TERMS OF SERVICE

This General Terms of Service (this “TOS”), as may be modified or amended periodically by THE MARKETPLACE (as defined below), is a legally binding agreement made by and between THE MARKETPLACE and you, personally and, if applicable, on behalf of the entity for whom you are using any of THE MARKETPLACE’s products or services, (collectively, “you” or “your”). This TOS governs your use of all THE MARKETPLACE products and services, including mobile applications and this website (“Services”) so please read it carefully. The “Effective Date” of this TOS is February 15th, 2016. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS TOS, WHICH CONTAINS WAIVER OF CLASS-ACTION RIGHTS AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, THE MARKETPLACE DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY THE MARKETPLACE, ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS.

About the Services and The Terms

  • The Services allow users to, among other things, find and compare products and services. The Services may provide paid listings, advertisements or other sponsored information. The Services may also commingle sponsored information with general, unpaid search results and may not distinguish between these two categories of information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings.
  • Eligibility. To use the Services, you must be, and represent and warrant that you are, of legal age (18 years and over) and of legal competence to enter into a binding agreement with THE MARKETPLACE, and are not otherwise prohibited from using or receiving the Services in accordance with this TOS. You must also be a registered business with the right to trade in the country your service is listed. By using the Services on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Services constitutes their acceptance of this TOS.
  • Additional Terms. THE MARKETPLACE provides a wide variety of Services to both consumers and business users. Some Services are subject to additional terms, which are listed below or presented to you when you use such Services. If you are using or would like to use any of the following Services, please follow the link below to access those additional terms. If there is a conflict between these TOS and the additional terms for a particular Service, the additional terms will control for that Service. You may not use any of these Services unless you agree to the applicable additional terms. Links to certain additional terms follow:
    1. If you advertise through THE MARKETPLACE or access our business services, then you will be subject to our MTN MyOffice Terms and MTN Business Terms and conditions
    2. Our developers are subject to our Developer Terms
    3. If you use any of our mobile apps, you are subject to our Mobile App End User Terms
    4. If you purchase products or services online, you are subject to our Electronic Commerce Terms
    5. If you create an account, you are subject to our Registered User Terms
    6. For the provision of our Services, THE MARKETPLACE is obligated to provide various legal notices by law and/or by contract, which are incorporated by reference into these TOS and the Mobile App End User Terms (where applicable). Please see the Legal Notices Page.
  • Nature of Services. THE MARKETPLACE provides Services that are, unless otherwise expressly stated, advertising sites and services. THE MARKETPLACE displays advertising on behalf of businesses and THE MARKETPLACE relies upon those businesses for the accuracy, completeness and honesty of that advertising. Under no circumstances does THE MARKETPLACE endorse and/or have any other connection with the businesses that advertise with us.
  • Changes to Terms. THE MARKETPLACE may periodically modify and supplement these TOS, with or without notice to you. You are responsible for regularly checking these TOS for revisions.
  • Changes to Terms. THE MARKETPLACE may periodically modify and supplement these TOS, with or without notice to you. You are responsible for regularly checking these TOS for revisions.

