SMARTAFRI
Terms & Conditions of Use

Welcome to SmartAfri.com. SmartAfri.com Services ("SmartAfri") provides you with products, services and website features when you visit or shop at SmartAfri.com, use services, mobile applications, or software provided by SmartAfri in connection with any of the SmartAfri Services. Using SmartAfri service means you agree, on behalf of yourself, members of your household and others who use any service tied to your account, to the following conditions.

Please carefully read and understand these conditions.
Additional terms may apply to the broad spectrum of SmartAfri Services we offer. You will be subject to terms, agreements and guidelines (Service Terms) applicable to that SmartAfri service you use either your profile, dashboard, selling or purchasing service, Payfocus-payment service. If the Service Terms are not in agreement with these conditions of Use, the Service Terms will override.

PRIVACY
Our “Privacy Notice governs your use of SmartAfri Services. Please read it to have an overview of our practices.
ELECTRONIC COMMUNICATIONS
You communicate with us electronically when you use SmartAfri Services, or send e-mails, text messages, and other communications from your desktop or mobile device. You agree to receive communications from us electronically on this site or through the other SmartAfri services such as e-mails, texts, mobile push notices, or notices and messages, such as our Message Center, and you can keep records of these communications. You content to all notices, agreements, disclosures, and other communications that are provided to you electronically are in line with legal requirements that such communications be in writing.

COPYRIGHT

All graphics, images, text, logos, button icons, audio & video clips, digital downloads, data compilations, and software made available through or part of any SmartAfri Service, is the property of SmartAfri or its content suppliers and protected by Nigeria and international copyright laws. Hence, these are the exclusive property of SmartAfri and are protected by Nigeria and international copyright laws.

TRADEMARKS

To see the list of SmartAfri trademarks ``Click here”. In addition to the list, scripts, logos, graphics, page headers, button icons, and service names made available through or part of any SmartAfri Service are trademarks of SmartAfri in Nigeria and other countries. These should not be used for any product or services that is not SmartAfri’s in any way that discredits SmartAfri or causes confusion to our customers. All trademarks of others who are or are not affiliated with or sponsored by SmartAfri that appear in any SmartAfri’s service are sole property of their owners.

PATENTS

To see the list of applicable SmartAfri patents and licensed patents, Click here. There are portions of the SmartAfri Services that operates under license of one or more patents. One or more patents owned by SmartAfri apply to the SmartAfri Services and to the features and services accessible via the SmartAfri Services.

LICENSE AND ACCESS

Dependent on your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, you are granted a limited, non-transferable, non-sub licensable license by SmartAfri or its content provider to access and make personal and non-commercial use of the SmartAfri Services. This license does not include:

• ● any commercial use or resale of any SmartAfri Service, or its contents;
• ● any derivative use of any SmartAfri Service or its contents;
• ● any downloading, copying, or other use of account information for the benefit of any third party;
• ● any collection and use of any product listings, descriptions, or prices;
• ● any use of data mining, robots, or similar data gathering and extraction tools

All rights in these Conditions of Use or any Service Terms are reserved and retained by SmartAfri or its publishers, Licensors, suppliers, rights holders, or applicable content providers except expressly granted to you. Do not duplicate, reproduce, sell, resell, copy, visit or exploit any SmartAfri Services for commercial purpose except with a written consent of SmartAfri. Do not utilize framing techniques to enclose any trademark, logo, or other proprietary information nor use any meta tags or hidden text utilizing SmartAfri’s name or trademarks without a formal written consent of SmartAfri. Use the SmartAfri Services only as allowed by law. Do not misuse any of the SmartAfri Services. SmartAfri retains the right to terminate the licenses granted to you if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

