Terms and Conditions of Use

Last updated on: 10th June 2024

1. Introduction

The use of this site (www.salescrowdy.com) is governed by the Terms and Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. Your access to this Website would be conditional upon your acceptance without alteration/changes of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). You agree to be bound by the agreement by accessing or using this Website in any manner. Please do not use this Website if you do not accept all of these terms and conditions. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to revise this Agreement without prior notice, and to withdraw or restrict access to the use of this Website in whole or in part at any time also without prior notice. By accessing the platform and voluntarily creating a profile, all Users expressly and unambiguously agree to the updated or modified General Terms, as well as to the Privacy Policy and the Cookie Policy available online. Any User who does not agree with the said General Terms and/or Policies shall refrain from using them.

To use this website you must:

  • be at least 18 years of age.
  • possess the legal authority to create a binding legal obligation.
  • be willing to use this website in accordance with this Agreement.
  • be willing to only use this website to make legitimate selling or buying for you or for another person for whom you are legally authorized to act.
  • ensure all information supplied by you on this Website is true, accurate, current and complete.

2. DESCRIPTION OF SERVICE

2.1 Salescrowdy.com is a multi-category technology platform through which product Owners (hereinafter, the “Vendors”) in different locations can offer their products and/or services and if so requested through the platform by the Users of the platform, act only as an intermediary facilitating the contact between affiliates, buyers and vendors.

2.2 By accessing the platform, the users may buy products and/or services directly from the vendors

2.3 Salescrowdy is an information society service (a means of communication) between users and plays the role of a mere intermediary, therefore, its sole responsibility is to manage the platform that facilitates the contact between buyers, vendors and Affiliates. Salescrowdy is in no way responsible for the products and or services offered through the platform.

2.4 Salescrowdy may not be affiliated with or have any form of partnership with the vendors. We are only responsible for providing the technology that connects users.

2.5 Salescrowdy has no control over and does not guarantee the existence, quality and safety of products/services advertised. We do not guarantee the truth or accuracy of vendors' offers and the ability of vendors to produce a product/service as described.

3. USER IDENTITY VERIFICATION

The information submitted to create or update an account constitutes proof of your identity. We reserve the right to verify, at any time the accuracy of the information provided and to ask you for any additional documentation for identity verification. You consent to us sharing these details with secure verifying agencies and databases. You also permit us to submit these details to regulatory government agencies where required.

4. MESSAGES

By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by reaching out via email.

5. ACCESSING OUR PLATFORM AND THE SERVICES

5.1 We do not guarantee that our Platforms or any of the Services will always be available, uninterrupted or fault-free. We will not be liable to any user of the Platform if for any reason the Platform is unavailable at any time or for any period.

5.2. We do not guarantee that our Platform or any content on it will be free from errors or omissions.

5.3. You are responsible for making all arrangements necessary to have access to our Platforms and for ensuring that all persons who access the Platform through your user profile are aware of these terms of use and other applicable terms and conditions and that they comply with them.

6. USING THE SALESCROWDY PLATFORM

6.1 Salescrowdy provides an information society service and does not own the product and services. The product and services are provided by the vendor on an independent basis as economic and professional service providers. Disputes arising from the product and services, consumer rights, legal obligations or from the law applicable to the use of products/services will be resolved between the buyer and vendor.

6.2 When using the platform, the buyer can choose whether to pay directly into the bank account of the vendor or the Salescrowdy.

6.3 User understands that Salescrowdy does not control the price, description, and any other terms of any sale offered through its website and that these are strictly within the control of the vendor.

6.4 You further understand and agree that Salescrowdy as a neutral facilitator in this process has no final control over the condition and/or quality of the products or services that are offered up for sale through this site. However, We provide the booking Inspection option, which allows our users to book a time for a physical inspection of the products before making payment.

6.5 Salecrowdy services end when a buyer makes payment and Vendor confirms receipt of payment. 6.6 Salescrowdy is not involved in the delivery or acceptance of products or services paid for.

7. PAYMENT

7.1 The User may pay for the products and/or services directly by bank transfer to the vendor or sales- crowdy account. You may be asked to supply certain information relevant to your Purchase including, your billing address. We do not use third-party services for the purpose of facilitating payment and the completion of Purchases on the platform.