Using the Services

  • Grant of Rights. Subject to your compliance with the terms and conditions of this TOS, THE MARKETPLACE grants you a limited, non-exclusive right to use the Services, and any content and materials made available to you in connection with your use of the Services, only for your non-commercial, informational purposes and for such other purposes (and subject to such further limitations) as may be provided in this TOS (including any additional terms applicable to a particular Service) or any instructions for use that THE MARKETPLACE may provide from time to time
  • Termination. You may stop using the Services at any time, except to the extent you agree otherwise in the use of particular Services offered on a subscription or similar basis. THE MARKETPLACE may terminate your access to the Services in whole or in part if it reasonably believes you have breached this TOS, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use the Services. If your access to the Services is terminated, THE MARKETPLACE may exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. This TOS will survive indefinitely unless and until THE MARKETPLACE chooses to terminate it, regardless of whether any account you open is terminated by you or THE MARKETPLACE or whether you continue to use or continue to have the right to use the Services.
  • Intellectual Property Rights. Using the Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the Services, all of which is owned by THE MARKETPLACE, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in this TOS, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of the Services, without express permission from the owner or THE MARKETPLACE (as applicable). Using the Services does not give you any rights to use any trademarks, service marks, trade dress, trade names, or the like (“THE MARKETPLACE Marks”), used in connection with the Services, without express permission from the owner.
  • Unauthorized Use of Marks. Although THE MARKETPLACE protects and defends its rights in its intellectual property, it may not be aware of unauthorized use of THE MARKETPLACE Marks by a third party; accordingly, do not rely upon any third party’s use of any THE MARKETPLACE Marks in determining whether a third party is affiliated with THE MARKETPLACE, as such use may be unauthorized.
  • Prohibited Conduct. You may use the Services and any materials or content made available to you in connection with your use of the Services only as expressly permitted by this TOS and only in a manner that does not interfere with THE MARKETPLACE’s right or ability to provide the Services or any third party’s right or ability to use or enjoy the Services. Without limitation, you may not:
    • infringe, violate, or transgress any right of any party;
    • attempt to, disrupt or interfere with the security, provision or use of the Services;
    • impersonate another person or entity, misrepresent your affiliation with a person or entity (including THE MARKETPLACE), or use a false identity; (iv) attempt to obtain unauthorized access to the Services;
    • engage, directly or indirectly, in any THE MARKETPLACE employee of unsolicited communication;
    • collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Services;
    • submit false or misleading information to THE MARKETPLACE;
    • violate any law, rule, or regulation;
    • use any THE MARKETPLACE Marks or other portion of the Services (including in connection with meta tags or other “hidden text”) in advertising, promotions, or for other commercial purposes;
    • use the THE MARKETPLACE.com or THE MARKETPLACE domain name or any domain name that is confusingly similar to this or another THE MARKETPLACE domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service;
    • link to or “frame” any THE MARKETPLACE website (including deep linking to a specific portion of any THE MARKETPLACE website) or overlay content on the Services;
    • conduct script searches or use search results of the Services in a manner that results in the automated display of any material or other information on a third party website;
    • use the Services to compile information about a product or service for use in connection with a listing for a competitive product or service;
    • take any action that may undermine the ratings or review or similar process(es) under the Services; or
    • assist any third party in engaging in any activity prohibited by this TOS. THE MARKETPLACE reserves the right, but no,t the obligation, to monitor the Services for the purpose of determining that your usage is in compliance with this TOS.
  • Changes. THE MARKETPLACE may change or discontinue any of the Services at any time without notice or liability to you or any third party. Subject to the foregoing, MTN also reserves the right to change these terms and conditions at any time without notice. By accepting these Terms and

Privacy Policy

You agree that THE MARKETPLACE may collect, use, and share your information in accordance with THE MARKETPLACE’s Privacy Policy. You also agree and give Your express consent for Your names, photographs and other identification information to be published by MTN on the official MTN website (www.mtnbusiness.com.ng), in Newspapers and other media. If You do not wish to have Your names and personal information published in this manner, MTN will respect Your wishes and oblige Your request if a written notice to that effect is delivered at our Corporate Office and is acknowledged in writing by us prior to the conclusion of plans for such publication.

Content and Feedback

  • Your Content. Some of the Services allow you to submit or generate content. If you submit or generate content, you must comply with THE MARKETPLACE’s User Generated Content Guidelines. To the extent you have any intellectual property rights in such content, you will retain those rights subject to the grant of license in this Section. By uploading or otherwise submitting content in connection with your use of the Services, you grant THE MARKETPLACE (and its affiliates, distributors, and other contractors it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit content unless you have the right to grant this license for such content.
  • b. Feedback. If you submit ideas, suggestions or anything else about the Services (such as ways to improve the Services) to THE MARKETPLACE, you agree that THE MARKETPLACE can use or publish that feedback for any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any feedback to THE MARKETPLACE in which you do not wish to grant such rights.
  • Third Party Content. THE MARKETPLACE may provide access to third party content, such as user-generated reviews, other content submitted by users of the Services, and links to third-party websites. THE MARKETPLACE does not, unless otherwise provided:
    • undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other users) in connection with the Services;
    • undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or
    • endorse any positions, ideas, ideologies, concepts, or opinions contained in such third-party content. THE MARKETPLACE is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for your use, for the performance or operation of any third party website, for any products or services advertised or sold by any third party (including on or through a third party’s website), or for any other action or inaction by any third party. Your use of any such third party websites will be subject to those terms to which you and the third party agree. THE MARKETPLACE will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that THE MARKETPLACE is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services.
  • Objectionable Content. If you become aware of any objectionable third-party content, you may contact THE MARKETPLACE customer service to report it. THE MARKETPLACE will address such requests if and to the extent it deems appropriate, in its sole discretion.

