TERMS OF USE OF THE WEBSITE FOR BUYERS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR WEBSITE.

Introduction

These Terms of Use (“Agreement”/“Terms”) constitute a legally binding and enforceable agreement between Build Africa Company Limited, a limited liability company with its principal offices in Lagos, Nigeria (referenced as “Build Africa”, “our”, “us”, “we” or “Company”), and you, (referenced as “you”, “Buyer”, “your”) the buyer of products through our website: www.buildafrica.store (“Website”).

These Terms shall apply to the customer buying any product on our Website, and shall govern your use of the Website. By using this website, you unconditionally agree to abide by and be bound by these Terms. If you do not agree to be bound by and comply with all of these Terms or if you are not eligible or authorised to be bound by these Terms, please do not click on the “I agree” button.

We may update these Terms from time to time, and will always notify you of such updates. If you do not agree to, or cannot comply with, the Terms as amended, you should not use the Website. You will be deemed to have accepted these Terms as amended if you continue to use the Website after any amendments are made.Intended Users

1. Who We Are

   Build Africa Company Limited is a business organization offering digitalized solutions in the construction and real estate industry through its Website. We provide individuals or corporate entities instant and seamless access to buying and selling of building materials in Africa.

2. Intended Users

   1. The Website is available, but not limited, to all persons and businesses who intend to purchase items from the Website.

   2. When you access and use the Website, you:

      1. consent to the processing of your information in the manner provided in our Privacy Policy;
      2. confirm that any and all registration information you submit is truthful and accurate and you will maintain the accuracy of such information;
      3. confirm that your use of the Website will not violate any applicable law, regulation, order or guideline.

3. Disclaimer

   1. Your use of the Website is at your sole discretion.
   2. If you use and/or access the Website on or from an Android device which you or someone else rooted or from an iOS device which you or someone else jail broke, Build Africa will not be responsible for the security of your data, including your personal information, and you will bear all responsibility for any breach, illegal access, loss and/or corruption of such data.
   3. We make no representations or warranties whatsoever in respect of the information provided on the Website. Information may be provided by third parties. We cannot accept any liability whatsoever in respect of any such content which is provided by third parties and other users of the Website.
   4. To the extent permitted by law, we will not bear any liability for any direct, indirect, or consequential loss, harm or damage whatever arising out of or associated with the use of the Services provided by independent third parties on or via the Website.

4. Registration and account

   1. You may register an account with us and provide the following in furtherance of your registration:

      1. full name;
      2. delivery address;
      3. email address;
      4. phone number; and
      5. password.

5. Purchase of Products on the Website

   1. To purchase products on the Website, you will be required to select the desired products listed into a cart on the Website.
   2. Upon selection of your products, you will be required to agree to a Terms of Sale with us, which will govern your purchase of the products.
   3. You will be asked to pay a flat transaction fee to Build Africa in respect of every transaction carried out by you on the Website.
   4. You may return any goods purchased from the website, subject to the provisions of our Return, Refund, and Cancellation Policy, and you now agree that the Return, Refund, and Cancellation Policy is incorporated by reference into the Terms of Sale.

6. Buyer Responsibility

   1. You will procure all necessary permissions to submit or otherwise make available any information relating to any business, feedback, idea, concept or invention before using the Website. You further agree that:

      1. you will not use the Website in a way or take any action that causes, or may cause damage to the Website or impair the performance, availability, accessibility, integrity or security of the Website;
      2. you will not reproduce, duplicate, copy, sell, resell, or exploit the Website, its content, its software or any portion of any of the foregoing;
      3. you will not use the Website for any purpose in violation of local, state, national or international laws;
      4. you will not solicit another user’s password or personal information under false pretenses;
      5. you will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity on the Website, and/or use or access another user’s account or password without permission;
      6. you will not violate the legal rights of other users on the Website, by defaming, abusing, stalking or threatening other users;
      7. you will not infringe on the intellectual property rights, privacy rights, or moral rights of any third party on the Website;
      8. you will not post or transmit any content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized on the Website; or further such activity that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
      9. you will not publish falsehoods or misrepresentations on the Website;
      10. you will not post or transmit any content that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of Build Africa);
      11. you will not collect or mine data relating to other users of the Website;
      12. you will not interfere or attempt to interfere with the proper working of the Website or otherwise disrupt the operations or violate the security of the Website. Violations of system or network operation or security may result in civil or criminal liability. In this regard, we will upon investigation of suspected violations of these terms or illegal and inappropriate behavior relating to the use of the Service, notify and fully cooperate with any law enforcement agency or court order ordering us or directing us to disclose the identity, behavior or activities of anyone believed to have violated these terms or to have engaged in illegal behavior;
      13. you will not engage in transactions with other users of the platform outside the Website, and in the event that you solicit transactions with other users, Build Africa will not be liable to you or the said other user in any capacity, form, or manner whatsoever.

   2. You agree to comply with all user responsibilities and obligations contained in these Terms. We will investigate possible occurrences of any violations, and we may involve the law enforcement authorities in prosecuting anyone involved with such violations, where such violations are criminal in nature.