7.2 Payment for the product/services shall include the cost of the product, the Service Commission (where applicable), and necessary tax.

7.3 We reserve the right to refuse or cancel your sale at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order or other reasons

7.4 We reserve the right to refuse or cancel your order upon suspicion of a fraudulent, unauthorized or otherwise illegal transaction.

8. PURCHASE

For any purchase to be considered successful in Salescrowdy and for the affiliate marketer or buyer to receive a commission or coupon respectively, the following processes must be followed;

  • Users will search the marketplace for the desired product and view details
  • Book for product inspection
  • Upon successful inspection, the buyer will be advised of the payment terms
  • User uploads payment receipt on Salescrowdy platform upon product checkout
  • Upon confirmation of payment, the vendor is notified to issue a receipt and further engage the buyer
  • Sales commission, referral bonuses, gifts and coupons are paid.
Any transaction that was not initiated and payment made through the Salescrowdy platform will not be considered successful.

9. INFORMATION PROVIDED

9.1 Our service allows users to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“content”). Users are responsible for the content that they post on or through the service, including its legality, reliability, and appropriateness.

9.2 By posting Content on or through the platform, User represents and warrants that (i) Content is their Intellectual Property and/or they have the right or licence to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the platform does not infringe on the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity- tangible or intangible. We reserve the right to delete the account of anyone found to be infringing on any of the above rights.

9.3 You reserve any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for the Content you or any third party posts on or through the platform. However, by posting Content using Salescrowdy you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through other salescrowdy platforms. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. Salescrwody has the right but not the obligation to monitor and edit all Content provided by users.

10. MEMBERSHIP AND REGISTRATION

User Account

When registering on the platform, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable. In order to increase the security of accounts, Salescrowdy recommends that Users do not use the same login credentials as on other platforms.

When you create an account with us, you guarantee that you are above the age of 18 years and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account and you accept sole responsibility for any direct or indirect adverse consequences caused by the inaccuracy of this information or failure to update this information

Users are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You can decide at any time to terminate your account, in which case your details will be deleted from the Platform.

11. NO RELIANCE

The content on our Platform was provided for general information only and is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representation or guarantee, whether express or implied, that the content on our website/application is complete or up-to-date and you acknowledge that any reliance on such information will be at your own risk.

12. LIMITATION OF LIABILITY

12.1 Nothing in these terms of use excludes or limits our liability for personal injury arising from our negligence or fraudulent misrepresentation or any other liability that cannot be excluded or limited by Nigerian law.

12.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may otherwise apply to our Platform or any content on it, whether express or implied.

12.3. As a user, please note that we only provide our Platform for domestic and private use. You agree not to use our Platform for any commercial or business purposes without written unequivocal consent and we have no liability to you for any loss of profit or loss of business opportunity.

12.4. To the extent permitted by the law, Salescrowdy shall not be liable to you for any indirect punitive, incidental, special or exemplary damages arising out of your inability to use our Services.

12.5. We are not liable for any damage which may be incurred by you from unauthorized use of, tampering or access to your Salescrowdy account.

12.6. Salescrowdy is not liable and you agree not to hold Salescrowdy liable for any damages or losses resulting either directly or indirectly from:

  • delays or disruptions in our Services, software, and Platform;
  • your use or inability to use or access our Services or Platform;
  • a suspension or other actions taken with your Salescrowdy account;
  • any access or use of our services in a manner that is inconsistent with this terms of use or any error, inaccuracies, losses or omissions in or to any data provided to us; and
  • Upon confirmation of payment, the vendor is notified to issue a receipt and further engage the buyer
  • any damage caused by a virus or other technologically harmful material that may infect your electronic devices due to the use of our Platform or any website linked to it.

12.8. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable arising in connection with the use of or inability to use our Platform.

13. INDEMNIFICATION

13.1 You agree to indemnify, defend and hold Salescrowdy harmless against any loss, damage, liability and claim due to or arising out of your use or misuse of our Services and breach of these terms of use or any applicable law.

