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TERMS OF USE

INTRODUCTION

Welcome to FAVE! We are delighted to have you as a valued user of our website and services. Before you start exploring our platform, it is essential to familiarise yourself with the following general terms and conditions that govern the use of our website. By accessing or using our website, you agree to comply with and be bound by these terms and conditions. If you do not agree with any part of these terms, please refrain from using our services.

These general terms and conditions are applicable to shoppers, influencers, and merchants participating in our marketplace. They govern your use of the marketplace and all related services.

If you are engaging with our marketplace for business or other organisational purposes, by doing so:

  • You confirm that you possess the necessary authority to consent to these general terms and conditions.
  • You bind both yourself and the respective person, company, or legal entity operating that business or organizational project to these general terms and conditions.
  • You agree that throughout these general terms and conditions, the term "you" refers to both the individual user and the relevant person, company, or legal entity unless otherwise specified by the context.

YOUR ACCOUNT CREATION AND REGISTRATION

In order to access certain features and services offered on the FAVE website (www.faveshq.com), you may be required to create an account.

  • When creating an account, you must provide accurate, current, and complete information as prompted by the registration form.
  • You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized use or breach of security.
  • You must be at least 18 years old or have reached the age of majority in your jurisdiction to create an account and use our Website. By creating an account, you represent and warrant that you meet these age requirements.
  • You are responsible for all activities conducted through your account. Any actions performed using your account will be deemed to have been authorized by you.
  • You agree to use your account for lawful purposes only and in compliance with these terms and conditions.
  • You shall not share your account credentials with any third party or allow anyone else to access or use your account.
  • You agree to provide accurate and up-to-date information during the registration process and promptly update any changes to your account information.
  • We reserve the right to suspend or terminate your account, at our sole discretion, if we have reason to believe that you have violated these terms and conditions or engaged in any fraudulent, illegal, or abusive activities.
  • In the event of account suspension or termination, you may lose access to certain features, content, or services provided by the Website. We shall not be liable for any loss or damages arising from the suspension or termination of your account.
  • You may also request the termination of your account by contacting our customer support.

PRODUCT/SERVICE DESCRIPTIONS

Our website provides an online location for influencers to recommend, merchants to sell, and shoppers to purchase products. Fave is a platform that allows influencers to benefit directly from their community through affiliate marketing. With Fave, influencers can have easy access to vendors (Merchants) who are willing to partner with them. Modification or update of our service may be carried out from time to time, with or without prior notice. We solve recommendations, buying, and selling problems by:

  • Ensuring transparency in returns that influencers get from purchases made due to their influence.
  • Providing an easy-to-access opportunity for fanbases to show support to influencers.
  • Providing a channel for high-volume, influencer-driven sales of products without a need for upfront-payment partnerships.
  • Giving product retailers access to engaging with influencers in a way that is more cost-effective for them.
  • Providing influencers with the opportunity to enjoy benefits associated with commission-based, high-volume product sales.
  • Centralizing and easing access to influencers' favorite products.

PRODUCT CATEGORIES

The products' major categories include:

  • Toys
  • Perfumes
  • Gadgets
  • Makeup
  • Sporting
  • Skincare
  • Men's Fashion
  • Women's Fashion
  • Kid's Fashion
  • Home
  • Meals
  • Books
  • Groceries
  • Furniture
  • Kitchen Utensils
  • Appliances
  • Filming

TERMS AND CONDITIONS OF SALE

The marketplace serves as an online platform where influencers can create collections of their favourite products from their favourite merchants for their community members to access, and purchase those products. FAVE acts as a facilitator and accepts binding sales on behalf of merchants and influencers. However, unless FAVE is indicated as the merchant, FAVE is not a party to the transaction among the influencers, merchants, and shoppers.

A contract for the sale and purchase of a product will be established between the shopper and the merchant. Therefore, upon the shopper's confirmation of the purchase via the marketplace, the shopper or the merchant commit to buying or selling the relevant product(s).