   3. We are not the manufacturers of any products purchased by you on the Website. Accordingly, you agree to hold us harmless in respect of the quality of any products purchased by you on the Website.

   4. Non-enforcement of any of the above terms, or our failure to act with respect to a breach by you does not constitute consent or waiver, and we reserve the right to enforce such default at our sole discretion. Specifically, no waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct.

   5. We reserve the right to suspend or cancel your account at any given time at our discretion where you are in breach of these Terms.

   6. We will upon investigation of suspected violations of these Terms or illegal and inappropriate behaviour relating to the use of the Website, notify and fully cooperate with any law enforcement investigation or court order directing us to disclose the identity, behaviour, or activities of anyone believed to have violated these Terms or to have engaged in illegal behaviour.

7. License Grant

   1. We hereby grant you a limited, non-exclusive, non-assignable, non-sublicensable license to access and use the Website, and any user guides or specifications, subject to the terms and conditions of this Agreement.

   2. Under this license, except as and only to the extent any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into the Website, you may not:

      1. copy, decompile, reverse engineer, disassemble, derive the source code of the Website, any updates relating to the Website, or any part of the Website or updates, nor may you attempt to do any of the foregoing;
      2. copy, modify, or create derivative works from the Website, updates, or any part of the Website;
      3. remove or copy any copyright material or other proprietary notices from the Website;
      4. transfer the content or materials from the Website to anyone else or “mirror” the same on any server;
      5. circumvent, disable, or otherwise interfere with security-related features of the Website;
      6. use any robot, spider, site search or retrieval service; or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Website;
      7. harvest, collect or mine information about other users of the Website;
      8. post or transmit any virus, worm, Trojan Horse, or other harmful or disruptive element onto the Website;
      9. violate any applicable law, rule, or regulation in using the Website;
      10. use any logo or other proprietary graphic or trademark of Build Africa without express written permission.

   3. In the event of a violation of any of these restrictions (as determined by us), the license granted hereunder will be automatically revoked, and you may be liable to prosecution by the relevant law enforcement agencies and/or to compensate us in damages.

8. Third-Party Sites & Open-Source Software

   1. The Website may contain links to other independent third-party websites (“Third Party Sites”). Third-Party Sites are not under our control, and we are not responsible for and do not endorse their content.
   2. You will need to make your own independent judgement regarding your interaction with any Third-Party Sites, including the purchase and use of any products or services accessible through them, or disclosure of personal information. To this end, we encourage you to read the privacy policies of Third-Party Sites before using or accessing same.
   3. If any open-source software is included in the Website, the terms of an open-source license may override some of the terms set out in this section

9. Requirements for the Provision of Services on the Website

   We can only provide you with services on the Website if you provide us with the information we need in order to help you. Accordingly, and to enable you enjoy the services, you must ensure that:

   1. any information you give to us or enter into the Website is accurate and in English; and
   2. you promptly notify us if any information about you on our database is or becomes inaccurate or incomplete.

10. Technical Requirements for using the Website

    1. The Website includes software provided by people other than the Company, and uses certain data that you provide to it in order to work.
    2. From time to time, updates to the Website may be made available to you.
    3. While we will take adequate measures to ensure the optimal performance of the Website, we do not warrant or guarantee that the Website will function with any particular device or be compatible with the hardware or software on any particular device.
    4. Information on the Website will be transmitted over a medium that is beyond our control; as such, multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Website.
    5. Without limiting the foregoing, we, and our licensors make no representations or warranties about the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Website, including software, text, graphics, links, or communications provided on or through the use of the Website.
    6. Although we take reasonable measures to keep the Website free of viruses, worms, Trojan Horses, or other code that contain destructive properties, we do not warrant or guarantee that materials available for downloading through the Website will be free of such contaminations.

11. Accessing the Website

    1. The Website is accessible using the internet, data networks and devices which can access the internet (“Infrastructure”). We make the Website available for access using the Infrastructure, but are not responsible for such Infrastructure ourselves. If you wish to use the services on the Website, you should ensure you have an internet- enabled device and a sufficient internet connection available.
    2. When you use the Website or send e-mails to us, you are communicating with us electronically. We will communicate with you by posting notices, alerts, prompts, information fields or other information through the Website as may be necessary to deliver our services to you.
    3. We cannot guarantee that the Website will always be free from virus, malware or other attacks. You should ensure that your device used to access the Website is protected against viruses and malicious software. You must not use or expose the Website to virus or malicious software contamination.
    4. You must not attempt to gain unauthorised access to the Website.
    5. The Website has not been developed to meet your individual requirements. It is therefore your responsibility to ensure that the facilities and functions of the Website meet your requirements.

