1. Introduction

Welcome to www.warenext.ng! These Terms of Use (“Terms” or “Agreement”) set out the terms and conditions governing your access to and use of the Warenext.ng website, mobile applications, all associated services and other portals owned, operated, branded or made available by Warenext.ng from time to time (collectively, “Weflex Services or Services”). The Users in these Terms are referred to as “you”, “your”, “Supplier”, “Customer” or “User” hereinafter; and Warenext.ng is referred to as “we”, “our” hereinafter. These Terms constitute a legally binding agreement between you and Warenext.ng (as defined below)

  1. About Warenext.ng

Warenext.ng is owned and operated by Weflex Logistics Limited. Warenext.ng is a marketplace that allows users to offer, sell and buy warehousing and logistic services. It is a one-stop-shop solution for warehousing, fulfilment, last mile delivery and freight. Being a marketplace, it acts as an aggregator – an intermediary providing an e-structure that enables buyers and sellers of services to connect and transact business. The actual Service Contract (“Supplier Service Terms”) is directly between you and the service provider (“Supplier) or purchaser of service (“Customer”).  Any guidance we provide as part of our Services, such as pricing, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the existence, quality, safety or legality of the services advertised; the truth or accuracy of Suppliers’ content or listings; the ability of warehousing/logistic companies to provide the services advertised; the ability of Customers to pay for such services; or that a purchaser or service provider will actually complete a transaction.

  1. Accepting these Terms

This Agreement sets out your rights and responsibilities when you use Weflex Services, so please read it carefully. By using any of our Services, even just browsing our website, you are agreeing to the Terms and that you will comply with all applicable laws and regulations when accessing or using our Services. If you do not agree with the Terms, you may not use our Services.

  1. Privacy

Please review our Privacy Policy [insert link to privacy policy], which also governs your use of Weflex Services, to understand our practices.

  1. Using Warenext.ng

We grant you a limited, non-exclusive, non-transferable, and revocable licence to use Weflex Services, subject to the provisions of this Agreement.

You may need to create an account with warenext.ng to use some of our Services, and you may be required to be logged in to your account and have a valid payment method associated with your account. If there is a problem charging your selected payment method, we may charge any other valid payment associated with your account.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account and password, and you agree to accept responsibility for all activities that occur under your account or password.

You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or a legal guardian with their appropriate permission and under their direct supervision. Children under the age of 13 years are not permitted to use our Services under no circumstances. You are responsible for any and all account activity conducted by a minor on your account.

In connection with using or accessing our Services, you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
  • fail to pay for services purchased by you, unless you have a valid reason as set out in a Warenext.ng policy, for example, the Supplier has materially changed the service description after you bid, a clear typographical error is made, or you cannot contact the Supplier;
  • fail to render services sold by you, unless you have a valid reason as set out in a Warenext.ng policy, for example, the Customer fails to comply with the posted terms in your listing or you cannot contact the Customer;
  • manipulate the price of any service or interfere with any other user’s listings;
  • post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • take any action that may undermine the feedback or ratings systems;
  • transfer your Warenext.ng account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Warenext.ng or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to collect data or other content from Warenext.ng or access our Services for any purpose, except with the prior express permission of Warenext.ng;
  • interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Warenext.ng. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Warenext.ng or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
  • commercialize any Warenext.ng application or any information or software associated with such application, except with the prior express permission of Warenext.ng;
  • harvest or otherwise collect information about users without their consent;
  • circumvent any technical measures used to provide the Services; or
  • violate or infringe anyone else’s rights.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

  1. Transactions Between Customers and Suppliers

Through our website, Warenext.ng provides electronic web-based platforms for exchanging information between Customers and Suppliers of services. Warenext.ng additionally provides electronic web-based transaction platforms for Users to place, accept, conclude, manage and fulfill orders for the provision of services online within our website.  However, for Weflex Services, Warenext.ng does not represent either the Supplier or the Customer in specific transactions. Warenext.ng does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the services offered for sale on our website, the ability of the Suppliers to render a service or the ability of Customers to complete a purchase. Warenext.ng is simply a host that connects Customers and Suppliers on the logistics, warehousing and freight services.

Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Warenext.ng uses several techniques to verify the accuracy of certain information our paying Users provide us when they register on our website. However, because user verification on the internet is difficult, Warenext.ng cannot and does not confirm each User’s purported identity. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.

