How to Sell on myKustoma
STEP 1. Log unto www.mykustoma.com or Download myKustoma App
STEP 2. Click on Sell on the top menu
STEP 3. Register as a Seller, and verify registration through your email
STEP 4. List Your Products, Services, Vehicles, Real Estate, Jobs (including images of the items)
STEP 5. Get Notified on Leads
STEP 6. Receive Order Invoices
STEP 7. Ready Order for Shipment
STEP 8. Product Delivered Satisfactorily
STEP 9. Get Paid
Our registration process is simple and offers a visible web store to promote your brand, display and sell your products or services. The highlight of the benefits are as follows:
We will appreciate an opportunity to discuss this value adding opportunity with you.
After First-6-Months, below are myKustoma Seller Subscription plans:
Platinum - ₦ 4000/month
Gold - ₦ 2000/month
Silver - ₦ 1000/month
Bronze - ₦ 500/month
Search backdrop – (1265 X 590)
Contact the sales manager
Below the search backdrop - (269 X 278)
side Banner – (263 X 590)
Deal of the day (263 X 590): N3,000
Hot Deals Banner Advert rates (1265 X 472)
One-day plan – N 2,000
One-week plan – N10,000
One-month plan – N 30,000
Product placement (269 X 278): N1,000 for three days
Social media messages
Have your message or communications posted on our Facebook, Twitter, and Google+ fan pages. The message could include a link to your website or to your Facebook fan page
Social Media Packs:
3 Updates* Package 7,500 Naira (Valid for 7 days),
7 Updates* Package 12,000 Naira (Valid for 14 days)
12 Updates* Package 15,000 Naira (Valid for 30 days)
1 update* consists of a post each, the number represent number of updates per day.
Note: Adverts (1 – 4) listed above appear online and only on the front page of our website. For inside pages’ backdrop please contact the Sales Manager on 08120247780 for further information. Special sizes and choice of placement are subject to negotiations.
Conditions for Advertisement
1. All adverts must be delivered in electronic version, either on disk or via e-mail in the ordered pixel dimension (file size) unless otherwise stated.
2. If delivered on paper, a conversion charge will be added.
3. Please note that all banner adverts must be in .gif, .jpeg or flash format.
4. Advert space is available on a first-come first-serve basis.
5. Our advertising policy is flexible so we can accommodate any request from agencies as long it meets legal requirements and conforms to our policy.
6. Rates are subject to change but adverts currently running are protected from increase until the duration of the placement expires. An advert run starts the day the advert is published in www.mykustoma.com website and runs for the period paid for.
1.1 Defined terms in this Agreement:
Agreement means this services agreement.
myKustoma refers to My Kustoma Innovative Technology Limited, Owners of e-commerce application platform of myKustoma and its registered Trade Marks.
myKustoma Brand Guidelines means the brand guidelines as determined by myKustoma from time to time.
myKustoma Platform means the software, systems and processes used by myKustoma to provide the Services and any IP Rights in them.
myKustoma Trade Mark means the registered Trade Mark(s) of My Kustoma Innovative Technology Limited.
Confidential Information means information concerning the Disclosing Party's business, plans, vendors, employees, customers, technology, products, and other confidential information of Disclosing Party, including all information in tangible or intangible form that is marked or designated as confidential by the Disclosing Party or that, under the circumstances of its disclosure, should be considered confidential.
Disclosing Party means the party disclosing Confidential Information to the Receiving Party.
Effective Date means the date that the Merchant electronically subscribed for the Services.
Initial Term means the minimum term for which myKustoma will provide the Services to Merchant, as indicated on the applicable Online Subscription.
IP Rights means all rights in patents, trademarks, trade names, copyrights, trade secrets, know-how, data (including all applications therefore), and all proprietary rights under the laws of Nigeria, any other jurisdiction or any treaty.
Media Partner means a third party media organisation that has entered into a Media Partnership agreement with myKustoma and that the Merchant elects to work with (in conjunction with myKustoma) to broaden the advertising and marketing opportunities for the Merchant's products and services.
Online Subscription means a written electronic request for Services from the Merchant to myKustoma in the electronic form required by myKustoma.
Online Subscription Term means the combination of the Initial term and any Renewal Terms.
Personal Information personal information means recorded information about an identified individual.
Receiving Party means the party receiving Confidential Information from the Disclosing Party.
