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    Conditions of Use

     

    GENERAL TERMS AND CONDITIONS FOR THE CONSUMERS

    1. PRODUCTS, QUANTITIES AND PRICING

    Prices of products must be in Naira and any other foreign currency which includes shipping fees and taxes, now or hereafter enacted, applicable to the Products.

    With regard to Custom Products, the Company may deliver the quantity of products ordered at an additional charge of ten percent (10%) or more than the normal charge of any of the ordered lines of items.

    2. PAYMENT

    The consumer agrees to make payment of products selected on the company’s platform, tax and shipping fees inclusive. Alternatively, the consumer has the option to make payment of selected product(s)through his E-wallet.

    3. GIFTS AND DISCOUNT VOUCHERS

    Agohmarket Consumer is at liberty to refer consumers to the platform. Such referrals made by the consumer earns him a gift or discount vouchers.

    4. DELIVERY AND QUANTITIES                             

    a. Products shall be delivered in the state of dispatch or other facility designated by the company unless otherwise agreed in writing between the company and the Consumer. Delivery of purchased products is between 5-7 days, and the company shall not be liable for, nor shall Company be in breach of its obligations to Consumer, because of any delivery made within a reasonable time before or after the stated delivery date. Company agrees to use commercially reasonable efforts to meet the delivery date on the condition that the Consumer provides all necessary order and delivery information sufficiently prior to the agreed delivery date.

     

    b. In the event Consumer contests delivery, Consumer must request a proof of delivery from the company within three (3) days after the deemed delivery date, otherwise delivery shall be deemed completed.

     

    c. Consumer shall immediately give the company oral/written notice of failure to deliver and three (3) days within which to cure any defects.

    d. Title in the Products shall pass to the Consumer upon payment in full of the purchase of products. 

    e. In the event of shortage of the selected products, the Company may allocate its available Products to the consumer and as a result may sell and deliver to the consumer fewer Products than the quantity specified by the Consumer.

    5. DELIVERY CONFIRMATION/PROOF OF PURCHASE OF THE GOODS

    The consumer SHALL append his signature on the delivery confirmation form (delivery note) to confirm receipt of goods. In the absence of the consumer he SHALL authorize a third party to receive the said goods and sign on his behalf. This third party SHALL show an order receipt upon delivery of the goods as a proof that the customer has authorized him to receive the goods on his behalf. The customer is responsible for confirming that what he ordered was what he got.

    The consumer would hold the company harmless and be personally liable for any loss incurred by the third party in the process of receipt of goods delivered.

    Actual Delivery of the goods ordered by the customer would be delivered once, at the customers address. If the customer fails to pick up goods at the date, time and designated address of delivery, his goods would be taken back to our office. Demurrage starts to count on the goods for failure to pick up after the agreed date of delivery.

    6. RESCHEDULING AND CANCELLATION

     No product order and delivery may be rescheduled or cancelled without the Company’s authorization.   Such rescheduling and cancellation attracts a cost of 2% of the total price of the products.

    7. FORCE MAJEURE

    Company shall not be liable for any failure or delay in performance if caused by circumstances beyond the company’s control.

     

    8. LIMITED WARRANTY AND DISCLAIMER

    a. The vendor will provide out-of-warranty service to the company and its Affiliates at commercially reasonable prices for a period of One (1) year after the last date of manufacture of the goods and a period of 1 month after the purchase of the Farm produce.

    b. All custom-made shall be delivered AS IS WITHOUT WARRANTY OF ANY KIND.

     

     9. INDEMNITY

     Consumer holds the company harmless from liabilities arising from transactions on the website.

    10. LIMITATION OF LIABILITY

    a. Consumer must provide notice to the Company of any claim that the Consumer has under these Terms and Conditions within fourteen (14) days of the date that the claim arises, and any lawsuit relative to any claim must be filed within one (1) month of the date of notice to Company of the claim. Consumer agrees that any claim noticed or filed outside of the deadlines set forth in the preceding sentence are deemed waived.

     b. The limitations and exclusions set forth above shall only apply to the extent permitted by applicable mandatory law.

    11. CONFIDENTIALITY

    Consumer shall not disclose company’s confidential information to any third party and shall not use any such confidential information for any purpose other than as agreed by the parties and in conformance with the purchase transactions contemplated herein.

     

    12. GOVERNING LAW AND FORUM

    These Terms and Conditions, are governed by the laws of the Federal Republic of Nigeria. All disputes arising out of or in connection with these Terms and Conditions, are initially settled, through negotiation in good faith and a spirit of mutual co-operation, if it fails, then the parties shall resolve the dispute through Arbitration, mediation and conciliation. If arbitration fails the disputes shall be submitted to the competent Court of Justice in Nigeria.

     

    13. BREACH AND TERMINATION

    Company terminates agreement with the consumer if:

    a. Consumer fails to accept delivered products;

    b. Consumer violates or breaches any of the provisions of these Terms and Conditions and/or the Agreement.

    14.  DISCONTINUATION OF PRODUCT

    The company reserves the right to discontinue the sale of Products at any time, however the consumer must be properly notified.

     

    15. ATTORNEYS' FEES

    Should a dispute arise from the subject matter of this Agreement, or these Terms and Conditions, the prevailing party in any resulting litigation shall be reimbursed by the other party for any and all reasonable attorneys' fees and expenses incurred.

     

    GENERAL TERMS AND CONDITIONS FOR AGOHMARKET VENDORS

                                                                                                                                       

    1. AGREEMENT.

    These general terms and conditions  (“Terms and Conditions”) shall govern and form an integral part of all agreements entered into and for all Agro-produce displayed by the vendors on the Company’s (AGOHMARKET INVESTMENT LTD.) website to make sales for themselves and on behalf of the company. Vendor (is referred to as "Manufacturer, Supplier, Wholesaler, Farmer, Outgrower, Retailer"). As used herein, the term "goods" shall include Agro produce and groceries.

    2. TIMING, CHARGES, REPORTING, AND RIGHT TO AUDIT.

    Time is of the essence for the purposes of the vendor’s obligations under the Agreement. In the event vendor for any reason anticipates any difficulty in complying with the availability of products by the company or otherwise in accordance with any requirement of the Agreement, the Vendor shall promptly notify the company’s Development Officer, Location Officer, or the Field Extension Officer.

    3. WARRANTIES.

    The vendor will provide out-of-warranty service to the company and its Affiliates at commercially reasonable prices for a period of One (1) year after the last date of manufacture of the goods and a period of 1 month after the purchase of the Farm produce.

    4. EPIDEMIC DEFECTS.

    Vendor confirms that his products are free from any form of epidemic defects.

                                                                                                                                 

    1. PAYMENT.

    Subject to the acceptance of the goods by the Company, the Development Officers, Location Officer and/or the Field Extension Officer confirms the quality and quantity of products before payment is made to the vendor.

     

    1. COMMISSION

    The company is entitled to a 5% commission for any sale or subsequent sell of the product(s) made on the company’s website by a vendor. The vendor agrees that this commission is subject to modification at any time the company decides.Subsequent upload, editing, and removal of the number of items/products displayed by the vendor on agohmarket platform attracts an additional penalty of 1% for every subsequent number of items displayed or removed from agohmarket platform.

    7. INSPECTION

    The Company shall have the right to inspect the goods at all times and places. Payment, inspection, or acceptance of any goods by the Company shall not relieve the vendor of any of its obligations under the Agreement, nor shall it constitute acceptance or approval of any goods or constitute or operate as a waiver of any defect, non-conformity, or any rights or remedies available under the Agreement or at law.

    8. DOCUMENTATIONS

    To qualify as an Agohmarket vendor; the company shall be furnished with these documents; a Government Issued ID Card and a Proof of address.

     

    9. CONFIDENTIAL INFORMATION.

    Vendor shall not use the name, logo, trademark, or any other reference to the Company, either direct or indirect, in press releases, advertisements, sales literature or other publications and shall not disclose the existence or the terms and conditions of the Agreement, without the prior authorization of the company.

    10. INDEMNIFICATION.                                                                                                

    Without prejudice to any other right or remedy available to the consumer under the Agreement or at law, the vendor shall indemnify and hold the consumer and company, harmless from and against all liabilities, claims, suits, losses, damages, costs and expenses (including reasonable attorney’s fees), whether direct or indirect, arising from or relating to quantity, quality and delivery of goods or a third party’s claim arguing that this constitutes infringement, violation or misappropriation of any intellectual property right or another proprietary right of a third party.

     

    11. TERMINATION.

    The Company may terminate all or any part of its obligations under any Agreement to accept goods at any time for its convenience upon written notice through e-mails or text message and/or phone call to the vendor or through the Company’s Development Officer, Location Officer an Field Extension Officer. If vendor fails to comply with any obligations of the Agreement, vendor shall be in default without further notice being required.

     

    12. COMPLIANCE WITH LAW.

    Vendor represents and warrants to the Company that the goods will and have been designed, manufactured and delivered and/or the services will and have been performed in compliance with all applicable laws and regulations (including, without limitation, Consumer protection Laws, environmental, health and safety laws and regulations and any Company’s policies or guidelines on the environment from time to time).

    13. INTELLECTUAL PROPERTY/USE OF TRADEMARKS, TRADENAMES.

    Vendor shall not have nor obtain any, rights, title or interest in or to any Company’s owned trademarks, trade names or patent without the prior authorization and License of the Company. The vendor agrees that the company will not be liable to damages for uploading his goods on our website using another company’s trademark or Logo or patent as the case may be.

    14. SUBCONTRACTING AND ASSIGNMENT

    Vendor shall not subcontract, transfer or assign any of its rights and obligations under the Agreement to any third party or any of its affiliates without the prior written consent of the Company.

     

    15. GOVERNING LAW AND DISPUTE RESOLUTION.

    The Agreement shall be governed by the laws of Nigeria. All disputes arising out of or in connection with the Agreement shall first be attempted by Vendor and the Company to be settled through negotiation in good faith and a spirit of mutual cooperation, if it fails, then the parties shall resolve the dispute through arbitration, mediation, and conciliation. If arbitration fails the disputes shall be submitted to the competent Court of Justice in Nigeria.

     

    16. ATTORNEYS' FEES

    Should a dispute arise from the subject matter of this Agreement, or these Terms and Conditions, the prevailing party in any resulting litigation shall be reimbursed by the other party for any and all reasonable attorneys' fees and expenses incurred.

     

    17. SEVERABILITY.

    In the event that any provision(s) of the Agreement or these Terms and Conditions shall be held invalid or unenforceable by a court of competent jurisdiction or by any future legislative or administrative action, such holding or action shall not negate the validity or enforceability of any other provisions hereof.

     

     

    GENERAL TERMS AND CONDITIONS FOR AGOHMARKET AGENTS.

    1. AGREEMENT.

    These general terms and conditions shall govern the agohmarket agents and shall form an integral part of all agreements entered into and for all referrals made. As used herein, the term "goods" shall include Agro produce and groceries.

    The company shall notify the agent of any subsequent changes in these terms and conditions.

    2. COMMISSION

    It is only when the transaction is successfully completed without any form of controversy that the Agent’s fees are right for payment.

    Agohmarket Agents are entitled to a commission based on referral only.

    Also, for the first purchase , the Agent is only entitled to 2% of thetotal amount paid by the consumer for the goods and services. No referral, No commission.

    3. CONFIDENTIAL INFORMATION.

    Agent agrees to treat as confidential and to use only for the purposes of the Agreement all information, including but not limited to technical and commercial information, which is provided “as is” in whatever form or medium by or on behalf of the company and of its Affiliates and not to transfer, publish, disclose or otherwise make such information or any portion thereof to any third party without the company’s prior written consent. All information shall remain the company’s property and no licenses or rights are granted in any such information and agentshall, upon the company’s demand, promptly return to company or destroy all such materials and information, not retaining any copies thereof, upon the company’s demand. Agent shall not use the name, logo, trademark, or any other reference to the Company, either direct or indirect, in press releases, advertisements, or other publications and shall not disclose the existence or the terms and conditions of the Agreement, without the prior written consent of the company.

    4. INTELLECTUAL PROPERTY RIGHTS.

    Agent agrees that any information, know-how, specifications, designs, concepts, techniques, developments, inventions, technologies and other work products generated or developed in the course of work performed under the Agreement and any intellectual property and other proprietary rights therein shall vest in the company. Agent assigns or shall cause to be assigned to the company all rights, title and interest to any and all such items and rights and to do everything necessary to perfect such rights and to protect the company’s interest herein. Agent shall inform any third party(ies) who might seek recourse thereon of Company’s proprietary rights; agent shall immediately inform the company of such an event.

     

    5. COMPLIANCE WITH LAW.

    The Agents are bound to comply with the company’s rules and regulations and abide by the terms and conditions contained herein.

     

    6. USE OF TRADEMARKS, TRADENAMES.

    Agent shall use any trademark, tradename or other indication in relation to the goods, whether owned by the Company and/or its Affiliates, agent or any third party, only in accordance with company’s instructions or prior written approval and solely for the purposes expressly specified by the company in writing.

    7. NO WAIVER         

    No waiver by the company of any breach of any condition, or term of the Agreement shall be effective unless it is in writing and no failure or delay by the Company in enforcing any provision of the Agreement or in exercising any right, power or privilege hereunder shall operate as a waiver thereof.

    8. GOVERNING LAW AND DISPUTE RESOLUTION.

    The Agreement shall be governed by the laws of Nigeria. All disputes arising out of or in connection with the Agreement shall first be attempted by Agent and the company to be settled through consultation and negotiation in good faith and a spirit of mutual cooperation, if it fails, then the parties shall resolve the dispute through arbitration, mediation and conciliation. If arbitration fails the disputes shall be submitted to a Court of competent Jurisdiction in Nigeria.

    9. ATTORNEYS' FEES

    Should a dispute arise between the company and the agent, the prevailing party in any resulting litigation shall be reimbursed by the other party for any and all reasonable attorneys' fees and expenses incurred.   

    10. SEVERABILITY.

    In the event that any provision(s) of the Agreement or these Terms and Conditions shall be held invalid or unenforceable by a court of competent jurisdiction or by any future legislative or administrative action, such holding, or action shall not negate the validity or enforceability of any other provisions herein.