Terms and Conditions

BY 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
  1. Membership Eligibility

Use of the Campus Mally 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 Campus Mally and shall not transact or use Campus Mally website. As a minor if you wish to use or transact on campusmally.com, such use or transaction may be made by your legal guardian or parents who have registered as users of campusmally.com. Campus Mally reserves the right to terminate your membership and refuse to provide you with access to campusmally.com if it is brought to Campus Mally’s notice or if it is discovered that you are under the age of 18 years.

  1. Your Account and Registration Obligations

If you use campusmally.com, you shall be responsible for maintaining the confidentiality of your User ID, Personal Identification Number (PIN), Password and any other access credential set as may be required and you shall be responsible for all activities that occur under your access credentials. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete that Campus Mally has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, Campus Mally has the right to indefinitely suspend or terminate or block access of your membership with campusmally.com and refuse to provide you with access to the Website.

  1. User Submissions 

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions..

  1. Charges

Membership on campusmally.com is free. Campus Mally does not charge any fee for browsing and purchases on campusmally.com. However Campus Mally reserves the right to charge a fee and change its policies from time to time. In particular, Campus Mally may at its sole discretion introduce new services and modify some or all of the existing services offered on campusmally.com. In such an event Campus Mally 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 campusmally.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 campusmally.com.

  1. Accessibility of WebsiteOur aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.
  2.  Links and Thirds Party WebsitesWe may include links to third party websites at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.
    In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.
    Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.
  3. Intellectual PropertyBoth parties agree that all intellectual property rights and database 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 at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.
    Any unauthorised use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
  4. Data ProtectionAny 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.
  5. IndemnityYou agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms of Use and User Agreement.
  6. Applicable Law and JurisdictionThese Terms and Conditions of Use 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.
  7. ArbitrationAny controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use 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.

 

  1. Termination of Service

Campus Mally 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 Campus Mally 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.

  1. Limitation of Liability

IN NO EVENT SHALL Campus Mally BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF CAMPUS MALLY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
CAMPUS MALLY’s AGGREGATE LIABILITY TO YOU, ANY INDIVIDUAL OR ANY THIRD PARTY IN ANY MATTER ARISING HEREFROM, RELATED OR CONNECTED TO OUR GOODS AND SERVCES IS AT CAMPUS MALLY’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 campusmally.com who sell a variety of edibles and beverages as its type of business and makes such available to Customers via campusmally.com by giving the customers the opportunity to purchase same via Vouchers on campusmally.com. Every Voucher purchased by a customer on campusmally.com can only be redeemed once. Please note that this is pre-determined by the Merchant and Restaurant.

Note the following:
i. 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
ii. These Gift Certificates must not be used for tips, taxes, prior balances etc. unless the Restaurant/Merchant expressly permits the same. The Merchant or Restaurant will not be responsible for lost, stolen certificates or their reference numbers.
iii. Gift Certificates may only be used as stipulated on the coupon (i.e. “Dine in Only” or “Take-away”)
iv. All Gift Certificates are void to the extent prohibited by law.
v. The Eatery is at liberty to determine whether Vouchers purchased herein can be used in conjunction with any other gift certificate, coupons etc.
vi. No one has the right to purchase from the campusmally.com platform and resell same to individuals.
vii. 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.
viii. All Campus Mally offers are governed by the validity dates specified on the Vouchers.
ix. 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.
x. A Merchant must have complied with all statutory requirements before enlisting their vouchers for purchase on campusmally.com. Campus Mally will not be held responsible for lack of compliance on the part of the Merchant.
xi. All Campus Mally 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 MERCHANTS GIFT CERTIFICATES

Please note the following:
i. Only one certificate may be used per order, except this is expressly stated otherwise by the Merchant.
ii. All Merchant Gift Certificate purchased on campusmally.com strictly apply to products found thereon, this will therefore not suffice for shipping fees.
iii. The Merchant is at liberty to offer credit if he wishes unless otherwise required by law.
iv. In the event a customer misplaces (i.e. whether stolen or lost) his or her voucher, or reference number neither the Merchant nor campusmally.com will be held responsible for same.
v. No one has the right to purchase from the campusmally.com platform and resell same to individuals.
vi. 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
vii. All Gift Certificates are void to the extent prohibited by law.
viii. 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.
ix. All Campus Mally offers (including but not limited to discounts, upon expiration of the date specified in the offer becomes invalid.

