Welcome to the Ashua.com.ng (the "Site"). These terms & conditions ("Terms and Conditions") apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.
The Site reserves the right, to change, modify, add, or remove portions of both the Terms and Conditions of Use and the Terms and Conditions of Sale at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
ELIGIBILITY OF WEBSITE USAGE
www.ashua.com.ng wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable product. Therefore you confirm that you are at least 18 years of age, or an emancipated minor, or are accessing the Site under the supervision of a parent or legal guardian. Without prejudice to any other rights and remedies of www.ashua.com.ng under these Terms and conditions or at law, www.ashua.com.ng reserves the right to limit or withdraw access to the Site or the membership of any person if www.ashua.com.ng believes that person is under the age of 18 years.
We grant you a non-transferable, revocable and non-exclusive license to use the Site, in accordance with the Terms and Conditions described herein, for the purpose of shopping for personal items sold on the Site. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you. The Site is not available to persons whose membership has been suspended or withdrawn at any time by www.ashua.com.ng. Further, if you are registering as a business entity, you agree that you have the authority to bind that entity to these Terms and conditions and that you and the business entity will comply with all applicable laws relating to the scope of activity undertaken. No person or business entity may register as a member of the Site more than once, liability under these Terms and conditions is to the specific individual, directly or indirectly related to the email address given by the users.
Product representations expressed on this Site are those of the sellers. Submissions or opinions expressed on this Site are those of the individual posting such content and do not necessarily reflect our opinions. Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. During the registration process you agree to receive direct and promotional emails, SMS, and push notifications from the Site, and all of its divisions, subsidiaries, and affiliate operated Internet services. You can subsequently unsubscribe to receiving such direct and promotional communications by clicking on the link at the bottom of any promotional email or communication you receive but please note that some communication is necessary to complete a purchase/sell of an order and you cannot opt out of this communication if you are purchasing or selling.
FEES AND SERVICES
The Site is an online market place platform allowing for the sale and purchase of items between end-user sellers and buyers. Membership on the Site is free. www.ashua.com.ng charges a transaction fee to all sellers when their item is successfully sold, and special fees for additional services agreed with the sellers. Before you list an item for sale through the Site, we request you to review the Transaction Fees that you will be charged as stated on our Commissions Page on www.ashua.com.ng. Ashua may amend the Commission Fees payable under our Commissions Page and will communicate the change two weeks in advance.
Unless otherwise stated, all Commission Fees shall be quoted in your country's currency. You must pay all fees due and payable to www.ashua.com.ng (and any applicable taxes or charges) within 14 days of the date of the invoice via a valid payment method as set out on our Transaction Fees.
In case of non-payment of fees and/or any applicable taxes and charges by you to www.ashua.com.ng, without prejudice to any other rights and remedies of www.ashua.com.ng under these Terms and conditions or at law, www.ashua.com.ng without liability reserves the right to:
issue you with a warning regarding the non-payment in question;
temporarily or indefinitely suspend, limit or withdraw your access to the Site and/or your membership;
www.ashua.com.ng also reserves the right to take any necessary steps including legal action in case of non-payment of fees by you to www.ashua.com.ng; for accounts over 30 days past due, deduct the amount owed from your account balance (and you acknowledge and agree to www.ashua.com.ng doing so in these circumstances) and confirm the same to you by email; deduct from your account; invoice you for a fixed late payment fee (as set out on our Commissions Page from time to time); or take any steps www.ashua.com.ng considers necessary including without limitation legal action for recovery of the outstanding fees and/or any applicable taxes and charges.
INFORMATION AVAILABLE ON WEBSITE
You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
LINKS AND THIRD PARTY WEBSITES
We 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.
Our Return Policy is as contained in the document titled “Return Policy” on our Site.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either www.ashua.com.ng, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of www.ashua.com.ng, is protected by copyright, trademarks, patents or other intellectual property rights and laws and may not be used downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited. www.ashua.com.ng is not responsible for copyright infringement.
USE OF VOUCHER CODES
Our Site accepts the use of voucher codes for orders placed online. The marketing voucher codes which are accepted on our Site entitle you at the time of ordering a product to a saving on the order being placed on our Site. Vouchers may also be issued to customers in exchange for advance payments made to us via transfer to our bank accounts for products intended to be purchased on the Site. Our voucher codes may not be exchanged for cash. With the exception of vouchers issued in accordance with our refunds policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.
This Site is only for delivery of products to customers within Nigeria. We make every effort to deliver goods within the estimated timescales set out on our Site; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence. You agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Sale 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.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Sale to any third party is prohibited unless agreed upon in writing by the seller. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Sale to any third party.