Welcome to the Firstchecker.com website (the "Site"). These terms & conditions ("Terms and Conditions") apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.
By using the
Site with or without a registered
account, regardless of how you access or use it, including but not limited to
use through mobile devices, you are accepting the terms of this Terms and
Conditions and any applicable guidelines posted on the Site.
For the purposes of this website, "seller", "we", "us" and "our" all refer Firstcheckers.com.
The Site reserves the right, to change, modify, add, or remove portions of both the Terms and Conditions of Use and the Terms and Conditions of Sale at any time and such changes will be effective when posted on the Site with no other notice to the Users.
check these Terms and Conditions regularly for updates and any form of
amendments. Your continued use of the Site following the posting of changes to
these Terms and Conditions constitutes your acceptance of those changes.
Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification.
to use the Site, you are indicating your acceptance to be bound by the amended
Terms and Conditions. These Terms and Conditions fully govern the use of this
website. No extrinsic evidence, whether oral or written, will be incorporated.
For the registration of account on the Site, you shall provide necessary veridical and current information for the purpose of generation of user account, which includes users unique login(email address or user name), and a password as well as surname and name(s). We may require the user to provide additional detailed information for the creation of the user account on the Site. You may be required to log in to the account and have a valid payment method associated with it. If we have any problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are however responsible for maintaining the confidentiality of your account and password, and also for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account and password.
The Site is a marketplace that allows users to offer, sell by posting and buy just about anything in a variety of pricing formats and location. The actual contract for sale is directly between users. We are not by any manner whatsoever and howsoever a party to the transaction, but only provides a communication trade platform for the posting of varieties of goods and or properties. We therefore do not have any control nor guarantee the existence, quality, safety, form or legality of items advertised and posted on the Site, the truth and accuracy of users content or listing, the sellers ability to sell the items; the ability of the buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
We do not pursue actions focused on checking of the items posted by users and expressly disclaimed all responsibilities in relation to any items posted by users.
Use of the Site
that you are at least 18 years of age or are accessing the Site under the
supervision of a parent or legal guardian.
Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use.
If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.
that if you are unsure of the meaning of any part of the Terms and Conditions,
you will not hesitate to contact us for clarification prior to making a
These Terms and Conditions of Sale fully govern the sale of goods and services purchased on this Site.
We grant you a limited, non-transferable, non- exclusive, non-sub licensable license, revocable license to access and make personal and non-transferable commercial use of the Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for personal items sold on the site, gathering prior information regarding posted products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.
Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
FORMATION OF CONTRACT
agree that browsing the website and gathering information regarding the
services provided by the seller does not constitute an offer to sell, but
merely an invitation to treat. The parties accept that an offer is only made
once you have selected the item you intend to purchase, chosen your preferred
payment method, proceeded to the checkout and completed the checkout process.
Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when the selected goods/items is dispatch to you and inform you either by email or by phone of the dispatch of your ordered product. Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.
When you open a user account, transact on the Site or send emails, texts messages and other communications from your desktop or mobile phones device to us, you may be communicating with us electronically. You consent to receive communication from us electronically, such as emails, texts, mobile push notice, or notices and messages on this Site.
You may keep copies of such communications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication must be in writing.
PAYMENT AND PRICING
determined to provide the most accurate pricing information on the Site to our
users; however, errors may still occur, such as cases when the price of an item
is not displayed correctly on the website or due to some technical errors. As
such, the seller reserves the right to refuse or cancel any order. In the event
that an item is mispriced, the seller may at his own discretion, either contact
you for instructions or cancel your order and notify you of such cancellation.
We shall also have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
Feel free to check our payments methods here.
Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site 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.
The Use of
such material will only be permitted as expressly authorized by us or our
Any unauthorized use of the material and content of this website is strictly prohibited and you agree not to, facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
USER SUBMISSIONS / REVIEWS / COMMENTS / COMMUNICATIONS AND OTHER CONTENTS
you submit to the Site and/or provide to us, including but not limited to,
photos, videos, questions, reviews, comments, suggestions (collectively,
"Submissions") and other content will become our sole and exclusive
property and shall not be returned you, so long as the content is not illegal,
obscene threatening, defamatory, invasive of privacy, infringing of any
intellectual property rights or otherwise injurious to third or objectionable, or does not consist of or
contain software virus, political campaigning, commercial solicitation, mass
mailing or any form of spam or unsolicited commercial electronic message.
INFORMATION AVAILABLE ON WEBSITE
that the information contained in this website is provided as is, where is, and
it is intended for information purposes only and also 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.
Product representations expressed on this Site are those of the sellers and are not made by us.
or opinions expressed on this Site are those of the individual posting such
content and does not reflect our opinions.
We make no representations as to the merchantability of any product 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 and/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
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.
LINKS AND THIRDS PARTY WEBSITES
include links to third party websites at any time. However, the existence of a
link to another website should not be consider as an affiliation or a
partnership with a third party or viewed as an endorsement of a particular
website unless explicitly stated otherwise.
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.
LIABILITY OF PARTIES ON THE FIRSTCHECKER MARKETPLACE
We operate a
marketplace which is open for third-parties to sell their products on our
website. None of the products listed on the firstchecker Marketplace are owned
or sold by us, neither are we involved in the actual sale transaction between
the buyers and sellers on the firstchecker Marketplace.
The buyer and seller agree that we would be held free from any liability in contract, pre-contract or other representations in tort, for all transactions conducted on the firstchecker Marketplace.
With relation to the delivery of goods purchased from the firstchecker marketplace, an independent delivery service referred to as the dispatch will be responsible for the prompt delivery of all products to customers within Nigeria which is purchased from the sellers stall on the site.
Policy is as contained in the document titled Return Policy on our Site.
Check it here.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Use shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.
controversy, claim or dispute arising out of or relating to these Terms and
Conditions of Use will be referred to and finally settled by private and
confidential binding arbitration before a single arbitrator held in Nigeria in
English and governed by Nigeria 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, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
to any other legal or equitable remedies, we may, without prior notice to you,
immediately terminate the Terms and Conditions of Use or revoke any or all of
your rights granted under the Terms and Conditions of Use.
Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are not satisfied with any guidelines, rules and policies of this operating this site, your only remedy is to desist from the use of the site.
portion of these terms or conditions is held by any court or tribunal to be
invalid or unenforceable, either in whole or in part, then that part shall be
severed from these Terms and Conditions of Use and shall not affect the
validity or enforceability of any other section listed in this document.
that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.
NOTICE OF COPYRIGHT INFRINGEMENT
If you have
any complaints with respect to the infringement of your copyright, kindly write
to the following address:
Where you believe that your intellectual property has been infringed upon on our website, please notify us by email it to (insert physical address and email address for copyright complaints). We expeditiously respond to all concerns regarding copyright infringements.
We request that you provide the following information along with your complaint:
<![if !supportLists]>● <![endif]>A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work for the purposes of the complaint.
<![if !supportLists]>● <![endif]>A proper description of the copyrighted work claimed to have been infringed.
<![if !supportLists]>● <![endif]>A description of the location of the infringing material on our Website.
<![if !supportLists]>● <![endif]>The address, telephone number or e-mail address of the complaining party.
<![if !supportLists]>● <![endif]>A statement made by the complaining party that he has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or by law.
<![if !supportLists]>● <![endif]>A statement deposed to under oath, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the copyright owner. Please note that this procedure is exclusively for notifying firstchecker that your copyrighted material has been infringed.