PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH LIMIT YOUR RIGHT TO HAVE A
DISPUTE HEARD IN COURT. PLEASE READ THIS AGREEMENT AND THE ARBITRATION PROVISION AND CLASS ACTION WAIVER BELOW CAREFULLY.
DESCRIPTION OF SERVICES
In the Site, Jerepage provides users with access to sales of luxury and Non Luxury resale items and services online (“the Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
LICENSE AND SITE ACCESS
Jerepage grants you a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual product of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Jerepage’s sole discretion) an unreasonable or disproportionately large load on Jerepage’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Jerepage to prevent or restrict access to the Site or Service.
Any unauthorized use by you shall terminate the permission or license granted to you by Jerepage.
MEMBERSHIP ELIGIBILITY & USER ACCOUNT
You are not permitted to access the Service or Site if you are under the age of 18 or if your account has been suspended or removed by Jerepage for any reason. You may not have more than one active account. Additionally, you are prohibited from selling, trading or otherwise transferring your Jerepage account to another party. If you do not meet the foregoing eligibility requirements, you may not use the Service or the Site.
You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Federal Republic of Nigeria or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Jerepage has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Jerepage has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof). If you use the Site or Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Jerepage immediately of any unauthorized use of your account or any other breach of security. Jerepage reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.
The Site and Service may provide you and other users with the ability to send messages or post content (together, “Postings”) to or for other users and non-users. Jerepage is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Jerepage may from time to time monitor the Postings on the Site or Service and may decline to accept and/or remove any Postings. You acknowledge that you are responsible for any Postings you may submit through the Site or Service, including the legality, reliability, appropriateness, originality and copyright of any such Postings. You may not upload to, distribute or otherwise publish through this Site any Posting that:
i. is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual product rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable Nigerian. or foreign laws;
ii. may contain software viruses or malware;
iii. contains advertisements or solicitations of any kind, or other commercial content;
iv. is designed to impersonate others;
v. contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
vi. contains messages by non-spokesperson employees of Jerepage purporting to speak on behalf of Jerepage or containing confidential information or expressing opinions concerning Jerepage;
vii. contains messages that offer unauthorized downloads of any copyrighted, confidential or
viii. contains multiple messages placed within individual folders by the same user restating
the same point;
ix. contains chain letters of any kind; or
x. contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to
AUTHENTICATION AND BRANDS
You acknowledge and agree that Jerepage’s authentication process is in-house and independent. Brands identified on the Site are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the website. Brands sold on the Site are not partnered or affiliated with Jerepage in any manner. However, Jerepage fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of Sellers submitting counterfeit goods.
DECLARATION OF CONDITION AND DESCRIPTION OF PRODUCT
The knowledge of Jerepage in relation to each product is partially dependent on information provided to us by the Seller, and Jerepage is not able to and does not carry out exhaustive due diligence on each product. We shall exercise reasonable care when making express statements in descriptions or condition of services and products as is consistent with our role as intermediary platform for the sale. Representation or statement made by Jerepage, is a statement made in light of (i) the information provided to us by the Seller (ii) scholarship and technical knowledge and (iii) the generally accepted opinions of relevant experts, in each case at the time any such express statement is made.
Prospective purchasers should note that descriptions of product are not warranties and that each product is sold “as is”. Such information is given for guidance only and the absence of such a reference does not imply that a work is free from latent defects which may not be visible for detection at the time of sale.
DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. JEREPAGE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR SERVICE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL JEREPAGE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT JEREPAGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JEREPAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES. NEITHER THE SELLER NOR JEREPAGE, NOR ANY OF OUR OFFICERS, EMPLOYEES OR AGENTS, ARE RESPONSIBLE FOR THE CORRECTNESS OF ANY STATEMENT OF WHATEVER KIND CONCERNING ANY PRODUCT WHETHER WRITTEN OR ORAL NOR FOR ANY OTHER ERRORS OR OMISSIONS IN DESCRIPTION OR FOR ANY FAULTS OR DEFECTS IN ANY PIECE. EXCEPT AS STATED IN (A) ABOVE, NEITHER THE SELLER, OURSELVES, OUR OFFICERS, EMPLOYEES OR AGENTS, GIVE ANY REPRESENTATION, WARRANTY OR GUARANTEE OR ASSUME ANY LIABILITY OF ANY KIND IN RESPECT OF ANY PRODUCT WITH REGARD TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, DESCRIPTION, SIZE, QUALITY, CONDITION, ATTRIBUTION, AUTHENTICITY, RARITY, IMPORTANCE, MEDIUM, PROVENANCE, EXHIBITION HISTORY, LITERATURE OR HISTORICAL RELEVANCE. EXCEPT AS REQUIRED BY LOCAL LAW ANY WARRANTY OF ANY KIND WHATSOEVER IS EXCLUDED BY THIS PARAGRAPH. THE BUYER UNDERSTANDS AND AGREES THAT THE EXCLUSIVE REMEDY FOR FAILED AUTHENTICITY SHALL BE RESCISSION OF THE SALE AND REFUND OF THE ORIGINAL PURCHASE PRICE PAID. THIS REMEDY SHALL CONSTITUTE THE SOLE REMEDY AND RECOURSE OF THE BUYER AGAINST JEREPAGE AND ANY OF OUR AFFILIATED COMPANIES AND THE SELLER AND IS IN LIEU OF ANY OTHER REMEDY AVAILABLE AS A MATTER OF LAW OR EQUITY. THIS MEANS THAT NONE OF JEREPAGE ANY OF OUR AFFILIATED COMPANIES OR THE SELLER SHALL BE LIABLE FOR LOSS OR DAMAGE BEYOND THE REMEDY EXPRESSLY PROVIDED UNDER THIS SECTION, WHETHER SUCH LOSS OR DAMAGE IS CHARACTERIZED AS DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, OR FOR THE PAYMENT OF INTEREST ON THE ORIGINAL PURCHASE PRICE. SALES TAX.
