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 ibomexpress.com website https://.ibomexpress.com (hereinafter referred to as “ibomexpress.com.”) and tools are governed by the following terms and conditions as applicable to ibomexpress.com. If you transact on ibomexpress.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 Heroes & Heroines Capital Ltd, a company incorporated under Companies and Allied Matters Act, 2004 with head office at Flat 009 Mama Adaeze House, Jahi 1, Abuja, Nigeria and these terms and conditions constitute your binding obligations.
For the purpose of these terms of use, wherever the context so require, ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as a Registered User.
When you use any of the services provided by Ibomexpress.com, including but not limited to, (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Ibomexpress.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Heroes & Heroines Capital Ltd grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
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
Membership Eligibility
Use of the Ibomexpress.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 Ibomexpress.com and shall not transact or use Ibomexpress.com website. As a minor if you wish to use or transact on Ibomexpress.com, such use or transaction may be made by your legal guardian or parents who have registered as users of Ibomexpress.com. Ibomexpress.com reserves the right to terminate your membership and refuse to provide you with access to Ibomexpress.com if it is brought to Heroes & Heroines Capital Ltd’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
If you use Ibomexpress.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. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete that Ibomexpress.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, Ibomexpress.com has the right to indefinitely suspend or terminate or block access of your membership with Ibomexpress.com and refuse to provide you with access to the Website.
Communications
When You use the Website or send emails or other data, information or communication to Ibomexpress.com, You agree and understand that You are communicating with Ibomexpress.com through electronic records and You consent to receive communications via electronic records from Ibomexpress.com periodically. Ibomexpress.com may communicate with You by email or by such other mode of communication, electronic or otherwise.
Charges
Membership on Ibomexpress.com is free. Ibomexpress.com does not charge any fee for browsing and buying on Ibomexpress.com. However, Ibomexpress.com reserves the right to charge a fee and change its policies from time to time. In particular, Ibomexpress.com may at its sole discretion introduce new services and modify some or all of the existing services offered on Ibomexpress.com. In such an event Ibomexpress.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 Ibomexpress.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 Ibomexpress.com.
Use of Ibomexpress.com Website
You agree, undertake and confirm that your use of Ibomexpress.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:
Ibomexpress.com reserves the right, but has no obligation, to monitor the materials posted on Ibomexpress.com website. Ibomexpress.com shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of Ibomexpress.com,
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE Ibomexpress.com WEBSITE AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect the views of Ibomexpress.com. In no event shall Ibomexpress.com assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Ibomexpress.com. 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 Ibomexpress.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. Ibomexpress.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 Ibomexpress.com.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Ibomexpress.com and that you may be involuntarily exposed to such offensive and obscene materials. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Ibomexpress.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 Ibomexpress.com, and that the recipient may use such information to harass or injure you. Ibomexpress.com does not approve of such unauthorized uses but by using the Ibomexpress.com Website you acknowledge and agree that Ibomexpress.com will not be responsible for the use of any personal information that you publicly disclose or share with others on Ibomexpress.com. Carefully select the type of information that you publicly disclose or share with others on Ibomexpress.com.
Ibomexpress.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 a 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 Ibomexpress.com is owned, controlled or licensed by or to Heroes & Heroines Capital Ltd, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of Ibomexpress.com and no Content may be copied, reproduced, re-published, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Ibomexpress.com’s express prior written consent. You may use information on Ibomexpress.com products and services purposely made available by Ibomexpress.com for downloading from the site, provided that you
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”). Such Content will become the property of Ibomexpress.com and you grant Heroes & Heroines Capital Ltd the worldwide, perpetual and transferable rights in such Content. Ibomexpress.com shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by Ibomexpress.com, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.
Other Businesses
Ibomexpress.com does not take responsibility or liability for the actions, products, content and services on Ibomexpress.com website, which are linked to Affiliates and / or third party websites using Ibomexpress.com APIs or otherwise. In addition, Ibomexpress.com may provide links to the third party websites of affiliated companies and certain other businesses for which, Ibomexpress.com assumes no responsibility for examining or evaluating the products and services offered by them, and Ibomexpress.com does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Ibomexpress.com does not in any way endorse any third party website(s) or content thereof.
Links
Ibomexpress.com welcomes links to this site. You may establish a hypertext link to Ibomexpress.com website, provided that the link does not state or imply any sponsorship or endorsement of your site by Ibomexpress.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on Ibomexpress.com, including any logos or characters, without the express written consent of Ibomexpress.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 Ibomexpress.com website without Ibomexpress.com’s prior written consent.
