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ACCEPTANCE OF TERMS

Welcome to the Kobobid website operated by Icone Bids Nigeria Ltd (“Kobobid, “We” or “Us”). We provide the https://kobobid.com website (“Site”) subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you.

As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and products available on this Site.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE SITE. AS USED IN THESE TERMS, THE SITE MEANS THE ENTIRETY OF THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, PRODUCTS, SERVICES, INFORMATION, AND ANY PORTIONS THEREOF. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT AND YOUR RIGHT TO BRING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AGAINST US. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, WE’LL BE SAD TO SEE YOU GO, BUT PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE.

ELIGIBILITY

This Site may only be used by persons who are 18 years of age or older. By using this Site, purchasing or bidding for products on the Site, you affirm, represent and warrant that you are at least 18 years old, of legal age to enter into these Terms and you accept and are bound by these Terms.

The services offered on this Site are intended for Nigerian residents only. By registering with Kobobid and/or using this Site, you hereby confirm that you reside within the Federal Republic of Nigeria.

USE OF SITE

Kobobid provides a number of products for users to bid or purchase on its Site. Although We work hard to provide quality products, you understand and acknowledge that We cannot promise or guarantee specific results from using the Site or products available on this site.

All features, specifications, products and prices of products described on the Site are subject to change at any time without notice. From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Site. For products that have the “Buy It Now” feature which enables users to purchase items without having to bid for it, we reserve the right to make changes in information about price, description, or availability without notice. If any information on the Site is inaccurate, we reserve the right, without prior notice, to refuse service, and/or cancel orders at any time without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colours of our products that appear on the Site; however, the actual colour you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colours. The inclusion of any products on the Site does not imply or warrant that these products will be available and in stock. We reserve the right to offer you a substitute item within the same class/category whenever an item that you have paid for is out of stock. Any dissatisfaction with our products after it has been shipped to you will be subject to our Returns Policy which can be found here and is hereby incorporated by reference.

You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with our products and services. You agree that the items available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.

USER ACCOUNTS AND RESTRICTIONS

In order to access the services on the Site, you must register an account with Us. When you create an account on the Site or otherwise submit information to Us, you must complete the specified process by providing Us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you may be asked to enter your name and valid email address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account(s). Additionally, you are entirely responsible for any and all activities that occur under your account(s). You agree to notify Kobobid immediately of any unauthorised use of your account(s). You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Kobobid is not liable for any loss that you may incur as a result of someone else using your password or account(s), either with or without your knowledge, and is not responsible for any delay in shutting down your account(s) after you have reported a breach of security to Us.

You may also be requested to create a username. If you choose, you may also sign up via your Facebook or Google account. Your chosen username must not be misleading, vulgar or offensive and must not impersonate any person or entity. Kobobid reserves the right to reclaim inactive usernames or usernames that belong to another person or entity as a result of trademark or other legal claims.

You may be allowed to add an image to your profile. Such images must not be offensive or vulgar. Kobobid reserves the right to delete any image that is found to be inappropriate.

BIDDING AND PURCHASING

In order to bid on products offered for auction on the Site, you will be required to purchase “BidPacks.” You may purchase BidPacks by making payment via any of the payment options available on the Site. All BidPack purchases are final and non-refundable.

By clicking the “Bid Now” button, you have made a binding offer to purchase the item listed. Your offer cannot be rescinded and will be deemed accepted if your bid is the winning bid. You agree to have one Bid (or, where indicated on Big-Ticket items, two or more Bids) deducted from your account each time you click the “Bid Now” button or use our “BidMate” tool. BY PARTICIPATING IN AN AUCTION, YOU UNDERSTAND AND AGREE THAT ANY BIDS DEDUCTED FROM YOUR ACCOUNT ARE NON-REFUNDABLE.

If you are unsuccessful in an auction, you may opt to buy the item if it is eligible for purchase. If you choose to purchase any eligible item, you agree to pay the full purchase price. By clicking the “Buy It Now” button, you have made a binding offer to purchase the item listed. Your offer to purchase the item becomes final after you authorise payment on the Site. Any dissatisfaction with the purchased item will be subject to our Exchange and Refunds Policy.

