Terms of Use
These Terms of Use (“Terms”) govern your use of Naija Commerce website and mobile applications (collectively, the “Platform”), own and operated by Phostine Ecommerce Limited. By accessing or using the Platform, you agree to comply with these Terms, which establish a legally binding agreement between you and Phostine Ecommerce Limited. If you do not agree to these Terms, you should discontinue using the Platform immediately. Please read the Terms carefully and note that these Terms may be updated periodically without prior notice.
- Acceptance of Terms
1.1 By using the Platform, you agree to be bound by these Terms as well as our Privacy Policy. If you do not agree to any of these Terms, please discontinue use of the Platform.
1.2 You represent that you have the legal capacity to accept these Terms and agree to comply with all applicable laws and regulations.
- Prohibited Activities
You agree not to engage in any of the following prohibited activities while using the Platform:
2.1 You shall not host, display, upload, modify, publish, transmit, or share any content or information that:
- Belongs to another person and to which you do not have any right.
- Is harmful, harassing, defamatory, obscene, pornographic, offensive, hateful, racially or ethnically objectionable, invasive of another’s privacy, or otherwise unlawful in any manner.
- Encourages money laundering, gambling, or violates any applicable law.
- Promotes illegal activities, such as providing instructions on how to make illegal substances or weapons.
- Infringes upon or violates any intellectual property rights, privacy rights, or publicity rights of a third party.
2.2 You shall not:
- Use the Platform to transmit unsolicited messages, chain letters, or junk mail.
- Advertise or solicit the purchase or sale of goods and services without prior written consent from Phostine Ecommerce Limited.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Access or use another user’s account without permission.
- Post or transmit any material that contains viruses, corrupted files, or any other computer code, files, or programs that may interrupt, destroy, or limit the functionality of any computer software or hardware.
- Intellectual Property Rights
3.1 All content, trademarks, logos, graphics, and other materials displayed on the Platform are the property of Phostine Ecommerce Limited or its affiliates and are protected by intellectual property laws.
3.2 You may not use, reproduce, distribute, or create derivative works based on any content without the express written permission of Phostine Ecommerce Limited.
- User-Generated Content
4.1 By posting, uploading, or submitting any content (e.g., reviews, comments, photographs) to the Platform, you grant Phostine Ecommerce Limited a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, reproduce, distribute, and display the content.
4.2 You represent and warrant that you have the necessary rights to post or transmit any content and that such content does not infringe any third party’s rights or violate any applicable law.
4.3 Phostine Ecommerce Limited reserves the right to remove or edit any content that violates these Terms or is otherwise objectionable, without prior notice.
- Account Responsibility
5.1 You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Phostine Ecommerce Limited of any unauthorized use of your account.
5.2 You are responsible for all activities that occur under your account, whether or not you authorized them.
- Electronic Communications
6.1 By using the Platform, you consent to receiving electronic communications from Phostine Ecommerce Limited. These communications may include notices about your account and information about or related to the Platform.
6.2 You agree that any notices, agreements, disclosures, or other communications provided electronically satisfy any legal communication requirements, including that such communications be in writing.
- Governing Law and Jurisdiction
7.1 These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
7.2 Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Nigeria.
- Third-Party Links
8.1 The Platform may contain links to third-party websites or services that are not owned or controlled by Phostine Ecommerce Limited.
8.2 Phostine Ecommerce Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that Phostine Ecommerce Limited shall not be responsible or liable for any damages or loss caused by your use of such third-party content.
- Limitation of Liability
9.1 To the fullest extent permitted by law, Phostine Ecommerce Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, incurred directly or indirectly from:
- Your access or use of the Platform.
- Any conduct or content of any third party on the Platform.
- Unauthorized access, use, or alteration of your transmissions or content.
9.2 In no event shall the total liability of Phostine Ecommerce Limited for all claims related to the Platform exceed the greater of Naira 50,000 or the amount paid by you to Phostine Ecommerce Limited for the specific service at issue.
- Indemnification
10.1 You agree to indemnify and hold Phostine Ecommerce Limited, its affiliates, employees, and agents harmless from any claims, damages, losses, or expenses (including reasonable attorney’s fees) arising out of or in connection with:
- Your use of the Platform.
- Your violation of these Terms.
- Your violation of any rights of a third party, including intellectual property rights or privacy rights.
- Termination of Use
11.1 Phostine Ecommerce Limited may, in its sole discretion, terminate or suspend your account and access to the Platform at any time for any reason, including but not limited to a violation of these Terms or any applicable law.
11.2 Upon termination, your right to use the Platform will immediately cease. You agree that any termination of your access to or use of the Platform may occur without prior notice.
- Compliance with Laws
12.1 You agree to comply with all applicable laws and regulations, including but not limited to the Nigeria Data Protection Regulation (NDPR), and guidelines issued by the Nigeria Data Protection Commission (NDPC).
12.2 Phostine Ecommerce Limited reserves the right to cooperate with law enforcement authorities in investigating any illegal activity on the Platform.
- Changes to the Terms
13.1 Phostine Ecommerce Limited reserves the right to amend, modify, or update these Terms at any time without prior notice. The latest version of the Terms will be posted on the Platform.
13.2 Your continued use of the Platform following any changes constitutes your acceptance of the revised Terms.
- Severability
14.1 If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
- Contact Information
For any inquiries or concerns regarding these Terms, please contact us at:
Phostine Ecommerce Limited
Phone: +2348069041019, 07016164140
Email: support@naijacommerce.com
- User Responsibilities
16.1 You are solely responsible for any content you upload, post, or otherwise make available through the Platform. This includes ensuring that your content does not violate the rights of any third party, including intellectual property, privacy, and publicity rights.