    • Other Terms and Conditions

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 campusmally.com in order to conduct transactions, including but not limited to;
1. Merchants who sell Goods on campusmally.com
2. Merchants who offer Services on campusmally.com
3. Firms/Organizations who choose to advertise on Campus Mally’s website (i.e. Advertisers, either on a trade by barter basis with Campus Mally or on a strictly Advertisement service level)

Are hereby governed by the Terms and Conditions here in.

ADVERTISING -Advertising Services offered by campusmally.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 campusmally.com via different means (i.e. SMS messages or emails).

VOUCHERS- All vouchers purchased and thereafter printed from the campusmally.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 Campus Mally 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 campusmally.com platform are subject to the specific limitations in relation to the goods or services. (i.e. if a Merchant specifies that only one campusmally.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 campusmally.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 Campus Mally. 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 campusmally.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 Campus Mally 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.

    • General

The Terms and Conditions and Privacy Policy as provided herein by Campus Mally including but not limited to other guiding policies for campusmally.com constitute the entire agreement between the parties with respect to the subject matter hereof. In the event Campus Mally 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 campusmally.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 campusmally.com if the item is “Sold by Campus Mally”, 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 Campus Mally are redeemable from Campus Mally.

    • GROCERIES (PERISHABLES INCLUSIVE)

This section of Campus Mally’ “Terms of Use” governs all groceries and perishables sold on www.campusmally.com. Please read carefully before purchasing Groceries on our website.

Availability and Substitution of Groceries

The availability of groceries are not absolute, please note that your desired choice of groceries might be out of stock for reasons beyond our control, in the event we are unable to deliver or ship a particular grocery/groceries to you, Campus Mally will not be held liable by you. Upon discovery of the un-availability of a grocery(ies) earlier ordered on our platform by you, you will be contacted by Campus Mally’s Customer Experience Representative who will intimate you with other available/suitable options which will allow substitutions if we do not have your preferred grocery item in stock.

Prices

All prices include VAT payable unless otherwise stated.Note that the prices of the grocery items excludes shipping/delivery fees.

Purchases and Acceptance

Upon placing an order for groceries on www.campusmally.com, please note that this is an offer to make a purchase from us. A contract is only formed when we notify you that we have dispatched your order or notify you that your order is available for pick up at our pick up centres. We therefore reserve the right to decline an offer when we deem fit.

Minimum Cart Charge

Campus Mally requires that all purchases in relation to grocery items in a single cart must not fall below _________________ (_______________Naira). Minimum Cart Charge means a fixed sum of N______ naira will apply to all Grocery orders placed on www.campusmally.com,this charge will automatically apply when the Cart Value is lower than the Minimum Cart Value acceptable. Cart Value meansthe value of the groceries in your Cart when you confirm your order. Minimum Cart Value acceptable to Campus Mally is __________.

When will Campus Mally apply the minimum Cart Charge?

When you order groceries from www.campusmally.com, and the total value of your cart is less than the acceptable Minimum Cart Value as captioned above, Campus Mally will add the Minimum Cart Charge to the total of your groceries or orders upon check out. We will add the charge to your total at the check-out page, just before you pay. You however have the option to go back and add more products to your grocery order, so that the new Cart Value is greater than the Minimum Cart Value, and no Minimum Cart Charge will be included in the total.

Minimum Cart Charge Refunds:

Upon purchase of your groceries, if Campus Mally applies the “Minimum Cart Charge” to your grocery order, and you decide to cancel such an order you will get a total refund, “Minimum Cart Charge” inclusive. However, we will not refund the Minimum Cart Charge if only some of the groceries you ordered are refunded.

Delivery or Pick Up.

