Welcome to the www.kaymu.com.ng website and application (the "Site"). These Terms and Conditions ("Terms and Conditions") apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. This website is owned and operated by Atol Internet Services Limited “The Company”.
www.kaymu.com.ng is a Market Place which is open for everybody to sell their products on our Site. None of the products listed on the Site are owned or sold by www.kaymu.com.ng, neither is www.kaymu.com.ng involved in the actual sale transaction between the buyers and sellers on its Site. For the purpose of this website “we”, us” and “our” all refer to www.kaymu.com.ng.
By accessing the Site, you confirm your understanding of the Terms and Conditions and agree to comply with these terms and conditions. If you do not agree to these Terms and Conditions of use, please do not access, register with or use this Site. The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
www.kaymu.com.ng wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable product. Therefore you confirm that you are at least 18 years of age, or an emancipated minor, or are accessing the Site under the supervision of a parent or legal guardian. Without prejudice to any other rights and remedies of www.kaymu.com.ng under these Terms and conditions or at law, www.kaymu.com.ng reserves the right to limit or withdraw access to the Site or the membership of any person if www.kaymu.com.ng believes that person is under the age of 18 years.
We grant you a non-transferable, revocable and non-exclusive license to use the Site, in accordance with the Terms and Conditions described herein, for the purpose of shopping for personal items sold on the Site. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
The Site is not available to persons whose membership has been suspended or withdrawn at any time by www.kaymu.com.ng. Further, if you are registering as a business entity, you agree that you have the authority to bind that entity to these Terms and conditions and that you and the business entity will comply with all applicable laws relating to the scope of activity undertaken. No person or business entity may register as a member of the Site more than once, liability under these Terms and conditions is to the specific individual, directly or indirectly related to the email address given by the users.
Product representations expressed on this Site are those of the sellers. Submissions or opinions expressed on this Site are those of the individual posting such content and do not necessarily reflect our opinions. Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. During the registration process you agree to receive direct and promotional emails, SMS, and push notifications from the Site, and all of its divisions, subsidiaries, and affiliate operated Internet services. You can subsequently unsubscribe to receiving such direct and promotional communications by clicking on the link at the bottom of any promotional email or communication you receive but please note that some communication is necessary to complete a purchase/sell of an order and you cannot opt out of this communication if you are purchasing or selling.
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site:
www.kaymu.com.ng may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to www.kaymu.com.ng upon such requests. You acknowledge and agree that if you do not, www.kaymu.com.ng without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
Our aim is to ensure accessibility to the website at all times, however, we reserve the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.
In order to post a comment, question, review, and suggestion or submit any content to www.kaymu.com.ng you accept these Terms and conditions. www.kaymu.com.ng does not guarantee any confidentiality with respect to any User Submission, including your identity, regardless of whether a User Submission is posted or not, and you agree to allow (but not require) the use of your name or the name you submit to www.kaymu.com.ng in connection with your User Submissions.
In addition to the rights applicable to any Submission, when you post comments, questions, suggestions, or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
www.kaymu.com.ng and the community work together to keep our sites and services working properly and the community safe. Please report items, problems, offensive content and policy breaches to us. We work to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate.
You agree that we may communicate with you by promotional and direct email, SMS, push notifications or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy the Laws of Nigeria that such communications be in writing. www.kaymu.com.ng requires your agreement during the registration process to send you, www.kaymu.com.ng and all of its divisions, subsidiaries, and affiliate operated Internet sites, promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the unsubscribe link provided in the email, but please note that some communication is necessary to complete a purchase/sale of an order and that you cannot opt out of this communication if you are purchasing or selling.
You acknowledge and agree that www.kaymu.com.ng shall endeavor to give you notice for any amendment to these Terms and conditions that materially increases your obligations or decreases your rights under these Terms and conditions ("Substantial Amendment") in accordance with the terms of these Terms and conditions. You acknowledge and agree that www.kaymu.com.ng at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
The Site is an online market place platform allowing for the sale and purchase of items between end-user sellers and buyers.
Membership on the Site is free. www.kaymu.com.ng charges a transaction fee to all sellers when their item is successfully sold, and special fees for additional services agreed with the sellers.
Before you list an item for sale through the Site, we request you to review the Transaction Fees that you will be charged as stated on our Commissions Page on www.kaymu.com.ng. Kaymu may amend the Commission Fees payable under our Commissions Page and will communicate the change two weeks in advance.
Unless otherwise stated, all Commission Fees shall be quoted in your country's currency. You must pay all fees due and payable to www.kaymu.com.ng (and any applicable taxes or charges) within 14 days of the date of the invoice via a valid payment method as set out on our Transaction Fees.