Renewal Term means additional terms equal in length to the Initial Term.
Services means the services as described in clause 2 and as listed or specified in an Online Subscription.
Services Activation Date means the Effective Date, or if no Effective Date is ascertainable, the date on which myKustoma makes the Services available to and ready for use by Merchant.
Services Fees means all agreed upon fees for the Services set out in the applicable Online Subscription.
Taxes means federal, state or other governmental sales, goods and services, harmonised or other taxes, fees or charges now in force or enacted in the future.
Usage Data means analytics, statistics or other data related to Merchant's use of the Services.
In this Agreement, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a clause, paragraph, schedule or annexure is to a clause or paragraph of, or schedule or annexure to, this Agreement, and a reference to this Agreement includes any schedule or annexure;
(d) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(e) a reference to N (Naira), K (Kobo), is to Nigerian currency;
(f) a reference to time is to Nigerian time;
(g) a reference to a party is to a party to this Agreement, and a reference to a party to a document includes the party's executors, administrators, successors and permitted assigns and substitutes;
(h) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(i) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re‑enactments or replacements of any of them;
(k) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions; and
(l) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this Agreement or any part of it.
2.1 Scope of Services
(a) The services provided by myKustoma are e-commerce facilitation services enabling the Merchant, end-user consumers, and Media Partners (where applicable), to conduct e-commerce transactions.
(b) The specific details of the services that myKustoma provides are set out in the Online Subscription electronically agreed to by the Merchant.
(c) myKustoma operates the online platform that facilitates the e-commerce transactions (the myKustoma Platform). However, myKustoma is not responsible for providing the products purchased by end-user consumers via the myKustoma Platform.
(d) myKustoma is responsible for all transaction-related activities including but not limited to, order delivery through its logistics partners, refunds, and customer service related responsibilities for the actual products or services sold by the Merchant using the myKustoma platform.
2.2 Responsibility of Merchant
(a) The Merchant is responsible for order fulfilment, product supply to myKustoma logistic partners for onward delivery to the Purchaser. The merchant is also responsible for all warranty issues that pertains to its products delivered to the Purchaser.
(b) The Merchant would be liable to replace all damaged goods delivered by it , and refund total costs where applicable.
3.1 Term of Agreement
This Agreement commences on the Effective Date and continues in accordance with clause 3.2, unless terminated by either party in accordance with clause 3.2(b) or clause 3.3.
3.2 Term of Order
(a) The Initial Term commences on the date set out in the Online Subscription.
(b) At the end of the Initial Term or then-current Renewal Term, each Online Subscription will renew for a further Renewal Term, provided the Merchant requests for this at the end of the Initial Term or then-current Renewal Term.
3.3 Termination for Cause
(a) A party may terminate this Agreement if the other party breaches any material term or condition of the Agreement and fails to cure such breach within 30 days after receipt of written notice of such breach.
(b) In addition, either party may terminate this Agreement immediately on written notice to the other party if such other party breaches Section 5.
(c) myKustoma may terminate this Agreement if:
3.4 Effect of Termination
Upon termination of this Agreement:
(a) each Online Subscription will terminate and MyKustoma will immediately cease providing the Services;
(b) any and all payment obligations of Merchant under an Online Subscription will immediately become due; and
(c) within 30 calendar days after termination, each party will return all Confidential Information of the other party in its possession and will not make or retain any copies of such Confidential Information, except as required to comply with any applicable legal or accounting record keeping requirement or where it is not necessary/possible to do so.
4.1 Online Subscriptions
An Online Subscription will set out:
(a) the specific Services to be supplied by myKustoma;
(b) the Service Fees, or the manner of calculating the Service Fees;
(c) any specific terms relating to the Services; and
(d) the minimum term of the Online Subscription.
5.1 Fees payable
(a) The Merchant must pay the Services Fees applicable to the Services used by the Merchant as set out in, or as calculated in accordance with, the Online Subscription.
(b) Merchants shall pay monthly, quarterly or bi-annual subscription fees based on their subscribed platform namely: bronze, silver, gold or platinum.
(c) Merchants shall pay 6% (Six Percent) commission on all sales made on myKustoma platforms.
(d) All payments made by end-Users shall be held in escrow by myKustoma until such purchases are confirmed fully satisfied. The said payment shall thereafter be made to the Merchant within 10 (ten) business days after the deduction of the 6% (Six Percent) due to myKustoma.