13.2 We reserve the right at your expense to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

14. SANCTIONS OF BREACHES

4.1 In the event of any fraud, breach of these terms of use or violation of applicable laws or regulations, we reserve the right to take any appropriate measure, including without limitation: suspending or terminating access to all or part of the services of the user who committed the breach; or alerting all relevant authorities and taking legal action.

14.2. Any suspension or termination shall take full effect on the date we send the communication to the user and the user’s account will be automatically deleted without further notice.

15. THE MERCHANTS MODEL

15.1 Through the Merchants model, the Users have access to the marketplace available in the platform and may acquire the products and/or services therein offered by those vendors who have signed an agreement with Salescrowdy.

15.2 The User is aware, and accepts, that the descriptions and, where applicable, the prices photographs or videos of the products and/or services available on the platform, are provided based on the information and documents supplied by the vendor and that Salescrowdy is therefore unable to provide any guarantees against any possible inaccuracies in such descriptions, prices, video and/or photographs. Salescrowdy reserves the right to withdraw any product from its platform, as well as to modify the contents of its information at any time, without thereby incurring any liability of any kind.

15.3 The User accepts that all the products appearing on the Salescrowdy platform are subject to availability and, in this regard, accepts the possibility that, while carrying out the order, the product and/or service may be found not to be available at the establishment.

15.4 The User accepts that Salescrowdy is, in no way responsible, for the quality and/or characteristics of the products or services offered by the vendors, who are professionals dedicated to the provision of the products or services offered through Salescrowdy. The vendors are responsible for the obtention of any licence or permit that may be legally required for the provision and offer of the said goods or services and, by offering them through the Salescrowdy, the vendors declare to have duly obtained them.

16. REFUNDS

16.1 Cost of Product and Services
a. Refunds of payment already paid to the vendor are subject to their refund policy. Users are advised to ask for the vendor’s refund policy before making any payment.
b. Payments made to Salescrowdy but not yet transferred to the vendor at the time of cancellation attract a 100% refund.

16.2 Salescrowdy Commission
Once payment is confirmed and the receipt issued. There is no refund of the commission paid to Salescrowdy or the vendor.

16.3 In the event of a dispute, Salescrowdy may provide the first line of support. In case Salescrowdy becomes aware that the User who is requesting a refund of an Order, has made fraudulent use of the APP, this request will be immediately rejected.

Additionally, any return of a product as well as its corresponding refund shall be managed by the User directly with the vendor, in accordance with the vendor’s return policy.

17. PAYOUT OF COMMISSIONS AND BONUSES

Sales commissions and referral bonuses earned by users will be credited to the user's wallet. Users can request cash withdrawals through their wallet to their bank account. The minimum withdrawal amount is N5,000 and the user can request for a single withdrawal per day. Upon confirmation of cash out request, the user’s bank account will be credited within 24 hrs

18. BOOKING INSPECTION

Users are required to book a time and date convenient for the user to physically inspect the product and also get more information. This booking will be done via the platform.

19. CONTESTS AND PROMOTIONS

All contests or other promotions (collectively, “Promotions”) made available through this platform may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

20. PROMOTIONAL CODES AND/OR OTHER OFFERS OR DISCOUNTS

Salecrowdy may unilaterally provide at any time credits for use within the Platform, discounts, gifts, as well as any other promotion, to certain Users (hereinafter, the “Discounts and/or Promotions”). Any of these discounts and promotions may unilaterally be cancelled at any time by Salescrowdy.

The User acknowledges and accepts that any Discounts or Promotions granted must be used only within the validity period established by Salescrowdy for each Discount and/or Promotion. If no validity period is specified by Salescrowdy at the moment of communicating and/or granting such Discount or Promotion, the validity period applicable by default will be one (1) month from the date on which they were made available to the User. Any other validity period set by Salescrowdy at the moment of communicating or granting the said Discount and/or Promotion will prevail over the One (1) month default validity period stated above.

Similarly, the User acknowledges and accepts that any Discounts and/or Promotions granted may apply only to certain products and/or services offered through the Salescrowdy Platform or only under specific circumstances and conditions (e.g. first order, order within a territory, order at a specific time of the day, order of a certain type, Small Order Surcharge, etc).