In case of non-payment of fees and/or any applicable taxes and charges by you to www.kaymu.com.ng, without prejudice to any other rights and remedies of www.kaymu.com.ng under these Terms and conditions or at law, www.kaymu.com.ng without liability reserves the right to:
The www.kaymu.com.ng SafePay system means that payment for items on the Site may be made online or via other payment methods which www.kaymu.com.ng may make available on the Site from time to time.
By providing the SafePay, www.kaymu.com.ng is merely facilitating the making of online payments by buyers possible but www.kaymu.com.ng is not involved in the process of buying and selling items on the Site. All sales and purchases on the Site continue to be bipartite contracts between the buyer and the seller of an item(s) and www.kaymu.com.ng is not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any buyers and sellers, nor does www.kaymu.com.ng have any fiduciary duty to any user. You acknowledge and agree that www.kaymu.com.ng will hold your funds at your own risk.
While using the Site, you will not:
You undertake, represent and warrant that:
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either www.kaymu.com.ng, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of www.kaymu.com.ng, is protected by copyright, trademarks, patents or other intellectual property rights and laws and may not be used downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited.
www.kaymu.com.ng is not responsible for copyright infringement.
"www.kaymu.com.ng" and related logos, and other words and logos are either unregistered trademarks or registered trademarks of www.kaymu.com.ng and are protected by international trademark and other intellectual property rights and laws. www.kaymu.com.ng's trademarks may not be used in connection with any product or service that is not www.kaymu.com.ng's nor in any manner that disparages or discredits www.kaymu.com.ng. All other trademarks not owned by www.kaymu.com.ng that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by www.kaymu.com.ng.
www.kaymu.com.ng is not responsible for any intellectual property infringement.
www.kaymu.com.ng has a "Buyer Protection Program", please find it on the link below:
The Site is only a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items. www.kaymu.com.ng does not buy or sell items. www.kaymu.com.ng is not and cannot be a party to or control in any manner any transaction between two users of the Site and cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same.
Kaymu might access and use the communications between buyers and sellers.
Kaymu might use browsing, transaction history data to customize offers and communications.
You will not hold www.kaymu.com.ng responsible for other users' content, actions, or inactions, or items or Information they list or post.
The Site may include links to third party websites that are controlled by and maintained by others. www.kaymu.com.ng cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that www.kaymu.com.ng is not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the Site.
Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and www.kaymu.com.ng holds no responsibility in respect of such arrangements.
www.kaymu.com.ng accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
www.kaymu.com.ng excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.
You release and indemnify www.kaymu.com.ng and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.
www.kaymu.com.ng do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. www.kaymu.com.ng use your information only as described in the ‘KAYMU’ Privacy and Confidentiality Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers that are protected by physical as well as technological security devices. For a complete description of how we use and protect your personal information, see the ‘KAYMU’ Privacy and Confidentiality Policy. If you object to your information being transferred or used in this way please do not use our services.
Without prejudice to any other rights and remedies of www.kaymu.com.ng under these Terms and conditions or at law or otherwise, www.kaymu.com.ng may immediately and without liability: limit your activity, remove your offer, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, revoke any or all of your rights granted under these Terms and Conditions, and/or limit or withdraw your access to the Site:
www.kaymu.com.ng may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with www.kaymu.com.ng or use the Site in any manner whatsoever until such time that such user is reinstated by www.kaymu.com.ng. Notwithstanding the foregoing, if you breach these Terms and conditions www.kaymu.com.ng reserves the right to recover any amounts due and owing by you to www.kaymu.com.ng or any losses and damages caused by you to www.kaymu.com.ng and to take such steps including legal action and/or the initiation of criminal proceedings against you as www.kaymu.com.ng in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of www.kaymu.com.ng's right to take any actions with respect to that, or subsequent or similar breaches. www.kaymu.com.ng does not guarantee that it will take action against all breaches that there may be of these Terms and conditions.
Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of www.kaymu.com.ng, your sole and exclusive remedy is to discontinue using the Site.
All purchases on the Site are a commitment by you to complete the purchase of the item on which you have purchased. If you are the buyer for any item and your purchase is accepted by the seller, you are obligated to complete the transaction with the seller.
By purchasing an item you agree to be bound by the conditions of sale included by the seller in the item's description on the Site (so long as those conditions of sale are not in violation of these Terms and conditions or are not in compliance with applicable laws). In case of consumer goods generally available in retail stores, sellers on the Site may or may not specify the normal retail prices of items being sold. You are advised to independently verify the retail prices of such items if you so desire.
