TERMS AND CONDITIONS OF USE
Thank you for visiting https://savvygardens.ng/ (the “Website”). The Website enables connections and exchanges between buyers of Agricultural Products (individually or in groups) seeking to buy Agricultural Products (the “Buyers”); and sellers of Agricultural Products seeking to sell Agricultural Products (Product) (the “Sellers”); by providing an online-connecting platform that enables the sale, purchase, payment and delivery of the Product(s). (the “Services”).
- USE OF WEBSITE
These Terms and Conditions constitute a contract between you and Savvy Horticultural Garden Centre.
This Website is operated by Savvy Horticultural Garden Centre (collectively, “Savvy Gardens”, “We”, “Us” or “Our”), a limited liability company duly incorporated in accordance with the laws of the Federal Republic of Nigeria. Your access and use of our Website or (collectively, “Website”) and the offered services, tools and information thereof shall be conditioned upon your acceptance of all terms, conditions, statements and notices provided herein (the “Provisions”).
By your access, reading/browsing and usage of our Website and its content, you convey to Us your understanding and acceptance of Our terms and conditions of usage and your agreement to be entirely bound by the same without exception or amendment.
These Provisions are applicable to all users of this Website, including, without exception to buyers, sellers and third-party users who might visit or contribute content to this Website. If you do not understand or accept any of the provisions, you agree to contact us immediately to provide further clarification. Otherwise, you must cease usage of this Website and any of its services promptly.
You understand, acknowledge and agree that Savvy Gardens only provides an online-connecting platform that facilitates the sale, purchase, payment and delivery of the Product(s). Where a Buyer identifies a Seller of interest and decides to engage his services, both parties shall be deemed to enter into and be bound by a separate contractual relationship which shall, without limitation and for all purposes, be between the Buyer and Seller solely, and for the avoidance of doubt, Savvy Gardens shall neither be a party to such contract nor shall it bear any responsibility or liability arising from or in relation to such contract. Each service provided by the Seller to the Buyer constitutes an independent and separate contractual relationship between the Buyer and Seller solely, to the exclusion of Savvy Gardens.
Your eligibility to use this Website is dependent upon your acceptance of the following conditions:
- You must be a legal entity or aged 18 or above, and therefore qualified to enter into binding contractual obligations, at the time of registration on this Website. By using this website and by agreeing to these terms and conditions, you hereby warrant and represent that you are at least 18 years of age. Where you are under the requisite age of 18, you expressly confirm that you are not accessing the Website without the consent, presence and guidance of your parent(s) or guardian acceptable at law.
- You are not permitted to use this Website for any unlawful, illegal, illicit, fraudulent, harmful or prohibited or unauthorized purposes or activities.
- You are not permitted to use this Website for any purpose or activity that threatens or exposes Savvy Gardens to court actions, unfavourable court judgments or decisions, protests, regulatory fines and inquests, penalties, damages or liability or reputational damage;
- To this effect, and in addition to other responsibilities, you shall not transmit any viruses, worms or codes in any format to this Website; hinder the features and functionalities of this Website, its inherent software programs or access our internal servers. This list shall remain inexhaustive but may be updated occasionally. This Website must not be used for advertising, collating data or carrying out of any unsolicited commercial marketing or communication, without our prior written consent.
- Savvy Gardens has the right to suspend, deny, prohibit or disrupt your access to, or use of, the Website or any service or feature thereof, where we suspect that such use or access violates or has violated or threatens to violate any applicable law; or these Terms and Conditions; or creates an actual or threatened risk to Savvy Gardens or any third party.
- USER ACCOUNT
The Buyer may choose to set up a “user account” through the website with no associated fees for registration, through which you will conduct all transactions. During the registration process, or as you continue to use the Website on an ongoing basis, you may be required to provide your personal and contact information, including but not limited to:
a. Your full name;
b. Your date of birth or date of incorporation or registration of your company/business name;
c. Your current address;
d. Your email address;
e. Your telephone number;
f. An indication of products being offered; if a Seller;
g. An indication of Services being sought; if a Buyer;
h Valid form of Identification.
Subsequent to submitting your personal information and generating your secret password, you will be directed to a two-step authentication process or other authentication process to enable the verification of your email address and activation of your User Account. You may be required from time to time to verify your User Account, mainly for security and privacy purposes. Upon completion of the registration process in the manner prescribed, you shall be regarded as a “Member” and shall accordingly be bound by the general Provisions of this terms and conditions.
