1. Contractual
Relationship.
These Terms of Use (“Terms”) govern the access or use by
you, an individual, from within any country in the of applications, websites,
content, products, and services (the “Services”) made available by Kahoja
Property and Tech Services Ltd. ‘Parent Company; a private limited liability
company established in Nigeria, having its offices at 21 Road, G1 Close, House
2B, Festac Town, Lagos, Nigeria registered at the Corporate Affairs Commission
under number 1831535 (“Kahoja Property and Tech Services Ltd”).
Your
access and use of the Services constitute your agreement to be bound by these
Terms, which establishes a contractual relationship between you and Kahoja
Property and Tech Services Ltd. If you do not agree to these Terms, you may not
access or use the Services. These Terms expressly supersede prior agreements or
arrangements with you. Kahoja Property and Tech Services Ltd may immediately
terminate these Terms or any Services concerning you, or generally, cease
offering or deny access to the Services or any portion thereof, at any time for
any reason.
Kahoja Property and Tech Services Ltd may amend the Terms
related to the Services from time to time. Amendments will be effective upon
Kahoja Property and Tech Services Ltd.’s posting of such updated Terms at this
location or the amended policies on the applicable Service. Your continued
access or use of the Services after such posting constitutes your consent to be
bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services are as provided in Kahoja Property and Tech Services Ltd.’s Privacy Policy located at https://www.9jakitchen.com/privacy. Kahoja Property and Tech Services Ltd may provide to a claim’s processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute, or conflict, which may include an accident, involving you and a Third-Party Provider (including a delivery rider) and such information or data is necessary to resolve the complaint, dispute, or conflict.
By using the 9jakitchen.com website (“9jakitchen” or the
“Site”), a service of Kahoja Property and Tech Services Ltd., you (the “user”
or “you”) agree to be bound by the following terms and conditions (the “Terms
of Use” or the “Agreement”), including those available by hyperlink. If you
have any questions, please refer to the Help section of the Site. Before you
may become a member of 9jakitchen, you must read and accept all the terms and
conditions in, and linked to, the Agreement. The Agreement is effective on
April 8, 2023, for current users and upon acceptance for new users.
2. Membership
Eligibility
Age: 9jakitchen.com’s services are available only to, and
may only be used by, individuals who are 18 years and older and who can form
legally binding contracts under applicable law. Individuals under the age of 18
can use this service only in conjunction with and under the supervision of a
parent or legal guardian. In this case, the adult is the user and is
responsible for all activities.
Compliance: You agree to comply with all local laws
regarding online conduct and acceptable content. You are responsible for all
applicable taxes. In addition, you must abide by 9jakitchen.com’s policies as
stated in the Agreement and 9jakitchen.com’s Privacy Policy.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify 9jakitchen.com of any unauthorized use of your password or any breach of security. You also agree that 9jakitchen.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. Account Transfer: You may not transfer or sell your 9jakitchen.com account and User ID to another party. If you are registering as a business entity, you guarantee that you have the authority to bind the entity to this Agreement. Right to Refuse Service: 9jakitchen.com’s services are not available to temporarily or indefinitely suspended 9jakitchen.com members. 9jakitchen.com reserves the right, in 9jakitchen.com’s sole discretion, to cancel unconfirmed or inactive accounts. 9jakitchen.com reserves the right to refuse service to anyone, for any reason, at any time.
3. Registration
i. You are
required to register as a User before completing any order through this
application. During the registration, you are required to provide accurate,
complete, and up-to-date registration information (Name, E-mail, and Phone
number). You must safeguard your username and password.
ii. You
authorize us to assume that any person using the application with your username
and password is either you or is authorized to act for you.
iii. 9jakitchen.com
has the absolute discretion to refuse the registration of a potential customer
and to terminate the registration of any customer for any reason whatsoever.
iv. You should inform us immediately of any changes to the information that you provided so that we can communicate with you effectively.
4. The
Services.
9jakitchen acts as a venue to allow users who comply with
9jakitchen’s policies to offer, sell, and buy certain food and related goods
within a fixed price format. 9jakitchen is not directly involved in the
transaction between buyers and sellers. As a result, 9jakitchen has no control
over the quality, safety, morality, or legality of any aspect of the items
listed, the truth or accuracy of the listings, or the ability of sellers to
sell items. 9jakitchen does not pre-screen users or the content or information
provided by users. 9jakitchen cannot ensure that a buyer or seller will
complete a transaction.
