Customer Service 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 wiptoff.com website www.wiptoff.com (hereinafter referred to as "wiptoff.com.") and services and tools are governed by the following terms and conditions as applicable to wiptoff.com. If you transact on wiptoff.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 wiptoff.com Online Shopping Limited, a company incorporated under Companies and Allied Matters Act, 1990 with registered office at Plot 6 Swamp Lane, Off Swamp Road, Behind Government Annex GRA Warri, Delta State and these terms and conditions constitute your binding obligations.
IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING Membership Eligibility Use of the wiptoff.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 wiptoff.com and shall not transact or use wiptoff.com website. As a minor if you wish to use or transact on wiptoff.com, such use or transaction may be made by your legal guardian or parents who have registered as users of wiptoff.com. wiptoff.com reserves the right to terminate your membership and refuse to provide you with access to wiptoff.com if it is brought to wiptoff.com’s notice or if it is discovered that you are under the age of 18 years. Your Account and Registration Obligations If you use wiptoff.com, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password.
Charges Membership on wiptoff.com is free. wiptoff.com does not charge any fee for browsing and buying on wiptoff.com.
However wiptoff.com reserves the right to charge fee and change its policies from time to time. In particular, wiptoff.com may at its sole discretion introduce new services and modify some or all of the existing services offered on wiptoff.com. In such an event wiptoff.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 wiptoff.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 wiptoff.com. Use of wiptoff.com Website You agree, undertake and confirm that your use of wiptoff.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 do not have any right
(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 wiptoff.com, in its sole discretion, believes is or could be construed as being illegal;
(p) Interferes with another user's use and enjoyment of wiptoff.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;
(ab)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. wiptoff.com reserves the right to bar any such activity.
(ac)You shall not attempt to gain unauthorized access to any portion or feature of wiptoff.com website, or any other systems or networks connected to wiptoff.com Website or to any wiptoff.com’s server, computer, network, or to any of the services offered on or through wiptoff.com Website, by hacking, password “mining” or any other illegitimate means.
(ad)You shall not probe, scan or test the vulnerability of wiptoff.com website or any network connected to wiptoff.com website nor breach the security or authentication measures on wiptoff.com website or any network connected to wiptoff.com Website.
(ae)You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to wiptoff.com Website, or any other customer of wiptoff.com, including any wiptoff.com account not owned by you, to its source, or exploit wiptoff.com Website or any service or information made available or offered by or through wiptoff.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 wiptoff.com Website. (af)You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of wiptoff.com Website or wiptoff.com’s systems or networks, or any systems or networks connected to wiptoff.com.
(ag)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.
(ah)You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to wiptoff.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.
(aj)You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
(ak)You shall not lift (i.e. copy and paste) images of products you want to sell on wiptoff.com from other websites, images to be used must be original images and not stolen images or content posted on another site. And in the event that you violate this term, you hereby indemnify wiptoff of any third party claim thereon.
You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through wiptoff.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. wiptoff.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 wiptoff.com. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on wiptoff.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 wiptoff.com, and that the recipient may use such information to harass or injure you. wiptoff.com does not approve of such unauthorized uses but by using the wiptoff.com Website you acknowledge and agree that wiptoff.com is not responsible for the use of any personal information that you publicly disclose or share with others on wiptoff.com. Please carefully select the type of information that you publicly disclose or share with others on wiptoff.com. wiptoff.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).
(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. You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, "Content").