5.2 Payment Terms
myKustoma will invoice the Services Fees at the times and in the manner specified in the Online Subscription. The Service Fees and subsequently, commissions, will be deducted from sales made by the Merchant, direct debited from the Merchant's account or charged to the Merchant's credit card.
5.3 Payment currencies
(a) All fees will be assessed in the currency of the payment, and all transactions may be subject to exchange rates. myKustoma supports accounts in the Nigerian Naira and its equivalent in U.S Dollars with respect to Orders made from outside the country.
5.4 Late Payments
myKustoma may charge interest on all past due invoices at a rate of 1.5% per month, or the highest rate allowed by law, whichever is lower.
(a) All fees aforementioned are exclusive of all Taxes. Further to these fees, the Merchant is responsible for deducting and remitting all VAT charges resulting from the sale of their goods or services to the Federal Inland Revenue Service.
(b) If the Merchant is a resident of Nigeria, the Merchant will be responsible for other applicable Taxes (aside VAT) that arise from the sales of the Merchant products. These Taxes are based on the rates applicable to the Nigerian billing.
(c) If the Merchant is exempted from payment of such Taxes, the Merchant must provide myKustoma with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status.
(d) Tax exemption will only apply from and after the date myKustoma receives such a certificate.
(a) The Receiving Party agrees that it will not:
(b) use the Disclosing Party's Confidential Information in any way, for its own benefit or the benefit of any third party, except as expressly permitted by, or as required to implement, this Agreement; or
(c) disclose to any third party any Confidential Information, except:
The Receiving Party will protect the confidentiality of the Confidential Information of the Disclosing Party using precautions that are at least as stringent as it takes to protect its own Confidential Information, but in no case will it use less reasonable precautions to protect such Confidential Information.
The Receiving Party will have no obligations of confidentiality under Section 5.1 for information that is proven by Receiving Party:
(a) to have been known to Receiving Party prior to its receipt from Disclosing Party from a source other than one having an obligation of confidentiality to Disclosing Party;
(b) to have become publicly known, except through a breach of this Agreement by Receiving Party; or
(c) to have been entirely independently developed by the Receiving Party without use of or reference to the Confidential Information of the Disclosing Party.
The Receiving Party may disclose Confidential Information pursuant to the requirements of a governmental agency or applicable law, provided that it gives the Disclosing Party reasonable prior written notice sufficient to permit the Disclosing Party to contest such disclosure.
(a) myKustoma owns or has the requisite licences to use the myKustoma Platform including IP Rights.
(b) Save for the express licence granted in clause 7.5(a), no rights, title and interest in any myKustoma Platform, including IP Rights, are granted to the Merchant.
7.2 General skills and knowledge
Unless expressly stated in this Agreement, nothing in this Agreement prohibits myKustoma from utilising any skills or knowledge of a general nature gained or created by myKustoma during the course of providing the Services, including, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of myKustoma.
7.3 Usage data
myKustoma may publish, share or otherwise distribute, to any party the Usage Data, provided that such Usage Data is aggregated with the data from other myKustoma customers or users in a manner that does not allow Usage Data about the Merchant to be separated from the aggregate data and identified as relating to Merchant.
Unless expressly stated in this Agreement, the Merchant will not:
(a) directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code, trade secrets or know-how in or underlying any myKustoma Platform;
(b) use the myKustoma Platform for any illegal, unauthorised or otherwise improper purposes;
(c) modify or make derivative works of any part of the myKustoma Platform;
(d) access the myKustoma Platform in order to build a similar or competitive product or service;
(e) use the Service in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the Order or this Agreement (including use of content that myKustoma determines in its sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any third party's IP Rights); or
(f) Use the Service in a way that unnecessarily interferes with the normal operation of the Service or that consumes a disproportionate share of the resources of the Service, or any component of it.
7.5 Trade mark licence
The Merchant grants to myKustoma a non-exclusive, royalty-free, irrevocable licence to use their brand name and any registered trademarks of the Merchant for the purpose of displaying myKustoma 's key client's on the myKustoma website, and in any myKustoma marketing material. The term of such licence will be the term of this agreement.
The Merchant further acknowledges that and agrees that myKustoma will be permitted to share the list of merchants that use myKustoma (including the Merchant's name) to Media Partners.
