Welcome to www.sheltamart.com!

These terms and conditions (“Terms of Service” or “Terms”) regulates the access and use of the websites, mobile sites, mobile applications and other portals owned, operated, branded or made available (collectively, the “Sites”) by SheltaMart.com or its affiliates (hereinafter referred to as “we”, “us”, “our” or “SheltaMart.com”) from time to time.

By visiting any of the Sites and/or purchasing something from us, you (defined below) have engaged our service (“Service”) and agree to be bound by the Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, as may be amended from time to time. For the avoidance of doubt, these Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content (referred to as “you”, “your” or “User” hereinafter).

Kindly review the Terms of Service diligently prior to using the Sites as your use of any of the Sites indicates your agreement to be wholly bound by the Terms as well as the Privacy Policy (defined below), the Product Listing Policy and any other rules and policies of the Sites that SheltaMart.com may publish from time to time, without modification. Please do not access or use the Services or the Sites if you do not accept all of the Terms. These Terms fully govern the use of the Sites. No extrinsic evidence, whether oral or written, will be incorporated.

1. General Provisions

By accessing or using the Services or the Sites you confirm that (a) you are of legal age to form a binding contract with SheltaMart.com and (b) you are not prohibited from receiving any of the Services provided by SheltaMart.com under the laws of the Federal Republic of Nigeria or other countries / regions including the country / region in which you are resident or from which you access and use the Services and the Sites.

SheltaMart.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites.  By continuing to access or use the Services or the Sites, you agree that the amended and restated Terms will apply to you.

1.3 You may be required to enter into separate agreement(s), whether online or offline, with SheltaMart.com or our affiliate for any Service (or features within the Services) (each an “Additional Agreement”).  If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service (or feature within the Service) concerned.

1.4 The Terms may not otherwise be modified except in writing by an authorized officer of SheltaMart.com

2. About SheltaMart.com

2.1 SheltaMart.com is an online marketplace for sale of building and construction materials and services. The platform allows users to offer, sell, and buy goods and services in various geographic locations. SheltaMart.com is not a party to contracts for sale between third-party sellers and buyers, nor is SheltaMart.com an auctioneer. Goods and services for sale on the SheltaMart.com platform are restricted to the building and construction industry.

2.2 Any information on prices, availability, description, shipping, listing, and sourcing of goods and services, provided by SheltaMart.com as part of the Service is solely informational and you may decide to follow it or not. Unless otherwise expressly provided, SheltaMart.com assumes no responsibility and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that the transaction will be completed or an item returned.

3. Using SheltaMart.com

3.1 In connection with using or accessing the Service you agree to comply with the Terms, and all applicable laws, rules, and regulations, and you will not:

breach or circumvent any laws, regulations, third-party rights, our systems, Service, and policies;
use our Service if you are not able to form legally binding contracts (for example, if you are under 16 years old), or are temporarily or indefinitely suspended from using our Service, or are a person with whom transactions are prohibited under relevant local or international trade law, conventions, or sanctions;
fail to pay for items purchased by you except in accordance with our policies;
fail to deliver items sold by you except in accordance with our policies;
manipulate price or interfere with any other user’s listings;
directly or indirectly compromise or undermine our feedback or ratings systems;
transfer your account to another party without our consent;
create listings, post, or upload content in inappropriate categories or areas on our sites;
post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
distribute viruses or any other technologies that may harm our system, platform or the interests or property of users;
use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of SheltaMart.com;
circumvent any technical measures used to provide our Services.
interfere with the functioning of the Service, including but not limited to uploading disproportionate or large load on our system;
infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to SheltaMart.com. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to SheltaMart.com or someone else;
infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
commercialize any SheltaMart.com application or any information, data, or software associated with such application, except with the prior express permission of SheltaMart.com; or
harvest or otherwise collect or use information about users without their consent.

3.2 In the event of an abuse or misuse of SheltaMart.com and/or our Service including buying or selling outside SheltaMart.com, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any thing associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Service including enforcing and applying ing penalty which shall not be less than the face value of the goods or service.

3.3 We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. PROVIDED that the account may be reactivated upon payment of relevant fees. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Service to anyone for any reason at our discretion.

4. Provision of Services

4.1 You must register as a member on the Sites in order to access and use some Services. Further, SheltaMart.com reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to Users, or subject to other conditions that SheltaMart.com may impose in our discretion.

4.2 Services (or any features within the Services) may vary for different locations, states, regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. SheltaMart.com may in our sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.

