TERMS AND CONDITIONS OF USE FOR XTRAFIND PLATFORM (BUYERS AND VENDORS)
1. Introduction
1.1. “XTRAFIND” is the trading name for XTRAFIND NIG LTD (“XTRAFIND,” “we,” “us,” or “our”). XTRAFIND operates an e-commerce and service platform consisting of a website and mobile application (the “Platform”), together with supporting IT, logistics, and payment infrastructure for the sale and purchase of consumer products and services (“Services”) within Nigeria.
1.2. These Terms and Conditions shall apply to all users of the Platform, including both buyers (“Buyers”) and vendors/service providers (“Vendors”), and shall govern your use of the Platform and related services.
1.3. By using the Platform, you accept these Terms and Conditions in full. If you disagree with any part, you must not use the Platform.
1.4. If you use the Platform on behalf of a business or organization, you:
1.4.1. Confirm that you have authority to bind the entity to these Terms;
1.4.2. Bind yourself and the entity to these Terms;
1.4.3. Acknowledge that references to “you” apply to both the individual user and the entity unless otherwise stated.
2. Registration and Account
2.1. You may not register with our marketplace if you are under 18 years of age (by using our marketplace or agreeing to these general terms and conditions you warrant and represent to us that you are at least 18 years of age).
2.2. Upon registration, you agree to:
2.2.1. Provide accurate and complete information;
2.2.2. Keep your password confidential;
2.2.3. Notify XTRAFIND immediately of any unauthorized use;
2.2.4. Be responsible for all activities under your account.
2.3. Accounts may be suspended or cancelled at XTRAFIND’s discretion for any breach of these Terms.
2.4. You may cancel your account by contacting XTRAFIND.
3. Terms and Conditions of Sale and Service
3.1. Vendors are solely responsible for the accuracy of their listings, quality of products/services, and compliance with applicable laws.
3.2. Buyers acknowledge that XTRAFIND acts as a facilitator and is not a party to transactions unless expressly stated.
3.3. Contracts between Buyers and Vendors come into force upon Buyer confirmation of purchase via the Platform.
3.4. Prices must include all taxes and applicable charges.
3.5. Vendors must ensure they have legal title of the business on the platform and also have rights to sell the listed goods/services.
4. Returns and Refunds
4.1. Returns and refunds will be overseen by XTRAFIND Returns Policy as set out and published on the Platform; whereas, the vendor has the sole responsibility to comply with customers request when a refund or return has been initiated.
4.2. XTRAFIND, in the instant case a vendor fails to comply, Xtrafind may issue refunds on behalf of Vendors subject to applicable laws, whilst the enquiry is still ongoing to resolve the issue.
4.3. Refunds may include product price and, where applicable, delivery fees.
5. Payments
5.1. Payments must be made in accordance with the Payment Guidelines on the Platform.
5.2. XTRAFIND may hold funds in escrow pending successful transaction completion.
6. Store Credits and Promotions
6.1. Store credits and promotional offers are governed by specific terms published on the Platform.
7. User Content
7.1. Users grant XTRAFIND a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute content submitted to the Platform.
7.2. Content must not infringe legal rights or contain prohibited material; such as illegal acts, hate speech, child exploitation, pornography, or content that glorifies violence.
7.3. XTRAFIND reserves the right to remove any content at its discretion, that does not adapt with XTRAFIND’s platform, such as information shared with an expectation of confidentiality or that could endanger safety or security, is restricted.
8.Use of Platform
8.1. Users may only use the Platform for lawful purposes.
8.2. Prohibited activities include but are not limited to hacking, introducing malware,or using automated systems to access the Platform.
8.3. Users must not use the Platform for off-platform transactions or to solicit users outside XTRAFIND.
8.4. Your content must not be illegal or unlawful infringe any person’s legal rights or be capable of giving rise to legal action against any person.
9. Intellectual Property
9.1. XTRAFIND, is platform and it is pertinent to note that it is an intellectual property rights owned by Xtrafind, whereas vendors and businesses listed in the platform are only granted licenses as their rights to transact in the Platform.
9.2. Users may not reproduce, distribute, or exploit any part of the Platform without prior written consent.
9.3. XTRAFIND’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks and such use may constitute an infringement of our rights.
9.4. The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
10. Data Privacy
10.1. Personal data shall be processed in accordance with XTRAFIND’s Privacy Policy and the Nigerian Data Protection Act, 2023.
