Terms of use - Simplified Online Shopping

Customer Service

This document is an electronic record in terms of National Information Technology Development Agency Act, 2007 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the National Information Technology Development Agency Act, 2007. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Your use of the virgo.com.ng website www.virgo.com.ng (hereinafter referred to as “virgo.com.ng.”) and services and tools are governed by the following terms and conditions as applicable to virgo.com.ng. If you transact on virgo.com.ng, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with virgo.com.ng Online Shopping Limited, a company incorporated under Companies and Allied Matters Act, 1990 with registered office at Lagos, Nigeria and these terms and conditions constitute your binding obligations.

For the purpose of these terms of use, wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as a Registered User using the computer systems of virgo.com.ng.

When you use any of the services provided by virgo.com.ng, including but not limited to, (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. virgo.com.ng reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, virgo.com.ng grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING

Membership Eligibility

Use of the virgo.com.ng Website is available only to persons who can form legally binding contracts under Nigerian governing laws. If you are a minor i.e. under the age of 18 years, you shall not register as a member of virgo.com.ng and shall not transact or use virgo.com.ng website. As a minor if you wish to use or transact on virgo.com.ng, such use or transaction may be made by your legal guardian or parents who have registered as users of virgo.com.ng. virgo.com.ng reserves the right to terminate your membership and refuse to provide you with access to virgo.com.ng if it is brought to virgo.com.ng’s notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If you use virgo.com.ng, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete that virgo.com.ng has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, virgo.com.ng has the right to indefinitely suspend or terminate or block access of your membership with virgo.com.ng and refuse to provide you with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to virgo.com.ng, You agree and understand that You are communicating with virgo.com.ng through electronic records and You consent to receive communications via electronic records from virgo.com.ng periodically and as and when required. virgo.com.ng may communicate with You by email or by such other mode of communication, electronic or otherwise.

Charges

Membership on virgo.com.ng is free. virgo.com.ng does not charge any fee for browsing and buying on virgo.com.ng. However virgo.com.ng reserves the right to charge fee and change its policies from time to time. In particular, virgo.com.ng may at its sole discretion introduce new services and modify some or all of the existing services offered on virgo.com.ng. In such an event virgo.com.ng reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on virgo.com.ng. Unless otherwise stated, all fees shall be quoted in Nigerian Naira. You shall be solely responsible for compliance of all applicable laws including those in Nigeria for making payments to virgo.com.ng.

Use of virgo.com.ng Website www.virgo.com.ng

You agree, undertake and confirm that your use of virgo.com.ng shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information that:

(a) belongs to another person and to which You does not have any right to.

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” or misleading in any way.

(c) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(d) harasses or advocates harassment of another person;

(e) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;

(f) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(g) infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];

(h) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(i) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(j) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(l) contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
(m) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(n) engages in commercial activities and/or sales without virgo.com.ng’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Sites. Throughout this Terms of Use, virgo.com.ng “prior written consent” means a communication coming from virgo.com.ng Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
(o) solicits gambling or engages in any gambling activity which virgo.com.ng, in its sole discretion, believes is or could be construed as being illegal;

(p) interferes with another user’s use and enjoyment of virgo.com.ng Website or any other individual’s user and enjoyment of similar services;

(q) refers to any website or URL that, in the sole discretion of virgo.com.ng, contains material that is inappropriate for the virgo.com.ng Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
(r) harm minors in any way;

(s) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

(t) violates any law for the time being in force;

(u) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(v) impersonate another person;

(w) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(x) threatens the unity, integrity, defence, security or sovereignty of The Federal Republic of Nigeria, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(y) shall not be false, inaccurate or misleading;

(z) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(aa) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. virgo.com.ng reserves the right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of virgo.com.ng website, or any other systems or networks connected to virgo.com.ng Website or to any virgo.com.ng’s server, computer, network, or to any of the services offered on or through virgo.com.ng Website, by hacking, password “mining” or any other illegitimate means.

You shall not probe, scan or test the vulnerability of virgo.com.ng website or any network connected to virgo.com.ng website nor breach the security or authentication measures on virgo.com.ng website or any network connected to virgo.com.ng Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to virgo.com.ng Website, or any other customer of virgo.com.ng, including any virgo.com.ng account not owned by you, to its source, or exploit virgo.com.ng Website or any service or information made available or offered by or through virgo.com.ng Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by virgo.com.ng Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of virgo.com.ng Website or virgo.com.ng’s systems or networks, or any systems or networks connected to virgo.com.ng.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to virgo.com.ng on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of virgo.com.ng or others.