Customers and Suppliers accessing or using our website or Services shall assume the risks of conducting any purchase and sale transactions in connection with or through our website or Services. Customers and Suppliers accessing or using our website or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the services that are the subject of the transactions on our website. Examples of such risks shall include, but are not limited to, mis-representation of services, fraudulent schemes, unsatisfactory service quality, failure to meet specifications, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract, frustration of contract, transportation accidents, the risk that the offer, display, purchase, sale and/or use of services offered or displayed on our website may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from other purchasers or third parties that have suffered injury from the loss of their products through services engaged through our website. All of the foregoing risks are referred to as “Transaction Risks”. Warenext.ng is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.

Customers and Suppliers on our website are solely responsible for setting out the terms, and performance of the terms and conditions of the transactions conducted on, through or as a result of use of our website or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

User agrees to provide all information and materials as may be reasonably required by Warenext.ng in connection with your transactions conducted on, through or as a result of use of our website or Services.

  1. Payment

Flowing from the understanding that Warenext.ng is an aggregator of Suppliers of specific services and Customers who are interested in purchasing such services, our payment policy is tailored after an end-to-end user pattern, to better suit the nature of Weflex Services. Thus, payment plans with regards to services rendered on Warenext.ng will be mutually agreed and concluded between the Customer and Supplier.

We earn commissions from the Transactions between Users, please refer to our Description of Services, Supplier Terms or Customer Terms (insert link) for more details.

  1. Content

Warenext.ng provides functionality that enables Users to make available Content and Ideas in connection with the Warenext.ng website. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any Warenext.ng website. You represent and warrant that you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use; and such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

You grant to Warenext.ng a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Warenext.ng is free to use any Ideas for any purpose. Warenext.ng may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Warenext.ng is, and will be, under no obligation to maintain any Content or Idea in confidence; to pay any compensation for any Content or Idea; or to respond to any Content or Idea. You grant to Warenext.ng the right to use any name associated with any Content or Idea that you make available to Warenext.ng, although Warenext.ng has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

You agree that you will not make available Content in connection with the Warenext.ng that:

  • is false, fraudulent, inaccurate, or misleading;
  • contains your full name(s), or any other confidential personally identifiable information of yourself or others;
  • violates any local, state, federal, or international laws or is otherwise tortious;
  • is protected by or would infringe on the rights of others (including Warenext.ng), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
  • is obscene, indecent, pornographic, or otherwise objectionable;
  • is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Warenext.ng in its sole discretion;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
  • contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Warenext.ng;
  • contains or relates to chain letters or pyramid schemes;
  • impersonates another business, person, or entity, including Warenext.ng, its related entities, employees, and agents;
  • violates any policy posted on the Warenext.ng website; or
  • is intended to cause harm, damage, disable, or otherwise interfere with the Warenext.ng website or our partners.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including Warenext.ng users). You may use that content solely in your Warenext.ng listings. Warenext.ng may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that Warenext.ng is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a Supplier, you agree to ensure that content directly associated with your listings is accurate.

  1. Refunds

Suppliers can create rules to automate replacements and refunds under certain circumstances. Supplier-own rules shall provide for and cover refunds concerning services not properly or fully carried out. These individual rules are subject to the consent of the Customers.

  1. Termination

You may terminate your account with Warenext.ng at any time from your account settings. Terminating your account will not affect the availability of some of your Content that you posted through the Services prior to termination. Termination does not also affect already accrued obligations such as payment of any outstanding bills. Provision of Services to you ceases immediately upon your termination.

We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Warenext.ng may refuse service to anyone, at any time, for any reason.

If you or Warenext.ng terminate your account, you may lose any information associated with your account, including Your Content.

Warenext.ng reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes, suspension, discontinuance or termination of the Services may have on you, including your income or your ability to generate revenue through the Services.

The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

  1. Intellectual Property

All content included in or made available through any Warenext.ng website and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Warenext.ng or its content suppliers and protected by Nigerian and international copyright laws. The compilation of all content included in or made available through any Warenext.ng and Services website is the exclusive property of Warenext.ng and protected by Nigerian and international copyright laws.

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Warenext.ng website and Services are trademarks of Weflex Logistics Limited in Nigeria and other countries. Weflex Logistics Limited’s trademarks may not be used in connection with any product or service that is not Weflex Logistics Limited or Warenext.ng’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Weflex Logistics Limited or Warenext.ng. All other trademarks not owned by Weflex Logistics Limited that appear in any Warenext.ng website and Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Weflex Logistics Limited  or Warenext.ng.