Privacy
We view protection of Your privacy as a very important principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. Our current Privacy Policy is available at privacy policy. If you object to your Information being transferred or used in this way, please do not use ibomexpress.com website. Information submitted may be made available to Ibomexpress.com partners who can in turn use it for verification purposes
MANDATORY DECLARATION
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 Ibomexpress.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, Ibomexpress.com does not warrant that:
Ibomexpress.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, Ibomexpress.com website.
Ibomexpress.com does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Ibomexpress.com website; their servers; or electronic communication sent from Ibomexpress.com are free of viruses or other harmful components
Nothing on Ibomexpress.com constitutes, or is meant to constitute, advice of any kind.
All the products sold on Ibomexpress.com are governed by laws of The Federal Republic of Nigeria and if Ibomexpress.com is unable to deliver such products due to implications of the laws, Ibomexpress.com will return or will give credit for the amount received by Ibomexpress.com from the sale of such product, which could not be delivered to you.
You will be required to enter a valid phone number while placing an order on Ibomexpress.com. By registering your phone number with us, you consent to be contacted by Ibomexpress.com via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Ibomexpress.com will not use your personal information to initiate any promotional phone calls or SMS’.
Services
While availing any of the payment method(s) offered at Ibomexpress.com, Ibomexpress.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:
All payments made against the purchases/services on Ibomexpress.com by you shall be compulsorily in Nigerian Naira acceptable by the Central Bank of Nigeria. Ibomexpress.com does not accept any other form of currency with respect to the purchases made on Ibomexpress.com.
The Wallet (“Wallet”) is a pre-paid payment instrument which is associated with your Ibomexpress.com account. You can maintain a balance of money with Ibomexpress.com and redeem it at your convenience.
Ibomexpress.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 Ibomexpress.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 Ibomexpress.com) and Promotional balance (which is credit granted by Ibomexpress.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 Ibomexpress.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, Ibomexpress.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 Ibomexpress.com website in the event, but not limited to:
Ibomexpress.com may at any time at its sole discretion reinstate suspended users. A User that has been suspended or blocked may not register or attempt to register with Ibomexpress.com or use Ibomexpress.com Website in any manner whatsoever until such time that such User is reinstated by Ibomexpress.com. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, Ibomexpress.com reserves the right to recover any amounts due and owing by you to Ibomexpress.com and to take strict legal action including but not limited to a referral to the appropriate law enforcement or other authorities for initiating criminal or other proceedings against you.
You shall indemnify and hold harmless Ibomexpress.com its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including attorneys’ fees, made by you or any third party or penalty imposed due to or arising out of your use of the goods or services, or in the event you breach this Terms of Use, the Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party on Ibomexpress.com
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 Abuja, Nigeria.
Unless otherwise specified, the material on Ibomexpress.com is presented solely for the purpose of sale in Nigeria. Ibomexpress.com makes no representation that materials/services in Ibomexpress.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 Ibomexpress.com is not responsible for supply of goods/availability of services, refund for the goods or services ordered from other locations/Countries other than Nigeria, compliance with local laws, if and to the extent local laws are applicable.
This site is controlled and operated by Heroes & Heroines Capital Ltd. 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 Ibomexpress.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 Ibomexpress.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 help@hhclgroup.com
All items purchased from Ibomexpress.com are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with Ibomexpress.com until the item is transferred to You. In the event that the items are damaged after receipt, the risk falls on the customer.
Ibomexpress.com tries to be as accurate as possible. However, Ibomexpress.com does not warrant that product or service description or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered on Ibomexpress.com itself is not as described, your sole remedy is to return it in unused condition.
If Ibomexpress.com comes across any difference in pricing resulting from typographic errors with regards to pricing or product/service information, Ibomexpress.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.
Ibomexpress.com reserves the right to cancel any order without any explanation for doing so, under situation where Ibomexpress.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Ibomexpress.com policy or for any reason. However, Ibomexpress.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.
Note that in the event of cancellation of a ‘pay on delivery’ orders, Ibomexpress.com will not be liable in any form where the customer proceeds to receive orders following an earlier cancellation.
Ibomexpress.com reserves the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our goods and services with or without prior communications. You hereby consent that Ibomexpress.com will under no circumstance be liable to you or any third party for any modification or discontinuance of availability of goods or services on the website.
IN NO EVENT SHALL Ibomexpress.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF Ibomexpress.com HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
IBOMEXPRESS.COM’S AGGREGATE LIABILITY TO YOU, ANY INDIVIDUAL OR ANY THIRD PARTY IN ANY MATTER ARISING HEREFROM, RELATED OR CONNECTED TO OUR GOODS AND SERVICES IS AT THE COMPANY’S SOLE DISCRETION.