While the merchant's terms of business govern the contract for sale and purchase between the shopper and the merchant, the following provisions will also be incorporated into the contract:

  • The price of a product will be as stated in the corresponding product listing.
  • The price of the product must include all applicable taxes and comply with the relevant laws in force at that time.
  • Additional charges, such as delivery, packaging, handling, administration, insurance costs, or other ancillary costs and charges, will only be payable by the shopper if expressly stated in the product listing.
  • Products must be of satisfactory quality, suitable for any specified purpose mentioned in the product listing, and conform to the description provided by the merchant.
  • In the case of physical products, the merchant warrants that they have rightful ownership and are the sole legal and beneficial owners of the products. The merchant also guarantees that the products are free from any third-party rights, restrictions, criminal proceedings, insolvency, tax investigations, or any infringements on third-party intellectual property rights. For digital products, the merchant warrants the right to supply the digital products to the shopper.

PAYMENT

When purchasing products or services through the FAVE website (www.faveshq.com), the shopper agree to comply with the payment terms and conditions that all prices listed on the Website are in the specified currency and are exclusive of any applicable taxes unless stated otherwise. The total purchase price, including taxes and any additional charges, will be clearly displayed during the checkout process. Payment for products or services must be made using the available payment methods supported by FAVE, as indicated on the Website.

  • Payment Authorization:
    1. By initiating a purchase transaction on the Website, you authorize FAVE or its designated payment processor to charge the total amount due to your selected payment method.
    2. You represent and warrant that you are the authorized user of the chosen payment method and that the payment information provided is accurate, complete, and valid.
    3. In the event of a payment dispute or unauthorized transaction, you agree to cooperate with FAVE and provide any necessary information to assist in resolving the issue.
  • Third-Party Payment Processors:
    1. FAVE may utilize third-party payment processors to facilitate payment transactions on the Website.
    2. By choosing to make a payment, you agree to be bound by the terms and conditions of the respective payment processor. FAVE shall not be liable for any actions, errors, or omissions of these third-party payment processors.
  • Order Confirmation and Delivery:
    1. Upon successful completion of the payment process, you will receive an order confirmation email containing the details of your purchase. The delivery of physical products or access to digital products will be subject to the terms and conditions specified by the merchant, as outlined in the product listing.
  • Payment Security:
    1. FAVE employs reasonable security measures to protect your payment information. However, you acknowledge that no electronic transaction is entirely secure, and FAVE cannot guarantee the absolute security of your payment details.
    2. It is your responsibility to maintain the confidentiality of your payment information and promptly report any unauthorized transactions to FAVE.

MERCHANT CONTENT

  • Definition:
    In these general terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software, and files) that you submit to us or our marketplace for storage or publication processing by or onward transmission; and all communications on the marketplace including product reviews, feedback, and comments.
  • Content:
    As a merchant using the FAVE website (www.faveshq.com), you are solely responsible for the content you create, upload, publish, or display on the platform ("Merchant Content"). Merchant Content includes, but is not limited to, product listings, descriptions, images, videos, reviews, ratings, and any other information related to your products or services. By uploading or displaying Merchant Content on the Website, you represent and warrant that you have all necessary rights, permissions, and licences to use and publish such content. You acknowledge that FAVE does not endorse or guarantee the accuracy, quality, legality, or suitability of any Merchant Content.
  • License Grant:
    By uploading or displaying Merchant Content on the Website, you grant FAVE a non-exclusive, royalty-free, worldwide licence to use, copy, modify, adapt, distribute, and publicly display your Merchant Content solely for the purpose of operating and promoting the FAVE marketplace. This licence continues even if you cease to use the Website or terminate your account, but will not be used by FAVE in a way that personally identifies you without your explicit consent.
  • Prohibited Merchant Content:
    You agree that you will not upload, publish, or display any Merchant Content that:
    1. Violates any laws, regulations, or third-party rights.
    2. Contains misleading, false, or deceptive information.
    3. Infringes upon any intellectual property rights, including trademarks, copyrights, or patents.
    4. Is offensive, harmful, defamatory, obscene, or violates the privacy or dignity of others.
    5. Contains viruses, malware, or any other malicious code that could harm the Website or its users.
    6. Promotes illegal activities or encourages others to engage in unlawful behavior.
  • Content Monitoring and Removal:
    FAVE reserves the right, but not the obligation, to monitor, review, and remove any Merchant Content that violates these terms and conditions or is deemed inappropriate or objectionable. FAVE may take action, including the suspension or termination of your account, if you repeatedly violate these terms or engage in fraudulent or malicious activities.
  • Intellectual Property Rights:
    You retain all ownership rights to your Merchant Content. However, by uploading or displaying it on the Website, you grant FAVE and other users a limited right to access and use your Merchant Content in connection with their use of the FAVE marketplace. FAVE respects the intellectual property rights of others and expects you to do the same. If you believe that your intellectual property rights have been infringed, please contact FAVE and provide the necessary information to initiate an investigation.
  • Indemnification:
    You agree to indemnify and hold FAVE harmless from any claims, liabilities, damages, losses, or expenses arising out of or in connection with your Merchant Content, including any claims of intellectual property infringements.
  • Our Right to Use Your Content:

