Terms And Conditions

1. Introduction

1.1 Distress Sale is the trading name of the company and/or its affiliates (hereinafter referred to as "the Company", "we", "us", or "our"). The Company operates an online marketplace accessible through a website and/or mobile application (the "Marketplace").

1.2 The Marketplace provides an online platform that enables buyers and sellers to list, market, and purchase products, goods, assets, or services within the territories.

1.3 These General Terms and Conditions govern your access to and use of the Marketplace and any related services provided by the Company.

1.4 By accessing, registering for, or using the Marketplace, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.

1.5 If you do not agree to these Terms and Conditions, you must not access or use the Marketplace.

1.6 Where you access or use the Marketplace on behalf of a business, company, or other legal entity, you represent and warrant that:

• You have the authority to bind that entity to these Terms;
• These Terms will apply to both you and the entity you represent; and
• Any reference to "you" in these Terms shall include both the individual user and the relevant organization unless the context requires otherwise.

2. Registration and User Accounts

2.1 To use certain features of the Marketplace, you may be required to create an account.

2.2 You must be at least 18 years of age to register for and use the Marketplace.

2.3 By registering an account, you represent and warrant that all information provided by you is true, accurate, and complete.

2.4 When creating an account, you may be required to provide:

• an email address or user ID
• a password
• other relevant personal or business information

2.5 You are responsible for maintaining the confidentiality of your account credentials, including your password.

2.6 You agree to:

• Keep your login credentials confidential;
• Notify us immediately if you suspect unauthorized use of your account;
• Accept responsibility for all activities carried out through your account.

2.7 Accounts are personal and non-transferable. You must not transfer or assign your account to any third party without our prior written consent.

2.8 The Company reserves the right to suspend, restrict, or terminate any user account at its sole discretion where it reasonably believes that:

• the account has been used in violation of these Terms;
• fraudulent or unlawful activity has occurred; or
• the security or integrity of the Marketplace is at risk.

2.9 You may request the cancellation of your account at any time by contacting the Company using the contact details provided on the Marketplace.

3. Marketplace Transactions

3.1 The Marketplace serves as a platform that connects buyers and sellers for the sale and purchase of goods, assets, or services.

3.2 Unless expressly stated otherwise, the Company is not the seller of the products listed on the Marketplace and does not take ownership of items offered for sale by third-party sellers.

3.3 A legally binding contract for the purchase and sale of a product arises directly between the buyer and the seller once the buyer confirms the purchase through the Marketplace.

3.4 The Company may facilitate the transaction process, including payment processing, logistics coordination, or communication between buyers and sellers, but does not become a party to the contract between the buyer and seller unless expressly stated.

3.5 Sellers are responsible for ensuring that:

• They have legal ownership or authority to sell the listed product;
• The product descriptions, images, and information provided are accurate and not misleading;
• The product complies with all applicable laws and regulations.

3.6 Buyers agree that the price displayed on the product listing constitutes the purchase price, inclusive of any applicable taxes unless otherwise stated.

3.7 Any additional costs such as delivery fees, packaging charges, insurance, or handling charges must be clearly disclosed in the product listing before purchase.

4. Returns and Refunds

4.1 Returns and refunds shall be managed in accordance with the Returns and Refund Policy published on the Marketplace.

4.2 The Company may assist in coordinating the return process between buyers and sellers.

4.3 Refunds may be issued in one or more of the following forms:

• bank transfer
• digital wallet transfer
• store credit
• voucher or other approved payment method

4.4 All refunds are subject to compliance with the applicable laws of the jurisdiction in which the transaction occurs.

4.5 The Company reserves the right to amend the Returns and Refund Policy from time to time, and such changes shall apply to transactions made after the date of publication.

5. Payments

5.1 All payments made through the Marketplace must comply with the Payment Guidelines and policies published on the platform.

5.2 Buyers agree to make payment using the approved payment methods provided by the Marketplace.

5.3 The Company may engage third-party payment service providers to facilitate transactions.

5.4 The Company shall not be liable for any failure or delay caused by third-party payment service providers.

6. Promotions and Marketing

6.1 The Company may run promotions, discounts, or competitions on the Marketplace from time to time.

6.2 Participation in such promotions shall be governed by separate promotional terms and conditions published on the Marketplace.

7. User Content

7.1 Users may submit or publish content on the Marketplace including:

• product listings
• product images
• reviews
• comments
• messages

7.2 You warrant that any content submitted by you:

• is accurate and truthful;
• does not violate any applicable laws;
• does not infringe intellectual property rights;
• does not contain offensive, abusive, or illegal material.

7.3 The Company reserves the right to review, edit, remove, or restrict access to any user content that violates these Terms or applicable law.

7.4 By submitting content to the Marketplace, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, display, distribute, and promote such content for purposes related to the operation and marketing of the Marketplace.

8. Use of the Marketplace

Users agree not to:

• use the Marketplace for unlawful purposes;
• interfere with the operation or security of the Marketplace;
• attempt to hack, damage, or disrupt the platform;
• conduct automated data scraping without permission;
• transmit viruses or malicious software.

9. Intellectual Property

All intellectual property rights in the Marketplace, including software, logos, trademarks, design, and content, are owned by the Company or its licensors and are protected under applicable intellectual property laws.