10.2. Vendors are independently responsible for the lawful use of Buyers’ personal data.
11. Due Diligence and Audit Rights
11.1. XTRAFIND reserves the right to conduct due diligence and audit Vendor compliance with these Terms.
11.2. You agree to provide to us all such information documentation and access to your business premises as we may require:
11.2.1. in order to verify your adherence to and performance of your obligations under these terms and conditions;
11.2.2. for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
11.2.3. as otherwise required by law or applicable regulation.
12. XTRAFIND’s Role
12.1. XTRAFIND facilitates transactions between Buyers and Vendors but does not guarantee the quality or legality of products/services.
12.2. XTRAFIND will monitor all transactions and conversations held on the platform but when a vendor/user is in default, Xtrafind will set up a committee and thereafter will decide/may and at its discretion suspend or terminate access to the Platform without notice in any cases of breach.
12.3. We do not warrant or represent that the marketplace will operate without fault; or that the marketplace or any service on the marketplace will remain available during the occurrence of events beyond XTRAFIND’s control (force majeure events) which include but are not limited to; flood drought earthquake or other natural disasters; hacking viruses malware or other malicious software attacks on the marketplace; terrorist attacks civil war civil commotion or riots; war threat of or preparation for war; epidemics or pandemics; or extra-constitutional events or circumstances which materially and adversely affect the political or macro-economic stability of the territory as a whole.
12.4. We reserve the right to discontinue or alter any or all of our marketplace services and to stop publishing our marketplace at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any marketplace services or if we stop publishing the marketplace. This is without prejudice to your rights in respect of any unfulfilled orders or other existing liabilities of XTRAFIND.
12.5. If we discontinue or alter any or all of our marketplace in circumstances not relating to force majeure we will provide prior notice to the buyers and sellers of not less than fifteen (15) days with clear guidance on the way forward for the pending transactions or other existing liabilities of XTRAFIND.
12.6. Xtrafind has provided a secure business environment which is the platform, for vendors and customers to transact; however, all vendors/buyers have gone through thorough scrutiny to be on the platform which is our assurance, we still strongly advice that you do due diligence to guarantee any commercial results concerning the use of the marketplace.
13. Limitation of Liability
13.1. XTRAFIND shall not be liable for indirect, consequential, or special damages.
13.2. Total liability shall not exceed the amount paid for the relevant transaction.
13.3 In respect of the services offered to you free of charge we will not be liable to
you for any loss or damage of any nature whatsoever.
14. Indemnity
14.1. Users agree to indemnify XTRAFIND against all claims and losses arising from their use of the Platform or breach of these Terms.
15. Breaches of Terms
15.1. XTRAFIND may suspend, block, or terminate accounts for breaches.
15.2. Users must not circumvent any suspension or termination.
16. Entire Agreement
16.1. These Terms constitute the entire agreement between XTRAFIND and the user.
17. Hierarchy
17.1. If conflicts arise, these Terms shall prevail over other policies except where stated otherwise.
18. Variation
18.1. XTRAFIND may revise these Terms from time to time. Revised Terms apply from the date of publication.
19. No Waiver
19.1. Failure to enforce any provision does not constitute a waiver of that provision.
20. Severability
20.1. If any provision is found unlawful, the remaining provisions continue in effect.
21. Assignment
21.1. XTRAFIND may assign its rights and obligations under these Terms.
21.2. Users may not assign their rights without prior written consent.
22. Third Party Rights
22.1. These Terms do not confer rights on any third party.
23. Law and Jurisdiction
23.1. These Terms shall be governed by the laws of the Federal Republic of Nigeria.
23.2. Any disputes shall be resolved as follows:
23.2.1. Through good-faith negotiations;
23.2.2. Failing resolution, disputes shall be referred to arbitration in accordance with the Arbitration and Mediation Act, 2023. The arbitral panel shall consist of a single Arbitrator jointly appointed by the Parties. Failing agreement within fourteen (14) days, the Arbitrator shall be appointed by the Chairman of the Chartered Institute of Arbitrators, UK (Nigeria Branch). Proceedings shall be held in Nigeria and conducted in English.
24. Notices
24.1. Notices may be sent electronically to the user’s registered email address.
25. Company Details
25.1. XTRAFIND NIG LTD Registered Office:
Email:
Phone:
26. Contact and Support
26.1. For support or inquiries, contact XTRAFIND using the details above.
