1. Introduction

Welcome to the fctmarketplace.com website (the “Site”). This website is fully owned and operated by Zillions Ecommerce Limited. These terms and conditions (“Terms and Conditions”) of Use govern your access to and use of all FCT Marketplace Sites. By using the FCT Marketplace Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use. If you violate or do not agree to these Terms of Use, then your access to and use of the FCT Marketplace Sites is unauthorized.

DEFINED TERMS: In these Terms of Use:
• When we say “FCT Marketplace,” we mean Zillions Ecommerce Limited and any subsidiaries of Zillions Ecommerce and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents (including any subsidiaries that Zillions Ecommerce may form or acquire in the future). We also refer to FCT Marketplace as “Seller,” “we,” “us” and “our.”
• When we say “FCT Marketplace Sites,” we mean www.fctmarketplace.com, the FCT Marketplace Apps, and all related functionality, services, and Content offered by or for FCT Marketplace on or through www.fctmarketplace.com and the FCT Marketplace Apps or the systems, servers, and networks used to make the FCT Marketplace Sites available.
• When we say “FCT Marketplace Apps,” we mean the official “FCT Marketplace App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store.
• When we say “buyer” or “you” “your” we mean any user (like you!) of any FCT Marketplace Site.
• When we say “Terms of Use,” or “contract” we mean these Terms of Use and all other terms and policies posted by FCT Marketplace on the FCT Marketplace Sites (and any updates by FCT Marketplace to these Terms of Use and those terms and policies).
• A few other key terms used in these Terms of Use:
o When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
o When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the FCT Marketplace Sites.
o When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the FCT Marketplace Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the FCT Marketplace Sites through the tools offered by such social media platforms).
o When we say “Materials,” we mean Content that FCT Marketplace make available on or through the FCT Marketplace Sites.
IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 21 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND FCT MARKETPLACE ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on FCT Marketplace’s liability explained in Sections 13 and 14, respectively.

UPDATES: We may update these Terms of Use from time to time. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such. By continuing to use or access any of the FCT Marketplace Sites after we post any changes, you accept the updated Terms of Use.

  1. Your Use of the FCT Marketplace Sites
    You certify that the Content you provide on or through the FCT Marketplace Sites is accurate and that the information you provide on or through the FCT Marketplace Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. FCT Marketplace is not responsible for any losses arising out of the unauthorized use of your account. You agree that FCT Marketplace does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, master card, debit card, or other form of payment will continue to govern your use of such payment method on the FCT Marketplace Sites. You agree that FCT Marketplace is not a party to any such agreement, nor is FCT Marketplace responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the FCT Marketplace Sites or any portion of the FCT Marketplace Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the FCT Marketplace Sites or any portion of the FCT Marketplace Sites.
    • In connection with the FCT Marketplace Sites, you will not:

    o Make available any Content through or in connection with the FCT Marketplace Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
    o Make available through or in connection with the FCT Marketplace Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
    o Use the FCT Marketplace Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
    o Harvest or collect information about users of the FCT Marketplace Sites.
    o Interfere with or disrupt the operation of the FCT Marketplace Sites or the systems, servers, or networks used to make the FCT Marketplace Sites available, including by hacking or defacing any portion of the FCT Marketplace Sites; or violate any requirement, procedure or policy of such servers or networks.
    o Restrict or inhibit any other person from using the FCT Marketplace Sites.
    o Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the FCT Marketplace Sites except as expressly authorized in these Terms of Use, without FCT Marketplace’s express prior written consent.
    o Reverse engineer, decompile, or disassemble any portion of the FCT Marketplace Sites, except where such restriction is expressly prohibited by applicable law.
    o Remove any copyright, trademark, or other proprietary rights notice from the FCT Marketplace Sites.
    o Frame or mirror any portion of the FCT Marketplace Sites, or otherwise incorporate any portion of the FCT Marketplace Sites into any product or service, unless you obtain FCT Marketplace’s express prior written consent to do so.
    o Systematically download and store any Materials.
    o Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the FCT Marketplace Sites, without FCT Marketplace’s express prior written consent.
    o Cause injury to any person or entity.
    o Violate any law, rule, or regulation, or these Terms of Use.
    • You will not use the FCT Marketplace Sites or FCT Marketplace’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a FCT Marketplace trademark, logo, URL, or product name without FCT Marketplace’s written consent;
    • You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.
  2. Content
    C. Prohibited Content