Users may not reproduce, distribute, or commercially exploit any materials from the Marketplace without prior written consent from the Company.

10. Rules About Your Content

10.1 In these Terms, "your content" means:

• All works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software, and files) that you submit to us or our Marketplace for storage, publication, processing, or onward transmission; and
• All communications on the Marketplace including product reviews, feedback, and comments.

10.2 Your content and the use of your content by us in accordance with these Terms must be accurate, complete, and truthful.

10.3 Your content must be appropriate, civil, and tasteful and must not:

• be offensive, obscene, indecent, pornographic, lewd, suggestive, or sexually explicit;
• depict violence in an explicit, graphic, or gratuitous manner;
• be blasphemous or in breach of racial or religious hatred or discrimination legislation;
• be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, or inflammatory;
• cause annoyance, inconvenience, or needless anxiety to any person; or
• constitute spam.

10.4 Your content must not be illegal or unlawful, infringe any person's legal rights, or be capable of giving rise to legal action. In particular, content must not infringe or breach any copyright, moral right, trademark, design right, right of confidence, right of privacy, data protection legislation, contractual obligation, or court order.

10.5 You must not use our Marketplace to link to any website or web page containing material that would, if posted on the Marketplace, breach these Terms.

10.6 You must not submit to our Marketplace any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

10.7 The review function on the Marketplace may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic, or fake reviews.

10.8 You must not interfere with a transaction by:

• contacting another user to buy or sell an item listed on the Marketplace outside of the Marketplace;
• communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller, or item; or
• contacting another user with the intent to collect any payments.

10.9 You acknowledge that all users of the Marketplace are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.

10.10 We may periodically review your content and we reserve the right to remove any content at our discretion for any reason whatsoever.

10.11 If you learn of any unlawful material or activity on our Marketplace, or any material or activity that breaches these Terms, you may inform us by contacting us as provided in the Contact section below.

11. Our Rights to Use Your Content

11.1 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to reproduce, store, adapt, publish, translate, and distribute your content on our Marketplace and across our marketing channels and any existing or future media.

11.2 You grant to us the right to sub-license the rights licensed under section 11.1.

11.3 You grant to us the right to bring an action for infringement of the rights licensed under section 11.1.

11.4 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

11.5 Without prejudice to our other rights under these Terms, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish, or edit any or all of your content.

12. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for:

• losses arising from transactions between buyers and sellers;
• loss of profits, business opportunities, or revenue;
• technical interruptions of the Marketplace;
• events beyond the Company's reasonable control.

13. Use of Website and Mobile Applications

13.1 In this section, the words "Marketplace" and "website" are used interchangeably to refer to our Distress Sales websites and mobile applications.

13.2 You may:

• view pages from our website in a web browser;
• download pages from our website for caching in a web browser;
• print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
• stream audio and video files from our website using the media player on our website; and
• use our Marketplace services by means of a web browser subject to the other provisions of these Terms.

13.3 Except as expressly permitted, you must not download any material from our website or save any such material to your computer.

13.4 You may only use our website for your own personal and business purposes in respect of selling or purchasing products on the Marketplace.

13.5 Except as expressly permitted by these Terms, you must not edit or otherwise modify any product on our website.

13.6 We reserve the right to suspend or restrict access to our website, or areas of our website and/or functionality upon our website. You must not circumvent or bypass any access restriction measures on the website.

13.7 You must not:

• use our website in any way that causes or may cause damage to the website or impairment of its performance, availability, accessibility, integrity, or security;
• use our website in any way that is unethical, unlawful, illegal, fraudulent, or harmful;
• hack or otherwise tamper with our website;
• probe, scan, or test the vulnerability of our website without our permission;
• circumvent any authentication or security systems or processes on or relating to our website;
• use our website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
• impose an unreasonably large load on our website resources (including bandwidth, storage capacity, and processing capacity);
• decrypt or decipher any communications sent by or to our website without our permission;
• conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our website without our express written consent;
• access or otherwise interact with our website using any robot, spider, or other automated means except for the purpose of search engine indexing;
• use our website except by means of our public interfaces;
• use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing); or
• do anything that interferes with the normal use of our website.

14. Data Privacy

14.1 Buyers agree to the processing of their personal data in accordance with the terms of the Distress Sales Privacy and Cookie Notice.

14.2 Sellers shall be directly responsible to buyers for any misuse of their personal data and the Company shall bear no liability to buyers in respect of any misuse by sellers of their personal data.

15. Indemnity

You agree to indemnify and hold harmless the Company, its officers, employees, and agents from any claims, losses, or liabilities arising from:

• your breach of these Terms;
• your misuse of the Marketplace;
• any unlawful activity conducted through your account.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Nigeria. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Nigeria.

17. Contact Information

17.1 For inquiries or complaints regarding the Marketplace, you may contact the Company through the contact details provided on the platform.

17.2 You may contact our sellers for after-sales queries including any disputes by requesting their contact details from the Company, which shall be obliged to ensure that the seller is clearly identifiable.

17.3 You consent to receive notices electronically from us. We may provide all communications and information related to your use of the Marketplace in electronic format, either by posting to our website or application, or by email to the address on your account. All such communications will be deemed to be notices in writing and properly given to you.

If you have any questions about these Terms, please contact our customer service team or send us a direct email at: no1distresssales@gmail.com