Consequently, 9jakitchen does not transfer legal ownership
of items from the seller to the buyer. 9jakitchen cannot guarantee the
identity, age, and nationality of a user. 9jakitchen encourages you to
communicate directly with potential transaction partners through the tools
available on the Site.
You agree that 9jakitchen is a venue and as such is not
responsible or liable for any content, for example, data, text, information,
usernames, graphics, images, photographs, profiles, audio, video, items, and
links posted by you, other users, or outside parties on 9jakitchen. You use the
9jakitchen service at your own risk.
9jakitchen does not guarantee same-day shipping on any
order. The shipping guidelines published on this website are not guarantees of
a shipping or arrival date, they are estimates.
5. Content.
Kahoja Property and Tech Services Ltd grants you a limited,
non-exclusive, non-sublicensable, revocable, non-transferrable license to:
(i) access
and use the Applications on your device solely in connection with your use of
the Services; and
(ii) access
and use any content, information and related materials that may be made
available through the Services, in each case solely for your personal,
non-commercial use. Any rights not expressly granted herein are reserved by
Kahoja Property and Tech Services Ltd and Kahoja Property and Tech Services
Ltd.’s licensors.
Listing Description: By listing an item on the Site you
warrant that you and all aspects of the item comply with 9jakitchen’s policies.
You also warrant that you may legally sell the item. You must accurately
describe your item and all terms of sale in your 9jakitchen shop. Your listings
may only include text descriptions, graphics, pictures, and other content
relevant to the sale of that item. All items must be listed in an appropriate
category with appropriate tags. Each listing must accurately and completely
describe the item/items for sale in that listing.
We accept payments via your Debit/Credit Card, 9jakitchen
Wallet, Bank Transfers, and Cash on Delivery.
All product prices listed are in Naira for Nigerian customers and other countries' currency for customers from the countries we are present.
To provide secure online commerce transactions, we employ the Internet's Secure Sockets Layer (SSL) technology. It encrypts your personal
information, including credit card number, name and address, so that it would
not be read as the information travels over the Internet.
There is no limit to purchasing on this application if you
pay by 9jakitchen Wallet, Bank Transfers, Debit/Credit Card or Cash on
Delivery.
Your offer to purchase made on 9jakitchen shall be subject
to our sole discretion and may not be accepted subject to the availability of
stock. A final and conclusive invoice will be presented to you upon delivery.
9jakitchen may from time to time set credit limits for
individual customers and 9jakitchen reserves the right to limit sales including
the right to decline sales to any customers.
9jakitchen reserves the right to change the payment terms
for any order without prior notice.
8. Prohibited
Activities
You are solely responsible for your conduct and activities
on and relating to 9jakitchen and all data, text, information, usernames,
graphics, images, photographs, profiles, audio, video, items, and links
(together, “Content”) that you submit, post, and display on 9jakitchen.
Restricted Activities: Your Content and your use of 9jakitchen shall not:
(i) Be
false, inaccurate, or misleading.
(ii) Be
fraudulent or involve the sale of illegal, counterfeit, or stolen items.
(iii) Infringe
upon any third party’s copyright, patent, trademark, trade secret or other
proprietary or intellectual property rights or rights of publicity or privacy.
(iv) Violate
this Agreement, any site policy or community guidelines, or any applicable law,
statute, ordinance or regulation (including, but not limited to, those
governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising).
(v) Contain
items that have been identified by the Federal Competition & Consumer
Protection Agency U.S. Consumer Products Safety Commission (FCCPC) as hazardous
to consumers and therefore subject to a recall.
(vi) Be
defamatory, trade libellous, unlawfully threatening, harassing,
impersonate or intimidate any person (including 9jakitchen staff or other
users), or falsely state or otherwise misrepresent your affiliation with any
person, through for example, the use of a similar email address, nicknames, or
creation of a false account(s) or any other method or device.
(vii) Be obscene
or contain child pornography.
(viii) Contain or
transmit any code of a destructive nature that may damage, detrimentally
interfere with, surreptitiously intercept, or expropriate any system, data, or
personal information.
(ix) Host
images are not part of a listing.