4.3 SheltaMart.com may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the ability of such paying Users to enjoy that Service.

4.4 Some Services (or part thereof) may be provided by SheltaMart.com’s affiliates on behalf of SheltaMart.com.

5. Users Generally

5.1 By accessing and using the Sites or Services, you agree that you will comply with all applicable laws and regulations as it relates to the Sites or Services.

5.2 Any unauthorised use of the material, content information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Sites (the “Site Content”) of this Site including but not limited to, (a) copying, reproducing, downloading, re-publishing, selling, distribution or resell of any Services or any Site Content; and (b) copying, reproduction, downloading, compiling or otherwise use any Site Content for the purposes of operating a business whether or not in competition with SheltaMart.com, or otherwise commercially exploiting the Site Content, is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such Site Content.

5.3 You hereby confirm acceptance of the terms governing the protection and use of personal information about Users in the possession of SheltaMart.com and our affiliates (the “Privacy Policy”).

5.4 SheltaMart.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), application programming interface or otherwise to such third parties’ web sites. You are cautioned to read such web sites’ terms and conditions and/or privacy policies before using the Sites. You acknowledge that SheltaMart.com has no control over such third parties’ web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on or through such web sites.

5.5 You agree not to undertake any action to undermine or compromise the integrity of the computer systems or networks of SheltaMart.com or any other User nor to gain unauthorized access to such computer systems or networks, including but not limited to compromising SheltaMart.com feedback system, whether in person, through third parties or another User.

5.6 By posting or displaying any information, content or material (“User Content”) on the Sites or providing any User Content to SheltaMart.com, our affiliate or representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to SheltaMart.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to SheltaMart.com, the operation of the Sites, the provision of any Services and/or the business of the User. You represent and warrant to SheltaMart.com that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.

6. Accounts Owners and Members

6.1 Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe (as “Account Owner” or “Members”) for any such services or related features, whether as a seller, buyer or otherwise, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every User and Account Owner is solely responsible for keeping passwords and other account identifiers used on the Site safe and secure.

6.2 The Account Owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

6.3 During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

6.4 Account Owner agrees that all use of the Sites and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Account Owner. 

6.5 Account Owner acknowledges that sharing of your account with other persons or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to SheltaMart.com or other Users of the Sites. Account Owner shall indemnify SheltaMart.com or our affiliates (as case may be) against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account.

6.6 SheltaMart.com shall operate different categories of Members depending on ranking, years on the Site, quality of products and such other parameters as SheltaMart.com may release from time to time. The categories shall be Bronze, Silver, Gold and Platinum.

7. User/Account Owner’s Responsibilities

7.1 As an Account Owner or User, you represent, warrant and agree that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) your access and use the Sites and Services will be for business purposes only; and (c) for Account Owners who are business entities, the address you provide when registering is the principal place of business of your business entity.  For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.

7.2 Account Owners will be required to provide information or material about your entity, business or products/services as part of the registration process on the Sites for your access to and use of any Service or the member account.  Each Account Owner represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

7.3 Upon becoming an Account Owner and for all Users, you consent to the inclusion of the contact information about you in our database and authorize SheltaMart.com and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy.

7.4 Each Account Owner represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.

7.5 Each Account Owner and User further represents, warrants and agrees to: (a) carry on your activities on the Sites in compliance with any applicable laws and regulations; (b) conduct your business transactions with other users of the Sites in good faith; (c) carry on your activities in accordance with the Terms and any applicable Additional Agreements; (d) not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards); (e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity; (f) not engage in spamming or phishing; (g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities; (h) not involve attempts to copy, reproduce, exploit or expropriate SheltaMart.com’s various proprietary directories, databases and listings; (i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; (j) not involve any scheme to undermine the integrity of the data, systems or networks used by SheltaMart.com and/or any user of the Sites or gain unauthorized access to such data, systems or networks; (k) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and (l) not engage in any activities that would otherwise create any liability for SheltaMart.com or our affiliates.

7.6 Each Account Owner and User acknowledges and agrees that SheltaMart.com reserves the right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including User Content) created, obtained or accessible through the Services or Sites. SheltaMart.com does not endorse, verify or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed or otherwise made by any Account Owner. Each Account Owner is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

7.7 Each Account Owner and User acknowledges and agrees that the Sites and Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.

7.8 Each Account Owner and User acknowledges and agrees that each Account Owner and User is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Site and Services are in compliance with the same.

