Terms & Conditions

This User Agreement is effective upon acceptance for those users who accept it through registration of an Wowzabid account, and from 27 December 2016 for existing users.

Introduction

This User Agreement, the Wowzabid policies posted on our sites set out the terms on which Wowzabid offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). All policies, the Mobile Device Terms and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.

 

If you reside within Nigeria you are entering into a contract with Wowzabid International, Wowzabid Office Suite, 9 Moses Majekodunmi St, Berger Junction, Utako district, ABUJA

About Wowzabid

Wowzabid is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations.

Wowzabid does not have possession of anything listed or sold through Wowzabid, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. Wowzabid is not a traditional auctioneer.

While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Wowzabid does not review users' listings or content. While we may help facilitate the resolution of disputes through various programmes, Wowzabid has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Under the Wowzabid Money Back Guarantee, the winner bidder can refuse delivery and will be reimbursed the final item price paid.


Using Wowzabid

In connection with using or accessing the Services you will not:

  • breach or circumvent any laws, third party rights or our systems or policies;
  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
  • fail to pay for bid items won by you (see our unpaid item policy);
  • fail to deliver items sold by you, unless you have a valid reason as set out in an Wowzabid policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
  • manipulate the price of any item or interfere with any other user's listings;
  • take any action that may undermine the Feedback or ratings systems;
  • transfer your Wowzabid account (including Feedback) and user ID to another party without our consent;
  • use the information of other users for any purpose other than in relation to a specific Wowzabid  transaction (which includes using this information to send marketing materials directly to Wowzabid users)
  • distribute viruses or any other technologies that may harm Wowzabid, or the interests or property of Wowzabid users;
  • use any robot, spider, scraper or other automated means to access our Services for any purpose.
  • bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any Wowzabid application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • copy, modify, or distribute rights or content from our Services or Wowzabid's works of authorship, designs and trademarks;
  • copy, reproduce, reverse engineer, modify, create derivative works from, distribute, perform or publicly display any content (except for your information) from our Services without the prior express written permission of Wowzabid and the appropriate third party, as applicable;
  • commercialise any Wowzabid application or any information or software associated with such application;
  • harvest or otherwise collect information about users, such as email addresses, without their consent; or
  • circumvent any technical measures we use to provide the Services.

You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User Agreement please contact info@wowzabid.com.

Abusing Wowzabid

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

  • we think that you are creating problems or possible legal liabilities;
  • we think that such restrictions will improve the security of the Wowzabid community or reduce our or another Wowzabid user's exposure to financial liabilities;
  • we think that you are infringing the rights of third parties;
  • we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
  • despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
  • you fail to make full payment of any fees for our Services

Fees

Our fees are transparent you only pay for your bid credits using one of our packages and the final winning bid price.  We may change our fees, or introduce new fees from time to time by posting the changes on the Wowzabid site 30 days in advance. You may close your account without penalty within 30 days of such notice being given.

Purchase Conditions

When bidding for an item, you agree to comply with the rules for bidders and that:

  • you are responsible for reading the full item listing before making a bid or commitment to buy;
  • you enter into a legally binding contract to when you commit to bid, or if you have the winning bid to purchase the item;
  • you accept that items are shown for illustrative purposes.  You may not get the same colour or may receive a substitute item subject to availability of stock. You will be notified if and when this occurs.
  •  for motor vehicles, and real estate (property) listed a bid or offer is binding. It is important you have the relevant identification and legal representation.
  • if you purchase an item on an Wowzabid site other than Nigeria Wowzabid.com you are subject to the User Agreement of that other Wowzabid site solely with respect to that particular purchase.

International buying, selling and translation

Wowzabid.com is only open to Nigerian customers we will not deliver to anyone outside of Nigeria with all laws and regulations applicable to international sales, purchases, and postage of items.

Content

All content, copyright, trademark, publicity, database or other intellectual property rights are owned by Wowzabid.

You agree not to remove any copyright, proprietary or identification markings included within the item listing or services for Wowzabid.

