Terms & Conditions

TERMS OF USE: 

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.

 

This website is owned and operated by MESP GLOBAL. For the purposes of this website, "seller", "we", "us", "our" “kxmonlinestores”, kxm platform, kxm Eco system and “KXM” all refers to “kxmonlinestores.com”. 

 

 

CUSTOMERS/MEMBERS BASIS: 

 

1. This is a legally binding agreement between the Participant/Customer/Member and KXM for the provision of the Service.

 

2. The Terms and Conditions of use shall govern the Agreement between the participant/Member and KXM to the exclusion of any other terms or conditions. The User agrees to abide by these Terms and Conditions as set out in this Agreement and any other terms and conditions as amended by KXM from time to time at their full discretion.

 

3. The Terms and Conditions as amended by KXM from time to time supersedes all other terms and conditions and shall replace any terms and conditions previously notified to the Participant.

 

4. KXM reserves the right, to change, modify, add, or remove portions of both the “Terms and Conditions of Use” and the “Terms and Conditions of Sale” at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates.

 

5. KXM reserves the right to monitor and at its sole discretion to remove any participant found guilty of non-compliance to the terms of use.

 

6. You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.

 

 

Use of the Site:

 

You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.

Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.

We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for personal items sold on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited.

Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.

Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features; you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure.

The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

 

You agree, undertake and confirm that your use of kxmonlinestores.com 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 do not have any right.

 

(b) - Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering 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 KXM's prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes. Throughout this Terms of Use, KXM "prior written consent" means a communication coming from KXM 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 KXM, in its sole discretion, believes is or could be construed as being illegal;

 

(p) - Interferes with another user's use and enjoyment of KXM 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 KXM, contains material that is inappropriate for the KXM 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, defense, 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;

 

(ab) - 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: www.kxmonlinestores.com reserves the right to bar any such activity.

 

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

 

(ad) - You shall not probe, scan or test the vulnerability of KXM website or any network connected to KXM website nor breach the security or authentication measures on KXM website or any network connected to KXM Website. 

 

(ae) - You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to KXM Website, or any other customer of KXM, including any KXM account not owned by you, to its source, or exploit the KXM Website or any service or information made available or offered by or through the KXM 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 the KXM Website.

 

(af) - You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the KXM Website or KXM systems or networks, or any systems or networks connected to kxmonlinestores.com.

 

(ag) - 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.

 

(ah) - You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to www, kxmonlinestores.com 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.

 

(ai) - 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 KXM or others.

Solely to enable KXM 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. KXM will only use Your Information in accordance with the terms of use and KXM’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.

 

(aj) - You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.

 

(ak) - You shall not lift (i.e. copy and paste) images of products you want to sell on KXM from other websites; images to be used must be original images and not stolen images or content posted on another site. And in the event that you violate this term, you hereby indemnify KXM of any third party claim thereon.

 

(al) - You shall not engage in advertising to, or solicitation of, other users of the KXM Platform to buy or sell any products or services, including, but not limited to, products or services related being displayed on KXM or related to kxmonlinestores.com. You may not transmit any chain letters or unsolicited commercial or junk email to other users via www.kxmonlinestores.com. It shall be a violation of these Terms of Use to use any information obtained from KXM in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of KXM without KXM’s prior explicit consent. In order to protect our users from such advertising or solicitation, KXM 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 KXM deems appropriate in its sole discretion

 

(am) - You understand that kxmonlinestores.com has the right at all times to disclose any information (including the identity of the persons providing information or materials on the kxmonlinestores.com 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.

 

KXM reserves the right, but has no obligation, to monitor the materials posted on kxmonlinestores.com website. KXM 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 kxmonlinestores.com.

 

 

 

Other Businesses: 

 

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

 

Links: 

KXM welcomes links to this site. You may establish a hypertext link to kxmonlinestores.com website, provided that the link does not state or imply any sponsorship or endorsement of your site by KXM. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on KXM, including any logos or characters, without the express written consent of KXM 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 KXM website without KXM’s prior written consent.

 

Privacy: 

We view protection of your privacy as a very important principle. We understand clearly that you and Your Personal Information is 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 rules there under. Our current Privacy Policy is available at https://www.kxmonlinestores.com/privacy-policy. If you object to your Information being transferred or used in this way please do not use kxmonlinestores.com website 

Information submitted may be made available to KXM partners who can in turn use it for verification purposes.