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. 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 wiptoff.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, wiptoff.com does not warrant that: •
This website will be constantly available, or available at all; or •
Behind Government Office, GRA. Warrri. Merchant Service Agreement Introduction As a demonstration of our commitment to Nigeria and Nigerian entrepreneurs, wiptoff Online Shopping Limited (“wiptoff”, “us”), Nigeria’s Largest Online Mall opened up its online platform to Nigerian businesses to enable merchants sell their products (“Mall”), giving instant nationwide access to your products. Merchants can also enjoy all the benefits that come with having an online store by being able to sell their products to customers all over Nigeria. Businesses that sign up to wiptoff’s Mall will have a free microsite provided for them, and wiptoff will provide additional value-added services including but not limited to marketing, customer service and logistics partnerships to cater for customers in all 36 states in Nigeria as well as Abuja. wiptoff will also provide dedicated account managers to all merchants Merchants can greatly increase sales and revenue by partnering with us, while we worry about getting their products to customers all over Nigeria. We also provide convenient payment terms for the proceeds of merchants’ sales. wiptoff offers its customers both prepaid and pay-on-delivery payment options for goods purchased. All merchants have to do to enjoy all these benefits is to review and accept the terms and conditions of the wiptoff Mall Service Agreement below. wiptoff reserves the right to alter these Terms & Conditions at any point without notice, by updating the content on the wiptoff website. Agreement In consideration of the mutual covenants set forth in this Agreement, Seller and wiptoff (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows: 1. Services Rendered The Seller agrees to compensate wiptoff for the services rendered listed in section 2 below (“Services”). 2. Delivery of Services wiptoff will use reasonable diligence in rendering the Services offered to the Seller, which include the following: - Online storefront tailored to the Seller with payment gateway and escrow service at wiptoff.com; - Access to SellerHQ and other account management systems; - Access to a dedicated account officer and other account management services; - Access to logistics partners; - Provision of analytics; - Seller Services Helpline Number (Mon – Fri; 08:00 – 18:00) - E-marketing, and other marketing services as available and appropriate. wiptoff may at its sole discretion add or remove Services from the above list from time to time and some of the new services may attract separate charges, in which case the Seller will be informed before provision of the said services. wiptoff reserves the right to alter or vary the available Services, the nature of the Services and any charges at its sole discretion. The Seller agrees to use reasonable diligence in providing wiptoff with genuine products, up-to-date product quantity information and accurate product information. 3. Compensation For all of the Services provided by wiptoff under this Agreement, the Seller shall compensate wiptoff, with commissions or other payments as required, in accordance with the terms of the ‘Commission Structure’, which will be communicated to all sellers; or agreed in advance between both parties, or detailed elsewhere on the wiptoff website. Every Merchant shall have an opening/ minimum balance of N10, 000.00 (Ten Thousand Naira) only in his/her wiptoff Wallet upon registration with wiptoff. wiptoff shall have the right to deduct commissions for all “Self-fulfilled Orders” directly from the Merchant’s wiptoff Wallet or from his/her designated Bank Account in the event his/her wallet is empty. wiptoff will from time to time review the category commission structure and will notify the Seller of any changes by communicating directly to sellers, or publishing the same on the SellerHQ portal, or on wiptoff’s website not less than fourteen (14) days before any variation in commission rate or charging structure takes place. wiptoff will remit payments for sales generated by the Seller on its platform minus the agreed commission and all applicable taxes as soon as products sold have been delivered and applicable return period has lapsed, or as agreed between the Parties. 4. Confidentiality The Seller and wiptoff acknowledge and agree that the scope of work and all other documents and information related to the development of the Services (the “Confidential Information”) will constitute valuable trade secrets of wiptoff. Seller shall keep the Confidential Information in confidence and shall not at any time during or after the terms of this agreement, without wiptoff’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the “Confidential Information” definition is anything that can be seen by the public. 5. Independent Contractor wiptoff shall be deemed as an independent contractor. wiptoff will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Seller will not withhold or pay any income tax, social security tax, or any other payroll taxes on wiptoff’s behalf. wiptoff is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the Seller. wiptoff understands that it will not be entitled to any fringe benefits that Seller provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance. 6. Entire Agreement This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. wiptoff reserves the right to alter these terms and conditions at any point without notice, by updating the content on the wiptoff website. 7. Indemnification Seller warrants that everything it gives wiptoff to use in the delivery of the Services or any deliverable is legally owned or licensed to the Seller. The Seller agrees to indemnify and hold wiptoff, its employees and associates harmless from any and all claims brought in the performance of the Services. Seller shall indemnify and hold wiptoff harmless in respect of any action that may be taken against it, or any claims that may be brought against it, for whatever reason and of whatever nature – including, but not limited to, breach of law, regulation and/or any of the obligations and warranties under this Contract – by any third party in respect of the Contents and/or the Services and/or any and all activities related and connected to the Contents and/or the Services, irrespective of any direct liability of the Seller (“Third Party Claim”). 