Updated on: July 9, 2022
Thanks for using Enomy. We hope you’re having fun and love that it’s giving you lots more options to buy and sell in an easy way. So that the community can all get along and grow, we need users to follow a few simple rules and, of course, the terms and conditions set out here.
Terms and Conditions
The following Terms and conditions (henceforth, known as Terms and conditions”) set out the requirements to use our website, services and application (henceforth, known as “the Service”), which describes the platform that allows users to upload listings and buy and sell a wide range of articles in their possession, as well, communicate with users interested in buying and selling using geolocalization to carry out their transactions.
Using the Service is strictly for those who have signed up specifically as a user (henceforth referred to as “the User”) by this term, we mean those who have accepted the below Terms and conditions. If you are not in agreement with any or all parts of the terms and conditions, the user should not install or use the Service.
By accepting the terms and conditions the User agrees to:
Read and understand the aforementioned terms.
Accept all the obligations stated herein.
Be over the age of 18 years old and have the adequate legal capacity to use the Service.
The Terms and conditions are applicable as of the 22nd of December 2019 and replace any previous Terms and Conditions that were applied from previous dates. The User’s agreement to these is a preliminary prerequisite in order to use the Service.
The service provider reserves the right to modify and update the Terms and conditions that once in force, must be agreed to by the User in order to continue using the Service.
1. Service provider
The service owner and provider is Enomy Marketplace Limited. (henceforth, “Enomy”), Enomy HQ, Ken Nnamani Crescent, Wuye, Abuja, [email protected].
2. Registration requirement
In order to use the Service, we require the previous registration as a User, and acceptance of these terms and conditions of use and the privacy and cookies policy.
The information provided by the User must be accurate, up to date and truthful. The User is responsible at all times for the security of their password and assumes the risk of any damage or harm as a result of misuse, as well as, the transfer, revelation or loss of the same. You must inform Enomy immediately if you have reason to believe that your password has been used or is at risk of being used without your consent. In the case of access to restricted areas or use of the service by someone with access to a particular account, we will assume this access was granted to the User in question who will therefore be responsible for the use and actions taken during this time.
By accepting these Terms and conditions of use, the User consents to their data being held in Enomy’s records and their data will be handled by the terms set out in the Privacy Policy.
3. Rules for use of the service
The User undertakes to use the service in accordance with the law, morality, public policy and these Terms and conditions. He/she also undertakes to make appropriate use of the services and/or content on the website and not use it to perform activities that are unlawful or illegal, infringe any applicable legal rules or infringe the rights of third parties.
The User undertakes not to transfer, introduce, spread or make available to third parties any kind of material and information (data, contents, messages, drawings, sound and image files, photographs, software, etc.) that are against the law, morality, public policy and these Legal Terms and conditions. The User thus makes undertakings such as but not limited to:
I. Not adding or spreading content that is racist, xenophobic, pornographic, supportive of terrorism or that infringes human rights.
II. Not spreading, communicating or making available to third parties any kind of information, element or content against the fundamental rights and civil liberties recognized in the Constitution and international treaties.
III. Not spreading, communicating or making available to third parties any kind of information, element or content that constitutes unlawful or unfair advertising.
IV. Not sending any unsolicited or unauthorised advertising, “junk mail”, “chain letters”, “pyramid schemes” or performing any other form of solicitation, except in areas (such as commercial sections) that are exclusively designed for that purpose.
V. Not introducing or spreading any false, ambiguous or inaccurate information and content that misleads the recipients of the information.
VI. Not impersonating other Users by using usernames and passwords they have used to register for the various services and/or contents on the Website.
VII. Not spreading, communicating or making available to third parties any kind of information, element or content that infringes intellectual and industrial property rights, patents, trademarks or copyright held by the owners of the Website or third parties.
VIII. Not spreading, communicating or making available to third parties any kind of information, element or content that infringes the confidentiality of communications and personal data protection legislation.
IX. Not spreading, communicating or making available to third parties any photographs, representations or images of underage persons.
X. Any substance requiring a medical prescription or that must be prescribed under medical supervision (doctor, dentist, optometrist, optician, pharmacist or veterinarian) is not permitted in Enomy. As well as any product that affects the health of an individual (that leads to contraindications or interactions etc.) or perishable goods of any sort.
The User may not hold Enomy liable for any possible claim, fine, punishment or sanction that may become enforced as a result of breaching of the rules previously indicated. Enomy reserves the right to claim any damages.
