This Disclaimer of Warranties and Limitation of Liability (“Disclaimer”) outlines the terms and conditions under which Phostine Ecommerce Limited (owner and operator of Naija Commerce) provides its website and mobile applications (collectively, the “Platform”) and its services. By accessing and using the Platform, you agree to be bound by this Disclaimer. If you do not agree with this Disclaimer, you should discontinue your use of the Platform immediately.

1. General Disclaimer

1.1 The Platform, along with all materials, products, and services made available on or through it, is provided on an “as is” and “as available” basis without any warranties or representations, express or implied, unless otherwise specified in writing by Phostine Ecommerce Limited.

1.2 To the fullest extent permitted by applicable law, Phostine Ecommerce Limited disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that:

• The Platform will be constantly available, uninterrupted, secure, or error-free.
• The information or content on the Platform will be complete, accurate, reliable, current, or free from errors.
• The Platform is free from viruses, malware, or other harmful components that may cause damage to your systems or devices.

2. Limitation of Liability

2.1 Phostine Ecommerce Limited shall not be liable to you or any third party for any direct, indirect, incidental, consequential, special, or punitive damages, or any other damages whatsoever arising from:

• Your use or inability to use the Platform.
• The performance or non-performance of any services offered through the Platform.
• Any information or content displayed on or made available through the Platform.
• Any unauthorized access to or alteration of your data or transmissions.
• Any other matter relating to the use of the Platform.

2.2 This limitation of liability applies to any damages, whether arising from contract, tort, negligence, strict liability, or otherwise, even if Phostine Ecommerce Limited has been advised of the possibility of such damages.

2.3 In no event shall Phostine Ecommerce Limited’s total liability to you for any and all claims arising from or related to the use of the Platform exceed the greater of the amount you paid for accessing the Platform or Naira 50,000.

3. No Warranty for Third-Party Content

3.1 The Platform may contain links to third-party websites or content. Phostine Ecommerce Limited does not control, endorse, or guarantee the accuracy, completeness, or reliability of any third-party content, and shall not be liable for any damages or losses resulting from your use or reliance on such third-party content.

3.2 Any transactions or dealings you have with third parties through the Platform are solely between you and the third party. Phostine Ecommerce Limited shall not be liable for any disputes or issues arising from such transactions.

4. Product and Service Disclaimer

4.1 All products sold or services offered on the Platform are governed by the laws of the Federal Republic of Nigeria. Phostine Ecommerce Limited reserves the right to cancel or refuse delivery of products or services that are not compliant with applicable laws and regulations.

4.2 If Phostine Ecommerce Limited is unable to fulfill an order or provide a service due to legal or regulatory constraints, we will offer you a refund or credit for the amount received from you for such order or service, which could not be delivered.

5. Electronic Communications

5.1 You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5.2 Phostine Ecommerce Limited shall not be responsible for any damages resulting from your failure to receive communications from us due to inaccurate contact details, spam filtering, or other issues beyond our control.

6. No Advice or Professional Guidance

6.1 The information provided on the Platform, including product descriptions, reviews, and articles, is for informational purposes only and does not constitute professional advice of any kind, including but not limited to legal, financial, or medical advice.

6.2 You are solely responsible for any decisions you make based on the information provided on the Platform. Phostine Ecommerce Limited shall not be liable for any consequences resulting from your reliance on such information.

7. User Responsibility for Account Security

7.1 You are responsible for maintaining the confidentiality of your account information, including your username and password. Phostine Ecommerce Limited shall not be liable for any unauthorized access to your account or any damages resulting from your failure to secure your account information.

7.2 You agree to immediately notify Phostine Ecommerce Limited of any unauthorized use of your account or any other breach of security.

8. Compliance with Laws and Regulations

8.1 Phostine Ecommerce Limited’s operations and activities are governed by the laws of the Federal Republic of Nigeria, including the Nigeria Data Protection Regulation (NDPR) and any other applicable regulations.

8.2 If any provision of this Disclaimer conflicts with the provisions of the applicable laws, the provisions of the applicable laws shall prevail, and the conflicting provision shall be deemed modified to comply with such laws.

9. Exclusions and Limitations

9.1 Some jurisdictions may not allow the exclusion or limitation of certain warranties or liabilities. In such cases, the exclusions and limitations set forth in this Disclaimer may not apply to you. In any case, Phostine Ecommerce Limited’s liability will be limited to the fullest extent permitted by applicable law.

10. Indemnification

10.1 You agree to indemnify and hold harmless Phostine Ecommerce Limited, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Platform.
• Your violation of this Disclaimer or any applicable law.
• Your violation of any rights of a third party.

10.2 Phostine Ecommerce Limited reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses.

11. Modifications to this Disclaimer

11.1 Phostine Ecommerce Limited reserves the right to amend, modify, or update this Disclaimer at any time without prior notice. Any changes will be effective immediately upon posting on the Platform.

11.2 You are encouraged to review this Disclaimer periodically to stay informed of any updates or changes. Your continued use of the Platform following the posting of any changes constitutes your acceptance of such changes.

12. Contact Information

For any inquiries or concerns regarding this Disclaimer or to report any issues, please contact us at:

Phostine Ecommerce Limited
Email: sales@naijacommerce.com
Phone: +2348069041019, +2347016164140