Introduction

Welcome to Techmall Web Solutions Limited (Techmall) Website (https://www.techmall.com.ng) which will henceforth be referred to as the “site” for the purposes of this document. Techmall provides products and services to you when you use the site. By using the site, YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE (explained below), LEGAL NOTICES, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on it.

References to the site https://www.techmall.com.ng herein refer to Techmall Web Solutions Limited, or their affiliates, subsidiaries and designees as deemed appropriate by Techmall.

Techmall reserves the right to make changes to the site and its Conditions of Use and Legal Notices at any time. Each time you use the site, you should visit and review the most current Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the site, its content or Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the site. By continuing to use the site after we post any such changes, you accept the Agreement, as modified.

Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on and about the site are prohibited.

Disclaimers and Limitation of Liability

By using the site, you expressly agree that use of the site is at YOUR OWN sole risk. The site is provided on an “AS IS” and “as available” basis. Neither Techmall nor its parent company, affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of this site will be uninterrupted or error-free.

Neither Techmall nor its Associates warrant the accuracy, integrity or completeness of the content provided on this site or the products or services offered for sale on the site. Further, Techmall makes no representation that content provided on the site is applicable to, or appropriate for use in locations outside of Nigeria. Techmall and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Techmall or its Associates shall create a warranty.

Under no circumstances shall Techmall or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the site, including but not limited to reliance by you on any information obtained from the site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, or any other claim, even if an authorized representative of Techmall has been advised of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Techmall Web site.

Intended for Users 18 and Above

While the site contains products that may be deemed useful to, and purchased for, all ages, the site is intended for use by individuals 18 years of age or older. The site is not directed for use by anyone UNDER the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site.

Using the Site

Techmall reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Techmall grants you a non-transferable and revocable license to use this site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.

Data Protection

Any personal information collected in relation to the use of this website will be held and used in accordant with our Privacy Policy, which is available on our Site.

Charges

Membership on Techmall.com.ng.ng is free. Techmall does not charge any fee for browsing and purchases on Techmall.com.ng.ng. However, Techmall reserves the right to charge a fee and change its policies from time to time. In particular, Techmall may at its sole discretion introduce new services and modify some or all of the existing services offered on Techmall. In such an event Techmall reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Techmall. Unless otherwise stated, all fees shall be quoted in Nigerian Naira. You shall be solely responsible for compliance of all applicable laws including those in Nigeria for making payments to Techmall.

Trademarks

Techmall, Techmall Services (Techmall express), the Techmall logos and other graphics, logos, page headers, button icons, scripts, and product and service names included in or made available through any Techmall Service are trademarks or trade dress of Techmall in Nigeria. Techmall’s trademarks and trade dress may not be used in connection with any product or service that is not Techmall’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Techmall. All other trademarks not owned by Techmall that appear on any Techmall Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Techmall.

Electronic communications

When you use certain Techmall Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail, by posting notices on our websites, by delivering notifications through other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your account

If you use any Techmall Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computers and other applicable devices, and you agree to accept responsibility for all activities that occur under your account or password. Techmall Services are not intended for use by children. If you are under 18, you may use Techmall Services only with involvement of a parent or guardian. Techmall reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

Your account may also be restricted or terminated for any reason, at our sole discretion. We may change, restrict access to, suspend, or discontinue the Techmall site, or any portion of the sites, at any time without notice.

By registering an account on the site, you have agreed to receive promotional correspondence from Techmall, although you may choose to opt out of such.

The site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

Certain services and related features that may be made available on this site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you certify that the information you provide on the site is accurate and complete and to promptly update such information as needed.  You will be responsible for the confidentiality of your account and password, all statements made and omissions that occur on your account and for restricting access to your computers and other applicable devices, in a nutshell, you agree to accept responsibility for all activities that occur under your account or password.  If you believe someone has used your password or account without your authorization, you must notify Techmall immediately.

You are prohibited from:

•     Violating or attempting to violate the security of the site;
•     Using any device, software, or routine to interfere or attempt to interfere with the proper working of the site; or
•     Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Techmall or other third party web browsers) to navigate or search the site.

User submissions / content submission

Techmall allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Techmall Site (“Content”).  Content should be written in English.