    You grant us a worldwide irrevocable non-exclusive royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content on our marketplace and across our marketing channels and any existing or future media. You grant us the right to sub-license the rights licensed.

    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law. Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish, or edit any or all of your content.

RETURNS AND REFUNDS

The process of returns initiated by shoppers and the acceptance of returned products by merchants will be handled by us following the guidelines outlined on the returns page of the marketplace. These guidelines may be updated periodically. The acceptance of returns will be at our discretion, ensuring compliance with the relevant laws of the territory.

Refunds for returned products will be processed in accordance with the procedures specified on the refunds page of the marketplace. Our refund policies will be exercised at our discretion, taking into account the applicable laws of the territory.

INTELLECTUAL PROPERTY

  • Intellectual Property Ownership:
    The FAVE website (www.faveshq.com) and all its contents, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of FAVE or its licensors and are protected by trademark, copyright, and other intellectual property laws. You acknowledge and agree that FAVE retains all rights, title, and interest in and to the Website and its contents, including any intellectual property rights associated with them.
  • Trademarks:
    FAVE and its associated logos are registered trademarks owned by FAVE. All other trademarks, service marks, logos, and trade names displayed on the Website are the property of their respective owners. You are prohibited from using any trademarks, service marks, logos, or trade names displayed on the Website without the prior written permission of their respective owners.
  • Copyright:
    All content provided on the Website, including text, graphics, images, videos, audio, and software, is the property of FAVE or its content suppliers and is protected by copyright laws. You may not modify, copy, reproduce, distribute, transmit, display, perform, publish, licence, create derivative works from, transfer, or sell any information, products, or services obtained from the Website without the prior written consent of FAVE or the respective copyright owner.
  • Infringement Notification:
    FAVE respects the intellectual property rights of others and expects its users to do the same. If you believe that any content on the Website infringes your copyright or trademark rights, please notify FAVE promptly. To report a copyright or trademark infringement, please provide the following information:
    1. Your contact information (name, address, phone number, and email).
    2. A description of the copyrighted work or trademark that you believe has been infringed.
    3. The location of the infringing content on the Website.
    4. A statement that you have a good faith belief that the use of the copyrighted work or trademark is not authorized by the owner, its agent, or the law.
    5. A statement, made under penalty of perjury, that the information provided is accurate and that you are the copyright or trademark owner or authorized to act on behalf of the owner.

DATA PRIVACY

FAVE is committed to protecting your privacy and handling your personal data responsibly. We collect, store, and process your personal information in accordance with applicable data protection laws and our Privacy Policy. By using the FAVE website (www.faveshq.com), you consent to the collection, use, and disclosure of your personal information as outlined in our Privacy Policy.

FAVE's RESPONSIBILITIES

  • You acknowledge that FAVE facilitates a marketplace for shoppers, influencers, and third-party merchants. The relevant merchant of the product shall at all times remain exclusively liable for the products they sell on the marketplace. In the event that there is an issue arising from the purchase of a product on the marketplace, the shopper could seek recourse from the relevant merchant of the product by following the process set out in the Return and Refund Policy.
  • We commit to ensuring that FAVE or third-party merchants, as applicable, submit information relating to their products on the marketplace that is completely accurate and up to date. The relevant merchant warrants and represents the completeness and accuracy of the information published on our marketplace relating to their products. The relevant merchant warrants and represents that the material on the marketplace is up to date, and if a shopper has a complaint relating to the accuracy or completeness of the product information received from a merchant, the shopper can seek recourse from the relevant merchant by following the process set out in the FAVE Dispute Resolution Policy.
  • 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 FAVE'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.
  • 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 FAVE.
  • 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 FAVE.
  • We do not guarantee any commercial results concerning the use of the marketplace. To the maximum extent permitted by applicable law and subject to the section below, we exclude all representations and warranties relating to the subject matter of these general terms and conditions of our marketplace and the use of our marketplace.