Disclaimers, Exclusions, Limitations, and Inidentity

  • DISCLAIMER OF WARRANTIES. THE MARKETPLACE PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE MARKETPLACE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. THE MARKETPLACE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. THE MARKETPLACE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE. THE MARKETPLACE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM THE MARKETPLACE OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.
  • EXCLUSION OF DAMAGES. THE MARKETPLACE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.
  • LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE MARKETPLACE ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS OR THE SERVICES EXCEED THE LESSER OF: (I) AMOUNTS THAT YOU PAID THE MARKETPLACE FOR YOUR USE OF THE SERVICES; OR (II) WITH RESPECT TO SERVICES SUBJECT TO ADDITIONAL TERMS, THE AGGREGATE LIABILITY AMOUNT SPECIFIED IN SUCH ADDITIONAL TERMS.
  • STATE LAW RIGHTS. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THIS REGARD, YOU CONSENT THAT THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  • Indemnity. You agree to indemnify, defend and hold THE MARKETPLACE and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties:
    • alleging facts or circumstances that would constitute a breach by you of any provision of this TOS or
    • arising from, related to, or connected with your use of the Services. If you are obligated to provide indemnification pursuant to this provision, THE MARKETPLACE may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of THE MARKETPLACE.

Disputes

  • Applicability of Section. The terms of this Section 6 will apply to all disputes that may arise out of, are connected with or relate to this TOS or the Services, subject only to the following three exceptions:
    • if THE MARKETPLACE reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to THE MARKETPLACE or any third party, THE MARKETPLACE may seek injunctive or other appropriate relief in any court of competent jurisdiction;
    • certain Services are subject to different dispute resolution provisions, which are provided for in the terms applicable to such Services; or
    • any dispute may, at the option of the claiming party, be resolved in court in Lagos, Nigeria, provided that where all claims by all parties in the dispute fall within the jurisdiction of the courts in Lagos, Nigeria, same must first be submitted to the informal resolution process in Section 6.2 subject to the informal resolution in Section 6.2. Furthermore, in no event will the terms of this section limit THE MARKETPLACE’s ability to investigate complaints or reported violations of this TOS or to take any action THE MARKETPLACE deems necessary and appropriate to mitigate actions against THE MARKETPLACE, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
  • Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with the Services, you agree to contact THE MARKETPLACE customer service; provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give THE MARKETPLACE 30 days within which to resolve the dispute to a mutually acceptable resolution.
  • Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

Force Majeure

THE MARKETPLACE will not be liable for failing to perform under this TOS because of any event beyond its reasonable control.

General

This TOS and the governance, enforcement, and performance hereof will be governed, construed and applied in all respects by the laws of the Federal Republic of Nigeria without regard to any provision governing conflicts of law. This TOS (which includes all documents referenced above) supersedes all prior and contemporaneous agreements and understandings between you and THE MARKETPLACE relating to the Services. You may not transfer your rights or obligations under this TOS without the prior written consent of THE MARKETPLACE. THE MARKETPLACE may freely do so, in whole or in part. This TOS will be binding upon the successors and permitted assigns of you and THE MARKETPLACE. This TOS does not create any third party beneficiary rights. This TOS will be interpreted as if equally drafted by THE MARKETPLACE and you. A party’s failure or delay in exercising any right, power or privilege under this TOS will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under this TOS. You and THE MARKETPLACE are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect. The terms “includes” or “including” mean “includes, but is not limited to” and “including, but not limited to” respectively.

Contacts

By providing your email address, you agree that THE MARKETPLACE may send emails to you related to the Services. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the message. THE MARKETPLACE may send any legal notices to you via email, notification by a message to your account or regular mail. To give legal notice to THE MARKETPLACE, please send written communication to:

MTN Nigeria, Golden Plaza Falomo Roundabout Ikoyi, Lagos, Nigeria. THE MARKETPLACE:

THE MARKETPLACE means: an online portal that hosts a directory of Small Medium Enterprises (SMEs) in Nigeria, an e-commerce deals platform, a resource center, a freelance section and a community for SMEs.

Terms for Registered Users

IF YOU ACCESS ANY SERVICE THAT REQUIRES YOU TO CREATE AN ACCOUNT ACCESSIBLE THROUGH A USERNAME AND PASSWORD, THEN IN ADDITION TO THE PROVISIONS OF THE THE MARKETPLACE GENERAL TERMS OF SERVICE AND THE TERMS APPLICABLE TO ANY OTHER SERVICE THAT YOU ARE USING, THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOUR USE OF THE SERVICES.

  • You are solely responsible for keeping your password and all other account information confidential and for all use of your username and password, including, without limitation, any use by any unauthorized third party. It is your responsibility to maintain the security of your mobile device(s) from unauthorized access
  • THE MARKETPLACE employees will never ask for your password. If you are asked for your password, or if you believe someone may have obtained your password, you must immediately contact THE MARKETPLACE customer service
  • You must provide and keep us up-to-date with accurate information, including name, address, credit card number and expiration date (where required). We may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information, as well as the information you provided to register, is subject to the Privacy Policy, incorporated into this Agreement
  • THE MARKETPLACE, in its sole and absolute discretion, may terminate access to your account for any reason (including reasons related to unlawful or unauthorized usage). THE MARKETPLACE has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
  • By creating an account, you are deemed to have “opted-in” to all tracking, collection, use, and sharing permitted under our Privacy Policy. Without limitation, you agree to receive emails from us periodically relating to your account, site services, offers, and promotions, including third-party offers. You may change your email preferences at any time in your account settings. Without limitation, myou consent to THE MARKETPLACE's right to record any responses and ratings made by you in connection with your use of the Services.
  • When using the Services, THE MARKETPLACE may permit you to store data, preferences set by you, content or other information for your convenience, but THE MARKETPLACE is under no obligation to retain any such data, preferences, content or other information, including, without limitation, any coupon that you may have stored.

User Generated Content Terms

IF YOU USE THE SERVICES TO SUBMIT OR GENERATE CONTENT, THEN IN ADDITION TO THE PROVISIONS OF THE THE MARKETPLACE GENERAL TERMS OF SERVICE, PRIVACY POLICY AND THE TERMS APPLICABLE TO ANY OTHER SERVICE THAT YOU ARE USING, THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOU. SUCH CONTENT IS REFERRED TO BELOW AS “USER GENERATED CONTENT."

Please note, however, that advertisements are not deemed User Generated Content and, therefore, are not subject to the terms below, instead, THE MARKETPLACE’s Master Agreement for Advertising Services and internal standards will govern.

  • THE MARKETPLACE reserves the right, but not the obligation, to refuse to post or remove any User Generated Content in our sole and absolute discretion.
  • You represent and warrant that you will not post any of the following:
    • Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
    • Political campaigning, chain letters, mass mailings of any kind or any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail;
    • Assertions of unlawful conduct, including occurrences of illegal activity, malpractice, purposeful overcharging, or health code violations, or false, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings;
    • Individual information of other users or messages soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and/or other personally identifiable information;
    • Any content that may infringe any patent, trademark, trade secret, publicity rights, copyright or other intellectual or proprietary right of any party;
    • Any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form;
    • Any content that involves alcohol, tobacco, controlled or illegal substances, or weaponry, or that promotes or has a connotation to any illegal activity;
    • Reviews submitted by the reviewed business's owners, employees (past or present), agents, affiliates and/or competitors;
    • Reviews that appear to be exclamatory or otherwise appear to be purposefully deceptive or not based on personal knowledge or experience, as determined by THE MARKETPLACE in its sole discretion;
    • Any content that is promotional or commercial in nature, or is inappropriate or inaccurate based on the applicable subject matter, location or topic;
    • Content that violates any standards or policies of THE MARKETPLACE as determined by THE MARKETPLACE in its sole discretion;
    • Content that impersonates, disguises or conceals the identity of any person or entity or otherwise misrepresents a user's affiliation with a person or entity;
    • Content that is not legible, that is encrTHE MARKETPLACEted or that contains viruses, malware, trojan horses, worms, time bombs, cancelbots or other computer programming code or routines that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information; and
    • Content that intended to annoy, harass or anger other users, (e.g., “trolling”).

THE MARKETPLACE may take measures to remove User Generated Content from the business listing(s) of an advertiser or business who has decided to “opt-out” of the addition of supplemental material to its business listing(s).

If you see objectionable content in the course of your use of the Services, you may report such content to THE MARKETPLACE by contacting THE MARKETPLACE customer service or through any other applicable reporting means as provided through the Services. THE MARKETPLACE reserves the right to address such requests in any manner in its sole discretion.