You agree that you will not make available Content in connection with the FCT Marketplace Sites that:
• is false, fraudulent, inaccurate, or misleading;
• violates any local, state, federal, or international laws or is otherwise tortious;
• is protected by or would infringe on the rights of others (including FCT Marketplace), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
• is obscene, indecent, pornographic, or otherwise objectionable;
• is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by FCT Marketplace in its sole discretion;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
• is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
• contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from FCT Marketplace;
• contains or relates to chain letters or pyramid schemes;
• impersonates another business, person, or entity, including FCT Marketplace, its related entities, employees, and agents;
• violates any policy posted on the FCT Marketplace Sites; or
• is intended to cause harm, damage, disable, or otherwise interfere with the FCT Marketplace Sites or our partners.

  1. Monitoring by FCT Marketplace
    FCT Marketplace will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the FCT Marketplace Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by FCT Marketplace from time to time. FCT Marketplace will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the FCT Marketplace Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify FCT Marketplace for all claims resulting from any Content you make available.
  2. Materials Available on the FCT Marketplace Sites
    FCT Marketplace and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The FCT Marketplace Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials.

NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.

THE FCT MARKETPLACE ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

  1. Merchandise
    The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products, including the applicable colors and images. However, as for color, the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only. There might also be omission without any charge from a supplier of certain attributes during upload of products.

We sell Products for children’s use; however, these Products are intended for sale to adults.

FCT Marketplace has no liability to you for content on the FCT Marketplace Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.

FCT Marketplace is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any FCT Marketplace Entity, Marketplace Retailer, our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on FCT Marketplace Sites, including the product description, state of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with FCT Marketplace’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

  1. Third Party Sites
    References on FCT Marketplace Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. FCT Marketplace is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the FCT Marketplace Sites operate or otherwise interact, nor is FCT Marketplace responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms and policies (including its privacy policy).
  2. Placing an Order
    a. Order Acceptance and Billing
    You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your FCT Marketplace.com account, including on FCT Marketplace affiliated sites and properties which you access via your FCT Marketplace.com account credentials.
    All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance affiliate. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. FCT Marketplace may request a pre-authorization for some orders placed online with a credit master, or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
    By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped. Some exceptions when you will be charged at the time your order is placed will be for orders or preorders that has only credit, master, or debit card payment option on checkout page.

FCT Marketplace reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. FCT Marketplace also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from FCT Marketplace for the purpose of engaging in a commercial sale of the same Product(s) to a third party.
b. Pricing Information; Availability
FCT Marketplace cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the FCT Marketplace Sites or through Marketplace Retailers. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. FCT Marketplace reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from FCT Marketplace. FCT Marketplace may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the FCT Marketplace Sites or from prices available on the offline stores.
c. Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

  1. Shipping and Delivery
    Delivery dates noted on the Approval of Order are subject to reasonable adjustment. The acceptance of shipment by a common carrier or by any licensed public truck man shall constitute proper delivery.
    Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the FCT Marketplace Websites or Vendor’s store on FCT Marketplace Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk or loss associated with the Goods shall pass to Buyer upon delivery of the product to the carrier or with the passing of title in the Goods, whichever occurs first; provided however, that where delivery is delayed due to circumstances caused by or within the responsibility of Buyer, risk of loss shall pass to Buyer upon Seller’s notification that Goods are ready for dispatch.
    Unless otherwise specified in writing in the Purchase Order or Contract, all charges, expenses or taxes associated with the delivery shall be paid by the Buyer.
    Delivery of Products purchased from the FCT Marketplace Sites to addresses outside Nigeria is limited. Some Products also have restricted delivery within Federal Capital Territory, Nigeria. Some Products may be available for pick up at physical FCT Marketplace store locations. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
  2. Privacy
    You acknowledge that any personal information that you provide through the FCT Marketplace Sites will be used by FCT Marketplace in accordance with FCT Marketplace’s Privacy Policy (available at https://fctmarketplace.com/vendor-terms-and-condition/privacy-policy/), which may be updated by FCT Marketplace from time to time. If you purchase an item on FCT Marketplace.com sold by a Marketplace Retailer or a FCT Marketplace supplier, FCT Marketplace may share certain information with that Marketplace Retailer or supplier to permit the Marketplace Retailer or supplier, as applicable, to fulfill and ship your order, process returns, and provide customer service.
    You authorize your wireless operator (MTN, GLO, Airtel, 9Mobile, Etisalat, or any other branded wireless operator) to disclose to FCT Marketplace and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See the FCT Marketplace Privacy Policy for how FCT Marketplace treats your data.
  3. Retention of Title

a. Customer agrees that by using the services of Zillions, they are subject to and are bound by the following installment terms and conditions:

b. Risk of Loss:
All purchases of physical items from Zillions are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to the Customer upon Zillions’ delivery to the carrier.

