Customer Service
This document is an
electronic record in terms of National Information Technology Development
Agency Act, 2007 and rules there under as applicable and the amended provisions
pertaining to electronic records in various statutes as amended by the National
Information Technology Development Agency Act, 2007. This electronic record is
generated by a computer system and does not require any physical or digital
signatures.
Your use of the Jerxpress.com
website www.Jerxpress.com (hereinafter referred to as "Jerxpress.com.")
and tools are governed by the following terms and conditions as applicable to Jerxpress.com.
If you transact on Jerxpress.com, you shall be subject to the policies that are
applicable to the website for such transaction. By mere use of the website you
shall be contracting with Jerxpress Online Shopping Limited, a company
incorporated under Companies and Allied Matters Act, 2004 with head office at Alhaji
Shokoya Street, Oshodi, Nigeria and these terms and conditions constitute your
binding obligations.
For the purpose of
these terms of use, wherever the context so require, ‘You’ shall mean any
natural or legal person who has agreed to become a member of the Website by
providing Registration Data while registering on the Website as a Registered
User.
When you use any of
the services provided by Jerxpress.com, including but not limited to, (e.g.,
Customer Reviews), you will be subject to the rules, guidelines, policies,
terms, and conditions applicable to such service, and they shall be deemed to
be incorporated into this Terms of Use and shall be considered as part and
parcel of this Terms of Use. Jerxpress.com reserves the right, at its sole
discretion, to change, modify, add or remove portions of these Terms of Use, at
any time. It is your responsibility to check these Terms of Use periodically
for changes. Your continued use of the Site following the posting of changes
will mean that you accept and agree to the changes. As long as you comply with
these Terms of Use, Jerxpress Online Shopping, grants you a personal,
non-exclusive, non-transferable, limited privilege to enter and use the Site.
ACCESSING, BROWSING OR
OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND
CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
PROCEEDING
Membership Eligibility
Use of the Jerxpress
Website is available only to persons who can form legally binding contracts
under Nigerian governing laws. If you are a minor i.e. under the age of 18
years, you shall not register as a member of Jerxpress.com and shall not
transact or use Jerxpress.com website. As a minor if you wish to use or
transact on Jerxpress.com, such use or transaction may be made by your legal
guardian or parents who have registered as users of Jerxpress.com. Jerxpress.com
reserves the right to terminate your membership and refuse to provide you with
access to Jerxpress.com if it is brought to Jerxpress Online Shopping notice or
if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
If you use Jerxpress.com,
you shall be responsible for maintaining the confidentiality of your User ID
and Password and you shall be responsible for all activities that occur under
your User ID and Password. You agree that if you provide any information that
is untrue, inaccurate, not current or incomplete that Jerxpress.com has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, or not in accordance with this Terms of Use, Jerxpress.com
has the right to indefinitely suspend or terminate or block access of your
membership with Jerxpress.com and refuse to provide you with access to the
Website.
Communications
When you use the
Website or send emails or other data, information or communication to Jerxpress.com,
You agree and understand that you are communicating with Jerxpress.com through
electronic records and You consent to receive communications via electronic
records from Jerxpress.com periodically. Jerxpress.com may communicate with you
by email or by such other mode of communication, electronic or otherwise.
Charges
Membership on Jerxpress.com
is free. Jerxpress.com does not charge any fee for browsing and buying on Jerxpress.com.
However, Jerxpress.com reserves the right to charge a fee and change its
policies from time to time. In particular, Jerxpress.com may at its sole
discretion introduce new services and modify some or all of the existing
services offered on Jerxpress.com. In such an event Jerxpress.com 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 Jerxpress.com. 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 Jerxpress.com.
Use of Jerxpress.com Website
You agree, undertake
and confirm that your use of Jerxpress.com shall be strictly governed by the
following binding principles:
You shall not host,
display, upload, modify, publish, transmit, update or share any information
that:
Jerxpress reserves the
right, but has no obligation, to monitor the materials posted on Jerxpress.com
website. Jerxpress shall have the right to remove or edit any Content that in
its sole discretion violates, or is alleged to violate, any applicable law or
either the spirit or letter of these Terms of Use. Notwithstanding this right
of Jerxpress.com,
YOU REMAIN SOLELY
RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE Jerxpress.com
WEBSITE AND IN YOUR PRIVATE MESSAGES.
