Your use of the Yhame.com website www.Yhame.com and it's affiliated sites, including but not limited to Yhame Hub(hereinafter referred to as "Yhame.com.") and services and tools are governed by the following terms and conditions as applicable to Yhame.com. If you transact on Yhame.com, you shall be subject to the policies that are applicable to the website for such transaction.
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
Use of the Yhame.com Website is available only to persons who can form legally binding contracts under Nigeria and other countriesn governing laws. If you are a minor i.e. under the age of 18 years, you shall not register as a member of Yhame.com and shall not transact or use Yhame.com website. As a minor if you wish to use or transact on Yhame.com, such use or transaction may be made by your legal guardian or parents who have registered as users of Yhame.com. Yhame.com reserves the right to terminate your membership and refuse to provide you with access to Yhame.com if it is brought to Yhame.com’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to Yhame.com, You agree and understand that You are communicating with Yhame.com through electronic records and You consent to receive communications via electronic records from Yhame.com periodically as and when required. Yhame.com may communicate with You by email or by such other mode of communication, electronic or otherwise.
Membership on Yhame.com is free. Yhame.com does not charge any fee for browsing and buying on Yhame.com. However Yhame.com reserves the right to charge fee and change its policies from time to time. In particular, Yhame.com may at its sole discretion introduce new services and modify some or all of the existing services offered on Yhame.com. In such an event Yhame.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 Yhame.com. Unless otherwise stated, all fees shall be quoted in Nigeria and other countriesn Naira. You shall be solely responsible for compliance of all applicable laws including those in Nigeria and other countries for making payments to Yhame.com.
Use of Yhame.com Website or any of it's affiliate sites
You agree, undertake and confirm that your use of Yhame.com shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) Belongs to another person and to which you do not have any right
(b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" or misleading in any way.
(c) Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) Harasses or advocates harassment of another person;
(e) Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
(f) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(g) Infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(h) Promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(i) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(j) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(k) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(l) Contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
(m) Tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) Solicits gambling or engages in any gambling activity which Yhame.com, in its sole discretion, believes is or could be construed as being illegal;
(p) Interferes with another user's use and enjoyment of Yhame.com Website or any other individual's user and enjoyment of similar services;
(r) Harm minors in any way;
(s) Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(t) Violates any law for the time being in force;
(u) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(v) Impersonate another person;
(w) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(x) Threatens the unity, integrity, defence, security or sovereignty of The Federal Republic of Nigeria and other countries, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(y) Shall not be false, inaccurate or misleading;
(z) Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(aa) Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
(ab)You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Yhame.com reserves the right to bar any such activity.
(ac)You shall not attempt to gain unauthorized access to any portion or feature of Yhame.com website, or any other systems or networks connected to Yhame.com Website or to any Yhame.com’s server, computer, network, or to any of the services offered on or through Yhame.com Website, by hacking, password “mining” or any other illegitimate means.
(ad)You shall not probe, scan or test the vulnerability of Yhame.com website or any network connected to Yhame.com website nor breach the security or authentication measures on Yhame.com website or any network connected to Yhame.com Website.
(ae)You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Yhame.com Website, or any other customer of Yhame.com, including any Yhame.com account not owned by you, to its source, or exploit Yhame.com Website or any service or information made available or offered by or through Yhame.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Yhame.com Website.
(af)You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Yhame.com Website or Yhame.com’s systems or networks, or any systems or networks connected to Yhame.com.
(ag)You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
(ah)You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Yhame.com on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. .
(aj)You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
(ak)You shall not lift (i.e. copy and paste) images of products you want to sell on Yhame.com from other websites, images to be used must be original images and not stolen images or content posted on another site. And in the event that you violate this term, you hereby indemnify Yhame of any third party claim thereon.
