Welcome to the BuySimply Platform (“BuySimply” or the “Platform”)

These Terms of Use (Terms or Agreement) set out the terms and conditions and constitute a legally binding agreement between the Users and BuySimply Services Limited (the Company) governing your access to and use of the BuySimply website, mobile applications, all associated services and other portals owned, operated, branded or made available by BuySimply from time to time. The Users in these Terms are referred to as “you”, “your”, “Buyer”, or “User” ( as person, corporate entity or designate of a corporate entity interacting with the Platform or using or services) hereinafter; and BuySimply and/or the Company is referred to as “we”, “our” or “BuySimply hereinafter.

The Platform is owned and operated by the Company. BuySimply is an eProcurement platform that allows its Users manage their end-to-end procurement processes with their suppliers, and source new suppliers from local and international marketplaces simply and efficiently online, reducing physical paper processes and corporate bureaucracy.

This Agreement sets out your rights and responsibilities when you use BuySimply, our mobile apps and other services provided by BuySimply (collectively referred to as “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you are agreeing to the Terms and that you will comply with all applicable laws and regulations when accessing or using our Services. If you do not agree with the Terms, you may not use our Services.

We are concerned about your personal information as much as you are. Please review our Privacy Policy on our website, which also governs your use of our Services, to understand our practices. By using our Services, you are also agreeing that we can process your information as described in our Privacy Policy.

BuySimply, and Sellers (includes marketplaces, and other entities that sells Products (Digital and Physical) and Services to users of BuySimply) process buyer’s personal information and therefore are separate and independent data controllers of buyer’s personal information. As a result, each party is responsible for the personal information it processes in providing the Services.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to the provisions of this Agreement.

You may need to create an account with Buy Simply to use some of our Services, and you may be required to be logged in to your account with a unique password, provide your physical address and provide a valid payment method associated with your account to use our wallet services.

Although Order placement is made on the BuySimply platform, BuySimply only facilitates order placement on these marketplaces, the actual product delivered, delivery status and time are completely managed by the respective marketplace and suppliers. Once the User concludes the order, BuySimply facilitates the payment to the respective marketplace or supplier.

You are responsible for maintaining the confidentiality of your account and password and for restricting of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
You must be 18 years or older to use our Services.

In connection with using or accessing our Services, you will not:

• Breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
• Fail to pay for items purchased by you or your Company, unless you have a valid reason as set out in aBuySimply policy, for example, the Seller has delivered the wrong item;
• Take any action that may undermine the feedback or ratings systems;
• Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to collect data or other content from BuySimply or access our Services for any purpose, except with the prior express permission of BuySimply;
• Interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• 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 BuySimply. 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 BuySimply or someone else;
• Circumvent any technical measures used to provide the Services; or
• Violate or infringe anyone else’s rights.

  No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Through our website, BuySimply provides an electronic web-based procurement platform for Users to place, conclude, manage, pay for and ship orders for the provision of products online via several integrated marketplaces and vendors/suppliers available within our website. However, for any Services, BuySimply does not represent either the Seller or the buyer in specific transactions. BuySimply does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on our website, the ability of the sellers to complete a sale or the ability of Users to complete a purchase. BuySimply only facilitates order placement on these marketplaces and does not guarantee the actual product delivered, delivery status and time. All accounts created within the platform are for the sole purpose of funding the BuySimply Platform for purchases.

The actual Contract of Sale is directly between the Seller and the user. Any guidance we provide as part of our Services, such as pricing, payments support, shipping, listing, and sourcing are support services to aid the ease of procurement for the User.

Also, while we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of marketplaces/vendors/suppliers (“Sellers”) content or listings; the ability of Sellers to sell items; or that a Seller will actually complete a transaction or return an item.

Users are hereby made aware that there may be risks of dealing with people acting under false pretences. BuySimply uses several techniques to verify the accuracy of certain information Sellers provide us when they register on our website. However, because user verification on the Internet is difficult, BuySimply cannot and does not confirm each Seller’s purported identity. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.

Buyers accessing or using our website or Services shall assume the risks of conducting any purchase and sale transactions in connection with or through our website or Services. Buyer accessing or using our website or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products that are the subject of the transactions on our website. Examples of such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on our website may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through our website or Services. All of the foregoing risks are referred to as “Transaction Risks”. BuySimply is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.