Please be advised that
such Content posted does not necessarily reflect the views of Jerxpress.com. In
no event shall Jerxpress assume or have any responsibility or liability for any
Content posted or for any claims, damages or losses resulting from use of
Content and/or appearance of Content on Jerxpress.com. You hereby represent and
warrant that you have all necessary rights in and to all Content you provide
and all information it contains and that such Content shall not infringe any
proprietary or other rights of third parties or contain any libelous, tortious,
or otherwise unlawful information
Your correspondence or
business dealings with, or participation in promotions of, advertisers found on
or through Jerxpress.com, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. Jerxpress
shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such
advertisers on Jerxpress.com.
It is possible that
other users (including unauthorized users or “hackers”) may post or transmit
offensive or obscene materials on Jerxpress.com and that you may be
involuntarily exposed to such offensive and obscene materials. It is possible
that other users (including unauthorized users or “hackers”) may post or
transmit offensive or obscene materials on Jerxpress.com and that you may be
involuntarily exposed to such offensive and obscene materials. It also is
possible for others to obtain personal information about you due to your use of
Jerxpress.com, and that the recipient may use such information to harass or
injure you. Jerxpress does not approve of such unauthorized uses but by using
the Jerxpress.com Website you acknowledge and agree that Jerxpress will not be
responsible for the use of any personal information that you publicly disclose
or share with others on Jerxpress.com. Carefully select the type of information
that you publicly disclose or share with others on Jerxpress.com.
Jerxpress shall have
all the rights to take necessary action and claim damages that may occur due to
your involvement/participation in any way on your own or through a group(s) of
People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of
Services).
Contents Posted on Site
All text,graphics,user
interfaces,visual interfaces, photographs,trademarks,logos,sounds,music,artwork
and computer code (collectively, “Content”), including but not limited to the
design, structure, selection, coordination, expression, “look and feel” and
arrangement of such Content,contained on Jerxpress.com is owned,controlled or
licensed by or to Jerxpress Online Shopping Limited, and is protected by trade
dress, copyright, patent and trademark laws, and various other intellectual
property rights and unfair competition laws.
Except as expressly
provided in these Terms of Use, no part of Jerxpress.com and no Content may be
copied,reproduced,re-published,uploaded,posted,publicly displayed, encoded,
translated, transmitted or distributed in any way (including “mirroring”) to
any other computer, server, website or other medium for publication or
distribution or for any commercial enterprise,without Jerxpress’s express prior
written consent.You may use information on Jerxpress.com products and services
purposely made available by Jerxpress.com for downloading from the
site,provided that you
You shall be
responsible for any notes, messages, e-mails, billboard postings, photos,
drawings, profiles, opinions, ideas, images, videos, audio files or other
materials or information posted or transmitted to the Sites
(collectively,Content"). Such Content will become the property of Jerxpress
and you grant Jerxpress Online Shopping Limited the worldwide, perpetual and
transferable rights in such Content. Jerxpress shall be entitled to, consistent
with our Privacy Policy, use the Content or any of its elements for any type of
use forever, including but not limited to promotional and advertising purposes
and in any media whether now known or hereafter devised, including the creation
of derivative works that may include Content you provide. You agree that any
Content you post may be used by Jerxpress, consistent with our Privacy Policy
and Rules of Conduct on Site as mentioned herein, and you are not entitled to
any payment or other compensation for such use.
Other Businesses
Jerxpress does not
take responsibility or liability for the actions, products, content and
services on Jerxpress.com website, which are linked to Affiliates and / or
third party websites using Jerxpress.com APIs or otherwise. In addition, Jerxpress.com
may provide links to the third party websites of affiliated companies and
certain other businesses for which, Jerxpress assumes no responsibility for
examining or evaluating the products and services offered by them, and Jerxpress
does not warrant the offerings of, any of these businesses or individuals or
the content of such third party website(s). Jerxpress.com does not in any way
endorse any third party website(s) or content thereof.
Links
Jerxpress.com welcomes
links to this site. You may establish a hypertext link to Jerxpress.com
website, provided that the link does not state or imply any sponsorship or
endorsement of your site by Jerxpress.com. You must not use on your site or in
any other manner any trademarks, service marks or any other materials appearing
on Jerxpress.com, including any logos or characters, without the express
written consent of Jerxpress.com and the owner of the mark or materials. You
must not frame or otherwise incorporate into another third party website or
present in conjunction with or juxtaposed against such a website any of the
content or other materials on the Jerxpress.com website without Jerxpress’s
prior written consent.
Privacy
We view protection of
Your privacy as a very important principle. We understand clearly that you and
Your Personal Information is one of our most important assets. We store and
process Your Information on computers that may be protected by physical as well
as reasonable technological security measures and procedures in accordance with
Information Technology Act 2000 and rules there under. Our current Privacy
Policy is available at Privacy-policy.