8.2 Use of Personal Information of end users
(c) The Merchant will indemnify and hold myKustoma harmless from and against liability attributable to a breach of the warranties in clauses 6.2 (a) or (b), or those costs and damages agreed to in a monetary settlement of any claim for a breach of the warranties in clauses 6.2 (a) or (b).
9.1 Mutual representations and warranties
Each party represents and warrants that:
(a) it has full right, power, and authority to enter into this Agreement and to perform its obligations and duties under this Agreement; and
(b) that the performance of such obligations and duties does not and will not conflict with or result in a breach of any other agreement of such party or any judgment, order, or decree by which such party is bound.
9.2 myKustoma representation and warranty
myKustoma will use commercially reasonable efforts to respond within 24 hours to a notice regarding technical issues with the Services.
In the event of a breach by myKustoma of the warranties in this Section 7, the Merchant's sole remedy will be termination of this Agreement pursuant to Section 3.3, provided that Section 3.4 will not apply to such termination.
9.4 No liability for Internet connectivity issues
(a) The Merchant acknowledges that myKustoma relies on Internet services provided or controlled by third parties.
(b) At times, actions or omissions of such third parties can impair or disrupt the Merchant's connections to the Internet.
(c) Although myKustoma will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events with respect to the Merchant's use of the Service, myKustoma cannot guarantee that such events will not occur.
(d) Accordingly, myKustoma excludes any and all liability resulting from, or related to, such events.
(e) The Services are provided solely on an "as is" basis, and the Merchant's use of the Services is at its sole risk.
(f) myKustoma does not warrant that the Services will be uninterrupted, error-free, or completely secure.
9.5 Representations and warranties by Merchant
The Merchant represents and warrants that:
(a) it will not transmit any worms or viruses or any code of a destructive nature through the Service;
(b) all information provided under this Agreement is true, accurate and complete and does not impersonate any other person or use a name without authorisation to use that name;
(c) it will not violate any applicable law or regulation, or cause a breach of any of myKustoma 's third party agreements, in connection with the performance of its obligations and use of the Services; and
(d) the Service will not be used to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law, unless expressly authorised by the copyright owner or as otherwise permitted by established copyright law.
9.6 Breach of Merchant warranties
(a) If the Merchant breaches any of the warranties listed in clauses 8.1 and 8.5 of this Agreement myKustoma will have the right to immediately suspend any of the Services in order to prevent harm to myKustoma or its business and to limit any potential liability.
(b) If practicable, myKustoma will provide notice and opportunity to cure any breach. Once cured, in myKustoma 's discretion, myKustoma will use reasonable efforts promptly restore the Services.
10. Parties’ Liabilities
(a) Subject to any rights and remedies that cannot be excluded by law, including under the Nigerian Consumer Law, myKustoma 's total liability to the Merchant for any loss (whether based in contract, tort, including negligence and strict liability) in connection with this Agreement or the Services will not exceed the amount paid or owed by the Merchant to myKustoma for the 12 month period prior to the event giving rise to liability.
(b) The Merchant shall be responsible to pay heavy damages to mykustoma for all mis-represented or/and sub-standard products which brings or likely to bring disrepute and bad publication to mykustoma.
(c) the Merchant shall be responsible for replacing all substandard, mis-represented, damaged/ returned goods or making refunds where applicable.
11. Claims against myKustoma
(a) The Merchant will defend, at its own expense, any claim, suit or action against myKustoma brought by a third party to the extent that such claim, suit or action, is based on:
(b) The Merchant will indemnify and hold myKustoma free from and against liability attributable to such Claim or those costs and damages agreed to in a monetary settlement of such Claim.
12.1 Force Majeure
(a) Except for the Merchant's obligation to make payments to myKustoma, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, terrorism, earthquake, flood, embargo, riot, sabotage, labor shortage, dispute, governmental act or failure of the Internet.
(b) If myKustoma is unable to provide the Services for a period of 60 consecutive calendar days as a result of a continuing force majeure event, the Merchant may cancel the Services without further obligation.
12.2 No third party beneficiaries.
myKustoma and the Merchant agree that there will be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or the customers of the Merchant.
12.3 Governing law
This Agreement is governed by the law of the Federal Republic of Nigeria and each party irrevocably and unconditionally submits to the non‑exclusive jurisdiction of the courts of Nigeria.