Payments. When redeeming any item won in an auction; or when purchasing BidPacks or items listed for sale on the Site, you may be asked to supply certain information relevant to your transaction, including without limitation, the name on the card, your credit or debit card number, the expiration date of your credit or debit card, your billing address, your PIN, your Bank Verification Number (BVN) and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD(S) UTILISED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant the third party collecting that information on behalf of Kobobid the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. YOU UNDERSTAND AND AGREE THAT YOU ARE CHARGED AT THE TIME YOU PLACE YOUR ORDER FOR ITEMS. YOU FURTHER UNDERSTAND AND AGREE THAT THE TRANSACTION FOR THE PURCHASE IS FINAL AND COMPLETE AT THE TIME YOUR ACCOUNT IS CHARGED AND IS NON-REFUNDABLE. You agree to pay all charges incurred by you, on your behalf, or by your account(s) through the Site, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction.

This Site does not process credit or debit cards, or take other payment processing information. Payment processing is handled through third-party services. Our current third-party processors are Flutterwave and Pagatech. Flutterwave’s Terms of Use and Privacy Policy may be found here and here. For Pagatech, you may find their Terms of Service, here and Privacy Policy, here.

If, for any reason, your bank declines or otherwise refuses to pay the amount owed for the items you have purchased, you agree that We may, at our option, suspend or terminate delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to Us. In the event legal action is necessary to collect on balances due, you agree to reimburse Us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

Real Bids and Token Bids. ​Real Bids are bids that are purchased at the regular or discounted cost price displayed on the Site. Real Bids are valid for an initial period of 60 days from date of purchase after which they are converted to Token Bids. Converted Token Bids expire after 365 days.

Token Bids are bids that you won, earned or received by engaging in certain activities on the Site or via promotions. Token Bids that are won, earned or received expire after 60 days of receiving them

Bids Transfer. You may use the “Bids Transfer” feature to send bids to your family and friends who have accounts with Us. You can only send Real Bids with the Bids Transfer feature; Token Bids cannot be sent. The conversion from Real Bids to Token Bids as well as the expiration date of the bids you receive will be based on the date of original purchase.

Option to Purchase. Products that have the “Buy It Now” feature are available for auction and/or outright purchase on the Site. If you do not win the bid on a product that has the “Buy It Now” feature, you may choose to apply your used bids towards the purchase of that product within 24 hours from the end of that auction. Only Real Bids that have already been used in an auction can be applied towards a purchase and the used Real Bids can only be applied towards the purchase of the same product that resulted in a lost auction.

BidMate. You may use our automated bidding tool called ‘BidMate’. BidMate is a tool that assists you in bidding in your auction of choice while You are online or offline. You may activate or deactivate BidMate at any time, and multiple BidMates may simultaneously be activated across various ongoing auctions on the Site. Real Bids and Token Bids can be used by the BidMate tool and your Bids will be used in the order in which they were bought, from the oldest to the newest. Note that if the item you’re bidding on only allows Real Bids, your BidMate will follow suit. Once activated, BidMate will be able to use up to 30 bids to bid on your behalf and will bid according to the specifications which you have set.

Activating BidMate does not guarantee participation in an auction and We do not guarantee the precision or effectiveness of the BidMate tool. Kobobid will therefore not be liable for any errors or delays that occur while using the BidMate tool.

Big-Ticket Items. ​Big-Ticket items are the most expensive items of the day or week which are valued at N100, 000 (One Hundred Thousand Naira) or more. Only Real Bids may be used to bid on Big-Ticket items.

Limit Crusher. ​Limit Crusher is a special type of token that enables winners who have existing Auction Limits to override their limitations. Limit Crusher may be obtained by purchasing a Limit Crusher, purchasing Premium BidPacks, receiving it as a bonus, or it may be won in an auction, promotion or other activity on the Site.

No New Bidder Limit. ​Prior to going live, certain auctions will be labelled with a “No New Bidders” tag at a specific Naira Amount. Once the auction item reaches the Naira amount limit, it becomes a “closed” auction and availability will be limited to bidders that already placed bids in that auction prior to the restricted Naira limit amount.

