TERMS OF USE

Acceptance of the Terms

  • These Terms of Use (the “Terms”) constitute a binding and enforceable legal contract between 9ja Living and you. Please read these Terms carefully.
  • Your access and use of the 9ja Living website and mobile applications, as well as any service, content, and data available via them (together, the “Service” or the “Platform”), are governed by these Terms.
  • If you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by the Terms, do not access or use the Service.
  • Please also review our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, rules, policies, or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference.
  • 9ja Living reserves the right, in its sole discretion, to make changes or modifications to these Terms at any time and for any reason with or without prior notice.

Important Disclaimers

  • All services rendered by 9ja Living are provided “as is”, “as available”, and “with all faults”. 9ja Living disclaims all warranties, expressed or implied, including but not limited to any guarantees regarding condition, quality, life duration, performance, accuracy, reliability, commercial value, and suitability for specific purposes. All such warranties and liabilities are hereby excluded.
  • 9ja Living has no control over and does not guarantee the existence, quality, safety, or legality of goods and services promoted by users on the Platform; the trustworthiness or accuracy of information provided by users in promoted Ads; the ability of sellers to sell goods or provide services; the ability of buyers to pay for goods or services; or that a user will complete a transaction. 9ja Living makes no guarantees that the manufacturing, import, export, offer, display, purchase, sale, advertising, and/or use of products or services offered or displayed on the Platform do not infringe any third parties’ rights. Therefore, 9ja Living expressly disclaims any liability in connection to materials and information posted by users on the Platform.
  • You are encouraged to check the goods before payment and to request the seller provide documents confirming the compliance of the goods with applicable legal requirements.
  • You acknowledge that you are solely responsible for your safety and understand that you should meet other individuals to complete transactions only in safe public places during daylight hours. You are solely responsible for conducting due diligence on any individual or organization requesting a meeting to conduct a job interview or complete a transaction. 9ja Living disclaims any responsibility for user interactions with any individual or organization.

 Account Registration

  • To use certain features of the Service, you may need to register an account on the Platform (the “Account”) and provide certain information about yourself as prompted by the registration form.
  • You may create an Account as an individual or as an authorized representative of a company.
  • You can register only one Account. If more than one person accesses the same device to use their Account, 9ja Living may request proof of identity to avoid duplicate accounts.
  • You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and are fully responsible and liable for any activity performed using your Account access details.
  • You represent and warrant to 9ja Living that you have reached the age of majority or are accessing the Service under the supervision of a parent or legal guardian. All users who are minors in their jurisdiction (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, your parent or guardian must read and agree to these Terms before you use the Service.
  • 9ja Living reserves the right to suspend or terminate your Account or your access to the Service, with or without notice, if you breach these Terms.
  • You agree to immediately notify 9ja Living of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. 9ja Living cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

Service

  • The Platform is an online service that allows users to create and publish promoted Ads, view Ads published by other users, and communicate with other users using the contact details provided in the Ads.
  • 9ja Living itself is not an importer, manufacturer, distributor, or seller of any item, nor is it a provider of any service posted by users on the Platform. Additionally, 9ja Living is neither a marketer nor a person acting on a user’s behalf with respect to the marketing of any goods or services posted on the Platform. The actual sale and purchase contracts or service contracts are entered into directly between users, and 9ja Living is not a party to such transactions. 9ja Living provides users with an opportunity to communicate.
  • Users are solely responsible for collecting and remitting any applicable taxes resulting from the sale of their goods or services posted on the Platform.
  • 9ja Living reserves the right to delete or block access to Ads posted by users without notice in the event of:
    • Receiving mandatory judgments from competent public authorities.
    • A claim from a holder of intellectual property rights to terminate the infringement of their rights by a user on the Platform.
    • Infringements of rights or legal interests of other users, legal entities, or individuals upon their reasonable request.
    • Detecting that an Ad posted by a user on the Platform breaches these Terms or any applicable law, regulation, rule, or standard.
  • 9ja Living is authorized to delete or block Ads regardless of providing the user with relevant substantiation.
  • 9ja Living retains the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that various actions by 9ja Living may impair or prevent you from accessing the Service at certain times or in the same way, for limited periods or permanently, and you agree that 9ja Living has no responsibility or liability as a result of any such actions, including, without limitation, the deletion of, or failure to make available to you, any content or services.
  • Each user of the Service is solely responsible for any and all their User Content (as defined below). Since 9ja Living does not control the User Content, you acknowledge and agree that 9ja Living is not responsible for any User Content and makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and assumes no responsibility for any User Content. Your interactions with other Service users are solely between you and the user. You agree that 9ja Living will not be responsible for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any Service user, 9ja Living is under no obligation to become involved.
  • The Service may contain links to third-party websites, services, resources, and advertisements for third parties, including, without limitation, offers from local banks and other financial institutions (collectively, “Third Party Ads”). Such Third-Party Ads are not under the control of 9ja Living, and 9ja Living is not responsible for any Third-Party Ads. 9ja Living provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by online properties to which the Third-Party Ads lead may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of such online properties. When you link to third-party online properties, the applicable service provider’s terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-Party Ads found on or through the Service, including payment and delivery of related goods or services, are solely between you and such third party.
  • You hereby release 9ja Living, its officers, employees, agents, and successors from any claims, demands, losses, damages, rights, claims, and actions of any kind, including personal injuries, death, and property damage, that are either directly or indirectly related to or arise from any interactions with or conduct of any Service users or any Third Party Ads.