12. Your Personal Information

    1. Your use of the Website and its services is recorded. Details of how we protect and use such recordings are set out in our Privacy Policy.
    2. We use your personal information in accordance with our Privacy Policy and data protection laws of Nigeria. Please take the time to read it as it includes important details about how we secure and process your data.
    3. We use cookies to identify you as a user and to customize and improve the Website. A cookie is a small data file that is transferred to your computer or mobile device. It enables us to remember your account log-in information, IP addresses, web traffic, number of times you visit, date and time of visits.
    4. Some browsers may automatically accept cookies while some can be modified to decline cookies or alert you when a website wants to place a cookie on your computer. If you choose to disable cookies, it may limit your ability to use the Website.

13. Liability

    1. Our aggregate liability to you in respect of any items purchased on the Website shall not exceed the total amount paid by you for the said item. Each separate transaction on the Website shall constitute a separate contract for the purpose of this section.
    2. We are not obligated to compensate you for any loss or damage that arises indirectly, incidentally or consequentially from your use of the Website. We will also not be liable for a loss or damage not being a foreseeable result of a breach of these Terms.
    3. Our services on the Website are provided on an ‘as is’ basis without a warranty of any kind being provided by us.
    4. If we provide digital content that is defective and the same damages a device or other digital content belonging to you, and we have not employed reasonable skill and care, we will compensate you or repair the device or content (at our election).
    5. We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our usage instructions or advice in these Terms.

14. Intellectual Property

    1. We own the copyright and other intellectual property rights in the Website and the Build Africa mark, logo, combined mark and logo and other marks indicated on the Website (“the Build Africa IPR”).
    2. You are not permitted to copy, distribute, further develop, reproduce, re-publish, modify, alter, download, post, broadcast, transmit or make any business use of the Build Africa IPR. You must not remove, alter or conceal or obscure any copyright, trademark, service mark or other proprietary notices regarding the Build Africa IPR.
    3. The Build Africa mark, logo, combined mark and logo and other marks indicated on our Website are our trademarks. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks of other businesses or our affiliates or partners.

15. Customer Support

    1. All complaints, inquiries and requests with respect to the use of the Website may be communicated to us via the following channels:

       1. 24-hour customer care line: +234 704 700 0227
       2. Email: support@buildafrica.co

    2. We shall use our best efforts to promptly respond to and/or address any complaints, inquiries and requests.

16. Indemnification

    You hereby agree to indemnify and undertake to keep Build Africa, its staff and affiliates indemnified against any losses, damages, costs, liabilities and expenses (including without limitation reasonable legal fees and expenses) arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached. You will indemnify and hold Build Africa harmless from and against any claim, suit or proceedings brought against Build Africa arising from or in connection with your violation of the Intellectual Property or other rights of third parties in relation to your use of the Website.

17. Complaints and Disputes

    1. If you have any formal complaint about the Website, we would like to resolve it as soon as possible. Please tell us about your complaint through the channels provided herein as soon as you can so that we can attend to them. We may ask you for certain details about you and your complaint in order to address it, and your response time will impact on how quickly we may be able to resolve your complaint.
    2. If you wish to make a formal complaint about the Website, you should do so as soonas possible by contacting us via any of the channels provided above. We may ask you for certain details about you and your complaint in order to address it. Please provide these as soon as you can so that we can resolve your complaint quickly.
    3. If we are unable to resolve a disagreement, arising out of this Agreement, amicably, either of us can refer the dispute to the Lagos Multi-Door Courthouse (LMDC) for mediation, which shall be conducted in accordance with the LMDC Mediation Procedure Rules or such other mutually agreed rules).
    4. If for any reason, the dispute is not resolved by mediation, either of us may refer the dispute to any competent court of law in Nigeria.
    5. These Terms are governed by Nigerian law and the Nigerian courts shall have exclusive jurisdiction to hear any claim arising out of or in connection with these Terms or the use of the Website.

18. Termination

    1. These Terms are effective until terminated by either you or us.
    2. If you violate these Terms, any permission and/or license(s) granted hereunder for the use of the Website, shall be automatically terminated.
    3. We may, in our sole discretion, terminate these Terms and your access to any or all of the services provided on the Website, at any time and for any reason.
    4. Termination of these Terms shall be subject to any portions hereof that impliedly survive expiration or termination.

19. Entire Agreement

    These Terms constitute the entire agreement between you and us pertaining to the use of the Website. Anything contained in or delivered through the Website that is inconsistent with or conflicts with these Terms is superseded by these Terms. These Terms may not be modified, in whole or in part, except as otherwise provided herein. These Terms may be superseded by any subsequent terms which we may upload from time-to-time. As stated, we will notify you in advance before implementing such a change.

20. Severability

    If any of the provisions of these Terms is found by any court, tribunal or other competent authority to be invalid, illegal or unenforceable, such finding shall not affect other provisions, which shall remain binding on the Parties. The provision found to be invalid, illegal or unenforceable shall be read with such modifications necessary to make it legal, valid and enforceable and in a manner that achieves the original intention of the Parties.

21. Assignment

    You agree that these Terms and all incorporated agreements between you and us may be assigned by us, in our sole discretion to any third party.

22. Governing Law

    These Terms shall be governed by, and construed under the laws of the Federal Republic of Nigeria.