Additional Terms and Conditions. Certain auctions may contain Additional Terms and Conditions in the product description. You understand and agree that if you are the winner of any auction that contains any Additional Terms and Conditions, you shall be bound by the provisions of these Terms and the Additional Terms and Conditions.

REDEEMING A SUCCESSFUL BID

If you are successful in an auction, you will be required to pay the Final Auction Price, plus the listed shipping and handling charges within 48 hours of the close of the auction. This payment is required in order to redeem the item won and a failure or refusal to make the payment within the 48-hour timeframe will be considered a forfeiture of the auction win. Once a forfeiture occurs, the next runner-up bidder will be offered the item. The runner-up bidder will also have 48 hours from the time of notification within which to pay the Final Bid Purchase Price and the associated shipping and handling charges, in order to redeem the item. Each subsequent runner-up bidder will be offered the item in turn, until a bidder redeems it. If no bidder redeems the item, the item may be offered up again for auction.

ODDS ON WINNING

Every auction is unique and the outcome of auctions offered on this Site depends on the number of participants and the skill of the participants. We are therefore unable to guarantee any precise odds on winning.

AUCTION LIMITS

Generally, there are no win limits for items valued at under N10,000 (Ten Thousand Naira) and you may win an unlimited number of these items at any time on the Kobobid Site. However, you may only win up to a maximum of 3 (three) of such items within a 24-hour period.
For all other items valued at N10, 000 and above, the following limitations apply:

  1. You may only win up to a maximum of 3 (three) items daily. This cannot be overridden by using a Limit Crusher.

  2. You may only win up to a maximum of 10 (ten) items within any 30-day period. This cannot be overridden by using a Limit Crusher.

  3. You may only win the bid on a maximum of 4 (four) items valued at over N100,000 (One Hundred Thousand Naira) within a 30-day period. You may, however, override this limitation with a Limit Crusher.

  4. You may only win the bid on 2 (two) items valued at over N250,000 (Two Hundred and Fifty Thousand Naira) within a 30-day period. You may override this limit with a Limit Crusher, 15 days after your last win in this category.

  5. You may only win the bid on 2 (two) item valued at over N500,000 (Five Hundred Thousand Naira) within a 180-day period. You may however, override this limitation with a Limit Crusher, 90 days after your last win in this category.

  6. You may only win the bid on 1 (one) item valued at over N1,000,000 (One Million Naira) within a one-year period. You may override this limit with a Limit Crusher 180 days after your last win in this category.

SITE CONDUCT, POSTING POLICIES & THIRD PARTY WEBSITES

User-Generated Content Guidelines.​ Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or reviews. By posting information on the Site, or by otherwise using any communications service, message board, product review or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:

You also agree not to:

No Endorsement. Kobobid neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate.

Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time, such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.

PRIVACY

Your privacy is very important to us. Users of this Site should refer to our Privacy Policy for information about how Kobobid collects and uses personal information. By accepting these Terms, you expressly consent to Kobobid’ disclosure and use of your personal information as described in the Privacy Policy, which is incorporated herein by reference.

INTELLECTUAL PROPERTY

Content. For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by Kobobid or its Affiliates.

Ownership of Content. By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the Federal Republic of Nigeria, and is the sole property of Kobobid or its Affiliates.

All custom slogans, graphics, icons, logos and service names are pending trademark or service mark applications, registered trademarks, trade dress, registered service marks or common law trademarks of Kobobid or its Affiliates. Kobobid’ trademarks and trade dress may not be used in connection with any product or service that does not belong to Us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kobobid.

All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Kobobid or its Affiliates.

Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from Us. Any unauthorised use of Site content violates our intellectual property interests and could result in criminal or civil penalties.

No warranty for Third-Party Infringement. Neither We nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through this Site will not infringe the rights of third parties.

COMMUNICATIONS

Confidential Information. All communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by Kobobid and will not be returned to you.

Notices. All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to the attention of Customer Service at [email protected]. You agree to allow us to submit notices to you through the email address provided in your user account. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date if transmitted by confirmed email.