Buyers on our website are solely responsible for setting out the terms and conditions of the procurement transactions conducted on, through or as a result of use of our website or Services, including, without limitation, terms regarding payment amount, number of items and shipping.

User agrees to provide all information and materials as may be reasonably required by BuySimply in connection with your transactions conducted on, through or as a result of use of our website or Services.

When buying an item for sale on BuySimply, you agree to the following:

• You will carry out your due diligence on the seller you are transacting with
• You are responsible for the quality of the product that you are purchasing; you are responsible for reading the full item listing before making a commitment to buy;
• You enter into a legally binding contract to purchase an item when you commit to buy an item, or if your purchase is being processed,
• We do not transfer legal ownership of items from the seller to the buyer.
• Your requested purchase may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). BuySimply can’t guarantee exact goods and services available in the platform
• Procurement of goods or services that violates any of BuySimply’s policies may be deleted at BuySimply’s discretion;
• 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, detailed seller ratings, BuySimply policy compliance, Feedback, and defect rate; and
  • Number of listings matching the buyer’s query,
• To drive a positive user experience, a listing may not appear in some search regardless of the sort order chosen by the buyer;
• Users will be informed of some advanced listing upgrades on certain Services,

You represent and warrant that you have the right access profile for your entity. You warrant that when you authorize an order, payment or any other form of approval, you have been given the authority to do this on behalf of the organization you represent. You are liable to the organization for any action done on their business account.

Please note that marketplaces/vendors/suppliers may refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by us If your order is cancelled successfully after your wallet (or other payment account) has been charged, we will issue a credit to your wallet (or other applicable payment account) in the amount of required for your purchase There shall be a deduction of transaction fees depending on the type of transaction, which may have a non-refund policy. We will attempt to contact you if all or any portion of your order is cancelled, unavailable, out of stock or if additional information is required to accept your order.

By confirming the purchase, you agree to accept and pay for the Products; digital or otherwise, as well as all shipping and handling charges, applicable taxes, customs and government levies (as applicable) and BuySimply’s fees. Where you opt to use BuySimply’s wallet services to manage the payments for your purchases on the Platform, you authorize BuySimply to debit your wallet to pay for your purchases and BuySimply fees upon conclusion of your order. Please note that while amounts debited for purchases may be refundable if you are able to cancel your order successfully, BuySimply fees may not. Up until the point of purchase, all deposits in the BuySimply wallets are custodied in NDIC insured Banks and managed by licensed third parties.

BuySimply reserves the right, at our sole discretion, to prohibit sales to resellers.

Products will be delivered to an address designated by you, if applicable, so long as such address is complete and accurate. Note that not all Sellers have the capability to deliver across Nigeria or outside Nigeria.

Sellers typically deliver physical goods within the advertised time periods set out in their terms and conditions – typically on their websites; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure of a Seller to deliver the products within the estimated time.

Delivery of Digital goods in usually within minutes of processing. However, delays may ensure. You may contact us if the delay exceeds 24 hours.

Sellers have rules to automate replacements, returns, and refunds under certain circumstances. BuySimply’s Returns Policy is dependent on Seller-own rules as BuySimply can only facilitate returns of products within the spectrum of the Seller’s rules. You agree to comply with our Seller’s Returns Policy.

You may terminate your account with BuySimply at any time by contacting BuySimply customer care at help@buysimply.com Terminating your account will not affect your already accrued obligations prior to termination including payment of any outstanding bills.

We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to buy on our websites or mobile apps. BuySimply may refuse service to anyone, at any time, for any reason. However, we will do our best to notify you as soon as possible of the state of your account, the reason for the suspension/termination (if possible), and actions to ensure reinstatement (where applicable). If you or BuySimply terminate your account, you may lose access to information associated with your account.
BuySimply reserves the right to change, suspend, or discontinue any of its Services at any time, for any reason. We will not be liable to you for the effect that any changes, suspension, discontinuance or termination of the Services may have on you.