Campus Mally will deliver your order to the delivery address as provided in your account, however, please note that you can request for “Express delivery” by paying an extra fee to enjoy that service. You also have the option of picking up your order from any of our pickup locations, please note that the “pick up” service is not available in all states. Please note that we do not deliver groceries to some states in Nigeria (i.e. Perishables are only available in specified states within Nigeria). Kindly check and confirm if they are available in your state before you order (List is provided below….) Upon delivery of the groceries to you or pick up from a location by you, please note that our delivery man/pick up representative will insist you sign for same. Whilst we make every effort to deliver all your goods in the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control. It is important you bring your order number for ease of reference and a valid form of identification when you come to pick up. Please note that Campus Mally will ensure that your order is ready for collection at the agreed time, however in the event your order is not ready, we will not be liable in part or in full due to circumstances beyond our control.

Returns and Refunds

Campus Mally prides itself in satisfying its customers and improving all services provided to them from time to time. Please note that all grocery products have different return time limits. All returned discounted groceries will be refunded at the discounted prices on the platform when the purchase was made. In the event a customer intends to return an item, the customer shall immediately notify the delivery man of the observation at the point of delivery and immediately reject same. Once customers have taken delivery of their orders and signed confirming this, they take ownership of the items and Campus Mally will not accept such returns. For this reason, we ask customers to carefully check and confirm the accuracy of their order with the delivery driver before acknowledging receipt by signing. Campus MAlly will not accept returns for items that have no material damage to them. Products which are materially intact but whose packaging may have scratches, peels, tearing, dents, discolouration, or any other aesthetic impairment that does not affect the taste, functionality or integrity of the actual product may not be accepted by Campus Mally as a return.

Purchases

Once again please note that upon completion and submission of your electronic order on the Campus Mally website, you are simply making an offer to purchase goods which, if accepted by us, will result in a binding contract. In light of this, there will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the goods to you. We therefore may decline to supply the goods to you at any point in time without giving any reason. At the moment that the goods are dispatched (and not before), a contract will be made between you and us. ALL TERMS HERE IN APPLY TO ALL MERCHANTS WHO SELL ON CAMPUS MALLYS’ WEBSITE.

    • Our Contact

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to help@campusmally.com or to our office at 1o Huges Avenue,Alagomeji, Yaba Lagos, Nigeria.

Merchant Service Agreement

 

Introduction

As a demonstration of our commitment to Nigeria and Nigerian entrepreneurs, Campus Mally Limited (“Campus Mally”, “us”), Nigeria’s First & Largest Campus Online Mall opened up its online platform to Nigerian businesses to enable merchants sell their products (“Mall”), giving instant nationwide access to your products. Merchants can also enjoy all the benefits that come with having an online store by being able to sell their products to customers all over Nigeria. Businesses that sign up to Campus Mally’s Mall will have a free microsite provided for them, and Campus Mally 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. Campus Mally 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. Campus Mally 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 Campus Mally Mall Service Agreement below. Campus Mally reserves the right to alter these Terms & Conditions at any point without notice, by updating the content on the Campus Mally website.

Agreement

In consideration of the mutual covenants set forth in this Agreement, Seller and Campus Mally (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows:

 

    1. Services Rendered

The Seller agrees to compensate Campus Mally for the services rendered listed in section 2 below (“Services”).

 

    • Delivery of Services

Campus Mally 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 campusmally.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.

Campus Mally 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.

Campus Mally 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 Campus Mally with genuine products, up-to-date product quantity information and accurate product information.

 

    1. Compensation

For all of the Services provided by Campus Mally under this Agreement, the Seller shall compensate Campus Mally, 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 Campus Mally website.

Every Merchant shall have an opening/ minimum balance of N10, 000.00 (Ten Thousand Naira) only in his/her Campus Mally Wallet upon registration with Campus Mally. Campus Mally shall have the right to deduct commissions for all “Self-fulfilled Orders” directly from the Merchant’s Campus Mally Wallet or from his/her designated Bank Account in the event his/her wallet is empty.