(am)You understand that Yhame.com has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Yhame.com Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE Yhame.com WEBSITE AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect the views of Yhame.com. In no event shall Yhame.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 Yhame.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 Yhame.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. Yhame.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 Yhame.com.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Yhame.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 Yhame.com, and that the recipient may use such information to harass or injure you. Yhame.com does not approve of such unauthorized uses but by using the Yhame.com Website you acknowledge and agree that Yhame.com is not responsible for the use of any personal information that you publicly disclose or share with others on Yhame.com. Please carefully select the type of information that you publicly disclose or share with others on Yhame.com.
Yhame.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
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 Yhame.com is owned, controlled or licensed by or to Yhame.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Yhame.com products and services purposely made available by Yhame.com for downloading from the Site, provided that you:
(1) not remove any proprietary notice language in all copies of such documents,
(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
(3) make no modifications to any such information, and
(4) not make any additional representations or warranties relating to such documents.
Yhame.com does not take responsibility or liability for the actions, products, content and services on Yhame.com website, which are linked to Affiliates and / or third party websites using Yhame.com APIs or otherwise. In addition, Yhame.com may provide links to the third party websites of affiliated companies and certain other businesses for which, Yhame.com assumes no responsibility for examining or evaluating the products and services offered by them, and Yhame.com does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Yhame.com does not in any way endorse any third party website(s) or content thereof
Yhame.com welcomes links to this site. You may establish a hypertext link to Yhame.com website, provided that the link does not state or imply any sponsorship or endorsement of your site by Yhame.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on Yhame.com, including any logos or characters, without the express written consent of Yhame.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 Yhame.com website without Yhame.com’s prior written consent.
Information submitted may be made available to Yhame partners who can in turn use it for verification purposes
Mandatory Declaration – Computers
1. You hereby declare that you have provided all necessary Legal Delivery Details for the shipment of the product to the destination specified by you in the Order.
2. You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
Disclaimer Of Warranties And Liability
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Yhame.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, Yhame.com 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.
Yhame.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, Yhame.com website.
Yhame.com does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Yhame.com website; their servers; or electronic communication sent from Yhame.com are free of viruses or other harmful components.
Nothing on Yhame.com constitutes, or is meant to constitute, advice of any kind.
All the products sold on Yhame.com are governed by different state laws and if Yhame.com is unable to deliver such products due to implications of different state laws, Yhame.com will return or will give credit for the amount received by Yhame.com from the sale of such product, that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on Yhame.com. By registering your phone number with us, you consent to be contacted by Yhame.com via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Yhame.com will not use your personal information to initiate any promotional phone calls or SMS'.
While availing any of the payment method/s offered at Yhame.com, Yhame.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:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by you and between your "Bank/s", or
3. Any payment issues arising out of the transaction, or
All payments made against the purchases/services on Yhame.com by you shall be compulsorily in Nigeria and other countriesn Naira acceptable by the Central Bank of Nigeria and other countries. Yhame.com does not accept any other form of currency with respect to the purchases made on Yhame.com.
Without limiting other remedies, Yhame.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 Yhame.com website in the event, but not limited to:
2. If Yhame.com is unable to verify or authenticate any information you provide; or
3. If it is believed that your actions may cause legal liability for you, other Users or Yhame.com. Yhame.com may at any time at its sole discretion reinstate suspended users.
• Applicable Law
This Agreement shall be governed by and interpreted and construed in accordance with the laws of The Federal Republic of Nigeria and other countries. The place of jurisdiction shall be exclusively in Lagos, Nigeria and other countries.
• Jurisdictional Issues/Sale in Nigeria and other countries Only
Unless otherwise specified, the material on Yhame.com is presented solely for the purpose of sale in applicable countries. Yhame.com makes no representation that materials in Yhame.com are appropriate or available for use in other locations/Countries other than Nigeria and other countries. Those who choose to access this site from other locations/Countries other than Nigeria and other countries do so on their own initiative and Yhame.com is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than Nigeria and other countries, compliance with local laws, if and to the extent local laws are applicable.
• Trademark, Copyright and Restriction
This site is controlled and operated by Yhame.com. 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 Yhame.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.