However, we will try our best efforts to notify our Users. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

• Rectify inaccurate personal data provided to us.
• Restrict the processing of your personal data, provided that we might continue to process your data where there are valid legal, regulatory or operational reasons to do so.
• Request the deletion of your personal data, provided that we may continue to retain such personal data where there are valid legal, regulatory or operational reasons to do so.
• Provide a supplementary statement to have your incomplete data completed.
• To request that your personal data be made available to you and transmission of your personal data to another Company, where technically feasible.

All content included in or made available through any BuySimply website and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of BuySimply or its content suppliers and protected by Nigerian and international copyright laws. The compilation of all content included in or made available through any BuySimply and Services website is the exclusive property of BuySimply and protected by Nigerian and international copyright laws.

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any BuySimply website and Services are trademarks of BuySimply in Nigeria and other countries. BuySimply’s trademarks may not be used in connection with any product or service that is not BuySimply’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BuySimply. All other trademarks not owned by BuySimply that appear in any BuySimply website and Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BuySimply.

Patents owned by BuySimply may apply to the BuySimply website and Services and to the features and services accessible via the BuySimply website and Services. Portions of the BuySimply website and Services operate under license of one or more patents.

All rights not expressly granted to you in these Terms of Use are reserved and retained by BuySimply or its licensors, suppliers, publishers, rightsholders, or other content providers. No BuySimply website and Services, nor any part of any BuySimply website and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BuySimply. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BuySimply without express written consent. You may not use any meta tags or any other “hidden text” utilizing BuySimply’s name or trademarks without the express written consent of BuySimply. You may not misuse the BuySimply website and Services. You may use the BuySimply website and Services only as permitted by law. The licenses granted by BuySimply terminate if you do not comply with these Terms of Use.

BuySimply respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please send an email to us help@buysimply.app for making a claim of copyright infringement provided for below.

You understand that BuySimply does not manufacture, store, or inspect any of the items sold through our Services. While we provide access to the Platform and Services; the items in our marketplaces are produced, listed, and sold directly by independent sellers. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release BuySimply from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. BuySimply is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

You can use the Services to interact with other individuals or companies, either online or in person who may have performed similar transaction to yours. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users.

Our Services may contain links to third-party websites or services that we do not own or control. You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. BuySimply is not a party to those agreements; they are solely between you and the third party.

BuySimply is dedicated to making our Services the best they can be. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that: the Services will be secure or available at any particular time or location; any defects or errors will be corrected; the services will be free of viruses or other harmful materials; or the results of using the services will meet your expectations. You use the services solely at your own risk.

To the fullest extent permitted by law, neither BuySimply, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these terms. In no event shall BuySimply’s aggregate liability for any damages exceed the greater of One Hundred Thousand Naira (₦100,000) or the amount you paid BuySimply in the past twelve months.If you have a dispute with one or more Sellers, 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. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of BuySimply’s Services or your breach of any law or the rights of a third party.

You agree that this Agreement shall be construed and governed by the laws of the Federal Republic of Nigeria.
Where you and Sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps, BuySimply will attempt to help resolve such disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. BuySimply has no obligation to resolve any disputes. You release BuySimply from any claims, demands, or compensation and damages arising out of disputes with other users or parties.

You and BuySimply agree that any dispute or claim arising from or relating to the Terms shall be resolved by final and binding arbitration. The arbitration shall be conducted before a single arbitrator held in Lagos, Nigeria in English and governed by Nigerian law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, BuySimply reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

If you have any complaints with respect to the Services, kindly write to the following address: BuySimply Services Limited Plot 1038b, Ologun Agbaje, Victoria Island, Lagos, Nigeria.
We request that you provide all the necessary information on the transaction to verify your complaint:

Under no circumstances shall BuySimply be held liable for any delay or failure or disruption of the Services accessed or delivered through our website 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, endemics, epidemics, pandemic, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

If any provision or terms of this Agreement is found to be void, invalid, illegal or unenforceable, such provision shall be severed from this Agreement to the extent of such invalidity or unenforceability. The other terms and provisions of this Agreement shall however, remain in full force and effect as if this Agreement had been entered into without the offending provision appearing in it.

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 Agreement.

The Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and BuySimply, and supersede all prior understandings and agreements of the parties.

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.