Campus Mally 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 SellerHQ portal, or on Campus Mally’s website not less than fourteen (14) days before any variation in commission rate or charging structure takes place. Campus Mally will remit payments for sales generated by the Seller on its platform minus the agreed commission and all applicable taxes as soon as products sold have been delivered and applicable return period has lapsed, or as agreed between the Parties.

 

    1. Confidentiality

The Seller and Campus Mally 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 Campus Mally. Seller shall keep the Confidential Information in confidence and shall not at any time during or after the terms of this agreement, without Campus Mally’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.

 

    1. Independent Contractor

Campus Mally shall be deemed as an independent contractor. Campus Mally 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 Campus Mally’s behalf. Campus Mally is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the Seller. Campus Mally 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.

 

    1. 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.  Campus Mally reserves the right to alter these terms and conditions at any point without notice, by updating the content on the Campus Mally website.

 

    1. Indemnification

Seller warrants that everything it gives Campus Mally 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 Campus Mally, its employees and associates harmless from any and all claims brought in the performance of the Services.

Seller shall indemnify and hold CAMPUS MALLY 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”).

    1. Limitation of Liability
    2. A) Not withstanding applicable returns policy, Merchant further covenants to:
    • Pick up fresh returned orders from the Campus Mally 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 Campus Mally’s Warehouse and another notification to the merchant to request for the delivery of same at KOS rates.
    • If the item remains unrequested for while at the Campus Mally Warehouse, Campus Mally 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, Campus Mally shall notify merchant by sending reminder emails or smss’ everyday, 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 Campus Mally.
    • Merchant hereby indemnifies Campus Mally against any such claims and holds Campus Mally non-liable for the disposal of such returned goods referred to in the clauses above.
    1. B) Merchant agrees to indemnify, defend and hold harmless Campus Mally against and from any third party claims (including reasonable legal or arbitration costs) arising from:
    • any breach or default on the part of the merchant of any obligations
    • negligent act or omission of merchant; or
    • wilful violation of the law, wrong description and price of products advertised; or
    • an offence committed by merchant,
    • provision of fake, inferior or substandard products that have been sold as genuine;
    • provision of used, refurbished or damaged products that has been sold as new or unused;
    • Listing and selling products that have not been authorized for sale by the appropriate regulatory body (including but not limited to the NCC, NAFDAC,SON etc);
    • Fails to meet the Quality of Service Standards (QoS) as defined in the SellerHQ ratings system (details on request);
    • Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading.
    1. 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.

Campus Mally has the right to evict the Seller from Campus Mally if any, or a combination, of the following breaches are committed:
– Fails to make a product that has been sold on Campus Mally Mall available for delivery within three (3) business days after it was supposed to be available for delivery;
– Provides fake, inferior or substandard products that have been sold as genuine;
– Provides used, refurbished or damaged products that has been sold as new or unused;

– Lists and sells products that have not been authorized for sale by the appropriate regulatory body (including but not limited to the NCC, NAFDAC etc);
– Fails to meet the Quality Of Service Standards (QoS) as defined in the SellerHQ ratings system (details on request);
– Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading;
– Engages in any activity that brings Campus Mally, or any of Campus Mally’s partners or other mall vendors into disrepute.

Campus Mally reserves the right to alter these QOS rules at any time, and in the event of any changes Campus Mally will inform the Seller by publishing the same on Campus Mally’s website. Campus Mally will send a formal warning to the Seller after each incident.

 

    1. Policy on Counterfeit, Refurbished and Unauthorized Products on Campus Mally Mall

Campus Mally is committed to delivering high quality products and service to customers at all times, and we strive to ensure that all products sold by merchants via the Campus Mally Mall are held to the same high standards. Campus Mally Mall has zero tolerance for counterfeit products, and does not allow the sale of unoriginal, fake/replica, refurbished or otherwise unauthorized items. It is the responsibility of each merchant to source and sell only authentic items. If a merchant is determined by Campus Mally to have sold inauthentic or otherwise unauthorized goods, Campus Mally may suspend or terminate the merchant’s ability to sell on Campus Mally immediately and without warning, and current and future payments held by Campus Mally on the merchant’s behalf may be forfeited and withheld in accordance with campusmally.com’s Authentic Items Policy.

