Revised: February 07, 2018
"SM9JA" is a platform owned by Appshub Resources Limited, a company incorporated under Companies and Allied Matters Act, 2004 in Nigeria.
"Account" refers to the SME9ja account created by customers and solely managed by them.
"We" and "Us" refers to SME9ja service providers or other entities that provides service to SME9ja Users.
"You", "Your", and "User" refers to any natural or legal person who is eligible to become a member of the Website by using any of the services with or without a registered account. These users may be verified business customers, non-verified business customers, logistics partners, or any other classification made by SME9ja.
To access or use SME9ja, (1) you must be 18 years of age or older and, if under 18 or the age of majority in your jurisdiction, your use of SME9ja must be under the supervision of a parent or guardian or other responsible adult and (2) you, or (where applicable) the adult supervising your use of SME9ja, must have the power and authority to enter into these Terms. Except as set forth above, or as otherwise approved by us, SME9ja is for your personal, commercial, product promotion, entrepreneurs’ use unless you enter into a separate agreement with us for partnership use. SME9ja reserves the right to terminate your membership and refuse to provide you with access to SME9ja, if it is brought to SME9ja ‘s notice or if it is discovered that you are under the age of 18 years or the age of majority in your jurisdiction.
You may not use SME9ja if we have terminated your account or banned you.
1. Third-Party Content on SME9ja. Content from other users, advertisers, and other third parties is made available to you through SME9ja. Content means any work of authorship or information, including comments, opinions, postings, messages, text, files, images, photos, works of authorship, e-mail, data or other materials you find on SME9ja. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services,(2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties. In accordance with laws which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on SME9ja.
Links to Third-Party Websites. SME9ja may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave SME9ja, our terms and policies do not govern your use of third-party websites.
Reviews on SME9ja. You may not offer incentives in exchange for company reviews. We will remove reviews where we have evidence that users were compensated to leave reviews.
Special Provisions Applicable to Advertisers This provision applies to all advertisers. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads ("Ad Data") for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers' campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.
Storage Subscription and limitation Each SME with our regular N2,000 subscription shall be entitled to a maximum of 2GB (gigabyte) of storage for upload of pictures, videos, and graphic/image representations. However, if the uploads exceed the 2GB allocated, the SME shall be required to increase their storage capacity by an additional subscription. Otherwise, the system platform shall not permit the upload of any media beyond the allocated 2GB. SMEs are allowed to create more space either by deleting old files, or by increasing their subscription.
Removal of Content. While SME9ja has no obligation to do so, SME9ja reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on SME9ja), or that we deem, in our sole discretion, inappropriate. If you see any Content on SME9ja that you believe violates our policies, you may report that Content by contacting us. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
Copyright Policy.Please see our Copyright Complaint Policy for information about copyright and trademark disputes.
Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from SME9ja; suspending your rights to use SME9ja; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.
We do not claim ownership in any Content that you submit to SME9ja, but you grant us the rights to use such Content as set forth below. By submitting any Content to SME9ja, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to SME9ja's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve SME9ja and to make Content submitted to or through SME9ja available to other companies, organisations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. No compensation will be paid with respect to the Content that you post through SME9ja. You should only submit Content to SME9ja that you are comfortable sharing with others under the terms and conditions of these Terms.
SME9ja contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and SME9ja owns and retains all property rights in SME9ja. If you are a user, we hereby grant you a limited, revocable, non-sublicensable licence under the intellectual property rights licensable by us to download, view, copy and print Content from SME9ja solely for your personal use in connection with using SME9ja. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on SME9ja or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to SME9ja.
SME9ja ® is a registered trademark of AppsHub Global Resources Limited. The trademarks, logos and service marks ("Marks") displayed on SME9ja are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
While availing any of the payment methods offered on SME9ja, SME9ja will not be responsible or assume any liability whatsoever in respect to any loss or damage arising directly or indirectly to you due to:
To ensure that delivery of items sold on SME9ja are delivered in a reasonable amount of time, SME verified businesses must use SME9ja’s Logistic provider. However, if the SME verified business receives an order from a customer and uses another logistics company other than SME9ja’s Logistics provider, the customer will be refunded even if the item has been delivered by the SME to the customer, except when expressly notified by the customer via a notification email. In that case, the customer will be credited by SME9ja.