TERMS AND CONDITIONS FOR EATERIES FOOD AND DRINK OUTLET MERCHANTS GIFT CERTIFICATES & TERMS AND CONDITIONS FOR NON-EATERIES MERCHANT GIFT CERTIFICATES
This section of our terms and conditions covers;
Section A: “TERMS AND CONDITIONS FOR EATERIES, CAFES AND FOOD AND DRINK OUTLET MERCHANT GIFT CERTIFICATES” while
Section B: “TERMS AND CONDITIONS FOR NON-EATERIES MERCHANT GIFT CERTIFICATES”.
SECTION A -TERMS AND CONDITIONS FOR EATERIES, FOOD AND DRINK OUTLET MERCHANT GIFT CERTIFICATES
The terms and conditions in this section A and all other Terms and Conditions applicable to you as a Merchant govern all Merchants on Ibomexpress.com who sell a variety of edibles and beverages as its type of business and makes such available to Customers via Ibomexpress.com by giving the customers the opportunity to purchase same via Vouchers on Ibomexpress.com.
Every Voucher purchased by a customer on Ibomexpress.com will clearly have printed on it the number of times it can be redeemed. Please note that this is pre-determined by the Merchant and Restaurant.
Note the following;
The above certificate might not be eligible for alcoholic beverages unless the Eatery expressly permits same, taking into cognizance all restrictions on alcohol as stipulated by the governing law.
These Gift Certificates must not be used for tips, taxes, prior balances etc. unless the Resturant/Merchant expressly permits the same. The Merchant or Restaurant will not be responsible for lost, stolen certificates or their reference numbers.
Gift Certificates may only be used as stipulated on the coupon (i.e. “Dine in Only” or “Take-away”)
All Gift Certificates are void to the extent prohibited by law.
The Eatery is at liberty to determine whether Vouchers purchased here in can be used in conjunction with any other gift certificate, coupons etc.
No one has the right to purchase from the Ibomexpress.com platform and resell same to individuals.
In the event a Customer decides to redeem his Eatery Certificate without abiding with all terms and conditions herein stated, the gift certificate will be rendered invalid.
All Ibomexpress.com offers are governed by the validity dates specified on the Vouchers.
As earlier stated all vouchers for eateries may have statutory limitations on the amount of the voucher value which can be used to redeem alcohol. All Merchants must therefore comply with same.
A Merchant must have complied with all statutory requirements before enlisting their vouchers for purchase on Ibomexpress.com. Ibomexpress.com will not be held responsible for lack of compliance on the part of the Merchant.
All Ibomexpress.com offers (including but not limited to discounts, upon expiration of the date specified in the offer becomes invalid.
Section B: “TERMS AND CONDITIONS FOR NON-EATERIES MERCHANT GIFT CERTIFICATES”.
Only one certificate may be used per order, except this is expressly stated otherwise by the Merchant.
All Merchant Gift Certificate purchased on Ibomexpress.com strictly apply to products found thereon, this will therefore not suffice for shipping fees.
The Merchant is at liberty to offer credit if he wishes unless otherwise required by law.
In the event a customer misplaces (i.e. whether stolen or lost) his or her voucher, or reference number neither the Merchant nor Ibomexpress.com will be held responsible for same.
No one has the right to purchase from the Ibomexpress.com platform and resell same to individuals.
In the event a Customer decides to redeem his Gift Certificate without abiding with all terms and conditions herein stated, the gift certificate will be rendered invalid.
All Gift Certificates are void to the extent prohibited by law.
Gift Certificates cannot be combined with any other gift certificates, including but not limited to coupons, promotions, third party certificates etc., unless otherwise expressly specified by Merchant.
All Ibomexpress.com offers (including but not limited to discounts), upon expiration of the date specified in the offer becomes invalid.
Please note that all Merchants who already have goods and services, or Prospective Merchants who have sent in request to have their goods and services uploaded or advertised on ibomexpress.com in order to conduct transactions, including but not limited to;
Advertising Services offered by Ibomexpress.com include, but are not limited to the display of certain goods, services and information about your business from time to time, splashing adverts, direct calls to you and sending certain information to users of Ibomexpress.com via different means (i.e. SMS messages or emails).
All vouchers purchased and thereafter printed from the Ibomexpress.com platform are strictly promotional vouchers which are offered at prices below their face value and thereafter purchased by customers.