(x) Link
directly or indirectly, reference or contain information about goods or
services offered externally to 9jakitchen.
(xi) Modify,
adapt, or hack 9jakitchen or modify another website to falsely imply that it is
associated with 9jakitchen.
(xii) Appear to
create liability for 9jakitchen or cause 9jakitchen to lose (in whole or in
part) the services of 9jakitchen’s ISPs or other suppliers.
(xiii) Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on 9jakitchen
Furthermore, you may not list any item on 9jakitchen.com (or
consummate any transaction that was initiated using 9jakitchen’s service) that,
by paying to 9jakitchen the commission or transaction fee, could cause
9jakitchen to violate any applicable law, statute, ordinance, or regulation, or
that violates the Terms of Use.
9. Information
Control
9jakitchen does not control the Content provided by users
that are made available on 9jakitchen. You may find some Content to be
offensive, harmful, inaccurate, or deceptive. There are also risks of dealing
with underage persons or people acting under false pretence.
Additionally, there may also be risks in dealing with
international trade and foreign nationals. By using 9jakitchen, you agree to
accept such risks and that 9jakitchen (and 9jakitchen’s officers, directors,
agents, subsidiaries, joint ventures, and employees) is not responsible for all
acts or omissions of users on 9jakitchen. Please use caution, and common sense,
and practice safe buying and selling when using 9jakitchen.
Other Resources: 9jakitchen is not responsible for the
availability of outside websites or resources linked to or referenced on the
Site. 9jakitchen does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from such
websites or resources. You agree that 9jakitchen shall not be responsible or
liable, directly, or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of or reliance on any such content,
goods, or services available on or through any such websites or resources.
10. Resolution
of Disputes and Release
In the event a dispute arises between you and 9jakitchen,
please contact 9jakitchen.com using our contact form or contact details
provided on the site. Should you have a dispute with one or more users, or an
outside party, you release 9jakitchen (and 9jakitchen’s officers, directors,
agents, subsidiaries, joint ventures, and employees) from all claims, demands
and damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of
or in any way connected with such disputes. 9jakitchen encourages users to
report user-to-user disputes to their local law enforcement, postmaster
general, or a certified mediation or arbitration entity, as applicable.
9jakitchen, for the benefit of users, may try to help users
resolve disputes. 9jakitchen does so at 9jakitchen’s sole discretion, and
9jakitchen has no obligation to resolve disputes between users or between users
and outside parties. To the extent that 9jakitchen attempts to resolve a
dispute, 9jakitchen will do so in good faith based solely on 9jakitchen’s
policies. 9jakitchen will not make judgments regarding legal issues or claims.
11.
9jakitchen’s Intellectual Property
9jakitchen and other 9jakitchen graphics, logos, designs,
page headers, button icons, scripts, and service names are registered
trademarks, trademarks or trade dress of Kahoja Property and Tech Services Ltd.
in Nigeria. and/or other countries. 9jakitchen’s trademarks and trade dress may
not be used, including as part of trademarks and/or as part of domain names or
email addresses, in connection with any product or service in any manner that
is likely to confuse.
12. Access and
Interference
Much of the information on 9jakitchen is updated on a
real-time basis and is proprietary or licensed to 9jakitchen by 9jakitchen’s
users or third parties. You agree that you will not use any robot, spider,
scraper or other automated means to access 9jakitchen for any purpose without
9jakitchen’s prior express written permission. Additionally, you agree that you
will not:
(i) Take any
action that imposes, or may impose, in 9jakitchen’s sole discretion, an
unreasonable or disproportionately large load on 9jakitchen’s infrastructure
(ii) Copy,
reproduce, modify, create derivative works from, distribute or publicly display
any user Content (except for your Content) from the Site without the prior
expressed written permission of 9jakitchen and the appropriate third party, as
applicable
(iii) Interfere
or attempt to interfere with the proper working of the Site or any activities
conducted on the Site
Without limiting any other remedies, 9jakitchen may, without
notice, and without refunding any fees, delay or immediately remove Content,
warn 9jakitchen’s community of a user’s actions, issue a warning to a user,
temporarily suspend a user, temporarily or indefinitely suspend a user’s
account privileges, terminate a user’s account, prohibit access to the Site,
and take technical and legal steps to keep a user off the Site and refuse to
provide services to a user if any of the following apply:
9jakitchen suspects (by information, investigation,
conviction, settlement, insurance or escrow investigation, or otherwise) a user
has breached this Agreement, the Privacy Policy, or other policy documents and
community guidelines incorporated herein; 9jakitchen is unable to verify or
authenticate any of your personal information or Content; Or 9jakitchen
believes that a user is acting inconsistently with the letter or spirit of
9jakitchen’s policies, has engaged in improper or fraudulent activity in connection
with 9jakitchen or the actions may cause legal liability or financial loss to
9jakitchen’s users or 9jakitchen.