12.4 Compliance with laws
The Merchant will not use the Service for any illegal or unauthorised purposes nor use the Service to violate any laws in the Merchant's jurisdiction (including but not limited to copyright laws) as well as the laws of Nigeria.
In particular, the Merchant will not use the Service in breach of any Privacy laws, and agrees to indemnify myKustoma for any loss caused by myKustoma as a consequence of the Merchant's failure to comply with those laws.
The Service will not be used by the Merchant to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law, unless expressly authorised by the copyright owner or as otherwise permitted by established copyright law.
If any provision of this Agreement is held invalid by a court, then the remaining provisions of this Agreement will remain in full force and effect.
(a) The waiver of any breach in this Agreement will not constitute a waiver of any subsequent breach or default, and will not negate the rights of the waiving party.
(b) The failure of myKustoma to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
A party may only assign this Agreement or a right under this Agreement with the prior written consent of the other party, which must not be unreasonably withheld or delayed.
A notice given under this Agreement may be delivered by:
(b) overnight courier;
(d) confirmed facsimile; or
(e) mailed by registered or certified mail, return receipt requested, postage prepaid,
(a) the address of the receiving party as listed on the applicable Online Subscription; or
(b) any other address given in writing by either party to the other party.
Such notice will be deemed to have been given as of the date it is delivered, mailed, emailed, faxed or sent, whichever is earlier.
12.9 Relationship of Parties
The relationship between the parties is solely as independent contractors, and this Agreement will not establish any partnership, joint venture, employment, franchise or agency between myKustoma and the Merchant.
Neither myKustoma nor the Merchant will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent.
12.10 Entire Agreement
This Agreement may only be amended in writing by representatives of both parties.
This Agreement may be executed in two or more counterparts and each will be deemed an original.
Sections 3.4, 5, 6, 9.10 and 11 will survive expiration or termination of this Agreement for any reason whatsoever.
Welcome to the www.mykustoma.com website and application (the "Site"). These Terms and Conditions ("Terms and Conditions") apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. This website is owned and operated by MyKustoma Innovative Technology Limited “The Company”.
MyKustoma operates the online platform that facilitates the e-commerce transactions (the myKustoma Platform). However, myKustoma is not responsible for providing the services (and products) purchased by end-user (consumer) via the myKustoma Platform.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.
www.mykustoma.com is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.
www.mykustoma.com may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
We grant you a non-transferable, revocable and non-exclusive license to use the Site, in accordance with the Terms and Conditions described herein, for the purpose of shopping for personal items sold on the Site. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
The Site is not available to persons whose membership has been suspended or withdrawn at any time by www.mykustoma.com. Further, if you are registering as a business entity, you agree that you have the authority to bind that entity to these terms and conditions and that you and the business entity will comply with all applicable laws relating to the scope of activity undertaken.
No person or business entity may register as a member of the Site more than once, liability under these Terms and conditions is to the specific individual, directly or indirectly related to the email address given by the users.
Product representations expressed on this Site are those of the sellers. Submissions or opinions expressed on this Site are those of the individual posting such content and do not necessarily reflect our opinions. Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features; you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.
Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process you agree to receive direct and promotional emails, SMS, and push notifications from the Site, and all of its divisions, subsidiaries, and affiliate operated Internet services. You can subsequently unsubscribe to receiving such direct and promotional communications by clicking on the link at the bottom of any promotional email or communication you receive but please note that some communication is necessary to complete a purchase/sell of an order and you cannot opt out of this communication if you are purchasing or selling.
Your Account and Registration Obligations
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site:
www.mykustoma.com may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf.
You agree to provide any information and/or documentation to www.mykustoma.com upon such requests. You acknowledge and agree that if you do not, www.mykustoma.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
Our aim is to ensure accessibility to the website at all times, however, we reserve the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.
In order to post a comment, question, review, and suggestion or submit any content to www.mykustoma.com you accept these Terms and conditions. www.mykustoma.com does not guarantee any confidentiality with respect to any User Submission, including your identity, regardless of whether a User Submission is posted or not, and you agree to allow (but not require) the use of your name or the name you submit to www.mykustoma.com in connection with your User Submissions.
In addition to the rights applicable to any Submission, when you post comments, questions, suggestions, or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
Ownership and Grant of Rights
www.mykustoma.com and the community work together to keep our sites and services working properly and the community safe. Please report items, problems, and offensive content and policy breaches to us. We work to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate.