If you object to your Information being transferred or used in this way, please
do not use Jerxpress.com websiteInformation submitted may be made available to Jerxpress
partners who can in turn use it for verification purposes
MANDATORY DECLARATION
Disclaimer Of Warranties And Liability
This website, all the
materials and products (including but not limited to software) and services,
included on or otherwise made available to you through this site are provided
on Jerxpress.com on “as is” and “as available” basis without any representation
or warranties, express or implied except otherwise specified in writing.
Without prejudice to the forgoing paragraph, Jerxpress.com does not warrant
that:
Jerxpress will not be
liable to you in any way or in relation to the contents of, or use of, or
otherwise in connection with, Jerxpress.com website.
Jerxpress does not
warrant that this site; information, content, materials, product (including
software) or services included on or otherwise made available to you through Jerxpress.com
website; their servers; or electronic communication sent from Jerxpress.com are
free of viruses or other harmful components
Nothing on Jerxpress.com
constitutes, or is meant to constitute, advice of any kind.
All the products sold
on Jerxpress.com are governed by laws of The Federal Republic of Nigeria and if
Jerxpress is unable to deliver such products due to implications of the laws, Jerxpress
will return or will give credit for the amount received by Jerxpress from the
sale of such product, which could not be delivered to you.
You will be required
to enter a valid phone number while placing an order on Jerxpress.com. By
registering your phone number with us, you consent to be contacted by Jerxpress
via phone calls and / or SMS notifications, in case of any order or shipment or
delivery related updates. Jerxpress will not use your personal information to
initiate any promotional phone calls or SMS'.
Services
While availing any of the payment method(s)
offered at Jerxpress.com, Jerxpress.com will not be responsible or assume any
liability, whatsoever in respect of any loss or damage arising directly or
indirectly to you due to:
All payments made against the
purchases/services on Jerxpress.com by you shall be compulsorily in Nigerian
Naira acceptable by the Central Bank of Nigeria. Jerxpress.com does not accept
any other form of currency with respect to the purchases made on Jerxpress.
The Wallet ("Wallet") is a pre-paid
payment instrument which is associated with your Jerxpress.com account. You can
maintain a balance of money with Jerxpress.com and redeem it at your
convenience.
Jerxpress.com will not pay any interest on the
amount maintained by you in your Wallet.
Refill of Wallet: Your Wallet can be refilled,
using any of the pre-paid payment options only. You will be able to recharge
your Wallet up to an amount of N1,000,000 in one instance. There is no need to
maintain a minimum balance.
Refund of Wallet Amount: Your wallet comprises
of three types of balances - Store credit (which is a credit granted by Jerxpress.com
typically in lieu of a cancelled order), Topped-up balance (which is a prepaid
amount that you added to wallet to pay for future orders on Jerxpress.com) and
Promotional balance (which is credit granted by Jerxpress.com purely for promotional
or goodwill purposes). Topped-up balance (prepaid amount) as well as the
Promotional balance added to the Wallet will be non-refundable While Store
credit will continue to be entirely refundable.
Limitation of Liability: In no event will Jerxpress.com
be 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.
Without limiting other remedies, Jerxpress.com
may limit your activity, immediately remove your information, warn other Users
of your actions, immediately temporarily/indefinitely suspend or terminate or
block your membership, and/or refuse to provide you with access to Jerxpress.com
website in the event, but not limited to:
Jerxpress.com may at any time at its sole
discretion reinstate suspended users.A User that has been suspended or blocked
may not register or attempt to register with Jerxpress.com or use Jerxpress.com
Website in any manner whatsoever until such time that such User is reinstated
by Jerxpress.com.Notwithstanding the foregoing, if you breach the Terms of Use
or Privacy Policy or other rules and policies, Jerxpress.com reserves the right
to recover any amounts due and owing by you to Jerxpress.com 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.
You shall indemnify and hold harmless Jerxpress.com
its owner, licensee, affiliates, subsidiaries, group companies (as applicable)
and their respective officers, directors, agents, and employees, from any claim
or demand, or actions including attorneys' fees, made by you or any third party
or penalty imposed due to or arising out of your use of the goods or services,
or in the event you breach this Terms of Use, the Privacy Policy and other
Policies, or your violation of any law, rules or regulations or the rights of a
third party on Jerxpress.com
This Agreement shall be governed by and
interpreted and construed in accordance with the laws of The Federal Republic
of Nigeria. The place of jurisdiction shall be exclusively in Lagos, Nigeria.
Unless otherwise specified, the material on Jerxpress.com
is presented solely for the purpose of sale in Nigeria. Jerxpress makes no
representation that materials/services in Jerxpress.com are appropriate or
available for use in other locations/Countries other than Nigeria. Those who choose
to access this site from other locations/Countries other than Nigeria do so on
their own initiative and Jerxpress is not responsible for supply of
goods/availability of services, refund for the goods or services ordered from
other locations/Countries other than Nigeria, compliance with local laws, if
and to the extent local laws are applicable.
This site is controlled and operated by Jerxpress
Online Shopping Limited. All material on this site, including images, illustrations,
audio clips, and video clips, are protected by copyrights, trademarks, and
other intellectual property rights that are owned and controlled by us or by
other parties that have licensed their material to us. Material on Jerxpress.com
web site owned, operated, licensed or controlled by us is solely for your
personal, non-commercial use. You must not copy, reproduce, republish, upload,
post, transmit or distribute such material in any way, including by e-mail or
other electronic means and whether directly or indirectly and you must not
assist any other person to do so. Without the prior written consent of the
owner, modification of the materials, use of the materials on any other web
site or networked computer environment or use of the materials for any purpose
other than personal, noncommercial use is a violation of the copyrights,
trademarks and other proprietary rights, and is prohibited. Any use for which
you receive any remuneration, whether in money or otherwise, is a commercial
use for the purposes of this clause.
We at Jerxpress respect the intellectual
property of others. In case you feel that your work has been copied in a way
that constitutes copyright infringement you can write to us at help@Jerxpress.com
All items purchased from Jerxpress.com are
made pursuant to a shipment contract. This means that the Risk of Loss shall
remain with Jerxpress until the item is transferred to You. In the event that
the items are damaged after receipt, the risk falls on the customer.
Jerxpress.com tries to be as accurate as
possible.However, Jerxpress.com does not warrant that product or service
description or other content of this site is accurate, complete, reliable,
current, or error-free. If a product or service offered on Jerxpress.com itself
is not as described, your sole remedy is to return it in unused condition.
If Jerxpress.com comes across any difference
in pricing resulting from typographic errors with regards to pricing or
product/service information, Jerxpress.com shall have the right to rectify the
same or cancel the order(s) and refund monies, if any, collected from the
customer within 10-15 business days of such corrective action taken. The mode
of refund will be the same as at the time of placing the order. Cash on
Delivery order refunds will be done by cheque.
Jerxpress.com reserves the right to cancel any
order without any explanation for doing so, under situation where Jerxpress.com
is not able to meet the requirement of the order placed or order so
placed/cancelled does not comply with the Jerxpress.com policy or for any
reason. However, Jerxpress.com will ensure that any communication of
cancellation of an order is intimated within appropriate time to the concerned
person and any applicable refund, will be made in reasonable time.
Note that in the event of cancellation of a
‘pay on delivery’ orders, Jerxpress will not be liable in any form where the
customer proceeds to receive orders following an earlier cancellation.
Jerxpress.com reserves the absolute right to modify,
discontinue, temporarily or permanently, any and all portion of our goods and
services with or without prior communications. You hereby consent that Jerxpress.com
will under no circumstance be liable to you or any third party for any
modification or discontinuance of availability of goods or services on the
website.
IN NO EVENT SHALL Jerxpress.com BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN
CONNECTION WITH THIS AGREEMENT, EVEN IF Jerxpress.com HAS BEEN INFORMED IN
ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
JERXPRESS’S AGGREGATE LIABILITY TO YOU, ANY
INDIVIDUAL OR ANY THIRD PARTY IN ANY MATTER ARISING HEREFROM, RELATED OR
CONNECTED TO OUR GOODS AND SERVICES IS AT THE COMPANY’S SOLE DISCRETION.
TERMS AND CONDITIONS FOR EATERIES FOOD AND DRINK OUTLET MERCHANTS
GIFT CERTIFICATES & TERMS AND CONDITIONS FOR NON-EATERIES MERCHANT GIFT
CERTIFICATES
This section of our
terms and conditions covers;
Section A: “TERMS AND
CONDITIONS FOR EATERIES, CAFES AND FOOD AND DRINK OUTLET MERCHANT GIFT
CERTIFICATES” while
Section B: “TERMS AND
CONDITIONS FOR NON-EATERIES MERCHANT GIFT CERTIFICATES”.
SECTION A -TERMS AND
CONDITIONS FOR EATERIES, FOOD AND DRINK OUTLET MERCHANT GIFT CERTIFICATES
The terms and
conditions in this section A and all other Terms and Conditions applicable to
you as a Merchant govern all Merchants on Jerxpress.com who sell a variety of
edibles and beverages as its type of business and makes such available to
Customers via Jerxpress.com by giving the customers the opportunity to purchase
same via Vouchers on Jerxpress.com.
Every Voucher
purchased by a customer on Jerxpress.com will clearly have printed on it the
number of times it can be redeemed. Please note that this is pre-determined by
the Merchant and Restaurant.
Note the following;
· The above certificate might not be eligible
for alcoholic beverages unless the Eatery expressly permits same, taking into
cognizance all restrictions on alcohol as stipulated by the governing law.
· These Gift Certificates must not be used for
tips, taxes, prior balances etc. unless the Resturant/Merchant expressly
permits the same. The Merchant or Restaurant will not be responsible for lost,
stolen certificates or their reference numbers.
· Gift Certificates may only be used as
stipulated on the coupon (i.e. “Dine in Only” or “Take-away”)
· All Gift Certificates are void to the extent
prohibited by law.
· The Eatery is at liberty to determine whether
Vouchers purchased here in can be used in conjunction with any other gift
certificate, coupons etc.
· No one has the right to purchase from the Jerxpress.com
platform and resell same to individuals.
· In the event a Customer decides to redeem his
Eatery Certificate without abiding with all terms and conditions herein stated,
the gift certificate will be rendered invalid.
· All Jerxpress.com offers are governed by the
validity dates specified on the Vouchers.
· As earlier stated all vouchers for eateries
may have statutory limitations on the amount of the voucher value which can be
used to redeem alcohol. All Merchants must therefore comply with same.
· A Merchant must have complied with all
statutory requirements before enlisting their vouchers for purchase on Jerxpress.com.
Jerxpress will not be held responsible for lack of compliance on the part of
the Merchant.
· All Jerxpress offers (including but not
limited to discounts, upon expiration of the date specified in the offer
becomes invalid.
Section B: “TERMS AND
CONDITIONS FOR NON-EATERIES MERCHANT GIFT CERTIFICATES”.
· Only one certificate may be used per order,
except this is expressly stated otherwise by the Merchant.
· All Merchant Gift Certificate purchased on Jerxpress.com
strictly apply to products found thereon, this will therefore not suffice for
shipping fees.
· The Merchant is at liberty to offer credit if
he wishes unless otherwise required by law.
· In the event a customer misplaces (i.e.
whether stolen or lost) his or her voucher, or reference number neither the
Merchant nor Jerxpress will be held responsible for same.
· No one has the right to purchase from the Jerxpress.com
platform and resell same to individuals.
· In the event a Customer decides to redeem his
Gift Certificate without abiding with all terms and conditions herein stated,
the gift certificate will be rendered invalid.
· All Gift Certificates are void to the extent
prohibited by law.
· Gift Certificates cannot be combined with any
other gift certificates, including but not limited to coupons, promotions,
third party certificates etc., unless otherwise expressly specified by
Merchant.
· All Jerxpress offers (including but not
limited to discounts), upon expiration of the date specified in the offer
becomes invalid.
Please note that all Merchants who already
have goods and services, or Prospective Merchants who have sent in request to
have their goods and services uploaded or advertised on Jerxpress.com in order
to conduct transactions, including but not limited to;
Advertising Services offered by Jerxpress.com include, but are
not limited to the display of certain goods, services and information about
your business from time to time, splashing adverts, direct calls to you and
sending certain information to users of Jerxpress.com via different means (i.e.
SMS messages or emails).
All vouchers purchased and thereafter printed from the Jerxpress.com
platform are strictly promotional vouchers which are offered at prices below
their face value and thereafter purchased by customers.
In light of the above they are subject to all
Terms and Conditions of Jerxpress Online Shopping Limited as stipulated on this
page and also the Terms and Conditions and Redemption Policies of the Merchant
or Restaurant. All customers who intend to purchase on the Jerxpress.com
platform are subject to the specific limitations in relation to the goods or
services. (i.e. if a Merchant specifies that only one Jerxpress.com Voucher
maybe purchased by a customer, the customer must abide by same, if the customer
goes ahead to purchase more than stipulated and tries to redeem the excess, the
Merchant is at liberty to refuse redemption of same without paying any
compensation or refund whatsoever to the customer. In such an instance Jerxpress.com
will not compensate the customer for any such contraventions, neither will the
customer receive a refund in relation to the purchase.
An Eatery Specific Gift Voucher is strictly
issued by that Eatery, who is also a Merchant on our platform and not Jerxpress.
The Eatery or Merchant is therefore fully responsible for any and all injuries,
illnesses, damages, claims, liabilities and costs suffered by or in respect of
a customer, caused in whole or in part by the restaurant or the merchant, as
well as for any unclaimed property liability arising from unredeemed Vouchers.
Eatery -Specific Vouchers and Merchant Vouchers are redeemable “as is” only and
may not be redeemed incrementally.A Jerxpress.com Voucher can only be redeemed
at the cash value paid by the customer for it (i.e. if you paid N500.00 for a Jerxpress
Voucher, but the voucher gives you N3000.00 of value to the Merchant, the cash
value that you paid is N500.00 as opposed to the authentic value/actual value
of N3000.00).Please note all expiration dates on Vouchers are valid and
therefore govern the last date which you can use the VOUCHER, in the event you
do not redeem your voucher before the expiration, you automatically forfeit
same, unless the law provides otherwise.
The Terms and Conditions and Privacy Policy as
provided herein by Jerxpress including but not limited to other guiding
policies for Jerxpress.com constitute the entire agreement between the parties
with respect to the subject matter hereof. In the event Jerxpress or you decide
to waive any breach or default hereunder, the waiver will not suffice for any
preceding or subsequent breach or default. The failure of either party to
exercise any of its rights under this Agreement shall not be deemed a waiver or
forfeiture of such rights or any other rights provided hereunder. The failure
of either party to insist immediately upon the strict compliance and or
performance of any of the terms and conditions herein breached shall not
constitute a waiver of the right of either party, or constitute acquiescence
therein and the same shall not affect or impair the later exercise of such
right or be presumed to vary this terms and conditions in any manner
whatsoever.When you place an order on Jerxpress.com for goods or services, you
hereby make an offer to us for the purchase of the goods or the vouchers for
services. For more information, please view our privacy policy. Please note
that all your purchases are either directly from Jerxpress.com if the item is
“Sold by Jerxpress”, or from a Merchant in the event the goods or services are
offered by the Merchant.In light of the above, goods or services sold by a
Merchant are strictly redeemable from Merchants while those sold by Jerxpress
are redeemable from Jerxpress.
Please send any questions or comments (including
all inquiries unrelated to copyright infringement) regarding this Site to help@Jerxpress.com or
to our office at 3B Cocoa Road,off Akilo Road, Ogba Lagos.
Merchant Service Agreement
Introduction
As a demonstration of
our commitment to Nigeria and Nigerian entrepreneurs, Jerxpress Online Shopping
Limited (“Jerxpress”, “us”), Nigeria’s Largest Online Mall opened up its online
platform (“Mall”) to Nigerian businesses to enable merchants sell their
products, giving instant nationwide access to their products. Merchants can
also enjoy all the benefits that come with having an online store by being able
to sell their products and offer services to customers all over Nigeria.
Businesses that sign up to Jerxpress’s Mall will have a free microsite provided
for them, and Jerxpress will provide additional value-added services including
but not limited to marketing, customer service and logistics partnerships to
cater for customers in all 36 states in Nigeria as well as Abuja. Jerxpress
will also provide dedicated account managers to all merchants. Merchants can
greatly increase sales and revenue by partnering with us, while we worry about
getting their products to customers all over Nigeria. We also provide
convenient payment terms for the proceeds of merchants’ sales. Jerxpress offers
its customers both prepaid and pay-on-delivery payment options for goods
purchased. All merchants have to do to enjoy all these benefits is to review
and accept the terms and conditions of the Jerxpress Mall Service Agreement
below. Jerxpress reserves the right to alter these Terms & Conditions at
any point without notice, by updating the content on the Jerxpress website.
Agreement
In consideration of
the mutual covenants set forth in this Agreement, Seller and Jerxpress (jointly
referred to as “Parties” and individually as a “Party”) hereby agree as
follows:
Services Rendered
The Seller agrees to compensate Jerxpress for
the services rendered listed in section 2 below (“Services”).
Delivery of Services
Jerxpress will use reasonable diligence in
rendering the Services offered to the Seller, which include the following:
- Online storefront tailored to the Seller
with payment gateway and escrow service at Jerxpress.com;
- Access to SellerHQ and other account
management systems;
- Access to a dedicated account officer and
other account management services;
- Access to logistics partners;
- Provision of analytics;
- Seller Services Helpline Number (Mon – Fri;
08:00 – 18:00)
- E-marketing, and other marketing services as
available and appropriate.
Jerxpress may at its sole discretion add or
remove Services from the above list from time to time and some of the new
services may attract separate charges, in which case the Seller will be
informed before provision of the said services.
Jerxpress reserves the right to alter or vary
the available Services, the nature of the Services and any charges at its sole
discretion.
The Seller agrees to use reasonable diligence
in providing Jerxpress with genuine products, up-to-date product quantity
information and accurate product information.
Compensation
For all of the Services provided by Jerxpress
under this Agreement, the Seller shall compensate Jerxpress, with commissions
or other payments as required, in accordance with the terms of the ‘Commission
Structure’, which will be communicated to all sellers; or agreed in advance
between both parties, or detailed elsewhere on the Jerxpress website.
Every Merchant shall have an opening/ minimum
balance of N10, 000.00 (Ten Thousand Naira) only in his/her Jerxpress Wallet
upon registration with Jerxpress. Jerxpress shall have the right to deduct
commissions for all “Self-fulfilled Orders” directly from the Merchant’s Jerxpress
Wallet or from his/her designated Bank Account in the event his/her wallet is
empty.
Jerxpress will from time to time review the
category commission structure and will notify the Seller of any changes by
communicating directly to sellers, or publishing the same on the “Vendors Commision
Fee”, or on Jerxpress’s website not less than fourteen (14) days before any
variation in commission rate or charging structure takes place. Jerxpress will
remit payments for sales generated by the Seller on its platform minus the
agreed commission on demand and all applicable taxes as soon as products sold
have been delivered and applicable return period has lapsed, or as agreed
between the Parties.
Confidentiality
The Seller and Jerxpress acknowledge and agree
that the scope of work and all other documents and information related to the
development of the Services (the “Confidential Information”) will constitute
valuable trade secrets of Jerxpress. Seller shall keep the Confidential
Information in confidence and shall not at any time during or after the terms
of this agreement, without Jerxpress’s prior written consent, disclose or
otherwise make available to anyone, either directly or indirectly, all or any
part of the Confidential Information. Excluded from the “Confidential
Information” definition is anything that can be seen by the public.
Independent Contractor
Jerxpress shall be deemed as an independent
contractor. Jerxpress will be fully responsible for payment of its own income
taxes on all compensation earned under this Agreement. Seller will not withhold
or pay any income tax, social security tax, or any other payroll taxes on Jerxpress’s
behalf. Jerxpress is also not responsible for remitting or paying VAT (Value
Added Taxes) on behalf of the Seller. Jerxpress understands that it will not be
entitled to any fringe benefits that Seller provides for its employees
generally or to any statutory employment benefits, including without
limitation, worker’s compensation or unemployment insurance.
Entire Agreement
This Agreement contains the entire agreement
between the Parties relating to the subject matter hereof and supersedes any
and all prior agreements or understandings, written or oral, between the
parties related to the subject matter hereof. Jerxpress reserves the right to
alter these terms and conditions at any point without notice, by updating the
content on the Jerxpress website.
Indemnification
Seller warrants that everything it gives Jerxpress
to use in the delivery of the Services or any deliverable is legally owned or
licensed to the Seller. The Seller agrees to indemnify and hold Jerxpress, its
employees and associates harmless from any and all claims brought in the
performance of the Services.
Seller shall indemnify and hold JERXPRESS
harmless in respect of any action that may be taken against it, or any claims
that may be brought against it, for whatever reason and of whatever nature –
including, but not limited to, breach of law, regulation and/or any of the
obligations and warranties under this Contract – by any third party in respect
of the Contents and/or the Services and/or any and all activities related and
connected to the Contents and/or the Services, irrespective of any direct
liability of the Seller (“Third Party Claim”).
Limitation of Liabilty
A) Not withstanding applicable returns policy,
Merchant further covenants to:
- Pick up fresh returned orders from the Jerxpress
Pick Up Centres within 7 days of notification of such return via sms or e-mail,
failing which, the order will be sent back to Jerxpress’s Warehouse and another
notification to the merchant to request for the delivery of same at Jerxpress
rates.
-If the item remains unrequested for a while
at the Jerxpress Warehouse, Jerxpress shall send a notification of the daily
cost of demurrage to the merchant at N200.00.
- If the merchant fails to respond after 10
days, Jerxpress shall notify merchant by sending reminder emails or SMSs every
day, for an extra 4 days.;
- In the event that the goods are not picked
up from the Pick Up Centres after 7 days and still remain un-requested for
after 14 days elapses, such Merchant goods shall be destroyed by Jerxpress.
B) Merchant agrees to indemnify, defend and
hold harmless Jerxpress against and from any third party claims (including
reasonable legal or arbitration costs) arising from:
The Seller hereby authorizes Jerxpress to
set-off by whatever means the whole or any part of Seller’s liabilities to Jerxpress
or its customers under this Agreement (or any other contract with us) against
any funds or goods credited to or owing to the Seller under this Agreement (or
any other contract with us). Jerxpress may exercise this right of set-off at
any time, without notice to the Seller, whether either liability is present or
future, cash or assets, and whether or not either liability arises under this
Agreement. If the liabilities to be set off are expressed in different
currencies or forms, Jerxpress may convert either liability at a market rate of
exchange for the purpose of set-off. In the event such set-off does not fully
reimburse Jerxpress for the amount owed, the Seller shall immediately pay Jerxpress
such outstanding amount. The Seller shall hold harmless any financial
institution that follows our request pursuant to this clause. Any exercise of Jerxpress’s
right under this provision is without prejudice and in addition to any rights
or remedies available to Jerxpress under this Agreement or otherwise.
Term & Termination
Either Party shall have the right to terminate
this Agreement for cause immediately and without notice in the event of a
breach of the obligation under this Agreement by the other Party.
Jerxpress has the right to evict the Seller
from Jerxpress if any, or a combination, of the following breaches are
committed:
<p<
style="box-sizing: border-box;">Jerxpress reserves the right to
alter these QOS rules at any time, and in the event of any changes Jerxpress
will inform the Seller by publishing the same on Jerxpress’s website. Jerxpress
will send a formal warning to the Seller after each incident.
Force Majeure
The Parties agree that
there shall attach no liability for any inability to carry out any obligations
under this Agreement if is attributable to an event of force majeure including
but not limited to systems downtime, server failure, civil commotion, strikes
or lock outs, war, flood, insurrection and other acts of God PROVIDED however
that where an event of force majeure subsists for more than One (1) month the
Party affected by such force majeure event shall be deemed to have voluntarily
excused itself from the transaction contemplated by this Agreement.
Entire Agreement
This Agreement
contains the entire agreement between the Parties relating to the subject
matter hereof and supersedes any and all prior agreements or understandings,
written or oral, between the parties related to the subject matter hereof. Jerxpress
reserves the right to alter these terms and conditions at any point without
notice, by updating the content on the Jerxpress website.
Insurance
Sellers shall be
responsible for insurance in relation to goods shipped to customers.
Copyright and
Infringement Trademark
Jerxpress respects all
copyright and trademarks of others. As a Seller on our website you must in turn
respect these rights. Jerxpress will immediately terminate or suspend a seller
who infringes another’s trademark or copyright.
Independent Contractors
The Parties hereby
enter into this Agreement as independent contractors, and this Agreement will
not be construed to create a partnership, joint venture, or employment
relationship between them. Neither Party will represent itself to be an
employee of the other or enter into any agreement or legally binding commitment
or statement on the other’s behalf or in the other’s name.
Restrictions and
Prohibitions
Jerxpress is compliant
with all the Money Laundering Regulations and all Money Laundering activities
are prohibited.
Governing Law and
Dispute Resolution
As regards any dispute
relating in any way to your use of any Jerxpress Service, or to any products or
services sold or distributed by Jerxpress or through Jerxpress.com, K-express, Jerxpress
Travels or Jerxpresspay. Party do hereby covenant that he/she shall not
commence or maintain any suit against Jerxpress whether at law or in equity,
but Parties shall use all reasonable endeavours to settle any dispute or
difference of opinion between them, arising from or in connection with this
Agreement amicably through mutual discussion. If the dispute cannot be resolved
by mutual discussions within a period of fourteen (14) days from the date of
notice, such dispute or claim will be resolved by binding arbitration, rather
than in court. And the decision by the arbitrator shall be final. Each party
shall provide his/her own arbitrator at their own cost. Both arbitrators shall
agree on a neutral arbitrator whose decision will be final. The fee for the
Neutral arbitrator shall be shared equally by both parties. The Arbitration
shall be carried out in accordance with the provisions of the Arbitration and
Conciliation Act Cap A18 Laws of the Federation 2004 or any amendment or
re-enactment thereof. The Arbitration shall take place in Lagos, Nigeria and be
conducted in English Language.
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