Clevenard operates an e-commerce platform that includes a website and mobile application based market place, supporting logistics and payment infrastructure for sales and purchases of goods and services globally.
This website and related services shall be governed these general terms and conditions which applies to buyers and sellers.
Using this website means you have fully accepted these general terms and conditions. You must refrain from using our website if you disagree either with the whole of the general terms and conditions or part(s) of it. By using our website in the course of business or other organisational project, you;
Confirm that you have obtained necessary authority to agree to these general terms and conditions.
Bind both yourself, and the person, company or other legal entities that operate such business or organisational project to these general terms and conditions.
Agree that you, in these general terms and conditions, shall refer to both individual users and relevant persons, companies or legal entities unless context requires otherwise.
REGULATIONS AND ACCOUNT
You must be at least 18 years old to be eligible to register on our website.
You must register on our website by completing and submitting the registration form.
You accept that all information provided in the registration form is complete and accurate.
You must provide an email/user ID and password to register for an account on our website. Consequently, you must agree to keep your password confidential, notify us immediately you realise that the password have been disclosed, and be responsible for any activity on our website that arise from any failure to keep your password confidential, and that you may be held liable for any losses arising from such failure.
Your account shall be exclusively operated by you, and shall not be transferred to a third party. It shall be at your own risk if you, in any case, authorise any third party to use your account.
We reserve the right to suspend or cancel your account, or edit your account details at any time without notice or explanation provided that we shall refund you if we cancel any product or services you have paid for but not received and you have not violated these general terms and conditions.
You may cancel your account on our website by notifying us either by email or our address provided on this website.
TERMS AND CONDITIONS OF SALE
You solemnly acknowledge and agree that;
Our website provides an online location for sellers and buyers to exchange goods and services.
Although we shall accept binding sales on behalf of sellers, Clevenard is not a party to the transaction between the seller and the buyer.
A contract for the sale and purchase of a commodity shall come into force between buyer and seller, and you accordingly commit to buying and selling the commodity upon confirmation of purchase by the buyer via our website.
Subject to these general terms and conditions, the seller’s terms of business shall govern the sale between seller and buyer. Notwithstanding this, the following provisions shall be included into the contract of sale and purchase between the buyer and the seller.
The price of the commodity will be as stated in the relevant commodity listing.
The price for the commodity must include all taxes, and comply with extant laws from time to time.
All ancillary including delivery charges, handling charges, administrative charges, insurance cost among others will only be payable by the buyer if these are expressly and clearly stated in the product listing.
Commodities must be of good quality, fit and safe for any purpose specified in, and conform in all materials respect to, the product listing and any other description of the commodity made available to the buyer by the seller.
The seller warrant that the seller has good title to, and is sole legal and beneficial owner of the commodity, and that the commodity is not subject to any third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.
RETURN AND REFUND
Return of commodities by buyers and acceptance of returned commodities shall be managed by us according to the return page of this website as may be amended from time to time. We shall reserve exclusive right to decide on whether or not to accept a returned product, subject to compliance with extant laws of such jurisdiction.
Refund with regards to returned products shall be managed according to the refund page of this website as may be amended from time to time. Our rules on refund shall be guided by our discretion subject to extant laws of the jurisdiction. We may offer refunds
With regards to the price of the product.
Local and/or international shipping fees as stated on refund page.
By way of store credits, wallet refund, vouchers, mobile money transfer, bank transfers or any such mean as we may determine from time to time.
Returned products shall be accepted and refunds issued by Clevenard for and on behalf of the seller.
Changes to either or our return page or refund page shall be effective in respect of all purchases made from the date of publication of the change on our website.
Payments due under these general terms and conditions must be made in accordance with the Payment Information Guidelines on our website.
RULES ABOUT YOUR CONTENT
In these general terms and conditions, “your content” refers to;
All works and materials, including but not limited to texts, graphics, images, audio materials, video materials, audio-visual materials, scripts, software and files that you submit to this website for storage or publication, processing by or onward transmission.
All communications on the website including product reviews, feedbacks and comments.
Your content, and its use by us with these general terms and conditions, must be accurate and truthful.
Your content must be appropriate, civil and tasteful, legal and be in line with generally acceptable standards of etiquette and behaviour on the internet and must not:
Be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit’
Depict violence in an explicit, graphic or gratuitous manner’
Be blasphemous, in violation of racial or religious hatred or discrimination legislations’
Be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
Cause annoyance, inconvenience or needless anxiety to any person.