7.9 Through the Site, SheltaMart.com provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of goods and services online between buyers and suppliers. We reserve the right to limit certain features and functions of the platform to the prescribed Account Owner and User. Despite the provision of the platform through the Sites, SheltaMart.com does not represent the seller or the buyer whether or not such transactions are made on or via the Sites. We do not control and are not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.

7.10 Account Owner and User are hereby made aware that there may be risks of dealing with people acting under false pretense. SheltaMart.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Sites. However, because of the challenges of online user verification, SheltaMart.com cannot and does not confirm each Account Owner and User’s purported identity shown on the Sites. We encourage all Account Owner and User to use the various tools available on the Sites, as well as common sense, to evaluate with whom you are dealing.

7.11 Each Account Owner and User accessing or using the Sites or Service shall fully assume the risks of conducting any purchase and sale transactions in connection with or through the Sites or Service. Such risks shall include, but not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents (“Transaction Risks”). Each Account Owner and User agrees that SheltaMart.com shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.

7.12 Each Account Owner and User is solely responsible for setting out, agreeing on, entering into and performing all of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

7.13 In the event that any Account Owner and User has a dispute with any party to a transaction, such Account Owner and User agrees to release and indemnify SheltaMart.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.

8. Breaches by Account Owners

8.1 SheltaMart.com reserves the right in our sole discretion without reference to the Account Owner to remove, modify or reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject SheltaMart.com or our affiliates to liability, or is otherwise found inappropriate in SheltaMart.com’s sole discretion.

8.2 If any Account Owner or User breaches any Terms, or if SheltaMart.com has reasonable grounds to believe that an Account Owner or User is in breach of any Terms, SheltaMart.com shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the account of such Account Owner and any and all accounts determined to be related to such account by SheltaMart.com in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Account Owner has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Account Owner may post or display; (iv) imposing other restrictions on the Account Owner’s use of any features or functions of any Service as SheltaMart.com may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as SheltaMart.com may deem necessary or appropriate in its sole discretion.

8.3 SheltaMart.com shall to the extent permitted by applicable laws and policies disclose the identity, contact information and/or information regarding a User or an Account Owner’s account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action.  SheltaMart.com shall not be liable for damages or results arising from such disclosure, and Account Owner agrees not to bring any action or claim against SheltaMart.com for such disclosure.

8.4 SheltaMart.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Account Owner’s use of any Service or the Sites without being liable to the Account Owner if SheltaMart.com has received notice that the Account Owner is in breach of any agreement or undertaking with any affiliate of SheltaMart.com and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. SheltaMart.com reserves the right to, but shall not be obligated to investigate such breach or request confirmation from the Account Owner.

8.5 Account Owner shall indemnify SheltaMart.com and affiliates, and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your access to or use of the Sites or Services, or from your breach of the Terms or any Additional Agreements.

8.6 Each Account Owner and User further agrees that SheltaMart.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Sites or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the Account Owner. SheltaMart.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Account Owner, in which event the Account Owner shall cooperate with SheltaMart.com in asserting any available defenses.

9. Information on Site

9.1 You accept that the information contained in this website is provided “as is”, “where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.

9.2 Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.

9.3 We make no representations as to the merchantability of any products listed on our website, and we hereby disclaim all warranties, whether express or implied, as to the merchantability and/or fitness of the products listed on our website for any particular purpose. We shall not be held responsible or made liable for any damages or injury which may arise as a result of any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure and defect in the information, content, materials, software or other services included on or otherwise made available through our Website. We understand that certain state laws do not allow limitations on implied warranties or limitation of certain damages, these disclaimers may therefore not apply where these laws are applicable.

10. Accessibility of Website

Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

11. Links and Thirds Party Websites

11.1 We may include links to third party websites at any time. However, the existence of a link to another website should not be considered as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.

11.2 In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.

11.3 Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.

12. Intellectual Property

12.1 By using any of the Sites whether as a User or Account Owner, you agree that all intellectual property rights and database rights, whether registered or unregistered, in the Sites, the Site Content and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.

12.2 Any unauthorized use of the Site Contents including without limitation, any material on the Sites is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of any such material and content.

13. Limitation of Liability

13.1 To the maximum extent permitted by law, the Services provided by SheltaMart.com on or through the Sites are provided “as is”, “as available” and “with all faults”, and SheltaMart.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. all such warranties, representations, conditions, and undertakings are hereby excluded.

13.2 To the maximum extent permitted by law, SheltaMart.com makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the sites; SheltaMart.com does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the sites does not violate any third party rights; and SheltaMart.com makes no representations or warranties of any kind concerning any product or service offered or displayed on the Sites.