To use SmartAfri Services, you need your own SmartAfri account and you will be required to log into the account, have a valid method of payment associated with it. We may charge any other valid means of payment, if there is a challenge charging your selected means of payment. Visit “Your Payments” to manage your payment options. You are responsible for managing, restricting access to your account and maintaining the confidentiality of your account and password. You also agree to accept responsibility for all activities that occur on your account and password. Children may not purchase any service on SmartAfri but it sells them to adults who can purchase with a credit card or other legal payment means. Children under 18 can use SmartAfri Services only with the involvement of a parent or guardian. For teenagers, parents and guardians can create profiles on SmartAfri platforms. Alcohol listings on SmartAfri are intended for adults. You may purchase alcohol or use any site functionality related to alcohol, if you are at least 21 years old. SmartAfri reserves the right to terminate accounts & rights to use SmartAfri Services, refuse service, remove or edit content, or cancel orders in its sole discretion.
PROHIBITION You may not be carryout or be involving uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post legal, decent, unthreatening reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information that are not defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), objectionable or injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SmartAfri reserves the right to remove or edit such content but does not regularly review posted content.
SmartAfri have royalty-free, irrevocable, nonexclusive, fully sublicensable right to use, modify, adapt, publish, perform, translate, reproduce, distribute, create derivative works from, and display contents or material throughout the world in any media unless otherwise indicated. You grant SmartAfri and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SmartAfri for all claims resulting from content you supply. SmartAfri has the right but not the obligation to monitor and edit or remove any activity or content. SmartAfri takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

The risk of loss and title for physical items passes to you upon our delivery to the carrier. This is because all purchases of physical items from SmartAfri are made pursuant to a shipment contract.

RETURNS, REFUNDS AND TITLE

Until the confirmed arrival of an item to the Our fulfillment center, SmartAfri does not accept title to returned items. At our discretion, a refund may be issued without requiring a return. In this situation, SmartAfri does not take title to the refunded item. For more information about our returns and refunds, please see our “Returns Center”.

PRODUCT DESCRIPTIONS

SmartAfri does not warrant that product descriptions or other content of any SmartAfri is exact, accurate, reliable, complete, current or error-free even though SmartAfri attempts to be as exact as possible. Kindly return a product in unused condition if it is not as described by SmartAfri.

PRICING

We review our List Prices (List Price is the retail price of a product as provided by a manufacturer, supplier or seller) at intervals against prices recently found on SmartAfri and other retailers. Certain products may have a previous price displayed, which is determined using recent price history of the product on SmartAfri.
We cannot confirm the price of an item unless you order it. In our quest to be accurate, few items in our catalog may be mispriced. We will contact you for instructions before shipping or cancel your order and send a notification on such cancellation if the correct price of an item sold by SmartAfri is higher than our stated price. Other merchants may follow different policies in the event of a mispriced item. Kindly note that we do not charge your credit card until we have made your product available to you in the case of digital products or after your order has entered the shipping process.

APP PERMISSIONS

When you use apps SmartAfri Applications you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To know more about these permissions, Click here.

SANCTIONS FOR SELLING SUBSTANDARD PRODUCTS

SmartAfri will make efforts to only register verified sellers and ensure that products sold on the SmartAfri platform meets global standards. No sales of substandard products will be encouraged. Any seller found or reported to have sold any substandard product may lose his/her SmartAfri Seller’s account, be fined or do a full refund to the buyer depending on outcome after investigation. However, either the Seller or Buyer shall indemnify, defend and hold harmless SmartAfri against any liability, loss, expense (including reasonable attorneys fees and litigation expenses) imposed upon or incurred in connection with any third party actions, demands, suits or claims.

OTHER BUSINESSES

We provide links to sites of affiliated companies and other businesses who provide services, software, or sell product lines through the SmartAfri Services. You are purchasing directly from these third parties not SmartAfri if you purchase any of the products or services offered by them. We do not warrant the offerings of these businesses or individuals (including the content of their Web sites) nor are we responsible for examining or evaluating their offerings. Hence, carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

by using the smartafri services and all information, content, materials, products, software and other services (which are made available to you on an “as is'' and “as available” basis unless otherwise specified in a written consent) you agree that your use of the smart services is at your sole risk. smartafri does not make representations or warranties of any kind, express or implied, as to the operation of the smartafri services unless otherwise stated in writing.
smartafri disclaims all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose to the full extent permissible by law. smartafri does not warrant that the smartafri services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the smartafri services, servers or electronic communications sent are free of viruses or other detrimental components. to the full extent permissible by law, smartafri will not be liable for any harm of any kind arising from the use of any smartafri service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through smartafri services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless stated in writing.

DISPUTES

Any dispute or claim relating in any way to your use of any SmartAfri Service will be adjudicated in the Courts of the Federal Capital Territory Abuja, Nigeria, and you consent to exclusive jurisdiction and venue in these courts. Provided that parties shall be free to elect to settle dispute amicably amongst themselves or by adequate alternative dispute resolution (ADR) We each waive any right to a jury trial.