 

 

Posting of Promoted Ads by Users

  • A user shall provide 9ja Living with any documents confirming the legitimacy of posting promoted Ads and identity documents upon request.
  • A user who posts promoted Ads on the Platform shall provide precise and complete information about the goods and services, as well as the terms and conditions of sale and service provision. For example, the phone number associated with each Ad must be reachable. This means not only the ability to receive messages but also that the user must be available to answer calls promptly. Failure to maintain an accessible and functional phone number may result in the temporary closure of the user’s Ads.
  • The terms and conditions of sale and service provision developed by the user shall not conflict with these Terms and applicable laws.
  • The price of goods or services shall be exact. If the price may change due to specific circumstances, this shall be stated in the Ad.
  • When uploading a YouTube video to your Ad through YouTube API Services functionality offered by 9ja Living, you agree to be bound by the YouTube Terms of Service available at: https://www.youtube.com/t/terms.
  • When uploading a Facebook video to your Ad through Facebook Embedded Video & Live Player functionality offered by 9ja Living, you agree to be bound by the Meta Platform Terms available at https://developers.facebook.com/terms/ and Facebook Terms of Service available at https://www.facebook.com/terms.

Fees

  • The Service is free for users. However, 9ja Living reserves the right to introduce paid services, fees for which shall be communicated to the user in advance.
  • If the Service you use is subject to a fee, you agree to pay that fee. The details of the payment method, fees, and refund conditions are set out on the Platform.
  • 9ja Living may change the fees and the method of payment from time to time. The changes shall be announced on the Platform and come into effect from the moment of publication.
  • Unless otherwise required by law, fees are non-refundable.

User Representations and Warranties

By using the Service, you represent and warrant that:

  • You have the legal capacity and agree to comply with these Terms.
  • You are not a minor in the jurisdiction in which you reside, or you have received parental permission to use the Service.
  • If registering on behalf of a company, you are an authorized representative of the company and have the authority to bind the company to these Terms.
  • All registration information you submit is true, accurate, current, and complete.
  • You will maintain the accuracy of such information and promptly update such registration information as necessary.
  • You will not access the Service through automated or non-human means, whether through a bot, script, or otherwise.
  • You will not use the Service for any illegal or unauthorized purpose.
  • Your use of the Service will not violate any applicable law or regulation.
  • You will not post Ads for goods or services that infringe on any rights of third parties, including intellectual property rights.
  • You will not post Ads for goods or services that are prohibited by law.
  • You will not interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
  • You will not attempt to impersonate another user or person or use the username of another user.
  • You will not harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.

Indemnity

  • You agree to indemnify and hold harmless 9ja Living, its subsidiaries, affiliates, licensors, employees, agents, and other partners and service providers from any and all claims, demands, losses, damages, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees, arising out of or in connection with your use of the Service, your conduct in connection with the Service, or any violation of these Terms or of any law or the rights of any third party.

Limitation of Liability

  • To the fullest extent permitted by law, in no event shall 9ja Living or its affiliates, or any of their respective officers, directors, employees, agents, licensors, or service providers, be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, loss of data, or other damages arising from or relating to your use of, or inability to use, the Service, even if 9ja Living knew or should have known of the possibility of such damages.
  • To the fullest extent permitted by law, 9ja Living’s liability for any claim arising out of or relating to these Terms shall not exceed the greater of the amount paid by you to 9ja Living in the six months preceding the claim or NGN37,000.

  Intellectual Property Rights

  • You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service (“Submissions”) provided by you to 9ja Living are non-confidential and shall become the sole property of 9ja Living. 9ja Living shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
  • You retain ownership of any intellectual property rights that you hold in the content that you submit, post, or display on or through the Service. By submitting, posting, or displaying content on or through the Service, you grant 9ja Living a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed).

Governing Law and Jurisdiction

  • These Terms and your use of the Service are governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles.
  • Any disputes arising under or in connection with these Terms shall be resolved exclusively through binding arbitration in accordance with the Arbitration and Conciliation Act (Cap A18 Laws of the Federation of Nigeria 2004), except that 9ja Living may seek injunctive or other appropriate relief in any state or federal court in Nigeria if necessary.

Contact Information

  • If you have any questions or need to provide notice to 9ja Living regarding these Terms, please email support@9jaliving.com.