One or more patents owned by Weflex Logistics Limited apply to the Warenext.ng website and Services and to the features and services accessible via the Warenext.ng website and Services. Portions of the Warenext.ng website and Services operate under license of one or more patents.

Subject to your compliance with these Terms of Use, and your payment of any applicable fees, Weflex Logistics Limited or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Warenext.ng website and Services. This license does not include any resale or commercial use of any Warenext.ng website and Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Warenext.ng website and Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Warenext.ng or its licensors, suppliers, publishers, rights holders, or other content providers. No Warenext.ng website and Services, nor any part of any Warenext.ng website and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Warenext.ng. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Warenext.ng without express written consent. You may not use any meta tags or any other “hidden text” utilizing Weflex Logistics Limited or Warenext.ng’s name or trademarks without the express written consent of Warenext.ng. You may not misuse the Warenext.ng website and Services. You may use the Warenext.ng website and Services only as permitted by law. The licenses granted by Weflex Logistics Limited or Warenext.ng terminate if you do not comply with these Terms of Use.

Warenext.ng respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for making a claim of copyright infringement provided for below.

  1. Disclaimer of Warranties, Limitation of Liability and Release

You understand that Warenext.ng does not directly perform or is not directly invested in the performance of any of the services listed on the website. We provide the venue; the services in our marketplaces are rendered by independent Suppliers, so Warenext.ng cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to a service you purchase must be brought directly against the service provider. You release Warenext.ng from any claims related to services rendered through our Services, including for lost or stolen goods, misrepresentations by Suppliers, or non-delivery/late delivery of goods.

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Warenext.ng is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Warenext.ng is not a party to those agreements; they are solely between you and the third party.

Warenext.ng is dedicated to making our services the best they can be. You understand that our services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that: the services will be secure or available at any particular time or location; any defects or errors will be corrected; the services will be free of viruses or other harmful materials; or the results of using the services will meet your expectations. You use the services solely at your own risk.

To the fullest extent permitted by law, neither Warenext.ng, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Warenext.ng aggregate liability for any damages exceeding the greater of One Hundred Thousand Naira (₦100,000.00) or the amount you paid Warenext.ng in the past twelve months.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

  1. Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Weflex Services or your breach of any law or the rights of a third party.

  1. Disputes

You agree that this Agreement shall be construed and governed by the laws of the Federal Republic of Nigeria.

Where Customers and Sellers are unable to resolve a dispute related to a transaction on our websites or mobile apps, Warenext.ng will attempt to help resolve such disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Warenext.ng has no obligation to resolve any disputes. You release Warenext.ng from any claims, demands, and damages arising out of disputes with other users or parties.

You and Warenext.ng agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration. The arbitration shall be conducted before a single arbitrator held in Lagos, Nigeria in English and governed by Nigerian law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is a legal practitioner of at least five years post call, who has experience in the information technology field in Nigeria and is independent of either party but jointly appointed by both parties. Notwithstanding the foregoing, Warenext.ng reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

  1. Notice and Procedure for making a claim of copyright infringement

If you have any complaints with respect to the infringement of your copyright, kindly write to the following address: Warenext.ng 43/45 Imam Dauda Street, Surulere, Lagos State.

Where you believe that your intellectual property has been infringed upon on our website, please notify us by email to [email protected]. We respond to all concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We request that you provide the following information along with your complaint:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work for the purposes of the complaint;
  • A proper description of the copyrighted work claimed to have been infringed;
  • A description of the location of the infringing material on our Website;
  • Your address, telephone number or e-mail address;
  • A statement made by the complaining party that he has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or by law; and
  • A statement deposed to under oath, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the copyright owner. Please note that this procedure is exclusively for notifying Warenext.ng that your copyrighted material has been infringed.
  1. Force Majeure

Under no circumstances shall Warenext.ng be held liable for any delay or failure or disruption of the Services accessed or delivered through our website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, acts of God including but not limited to flood, storms, explosions, endemics, epidemics, pandemic, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

  1. General

If any provision or terms of this Agreement is found to be void, invalid, illegal or unenforceable, such provision shall be severed from this Agreement to the extent of such invalidity or unenforceability. The other terms and provisions of this Agreement shall however, remain in full force and effect as if this Agreement had been entered into without the offending provision appearing in it.

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

The Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Warenext.ng, and supersede all prior understandings and agreements of the parties.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Agreement. Such account is owned and controlled by the business entity.

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

  1. Contact Information

If you have any questions about the Terms, please email us at [email protected]