Your Registration on this Website as a Buyer or as a Seller also indicates your express and whole acceptance for the portion of your profile related to your username or company name, location, services offered and ratings.
By registering a User Account, you give consent to us to send you emails confirming your request, details of your selected Product(s), payments due and receipts of payment received upon the processing of your payment.
You also consent to receiving occasional promotional emails and notifications from us. You may choose to cease receiving such promotional emails and notifications from us by opting to unsubscribe when prompted.
You also consent and agree that we may share your information with the Seller(s) or Buyer(s), as may be applicable, where we consider the sharing of such information to be absolutely necessary for the proper performance or provision of the services.
If at any material time during the subsistence of your Membership, any portion of your personal data initially provided to us at the time of the creation of your account or at the time of your registration, changes, you must notify Savvy Gardens immediately of such changes and you may complete an update to your information through the “My Account” or “My “Profile” section or other section similar in purpose, of the Website.
You shall ensure the optimal security and strict protection of your log-in information and of the computer and mobile devices as well as the communication or internet network you use to access our website.
We shall not be liable for any breach, misuse or unauthorized access of your log-in information or account, and you agree to hold us harmless and fully indemnify us in that regard as well as for any breach, costs, actions, loss or damages arising thereof.
- MEMBERSHIP OBLIGATIONS
Your continued membership shall be based upon your ability to comply with the terms set forth below:
As a Buyer, your User Account shall be used solely for the purpose of requesting, connecting, utilizing, paying for the product(s) and providing ratings and reviews of the quality of service(s) received from a Seller. You are not permitted to conduct any transactions without the knowledge and approval of Savvy Gardens and are hereby unauthorized to use this Website in any manner outside, or for any reason inconsistent with the services offered by Savvy Gardens, these Terms and Conditions, applicable legislations, laws, regulations, guidelines and best practices effective in Nigeria, which shall be classed as the relevant jurisdiction.
As a Seller, your User Account shall be solely used to offer your Services and be connected to Buyers and visitors of the Website, receive ratings and payments from Buyers for services completed. You are not permitted to conduct any transactions without the knowledge and approval of Savvy Gardens and are hereby unauthorized to use this Website in any manner outside, or for any reason inconsistent with the services offered by Savvy Gardens, these Terms and Conditions, applicable legislations, laws, regulations, guidelines and best practices effective in Nigeria, which shall be classed as the relevant jurisdiction.
As a Buyer or Seller, you hereby agree to provide us with only true, accurate and complete information in registering a User Account or while filling any online forms accessed on this Website. You shall use your best endeavors to update your information on this Website as they change, so as to ensure that the information which we hold of you accurately represents your state of affairs at any material time. It is your duty to ensure that you do not provide us with any false or misleading information; immediately correct any information that ceases to be true or represent the correct set of circumstances as it pertains to your services, skills and competencies, experience, location and status.
It is your duty to ensure the strict protection of your email address alongside the secret password generated on this Website. Upon discerning any suspicious activity, you must immediately contact our Customer Service Support or access the Website to select a new password. Should any other person access your account through your username and secret password, we shall hold every reasonable right to assume that you have granted, at your discretion, access to the third-party. You agree not to permit any third-party who does not meet the eligibility criteria to register an account by reason of age or other legal restrictions to use your User Account at any time.
You agree not to impersonate or operate the User Account of any other registered member at any material time. Neither at any time will you harass, threaten, intimidate or use any profane or obscene language against any other registered member or user of this Website. We maintain the right at our sole discretion to refuse, revoke or suspend your account/access to this Website and/or take legal actions against you should you be found engaged in any such listed acts.
Payment on this website or our mobile application shall be processed through our third-party payment partners, bank transfers, internet banking, or any other payment platforms otherwise listed in the payment section of this website. The services of trusted, reliable and secure online gateway platforms are used to process payments. Payment shall involve a direct remittance of the total price of product. The Product(s) shall only be delivered after payment has been made.
You agree that any debit or credit card you register on our Website or mobile application shall be subject to authentication checks and payment authorization by the financial institution and should payment be delayed or declined for any reason by such financial institution, we reserve the right to make demands for the amount owed and suspend or revoke your User Account until the amount in question is fully paid, plus interest at a rate to be solely determined by us, should the waiting period surpass two (2) business days.