Your content must not be illegal or unlawful, infringe the legal rights of any person, or be capable of provoking legal action against any person in each case in any jurisdiction and under any applicable law. Your content must not infringe or breach:
Any copyright, moral right, database right, trademark right, design right, right in passing off or intellectual property right.
Any contractual obligation owed to any person.
Any right of confidence, right of privacy or right under data protection legislation.
Any court order.
You must not use our website to link to any website or webpage that consists of or contain materials that would, were it posted on our website, breach the provisions of these general terms and conditions.
Do not submit to our website any material that is or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.
The review function on the website may be used to facilitate buyers reviews on products. You must not use the review function or any other form of communication to provide accurate, inauthentic or false review.
You must not interfere with transactions by:
Contacting another user to buy or sell an item listed on this website outside of the Clevenard website.
Communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item.
Contacting another user with the intent to collect any payments.
You acknowledge that all users of our website are solely responsible for interactions with other users and you shall exercise caution and good judgement in your communication with other users. You shall not send personal information including banking, credit cards and other sensitive information to them.
We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.
You must report any unlawful material or activity that breaches these general terms and conditions to us through our address provided on this website.
OUR RIGHTS TO USE YOUR CONTENT
By registering on this website;
You grant us worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any other existing or future media.
You grant us the right to sub-license the rights licensed under Article 7(i).
You grant us the right to bring an action for infringement of rights licensed under Article 7(i).
You hereby waive all your moral rights in your content to the maximum extent permitted by extant laws, and you warrant and represent that all moral rights in your content have been waived to the maximum extent permitted by extant laws.
Without prejudice to our other rights under these general terms and conditions, if you breach our rules on contents in any ways, or if we reasonably suspect that you have breached our rules on content, we my delete, unpublish or edit any or all of your content.
USE OF WEBSITE AND MOBILE APPLICATION
View pages from our website in any web browser.
Download pages from our website for a caching in a web browser.
Print pages from our website for your own personal and non-commercial use, provided that such printing is systematic or excessive.
Stream audio and video files from our website.
Use our website services by means of a web browser subject to the other provisions of these general terms and conditions.
Except as permitted under Article 8(i) or other provisions of these general terms and conditions, you must not download any material from our website of save any such material on any device.
You can only use our website for personal and business purposes in respect of selling or buying products.
Except expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not;
Republish materials from our website.
Sell, rent or sub-license material from our website.
Show any material from our website in public
Exploit material from our website for commercial purpose.
Redistribute material from our website.
Notwithstanding Article 8(v), you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.
We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website.
You must not;
Use our website in any way or take any action that causes, or may cause damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website.
Use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
Hack or otherwise tamper with our website.
Probe, scan or test the vulnerability of our website without our permission.
Circumvent any authentication or security systems or processes on or relating to our website.
Use our website to copy, store, host, transmit, send, use publish or distribute any material that consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious software.
Impose an unreasonably large load on our capacity and processing capacity.
Decrypt or decipher any communication sent by or to our website without our permission.
Conduct any systematic or automated data collection activities, including without limitation to scrapping, data mining, data extraction and data harvesting, on or in relation to our website without our express written consent.
Access or otherwise interact with our website using any robot, spider or other automated means except for the purpose of search engine indexing.
Use our website except by means of our public interfaces.
Violate the directives set out in the robots.txt file for our website.
Use data collected from our website for any direct marketing activity, including but not limited to email marketing and direct mailing.
Do anything that interferes with the normal use of our website.
COPYRIGHT AND TRADEMARKS
Subject to the provisions of these general terms and conditions,
We, together with our licensors, own and control all the copyright and other intellectual property rights in website and the material on our website.
All the copyright and other intellectual property rights in our website and the material on our website are reserved.
Clevenard logo and other registered and unregistered trademarks are trademarks belonging to us. We give no permission for use of these trademarks and as such may constitute an infringement of our rights.
The third party registered or unregistered trademarks or services marks on our website are the properties of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
Buyers agree to processing of their personal data in accordance with the terms of Privacy and Cookie Notice of Clevenard.
Sellers shall be responsible for buyers any misuse of their personal data and Clevenard shall bear no liability to buyers in respect of any misuse by sellers of their personal data.
DUE DILIGENCE AND AUDIT
Our program complies with anti-money laundering laws and we reserve the rights to perform due diligence checks on all users of the website.
By using our website, you have agreed to provide us all such information, documentation and access to your business premises as we may require:
In order to verify your adherence to and performance of your obligations under this agreement.
For the purpose of disclosures pursuant to a valid order by a court or other governmental bodies.