4. Exclusion of Users
Enomy reserves the right to deny the use of the Service temporarily or permanently to any User that breaches the rules as set out in the Terms and conditions as well as legal and moral regulations. Enomy may also prohibit the use of a User or restrict access to Users on the grounds of the ensuring the best use of the Service and/or the Users experience of such.
5. Exclusion of Liability
Enomy is not the owner of any of the goods on sale or sold on their platform; it takes no part in buying and selling transactions carried out exclusively by the buyer and seller. Enomy does not moderate nor validate the items offered by the User via the service and does not take any responsibility; directly, indirectly or subsequently for damages of any kind derived from the use or employment of its contents. They take no responsibility for the activities of the user and or third parties of the service. They are equally not responsible for the legality reliability, utility, veracity, accuracy, exhaustiveness and relevance of any transaction.
Including, but not limited to the following, Enomy is not responsible for damages of any nature derived from:
a) The use of the Service by any of the Users; the status, origin, inaccuracy or falsification of the information supplied to us by the Users nor the items they have for sale via the Service.
b) The content, information, opinions or declarations given by any User or by a third party or entity that is communicated or represented via the Service.
c) The use of any materials by the Users derived from the Service that may be of a prohibited or consensual nature, or infraction of intellectual or industrial property rights, confidential information or information gained from the Service from third parties.
d) Engaging in acts of unfair competition and illegal advertising.
e) A potential loss of data for causes not attributable to the Service.
f) Access to the Service and its contents by underage persons.
g) The non-availability, errors of access or lack of continuity of the Service.
h) The mistakes and incidences that could take place in the communications, erasure or incomplete transmissions.
i) The non-functioning or problem with the email address given by the User.
Enomy will respond solely and exclusively to the User of the Services and to the content which is derived directly from such, or linked to the copyright. It shall be limited to a maximum of the amounts received directly from the User by Enomy with the exclusion in all cases of liability for indirect damages or for lost profits.
Any claim resulting from a dispute between the Users of the Service should be solved between one another; holding Enomy totally exempt from liability. Notwithstanding, Enomy undertakes their best effort to offer their Users a fast and satisfactory solution via their User Help Service.
6. Content and services linked to through our Service
The Service can include links to technical devices, directories and search tools that allow the User to access other websites and internet portals (henceforth known as “Linked sites”).
The User recognizes and accepts the access of Linked sites at their own risk and thereby exonerates Enomy from any responsibility for possible infringement of intellectual or industrial rights by the service provider of these sites. The User also exonerates any responsibility for the technical availability of these linked websites; as also the quality, reliability, accuracy or trustworthiness of the services, information and elements contained within that are accessible to the User.
Enomy will only be responsible for the content and services offered by the Linked sites, in so far as, if they are effectively aware of any illegality and have not disabled the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, they can share this information with Enomy, but under no circumstances will this notification imply that the relevant link will be deleted.
The existence of Linked sites does not presuppose the existence of agreements with the persons who own or are responsible for such sites, nor Enomy’s recommendation, promotion or identification with the declarations, contents or services they provide. Enomy is not aware of the content or services of the Linked sites and, therefore, are not directly or indirectly liable for any damages caused by the unlawfulness, quality, unavailability, error or uselessness of the content and / or services on Linked sites nor any other damage that is not directly attributable to Enomy.
7. Intellectual and industrial property
Industrial and intellectual property rights regarding the works, and benefits of any content or element affected by these rights (the “Content of the Service”) belong to their rightful owners. The User does not gain any intellectual or industrial property rights nor licence for these elements by their use of the Service.
Content, meaning, by way of example, the texts, photographs, graphics, images, icons, technology, software, databases and other audio-visual or sound content, as well as its graphic design and source code. This list is solely by way of example; it is not exhaustive, nor without limitation.
The text, images, graphics, sound, animation and video, software and appearance of the Enomy website are protected by intellectual and industrial property rights.
These elements can not be validly nor legally copied or distributed for commercial use, nor modified or applied to other websites without the prior and explicit consent of the owners.
The User declares the exclusive property of all rights shared by the works and benefits of any element protected by the industrial and intellectual property rights that are incorporated in the Service (henceforth, the “Content”).
The User freely and exclusively offers Enomy public communication rights, rights of reproduction, distribution and transformation of the the Content, in all the exploitation modalities that exist at the time of accepting the Terms and conditions for the complete duration of this agreement that covers the x x rights. Enomy has no business relationship with the brands that Users may advertise on the Service and Apple do not sponsor nor participate in any way in the actions carried out by Enomy via the Service.
Any consultation relating to the above can be made via the User Help Service at [email protected].