In light of the above they are subject to all Terms and Conditions of Heroes & Heroines Capital Ltd as stipulated on this page and also the Terms and Conditions and Redemption Policies of the Merchant or Restaurant. All customers who intend to purchase on the Ibomexpress.com platform are subject to the specific limitations in relation to the goods or services. (i.e. if a Merchant specifies that only one Ibomexpress.com Voucher maybe purchased by a customer, the customer must abide by same, if the customer goes ahead to purchase more than stipulated and tries to redeem the excess, the Merchant is at liberty to refuse redemption of same without paying any compensation or refund whatsoever to the customer. In such an instance Ibomexpress.com will not compensate the customer for any such contraventions, neither will the customer receive a refund in relation to the purchase.
An Eatery Specific Gift Voucher is strictly issued by that Eatery, who is also a Merchant on our platform and not Ibomexpress.com. The Eatery or Merchant is therefore fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. Eatery -Specific Vouchers and Merchant Vouchers are redeemable “as is” only and may not be redeemed incrementally. An Ibomexpress.com Voucher can only be redeemed at the cash value paid by the customer for it (i.e. if you paid N500.00 for a Ibomexpress.com Voucher, but the voucher gives you N3000.00 of value to the Merchant, the cash value that you paid is N500.00 as opposed to the authentic value/actual value of N3000.00).Please note all expiration dates on Vouchers are valid and therefore govern the last date which you can use the VOUCHER, in the event you do not redeem your voucher before the expiration, you automatically forfeit same, unless the law provides otherwise.
The Terms and Conditions and Privacy Policy as provided herein by Ibomexpress.com including but not limited to other guiding policies for Ibomexpress.com constitute the entire agreement between the parties with respect to the subject matter hereof. In the event Ibomexpress.com or you decide to waive any breach or default hereunder, the waiver will not suffice for any preceding or subsequent breach or default. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. The failure of either party to insist immediately upon the strict compliance and or performance of any of the terms and conditions herein breached shall not constitute a waiver of the right of either party, or constitute acquiescence therein and the same shall not affect or impair the later exercise of such right or be presumed to vary this terms and conditions in any manner whatsoever. When you place an order on Ibomexpress.com for goods or services, you hereby make an offer to us for the purchase of the goods or the vouchers for services. For more information, please view our privacy policy. Please note that all your purchases are either directly from Ibomexpress.com if the item is “Sold by Ibomexpress.com”, or from a Merchant in the event the goods or services are offered by the Merchant. In light of the above, goods or services sold by a Merchant are strictly redeemable from Merchants while those sold by Ibomexpress.com are redeemable from Ibomexpress.com.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to help@hhclgroup.com or to our office at Flat 009 Mama Adaeze House, Jahi 1, Abuja.
Merchant Service Agreement
Introduction
As a demonstration of our commitment to Nigeria and Nigerian entrepreneurs, Heroes & Heroines Capital Ltd (“Ibomexpress.com”, “us”), Nigeria’s Largest Online Printing Mall opened up its online platform (“Mall”) to Nigerian businesses to enable merchants sell their products, giving instant nationwide access to their products. Merchants can also enjoy all the benefits that come with having an online store by being able to sell their products and offer services to customers all over Nigeria. Businesses that sign up to Ibomexpress.com’s Mall will have a free microsite provided for them, and Ibomexpress.com 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. Ibomexpress.com 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. Ibomexpress.com 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 Ibomexpress.com Mall Service Agreement below. Ibomexpress.com reserves the right to alter these Terms & Conditions at any point without notice, by updating the content on the Ibomexpress.com website.
Agreement
In consideration of the mutual covenants set forth in this Agreement, Seller and Ibomexpress.com (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows:
The Seller agrees to compensate Ibomexpress.com for the services rendered listed in section 2 below (“Services”).
Ibomexpress.com 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 Ibomexpress.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.
Ibomexpress.com 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.
Ibomexpress.com 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 Ibomexpress.com with genuine products, up-to-date product quantity information and accurate product information.
For all of the Services provided by Ibomexpress.com under this Agreement, the Seller shall compensate Ibomexpress.com, 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 Ibomexpress.com website.
Every Merchant shall have an opening/ minimum balance of N10, 000.00 (Ten Thousand Naira) only in his/her Ibomexpress.com Wallet upon registration with Ibomexpress.com. Ibomexpress.com shall have the right to deduct commissions for all “Self-fulfilled Orders” directly from the Merchant’s Ibomexpress.com Wallet or from his/her designated Bank Account in the event his/her wallet is empty.
Ibomexpress.com 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 Ibomexpress.com’s website not less than fourteen (14) days before any variation in commission rate or charging structure takes place. Ibomexpress.com 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.