INDEMNITY, EXCLUSION, AND LIMITATION OF LIABILITY

  • Limitation of Liability:
    FAVE, Zoey Technologies Limited, and its directors, officers, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in connection with your use of the FAVE website (www.faveshq.com) or any products or services purchased through the Website. FAVE shall not be responsible for any errors, inaccuracies, or interruptions in the availability of the Website, nor for any damages or losses resulting from such errors, inaccuracies, or interruptions.
  • No Warranty:
    FAVE provides the Website and its contents on an "as is" and "as available" basis, without any warranties or representations, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. FAVE does not warrant that the Website will be error-free, uninterrupted, or free from viruses or other harmful components. You acknowledge and agree that your use of the Website is at your own risk.
  • Indemnification:
    You agree to indemnify, defend, and hold harmless FAVE and its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Website, violation of these terms and conditions, or infringement of any third-party rights.
  • Third-Party Websites and Services:
    The Website may contain links to third-party websites or services that are not owned or controlled by FAVE. FAVE is not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that FAVE shall not be liable for any damages or losses arising from your use of or reliance on any third-party websites or services.

BREACH OF THIS TERMS AND CONDITIONS

  • Account Registration and Duration:
    Upon registration on our marketplace, your account will remain open indefinitely, contingent upon your adherence to these general terms and conditions.
  • Breach of Terms and Conditions:
    In the event of a breach of these general terms and conditions, or if we reasonably suspect such a breach, including violations of FAVE codes, policies, or guidelines, we retain the right to take appropriate measures, which may include:
    1. Temporarily suspending your access to our marketplace.
    2. Permanently prohibiting your access to our marketplace.
    3. Blocking computers associated with your IP address from accessing our marketplace.
    4. Contacting your internet service providers to request blocking of your access to our marketplace.
    5. Suspending or deleting your account on our marketplace.
    6. Initiating legal action against you, whether for breach of contract or any other applicable legal remedies.
  • Non-Circumvention of Suspension or Prohibition:
    If we suspend, prohibit, or block your access to our marketplace, or a portion thereof, you are strictly prohibited from taking any actions to bypass or evade such suspension, prohibition, or blocking. This includes but is not limited to creating and/or utilizing an alternative account. These actions are necessary to safeguard the integrity of our marketplace, protect the rights of other users, and ensure compliance with our terms and conditions. By utilizing our marketplace, you acknowledge and agree to comply with these provisions, understanding that any violation may result in the suspension or termination of your account, as well as potential legal consequences.

ENTIRE AGREEMENT

These general terms and conditions and the FAVE codes policies and guidelines (and in respect of merchants the merchant terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace.

  • No Waiver:
    The waiver of any breach of a provision in these general terms and conditions does not imply a waiver of any other breach of that provision or any breach of any other provision in these general terms and conditions.
  • Severability:
    If any court or competent authority determines that a provision in these general terms and conditions is unlawful and/or unenforceable, the remaining provisions will remain in effect. If a provision in these general terms and conditions would be lawful or enforceable if a part of it were deleted, that part will be considered deleted, and the rest of the provision will remain in effect.
  • Assignment:
    You agree that we may assign, transfer, subcontract, or otherwise deal with our rights and/or obligations under these general terms and conditions. Without our prior written consent, you may not assign, transfer, subcontract, or otherwise deal with any of your rights and/or obligations under these general terms and conditions.
  • Law and Jurisdiction 25.1.
    These general terms and conditions are governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any disputes relating to these general terms and conditions are subject to the exclusive jurisdiction of the courts of competent jurisdiction in Nigeria.
  • Our Company Details and Notices:
    You can contact us using the contact details provided in the contact section. For after-sales queries and disputes, you may contact our merchants by requesting their contact details from FAVE in accordance with the Return and Refund Policy, which ensures clear identification of the merchant. By using our marketplace, you consent to receive notices electronically from us. We may provide all communications and information related to your use of the marketplace electronically, either by posting on our website or application or by email to the email address associated with your account. Such communications will be considered notices in writing and will be deemed received and properly given to you.