By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent or legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.

1. License Grant for Submitted Content: If you make any submission to the Techmall Site, you automatically grant, or warrant that the owner of such content has expressly granted Techmall, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed.  Techmall may sublicense its rights through multiple tiers of sublicenses.  You should not submit any Content to us that you do not wish to license to us.  Techmall is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content.  You grant Techmall the right to use the name that you submit in connection with any Content.

2. Prohibited Content: You represent and warrant that you will not submit the following Content:
a)   Content that is false, inaccurate, or misleading;
b)   Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
c)   Content that violates any local, state, federal, or international laws;
d)   Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
e)   Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Techmall in its sole discretion;
f)   Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Techmall;
g)   Chain letters or pyramid schemes;
h)   Content that impersonates another business, person or entity, including Techmall, its related entities, employees and agents;
i)   Content that contains viruses or other harmful computer code;
j)   Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
k)   Content that you were compensated or granted any compensation by any third party unless otherwise authorized by Techmall in writing; or
l)   Content that violates any policy posted on the Techmall Sites, or interferes with the use of the Techmall Sites by others.Although Techmall cannot monitor all Content, you understand that Techmall shall have the right, but not the obligation, to monitor the Content of the Techmall Sites to determine compliance with this Agreement and any other operating rules that may be established by Techmall from time to time.  Techmall shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the Techmall Sites for any reason, including violation of this Agreement, whether for legal or other reasons.  Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify Techmall and its affiliates for all claims resulting from any Content you submit.

Email Abuse & Threat Policy

Private communication, including email correspondence, is not regulated by Techmall. Techmall encourages its Users to be professional, courteous and respectful when communicating by email.

However, Techmall will investigate and can take action on certain types of unwanted emails that violate Techmall policies.

Such instances:

Threats of Bodily Harm – Techmall does not permit Users to send explicit threats of bodily harm.

Misuse of Techmall System – Techmall allows Users to facilitate transactions through the Techmall system, but will investigate any misuse of this service.

Spoof (Fake) email – Techmall will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through ‘Contact Us’ tab.

Spam (Unsolicited Commercial email) – Techmall ‘s spam policy applies only to unsolicited commercial messages sent by Techmall Users. Techmall Users are not allowed to send spam messages to other Users.

Techmall policy prohibits user-to-user threats of physical harm via any method including, phone, email and on our public message boards.

Violations of this policy may result in a range of actions, including:

  1. Limits on account privileges
  2. Account suspension
  3. Cancellation of listings
  4. Loss of special status

Other Businesses

Techmall does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, Techmall assumes no responsibility for examining or evaluating the products and services offered by them. Techmall does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Techmall does not endorse, in any way, any third party website(s) or content thereof.

Copyright and Copyright Complaints

All intellectual property rights, whether registered or unregistered, in the site, information content on the site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property.

The entire contents of the site also are protected by copyright as a collective work under Nigeria copyright laws and international conventions. All rights are reserved.

Techmall respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send an email to[email protected] detailing any infringement to your copyright.

Errors on our site

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Techmall reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and received. If your credit card or any other means of payment has already been charged for the purchase and your order is cancelled, Techmall will credit your account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Techmall’s Return Policy.

Product Display / Colours

The site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour, as the display of the colour depends, in part, upon the monitor you are using. Where available, rely on the colours available as may be specified in the description of the product or specifically specify the colour you would like upon ordering for a particular product.

Pricing Policy

Online prices and offers are subject to change.

“List Price” means the suggested retail price of a product as provided by us. We regularly check List Prices against prices recently found on Techmall. Certain products may have a “List price” displayed, which is determined using recent price history of the product on Techmall.

We are determined to provide the most accurate pricing information on the site to our users; however, pricing errors may occur on the Techmall Site. In the event that an item is mispriced, or If the correct price of an item sold by Techmall is higher than our stated price on the website, we reserve the right to refuse or cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Techmall has been issued.

Please note that there are cases when an order cannot be processed for various reasons. The site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment received.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

Techmall low price guarantee

Techmall offers a generous and competitive price match guarantee.