By registering a User Account and payment method/information, you grant Savvy Gardens the legal rights to:
a. To charge such debit/credit card and other specified payment information as appropriate.
Savvy Gardens may subsequently, at its discretion and as it considers practicable, make provision for subscription packages to be made available to Buyers.
The buyer shall be charged an additional fee for delivery. The cost of delivery shall be invoiced separately and added to the total cost of the goods at the check out section.
- RETURN AND REFUND
Returns and refunds shall be in accordance with our Returns and Refund Policy, available on our Website and accessible at [insert link to Returns and Refunds Policy], which the Buyer hereby confirms it has read and accepted
- INFORMATION AVAILABLE ON THIS WEBSITE
Information available on this Website has been carefully vetted in a manner accordant with industry best practices and is presented for your information only. Accordingly, you accept that no such information implies a warranty, covenant or representation by us of its correctness or validity and therefore should not be taken as so by you nor should it be employed as a basis for your reliance on any portion thereof.
Although we take necessary measures to confirm the veracity of statements presented to us by the Sellers in respect of quality of service and experience garnered in performing same, we nonetheless do not aver any warranties or representations, express or implied, regarding the quality of the Product(s) or level of experience proclaimed by any Seller and shall bear no liability if such quality of service appears to fall short of expectation.
We desire for our Website to be entirely accessible and running invariably. Nevertheless, we cannot reasonably warrant that this shall always be the case. By using our Website, mobile site or application, you acknowledge our right to performregular maintenance and improvement checks that may occasionally disrupt the use, speed and general functionality of our Website. You additionally accept our right to disable our Website temporarily or permanently for any reason including those outside our control, without prior notice given to you.
- THIRD PARTY LINKS
We shall bear no responsibility or liability for any third-party links from or leading to this Website. You access these third-party links at your own risk and discretion. Thus, we are not responsible for the content of any website outside our website. You shall not create links to this Website or its home page without our express approval in written form.
- INDEMNIFICATION AND LIABILITY
You agree to indemnify, defend and deem Savvy Gardens, our associates, agents, affiliates, officers, employees, directors, contributors and licensors faultless, without liability and free from any claims, liabilities, demands, expenses, costs, losses, legal fees and damages that may arise as a result of, or in connection to your use of this Website or a breach of these Terms and Conditions or any applicable law or policy; or in connection with the actions or inactions of a seller or buyer, or in respect of a sale or purchase by means of our Website..
In the event of any willful or negligent default in relation to any of the provisions herein set forth, you accept to be held liable for any damages, losses, indemnities that may accrue immediately or at a future date against Savvy Gardens, our partners, agents and/or affiliates. We equally reserve the express right, at our sole discretion to refuse, revoke or suspend your access to the use of our Website or any of our Services at anytime without paying compensation to you.
You also represent, warrant and agree that we shall not be held responsible or made liable for any damages or injury which may arise as a result of any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure and defect in the information, content, materials, software or other services included on or otherwise made available through our Website.
Our maximum liability to you in respect to the use of our site or any service we make available through our Website will be limited to the amount paid for any such Product that led to the liability. You further represent and warrant that we have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
- REPRESENTATIONS AND WARRANTIES
You represent and warrant that in the process of utilizing or rendering a Service, you must adhere to all applicable Legislations, Laws, Rules, Principles and best online practices in good faith, including but not limited to all Intellectual Property laws.
You represent and warrant that all agreements, disclosure, notices and any other type of communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.
By using our service, you warrant that you own a valid debit or credit card or any other relevant and legally admitted payment method issued in your name by a licensed, existing and functioning financial institution in Nigeria.
You hereby warrant and represent that you are lawfully permitted to perform payments using the listed debit/credit card and/or any other payment method approved by Savvy Gardens. You equally confirm that you are legally permitted by the card issuer or applicable laws to provide us with your listed payment method/information and that doing so does not overstep any existing agreements, express or implied, you may have with the card issuer/financial institution.
You hereby warrant and covenant that your debit/credit card or other payment method shall be sufficiently funded at all times prior to completing any transaction and that you will not initiate any requests without the certainty of credit available to complete your transactions to the value of the amount owed.
- INTELLECTUAL PROPERTY
You agree that your use of this Website or our mobile application is predicated on your acknowledgement of our Intellectual Property rights and database rights.In accordance with this, this Website, its content, logos, graphics, text, images, video images, icons, design features, scripts, audio files in addition to services offered and all materials therein are protected by extant copyright laws in Nigeria and international treaties to which Nigeria is a party thereto. Your use of such material is permissible only by our express authority.
You will therefore be in violation of applicable laws, including but without limitation to, The Trademarks Act, Cap. T13, Laws of the Federation of Nigeria, 2004 and The Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004 should you or through a third party, make use, copy, publish, reproduce, transmit, display, distribute or use for any commercial purposes any material presented on our Website or mobile application without appropriate authorization granted by us.
In circumstances where you upload, publish, broadcast or distribute your content on this Website or our mobile application, you grant Savvy Gardens the non-exclusive, transferrable, irrevocable and perpetual rights to upload, publish, broadcast or distribute to a third-party and/or edit your content as we deem fit.
By virtue of your use of this Website, we grant you an entirely revocable, limited, non-transferable and non-exclusive license to use our Website and mobile application so long as your use falls within the ambit of these Terms and Conditions of use. Your use of this Website on behalf of a third party without express authorization from us is strictly prohibited.
- DATA PROTECTION
Subject to remedies available at law to both parties, we, reserve the exclusive right, without notice to you to terminate the above-listed provisions and may revoke the rights that have been granted in the use of this Website or our mobile application should you be found to be in breach of any of the provisions of these Terms and Conditions.
In the event that any such termination occurs, you are not authorized to, and must immediately halt all access to, and your use of, this Website or our mobile application. Your User Account, accompanying password and any other information provided to you by virtue of your registration on this Website or our mobile application shall immediately be withdrawn and revoked.
Our right to terminate this agreement shall not affect or inhibit the performance of existing obligations of either or both parties, arising before the date of termination. Such obligations shall be expected to be performed as they would have been, had the termination not arisen.
Savvy Gardens reserves the right, at our sole discretion, to revise, change, add or delete portions of these Provisions at any time without prior notification. You therefore bear the responsibility to regularly consult these Provisions for any changes that we might implement, as the need to do so arises. Any modifications to the Provisions shall take effect upon the date they are published. Your continued use of this Website following such changes both indicate and constitute your acceptance to be bound by the revised modifications once uploaded to this Website.
In the event any provision of this terms and conditions shall be found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this terms and conditions, all of which shall remain in full force and effect. The Parties agree to replace any invalid provisions with other provisions valid in form and substance and which shall accomplish as nearly as possible, the purpose and intent of the invalid provisions.
- FORCE MAJURE
We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation to strikes, lock outs or other industrial disputes, breakdown of systems or network access, fire explosion or accident, outbreak of a pandemic or an epidemic.
- ENTIRE AGREEMENT
These terms and conditions, together with our policies and the Seller’s terms and conditions, all generally accessible at [insert general link to all policies and terms and conditions] set out the whole of our agreement relating to the use of our website. Therefore, in the event of a dispute, claim or difference, no other external or implied evidence in whatsoever form presented shall be accepted as forming a part of these provision.
No promises, assurances or information provided by any Seller should be understood or construed as a variation of these terms and conditions or as an authorised representation about the nature or quality of any service offered on our website and we shall have no liability for any such representation being untrue or misleading.
The contentment of our clients forms the very core of our business. If you wish to lay any complaints, please contact our Customer Service at our email address, email@example.com and one of our team members will be delighted to assist with resolving your complaint.
- DISPUTE RESOLUTION
Any dispute arising out of or in connection with this Agreement or the breach, termination or invalidity thereof (a “Dispute”) shall, to the extent possible be settled amicably by negotiation and discussion between the Parties.
Where Parties are unable to resolve the Dispute amicably in the foregoing manner, either party shall be at liberty to institute legal proceedings in a Court of competent jurisdiction thereof.
Notwithstanding the preceding provisions, Savvy Horticultural Garden Centre reserves the right to immediately proceed to Court where the need to obtain an injunctive relief is imperative.
- Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by the Law of the Federal Republic of Nigeria.
*Thank you for taking the time to read our Terms and Conditions.