This document is an electronic record in terms of National Information Technology Development Agency Act, 2007 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the National Information Technology Development Agency Act, 2007. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of the Konga.com website www.Konga.com (hereinafter referred to as "Konga.com.") and services and tools are governed by the following terms and conditions as applicable to Konga.com. If you transact on Konga.com, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with Konga.com Online Shopping Limited, a company incorporated under Companies and Allied Matters Act, 1990 with registered office at 40A Town Planning Way, Ilupeju, Lagos, Nigeria and these terms and conditions constitute your binding obligations.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
Use of the Konga.com Website is available only to persons who can form legally binding contracts under Nigerian governing laws. If you are a minor i.e. under the age of 18 years, you shall not register as a member of Konga.com and shall not transact or use Konga.com website. As a minor if you wish to use or transact on Konga.com, such use or transaction may be made by your legal guardian or parents who have registered as users of Konga.com. Konga.com reserves the right to terminate your membership and refuse to provide you with access to Konga.com if it is brought to Konga.com’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to Konga.com, You agree and understand that You are communicating with Konga.com through electronic records and You consent to receive communications via electronic records from Konga.com periodically and as and when required. Konga.com may communicate with You by email or by such other mode of communication, electronic or otherwise.
Membership on Konga.com is free. Konga.com does not charge any fee for browsing and buying on Konga.com. However Konga.com reserves the right to charge fee and change its policies from time to time. In particular, Konga.com may at its sole discretion introduce new services and modify some or all of the existing services offered on Konga.com. In such an event Konga.com reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Konga.com. Unless otherwise stated, all fees shall be quoted in Nigerian Naira. You shall be solely responsible for compliance of all applicable laws including those in Nigeria for making payments to Konga.com.
Use of Konga.com Website www.Konga.com
You agree, undertake and confirm that your use of Konga.com shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which You does not have any right to.
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" or misleading in any way.
(c) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) harasses or advocates harassment of another person;
(e) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
(f) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(g) infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(h) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(i) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(j) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(l) contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
(m) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) solicits gambling or engages in any gambling activity which Konga.com, in its sole discretion, believes is or could be construed as being illegal;
(p) interferes with another user's use and enjoyment of Konga.com Website or any other individual's user and enjoyment of similar services;
(r) harm minors in any way;
(s) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(t) violates any law for the time being in force;
(u) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(v) impersonate another person;
(w) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(x) threatens the unity, integrity, defence, security or sovereignty of The Federal Republic of Nigeria, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(y) shall not be false, inaccurate or misleading;
(z) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(aa) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Konga.com reserves the right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of Konga.com website, or any other systems or networks connected to Konga.com Website or to any Konga.com’s server, computer, network, or to any of the services offered on or through Konga.com Website, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of Konga.com website or any network connected to Konga.com website nor breach the security or authentication measures on Konga.com website or any network connected to Konga.com Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Konga.com Website, or any other customer of Konga.com, including any Konga.com account not owned by you, to its source, or exploit Konga.com Website or any service or information made available or offered by or through Konga.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Konga.com Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Konga.com Website or Konga.com’s systems or networks, or any systems or networks connected to Konga.com.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Konga.com on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Konga.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Konga.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Konga.com.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Konga.com and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Konga.com, and that the recipient may use such information to harass or injure you. Konga.com does not approve of such unauthorized uses but by using the Konga.com Website you acknowledge and agree that Konga.com is not responsible for the use of any personal information that you publicly disclose or share with others on Konga.com. Please carefully select the type of information that you publicly disclose or share with others on Konga.com.
Konga.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on Konga.com is owned, controlled or licensed by or to Konga.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Konga.com products and services purposely made available by Konga.com for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Konga.com does not take responsibility or liability for the actions, products, content and services on Konga.com website, which are linked to Affiliates and / or third party websites using Konga.com APIs or otherwise. In addition, Konga.com may provide links to the third party websites of affiliated companies and certain other businesses for which, Konga.com assumes no responsibility for examining or evaluating the products and services offered by them, and Konga.com does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Konga.com does not in any way endorse any third party website(s) or content thereof
Konga.com welcomes links to this site. You may establish a hypertext link to Konga.com website, provided that the link does not state or imply any sponsorship or endorsement of your site by Konga.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on Konga.com, including any logos or characters, without the express written consent of Konga.com and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Konga.com website without Konga.com’s prior written consent.
MANDATORY DECLARATION – COMPUTERS
1. You hereby declare that you have provided all necessary Legal Delivery Details for the shipment of the product to the destination specified by you in the Order.
2. You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit. (What of those people who buy from us in bulk to resell? Does this mean they can’t from us?)
Disclaimer Of Warranties And Liability
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Konga.com on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Konga.com does not warrant that:
• This website will be constantly available, or available at all; or
• The information on this website is complete, true, accurate or non-misleading.