c. Returns and Refunds:
I. Zillions does not take title to returned items until the item arrives at its office hereinabove stated.
II. Returned products may be replaced by Zillions within 5days of return provided it was returned unused within 3days of purchase.
III. There shall be no refund of payment.

d. Product Description:
I. Zillions attempts to be as accurate as possible. However, Zillions does not warrant that product descriptions or other content of any Zillions Service is accurate or completely   error-free.

II. If a product offered by Zillions itself is not as described, the Customer’s sole remedy is to return it in unused condition.

e. Pricing:
I. “Sales Price” means stated against the product on the website.
II. With respect to items sold by Zillions, Zillions cannot confirm the price of an item until the Customer orders.

f. Payment:
The Customer shall pay Zillions the entire amount specified for the product either in full or in instalments.

g. Payment Plan:
I. Payment Plan only applies where the Customer elects to pay by instalment.
II. If the Customer elects to pay for the goods in instalments, the payment plan is:
• The Customer shall pay the full amount for the products either within 30 days, 60 days or 90 days from the first instalment.
• If it is a 30-day payment plan, the Customer shall pay 50% for the first instalment and 50% for the second instalment.
• If it is a 60-day payment plan, the Customer shall pay 33.3% for the first instalment, 33.3% for the second instalment and 33.3% for the third instalment.
• If it is a 90-day payment plan, the Customer shall pay 25% for the first instalment, 25% for the second instalment, 25% for the third instalment and 25% for the fourth   instalments; respectively.
III. At the point of each instalment payment, Zillions shall provide an electronic invoice to the Customer’s email address containing instalments period and shall reflect date and   amount.
IV. The last invoice shall reflect the full and final payment, which will be delivered to the Customer at Zillions’ office.
V. A Customer is permitted to request for the product ordered after the first instalment.

h. Additional payments when paying by instalments:
• The Customer agrees to pay additional 2% of the total Sales Price, if the Customer elects to do the 30-day payment plan.

• The Customer agrees to pay additional 6% of the total Sales Price, if the Customer elects to do the 60-day payment plan.

• The Customer agrees to pay additional 9% of the total Sales Price, if the Customer elects to do the 90-day payment plan.

• No product above the Sale Price of N150,000 (One hundred Fifty Thousand Naira only) shall be by instalment; PROVIDED the Customer may be allowed to purchase a product     above the Sale Price of N150,000.00, where the balance left to be paid after he or she had made the initial deposit for the product does not exceed N90,000.
i. Election of Payment Plan:

Where the Customer decides to pay by instalment, the Customer hereby agrees to make a choice of the payment plan by ticking against the desired payment plan below:

I. 30 – days payment plan [ ]
II. 60 – days payment plan [ ]
III. 90 – days payment plan [ ]

j. Payment Procedure:
• The Customer shall provide his/her salary account alert mobile number and salary account number on the Zillions’ website application billing form.

• In the event where a Customer is unable to successfully place an order, the Customer shall fill and submit an irrevocable Standing Payment Order to the Customer’s bank and   authorize his or her bank to automatically debit his or her salary account from the day the Customer receives salary and credit the account of Zillions for the duration of the   instalment (payment plan).

• All payments including the first installment shall be made either by automatic debit from the Buyer’s salary account or via direct debit to FCMB Account number 5993897014   with Account name “Zillion Ecommerce Limited.
k. GUARANTEE: The Buyer totally accept this terms and agreement by either consenting to the consent pop up modal, or by clicking on the “placing order” button on the Seller’s   website application purchase form.

l. Default on payment plan:

i. You agreed to return the product(s) 3 days after the end of the month it was leased to you in its untampered state (Unused form), if you default to make first payment at the end of that same month, else (ii) below applies.

ii. At the expiration of the payment plan, where the Customer is still in default, the Customer has by this agreement consented to pay the sum of One Million Naira (N1,000,000.00) in addition to the outstanding amount; to ZILLIONS ECOMMERCE LIMITED.

iii Where a Customer defaults or fails to pay in accordance with the payment plan after initial payment, the Customer had elected, or within the period chosen by the Customer, the period shall be  extended for additional 10days.

iv. At the expiration of the 10 days, where the Customer is still in default, the Customer has by this agreement consented to pay the sum of Four Hundred and Fifty Thousand   Naira (N300,000.00) in addition to the outstanding amount; to ZILLIONS ECOMMERCE LIMITED.

