Terms & Conditions


These terms and conditions govern the use of this retailing platform called Fitafh.com by using this website, you hereby accept these terms and conditions in full and without any reservation. If you disagree with these terms and conditions or any part of these terms and conditions, then you must not use this retailing platform.


Membership Eligibility


you must be at least 18 [eighteen] years of age to use this website or As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website . By using this website and by agreeing to these terms and conditions, you hereby warrant and represent that you are at least 18 years of age.


Your Account and Registration Obligations


Under no circumstances shall the customer (buyer or seller ) allow anybody access to his/her account through the service.


You shall be responsible for all activities that occur under your Display Name and Password

 The Customer understands that his/her Passcode, Access Code/ Password is used to give instructions to make payment of goods and services
That under no circumstances shall the Passcode, Access Code/Password be disclosed to any body.
Not to write the Passcode, Access Code/Password in an open place in order to avoid third party coming across same.

Henceforward:

1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Fitafh does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.

2. Fitafh does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Fitafh does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Fitafh accepts no liability for any errors or omissions, whether on behalf of itself or third parties.


3. Fitafh is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Fitafh cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Fitafh shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.


4. Fitafh does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.


5. Fitafh does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.


6. At no time shall Fitafh hold any right, title or interest over the products nor shall Fitafh have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Fitafh is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.


7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Fitafh is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.


At no time shall Fitafh hold any any right, title or interest over the products nor shall Fitafh have any obligations or liabilities in respect of such contract.


Fitafh is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.


8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with


Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).


9. You release and indemnify Fitafh and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Fitafh cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.


Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Charges


Membership on the Website is free for buyers. Fitafh does not charge any fee for browsing and buying on the Website. Fitafh reserves the right to change its Fee Policy from time to time. In particular, Fitafh may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Fitafh reserves 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 Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. 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 Fitafh Internet Private Limited.

Use of the Website


You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:


1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:


(a) belongs to another person and to which You does not have any right to;


(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" (c) is misleading in any way;


(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;


(e) harasses or advocates harassment of another person;


(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";


(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;


(h) 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];


(i) 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;


(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);


(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;


(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;


(m) contains video, photographs, or images of another person (with a minor or an adult).


(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;


(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Fitafh's prior written consent means a communication coming from Fitafh's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;


(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;


(q) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;


(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.


(s) harm minors in any way;


(t) 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 products;


(u) violates any law for the time being in force;


(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;


(w) impersonate another person;


(x) 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;


(y) threatens the unity, integrity, defence, security or sovereignty 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.


(z) shall not be false, inaccurate or misleading;


(aa) 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.


(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;


2. 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. We reserve Our right to bar any such activity.


3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.


4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the 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 the Website.


 5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Fitafh, Fitafh.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Fitafh or sellers on platform or otherwise tarnish or dilute any Fitafh's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Fitafh's systems or networks, or any systems or networks connected to Fitafh.


6. 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.


7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Us 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.


8. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Fitafh and / or others.


9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.


10. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.


11. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.


Contents Posted on Site


All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Fitafh has no control over such third party user generated content as Fitafh is merely an intermediary for the purposes of this Terms of Use.


Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, 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 Fitafh's express prior written consent.


You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do 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) do not make any additional representations or warranties relating to such documents.


You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, 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 the Content You provide. You agree that any Content You post may be used by us, 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.

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 "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, Fitafh does not warrant that:


• This Website will be constantly available, or available at all; or

• The information on this Website is complete, true, accurate or non-misleading.

Fitafh will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website.

Fitafh does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.