Techmall affiliate program

Techmall Affiliate Program is a great way for you to earn commissions by placing product banners or links on your website to refer users to the Techmall.com.ng.ng website. You can earn up to 15% every time a user clicks on the banner/link and makes a purchase on our site. Refer visitors from your website to Techmall.com.ng.ng using a host of professionally designed tools. You earn money whenever visitors follow links from your website to Techmall.com.ng.ng, and make purchase(s). With the range of options that the Affiliate program arms you with, you will find multiple avenues to link up your website with Techmall.com.ng.ng. Add rich customized content to spruce up and add value to your website. The low-risk, high-reward environment for both parties makes for an offer that you cannot let go of.

For a product sale to be eligible to earn a referral fee, the customer must click-through a Special Link on your site to the Techmall Site and during a single session, add the Product to his or her shopping cart then proceed to purchase.

The session begins when the customer clicks through a Special Link on your site to the Techmall Site and ends upon the first to occur of the following events:

  • 24 hours elapse from the customer ‘s initial click-through
  • The customer places an order for a product
  • The customer follows a third party link to the Techmall Site that is formatted with an Associates tag
  • We will only pay referral fees on eligible products after order, payment, and shipping.

Software Sales

All software sales are final once package has been opened. We will replace damaged package if fault is found to be from us.

Order Acceptance / Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Techmall site reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Paying for Your Order / Payment

You may pay for your orders using our POS and cash-on-delivery (if in Lagos and item cost is below N200,000) or deposit into our account as listed on the site. For POS payment, we accept all cards.

While availing any of the payment method/s available on the Website, 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. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s

All payments made against the purchases/services on the Website by you shall be compulsorily in Naira acceptable in Nigeria. Techmall Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Before shipping / delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Further:

  1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between the customer and Techmall and payment facility is merely used by the the customer and Techmall to facilitate the completion of the Transaction. Use of the payment facility shall not render Techmall liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Techmall’s Website.
  2. You have specifically authorized Techmall or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Techmall is on a principal to principal basis and by accepting these Terms of Use you agree that Techmall is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Techmall’s Website that are paid for by using the Payment Facility.
  3. You understand, accept and agree that the payment facility provided by Techmall is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Techmall Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Techmall is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Risk of loss

All items purchased from Techmall are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with Techmall until the item is transferred to You. In the event that the items are damaged after receipt, the risk falls on the validated consignee, recipient or Customer.

Disputes (Resolution) Policy

Overview

At Techmall, we have a Dispute Resolution process in order to resolve disputes between us and our customers.

Any dispute or claim relating in any way to your use of any Techmall Service, or to any products or services sold or distributed by Techmall or through techmall.com.ng will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement

First off, what is a ‘dispute’?

A ‘Dispute’ can be defined as a disagreement between us and a buyer in connection with a transaction on the Website.

How is a ‘dispute’ created?

Whenever there is a disagreement, the customer can write to [email protected] in order to raise a dispute. Disputes can be raised at a particular transaction level.

What are the various types of ‘disputes’?

Following are the indicative examples of potential disputes:

  1. Wrong item received
  2. Item Not as described
  3. Damaged or Seal broken on Product
  4. Part/Accessory missing
  5. Item not Compatible
  6. Wrong Description/Specification
  7. Defective (Functional issues)
  8. Product not working and Manufacturer claims invalid Invoice

Return policy

All sales made through the Techmall site are subject to Techmall’s return policy.

Order limitations

Techmall reserves the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.

Shipping

All orders placed on this site are subject to product availability and will be shipped according to Techmall’s shipping policies.

In the rare event that your order never arrives, notification of lost items must be received within 30 days from receipt of the shipping confirmation e-mail.

Please review the product’s delivery information for additional information on shipping times, rates and policies.

Indemnification

You agree to defend, indemnify, and hold harmless Techmall and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the site or any breach by you of this Agreement.

Termination of Use

Techmall may, in its sole discretion, terminate your account or your use of the site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Techmall reserves the right to change, suspend or discontinue all or any aspects of the Techmall Web site at any time without prior notice.

Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.

Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.

If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Techmall Web Solutions Limited in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

Applicable Law and Jurisdiction

These Terms and Conditions shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.

Arbitration

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004 as amended, replaced or re-enacted from time to time.

The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.