 

Mandatory Declaration: 

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.

 

 

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 KXM 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, kxmonlinestores.com 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.

 

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

 

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

 

Nothing on www.kxmonlinestores.com constitutes, or is meant to constitute, advice of any kind.

 

All the products sold on www.kxmonlinestores.com are governed by different state laws and if KXM or its Merchants is unable to deliver such products due to implications of different state laws, KXM will return or will give credit for the amount received by www.kxmonlinestores.com 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 KXM. By registering your phone number with us, you consent to be contacted by KXM via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. KXM will not use your personal information to initiate any promotional phone calls or SMS'.

Warranties, Exclusions and Limitation of Liability- (Enlisted Merchants Goods and Services)

Unless expressly given in writing, KXM does not make any representations nor give warranties or guarantees of any nature whatsoever whether express or implied in respect of merchants and their goods and services once you initiate communication with a merchant privately off KXM’s website including but not limited to you’re the character of merchant, implied warranties of the merchantability and fitness or suitability of the merchant’s goods and services for any intended purpose.

 

KXM shall not be liable to you or any third party for any loss, fraud or damage which you or such third party may suffer or incur as a consequence of initiating the transaction irrespective of whether such loss or damage is direct, special, incidental, consequential or otherwise unless such loss is directly attributed to the fraudulent intent of KXM.

 

Notwithstanding any other provisions of this agreement, KXM’s liability to you and or any third party for any loss or damages of any nature whatsoever, including without limitation any damage or loss specifically proven by a competent court to be caused by KXM shall in any event and under all circumstances be limited to the cost of the goods transacted.

 

 

 

Services: 

 

Payment:

While availing the payment method offered at kxmonlinestores.com, KXM 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 present limit mutually agreed by you and between your "service provider/s", or

 

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

 

4.    All payments made against the purchases/services on kxmonlinestores.com by you shall be compulsorily in KC.  KXM does not accept any other form of payment with respect to the purchases/services made on www.kxmonlinestores.com. KXM reserves the absolute right to modify, discontinue - temporarily/permanently - any means of payment.

 

 

Breach:

Without limiting other remedies, KXM 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 kxmonlinestores.com 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 KXM 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 KXM. We 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 KXM or use kxmonlinestores.com Website in any manner whatsoever until such time that such User is reinstated by KXM. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other ruler and policies, KXM reserves the right to recover any amounts due and owing by you to kxmonlinestores.com 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 KXM, its owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, injury, damage, penalties ,losses or actions including attorneys' fees, made by you or any third party or penalty imposed due to or arising out of your transaction with enlisted merchant, use of merchants goods or services enlisted, or in the event you breach this Terms of Use, the Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party on www.kxmonlinestores.com.

 

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.

 

Trademark, Copyright and Restriction:

This site is controlled and operated by KXM. 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 kxmonlinestores.com 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, non-commercial 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.

 

Copyright Complaint:

We at KXM 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 support@kxmonlinestores.com.

 

Risk of Loss:

All items purchased from KXM are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with KXM until the item is transferred to you. In the event that the items are damaged after receipt, the risk falls on the validated consignee, recipient or Customer.

 

Product and Service Description:

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

 

Pricing/Typographical Error:

If we come across any difference in pricing resulting from typographic errors with regards to pricing or product information, KXM 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. 

 

Cancellation of Order:

KXM reserves the right to cancel any order without any explanation for doing so, under situation where KXM is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with our policy or for any reason. However, KXM 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. 

 

•       Refunds:

If there be the need to make refunds to a client/customer for whatever reason, such applicable refund(s) will be made in form of the current acceptable means of payment - the KC, and within a reasonable time frame, usually within 24 working hours.
 

Termination of Service:

KXM reserves the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our goods and services; even payment methods ; with or without prior communications. You hereby consent that KXM will under no circumstance be liable to you or any third party for any modification or discontinuance of availability of goods or services and payment methods on the website.

 

Limitation of Liability:

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

KXM’s AGGREGATE LIABILITY TO YOU, ANY INDIVIDUAL OR ANY THIRD PARTY IN ANY MATTER ARISING HERE FROM, RELATED OR CONNECTED TO OUR GOODS AND SERVICES IS AT KXM’s SOLE DISCRETION.