LIMITATION OF LIABILITY & INDEMNIFICATION

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to the amount you spent making any purchases on the Site during the 60-day period before the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR PRODUCTS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.

You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including legal fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

DISCLAIMER

BY USING THIS SITE, YOU UNDERSTAND THAT THE ONLINE KOBO AUCTIONS MODEL THAT IS PROVIDED BY THIS SITE CARRIES A CERTAIN DEGREE OF FINANCIAL RISK. YOU AGREE THAT YOU ARE AWARE OF THIS RISK AND WILL GOVERN YOURSELF ACCORDINGLY. YOU UNDERSTAND THAT THERE IS NOTHING ON THIS SITE THAT CONSTITUTES AN INTENTION TO INDUCE YOU INTO VIOLATING ANY LAWS OR BECOMING INDEBTED TO THIRD PARTIES. YOU HEREBY AGREE TO EXERCISE RESPONSIBILITY WHEN BIDDING IN OUR AUCTIONS AS WE CANNOT GUARANTEE OR PREDICT YOUR ODDS ON WINNING.

ACCOUNT TERMINATION

Grounds for Termination. You agree that We may, at our sole discretion, terminate or suspend your account with the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity or multiple accounts operated by the same individual, may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.

No Rights Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to log into your account on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Your liability for any unpaid fees for any of our products, shall survive any termination. You understand that if you choose to terminate your account, you shall not be entitled to a refund of any unused bids. In the event that We initiate a termination of your account, Our liability for any damages that you incur as a result of such termination shall be restricted to the cost of any unused Real Bids in your account as of the date and time of the termination. Any such refunds shall be subject to our Refund Policy. If your account is suspended or terminated following a finding of fraudulent or illegal activity or because you created multiple accounts, you understand and agree that any auctions that were won by you through the account that was involved in the fraudulent or illegal activity or through the account that was an additional account created by you, shall be automatically forfeited. The auction(s) shall be deemed to have been won by the first runner-up and you shall not be entitled to a refund of any Bids that were used in any auctions that gave rise to the suspension or termination.

CHANGES TO THESE TERMS

We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgement and acceptance of the modified Terms.

GOVERNING LAW AND DISPUTES

This Site is controlled by Us from our offices in Lagos, Nigeria and the statutes and laws of Lagos State as well as the laws of the Federal Republic of Nigeria where applicable, shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction in Lagos State with respect to such matters controlled by that court.

You and Kobobid each agree that, except as otherwise noted below, any dispute or claim arising out of or relating in any way to these Terms, or to any products or services sold, including, but not limited to, the advertising of or sales practices relating to such products and services, delivery and any communication, by whatever means, between you and Kobobid, which cannot be settled, by mutual agreement/negotiation within 1 (one) month will be resolved by binding, individual arbitration, rather than in court. Disputes and claims that are within the scope of a Magistrate court’s authority are exempt from this dispute resolution provision, so long as they are brought individually and not as a class action.

The venue for the arbitration shall be the Lagos Multi-Door Courthouse (“LMDC”) and the proceedings shall be governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federation of Nigeria, 2004. You and Kobobid shall appoint the Arbitrator and where both parties are unable to agree on the choice of an Arbitrator, the choice of an Arbitrator shall be referred to the LMDC. The findings of the Arbitrator and subsequent award shall be binding on both parties and both parties shall bear their respective costs in connection with the Arbitration.

BY AGREEING TO ARBITRATION, YOU AND KOBOBID UNDERSTAND THAT EACH IS AGREEING TO WAIVE ITS RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND ITS RIGHTS UNDER THIS CONTRACT. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS AN ARBITRATOR, NOT A JUDGE. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AS A COURT WOULD.

MISCELLANEOUS PROVISIONS

Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labour disturbance, riots, war, fire, accident, adverse weather, inability to secure transportation, inaccessibility to your chosen delivery address, governmental act or regulation, an endemic, a pandemic, natural disasters and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

No Waiver. Any failure by Us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

Entire Agreement. These Terms and Conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.