Konga.com will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Konga.com website.
Konga.com does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Konga.com website; their servers; or electronic communication sent from Konga.com are free of viruses or other harmful components.
Nothing on Konga.com constitutes, or is meant to constitute, advice of any kind.
All the products sold on Konga.com are governed by different state laws and if Konga.com is unable to deliver such products due to implications of different state laws, Konga.com will return or will give credit for the amount received by Konga.com from the sale of such product, that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on Konga.com. By registering your phone number with us, you consent to be contacted by Konga.com via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Konga.com will not use your personal information to initiate any promotional phone calls or SMS'.
Warranties, Exclusions And Limitation Of Liability- (Enlisted Merchants Goods And Services)
Unless expressly given in writing, Konga does not make any representations nor give warranties or guarantees of any nature whatsoever whether express or implied in respect of merchants and their goods and services once you initiate communication with a merchant privately off Konga’s website including but not limited to you’re the character of merchant, implied warranties of the merchantability and fitness or suitability of the merchant’s goods and services for any intended purpose.
Konga shall not be liable to you or any third party for any loss, fraud or damage which you or such third party may suffer or incur as a consequence of initiating the transaction irrespective of whether such loss or damage is direct, special, incidental, consequential or otherwise unless such loss is directly attributed to the fraudulent intent of Konga.
Notwithstanding any other provisions of this agreement, Konga’s liability to you and or any third party for any loss or damages of any nature whatsoever, including without limitation any damage or loss specifically proven by a competent court to be caused by Konga shall in any event and under all circumstances be limited to the cost of the goods transacted.
While availing any of the payment method/s offered at Konga.com, Konga.com will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by you and between your "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s.
All payments made against the purchases/services on Konga.com by you shall be compulsorily in Nigerian Naira acceptable by the Central Bank of Nigeria. Konga.com does not accept any other form of currency with respect to the purchases made on Konga.com.
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to: 1. lack of authorization for any transaction/s, 2. or exceeding the preset limit mutually agreed by you and between your "Bank/s", 3. or any payment issues arising out of the transaction, 4. or decline of transaction for any other reason/s.
All payments made against the purchases/services on Konga.com by you shall be compulsorily in Nigerian Naira acceptable by the Central Bank of Nigeria. Konga.com does not accept any other form of currency with respect to the purchases.
The Wallet ("Wallet") is a pre-paid payment instrument which is associated with your Konga.com account. You can maintain a balance of money with Konga.com and redeem it at your convenience.
Konga.com will not pay any interest on the amount maintained by you in your Wallet.
Refill of Wallet: Your Wallet can be refilled, using any of the pre-paid payment options only. You will be able to recharge your Wallet up to an amount of N1,000,000 in one instance. There is no need to maintain a minimum balance.
Refund of Wallet Amount: Your wallet comprises of three types of balances - Store credit (which is a credit granted by Konga.com typically in lieu of a cancelled order), Topped-up balance (which is a prepaid amount that you added to wallet to pay for future orders on Konga.com) and Promotional balance (which is credit granted by Konga.com purely for promotional or goodwill purposes). Topped-up balance (prepaid amount) as well as the Promotional balance added to the Wallet will be non-refundable While Store credit will continue to be entirely refundable.
Limitation of Liability: In no event will Konga.com be liable for any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of Wallet or association with the Wallet.
Without limiting other remedies, Konga.com may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to Konga.com website in the event, but not limited to:
2. If Konga.com is unable to verify or authenticate any information you provide; or
This Agreement shall be governed by and interpreted and construed in accordance with the laws of The Federal Republic of Nigeria. The place of jurisdiction shall be exclusively in Lagos, Nigeria.
Jurisdictional Issues/Sale in Nigeria Only
Unless otherwise specified, the material on Konga.com is presented solely for the purpose of sale in Nigeria. Konga.com makes no representation that materials in Konga.com are appropriate or available for use in other locations/Countries other than Nigeria. Those who choose to access this site from other locations/Countries other than NIgeria do so on their own initiative and Konga.com is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than Nigeria, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by Konga.com. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Konga.com web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
We at Konga.com respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at [email protected]
Risk of loss
All items purchased from Konga.com are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with Konga.com until the item is transferred to You. In the event that the items are damaged after receipt, the risk falls on the customer.
Konga.com tries to be as accurate as possible. However, Konga.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Konga.com itself is not as described, your sole remedy is to return it in unused condition.
If Konga.com comes across any difference in pricing resulting from typographic errors with regards to pricing or product information, Konga.com shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.
Cancellation of order
Konga.com reserves the right to cancel any order without any explanation for doing so, under situation where Konga.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Konga.com policy or for any reason. However, Konga.com will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
Limitation of Liability
IN NO EVENT SHALL Konga.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF Konga.com HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.