Terms and Conditions for the use of ‘dealfish’
- WHO YOU ARE CONTRACTING WITH: www.dealfish.com.ng (“the Site”) is owned and operated by dealfish, a division of ExceteraHub Nigeria Limited, registration number RC 6000019, a company incorporated in accordance with the laws of Nigeria, with a registered address at 16 Akindele Crescent, Isolo, Lagos, Nigeria (hereinafter referred to as “we” or “us” or “our”).
- LEGALLY BINDING CONTRACT: These Terms and Conditions (“these Terms”) apply to all visitors to the Site (“Users” or “you”), including those Users who make use of the services available on the Site, either by advertising, viewing advertisements, or by contacting persons who advertise, on the Site. Please review these Terms for the use of the Site carefully. If you do not understand and/or agree to the Terms, do not continue to use the Site. Your continued use of the Site will constitute your acceptance of these Terms unmodified by you and your agreement to follow and be bound by them.
- NO UNDER 18’s: If you are an individual under 18 years of age, do not continue to use the Site. The dealfish service may only be used by individuals who are 18 years or older, or legal entities. By continuing to use the Site, you warrant that you have contractual capacity to agree to these Terms.
- “dealfish” is an electronic communication platform we provide on the Site. “dealfish” comprises various services (“Services”) which enable Users to post, view and/or respond to temporary classified advertising for products and/or services (“Ads”).
- These Terms shall endure, as may be amended from time to time, for an indefinite period, subject to termination in accordance with the provisions of these Terms.
2. Amendment of these Terms
These Terms may be amended by us in our sole discretion from time to time. Any amended Terms will be published on the Site. A notice will be placed on the Site indicating that the Terms have been amended and the date on which the amended Terms will take effect. Please regularly check the Site because if you keep using the Services after we place such a notice, your continued use of the Site and/or Services will be deemed as your acceptance of the new Terms.
3. Your User Account
- To use certain of the Services, including being able to upload your own Ads to the Site, you will need to register for and be logged in to your User account.
- You must keep your User account username and password confidential and not disclose it to anyone else. You are solely responsible for keeping your username and password secure and we will not be liable for any harm or loss suffered by you due to any unauthorised person gaining access to your username and/or password. If you believe the security of your username and/or password has become compromised, please notify us by contacting firstname.lastname@example.org
3. Submitting & Removing Ads
- The Site enables you to create and upload your own Ads for publication on the Site, provided that we may decide whether or not to use Ads submitted by you in our sole discretion. In particular, we reserve the right to reject any Ads which we in our sole discretion regard as being contrary to these Terms, particularly the Ad Rules in clause 7 below.
- Prior to us publishing any Ads submitted by Users, we also reserve the right to review and moderate Ads, to rectify obvious errors in spelling or grammar in Ads and/or alter the format or layout of Ads as may be required. You hereby waive any claims and assertions of moral rights or attribution with respect to your Ads or any part thereof.
- You are able to modify and/or remove any of your Ads displayed on the Site at any time using the functionality for doing so when logged in to your User account on the Site.
- We reserve the right to automatically remove Ads from the Site after having been displayed for a certain period of time (usually 30 days), but we will give you prior notice thereof and you will be able to prevent such automatic removal by re-activating the continued display of your Ad.
4. Our use of Ad content
- We may, but are not obliged to, publish the whole or any part of any Ads in any other media including in newspapers, flyers, and other websites (“Other Media”) at no additional cost to you. You accordingly grant us the irrevocable right and license to use the whole or any part of any Ads you post on the Site for any purpose and in any medium, including the right to reformat it, edit it, publish it, associate it with your User account name, incorporate it into other works, create derivative works from it, distribute it, promote it, and license these same rights to third parties for use in connection with Other Media.
- You accordingly grant Site Users as well as the users of any Other Media the irrevocable right to access your Ads in connection with their use of the Site or such Other Media (as the case may be).
- We have no obligation to retain or provide you with copies of your Ads.
- We and our licensees may display advertisements and other information adjacent to your Ads on the Site and in Other Media and you are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
5. Privacy and Use of Users’ Personal Information
- In using the Services, we also require you to respect the privacy of other Users. More specifically, you may only use information regarding any particular User to legitimately follow up with such User about a specific Ad and for no other purpose whatsoever. In particular, you may not send spam messages (whether in the form of text messages, emails or otherwise) to any Users or collect personal information regarding any Users.