• Copyright complaint
We at Yhame.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 [email protected]
• Risk of loss
All items purchased from Yhame.com are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with Yhame.com until the item is transferred to You. In the event that the items are damaged after receipt, the risk falls on the customer.
• Product Description
Yhame.com tries to be as accurate as possible. However, Yhame.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Yhame.com itself is not as described, your sole remedy is to return it in unused condition.
• Pricing/Typographical error
If Yhame.com comes across any difference in pricing resulting from typographic errors with regards to pricing or product information, Yhame.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.
• Cancellation of order
Yhame.com reserves the right to cancel any order without any explanation for doing so, under situation where Yhame.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Yhame.com policy or for any reason. However, Yhame.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.
• Limitation of Liability
IN NO EVENT SHALL Yhame.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF Yhame.com HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Merchant Service Agreement
Yhame reserves the right to alter these Terms & Conditions at any point without notice, by updating the content on the Yhame website.
In consideration of the mutual covenants set forth in this Agreement, Seller and Yhame (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows:
1. Services Rendered
The Seller agrees to compensate Yhame for the services rendered listed in section 2 below (“Services”).
2. Delivery of Services
Yhame 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 Yhame.com;
- 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.
Yhame 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.
Yhame 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 Yhame with genuine products, up-to-date product quantity information and accurate product information.
For all of the Services provided by Yhame under this Agreement, the Seller shall compensate Yhame, 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 Yhame website.
Yhame 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 Yhame’s website not less than fourteen (14) days before any variation in commission rate or charging structure takes place. Yhame 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 Yhame 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 Yhame. Seller shall keep the Confidential Information in confidence and shall not at any time during or after the terms of this agreement, without Yhame’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the “Confidential Information” definition is anything that can be seen by the public.
5. Independent Contractor
Yhame shall be deemed as an independent contractor. Yhame 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 Yhame’s behalf. Yhame is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the Seller. Yhame understands that it will not be entitled to any fringe benefits that Seller provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.
6. Entire Agreement
This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. Yhame reserves the right to alter these terms and conditions at any point without notice, by updating the content on the Yhame website.
Seller warrants that everything it gives Yhame 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 Yhame, its employees and associates harmless from any and all claims brought in the performance of the Services.
Seller shall indemnify and hold YHAME harmless in respect of any action that may be taken against it, or any claims that may be brought against it, for whatever reason and of whatever nature – including, but not limited to, breach of law, regulation and/or any of the obligations and warranties under this Contract – by any third party in respect of the Contents and/or the Services and/or any and all activities related and connected to the Contents and/or the Services, irrespective of any direct liability of the Seller (“Third Party Claim”).
8. Limitation of Liability
A) Not withstanding applicable returns policy, Merchant further covenants to ;
a. Pick up fresh returned orders from the Yhame Pick Up Centre within 5 days of notification of such return via sms and e-mail, failing which, order is sent back to Yhame’s Warehouse.
b. If the item still remains unpicked at the Yhame Warehouse after the 17th day, Yhame shall send a final notification to merchant to pick up at Yhame’s Warehouse informing the Merchant that such goods shall be disposed at discounted prices fixed at Yhame's discretion. Proceeds of such sales shall be paid into merchant’s wallet.
c. In the event that the goods are not bought on discounted prices after such sales, such goods shall be destroyed by Yhame. Evidence of this shall be made available upon request. d. Merchant hereby indemnifies Yhame against any such claims and holds Yhame non-liable for the disposal of such returned goods referred to in the clauses above.
B) Merchant agrees to indemnify, defend and hold harmless Yhame against and from any third party claims (including reasonable legal or arbitration costs) arising from;
(i) any breach or default on the part of the merchant of any obligations
(ii) negligent act or omission of merchant; or
(iii) wilful violation of the law, wrong description and price of products advertised; or
(iv) an offence committed by merchant,
(v)provision of fake, inferior or substandard products that have been sold as genuine;
(vi)Provision of used, refurbished or damaged products that has been sold as new or unused;
(vii)Listing and selling products that have not been authorized for sale by the appropriate regulatory body (including but not limited to the NCC, NAFDAC etc);
(viii)Fails to meet the Quality Of Service Standards (QoS) as defined.