16.2 You shall use the Platform solely for your personal or business purposes as permitted under these Terms. Any unauthorized commercial use of the Platform is expressly prohibited unless you have obtained prior written permission from Phostine Ecommerce Limited.
16.3 You shall not engage in any activities that could harm, disable, overburden, or impair the Platform’s functioning, including but not limited to transmitting viruses or any malicious code, using automated tools to extract data, or performing any form of denial-of-service attack.
- Product Listings and Sales
17.1 Sellers on the Platform must ensure that their product listings are accurate, complete, and not misleading. All listed items must be available for sale, and the seller must be able to fulfill the order within the stipulated time.
17.2 Sellers shall not list or sell any counterfeit, stolen, or prohibited items as defined by Nigerian laws and regulations. Phostine Ecommerce Limited reserves the right to remove any such listings and take appropriate action against the seller.
17.3 Buyers are responsible for carefully reviewing product descriptions, pricing, and seller information before making a purchase. Phostine Ecommerce Limited is not responsible for any misrepresentations made by sellers.
- Payment Terms and Transaction Policies
18.1 All payments made through the Platform are subject to our Payment Terms, which include provisions on payment processing, fees, refunds, and chargebacks. By using the Platform’s payment services, you agree to comply with these Payment Terms.
18.2 Phostine Ecommerce Limited uses third-party payment processors to facilitate transactions. You agree to comply with the terms and conditions of these payment processors when making any transaction on the Platform.
18.3 In case of any payment dispute, you must contact our support team at support@naijacommerce.com with relevant transaction details. We will investigate and endeavor to resolve the issue in accordance with our policies.
- Refunds and Returns Policy
19.1 Phostine Ecommerce Limited provides a transparent Refunds and Returns Policy that outlines the circumstances under which you may be eligible for a refund or return.
19.2 Buyers are responsible for reviewing the Refunds and Returns Policy of the specific seller they are purchasing from, as policies may vary depending on the seller’s terms.
19.3 If a refund or return request is granted, the buyer will receive the refund via the same method of payment used for the original transaction, unless otherwise agreed.
- Prohibited Products and Services
20.1 The following items and services are prohibited on the Platform:
- Weapons, ammunition, explosives, and any related accessories.
- Narcotics, drugs, and any illegal substances.
- Counterfeit goods or services.
- Human organs and body parts.
- Pornographic materials or any content depicting child exploitation.
- Unauthorized copies of copyrighted materials.
- Any other item that violates Nigerian laws or regulations.
20.2 Phostine Ecommerce Limited reserves the right to remove any prohibited listings or content and suspend or terminate the account of the responsible user without prior notice.
- Dispute Resolution
21.1 In the event of any dispute arising out of or in connection with these Terms, the parties agree to first attempt to resolve the dispute amicably through negotiations.
21.2 If the dispute cannot be resolved through negotiations, it shall be referred to mediation at the Lagos State Multi-Door Courthouse or any recognized mediation body in Nigeria.
21.3 If the dispute is not resolved through mediation, it shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria, 2004. The place of arbitration shall be Lagos, Nigeria, and the language of the arbitration shall be English. The arbitration award shall be final and binding on the parties.
- Force Majeure
22.1 Phostine Ecommerce Limited shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, strikes, pandemics, riots, natural disasters, or disruptions to telecommunications or internet services.
22.2 If a force majeure event occurs, Phostine Ecommerce Limited will notify affected users as soon as reasonably possible and will take all reasonable steps to minimize the impact of the event on its operations.
- Warranties and Disclaimers
23.1 Phostine Ecommerce Limited provides the Platform on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the operation of the Platform or the information, content, materials, or products included.
23.2 To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
23.3 We do not warrant that the Platform will be uninterrupted, error-free, or secure, or that any defects will be corrected. You assume full responsibility for your use of the Platform and any information or materials obtained from it.
- Ownership of Content
24.1 Any content or information that you submit to Phostine Ecommerce Limited, including but not limited to text, images, videos, and product reviews, becomes the property of Phostine Ecommerce Limited. By submitting such content, you agree to transfer all rights, title, and interest in the content to Phostine Ecommerce Limited.
24.2 Phostine Ecommerce Limited may use, modify, reproduce, display, and distribute your content for any lawful purpose without providing additional compensation or obtaining your permission.
- Feedback and Suggestions
25.1 We welcome feedback and suggestions to improve our Platform. If you provide any feedback or suggestions, you agree that we may use them without any obligation to compensate you.
25.2 Feedback and suggestions provided to us are considered non-confidential and non-proprietary. You agree that any ideas, concepts, or materials submitted to us will be considered our property, and we may use them as we see fit.
- Reporting Violations
26.1 If you believe that any user or content on the Platform is in violation of these Terms, please report the issue to support@phostine.com.
26.2 We will investigate reported violations and take appropriate action, which may include issuing warnings, removing content, or suspending or terminating accounts.
- Final Provisions
27.1 These Terms constitute the entire agreement between you and Phostine Ecommerce Limited concerning the use of the Platform and supersede any prior agreements or understandings, whether written or oral.
27.2 Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Phostine Ecommerce Limited.
27.3 Phostine Ecommerce Limited reserves the right to assign or transfer its rights and obligations under these Terms to any third party without prior notice.
Effective Date: 1st November 2025
Last Updated: 1st November 2025
If you have any questions or concerns about these Terms, please feel free to contact us at support@naijacommerce.com.