8. Limitation of Liability A) Not withstanding applicable returns policy, Merchant further covenants to ; a. Pick up fresh returned orders from the wiptoff Pick Up Centre within 5 days of notification of such return via sms and e-mail, failing which, order is sent back to wiptoff’s Warehouse. b. If the item still remains unpicked at the wiptoff Warehouse after the 17th day, wiptoff shall send a final notification to merchant to pick up at wiptoff’s Warehouse informing the Merchant that such goods shall be disposed at discounted prices fixed at wiptoff's discretion. Proceeds of such sales shall be paid into merchant’s wallet. c. In the event that the goods are not bought on discounted prices after such sales, such goods shall be destroyed by wiptoff. Evidence of this shall be made available upon request. d. Merchant hereby indemnifies wiptoff against any such claims and holds wiptoff non-liable for the disposal of such returned goods referred to in the clauses above. B) Merchant agrees to indemnify, defend and hold harmless wiptoff against and from any third party claims (including reasonable legal or arbitration costs) arising from; (i) any breach or default on the part of the merchant of any obligations (ii) negligent act or omission of merchant; or (iii) wilful violation of the law, wrong description and price of products advertised; or (iv) an offence committed by merchant, (v)provision of fake, inferior or substandard products that have been sold as genuine; (vi)Provision of used, refurbished or damaged products that has been sold as new or unused; (vii)Listing and selling products that have not been authorized for sale by the appropriate regulatory body (including but not limited to the NCC, NAFDAC etc); (viii)Fails to meet the Quality Of Service Standards (QoS) as defined in the SellerHQ ratings system (details on request); (ix)Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading. 9. Term & Termination Either Party shall have the right to terminate this Agreement for cause immediately and without notice in the event of a breach of the obligation under this Agreement by the other Party. wiptoff has the right to evict the Seller from wiptoff if any, or a combination, of the following breaches are committed: - Fails to make a product that has been sold on wiptoff Mall available for delivery within three (3) business days after it was supposed to be available for delivery; - Provides fake, inferior or substandard products that have been sold as genuine; - Provides used, refurbished or damaged products that has been sold as new or unused; - Lists and sells products that have not been authorized for sale by the appropriate regulatory body (including but not limited to the NCC, NAFDAC etc); - Fails to meet the Quality Of Service Standards (QoS) as defined in the SellerHQ ratings system (details on request); - Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading; - Engages in any activity that brings wiptoff, or any of wiptoff’s partners or other mall vendors into disrepute. wiptoff reserves the right to alter these QOS rules at any time, and in the event of any changes wiptoff will inform the Seller by publishing the same on wiptoff’s website. wiptoff will send a formal warning to the Seller after each incident. 10. Policy on Counterfeit, Refurbished and Unauthorized Products on wiptoff Mall wiptoff is committed to delivering high quality products and service to customers at all times, and we strive to ensure that all products sold by merchants via the wiptoff Mall are held to the same high standards. wiptoff Mall has zero tolerance for counterfeit products, and does not allow the sale of unoriginal, fake/replica, refurbished or otherwise unauthorized items. It is the responsibility of each merchant to source and sell only authentic items. If a merchant is determined by wiptoff to have sold inauthentic or otherwise unauthorized goods, wiptoff may suspend or terminate the merchant's ability to sell on wiptoff immediately and without warning, and current and future payments held by wiptoff on the merchant’s behalf may be forfeited and withheld in accordance with wiptoff.com's Authentic Items Policy. 11. Insurance Sellers shall be responsible for insurance in relation to goods shipped to customers. 12. Copyright and Infringement Trademark wiptoff respects all copyright and trademarks of others. As a Seller on our website you must in turn respect these rights. wiptoff will immediately terminate or suspend a seller who infringes another’s trademark or copyright. 13. Independent Contractors The Parties hereby enter into this Agreement as independent contractors, and this Agreement will not be construed to create a partnership, joint venture, or employment relationship between them. Neither Party will represent itself to be an employee of the other or enter into any agreement or legally binding commitment or statement on the other’s behalf or in the other’s name. 14. Restrictions and Prohibitions - All product descriptions must be true, accurate and non-misleading. - Products sold by Sellers must not be fraudulently obtained or involve the sale of counterfeit or stolen items. - Sellers must not infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; wiptoff will in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of sellers who may be infringers. - Sellers must comply with governing laws, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, anti-discrimination or false advertising). - Products/description of products must not be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities. - No display of images containing pornography is permitted. - You must not sublease Your account or give another access to Your account or sublease Your Store to third parties; - Sellers must not incur liability for wiptoff and its subcontractors or expose them to undue risk or otherwise engage in activities that wiptoff, in its sole discretion, determines to be harmful to wiptoff's affiliates, operations, reputation, or goodwill. - Sellers must not post or display any materials that exploits or otherwise exploits children under age of 18 years. - Sellers must not conduct activities such as gambling, sweepstakes, raffles and lotteries. 15. Force Majeure The Parties agree that there shall attach no liability for any inability to carry out any obligations under this Agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lock outs, war, flood, insurrection and other acts of God PROVIDED however that where an event of force majeure subsists for more than One (1) month the Party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this Agreement. 16. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria in force from time to time and any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of courts within Lagos State.