    1. Insurance

Sellers shall be responsible for insurance in relation to goods shipped to customers.

    1. Copyright and Infringement Trademark

Campus Mally respects all copyright and trademarks of others. As a Seller on our website you must in turn respect these rights. Campus Mally will immediately terminate or suspend a seller who infringes another’s trademark or copyright.

    1. 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.

    1. Restrictions and Prohibitions

– All product descriptions must be true, accurate and non-misleading.
– Products sold by Sellers must not be fraudulently obtained or involve the sale of counterfeit or stolen items.
– Sellers must not infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; Campus Mally will in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of sellers who may be infringers.
– Sellers must comply with governing laws, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, anti-discrimination or false advertising).
– Products/description of products must not be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities.
– No display of images containing pornography is permitted.
– You must not sublease Your account or give another access to Your account or sublease Your Store to third parties;
– Sellers must not incur liability for Campus Mally and its subcontractors or expose them to undue risk or otherwise engage in activities that Campus Mally, in its sole discretion, determines to be harmful to Campus Mally’s affiliates, operations, reputation, or goodwill.
– Sellers must not post or display any materials that exploits or otherwise exploits children under age of 18 years.
– Sellers must not conduct activities such as gambling, sweepstakes, raffles and lotteries.

 

Groceries

All Merchants who intend to sell groceries (e.g Fresh, Frozen, Perishables and Non-perishables products) on the platform shall:
– Provide Campus Mally and customers with only fresh and unexpired products in required quantities with accurate product information.
– Ensure that all products offered for sale on the Campus Mally Platform are all certified by the required agencies. (NAFDAC etc.)
– Ensure the products are fresh and edible.
– Ensure all Frozen Foods have a best by date.
– Ensure that he/she does not sell rotten or expired products as Fresh.
– Ensure the products are not Rodent or insect infested produce.
– Ensure that products have at least 6months “before expiration” dates.

Please note that Merchant may elect to store and keep its products in Campus Mally’s warehouse at a fee agreed between Campus Mally and the Merchant (FBK-Fulfilled by Campus Mally)

 

    1. 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.

 

    1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria in force from time to time and any disputes arising out of or in connection with this Agreement ,shall be settled by both parties taking reasonable steps to amicably resolve any dispute or misunderstanding;
Where the Parties are unable to resolve the dispute amicably within 30 (thirty) days from receipt of a written notification by a Party of the existence of a dispute, the parties shall in good faith settle the dispute by Mediation administered by the Lagos State Multi Door Court House (LMDC), Igbosere Lagos under its procedures. The duration for mediation shall not exceed 6 weeks. Each party shall be responsible for its own mediation expenses.

    1. Campus Mally’s Right to Sue

All merchants hereby agree and accept that Campus Mally has the right to sue any merchant who has contravened or contravenes any of the laws here in , or promulgated by the Federal Republic of Nigeria(i.e. Standard Organisation of Nigeria(SON), National Agency for Food and Drug Administration Control (NAFDAC)) or any of the laws of Nigeria which deems the act of the merchant criminal and intolerable.

FBK

 

CONTRACT TERMS AND CONDITIONS FOR MERCHANT WARE HOUSING IN CAMPUS MALLY ONLINE SHOPPING LIMITED’S WAREHOUSE FACILITY.

BY USING THE WAREHOUSING AND STORAGE SERVICES PROVIDED BY CAMPUS MALLY ONLINE SHOPPING LIMITED YOU EXPRESSLY AGREE TO THE FOLLOWING TERMS AND CONDITIONS:

    1. DEFINITIONS
    2. WAREHOUSE AND COMPANY-the term “warehouse” and “company” refer to Campus Mally Online Shopping Limited.
    3. MERCHANT DEPOSITOR-the term Merchant depositor means- A Merchant who stores their goods in Campus Mally’s warehouse, Owner of Goods or its lawful agent and to whom the Campus Mally Warehouse Invoice is issued.
    4. GOODS-the term goods means the goods Campus Mally Merchant Depositor tenders or presents to Campus Mally for Storage by the Merchant and identified on the face of the invoice given to the Merchant before ingestion into Campus Mally Warehouse.
    5. INGESTION OFFICER-is Campus Mally’s ware house storage facility staff who ingest the Merchant Depositor’s goods for storage.
    6. CLASS OF STORAGE- GENERAL AND SPECIAL
    7. WORKING HOURS-9:00am – 4:00pm excluding weekends and public holidays declared by the Federal Government of Nigeria.
    8. SLOW SELLING-“Goods tendered by a Merchant depositor for storage but have poor sales history”
    9. SHQ BOARD-the board enables a merchant view transactions in relation to his goods.
    10. CONSENTING TO TERMS AND CONDITIONS

The terms and conditions here in provided are electronically published on www.campusmally.com , please note that this includes the quotation provided by Campus Mally for warehousing goods, both are hereby deemed accepted by a Merchant upon tendering goods for the purpose of storage in Campus Mally’s Warehouse. These terms may be amended by Campus Mally as deemed necessary, without notice. Kindly note that this terms and conditions do not cover or apply to any terms and conditions of shipping or other services the company may provide to the Merchant Depositor. The other services are governed by their individual Terms and Conditions which are provided separately and guided and posted on the appropriate site.

    1. DECLARATION OF OWNERSHIP OF GOODS

The Merchant Depositor hereby declares that he is the rightful owner and/or has lawful possession of the Goods tendered to Campus Mally Online Shopping Ltd for storage. Merchant further declares that it has sole legal rights to store Goods tendered, to release Goods, and to instruct Campus Mally regarding delivery or disposition of the Goods. Merchant Depositor agrees to notify all parties acquiring any interest in the Goods of the terms and conditions of Campus Mally’s Warehouse as contained herein and also agrees to indemnify and hold Campus Mally harmless from any claim by third parties relating to the ownership, storage, handling or delivery of Goods, or from any other services provided by Campus Mally under this Warehouse Terms and Conditions. Such indemnification shall include any Attorney fees or costs incurred directly or indirectly due to any claim by a third party, regardless of whether or not litigation is actually filed in a court of law.

    1. TENDER FOR STORAGE

The Merchant shall deliver all goods for storage to Campus Mally’s Warehouse between the working hours of 9:00am – 4:00pm. All goods herein delivered shall be appropriately packaged and labelled by the Merchant depositor.

    1. SUITABILITY

Merchant depositor warrants that the Goods are new, in a sellable package, properly labelled, and classified for safe handling and there by suitable for storage in Campus Mally’s Warehouse. The Campus Mally ingestion officer has the right to reject all goods which are inappropriately packaged or unsuitable for storage due to the nature of goods.

    1. ADEQUATE INFORMATION FOR IDENTIFICATION OF GOODS TENDERED FOR STORAGE BY MERCHANT

Upon ingestion the Campus Mally Merchant Depositor shall provide a comprehensive manifest showing marks, brands, or sizes to be ingested and accounted for separately, and the preferred class of storage. Merchant must also indicate Items that require Controlled temperature.

    1. HAZARDOUS SUBSTANCES and DANGEROUS GOODS

In the event the Merchant Depositor intends to tender the above captioned class of goods to Campus Mally for warehousing, the Merchant Depositor must disclose same to Campus Mally via an email or phone call and Campus Mally will determine if they will ingest such goods. Merchant Depositor hereby warrants that the Goods are not classified or considered hazardous materials and/or dangerous goods at the time the Goods are tendered to Campus Mally for ingestion. All acceptable hazardous goods shall be clearly labelled by Merchant depositor before same is tendered for storage. The class of Invoice issued shall clearly state “HAZARDOUS”.