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents, successors and assigns (collectively, the "SME9ja Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third party due to or otherwise arising from your use of SME9ja, including due to or arising from your breach of any provision of these Terms.
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of SME9ja. We are not responsible for any incorrect, inaccurate, or unlawful Content posted on SME9ja, whether caused by users or by any of the equipment or programming associated with or utilised in SME9ja. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on SME9ja or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with SME9ja.We shall not be responsible for any occurrences of injury, death, or kidnapping arising from a seller-customer relationship. Under no circumstances shall we be responsible for any loss or damage resulting from use of SME9ja or from any Content posted on SME9ja or transmitted to users, or any interactions between users of SME9ja, whether online or offline. SME9ja is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) SME9ja will meet your requirements; (2) SME9ja will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of SME9ja will be accurate or reliable.
You hereby release the SME9ja Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.
IN NO EVENT SHALL THE SME9ja GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF SME9ja, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE SME9ja GROUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF SME9ja (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100). "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You hereby expressly waive and relinquish all rights and benefits under Civil procedural rules in Nigeria and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.
These Terms remain in effect while you use SME9ja and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of SME9ja, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information. All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of SME9ja. For the avoidance of doubt, you agree that these Terms apply to your use of SME9ja and any Content posted on SME9ja platform at any time prior to the termination or expiration of these Terms.
We may revise these Terms from time to time by posting an updated version on SME9ja. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of SME9ja is subject to the most current effective version of these Terms.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from SME9ja. If you intend to propound discovery seeking a user's identifying information, you agree to do so pursuant to a valid Nigeria subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in Nigeria at AppsHub Global Resources Limited., c/o Kordahi Technology, 3 Forcados Street, Apapa, Lagos State. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in the state courts located within Lagos, Nigeria or the federal courts in the Federal Capital Territory, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND SME9ja ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND SME9ja AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Governing Law: These Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of SME9ja, shall be governed by the laws of the Lagos State without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. For any claim, dispute, or other legal proceeding not subject to the "Agreement to Arbitrate" provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within Lagos State or the federal courts in the FCT, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
Agreement to Arbitrate: If you reside in Nigeria, subject to the Exceptions to Arbitration set forth below, you and SME9ja each agree that any and all disputes between consumer users of SME9ja and SME9ja arising under or related in any way to these Terms and such users’ use of SME9ja must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this "Dispute Resolution" section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.
Exceptions to Arbitration: This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against any of the SME9ja Group by companies or other legal entities; or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by any of the SME9ja Group against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (e) a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.
Informal Dispute Resolution: If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice to SME9ja should be sent to the Litigation Dept/Law Firm, Lakinberg Associate (Barristers and Solicitors) Nigeria of No16 Amodu Ojikutu Street, Off Bishop Oluwole Street, Victoria Island, Lagos State. If you have an account on SME9ja, notice to you will be sent to the email address associated with your account. The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If SME9ja and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or SME9ja may commence formal proceeding. Arbitration Procedure. The arbitration will be in English. The arbitration will be governed by the Arbitration and Conciliation Act, 2004 (ACA), if applicable, as modified by this section. The ACA's rules and a form for initiating the proceeding are available at www.nigeria-law.org. Any settlement offer made by you or SME9ja shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Lagos, Nigeria. For any claim where the total amount of the award sought is NGN5,000,000 or less, you and SME9ja may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and SME9ja subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or SME9ja may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognised principles of equity, and will honour all claims of privilege recognised by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same SME9ja user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You must include your name, address (including street address, city, state and postalcode), and the email address(es) associated with the SME9ja account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of this Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts these Terms and this Dispute Resolution section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Provision in these Terms to the contrary, you and we agree that if we make any changes to this "Arbitration" section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and SME9ja. We will notify you of changes to this Arbitration section by posting the changes on SME9ja at least 30 days before the effective date of the changes and by email.
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