13.3 Any material downloaded or otherwise obtained through the Sites or Services is done at each User’s sole discretion and risk and each User is solely responsible for any damage to its own or to SheltaMart.com’s computer system(s) or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from SheltaMart.com or through or from the Sites shall create any warranty not expressly stated herein.

13.4 The Sites may make available to User services or products provided by independent third parties.  No warranty or representation is made with regard to such services or products.  In no event shall SheltaMart.com or our affiliates be held liable for any such services or products.

13.5 Each User and Account Owner hereby agrees to indemnify and hold SheltaMart.com and our affiliates harmless from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s access to or use of the Sites or Services (including but not limited to the display of such User’s information on the Sites) or from your breach of any of the terms and conditions of the Terms. Each User and Account Owner hereby further agrees to indemnify and hold SheltaMart.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to SheltaMart.com, including but not limited to those set forth in this Terms.

13.6 Each User and Account Owner hereby further agrees to indemnify and save SheltaMart.com and our affiliates from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Sites. Each User hereby further agrees that SheltaMart.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. SheltaMart.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with SheltaMart.com in asserting any available defenses.

13.7 SheltaMart.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following: (a) the use or the inability to use the Sites or Services; (b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites or Services; (c) violation of Third Party Rights or claims or demands that User’s manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites or through the Services may violate or may be asserted to violate, Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants; (d) unauthorized access by third parties to data or private information of any User; (e) statements or conduct of any User of the Sites or Services; or; (f) any matters relating to the Sites or Services, however arising, including negligence.

13.8 Notwithstanding any of the foregoing provisions, the aggregate liability of SheltaMart.com, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or use of the Sites or Services during any calendar year shall be limited to the amount of fees the User or Account Owner as the case may be, has paid to SheltaMart.com in exchange for the access to or use of the Site or Services during the calendar year. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose.

14. Force Majeure

Under no circumstances shall SheltaMart.com be held liable for any delay or failure or disruption of the content or the Services accessed or delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

15. Notices

15.1 All legal notices or demands to or upon SheltaMart.com shall be made in writing and sent to SheltaMart.com personally, by courier or certified mail to the following entity and address:

[Sheltamart Online Limited
26 Aderibigbe Street off Adeshina Street near University of Lagos Onitiri
Yaba Lagos.

support@sheltamart.com
Attn: Customer Care].

The notices shall be effective when they are received by SheltaMart.com in any of the above-mentioned manner.

15.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User or Account Owner to SheltaMart.com, or by posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: (a) SheltaMart.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (b) immediately upon SheltaMart.com posting such notice on an area of the Sites that is publicly accessible without charge.

15.3 You agree that all agreements, notices, demands, disclosures and other communications that SheltaMart.com sends to you electronically will satisfy any legal requirement that such communication should be in writing.

16. Governing Law

The Laws of the Federal of Republic of Nigeria, without regard to principles of conflict of laws, will govern the term of Service and any dispute of any sort that might arise between you and SheltaMart.com.

17. Dispute Resolution

17.1 By accepting the terms and conditions herein, you hereby submit to the exclusive jurisdiction of the courts of the Federal Republic of Nigeria to determine any dispute arising from the Terms.

18. Fees and Taxes

18.1 We charge sellers for the use of our Service. In some cases, where buyers receive supplemental Services in certain categories, we may also charge those buyers for such supplemental Services.

18.2 The fees we charge sellers for using our Service to sell goods and services are listed on our platform. We may review our fees from time to time by posting the changes on the SheltaMart.com site, with or without advance notice.

18.3 If you are a seller, you are liable for fees and taxes arising out of all sales made using some or all of our Services, whether or not the sales terms are finalized and payment made on our platform. PLEASE NOTE that you will liable to pay a penalty, which shall if you offer your contact information or ask a buyer for their contact information in the context of buying or selling outside of SheltaMart.com, you shall be liable to penalty which shall not be less than the final value fee applicable to the relevant good(s) or service(s), even if the item doesn’t sell, given your usage of our Services for the introduction to a buyer.

18.4 You as a seller must pay all fees and applicable taxes associated with your use of our Services by the payment due date. If your payment method fails or your account is past due, we may place restrictions on your account, in addition, we or our collection agent may collect amounts owed in the manner described in the payments terms, and late fees will apply. SheltaMart.com, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.

