these terms and conditions you must not use our marketplace.
If you use our marketplace for a business then you should:
1. Ratify that you have obtained the necessary authority to agree to these terms and conditions;
2. Bind both yourself and the person’s company or other legal entity that operates that business.
3. Agree that you in these general terms and conditions shall reference both the individual user and the relevant person or legal entity unless the context requires otherwise

II. Registration & Account

You should not register with our marketplace if you are under 18 years of age, however by using our marketplace you warrant and represent to us that you are 18 years of age. However if your less than 18 years of age, you should access our platform with the supervision of an adult
When you register for an account with our Arivla marketplace you will have to provide us with an email address, user ID and password and agree to the Terms and Conditions.
If Arivla has reasonable ground to suspect that information provided is untrue or inaccurate or not in accordance with this terms of use, Arivla has the right to indefinitely suspend or terminate or block access of membership with Arivla.
Keep your password personal.
Notify us in writing immediately by email if you notice your password has been disclosed
You will be responsible for any activity on the marketplace arising out of failure to keep your password confidential and will be held liable for any losses which arises from such failure.
Your account shall be used wholly by you, and you shall not transfer your account to a third party, except you let your account be managed by a third party and any liabilities will be at your risk.
You may cancel your account on our marketplace by contacting us.

III. Terms & Condition of Sale

You acknowledge and agree that: the marketplace provides online location for sellers to sell and buyers to purchase fabrics:
1. Arivla is not a party to the transaction between the seller and the buyer.
2. A contract of sale and purchase of product shall come into action between the buyer and seller when you commit to buying and selling the particular product or upon the buyer’s verification of purchase through the marketplace.
The seller’s terms of business shall be govern the contract for sale and purchase between the buyer and the seller;
1. The price for a product will be as stated in the appropriate product listing.
2. All prices for products must include all taxes and comply with applicable laws in force at that time
3. Handling, delivery, packaging and administrative charge, insurance costs where applicable will be payable by the buyer if it’s stated in the product listing.
4. The product must be of good and satisfactory quality for the purpose in respect to the product listing.
5. The seller warrants that the seller has good title to and is the sole legal and beneficial owner of the products or has the right to supply the products pursuant to this agreement and that the products are not subject to any third party rights or restrictions including third party intellectual property rights.

IV. Returns & Refunds

Return of products by the buyer and acceptance of returned products by the seller shall be managed by us in accordance with our return policy as may be amended from time to time. Rules on refunds shall be implemented in our carefulness subject to applicable laws of the territory.
We may refund with our discretion:
1. Local and / or international shipping fees, and,
2. By way of store credits vouchers, bank transfer or any other method we may deem fit from time to time..
Returned products shall be accepted and refunds delivered by Arivla acting on behalf of the seller and this will only be possible if the product has been proven to be in a defective state.
Returns are only applicable to Nigerian Vendors.
If an item is refundable, buyers have three days to initiate a return. During this period, Arivla investigates the reason for the return. If the merchant is found to be at fault, they will cover the delivery costs. In the same vein , if the fault lies with the buyer, they will be responsible for the delivery costs.
Items returned can be changed to the right one if what was delivered was wrong or defective..
If a User returns an item 5 times or more in a month, the account is frozen pending an investigation.
A return ticket can only be raised against a store per time (I.e once you have raised a ticket, you can include all the items you want to return). An investigation is carried to figure out who is at fault but in the meantime, you can still order items from that store or other stores.
Once you have three ongoing return tickets, you can't request for return on any other item.

V. Payments.

While availing any of the payment method(s) offered at Arivla, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to;
1. Exceeding the preset limit mutually agreed by you and between your Bank(s)’ or
2. Any payment issues arising out of the transaction, or
3. Decline of transaction for any other reason/s or,
4. Lack of authorization for any transaction(s).

VI. Wallet.

The Wallet (“Wallet”) is a pre-paid payment mechanism which is associated with your Arivla account. You can maintain a balance of money with Arivla and redeem it at your convenience, we will not pay any interest on the amount maintained by you in your Wallet.
1. Wallet top-up: You can top-up your wallet using any of the pre-paid payment options only, you will be able to top-up your wallet up to an amount of N3,000,000.00 in one instance.
2. Refund of wallet amount: your wallet comprises of three type of balance, which are- Store credit (which is a credit granted by Arivla typically in lieu of cancelled order), Promotional balance (which is credit granted by Arivla only for promotional or goodwill purpose) and Topped-up balance (which is a prepaid amount that you added to your wallet to purchase future orders).
3. Topped-up balance and Promotional balance added to the wallet will be nonrefundable, while store credit will continue to be entirely refundable.
4. Limitation of Liability: In no event will Arivla be held liable for any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of Wallet or association with the Wallet.