- Note that you need not disclose any personal information within the content of any Ads you submit for publication, but should you decide to include any personal information within the content of your Ads, such personal information will become public. Note in particular that, as stated in 5.1 above, any Ads displayed on the Site may, in our sole discretion, be duplicated in certain other media, including in newspapers and/or other websites.
6. Rules for Ads
- You may not submit content which violates any statute, regulation or any other law or any third party rights. In particular you may not submit content which:
- is vulgar or offensive;
- breaks the rules of social etiquette;
- is defamatory or libellous,
- propagates hatred, violence, racism or xenophobia;
- violates personal or intellectual property rights of third parties;
- copies, modifies, or distributes any other person’s content without that person’s consent;
- is false or misleading;
- may include or includes viruses or any other technology which may harm the Site and/or other Users, including spam;
- relates to services commonly regarded as morally reprehensive, including prostitution and pyramid schemes;
- advertises services which are in competition with the Service
- implies that you, your Ad, or the products or services advertised in your Ad are in any way sponsored or endorsed by Dealfish.
- The posting of Ads concerning the sale of the following is strictly prohibited:
- drugs and other narcotic substances;
- obscene and erotic materials, products or services;
- cigarettes and tobacco products;
- tickets for sporting events where the sale does not comply with the rules in clause 4.3 below;
- pharmacology products and medications;
- human organs;
- goods which have been stolen or obtained by violence or other crime;
- items hazardous to human life or health;
- goods whose advertising and sale are prohibited or regulated by any Nigerian statute, regulation or any other relevant law whatsoever;
- goods which do not exist.
- If you wish to sell tickets for sporting, music or other events, you must ensure that you comply with the conditions under which the ticket was issued. Furthermore, if you are selling the ticket at a price above or below the face value of the ticket, you must state the face value in the Ad. We do not support ticket touts or scalpers and Ads not containing the face value of the ticket may be removed by us.
- You may post only one Ad concerning a particular product or service. Duplicate Ads are not permitted.
- Ads may not contain key word manipulation and must be assigned to an appropriate category.
- We do not accept any liability for monitoring the Site or for unauthorised or unlawful content on the Site.
7. Your responsibility for your Ad content
- You are solely responsible for the content of your Ads and any other content you submit to the Site, which means that you will be solely liable should, for example, your Ads or your use of the Service violates a third party’s rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
- You assume all risks associated with the use of any of your Ads by any person, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in your Ads that makes you personally identifiable.
- You warrant and represent that you own, or have the necessary permissions to use, and authorise the use of, your Ads on the Site and in Other Media and as described herein.
8. Intellectual Property
The Site contains content that is protected by copyright, trademarks and other intellectual property rights. Unless otherwise specifically stated, you must not, and must not allow anyone else to, copy, store, modify, transmit distribute, publish, broadcast or otherwise use any such content except as necessary for the normal use and enjoyment of the Site.
9. Suspension, disruption or termination of the Services
- We will endeavour to operate the Services without disruption, however, we reserve the right to:
- temporarily suspend the Services, or any part thereof;
- place limitations on the use of the Services; and/or
- remove or edit Ads posted by you or any other User,
for any reason, in our sole discretion and without having to notify you or any other User or give any reasons for such action.
- We may terminate the Services and/or shut down the Site at any time. We will however place a notice of any such intended termination on the Site itself, and will email notice thereof to all Users who then have active Ads listed on the Site
Should we, in our sole discretion, determine that you are in breach of these Terms, then without having to notify you or give any reasons for such action, we may, in addition to the steps referred to in clause 6 above –
- prevent you from using the Services, whether absolutely or partially (for example, by preventing log ins, posting of Ads and/or replying to Ads) ;
- take any other action which we may deem appropriate, which may include instituting a claim for the recovery of any damages which we may have suffered arising from your breach of these Terms.
11. Fees & Charges
Use of the Services is, for the most part, free of charge. We may however elect to charge a fee for certain of the Services. If the Service you use incurs a fee, you will be able to review and accept terms that will be clearly disclosed at the time you post your Ad. The fees may be amended by us from time to time. Amendments to our fee policy will be posted on the Site.
Disclaimer & Limitation of Liability
- The Site and the Services are provided ‘as is’ and we are not liable for anything you find on the Site or any liability you incur through your use of the Services.