14. Privacy
Except as provided in 9jakitchen’s Privacy Policy,
9jakitchen will not sell or disclose your personal information (as defined in
the Privacy Policy) to third parties without your explicit consent. 9jakitchen
stores and processes Content on computers located in Nigeria that are protected
by physical as well as technological security.
15. No
Warranty
9JAKITCHEN, 9JAKITCHEN’S SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES, AND 9JAKITCHEN’S SUPPLIERS PROVIDE 9JAKITCHEN’S WEBSITE AND SERVICES
“AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
9JAKITCHEN, 9JAKITCHEN’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND
9JAKITCHEN’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED
BY YOU FROM 9JAKITCHEN SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO
YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
16. Liability
Limit
IN NO EVENT SHALL 9JAKITCHEN, AND (AS APPLICABLE) 9JAKITCHEN’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR 9JAKITCHEN’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, 9JAKITCHEN’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. 9JAKITCHEN’S LIABILITY AND (AS APPLICABLE) THE LIABILITY OF 9JAKITCHEN’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE NUMBER OF FEES YOU PAY TO 9JAKITCHEN IN THE 12 MONTHS BEFORE THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD 9JAKITCHEN, AND (AS
APPLICABLE) 9JAKITCHEN’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE
ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH
OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE OR YOUR
VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
18. No
Guaranty
9jakitchen does not guarantee continuous, uninterrupted
access to the Site, and operation of the Site may be interfered with by
numerous factors outside 9jakitchen’s control.
19. Legal
Compliance
You shall comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding your use of
9jakitchen’s service and your listing, purchase, solicitation of offers to
purchase, and sale of items.
20.
Severability
If any provision of this Agreement is held unenforceable,
then such provision will be modified to reflect the party's intention. All
remaining provisions of this Agreement shall remain in full force and effect.
21. No Agency
You and 9jakitchen are independent contractors, and no
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
22. 9jakitchen
Service
9jakitchen reserves the right to modify or terminate the
9jakitchen service for any reason, without notice, at any time. 9jakitchen
reserves the right to alter these Terms of Use or other Site policies at any
time. If the alterations constitute a material change to the Terms of Use,
9jakitchen will notify you via email to the email address in your account. What
constitutes a “material change” will be determined at 9jakitchen’s sole
discretion, in good faith, and using common sense and reasonable judgment.
23. Choice of
Law
This Agreement shall in all respects be interpreted and
construed with and by the laws of Nigeria and disputes arising under this
Agreement will be adjudicated by the courts of Nigeria.
24. Notices
Except as explicitly stated otherwise, any notices shall be
given by postal mail to Kahoja Property And Tech Services Ltd. Attn: Legal; 21
Road, G1 Close, House 2B, Festac Town, Lagos, Nigeria (in the case of
9jakitchen.com) or, in your case, to the email address you provide to
9jakitchen.com (either during the registration process or when your email
address changes). Notice shall be deemed given 24 hours after the email is sent
unless the sending party is notified that the email address is invalid. Alternatively,
9jakitchen.com may give you notice by certified mail, postage prepaid and
return receipt requested, to the address provided to 9jakitchen.com. In such
case, notice shall be deemed given three days after the date of mailing.
25. Force
Majeure
9jakitchen.com and its Parent company shall not be liable
for any delay or failure in its performance caused by or resulting from acts of
God, fire, flood, accident, riot, war, government intervention, embargoes,
strikes, labour difficulties, equipment failures, or any other causes beyond
the control of Company.
26.
Disclosures
The services hereunder are offered by Kahoja Property and
Tech Services Ltd., located at 21 Road, G1 Close, House 2B, Festac Town, Lagos,
Nigeria.