VII. Breach

Without limiting other remedies, Arivla may limit your activity, remove your information, warn other users of your actions, temporarily or indefinitely suspend or terminate or block your membership or refuse you access to Arivla in the event, but not limited to;
1. If Arivla is unable to verify or authenticate any information you provide;
2. If you breach the terms of use or other rules and policies, if any;
3. If it is believed that your actions may cause legal liability for you, other Users or Arivla. Arivla at any time at its sole decision can reinstate suspended users.
4. A user that has been suspended or blocked may not register or attempt to register with Arivla or use Arivla not until the user is reinstated.
5. If there is breach of Terms of use or Privacy Policy or other rules, Arivla has the right to recover any amounts due and owed by you to Arivla and to take strict legal action including but not limited to a referral to the appropriate law enforcement or other authorities for initiating criminal or other proceedings against you.

VIII. Rules about your Content.

Here your content means:
1. All works and materials (including texts, graphics images, audio materials, video Materials, audio-visual materials, scripts software, and files) that you submit to our marketplace for storage or publication processing by or onward transmission; and
2. All communications on the marketplace including product reviews feedback and comments.
Content must be appropriate, civil and in accordance with generally accepted standards, Protocols and behaviors on the internet and must not be:
1. Offensive, obscene, indecent, pornographic or sexually explicit;
2. Be blasphemous in breach of racial or religious hatred or discrimination legislation;
3. Cause annoyance or needless anxiety to any person;
4. Depict violence in an explicit graphic manner; or
5. Deceptive, fraudulent, threatening, abusive, anti-social, menacing, hateful, discriminatory; or
6. Constitute spam.
The content put on the site must not be illegal or unlawful and must not infringe any person’s legal right or give rise to any legal action against any person (in any jurisdiction and under any applicable laws). Your content must not breach:
1. Any court order
2. Be blasphemous in breach of racial or religious hatred or discrimination legislation;
3. Any copyright, moral right, database right, trademark right, or any intellectual property right;
4. Any contractual obligation owed to any person or
5. Any right of confidence, right of privacy under the data protection law.
You must not submit to our marketplace any material that has ever been subject of any threatened or actual legal proceedings.
You must not link the marketplace to any website or web page consisting of material that is in breach of any provisions of these general terms and condition.
You must not interfere with a transaction by
1. Contacting another user to buy or sell an item which is listed on the marketplace outside the marketplace, or
2. Contacting another user with the intent to collect any payment, or
3. Communicating with a user involved in an active transaction to warn them away from a particular buyer, seller or item.
We may occasionally review your content and we reserve the right to take out any content at our decision for any reason whatsoever.
If you learn of any unlawful material / activity on our marketplace that breaches these general terms and conditions, you should inform us by contacting us.
All users of the marketplace are solely responsible for interaction with other users and you shall exercise caution and good judgment in your communication with said user. You shall not send them personal information including credit/visa/master card details

IX. Our Rights to use your Content.

Without prejudice to our rights under these terms and conditions if you breach our rules on content in any way or if we suspect that you have breached our rules on content we may erase, unpublish or correct any or all your content.
You grant us a worldwide irrevocable non-exclusive royalty-free license to use, reproduce, Store, adapt, publish, translate, and distribute your content on our marketplace and across our marketing channels and any existing or future media
You grant to us the right to bring an action for infringement of the rights licensed under section (IX.1).
You grant to us the right to sub-license the rights licensed under section (IX.1).
You waive all your moral privileges in your content to the maximum magnitude permitted by applicable law; and you warrant and represent that other moral rights in your content have been waived to the maximum extent permitted by applicable laws.

X. Use of Website.

You agree, undertake and confirm that the use Arivla website shall be strictly governed by the following binding principles: you shall not host, display, modify, publish, transmit, update or share any information that:

Belongs to another person and which you do not have any right to use
Is obviously offensive to online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, tribalism, bigotry, hated or physical harm of any kind against any group or individual;
Is obviously harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophiliac, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner which is threatening or unlawfully harassing including but not limited to “indecent representation of women’ or misleading in any way.
Involves the transmission of “junk mail” “chain letters” or unsolicited mass mailing or “spamming”
Harasses or advocate harassment of another person;
Encourages illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Violates any third party’s right (including, but not limited to intellectual property rights, rights of privacy) including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number.
Contain restricted or password-only access pages, or hidden pages or images.
Provides materials that exploits people in a sexual, violent or otherwise inappropriate manner to personal information from anyone,
Cause harm to minors in anyway,
Promotes an illegal or unauthorized copy of another person’s copyrighted work (copyright see below).
Contains video, photographs, or images of another person aged 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian)
Tries to gain unauthorized access or exceeds the scope of authorized access to our Site or to profiles, blogs, communities, account information or personal identifying information for commercial or unlawful purpose from other users;
Engages in commercial activities or sales without Arivla’s prior written consent such as contests, advertising and pyramid schemes, or the buying or selling of virtual items related to our Sites. “Prior Witten consent” means a communication coming from Arivla legal department, specifically in response to your request.
Hinder another user’s use and satisfaction of Arivla website or any other individual’s use and enjoyment of similar service;
Refers to any website or URL that in the sole discretion of Arivla, which contains material that is inappropriate for our site Terms of Use.
Contains software virus, files or programs to interrupt, destroy or limit the functionality of any computer resource; or any other computer programming routines that may damage, diminish the value of, secretly intercept or steal any system, data or personal information;
Violates any law from the time being in force;
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;
Impersonate another person;
Misleads the addressee/ users about the origin of such message or communicates any information which is grossly aggressive or menacing in nature;
Shall not be false, inaccurate or misleading;
Shall not, directly or indirectly offer, attempt to offer trade or attempt to trade in any item, which is prohibited in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
Threatens the unity, integrity, defense, security or sovereignty of the Federal Republic of Nigeria, friendly relations with foreign state or preclude investigation of any offence or is insulting any other nation,
Use data collected from our website for any direct marketing activity [ including without limitation email marketing, SMS marketing, telemarketing, and direct mailing],
Do anything that interferes with the normal use of our website.

XI. Copyright & Trademarks.

Subject to the express requirements of these general terms and condition:
1. All the copyright and other intellectual property rights in our website and material on our website are reserved,
2. We own and control all copyrights and other intellectual property rights in our website.
We give no consent for the use of Arivla logo, these trademarks are trademarks belonging to us and such use will establish an infringement of our rights
The service marks on our website are property of their respective owners, we do not endorse or grant any license to exercise the use such service marks.

XII. Data Privacy

Arivla shall process all personal data attained through the marketplace and related services,
Sellers shall be directly responsible to buyers for any misuse of personal data and Arivla will not be liable to buyers in respect of any misuse by sellers of their personal data.
Buyers agree to the processing of their personal data in accordance with terms of Arivla Privacy Notice.

XIII. Other Businesses

Arivla will not take responsibility or liability for the actions, products, content and services on Arivla website, which are linked to Affiliate or third party website using Arivla APIs or otherwise.

XIV. Due Diligence & Audit Rights

You agree to provide us all such information document and access to your business premises as we may require;
1. For the purpose of disclosures pursuant to a valid order by a court or other governmental body
2. In order to verify your adherence to and performance of your obligations under these terms and conditions.
We operate an anti-fraud and anti-money laundering compliance program and have the right to perform due diligence checks on all users.

XV. Limitation of Liability

1. In no event shall Arivla be liable for any special, incidental indirect or consequential damages of any kind in connection with this agreement, even if we have been informed in advance of the possibility of such damages.
2. Any individual or any third party in any matter arising which is connected to our services on the site is at the company’s sole discretion.

XVI. Indemnification

You hereby indemnify us and undertake to keep us indemnified against:
1. All losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred by us and arising directly or indirectly out of your use of our marketplace or any breach by you in accordance to these general terms and condition,
2. Any VAT or tax liability that is incurred in relation to any sale, supply or purchase made through our marketplace where that liability arises out of your failure to pay or register any VAT properly due in any jurisdiction.

XVII. Pricing & Typographical Error

In any case where any difference in pricing or products resulting from a typogr aphical error, Arivla shall have the right to rectify or cancel the order / orders and make a refund, if any has been collected from the customer within 10-20 business days of such corrective action taken. The mode of refund will be at Arivla discretion.

XVIII. No waiver

No waiver of any breach of any provision of these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of these terms and conditions.

XIX. Entire Agreement

These terms and conditions shall constitute the entire agreement between you and us in relation to your use of the marketplace.

XX. Severability

If a provision of these terms and conditions is determined by any court or other proficient authority to be unlawful or unenforceable the other provisions will continue in effect.

XXI. Third Party Rights

1. The implementation of the party’s rights under a contract under these general terms and conditions is not subject to the consent of any third party.
2. A contract under these terms and conditions is for the benefit of us and you and it is not intended to be enforceable by any third party.

XXII. Law & Jurisdiction

1. Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.
2. These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.

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