Terms & Conditions
This document is an electronic record in terms of National Information Technology Development Agency Act, 2014 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the National Information Technology Development Agency Act, 2014. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Welcome to the Be Smart World’s website (the "Site"). These terms & conditions ("Terms and Conditions") apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. This website is owned and operated by Be Smart World. For the purposes of this website, "seller", "we", "us" and "our" all refer besmartsworld.com
USE OF THE SITE
Use of the besmartsworld.com Website is available only to persons who can form legally binding contracts under Nigerian governing laws. If you are a minor i.e. under the age of 18 years, you shall not register as a member/customer of besmartsworld.com and shall not transact or use besmartsworld.com website. As a minor if you wish to use or transact on besmartsworld.com, such use or transaction may be made by your legal guardian or parents who have registered as users of besmartsworld.com. besmartsworld.com reserves the right to terminate your membership and refuse to provide you with access to besmartsworld.com if it is brought to besmartsworld.com’s notice or if it is discovered that you are under the age of 18 years.
Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.
We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for personal items sold on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.
When You use the Website or send emails or other data, information or communication to Besmartsworld.com, You agree and understand that You are communicating with Besmartsworld.com through electronic records and You consent to receive communications via electronic records from Besmartsworld.com periodically and as and when required. Besmartsworld.com may communicate with you by email or by such other mode of communication, electronic or otherwise.
You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.
Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
Membership on Besmartsworld.com is free. Besmartsworld.com does not charge any fee for browsing and buying on Besmartsworld.com. However Besmartsworld.com reserves the right to charge fee and change its policies from time to time. In particular, Besmartsworld.com may at its sole discretion introduce new services and modify some or all of the existing services offered on Besmartsworld.com. In such an event Besmartsworld.com reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Besmartsworld.com. Unless otherwise stated, all fees shall be quoted in Nigerian Naira. You shall be solely responsible for compliance of all applicable laws including those in Nigeria for making payments to Besmartsworld.com.
Use of Besmartsworld.com Website www.Besmartsworld.com
You agree, undertake and confirm that your use of Besmartsworld.com shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which You does not have any right to.
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" or misleading in any way.
(c) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) harasses or advocates harassment of another person;
(e) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
(f) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(g) infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(h) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(i) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(j) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(l) contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
(m) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) solicits gambling or engages in any gambling activity which Besmartsworld.com, in its sole discretion, believes is or could be construed as being illegal;
(p) interferes with another user's use and enjoyment of Besmartsworld.com Website or any other individual's user and enjoyment of similar services;
(r) harm minors in any way;
(s) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(t) violates any law for the time being in force;
(u) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(v) impersonate another person;
(w) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(x) threatens the unity, integrity, defence, security or sovereignty of The Federal Republic of Nigeria, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(y) shall not be false, inaccurate or misleading;
(z) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Besmartsworld.com reserves the right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of Besmartsworld.com website, or any other systems or networks connected to Besmartsworld.com Website or to any Besmartsworld.com’s server, computer, network, or to any of the services offered on or through Besmartsworld.com Website, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of Besmartsworld.com website or any network connected to Besmartsworld.com website nor breach the security or authentication measures on Besmartsworld.com website or any network connected to Besmartsworld.com Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Besmartsworld.com Website, or any other customer of Besmartsworld.com, including any Besmartsworld.com account not owned by you, to its source, or exploit Besmartsworld.com Website or any service or information made available or offered by or through Besmartsworld.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Besmartsworld.com Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Besmartsworld.com Website or Besmartsworld.com’s systems or networks, or any systems or networks connected to Besmartsworld.com.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Besmartsworld.com on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Besmartsworld.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Besmartsworld.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Besmartsworld.com.
It is possible those other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Besmartsworld.com and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Besmartsworld.com, and that the recipient may use such information to harass or injure you. Besmartsworld.com does not approve of such unauthorized uses but by using the Besmartsworld.com Website you acknowledge and agree that Besmartsworld.com is not responsible for the use of any personal information that you publicly disclose or share with others on Besmartsworld.com. Please carefully select the type of information that you publicly disclose or share with others on Besmartsworld.com.
Besmartsworld.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Use shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any or all of your rights granted under the Terms and Conditions of Use.
Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.
Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.
If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Be Smart World in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.
CONTENT POSTED ON SITE
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on Besmartsworld.com is owned, controlled or licensed by or to Besmartsworld.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Besmartsworld.com products and services purposely made available by Besmartsworld.com for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
TERMS AND CONDITION OF SALE
You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. You agree that if you are unsure of the meaning of any part of the Terms and Conditions of Sale, you will not hesitate to contact us for clarification prior to making a purchase.
These Terms and Conditions of Sale fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.
PAYMENT AND PRICING
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
Orders above 100,000 Naira must be paid for before processing.
NB: Please never pay to any person account claiming to represent us.
LIABILITY OF PARTIES ON THE BE SMART WORLD MARKETPLACE
We also operate a marketplace which is open for third-parties to sell their products on our website. None of the products listed on the Be Smart World Marketplace are owned or sold by us, neither are we involved in the actual sale transaction between the buyers and sellers on the Be Smart World Marketplace.
The buyer and seller agree that we would be held free from any liability in contract, pre-contract or other representations in tort, for all transactions conducted on the Be Smart World Marketplace.
This Site is only for delivery of products to customers within Nigeria with time we would cover worldwide. We make every effort to deliver goods within the estimated timescales set out on our Site; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.
You agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
Our Return Policy is as contained in the document titled “Return Policy” on our Site.
RISK OF LOSS
All items purchased from Besmartsworld.com are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with Besmartsworld.com until the item is transferred to You. In the event that the items are damaged after receipt, the risk falls on the customer.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to support@Besmartsworld.com or to our office at Be Smart World, Asaba Mall + Shoprite, Inter Bua Roundabout Asaba, Delta State.