    1. WARRANTY FOR PERMISSIBLE GOODS

Campus Mally Merchants Depositor hereby warrants that the goods tendered to Campus Mally for warehousing are strictly the permissible class and quantities in the relevant Nigerian regulation. Merchant shall advise Campus Mally in the event the goods need to be specially stored to prevent damage and aid safe storage and handling of goods. In the event the Merchant Depositor breaches any of the foregoing warranties related to tender of hazardous materials or dangerous goods, or otherwise delivers any such unfit Goods to Campus Mally, Campus Mally shall be entitled to exercise all available remedies including the immediate destruction or removal of the Goods from the warehouse without notice to Merchant Depositor. In the event of the foregoing breach of Merchant Depositor warranties, Merchant Depositor shall be liable for all expenses costs, losses, damages, fines, penalties or other expenses of any sort incurred by Campus Mally in connection with the removal, or destruction, or handling of the Goods and shall indemnify Campus Mally against all amounts, liabilities, claims, or damages arising in connection with the Goods.

    1. COMPLIANCE WITH ALL RELEVANT LAWS AND REGULATIONS

Merchant Depositor shall comply with all government laws, regulations, legislations in relation to all goods tendered to Campus Mally for storage, Merchant depositor shall supply such information and documents as are necessary to comply with all laws, rules and regulations and also aid Campus Mally in keeping the goods safe, proper handling etc. All information and documents must be fully, accurately and timely tendered alongside the Goods to be warehoused, failure to do same makes the Merchant Depositor liable to Campus Mally and he shall indemnify Campus Mally for all consequence for such failure or negligence. Merchant Depositor warrants its compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and similar laws related to anti-corruption and anti-bribery.

    1. COMPLETION OF NECESSARY INGESTION FORMS

All Merchant depositors must fill out the forms provided on the website accurately. Upon ingestion into the Campus Mally Warehouse a Merchant must bring the completed form along. In the event a Merchant Depositor fails to complete his form, his goods will not be ingested. The quantities indicated in the batch must match exactly what is supplied.

    1. DURATION OF STORAGE,CHARGES,PROCESSING AND RETURNS
    2. DURATION OF STORAGE AND CHARGE

Campus Mally shall deduct the warehousing fee based on the weight of the items to be ingested into the warehouse. Please note that the fee is strictly for warehousing and handling, it is therefore separate from the Standard Commission deducted upon the successful sale and delivery of a Merchants Goods. All Merchant Depositor sales will be reviewed after 40 days, if a Merchant Depositor’s Goods are “SLOW SELLING”, the goods will be removed from the inventory and the Merchant Depositor must pick up same from the warehouse within 14 days without fail. After the 14 days lapses all “SLOW SELLING” Goods shall be forfeited.

    1. PROCESSING

All others will be processed from the Warehouse and the Merchant Depositor shall be able to view all transactions at all times on the “SHQ BOARD”.

    1. RETURNS

All returns here in will be managed by Campus MAlly for the duration the Merchants Depositor’s Goods are in the warehouse.

LIMITATION OF LIABILITY

    1. WHERE LOSS OR DAMAGE OCCURS TO TENDERED, STORED OR HANDLED GOODS, FOR DAMAGE WHICH OCCURS BEYOND CAMPUS MALLY CONTROL CAMPUS MALLY IS NOT LIABLE, THE DEPOSITOR SHALL BE RESPONSIBLE FOR THE COST OF REMOVAL AND DISPOSING OF SUCH GOODS AND THE COST OF ANY ENVIRONMENTAL CLEAN UP RESULTING FROM THE LOSS OR DAMAGE TO THE GOODS. Campus Mally shall under no circumstance be responsible for tempering goods or storing same in a humidity controlled environment.
    2. In the event there is a loss or damage of goods stored for which Campus Mally is legally liable, MERCHANT DEPOSITOR declares that CAMPUS MALLY’s liability for damages shall be limited to the lesser of the following: (i) the actual cost to MERCHANT DEPOSITOR of replacing the lost, damaged, and/or destroyed goods (ii) the declared market value of the lost, damaged, and/or destroyed goods on the date MERCHANT DEPOSITOR tendered and successfully warehoused the goods in Campus Mally’s warehouse.
    3. CAMPUS MALLY’S liability for damaged goods shall be MERCHANT DEPOSITOR’S exclusive remedy against CAMPUS MALLY for any claim or cause of action whatsoever relating to the loss, damage and/or destruction of goods and shall apply to all claims including inventory shortage and mysterious disappearance claims unless MERCHANT DEPOSITOR proves by affirmative evidence that CAMPUS MALLY converted the goods to its own use.
    4. MERCHANT DEPOSITOR hereby waives any rights to rely upon any presumption of conversion imposed by law.
    5. CONSEQUENTIAL DAMAGES- In no event shall MERCHANT DEPOSITOR be entitled to incidental, special, punitive, or consequential damages from Campus Mally Online Shopping Ltd.
    6. INSPECTION & SECURITY