Purchases are subject to Value Added Tax. Other taxes may apply in some jurisdictions. It is the Buyer’s responsibility to ascertain and pay all taxes due to be paid directly by them. Buyers claiming exemption from sales tax must have the appropriate documentation on file with Jerepage prior to the release of the product.
PACKING AND SHIPPING
Buyers are responsible for all shipping costs and fees. Jerepage will at the Buyer’s expense, either provide packing, handling, insurance and shipping services or coordinate with shipping agents instructed by the buyer in order to facilitate such services for product purchased from Jerepage. As a courtesy to Buyers, Jerepage will, without charge, wrap purchased items for hand carry only. Any such instruction, whether or not made at our recommendation, is entirely at the Buyer’s risk and responsibility and we will not be liable for acts or omissions of third party packers or shippers. Jerepage will require presentation of government issued identification prior to release of a piece to the purchaser or the purchaser’s authorized representative.
You will indemnify and hold harmless Jerepage from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including lawyer and experts’ fees), incurred by Jerepage and such parties, and shall defend Jerepage and such parties against any and all claims arising out of (1) your breach of these Terms and Use (2) your breach of the Conditions of Service (“COS”) (3) fraud you commit, or your intentional misconduct or gross negligence; or (4) your violation of any applicable Nigerian or foreign law or the rights of a third party. Jerepage will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Jerepage.
Jerepage shall be excused from performance under these COS, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) extreme weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes (5) Infectious diseases of a national or global nature or (6) other causes beyond the reasonable control of Jerepage. In the event that Jerepage is temporarily unable to ship to you a purchased item because of such an event, Jerepage will give you the option of deferring shipment or receiving a refund of your charges.
MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU WAIVE THE RIGHT TO HAVE YOUR DISPUTE HEARD IN COURT AND WAIVE THE RIGHT TO BRING CLASS CLAIMS. YOU UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.
Any dispute or claim relating in any way to your use of Jerepage Service, the Site, or to any products or services sold or distributed by Jerepage or through Jerepage.com will be resolved in the first instance by mediation and if no resolution is reached, by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Mediator shall be jointly appointed by parties. Parties shall nominate a public figure whose integrity, skill or subject matter knowledge or experience can be easily verified or defer to appointment bi International Chamber of Commerce (ICC) where consensus cannot be reached on nomination. Mediation is an ADR process adopted to help parties find a resolution to dispute by facilitating and guiding discussions to find optimal solutions to disputes. Parties will have to agree to be bound by agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these COS as a court would.
Jerepage will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. We each agree that any arbitration will be conducted only on an individual basis between You and Jerepage and not in a class, consolidated or representative action or arbitration. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual product rights. If part of this provision is unenforceable, the remainder remains in effect.
The Site, Service or third parties may provide links to other websites or resources. Because Jerepage has no control over such sites and resources, you acknowledge and agree that Jerepage is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Jerepage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
MODIFICATION AND NOTIFICATION OF CHANGES
Jerepage respects copyright law and expects its clients and Sellers to do the same. It is the Jerepage’s policy to terminate access in appropriate circumstances of Members who repeatedly infringe or are believed to be repeatedly infringing on the rights of copyright holders.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the product of Jerepage and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Jerepage or such third party which may own the Marks. Information and content including any software programs available on or through the Service or Site (“Content”) may be protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose.
PROCEDURE FOR CLAIMS OF INTELLECTUAL PRODUCT INFRINGEMENT
Jerepage respects the intellectual product of others, and we ask our users to do the same. We reserve the right at our sole discretion, to disable and/or terminate the accounts of users who may be infringing the intellectual product of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual product rights have been otherwise violated, please provide us with the following information By
email: [email protected] to be passed to our copyright agent/ lawyer:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual product interest;
ii. a description of the copyrighted work or other intellectual product that you claim has been
iii. a description of where the material that you claim is infringing is located on the Site;
iv. your address, telephone number, and email address;
v. a statement by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual product owner or authorized to act on the copyright or intellectual product owner’s behalf.
SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other of this COS, or any general legal principles to the contrary, any provision of this COS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this COS.
If any of these conditions are deemed invalid, void, or for any unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Jerepage may offer special promotional offers which may or may not apply to your Jerepage account. Headings are for reference purposes only and do not limit the scope or extent of such section. These COS and the relationship between you and Jerepage will be governed by the laws of the Federal Republic of Nigeria without regard to its conflict of law provisions. You and Jerepage agree to submit to the personal jurisdiction of the federal and state courts located in the Federal Republic of Nigeria with respect to any legal proceedings that may arise in connection with these COS. The failure of Jerepage to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Jerepage does not guarantee it will take action against all breaches of these COS. Except as otherwise expressly provided in these COS, there shall be no third-party beneficiaries to these COS.These COS constitute the entire agreement between you and Jerepage and governs your use of the Site and Service (other than applicable Additional Terms), superseding any prior agreements between you and Jerepage with respect to the Site or Service.