19. Listing Conditions

19.1 When listing an item for sale on our Services, you agree to comply with SheltaMart.com’s Listing policy and you also agree that:

You assume full responsibility for the item offered and the accuracy and content of the listing;
The content you provide complies with our listing policy, including the images, videos and text policy;
Content that violates any of SheltaMart.com’s policies may be modified, obfuscated, or deleted at SheltaMart.com’s sole discretion; and
We may revise product data associated with listings to supplement, remove, or correct information.

We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

buyer’s location, search query, browsing site, and history;
item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
seller’s history, including listing practices, SheltaMart.com policy compliance, feedback, ranking and reviews; and
number of listings matching the buyer’s query.

We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and/or current listings; results may vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers.

For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, SheltaMart.com may require the use of certain payment methods, subject to our Payment Terms. For example, for inventory covered by authentication or storage services, buyer and sellers may be subject to escrow and/or payment handling requirements.

You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. SheltaMart.com has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product you list or sell using our Services.

SheltaMart.com may publish and promote your listings, including related content such as username, product reviews and feedback on the websites or in the applications, services, and tools of other SheltaMart.com’s corporate family members or cooperating third-party operators of websites, applications, services, and tools, and

20. Payment and Purchase Conditions

When buying an item using our Services, you agree to the Terms and policies for buyers and that you are responsible for reading the full item listing before making a bid or offer, buying, or committing to buy. We do not transfer legal ownership of items from the seller to you, the contract remains between the buyer and the seller.

Payments for goods and services sold using our Service are supported by designated SheltaMart.com entities (each, an “SheltaMart.com Payment Support”). You agree to the Payment Terms and Billing policy to the extent applicable to you. To receive payment for an item sold using our Service, you must accept and comply with the Payments Terms, including the requirements to provide to SheltaMart.com Payment Support information about you, your business, and the financial account you will use to receive payments.

20.3 If you are a buyer:

You may pay for items and services using the payment methods that the SheltaMart.com Payment Support make available, and the SheltaMart.com Payment Support will manage settlement of the payment to sellers. When buying on our platform, you authorize the SheltaMart.com Payment Support to initiate payments using your selected payment method and collect the transaction amounts on behalf of the seller.  Accordingly, payments received by the SheltaMart.com Payment Support from you will satisfy your obligations to pay the seller in the amount of payments received.

In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, Anti-Money Laundering (“AML”) compliance, compliance with economic or trade sanctions, in connection with SheltaMart.com’s internal risk controls or due to potential violations of any policy of SheltaMart.com or the SheltaMart.com Payment Support, or a policy of one of the Payment Entity’s third-party payment services providers.

SheltaMart.com, the SheltaMart.com Payment Support or its affiliates may save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you on our platform when you make a purchase, redeem a coupon, or make any other transaction on our Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on our platform. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method on your personal profile on the Home tab. You are responsible for maintaining the accuracy of information we have on file, and you consent to SheltaMart.com updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use. By placing a payment method on file with us, you authorize SheltaMart.com Payment Support to charge your payment method(s) for any and all amounts arising from your use of our platform, including charges to recover the proceeds of any fraud perpetrated by you, or charges necessary to recoup amounts refunded to you in error.

You may seek returns or cancellations on our Service, or be required to complete relevant forms on our platform. If you are entitled to a refund, the SheltaMart.com Payment Support will issue the refund if the SheltaMart.com Payment Support processed the original payment. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.

You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by the SheltaMart.com Payment Support. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the SheltaMart.com Payment Support has no control over, or responsibility or liability for, such fees or actions.

21. International Buying and Selling; Translation

21.1 Given the nature of SheltaMart.com’s global marketplace, listings may be viewed and purchased by, and shipped to, buyers around the world. Our Services is available and accessible internationally. We offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

21.2 You authorize us to use automated tools to translate your SheltaMart.com content, including member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.

22. General Provisions

22.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and SheltaMart.com with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

22.2 SheltaMart.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

22.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

22.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause.

22.5 SheltaMart.com’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of SheltaMart.com’s right to act with respect to subsequent or similar breaches.

22.6 SheltaMart.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of SheltaMart.com). You may not assign, in whole or part, the Terms to any person or entity.

22.7 If you have any comments on the Services we provide to you, you may contact our customer service support line support@sheltamart.com with any such feedback or questions.

22.8 If there is any conflict between the English version and another language version of the Terms, the English version shall prevail. To the extent of any inconsistencies, ambiguity or conflict between the contents of any of the policies and the Terms, the English version and the decision of SheltaMart.com exercised in its absolute discretion shall prevail.