Terms and Conditions

Last updated on; 03 June, 2021.

1. General Terms

This “Agreement”, “Terms” is between "We", "Us", "Ecomcp", "Ecomcpanel" and "You", "User", "Client", "Customer" and by using our "platform", "services", "resources" you confirm that you are in agreement with and bound by the terms of service contained in this Agreement. These terms apply to the entire website and any email or other type of communication between you and us. They are necessary to maintain good practice and protect us and yourselves. We also reserve the rights to make changes or update on these terms.

2. Who’s Who

"You", "User", "Client", "Customer" means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

"Ecomcp", "Ecomcpanel" is powered by the registered business CIB TECHNOLOGIES, hence may appear in payment invoices, receipts, etc.

3. Account

To access and use the Services, you must register for an Account, providing your full legal name, correct current address, valid phone number, valid email address, and any other information indicated as required. Ecomcp may reject new or cancel existing Accounts, for any reason, in our sole discretion.
You must be of age 16 years or at least the age of majority in the jurisdiction where you reside to be able to open and operate an Account.
You confirm that you are receiving any Services provided by Ecomcp for the purposes of carrying on legal business activities and not illegal purpose(s).
You acknowledge that Ecomcp will use the email address you provide on opening an Account as the primary method for communication and authentication with you.
You are responsible for keeping your password secure as we will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You acknowledge that you are responsible for the creation and operation of all services including but not limited to stores and/or sales pages on Ecomcp.
Ecomcp is not a marketplace. Any contract of sale through any of our provided services including but not limited to stores and/or sales pages is directly between you and the buyer.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.

4. Domain Names

Upon purchasing a domain name through Ecomcp, we will always send out email reminders for domain name renewals. Failure to renew such domain name would result to disconnection of your domain name from your store or sales page.
You also acknowledge that prices of each domain name you purchase through us may vary with time.

5. Payment

You agree to pay all fees or charges for the services including but not limited to stores and/or sales pages in effect at the time that each fee or charge is due and payable.
We reserve the right at any time to change its prices.
We do not collect credit card information as our platform is integrated with Paystack payment system(s). During checkout either a popup or a redirect to the payment system(s) billing page will be used to collect our payment.
All payment invoices/receipts are sent to the Customer’s email address provided on opening an Account.

6. Our Rights

We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove contents, suspend and/or terminate Accounts if we determine in our sole discretion that the goods or services offered via any of our provided services including but not limited to stores and/or sales pages, violate ours terms.
Any form of abuse verbal or written (including threats of abuse or retribution) either directed towards any customer, employee, member, or officer of Ecomcp will result in immediate Account termination.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.
You further acknowledge and agree that our employees and contractors may also be our customers/clients and that they may compete with you, although they may not use your Confidential Information (as defined in Section 8) in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business registration information, government issued identification, the last four digits of the credit card on file, your status as an employee of an entity, etc.
Ecomcp retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Ecomcp reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

7. User Content and Intellectual Property

We do not claim any intellectual property rights over content you upload such as images, videos, audio files, design elements, logos, fonts, texts, and more. We are not responsible for any of your content. We are also not responsible for the content that has been lost because of the use of Ecomcp, it is your obligation to keep safe and back-up regularly your content.
We do not monitor what content has been used in any of the user created stores and/or sales pages and we are not to be held responsible for user posting harmful content(s) not in compliance with any applicable laws or regulations, but we have the right to delete such harmful content(s) or even terminate accounts if so.

8. Confidentiality

“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Our "Ecomcp" Confidential Information includes all information that you receive relating to us or to the Services we offer, that is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

9. Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the service.
To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Ecomcp does not warrant that the Services will be uninterrupted, timely, secure, or error-free or that the results that may be obtained from the use of the Services will be accurate or reliable or that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
Ecomcp is not responsible for any of your tax obligations or liabilities related to the use of Ecomcp’s Services.

10. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

11. Cancellation and Termination

You may cancel your Account and terminate the Terms of Service at any time by contacting Ecomcp through any of our contact means.
Upon termination of the Services by either party for any reason, you will not be entitled to any refunds of any Fees, pro rata or otherwise, you will no longer be able to access your Account and your store or sales page or any other service(s) to your account would be taken offline.
3. If you purchased a domain name through Ecomcp, upon cancellation your domain will no longer be renewed. Following termination, it will be entirely your choice on whether or not your domain will be transferred to your own desired domain provider.
We reserve the right to modify or terminate our service(s), the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
Fraud: Without limiting any other remedies, we may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of our services.

12. Third Party Services

Ecomcp may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
Any use by you of Third Party Services offered through our platform is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Ecomcp may receive a revenue share from Third Party Providers that Ecomcp recommends to you or that you otherwise make use of.
We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Ecomcp has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. Ecomcp does not guarantee the availability of Third Party Services and you acknowledge that Ecomcp may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Ecomcp is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service.
You grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Ecomcp is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Ecomcp is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Under no circumstances shall Ecomcp be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Ecomcp has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Ecomcp partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

13. Your Feedback and Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you, to us with respect to any of our service shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

14. Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

15. Privacy & Data Protection

Ecomcp is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Ecomcp’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

16. Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/ or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

17. Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of us. We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. We operate and control our Service from our office(s) in Nigeria. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate our Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and us concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

18. Contact us

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