APPLICABLE LAW

You agree that applicable Federal Nigeria Mercantile, Labour, Tort and contract laws, and any other applicable Nigeria Law, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SmartAfri when you use any SmartAfri Service.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

As the need may arise we reserve the right to modify our Service Terms, Condition of Use, Site, Policies at any time. If there is any invalid, unenforceable condition, it shall be termed severable and will not affect the validity and enforceability of other conditions. There are policies such as “Pricing Policy” which governs your use of SmartAfri Services. Kindly review them.

OUR ADDRESS

SmartAfri.com, Inc.
P.O. Box ……
Lanre Shittu House, Plot 1504 Cadzone B06,
Opposite Civil Service Club,
Mabushi, Abuja, Nigeria.
https://www.smartafri.com

ADDITIONAL SMARTAFRI SOFTWARE TERMS

SmartAfri ``Software Terms' ' refers to any software including upgrades to the software and any related documentation we make available to you in respect with SmartAfri Services (the "SmartAfri Software”).
1. Use of the SmartAfri Software: As permitted by these Conditions of Use and Service Terms, you can use SmartAfri Software for purposes of enhancing your use of SmartAfri Services. Do not use any part of the SmartAfri Software in any program or You may not incorporate any portion of the SmartAfri Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the SmartAfri Software in whole or in part. All software used in any SmartAfri Service is the sole property of SmartAfri or its software merchants and is protected by Nigeria and international copyright laws.
2. Use of Third Party Services: SmartAfri employs the services of Third party. You may also be using the services of one or more third parties such as a mobile software provider or a wireless carrier When you use the SmartAfri Software. Your use of these third party services may be subject to the policies, terms of use, and fees of these third parties.
3. No Reverse Engineering: Do not reverse engineer, disassemble, tamper with, decompile or bypass any security associated with the SmartAfri Software, whether in whole or in part.
4. Updates: There may be automatic or manual updates to the SmartAfri Software at any time without notifying you.
5. Government End Users: The SmartAfri Software is licensed to you as a Commercial Item as defined in the Nigeria Code of Federal Regulations if you are a Nigerian and the rights we grant you to this software are the same as the rights we grant to others under these Conditions of Use.
6. Conflict: In the event of any conflict between these Conditions of Use and any other SmartAfri or third-party Service terms applicable to any portion of SmartAfri Software, such as open-source license terms, such other Service terms will control as to that portion of the SmartAfri Software and to the extent of the conflict.

HOW TO NOTICES OR OTHER LEGAL PROCESSES.

SmartAfri accepts service of Notices or other legal processes when it is delivered at the Corporate Office of our Company or to any director of the Company through any other process allowed by law except by substituted service. Notices and other legal process may be served by sending them to our Corporate head office at the following address: SmartAfri.com, Inc.
Legal service address
Flat 5 No. 16 Cotonou Street
Wuse Zone 6, Abuja, Nigeria.
Contact: 09051517899, 07036768610
Attn: Legal Department – Legal Process
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include: for example, the name, e-mail, and physical address of a seller for seller information; e-mail and/or credit card number used to make purchases for retail purchase information; device serial number for SmartAfri devices; and IP address and complete time stamps.

PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

Kindly fill our “online form” to submit your complaint If you observed that your intellectual property rights have been infringed. You can use this form to report all types of intellectual property claims including, but not limited to copyright, patent claims and trademarks. We are swift in our response to concerns of rights owners about any alleged infringement, and we do not permit reoccurring infringers in appropriate circumstances. SmartAfri.com does not bear any liability for infringements or any form of right violation that arose as a result of third party use of our platform.
You may also submit written claims of copyright infringement to our Copyright Agent at:
SmartAfri.com, Inc.
Legal service address
Flat 5 No. 16 Cotonou Street
Wuse Zone 6, Abuja, Nigeria.
Contact: 09051517899, 07036768610
Attn: Legal Department – Legal Process
Kindly include the following information for Written claims concerning copyright infringement:
● A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
● A description of the copyrighted work that you claim has been infringed upon;
● A description of where the material that you claim is infringing is located on the site;
● Your contact address, telephone number, and e-mail address;
● A statement by you that you have a belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
● A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Was this information helpful? Yes/No