This is a contract between you and Klariot International ltd (herein referred to as the company). Klariot.com and other associated products and services are owned and run by the company.
These provisions also apply to every service or action incidental to the performance or functionalities of the Klariot website, platforms and other Associated services
IMPORTANT: BY USING THE COMPANY'S PRODUCTS AND SERVICES, YOU AGREE TO RESOLVE ANY DISPUTE WITH THE COMPANY THROUGH BINDING ARBITRATION, NOT IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS.
Klariot is a global marketplace for African fashion . As a marketplace, we only provide a trusted platform to connect African Fashion designers to customers all over the world.
Klariot is a suite of websites, applications, software and hardware tools, third party integrations, plugins through which the company delivers her products and services to her users..
Sellerslist their products on the platform and users buy directly from them. Klariot only facilitates the exchange and delivery.
a. To be a seller on Klariot, you must open an account. You must be least 18 years old. You shall upload your products to the platform with pictures which shall be at the prescribed dimension. You shall see your own price.
b. The company reserves the right to remove your product (s) from the platform without any notice or any reason give to you.
c. The company collects money for your products on your behalf and remits same to you after deducting her own fees.
d. The company collects a commission of 10% from a seller on each transaction carried out on the marketplace. This is deducted from the amount paid for each product by a buyer. The rest is remitted to the seller
e. The company engages third party delivery agents to deliver your products to consumers. They company shall not be liable to you or any other person for failure to deliver any purchased items You shall hold the company indemnified. The company shall not be liable to you or ant any other party for ant defect in products, failure to deliver and any other such related matter
f. The general provision of this contract from those that specifically apply to buyers shall apply and govern the relationship between you and the company.
To make a purchase on Klariot, you must register for an account. You must be at least 18 years old to register for an account.
Please notify us immediately of any suspected unauthorized activity on your account by sending an email to [email protected]
The Company attempts to be as accurate as possible. However, The Company does not warrant that product descriptions or other content of any of our Service is accurate, complete, reliable, current, or error-free. Being a marketplace, products are uploaded by the sellers and we have no control over that.
Each product’s list price is what we believe to be the best possible price as deemed fit by the seller. But Klariot is striving to be an online price leader when you shop for a larger, more efficient cart
As you shop on the Klariot, our dynamic pricing engine may increase or decrease the prices of items in your cart, and/or the savings applied to the items in your cart. You must review your entire final order, including your cart savings, total purchase price, and each individual item price, before submitting your final purchase request at checkout.
On Klariot, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Pricing errors, out-of-stock and other errors occasionally occur on Klariot. We reserve the right to cancel any orders containing pricing errors, out of stock errors or other errors at any time without further obligation to you, including after you have received a confirmation of your order. Should this happen with your order, we’re very sorry for the inconvenience. Please contact us so we can try to figure out what happened and do our best to make sure it doesn’t happen again.
In addition, if any item you request becomes unavailable, we may cancel your order or - alternatively - instead of canceling your order, we may, at our discretion, purchase and/or have fulfilled the unavailable item(s) on your behalf from third parties. If we do this, of course we’ll only charge you the price quoted in your Klariot purchase order.
a. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made on the Klariot sites.
b. Klariot Credit: You can pay for your goods through Klariot Credit
Klariot shall not be liable for any acts or omission as regards your payment between when you pay and receipt of same in our accounts
The company shall deliver through appointed third party delivery service. Once goods are handed over to our third party delivery agents, the company shall bear no responsibility for any act or omission on their part to deliver your goods.
Goods shall deliver at your home or any other designed by the company at an appointed day. The delivery day shall be communicated well in advance
You shall make yourself available for delivery though your phone, email and the company shall make every effort to contact you through these means
You shall take delivery by your self or though any appointed person provided such information shall be communicated to Klariot well ahead of time and upon the presentation of an acceptable identity card by your appointee.
However, cash can also be given. It the cost of shipping returns shall be deducted.
All content on the Klariot (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation), is owned by the company, other content providers (such as Klariot’s retail partners or suppliers) or their licensors, and may be protected by copyright, trademark, and other applicable laws.
Your access to and use of the Klariot does not grant you any license or right to use any trademark, logo, or service mark displayed on the Klariot, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the Klariot, including all associated intellectual property rights. The company neither warrants nor represents that your use of materials on Klariot will not infringe rights of third parties.
You may access the Klariot only for your personal and non-commercial use, and you may not modify or delete any copyright, trademark or other proprietary notice relating to the material you access
Any other use of the material on the Klariot, including, without limitation, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from Klariot, or use of the Klariot for purposes competitive with the company, or for other commercial purposes, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Klariot Sites as they may be updated from time to time.
You acknowledge that you are responsible for all materials you submit to the company via the Klariot or other electronic communications (including through any part of the Klariot administered by third parties platforms and the tools that allow you to interact with Klariot through these platforms). This means you are responsible for the legality, accuracy, appropriateness, originality, and copyright of any such material you submit
• infringes or violates anyone else’s patent, copyright, trademark, trade secret, rights of publicity or privacy, or other intellectual property rights;
• is illegal or encourages illegal activities or any breach or violation of a right (including a contractual right) held by a third party;
• is fraudulent, false, misleading, or deceptive;
is defamatory, obscene, pornographic, vulgar, or offensive;
• promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
• is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
• has a commercial purpose
• is intended to cause harm, damage, disable, or otherwise interfere with the Klariot Sites or our partners; or
• can be considered a third party’s private or confidential information.