12. Filtering
This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.

13. Disclaimer of Warranties
THE FCT MARKETPLACE SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO      YOU THROUGH THE FCT MARKETPLACE SITES, ARE PROVIDED BY FCT MARKETPLACE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO FCT MARKETPLACE ENTITY MAKES ANY          REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FCT MARKETPLACE SITES OR THE CONTENT, MATERIALS, PRODUCTS,      SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FCT MARKETPLACE SITES. TO THE FULLEST EXTENT            PERMISSIBLE BY APPLICABLE LAW, THE FCT MARKETPLACE ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF                              MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE FCT MARKETPLACE ENTITIES DISCLAIM ANY AND ALL WARRANTIES,        EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE FCT MARKETPLACE SITES. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE          LAW, YOUR USE OF THE FCT MARKETPLACE SITES IS AT YOUR SOLE RISK. THIS SECTION 13 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE              MANUFACTURER OF AN ITEM THAT IS SOLD BY FCT MARKETPLACE TO YOU THROUGH THE FCT MARKETPLACE SITES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF      THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE FCT MARKETPLACE SITES AND      AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE FCT MARKETPLACE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE      ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO FCT MARKETPLACE ENTITY IS RESPONSIBLE FOR            ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE FCT MARKETPLACE SITES. SOME STATES        DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

14. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, FCT MARKETPLACE WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON      UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL,        INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE FCT                          MARKETPLACE SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A FCT MARKETPLACE ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF        SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF                    PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK      STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM                OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.              SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO FCT MARKETPLACE ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF          THE  FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE FCT MARKETPLACE SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM        AROSE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO FCT MARKETPLACE ENTITY WILL BE LIABLE FOR          ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE FCT MARKETPLACE            SITES

  1. Claims
    a) Unless Seller shall within 3 days after delivery of the Goods, receive from Buyer written notice of any matter or thing by reason whereof it is alleged that Goods are not in accordance with the Contract or functioning, Goods delivered shall be deemed to have been supplied, delivered and accepted in all respects in full conformity with the Contract and Buyer shall be entitled neither to reject the same nor to raise any claim for damages or for other remedy in respect of any alleged negligence and/or breach of warranty and/or any condition.
  2. b) In any claim, brought subject to the conditions above, Buyer must prove to the satisfaction of Seller that it followed Seller’s instructions for use, care, storage, maintenance, handling and application of the Goods.
  3. c) Unless otherwise specifically restricted by mandatory applicable law, Seller’s liability under any claim and in connection with any possible allegation, whether based on negligence, contract, or any other cause of action, shall be limited to either (i) the replacement of the Goods or the supply of equivalent goods; (ii) the repair, or payment of the cost of repair, of the Goods; or (iii) credit in an amount equal to the purchase price specified in Seller’s pertinent invoice, or in an amount of equivalent goods, all at Seller’s sole option. Buyer acknowledges that the remedy available to him as specified herein, is in lieu of any remedies that may be otherwise available to him, now or in the future, whether in law or in equity, relating to any loss or damage, whether directly or indirectly, arising from the purchase and/or the use of Goods, including without limitation, any actual or contingent damages, loss of production, loss of profit, loss of use, loss of contracts or any other consequential or indirect loss whatsoever, whether pecuniary or non-pecuniary. Should any limitation on Seller’s liability hereunder be held ineffective under applicable law, than Seller’s liability shall in any event be limited to the minimum amount of damages to which Seller may limit its liability, where such is greater than the purchase price as specified in Seller’s pertinent invoice.
  4. d) Buyer, for himself and for any other party which may claim either under or through Buyer, or independently of Buyer, including Buyer’s employees, directors, officers, representatives, affiliates and personnel, shall indemnify and hold Seller harmless, from and against any claim or liability for damages for negligence including but not limited to, any claim in connection with the design, manufacture, use, care, storage, delivery, application or maintenance of any Goods sold hereunder, whether alleged to have been committed by Seller or by any other person whatsoever. Buyer’s undertaking as specified in this subsection shall extend and inure to the benefit of Seller and of Seller’s successors at any time, as well as to Seller’s affiliates, personnel, representatives, managers, directors and officers. Nothing contained herein shall take effect to exclude or limit liability where liability may not be excluded or limited under applicable law, including, without limitation, for death, personal injury and fraudulent misrepresentations.
  5. Cancellation
    Orders manufactured in whole or in part, pursuant to Buyer’s specifications, may not be cancelled except with Seller’s prior written consent, on terms which will compensate Seller for any resulting losses.
  6. No-Assignment
    No rights or obligations of Buyer arising out of this Contract may be assigned without the express prior written consent of Seller.
  7. Force Majeure
    Should Seller be prevented from effecting deliveries of the Goods or any of them by reason of either an act of god, insurrection, riot, war hostilities, terror attacks, warlike operations, piracy, arrests, restraints or detainments by any competent authority, strikes or combinations or lock-out of workmen, fire, floods, droughts, earthquakes, permanent or temporary delay or inability to obtain labor, material or services through Seller’s usual and regular sources, or any other circumstances (whether of a nature similar to those specified, or not) beyond the absolute control of the Seller, then, in each such cases, the obligation of the Seller to effect deliveries hereunder shall be suspended until after such prevention shall cease to continue. Should any deliveries under this Contract be suspended under this clause for more than 90 days – either party may withdraw from this Contract and be relieved from any liability; provided however, that Buyer shall nevertheless accept delivery and pay for such Goods once the Seller is able to deliver in accordance with the period(s) of shipment named in this Contract. Seller shall not be liable for, and be relieved from, any loss or damages of any kind resulting from the causes mentioned hereinabove.
  8. Advice
    Any provisions specified or implied by herein or elsewhere notwithstanding, any advice, recommendation, information, assistance or service provided by Seller in relation to the Goods or in respect of their use or application is given in good faith, shall be deemed accepted by Buyer without imputation of any liability to Seller, and it shall be the responsibility of Buyer to confirm the accuracy and reliability of the same in light of the use of which Buyer makes or intends to make of the Goods.
  9. Indemnification
    You agree to defend (at FCT Marketplace’s option), indemnify, and hold the FCT Marketplace Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the FCT Marketplace Sites or any breach by you of these Terms of Use. FCT Marketplace reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with FCT Marketplace if and as requested by FCT Marketplace in the defense and settlement of such matter.
  10. Disputes & Arbitration; Applicable Law
    PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the FCT Marketplace Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and FCT Marketplace will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND FCT MARKETPLACE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH NEGOTIATIONS BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT FCT MARKETPLACE AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered in accordance with the Rules of Conciliation and Arbitration of the Lagos State Arbitration Law 2009 , as shall be in effect from time to time. The arbitration shall be held in Lagos State, except otherwise as shall be determined by Seller, in its sole discretion to held it at such location in the state of Seller’s incorporation. The arbitrator shall be mutually appointed by Seller and Buyer within 21 (twenty one) days following a written demand for arbitration by either of the parties.The arbitrator’s fees shall be paid by both parties in equal parts unless otherwise determined by the arbitrator.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location as determined by seller. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
These Terms of Use will be governed by and construed under the laws of the Federal Republic of Nigeria, without regard to conflicts of law principles.

  1. Termination
    These Terms of Use are effective unless and until terminated by either you or FCT Marketplace. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the FCT Marketplace Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the FCT Marketplace Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or FCT Marketplace, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the FCT Marketplace Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Your Use of the FCT Marketplace Sites,” “Content and Ideas,” “Monitoring by FCT Marketplace,” “Materials Available on the FCT Marketplace Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with FCT Marketplace,” “Shipping and Delivery,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.
  2. General
    These Terms of Use represent the complete agreement and understanding between you and FCT Marketplace and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and FCT Marketplace. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of FCT Marketplace to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit FCT Marketplace’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the FCT Marketplace Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Governing Law.
This Agreement will be construed and enforced in accordance with the law of Federal Republic of Nigeria, without regard to its conflict of law principles. Buyer and FCT Marketplace agrees that the state and/or federal courts located in Nigeria are the proper and exclusive venue for any dispute concerning this Agreement, and hereby consent to such court’s personal and subject matter jurisdiction thereof.

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