All Goods are subject to inspection by Campus Mally; and by any duly authorized government or regulatory entities. Campus Mally may at its convenience choose to inspect the goods tendered by Merchant depositor, Campus Mally is however not obligated to carry out such inspection except as mandated by law. As earlier provided Campus Mally reserves the right to unilaterally reject any Goods tendered by Merchant Depositor for Warehousing if it deems it unfit, pest infected or unacceptable for storage under Campus Mally’s Warehouse Receipt, after completion of inspection.

    1. INSURANCE

All Merchant Depositor goods stored in the warehouse are insured.

    1. LIEN

Campus Mally shall have a lien against the goods covered by this receipt and on the proceeds thereof for all charges for storage, handling, including demurrage, insurance, labor, and other charges present or future with respect to such goods and for expenses necessary for preservation of such goods or reasonably incurred on their sale pursuant to law.

    1. NOTICES

Both parties shall communicate all written notices by any commercially reasonable means of communication and address it to:
Director Commercial Operations
10, HUGES AVENUE, ALAGOMEJI, YABA, LAGOS
And
to a Merchant Depositor at his last known address or email as provided on Campus Mally’s records. The Merchant Depositor is presumed to have knowledge of the contents of all notices transmitted in accordance with this Section within five days of transmittal.

    1. WAIVER – SEVERABILITY

Campus Mally’s failure to insist upon strict compliance with any provision of this Terms and Conditions shall not constitute a waiver or estoppel to later demand strict compliance thereof and shall not constitute a waiver or estoppel to insist upon strict compliance with all other provisions of this Terms and Conditions. In the event any clause or part of these Terms and conditions or part thereof shall be declared invalid, illegal and/or unenforceable, the validity, legality and enforceability of the remaining sections and parts shall not, in any way, be affected or impaired.

    1. HEADINGS ARE NOT BINDING

The use of headings in this Terms and Conditions are for ease of reference only. Headings shall have no effect and are not considered to be part of or a term of these Terms and Conditions.

    1. CAMPUS MALLY WARE HOUSE INVOICE

All invoices would will be issued electronically and deducted from sales upon confirmation of delivery.

    1. GOVERNING LAW AND JURISDICTION

This Terms and Conditions and the legal relationship between the parties hereto shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. In the event of any dispute or disagreement, both parties agree to first of all attempt to settle the matter amicably, if the matter cannot be settled within 14 days both parties agree to settle the dispute by adopting an Alternative Dispute Resolution medium i.e. Mediation. These shall be filed in accordance with the provisions of the Lagos State Multi Door Court House. Both Parties agree that the hearing(s) shall be held in the City of Lagos. Each Party shall be responsible for its own mediation fees.

ANY SPECIAL AGREEMENT OUTSIDE THESE TERMS AND CONDITIONS MUST HAVE BEEN SIGNED OFF BY “THE DIRECTOR COMMERCIAL CAMPUS MALLY LIMITED”.­­­­­­­­­­

  1. CAMPUS MALLY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO GOODS TENDERED BY MERCHANT DEPOSITOR, STORED OR HANDLED HOWEVER CAUSED, UNLESS SUCH LOSS OR DAMAGE RESULTED FROM THE FAILURE OF CAMPUS MALLY TO EXERCISE SUCH CARE IN REGARD TO THEM AS A REASONABLY CAREFUL INDIVIDUAL WOULD EXERCISE UNDER LIKE CIRCUMSTANCES AND CAMPUS MALLY IS NOT LIABLE FOR DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH CARE.

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