You agree not to test the Site with false purchases, nor to use a false name, other false personal information or use an unauthorized or known invalid credit card to purchase. Without prejudice to the rights and remedies available to www.kaymu.com.ng under these Terms and conditions or at law, www.kaymu.com.ng may take such steps as it deems appropriate or necessary including taking legal action against users who intentionally enter erroneous, fictitious or fraudulent purchases. Please be aware that even if you do not give www.kaymu.com.ng your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
As a registered member of the Site, you may list item(s) for sale on the Site. You may only offer for sale or sell item(s) on the Site in compliance with applicable laws and you must be legally able to offer for sale or sell such items under applicable laws. The price of an item is inclusive of all taxes. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating your contact details (e.g. contact phone number, address or e-mail) in the item listing or elsewhere on the Site other than in your registration data is expressly prohibited and would constitute a breach of these Terms and conditions. The listing description of the item must not be misleading and must describe the actual current condition of the item. If the item description does not match the actual current condition of the item, you agree to refund any amounts in relation to that item that you may have received from the buyer. You agree not to list a single item multiple times for sales, including without limitation across various categories on the Site. You acknowledge and agree that www.kaymu.com.ng has the right to delete such multiple listings of the same item.
You are legally obligated to complete the sale with the buyer for every order received. You agree to contact the buyer and supply the item sold to the buyer in the conditions described in your offer. Without limiting any rights or remedies available to www.kaymu.com.ng under these Terms and conditions or at law, www.kaymu.com.ng may suspend, limit or withdraw your access to the Site and/or your membership of the Site if you do not comply with these Terms and Condition and/or are found to have engaged in false or fraudulent activity in connection with the use of the Site.
Where goods which have been dispatched by a Kaymu 3PL Partner is returned by the buyer or rejected upon delivery, the Seller shall be required to collect the Goods within 14 days of notification of such return or rejection, failing which the Seller would be liable to pay a demurrage fee for every additional day of delay in collecting the Goods. Where the Seller fails to pick up the Goods within 21 days of notification of the return or rejection, the Seller agrees that Kaymu shall be at liberty to dispose of the Goods, and would not be liable to the Seller for the cost of the Goods.
Without prejudice to any other rights and remedies of www.kaymu.com.ng under these Terms and conditions or at law or otherwise, www.kaymu.com.ng may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of these Terms and conditions.
www.kaymu.com.ng provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. www.kaymu.com.ng makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. www.kaymu.com.ng makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work, or definitely closed. You agree that www.kaymu.com.ng has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
To the extent permitted by law, www.kaymu.com.ng, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or these Terms and conditions (however arising, including negligence or otherwise and whether or not www.kaymu.com.ng has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to www.kaymu.com.ng and www.kaymu.com.ng shall treat any such unauthorized use as subject to the terms and conditions of these Terms and conditions
You agree to indemnify and hold www.kaymu.com.ng and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of these Terms and conditions, or your violation of any law or the rights of any third party, including without limitation any copyright, property, or privacy right. Your indemnity obligation survives these Terms and conditions, your use of www.kaymu.com.ng, or any termination of your www.kaymu.com.ng user account.
None of the provisions of these Terms and conditions shall be deemed to constitute a partnership or agency between you and www.kaymu.com.ng and you shall have no authority to bind www.kaymu.com.ng in any manner whatsoever.
Except as explicitly stated otherwise, any notices to www.kaymu.com.ng from you shall be given by you by email to www.kaymu.com.ng at firstname.lastname@example.org with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by www.kaymu.com.ng by return email. Any notices to you from www.kaymu.com.ng shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 24 hours after any such email is sent.
For disputes please refer to our Dispute Policy:
You hereby grant www.kaymu.com.ng the right to, and irrevocably acknowledge and agree that www.kaymu.com.ng may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under these Terms and conditions to any of its affiliates without requiring your further specific agreement. www.kaymu.com.ng agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of www.kaymu.com.ng, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under these Terms and conditions without the prior written consent of www.kaymu.com.ng.
If any clause of these Terms and conditions shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of these Terms and conditions. These Terms and conditions sets forth the entire understanding and agreement between you and www.kaymu.com.ng with respect to the subject matter hereof.
No person who is not a party to these Terms and conditions shall have any right to enforce any term of these Terms and conditions. If these Terms and conditions is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
These Terms and conditions is governed by, and construed in accordance with, the Laws of the Federal Republic of Nigeria. This clause will survive any expiry or cancellation of these Terms and conditions for any reason.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions to any third party is prohibited unless agreed upon in writing by the delivery. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions to any third party.