Solely to enable virgo.com.ng to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. virgo.com.ng will only use Your Information in accordance with the terms of use and virgo.com.ng’s Privacy Policy.

From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.

You shall not engage in advertising to, or solicitation of, other users of virgo.com.ng to buy or sell any products or services, including, but not limited to, products or services related being displayed on virgo.com.ng or related to virgo.com.ng. You may not transmit any chain letters or unsolicited commercial or junk email to other users via virgo.com.ng. It shall be a violation of these Terms of Use to use any information obtained from virgo.com.ng in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of virgo.com.ng without virgo.com.ng’s prior explicit consent. In order to protect our users from such advertising or solicitation, virgo.com.ng reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which virgo.com.ng deems appropriate in its sole discretion.12. You understand that virgo.com.ng has the right at all times to disclose any information (including the identity of the persons providing information or materials on the virgo.com.ng Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

virgo.com.ng reserves the right, but has no obligation, to monitor the materials posted on virgo.com.ng website. virgo.com.ng shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of virgo.com.ng, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE virgo.com.ng WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect the views of virgo.com.ng. In no event shall virgo.com.ng assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on virgo.com.ng. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through virgo.com.ng, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. virgo.com.ng shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on virgo.com.ng.

It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on virgo.com.ng and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of virgo.com.ng, and that the recipient may use such information to harass or injure you. virgo.com.ng does not approve of such unauthorized uses but by using the virgo.com.ng Website you acknowledge and agree that virgo.com.ng is not responsible for the use of any personal information that you publicly disclose or share with others on virgo.com.ng. Please carefully select the type of information that you publicly disclose or share with others on virgo.com.ng.

virgo.com.ng shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on virgo.com.ng is owned, controlled or licensed by or to virgo.com.ng, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of virgo.com.ng and no Content may be copied, reproduced, re-published, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without virgo.com.ng’s express prior written consent.

You may use information on virgo.com.ng products and services purposely made available by virgo.com.ng for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, “Content”). Such Content will become the property of virgo.com.ng and you grant virgo.com.ng the worldwide, perpetual and transferable rights in such Content. virgo.com.ng shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by virgo.com.ng, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

Other Businesses

virgo.com.ng does not take responsibility or liability for the actions, products, content and services on virgo.com.ng website, which are linked to Affiliates and / or third party websites using virgo.com.ng APIs or otherwise. In addition, virgo.com.ng may provide links to the third party websites of affiliated companies and certain other businesses for which, virgo.com.ng assumes no responsibility for examining or evaluating the products and services offered by them, and virgo.com.ng does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). virgo.com.ng does not in any way endorse any third party website(s) or content thereof

Links

virgo.com.ng welcomes links to this site. You may establish a hypertext link to virgo.com.ng website, provided that the link does not state or imply any sponsorship or endorsement of your site by virgo.com.ng. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on virgo.com.ng, including any logos or characters, without the express written consent of virgo.com.ng and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the virgo.com.ng website without virgo.com.ng’s prior written consent.

Privacy

We view the protection of Your privacy as a very important principle. We understand clearly that you and Your Personal Information are one of our most important assets. We store and process Your Information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and the rules there under. Our current Privacy Policy is available at Virgo Nigeria Privacy Policy. If you object to your Information being transferred or used in this way please do not use virgo.com.ng Website

MANDATORY DECLARATION – COMPUTERS

1. You hereby declare that you have provided all necessary Legal Delivery Details for the shipment of the product to the destination specified by you in the Order.

2. You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit. (What of those people who buy from us in bulk to resell? Does this mean they can’t from us?)

Disclaimer Of Warranties And Liability

This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on virgo.com.ng on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, virgo.com.ng does not warrant that:

• This website will be constantly available, or available at all; or

• The information on this website is complete, true, accurate or non-misleading.

virgo.com.ng will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, virgo.com.ng website.

virgo.com.ng does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through virgo.com.ng website; their servers; or electronic communication sent from virgo.com.ng are free of viruses or other harmful components.

Nothing on virgo.com.ng constitutes, or is meant to constitute, advice of any kind.

All the products sold on virgo.com.ng are governed by different state laws and if virgo.com.ng is unable to deliver such products due to implications of different state laws, virgo.com.ng will return or will give credit for the amount received by virgo.com.ng from the sale of such product, that could not be delivered to you.

You will be required to enter a valid phone number while placing an order on virgo.com.ng. By registering your phone number with us, you consent to be contacted by virgo.com.ng via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. virgo.com.ng will not use your personal information to initiate any promotional phone calls or SMS’.