- All risk and liability arising from your use of the Site and Services vest with you and we shall not be liable for any loss or damage of any kind whatsoever arising from your use of the Site and/or Services, including any misrepresentations, negligence, omission of information or incomplete information, caused or resulting from any reliance on the contents of any Ads placed on the Site.
- Accordingly, we will not be liable in any way whatsoever for any loss, liability, damage or expense you may suffer, either directly or indirectly, as a result of your use of the Site and/or Services, including –
- your purchase of any product or service advertised on the Site;
- any failure by a User to deliver any product or service sold by such User to you;
- any fault or defect in any product or service purchased by you;
- any failure by a User to pay the purchase price or other consideration due in respect of a product or service sold by you to such User;
- any other act or omission by any party whatsoever.
- Site Content
- We may, but are not obliged to, review any and all content uploaded or displayed on the Site and, whilst we are under no obligation to do so, may remove or delete any such material that in our sole discretion contravenes these Terms.. However we are not responsible for the content of any Ads or hyperlinks to products or services referred to in any Ads.
- The contents of the Site and the Services operated thereon do not constitute any legal representations or warranties by us. No reliance may be placed on the information posted on the Site and we disclaim any and all representations and warranties which may be made by any Users, including but not limited to warranties as to the quality, accuracy or content of information of whatsoever nature, products or services, and warranties of merchantability or fitness for a particular purpose of any goods or services.
- Conduct of other Users
- We do not assume liability or responsibility for any other Users’ behaviour or for any loss or damage arising from the products or services advertised by any User or the use thereof.
- Without limiting the provisions of clause 9.3.1 above, you acknowledge and agree that we are not a party to any of the transactions involving goods or services advertised on the Site and will not be liable for any loss or damage arising as a result of any transaction involving goods or services advertised on the Site, any failure by a seller to sell or provide the goods or services advertised on the Site, any failure by a buyer to pay for the goods or service, or any other action or omission by either party to a transaction.
- You acknowledge that you are solely responsible for evaluating the price, quality and legitimacy of any goods or services offered for sale on the Site and we do not guarantee that any party involved in transactions arising from Ads placed on the Site is or will act in good faith. We cannot and do not vouch for the credibility of any User and accordingly accept no liability arising from same.
- Service Continuity, Errors & Viruses
- We do not warrant that the Site or the server that makes the Site available are free from viruses or other harmful components. We are not responsible for harm to your computer that comes as a result of using the Site or Services, whether directly or indirectly.
- We do not warrant that the functions provided by the Services will be uninterrupted and/or error free and we may suspend access to the Site and/or the Services without notice at any time and accepts no liability for any consequences of the Site and/or the Services being unavailable for any reason.
- Your indemnification of usYou hereby indemnify us and holds us harmless against any and all loss, liability, expense or damage we may suffer, or any actions, proceedings or claims which may be made against us by third parties, which arise, directly or indirectly, from or in relation to your conduct on the Site, your use of the Services, or your failure to comply with these Terms.
- Limitation of Liability
- We will not be liable in any way or under any circumstances for any indirect or special damages, consequential loss, loss of profits or loss of data.
- If we are found, despite clauses 9.1 to 9.5 above, to be liable for any reason, our liability to you or any third party concerned (whether in contract, delict, negligence, strict liability, by statute or otherwise) is limited to ZAR1 000 (One Thousand South African Rand) or the equivalent thereof in Nigerian Naira.
Jurisdiction & Dispute Resolution
- If any dispute arises between you and us, we shall attempt to resolve such dispute by negotiation. In this regard either party may give a notice in writing to the other party requesting that the parties meet in an attempt to resolve the dispute.
- If the parties are not able to resolve the dispute within 30 working days of the date of the aforesaid notice requesting the meeting, then either party may refer the dispute to arbitration to be finally resolved in accordance with the rules of the Arbitration Foundation of South Africa. Such arbitration shall be held in Cape Town, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in, and judgement upon any award may be entered in any court of any country having appropriate jurisdiction.
- This clause shall not preclude any party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
- These Terms constitute the whole agreement between you and us relating to the use of the Site and the Services.
- The laws of the Republic of South Africa shall govern these Terms.
- If any provision of these Terms is unlawful, void or for any reason unenforceable in terms of the laws of the Republic of South Africa, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining Terms.