Limitation of Liability
Effective Date: February 1, 2024
Last Updated: February 8, 2024
⚖️ Legal Protection Notice
This page outlines the maximum extent of liability that IGETAM DIGITAL COMMERCE LTD accepts under Nigerian law. By using the Platform, you agree to these limitations.
1. Platform Provided "AS IS"
🚫 NO WARRANTIES
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, whether express, implied, statutory, or otherwise, including but not limited to:
- ❌ Merchantability
- ❌ Fitness for a particular purpose
- ❌ Non-infringement of third-party rights
- ❌ Accuracy or reliability of content
- ❌ Uninterrupted or error-free operation
- ❌ Security or freedom from viruses
- ❌ Results or outcomes from Platform use
2. No Guarantee of Accuracy, Safety, or Reliability
IGETAM DIGITAL COMMERCE LTD does NOT guarantee:
- ✗ Accuracy of Listings: Product descriptions, prices, or availability may be incorrect
- ✗ Seller Legitimacy: Users may be fraudulent, dishonest, or untrustworthy
- ✗ Product Quality: Items may be defective, counterfeit, or misrepresented
- ✗ Transaction Success: Deals may fail, payments may be lost, items may not be delivered
- ✗ Safety of Meetings: In-person meetups carry inherent risks
- ✗ Platform Availability: Service may be interrupted, slow, or unavailable
- ✗ Data Security: User data may be compromised despite security measures
3. Maximum Liability Cap
⚖️ LIABILITY LIMITED TO ₦2,000
TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF THE FEDERAL REPUBLIC OF NIGERIA, the total aggregate liability of IGETAM DIGITAL COMMERCE LTD, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors for any and all claims, damages, losses, or causes of action arising from or related to:
- • Your use or inability to use the Platform
- • Any user content or conduct
- • Any unauthorized access to your data
- • Any transactions or interactions with other users
SHALL NOT EXCEED THE AMOUNT OF TWO THOUSAND NAIRA (₦2,000.00), being the maximum access fee paid by the user to the Platform.
4. Exclusion of Consequential Damages
🚫 NO LIABILITY FOR:
UNDER NO CIRCUMSTANCES shall IGETAM DIGITAL COMMERCE LTD or its affiliates be liable for:
Financial Losses:
- • Loss of profits, revenue, or income
- • Loss of business or business opportunities
- • Loss of anticipated savings
- • Loss of data or information
- • Payment disputes or non-payment
Personal Harm:
- • Personal injury, illness, or death
- • Physical assault or violence
- • Emotional distress or mental anguish
- • Property damage or destruction
Transaction Issues:
- • Fraud, scams, or theft by users
- • Defective, counterfeit, or illegal products
- • Non-delivery or failed delivery
- • Seller or buyer misconduct
Indirect/Consequential Damages:
- • Indirect, incidental, or consequential damages
- • Special or exemplary damages
- • Punitive damages
- • Loss of goodwill or reputation
5. Third-Party Actions
IGETAM DIGITAL COMMERCE LTD is NOT responsible for:
- • Actions, omissions, or conduct of other users
- • Content posted by users (listings, reviews, messages)
- • Links to third-party websites or services
- • Actions of payment processors, hosting providers, or service partners
- • Government actions, regulations, or legal changes
6. Force Majeure
The Platform is NOT liable for failures or delays caused by events beyond our reasonable control, including:
- • Natural disasters (floods, earthquakes, storms)
- • Pandemics or public health emergencies
- • War, terrorism, or civil unrest
- • Government actions, strikes, or labor disputes
- • Internet or telecommunications failures
- • Power outages or infrastructure failures
- • Cyberattacks, hacking, or data breaches
7. User Responsibility
✅ YOU ARE RESPONSIBLE FOR:
- Your Account: Security, actions taken under your credentials
- Your Listings: Accuracy, legality, and compliance
- Your Transactions: All dealings with other users
- Your Safety: Personal security during meetings
- Your Data: Backing up information you post
- Your Compliance: Following all laws and Platform policies
- Your Losses: Any damages arising from Platform use
8. Indemnification
You agree to indemnify, defend, and hold harmless IGETAM DIGITAL COMMERCE LTD and all affiliated parties from:
- • All claims, lawsuits, and legal actions brought by third parties
- • All damages, judgments, settlements, and awards
- • All costs, expenses, and legal fees (including attorney fees)
- • All liabilities arising from your use of the Platform
This indemnity survives termination of your account and applies even if the Platform is also named in a claim.
9. Dispute Resolution Priority
Before initiating legal action against IGETAM DIGITAL COMMERCE LTD, you agree to:
- Contact Us: Email legal@igetam.com with details of your concern
- Good Faith Negotiation: Attempt to resolve the issue amicably for 30 days
- Arbitration (if required): Submit to binding arbitration under Nigerian law
- Court (last resort): Lagos State courts have exclusive jurisdiction
10. Governing Law
This Limitation of Liability is governed by the laws of the Federal Republic of Nigeria, including but not limited to:
- • Nigerian Constitution
- • Consumer Protection Council Act (CPC Act) 1992
- • Federal Competition and Consumer Protection Act 2018
- • Cybercrimes (Prohibition, Prevention, Etc.) Act 2015
- • Nigeria Data Protection Regulation (NDPR) 2019
11. Severability
If any provision of this Limitation of Liability is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
12. Entire Agreement
This Limitation of Liability, together with the Terms of Use, Privacy Policy, and other incorporated policies, constitutes the entire agreement regarding liability limitations and supersedes all prior representations or understandings.
⚠️ ACKNOWLEDGMENT OF RISK
BY USING IGETAM MARKETPLACE, YOU ACKNOWLEDGE THAT:
- ✓ You have read and understood this Limitation of Liability
- ✓ You accept all risks associated with using the Platform
- ✓ You agree the Platform's liability is capped at ₦2,000
- ✓ You will not hold the Platform liable beyond this limit
- ✓ You understand transactions are at your own risk
Legal Questions?
Email: legal@igetam.com
Questions About Our Legal Terms?
If you have any questions about these legal documents, please contact us:
Email: legal@igetam.com
Support: support@igetam.com
Address: Lagos, Nigeria