Services

Payment

While availing any of the payment method/s offered at virgo.com.ng, virgo.com.ng will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

1. Lack of authorization for any transaction/s, or

2. Exceeding the preset limit mutually agreed by you and between your “Bank/s”, or

3. Any payment issues arising out of the transaction, or

4. Decline of transaction for any other reason/s.

All payments made against the purchases/services on virgo.com.ng by you shall be compulsorily in Nigerian Naira acceptable by the Central Bank of Nigeria. virgo.com.ng does not accept any other form of currency with respect to the purchases made on virgo.com.ng.

While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
1. lack of authorization for any transaction/s,
2. or exceeding the preset limit mutually agreed by you and between your “Bank/s”,
3. or any payment issues arising out of the transaction,
4. or decline of transaction for any other reason/s.

Breach

Without limiting other remedies, virgo.com.ng may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to virgo.com.ng website in the event, but not limited to:

1. If you breach the Terms of Use or Privacy Policy or other rules and policies, if any;

2. If virgo.com.ng is unable to verify or authenticate any information you provide; or

3. If it is believed that your actions may cause legal liability for you, other Users or virgo.com.ng. virgo.com.ng may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with virgo.com.ng or use virgo.com.ng Website in any manner whatsoever until such time that such User is reinstated by virgo.com.ng. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other ruler and policies, virgo.com.ng reserves the right to recover any amounts due and owing by you to virgo.com.ng and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Indemnity

You shall indemnify and hold harmless virgo.com.ng its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.

Applicable Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of The Federal Republic of Nigeria. The place of jurisdiction shall be exclusively in Lagos, Nigeria.

Jurisdictional Issues/Sale in Nigeria Only

Unless otherwise specified, the material on virgo.com.ng is presented solely for the purpose of sale in Nigeria. virgo.com.ng makes no representation that materials in virgo.com.ng are appropriate or available for use in other locations/Countries other than Nigeria. Those who choose to access this site from other locations/Countries other than NIgeria do so on their own initiative and virgo.com.ng is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than Nigeria, compliance with local laws, if and to the extent local laws are applicable.

Trademark, Copyright and Restriction

This site is controlled and operated by virgo.com.ng. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on virgo.com.ng web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

We at virgo.com.ng respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at [email protected].

Risk of loss

All items purchased from virgo.com.ng are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with virgo.com.ng until the item is transferred to You. In the event that the items are damaged after receipt, the risk falls on the customer.

Product Description

virgo.com.ng tries to be as accurate as possible. However, virgo.com.ng does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by virgo.com.ng itself is not as described, your sole remedy is to return it in unused condition.

Pricing/Typographical error

If virgo.com.ng comes across any difference in pricing resulting from typographic errors with regards to pricing or product information, virgo.com.ng shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.

Cancellation of order

virgo.com.ng reserves the right to cancel any order without any explanation for doing so, under situation where virgo.com.ng is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the virgo.com.ng policy or for any reason. However, virgo.com.ng will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.

Limitation of Liability

IN NO EVENT SHALL virgo.com.ng BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF virgo.com.ng HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Our Contact

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to [email protected].
Merchant Service Agreement

Introduction

As a demonstration of our commitment to Nigeria and Nigerian entrepreneurs, Virgo Nigeria Online Shopping Limited (“Virgo Nigeria”, “us”), Nigeria’s Largest Online Mall opened up its online platform to Nigerian businesses to enable you sell your products (“Mall”), giving instant nationwide access to your products. Your business can also enjoy all the benefits that come with having an online store by being able to sell your products to customers all over Nigeria. Businesses that sign up to Virgo Nigeria’s Mall will have a free microsite provided for them, and Virgo Nigeria will provide additional value added services including but not limited to marketing, customer service and logistics partnerships to cater for customers in all 36 states in Nigeria as well as Abuja. Virgo Nigeria will also provide dedicated account managers to all merchants to enable merchants increase their turnover quickly. You can greatly increase your sales and revenue by partnering with us, while we worry about how to get your products to customers all over Nigeria. We also provide convenient payment terms for the proceeds of your sales. Virgo Nigeria offers its customers both prepaid and Cash-On-Delivery payment options for goods purchased. All you have to do to enjoy all these benefits is to review and accept the terms and conditions of the Virgo Nigeria Mall Service Agreement below. Virgo Nigeria reserves the right to alter these Terms & Conditions at any point without notice, by updating the content on the Virgo Nigeria Web-site.

Agreement

In consideration of the mutual covenants set forth in this Agreement, Seller and Virgo Nigeria (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows:

1. Services Rendered

The Seller agrees to compensate Virgo Nigeria for the services rendered listed in paragraph 2 below (“Services”).