8. Uploading listings
The User must bear in mind that once they have decided to advertise an item as for sale, by doing so makes their item available to other Users to purchase.
When uploading an item, the User must take into consideration the following:
- Uploading listings with images of sexual content is prohibited.
- It is prohibited to upload ads related to sex, eroticism or fetishism nor is it allowed to offer services of massage or company and friendship.
- It is not allowed to advertise pyramid schemes or similar services.
- It is only possible to advertise one property per listing and this listing must be uploaded in the location where the property can be found.
- You may not look for collaborators for erotic services or massage services.
- You must not upload images or descriptions that do not correspond to the actual item on offer.
- You must not upload images of underage persons.
- You must not upload adverts related to animals.
- For individual user accounts, you may not upload more the 15 cars free of charge.
Any User who wants to purchase an item must bear in mind that when they commit to buying an item for an agreed price, they are entering into a legal contract with the other User. Likewise, the User must also consider that when purchasing an item, they become the person responsible for the Tax on Capital Transfers and Documented Legal Acts. The User holds Enomy totally exempt from fulfilling this obligation.
When uploading any items, the User must be aware of the Enomy rules of use.
9. Visibility services
Users can improve the visibility of their adverts on Enomy by taking on one of our “visibility services”.
The visibility services are optional and offer the User the chance to improve the position of their items.
These featured ads do not have a distinct look to those that are not featured and appear on the wall with the standard appearance to the rest of the ads.
Buying the features in the application is done via the stores (Google Play and iTunes, depending on if your device is Android or iOS). The payments are managed via these platforms and by using these services you agree to the terms and conditions of use.
When a visibility service is purchased via the website, the User receives a confirmation of purchase via email; to the email address that is linked to their Enomy profile. The purchase of features via the app can be done on app stores, both Google Play and iTunes who will provide you with proof of purchase.
In order to request an invoice for the purchase of visibility services via the website, it is necessary to contact us via the email address [email protected]. Enomy will send the invoice within 15 calendar days of the necessary fiscal data being provided in order to complete the invoice.
Users requesting an invoice for purchases of features made via the app must contact Google Play or iTunes depending on the platform of the device from which they made the purchase.
It’s not possible to accidentally purchase features as the buying process is made up of several steps in order to select and accept the Users options; therefore, any claim against this is inadmissible.
The duration and total price of the purchase is always shown to the User before they confirm the purchase.
The purchase of visibility services is not exempt from the rules and regulations stated to use Enomy.
In app subscriptions
If you sign up to a regular subscription via one of your purchases on the app, the purchase will be invoiced to your IAP Account. (“in app purchase”) on a continuous basis until it is cancelled.
The subscriptions (“in app purchase”) will automatically renew for the agreed additional cost and period until they are cancelled.
The subscription can be cancelled at any time. To do so, the User must access their IAP Account and follow the cancellation instructions.
Deleting your Enomy account or deleting the app from your device does not cancel the subscription, and, therefore, does not make you exempt from these payments.
The payments for the subscriptions are charged via your Google Play or iTunes account, 24 hours before the end of your current contract.
The right to withdraw from these services is not possible once they have been applied.
In the case that the subscription was not applied, a refund may be obtained for subscriptions made via the app on the stores (Google Play or iTunes, depending on whether your device is Android or iOS)
Mediations
Enomy as an application that acts a simple mediator between the seller and buyer. Enomy is not the owner of any of the goods on sale or sold on their platform; it takes no part in buying and selling transactions carried out exclusively by the buyer and seller. Enomy does not moderate nor validate the items offered by the user via the Enomy service and does not take any responsibility; directly, indirectly or subsequently for damages of any kind derived from the use or employment of its contents. They take no responsibility for the activities of the user and or third parties of the service. They are equally not responsible for the legality reliability, utility, veracity, accuracy, exhaustiveness and relevance of any transaction.
Generally, the items acquired via the Enomy application cannot be returned except in cases where it has been agreed between the seller and the buyer. Similarly, the right to cancel the transactions does not belong to the Enomy application. Except in the case of it being expressly acknowledged in the law, whereby, these rights may only be applied directly by the buyer before the seller. Enomy will not take responsibility for any instance of noncompliance on the part of the seller.
10. Null and Void Clauses
If any clause of these Terms and conditions is proclaimed to be partially or entirely null or void, this will only affect that provision or the part thereof that is invalid or ineffective. These Terms and conditions prevail in all other areas only the part that is declared totally or partially null will be deemed as such and not included.