(ix)Engages in any activity which would be considered illegal under Nigeria and other countriesn law, or engages in any activity that could be considered as fraudulent or misleading.
9. Term & Termination
Either Party shall have the right to terminate this Agreement for cause immediately and without notice in the event of a breach of the obligation under this Agreement by the other Party.
Yhame has the right to evict the Seller from Yhame if any, or a combination, of the following breaches are committed:
- Fails to make a product that has been sold on Yhame Mall available for delivery within three (3) business days after it was supposed to be available for delivery;
- Provides fake, inferior or substandard products that have been sold as genuine;
- Provides used, refurbished or damaged products that has been sold as new or unused;
- Lists and sells products that have not been authorized for sale by the appropriate regulatory body (including but not limited to the NCC, NAFDAC etc);
- Fails to meet the Quality Of Service Standards (QoS) as defined (details on request);
- Engages in any activity which would be considered illegal under Nigeria and other countriesn law, or engages in any activity that could be considered as fraudulent or misleading;
- Engages in any activity that brings Yhame, or any of Yhame’s partners or other mall vendors into disrepute.
Yhame reserves the right to alter these QOS rules at any time, and in the event of any changes Yhame will inform the Seller by publishing the same on Yhame’s website. Yhame will send a formal warning to the Seller after each incident.
10. Policy on Counterfeit, Refurbished and Unauthorized Products on Yhame Mall
Yhame is committed to delivering high quality products and service to customers at all times, and we strive to ensure that all products sold by merchants via the Yhame Mall are held to the same high standards. Yhame Mall has zero tolerance for counterfeit products, and does not allow the sale of unoriginal, fake/replica, refurbished or otherwise unauthorized items. It is the responsibility of each merchant to source and sell only authentic items. If a merchant is determined by Yhame to have sold inauthentic or otherwise unauthorized goods, Yhame may suspend or terminate the merchant's ability to sell on Yhame immediately and without warning, and current and future payments held by Yhame on the merchant’s behalf may be forfeited and withheld in accordance with Yhame.com's Authentic Items Policy.
Sellers shall be responsible for insurance in relation to goods shipped to customers.
12. Copyright and Infringement Trademark
Yhame respects all copyright and trademarks of others. As a Seller on our website you must in turn respect these rights. Yhame will immediately terminate or suspend a seller who infringes another’s trademark or copyright.
13. Independent Contractors
The Parties hereby enter into this Agreement as independent contractors, and this Agreement will not be construed to create a partnership, joint venture, or employment relationship between them. Neither Party will represent itself to be an employee of the other or enter into any agreement or legally binding commitment or statement on the other’s behalf or in the other’s name.
14. Restrictions and Prohibitions
- All product descriptions must be true, accurate and non-misleading.
- Products sold by Sellers must not be fraudulently obtained or involve the sale of counterfeit or stolen items.
- Sellers must not infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; Yhame will in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of sellers who may be infringers.
- Sellers must comply with governing laws, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, anti-discrimination or false advertising).
- Products/description of products must not be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities.
- No display of images containing pornography is permitted.
- You must not sublease Your account or give another access to Your account or sublease Your Store to third parties;
- Sellers must not incur liability for Yhame and its subcontractors or expose them to undue risk or otherwise engage in activities that Yhame, in its sole discretion, determines to be harmful to Yhame's affiliates, operations, reputation, or goodwill.
- Sellers must not post or display any materials that exploits or otherwise exploits children under age of 18 years.
- Sellers must not conduct activities such as gambling, sweepstakes, raffles and lotteries.
15. Force Majeure
The Parties agree that there shall attach no liability for any inability to carry out any obligations under this Agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lock outs, war, flood, insurrection and other acts of God PROVIDED however that where an event of force majeure subsists for more than One (1) month the Party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this Agreement.
16. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria and other countries and in other countries where they apply in force from time to time and any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of courts.