The Seller and Ibomexpress.com 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 Ibomexpress.com. Seller shall keep the Confidential Information in confidence and shall not at any time during or after the terms of this agreement, without Ibomexpress.com’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.
Ibomexpress.com shall be deemed as an independent contractor. Ibomexpress.com 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 Ibomexpress.com’s behalf. Ibomexpress.com is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the Seller. Ibomexpress.com 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.
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. Ibomexpress.com reserves the right to alter these terms and conditions at any point without notice, by updating the content on the Ibomexpress.com website.
Seller warrants that everything it gives Ibomexpress.com 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 Ibomexpress.com, its employees and associates harmless from any and all claims brought in the performance of the Services.
Seller shall indemnify and hold IBOMEXPRESS.COM 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”).
– Pick up fresh returned orders from the Ibomexpress.com Pick Up Centres within 7 days of notification of such return via sms or e-mail, failing which, the order will be sent back to Ibomexpress.com’s Warehouse and another notification to the merchant to request for the delivery of same at Heroes & Heroines Capital Ltd rates.
-If the item remains unrequested for a while at the Ibomexpress.com Warehouse, Ibomexpress.com shall send a notification of the daily cost of demurrage to the merchant at N200.00.
– If the merchant fails to respond after 10 days, Ibomexpress.com shall notify merchant by sending reminder emails or sms every day, for an extra 4 days.;
– In the event that the goods are not picked up from the Pick Up Centres after 7 days and still remain un-requested for after 14 days elapses, such Merchant goods shall be destroyed by Ibomexpress.com.
The Seller hereby authorizes Ibomexpress.com to set-off by whatever means the whole or any part of Seller’s liabilities to Ibomexpress.com or its customers under this Agreement (or any other contract with us) against any funds or goods credited to or owing to the Seller under this Agreement (or any other contract with us). Ibomexpress.com may exercise this right of set-off at any time, without notice to the Seller, whether either liability is present or future, cash or assets, and whether or not either liability arises under this Agreement. If the liabilities to be set off are expressed in different currencies or forms, Ibomexpress.com may convert either liability at a market rate of exchange for the purpose of set-off. In the event such set-off does not fully reimburse Ibomexpress.com for the amount owed, the Seller shall immediately pay Ibomexpress.com such outstanding amount. The Seller shall hold harmless any financial institution that follows our request pursuant to this clause. Any exercise of Ibomexpress.com’s right under this provision is without prejudice and in addition to any rights or remedies available to Ibomexpress.com under this Agreement or otherwise.
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.
Ibomexpress.com has the right to evict the Seller from Ibomexpress.com if any, or a combination, of the following breaches are committed:
<p<>Ibomexpress.com reserves the right to alter these QOS rules at any time, and in the event of any changes Ibomexpress.com will inform the Seller by publishing the same on Ibomexpress.com’s website. Ibomexpress.com will send a formal warning to the Seller after each incident.
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.
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. Ibomexpress.com reserves the right to alter these terms and conditions at any point without notice, by updating the content on the Ibomexpress.com website.
Insurance
Sellers shall be responsible for insurance in relation to goods shipped to customers.
Copyright and Infringement Trademark
Ibomexpress.com respects all copyright and trademarks of others. As a Seller on our website you must in turn respect these rights. Ibomexpress.com will immediately terminate or suspend a seller who infringes another’s trademark or copyright.
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.
Restrictions and Prohibitions
Ibomexpress.com is compliant with all the Money Laundering Regulations and all Money Laundering activities are prohibited.
Governing Law and Dispute Resolution
As regards any dispute relating in any way to your use of any Ibomexpress.com Service, or to any products or services sold or distributed by Ibomexpress.com or through Ibomexpress.com, or any Ibomexpress.com sister company, platform or business. Party do hereby covenant that he/she shall not commence or maintain any suit against Ibomexpress.com whether at law or in equity, but Parties shall use all reasonable endeavours to settle any dispute or difference of opinion between them, arising from or in connection with this Agreement amicably through mutual discussion. If the dispute cannot be resolved by mutual discussions within a period of fourteen (14) days from the date of notice, such dispute or claim will be resolved by binding arbitration, rather than in court. And the decision by the arbitrator shall be final. Each party shall provide his/her own arbitrator at their own cost. Both arbitrators shall agree on a neutral arbitrator whose decision will be final. The fee for the Neutral arbitrator shall be shared equally by both parties. The Arbitration shall be carried out in accordance with the provisions of the Arbitration and Conciliation Act Cap A18 Laws of the Federation 2004 or any amendment or re-enactment thereof. The Arbitration shall take place in Abuja, Nigeria and be conducted in English Language.