The User acknowledges that Discounts and/or Promotions may experience a delay in its application from the moment in which these are communicated and/or granted to the User. The User acknowledges and accepts that all Discounts and/or Promotions are valid only once per User and, therefore, may be restricted based on various characteristics such as device, email address, phone number or user ID, save expressly provided otherwise by Salescrowdy in reference to the specific Discount and/or Promotion.

In any case, Salescrowdy reserves the right to unilaterally cancel and withdraw any Discount and Promotion either offered or already granted. Furthermore, it reserves the right to apply sanctions to Users for the amount for which Salescrowdy has been defrauded as well as for the suspension and/or cancellation of the User’s Salescrowdy account.

Salescrowdy will accept no liability if, due to an event of force majeure or other events beyond its control or whose need is justified, it is forced to cancel, shorten, extend or amend the conditions of Discounts and Promotions. In particular, Salescrowdy will accept no liability if the website is not available at any time during Discounts and Promotions or for a malfunction in the automated promotion system.

21. SALESCROWDY REFERRAL PROGRAM

These terms and conditions shall apply to the Salecrowdy referral program. These Terms and Conditions do not replace the application of the General Terms; in any event, they supplement them and may be modified and extended by Salescrowdy at any time. Therefore, Salescrowdy’s General Terms will regulate anything not specifically dealt with in these Special Terms.

21.1 Referral Program
Salescrowdy may implement customer referral programs (hereinafter, “Referral Program”) that will benefit the Users, as well as new users to whom the platform has been referred. Similarly, Salescrowdy reserves the right to cancel and/or suspend the said Referral Programs at any time, by merely informing the Users as and if requested by the applicable laws.

21.2. Conditions of Eligibility for Referral Program
As part of Referral programs, existing Users ("Referrer") who refer friends and family as new users ("New Users") to the platform, may be eligible to receive referral bonuses. For both, the Referrer and the New User to benefit from the Referral programs, the New User must sign up using the unique Referral link ("Referral Link") provided to them by the Referrer. Referrers are permitted to post referral links to publicly accessible sites. Salescrowdy reserves the right to deactivate or invalidate any bonuses that are reasonably suspected by Salecrowdy to have been obtained through fraudulent and/or abusive actions.

New Users will be disqualified and will not receive a bonus if Salescrowdy determines that the latter had previously created a Salescrowdy account with different data. Further, Salescrowdy reserves the right to withhold or invalidate Credit obtained through the Referral programs if Salescrowdy determines or believes that the bonus was received through error, fraudulent, illegal, or in violation of these Special Terms, the General Terms or any other applicable terms or policies.

21.3. Referral Bonus
Referrers will only receive bonuses for every successful sale that New User made. Salescrwody reserves the right to deactivate or invalidate any bonuses obtained by either Customer or Referrer in excess of the stipulated amounts and/or otherwise in breach of the indicated terms and conditions.

21.4 Referral Payment Structure

Affiliate Table
Salescrowdy reserves the right to change the rates, applicable conditions, requirements and the present Special Terms at any time. Salescrowdy’s General Terms apply to the Referral programs and will regulate anything not specifically dealt with in these Special Terms.

22. LINKS

We assume no responsibility for the content of websites linked to our Platform. Such links should not be interpreted as endorsement by us of those linked websites.

You acknowledge and agree that Salescrowdy 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 third party web sites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

23. DISCLAIMER OF WARRANTY

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. SALESCROWDY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS. SALESCROWDY MAKES NO REPRESENTATION OF HAVING AN EXISTING RELATIONSHIP, ENGAGEMENT OR COMMITMENT WITH ANY OF THE VENDORS LISTED ON THE PLATFORM. IN ADDITION, SALESCROWDY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION WITH IT, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SALESCROWDY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

24. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Nigeria without regard to its conflict of law provisions.

25. WAIVER AND SEVERABILITY

If any of these terms of use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by Nigerian law.

No waiver by the Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

26. CHANGES TO SERVICE

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

27. AMENDMENTS TO TERMS

We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service

28. COMPLAINTS

Users are to submit complaints to customer service via the chat box or by sending emails to support@salescrowdy.com.