• You will not do any of these these (generally bad) things:
• Engage in conduct that is fraudulent or otherwise harmful to the company, our partners, or any other user;
• Display to others, mirror, or frame Klariot or any component of Klariot;
• Access the Klariot Sites if we have prohibited you from such access;
• Circumvent any rules or terms set forth on the Klariot Sites including those relating to any promotion, contest or program on the Klariot Klariot;
• You will not do any of these (sneaky and annoying) things:
• Access, tamper with, or use non-public areas of Klariot, the company’s computer systems, or the technical delivery systems of the company;
• Probe, scan, or test the vulnerability of any Klariot or breach any security or authentication measures;
• Interfere with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Klariot
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure intended to protect, limit access to, or control the Klariot;
• Decipher, decompile, disassemble, or reverse engineer any of the software used on or in connection with Klariot;
• Collect any personally identifiable information from users of the Klariot Sites or use any such information found on Klariot;
• Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or affiliation with any person or entity;
• Use Klariot to determine whether a third party holds any type of account, or to learn about or verify information about the account that is not yours;
• You will not use Klariot or the company’s name, logo, brand or identity to do any of these things:
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing the company trademark, logo, URL, or product name without Klariot’s express written consent;
If you are accessing Klariot as an employee or agent, you acknowledge that you are extending the permanent consent and authorization described above on behalf of your employer or principal, and you represent that you have authority from that employer or principal to do so.
If you are accessing the Klariot as an employer or principal, you authorize your employee or agent to extend on your behalf the permanent consent and authorization described above, and you acknowledge that your permanent consent and authorization will bind all of your employees and agents.
Klariot has reserved the right, in its sole discretion, to terminate the accounts of users of the Klariot Sites who infringe on copyrights of Klariot or others. If you believe that your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed, you must send a written notice to Klariot containing the following information:
• A physical or electronic signature of the owner of, or a person authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Contact information for the notifying party, including name, address, telephone number, and email address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
KLARIOT, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH KLARIOT ARE PROVIDED SOLELY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, AND THEREFORE YOUR USE OF KLARIOT IS AT YOUR RISK.
WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION:
• THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
• ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING;
• THAT ACCESS TO THE KLARIOT WILL BE UNINTERRUPTED OR ERROR-FREE;
• THAT THE KLARIOT SITES WILL BE SECURE;
• THAT THE KLARIOT OR THE SERVERS THAT MAKE THE KLARIOT AVAILABLE WILL BE VIRUS-FREE;AND
• THAT COMMUNICATIONS SENT FROM KLARIOT ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE KLARIOT AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE KLARIOT SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KLARIOT IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM KLARIOT.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY, COMPANY EMPLOYEES, BOARD OF DIRECTORS, OR INVESTORS, NOR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR, OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO:
• KLARIOT, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THERE;
• ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US;
• ANY DELAY ON OR INABILITY TO USE THE KLARIOT SITES OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE KLARIOT SITES;
• REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON KLARIOT, OR;
• OTHERWISE ARISING OUT OF YOUR USE OF KLARIOT;
IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY OR THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, THS DISCLAIMER APPLIES.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATIONLINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF KLARIOT
The laws of Lagos State shall apply to everything relating to this contract. This means that any and all disputes, claims and controversies arising out of or relating to the Klariot including the sale of products, content, services, or technology, on or used through Klariot and associated products and services , shall be governed by and construed exclusively in accordance with the laws of Lagos State without giving effect to its conflict of laws provisions. provided that where applicable, the law of the Federal Republic of Nigeria shall also apply
Disputes shall be subject to Arbitration under the Lagos State Arbitration law, 2009.
In the event of a Dispute, The Company or you must give the other notice of the Dispute. This notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the Dispute and the relief requested. You must send any such notice to Klariot by email to [email protected] To the extent that the company has your contact information, it will send any such notice to your email address.
We will try to resolve any Dispute through informal negotiation within 7 working days from the date that any notice of Dispute is sent by email. The company t and you shall use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations. After 7 working days, the company or you may resort to the other alternatives described in this section.
Notwithstanding the foregoing, Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Klariot or other company products shall not be subject to arbitration, and the notice and 7 working -day negotiation period required by this paragraph shall not apply to these types of Disputes.
Except as otherwise specifically set forth below, any Dispute of any kind, if unresolved through informal discussions within 7 working days of the sending of the notice described above, shall be resolved by binding arbitration to be held in Lagos State. Arbitration shall be initiated in Lagos State, the Company and you agree to submit to the personal jurisdiction of the state to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
You or the company may choose to pursue a claim in small claims court where jurisdiction and venue over you and the company otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide the company a 7-working day advance notice by email [email protected]
The Company and you agree to resolve any Dispute brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The company and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any Dispute with a third party.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in the High Court of Lagos State unless such matters doesn’t fall under the jurisdiction of that court
If any clause within this Class Action Waiver section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Klariot, or any employee, officer, director, or investor of the company and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.
The general provisions shall also apply to sellers.
Headings are for reference purposes only and do not limit the scope or extent of any section
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place, except as explained in the second-to-last paragraphs of the “Disputes/Arbitration” and “Class Action Waiver” sections
If you have any questions or comments, please contact the company by: