MYFITNESS SHOP Nigeria Limited (“MYFITNESSSHOP” or “we”) operates an ecommerce platform consisting of a website and mobile app together with supporting logistics and payment infrastructure, for the sale and purchase of consumer products in Nigeria (“territory”).
These general terms and conditions shall apply to buyers and sellers on the website and shall govern your use of the website and related services.
By using our website, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our website.
If you use our website in the course of a business or other organizational project, then by so doing you:
confirm that you have obtained the necessary authority to agree to these general terms and conditions;
bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and
agree that “you” in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.
2. Registration and account
You may not register if you are under 18 years of age (by using our website or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age).
You may register for an account on our website by completing and submitting the registration form on our website.
You represent and warrant that all information provided in the registration form is complete and accurate.
If you register for an account with our website, you will be asked to provide an email address/user ID and password and you agree to:
keep your password confidential;
notify us in writing immediately (using our contact details provided at section 23) if you become aware of any disclosure of your password; and
be responsible for any activity on our website arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.
You may cancel your account on our website by contacting us as provided at section 23.
3. Terms and conditions of sale
You acknowledge and agree that:
We provide a variety of goods online for buyers to purchase products;
A contract for the sale and purchase of a product or products will come into force between the buyer and us, and accordingly you commit to buying the relevant product or products, upon the confirmation of purchase via the website.
The price for a product will be as stated in the relevant product listing;
the price for the product includes all taxes and comply with applicable laws in force from time to time;
delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing;
products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by myfitnessshop to the buyer; and
myfitnessshop warrants that the we have good title to, and we are the sole legal and beneficial owner of, the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings
4. Returns and refunds
Returns of products by buyers and acceptance of returned products by myfitnessshop shall be managed by us in accordance with the returns page on the website, as may be amended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of the territory
Refunds in respect of returned products shall be managed in accordance with the refunds page on the website, as may be amended from time to time. Our rules on refunds shall be exercised in our discretion, subject to applicable laws of the territory. We may offer refunds, in our discretion:
in respect of the product price;
local and/or international shipping fees (as stated on the refunds page); and
by way of store credits, wallet refunds, vouchers, mobile money transfer, bank transfers or such other method as we may determine from time to time.
Returned products shall be accepted and refunds issued by Myfitnessshop.
Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website.
You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the website.
6. Use of website and mobile applications
view pages from our website in a web browser;
download pages from our website for caching in a web browser;
print pages from our website for your own personal and noncommercial use, providing that such printing is not systematic or excessive;
stream audio and video files from our website using the media player on our website; and
use our marketplace services by means of a web browser,
subject to the other provisions of these general terms and conditions.
Except as expressly permitted by section 6.2 or the other provisions of these general terms and conditions, you must not download any material from our website or save any such material to your computer
You may only use our website for your own personal and business purposes in respect of purchasing products.
Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not:
republish material from our website (including republication on another website);
sell, rent or sub-license material from our website;
show any material from our website in public;
exploit material from our website for a commercial purpose; or
redistribute material from our website.
Notwithstanding section 6.6, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.
We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
You must not:
use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
hack or otherwise tamper with our website;
probe, scan or test the vulnerability of our website without our permission;
circumvent any authentication or security systems or processes on or relating to our website;
use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
decrypt or decipher any communications sent by or to our website without our permission;
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
use our website except by means of our public interfaces;
violate the directives set out in the robots.txt file for our website;
use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
do anything that interferes with the normal use of our website.
7. Copyright and trademarks
Subject to the express provisions of these general terms and conditions:
we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
all the copyright and other intellectual property rights in our website and the material on our website are reserved.
Myfitnessshop 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.
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
8. Data Privacy
Buyers agree to processing of their personal data in accordance with the terms of myfitnessshop Privacy and Cookie Notice
9. Due diligence and audit rights
We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the website.
You agree to provide to us all such information, documentation and access to your business premises as we may require:
in order to verify your adherence to, and performance of, your obligations under this Agreement;
for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
as otherwise required by law or applicable regulation
10.. Limitations and exclusions of liability
Nothing in these general terms and conditions will:
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities or statutory rights that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this section 13 and elsewhere in these general terms and conditions:
are subject to section 10.1; and
govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions
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.
Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the marketplace shall constitute a separate contract for the purpose of this section 10.4.
Notwithstanding section 10.4 above, we will not be liable to you for any loss or damage of any nature, including in respect of:
any losses occasioned by any interruption or dysfunction to the website;
any losses arising out of any event or events beyond our reasonable control;
any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
any loss or corruption of any data, database or software; or
any special, indirect or consequential loss or damage.
We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
You hereby indemnify us, and undertake to keep us indemnified, against:
any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these general terms and conditions or the myfitnessshop codes, policies or guidelines; and
any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made on our website, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.
12. Breaches of these general terms and conditions
If we permit the registration of an account on our marketplace it will remain open indefinitely, subject to these general terms and conditions.
If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any myfitnessshop codes, policies or guidelines in any way we may:
temporarily suspend your access to our website;;
permanently prohibit you from accessing our website;
block computers using your IP address from accessing our website;
contact any or all of your internet service providers and request that they block your access to our website;
suspend or delete your account on our website; and/or
commence legal action against you, whether for breach of contract or otherwise.
Where we suspend, prohibit or block your access to our website you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13. Entire Agreement
These general terms and conditions and the Myfitnessshop codes, policies and guidelines shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website
We may revise these general terms and conditions, policies and guidelines from time to time.
The revised general terms and conditions shall apply from the date of publication on the website.
If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.
17. Third party rights
A contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party
The exercise of the parties’ rights under a contract under these general terms and conditions is not subject to the consent of any third party
18. Law and jurisdiction
These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.
Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory
19.. Our company details
The website is operated by MYFITNESSSHOP Nigeria Limited. We are registered in Nigeria under registration number RC1729956 , and our head office is at 1 Hakeem Dickson link road, lekki phase1, Lagos. You can contact us by using our contact form.