Transferring Funds

It is your responsibility to make the required payment to Wowzabid as agreed.  If a bidder fails to pay the required funds for the bid credits purchased or the cost of the item won.  This may result in Wowzabid invalidating your winning bid and suspending your account.  To protect against the risk of liability, Wowzabid will monitor on regular basis any malpractices would result in your account being restricted. 

Additional Terms

Returns

Please check the items at the point of delivery.  If there are any damages items can be returned at the point of delivery.  Wowzabid does not take any responsibility for any damages after the item has been delivered as all items are carefully packed and packaged to ensure it is delivered in an impeccable state.

All functional faults/issues with electronic issues should be reported to the relevant manufacturer.  Wowzabid does not take any responsibility for any functional faults/issues.

Wowzerbid will refund the winning bid price for all accepted returned items.

If an item bid is cancelled, Wowzabid will reimburse you the bid credits that you have lost.  you authorise Wowzabid to request PayPal to reverse the refund amount (in same or other currency) from the seller’s PayPal account, to the buyer. See our Cancellation Policy for more details.

Wowzabid Money Back Guarantee

Most Wowzabid sales go smoothly, but if there’s a problem with a purchase, the Wowzabid Money Back Guarantee gives bidders confidence that we will resolve all issues. The Wowzabid Money Back Guarantee policy is part of this User Agreement and incorporated by reference. You agree to comply with the policy and permit us to make a final decision on any case.

We may suspend the Wowzabid Money Back Guarantee policy without notice if we suspect abuse or interference with the proper working of the policy.

Delivery options

Wowzabid rapid delivery, delivers your item to direct to you.

We may add certain delivery options to your listings, in order to help improve bidders experience. For items that are eligible, we may choose to make items Bid & Collect at authorised locations available as a delivery option.

Winning bidders will be required to provide the required Wowzabid and National Identifications on receipt of their delivered item.  Failure to show the required information will make you ineligible to receive the item.  A consequence of an item being undeliverable or unidentifiable, the item will be reassigned to the next bidder or given to charity.  No refund will be given for undelivered or unidentified items.


Liability

We try to keep Wowzabid and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Wowzabid's Services may not occur in real time. Such functionality is subject to delays beyond Wowzabid's control.

We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

  • your use of or your inability to use our Services;
  • pricing, postage or other guidance provided by Wowzabid;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing, or linking to, our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any Wowzabid Service;
  • the content, actions, or inactions of third parties
  • a suspension or other action taken with respect to your account or breach of the Abusing Wowzabid section;

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you bid for on our sites.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Wowzabid cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under Wowzabid Money Back Guarantee up to the price the item sold for on Wowzabid and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or up to (c) N100000.

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

Compensation

You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of Wowzabid's Services or your breach of any law or the rights of a third party.


Legal Disputes

If a dispute arises between you and Wowzabid, we strongly encourage you to first contact us directly to seek a resolution by info@wowzabid.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of Nigeria. You and Wowzabid both agree to submit to the non-exclusive jurisdiction of the Nigerian Courts.

In simple terms, "non-exclusive jurisdiction of the Nigerian courts" means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in Nigeria, but you may also elect to bring a claim in the court of another country instead. Nigerian law will apply in all cases.

General

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

We may amend this User Agreement at any time by email,or by posting the amended terms on www.wowzabid.com. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.

This User Agreement may not be otherwise amended except through mutual agreement by you and an Wowzabid representative authorised to do so.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Wowzabid site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

Wowzabid's Validation (WV) programme works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our WV team through our WV Programme and we will investigate.

The User Agreement, the Wowzabid User Privacy Notice and all polices posted on our site are the entire agreement between you and Wowzabid and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content, Liability, Compensation, Legal disputes  and the release contained in this General section. Legal notices shall be served via email to legal@wowzabid.com. We shall send notices to you by email to the email address you provide to Wowzabid during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by email shall be deemed to have been received by that party 1 day after the date of email was sent.


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