As otherwise required by law or applicable regulations.
RULE OF CLEVENARD
You acknowledge that;
We do not confirm the identity of all users of our website, 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 sale or purchase of products advertised on our website.
We are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a link for buyers and sellers and process payments on behalf of sellers.
We do not act as agent for any buyer or seller and accordingly, we shall not be liable to any person in relation to the offer for sale, sale or purchase of any product advertised on our website. We shall also not be responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any commodity and we shall have no obligation to mediate between the parties to any such contract.
We do not warrant or represent;
The completeness or accuracy of the information published on our website.
That the material on our website is up to date.
That our website will operate without fault.
That our website and its services will remain available.
We reserve the right to discontinue or alter any or all of our website services and to stop publishing our website at any time in our sole discretion without notice or explanation.
We do not guarantee any commercial results concerning the use of our website.
To the maximum extent permitted by Article 13(i) of these general terms and conditions, we exclude all representations and warranties relating to the subject of these general terms and conditions, our website and its use.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
Nothing in these general terms and conditions shall;
Limit any liabilities in any way that is not permitted under extant laws.
Exclude any liabilities or statutory rights that may not be excluded under extant laws.
Limitations and exclusions of liability set out in the Article 13 and elsewhere in these general terms and conditions;
subject to Article 13(i) 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 from contract in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions.
We shall not be liable to you for any loss or damage of any nature whatsoever as regards any service offered to you free of charge.
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 website shall constitute a separate contract for the purpose of this Article 13(iv).
Notwithstanding 13(iv) above, we shall 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 of the website.
Any losses arising out of any event or events beyond our reasonable control.
Any business losses, including but not limited to loss of 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.
Any special, indirect or consequential loss or damage.
We accept that we have an interest in limiting the personal liabilities of our officials and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officials or employee in respect of any losses you suffer in connection with the website or the general terms and conditions not limiting or excluding the liability of the limited liability entity itself for the acts of omissions of our officials and employees.
Our website includes hyperlinks to other websites owned and operated by third parties. Such hyperlinks are not recommendations. We have no control over third party websites and their contents and we accept no responsibility for them or for any loss or damage that may arise from your using them.
You hereby indemnify us, and undertake to keep us indemnified against;
Any and all losses, damages, costs, liabilities and expenses, including but not limited to legal expenses and any amount paid by us to any third party in settlement of a claim or dispute, incurred or suffered by us arising directly or indirectly from your use of our website or any other breach by you of any provision of these general terms and conditions or Clevenard codes, policies or guidelines.
Any Value Added Tax or other tax liabilities that we may incur in relation to any sale, supply or purchase made through our website, where that liability arises from your failure to pay, withhold, declare or register to pay any Value Added Tax or other taxes properly deu in any jurisdiction.
BREACHES OF THESE GENERAL TERMS AND CONDITIONS
Any account permitted to be opened on our website shall remain open indefinitely subject to these general terms and conditions.
Any breach or a reasonable suspicion of a breach, of these general terms and conditions or any of the rules of Clevenard, in any way may compel us to;
Temporarily suspend your access to our website.
Permanently restrict you from accessing our website.
Block computers, telephones and any other device that use your IP address from accessing our website.
Contact any or all your internet service providers and request that they block your access to our website.
Suspend or delete your account from our website.
Commence legal action against you.
Where we suspend, prohibit or block your access to our website or part of our website, you must not take any action to circumvent such suspension or prohibition or blocking, including but not limited to creating and/or using a different account.
These general terms and conditions and all Clevenard rules shall constitute the agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
Should these general terms and conditions, the seller’s terms and conditions and Clevenard rules be in conflict, these general terms and conditions, the seller’s terms and conditions and the clevenard rules shall prevail in the order here stated.
We may revise these general terms and conditions, the seller’s terms and conditions and Clevenard rules from time to time.
The revised general terms and conditions shall apply from the date of publication on our website.
If a provision of these general terms and conditions is determined by a court or competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these general terms and conditions will be lawful and enforceable if part of it is deleted, that part will be deemed to have been deleted, and the rest of the provision will continue in effect.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions
THIRD PARTY RIGHTS
A contract under these general terms and conditions is for our benefits and your benefits, and is not to benefit or be enforceable by any third party.
The exercise of the rights of the parties under a contract under these general terms and conditions is not subject to the consent of any third party.
LAW AND JURISDICTION
These general terms and conditions shall be governed by and construe in accordance with the laws of the territory.
Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the court of that territory