2. Delivery of Services

Virgo Nigeria will use reasonable diligence in rendering the Services offered to the Seller, which include the following:
– Online store front tailored to the Seller with payment gateway at virgo.com.ng;
– Access to Seller’s HQ and other account management systems;
– Access to account management services;
– Access to logistics partners;
– Provision of analytics;
– Seller Services Helpline Number (Mon – Sat; 08:00 – 18:00)
– E-marketing, and other marketing services as available and appropriate.

Virgo Nigeria may at its sole discretion add or remove Services from the above list from time to time and some of the new services may attract separate charges, in which case the Seller will be informed before provision of the said services.

Virgo Nigeria reserves the right to alter or vary the available Services, the nature of the Services and any charges at its sole discretion.

The Seller agrees to use reasonable diligence in providing Virgo Nigeria with genuine products; up-to-date product quantity update; and accurate product information

3. Compensation

For all of the Services provided by Virgo Nigeria under this Agreement, the Seller shall compensate Virgo Nigeria, with commissions or other payments as required, in accordance with the terms of the ‘Commission Structure’, which will be published on the SellerHQ portal; or agreed in advance between both parties, or detailed elsewhere on the Virgo Nigeria web-site. Virgo Nigeria will from time to time review the category commission structure and will notify the Seller of any changes by publishing the same on the SellerHQ portal, or on Virgo Nigeria’s website not less than fourteen (14) days before any variation in commission rate or charging structure takes place. Virgo Nigeria will remit payments for sales generated by the Seller on its platform minus the agreed commission and all applicable taxes on a bi-monthly basis, or as agreed between the Parties.

4. Confidentiality

The Seller and Virgo Nigeria acknowledge and agree that the scope of work and all other documents and information related to the development of the Services (the “Confidential Information”) will constitute valuable trade secrets of Virgo Nigeria. Seller shall keep the Confidential Information in confidence and shall not at any time during or after the terms of this agreement, without Virgo Nigeria’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the “Confidential Information” definition is anything that can be seen by the public.

5. Independent Contractor

Virgo Nigeria shall be deemed as an independent contractor. Virgo Nigeria will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Seller will not withhold or pay any income tax, social security tax, or any other payroll taxes on Virgo Nigeria’s behalf. Virgo Nigeria understands that it will not be entitled to any fringe benefits that Seller provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.

6. Entire Agreement

This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the Parties.Virgo Nigeria shall be deemed as an independent contractor. Virgo Nigeria will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Seller will not withhold or pay any income tax, social security tax, or any other payroll taxes on Virgo Nigeria’s behalf. Virgo Nigeria understands that it will not be entitled to any fringe benefits that Seller provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.

7. Indemnification

Seller warrants that everything it gives Virgo Nigeria to use in the delivery of the Services or any deliverable is legally owned or licensed to the Seller. The Seller agrees to indemnify and hold Virgo Nigeria, its employees and associates harmless from any and all claims brought in the performance of the Services.

8. Terms & Conditons

Either Party shall be entitled to terminate this Agreement voluntarily by serving three (3) months prior written notice to the other Party. Either Party shall have the right to terminate this Agreement for cause immediately and without notice in the event of a breach of the obligation under this Agreement by the other Party.

Virgo Nigeria has the right to evict the Seller from Virgo Nigeria if any, or a combination, of the following breaches are committed:
– Fails to make a product that has been sold on Virgo Nigeria mall available for delivery within three (3) days after it was supposed to be available for delivery;
– Provide inferior or substandard products that has been sold as genuine;
– Provide used, refurbished or damaged products that has been sold as new or unused;
– Failed to meet the Quality Of Service Standards (QOS) as defined in the SellerHQ ratings system (details on request);
– Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading;
– Engages in any activity that brings Virgo Nigeria, or any of Virgo Nigeria’s partners or other mall vendors into disrepute.
Virgo Nigeria reserves the right to alter these QOS rules at anytime, and in the event of any changes Virgo Nigeria will inform the Seller by publishing the same on Virgo Nigeria’s website. Virgo Nigeria would send a formal warning to the Seller after each incident. Products stored by Virgo Nigeria Mall will be returned to the Seller in the case of eviction.

9. Force Majeure

The Parties agree that there shall attach no liability for any inability to carry out any obligations under this Agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lock outs, war, flood, insurrection and other acts of God PROVIDED however that where an event of force majeure subsists for more than One (1) month the Party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this Agreement.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria in force from time to time and any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of courts within Lagos state.