You agree that we may communicate with you by promotional and direct email, SMS, push notifications or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy the Laws of Nigeria that such communications be in writing.
www.mykustoma.com requires your agreement during the registration process to send you, www.mykustoma.com and all of its divisions, subsidiaries, and affiliate operated Internet sites, promotional emails to let you know about any new changes, features or promotional activities added to the Site.
If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the unsubscribe link provided in the email, but please note that some communication is necessary to complete a purchase/sale of an order and that you cannot opt out of this communication if you are purchasing or selling.
Changes to these Terms and Conditions
You acknowledge and agree that www.mykustoma.com.ng shall endeavor to give you notice for any amendment to these Terms and conditions that materially increases your obligations or decreases your rights under these Terms and conditions ("Substantial Amendment") in accordance with the terms of these Terms and conditions.
You acknowledge and agree that www.mykustoma.com.ng at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
We will notify users of Changes to these terms and conditions by
You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
Fees and Services
The Site is an online market place platform facilitating the sale and purchase of items between end-user sellers and buyers.
www.mykustoma.com charges merchants a monthly subscription fee, a transaction fee to all sellers when their item is successfully sold through our shopping cart system and payment gateway, and special fees for additional services agreed with the sellers.
Before listing an item for sale through the Site, we request you to review the Transaction Fees that you will be charged as stated in our merchant Agreements on www.mykustoma.com. MyKustoma may amend the Commission Fees payable and will communicate the change two weeks in advance.
All payments made by end-Users shall be held in escrow by myKustoma until such purchases are confirmed fully satisfied. The said payment shall thereafter be made to the merchant within 6 (Six) business days after the deduction of the commission Feeds due to myKustoma.
Increase to the Features & Fees for mykustoma.com’s services are effective after www.myKustoma.com provides users with at least thirty (30) days' notice by posting the changes on the Site. However, www.mykustoma.com may choose to temporarily change the Features & Fees for its services for promotional events; such changes are effective when www.mykustoma.com posts the temporary promotional event on the Site.
www.mykustoma.com may decrease the fees as stated in the Features & Fees with no notice to users. www.mykustoma.com may, at its sole discretion, change some or all of www.mykustoma.com's services at any time. In the event www.mykustoma.com introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in Nigerian Naira (N).
Merchant accounts must stay up-to-date with all fees owed or the account may be suspended until all outstanding fees are paid in full. In the event that a merchant’s product count falls to zero their Boutique storefront will no longer show on site but the monthly merchant subscription fee will still be debited from the owner’s account until the account has been officially closed or downgraded. A merchant’s account can be closed or downgraded at any time and it is the responsibility of the merchant to manually terminate their merchant status from their Account Status page.
Use of the Site
While using the Site, you will not:
You undertake, represent and warrant that:
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either www.mykustoma.com, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
The compilation of the content on the Site is the exclusive property and copyright of www.mykustoma.com , is protected by copyright, trademarks, patents or other intellectual property rights and laws and may not be used downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited.
www.mykustoma.com is not responsible for copyright infringement.
"www.mykustoma.com” and related logos, and other words and logos are either unregistered trademarks or registered trademarks of www.mykustoma.com and are protected by international trademark and other intellectual property rights and laws. www.mykustoma.com’s trademarks may not be used in connection with any product or service that is not www.mykustoma.com’s nor in any manner that disparages or discredits www.mykustoma.com.
All other trademarks not owned by www.mykustoma.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by www.mykustoma.com .
www.mykustoma.com is not responsible for any intellectual property infringement.
Legal Compliance and Taxes
You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any www.mykustoma.com service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.
Platform for Communication
The Site is only a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items. www.mykustoma.com does not buy or sell items. www.mykustoma.com is not and cannot be a party to or control in any manner any transaction between two users of the Site and cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same.
MyKustoma might access and use the communications between buyers and sellers.
MyKustoma might use browsing, transaction history data to customize offers and communications.
You will not hold www.mykustoma.com responsible for other users' content, actions, or inactions, or items or Information they list or post.
The Site may include links to third party websites that are controlled by and maintained by others. www.mykustoma.com cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that www.mykustoma.com is not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the Site.
Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and www.mykustoma.com holds no responsibility in respect of such arrangements.
www.mykustoma.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
www.mykustoma.com excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.
You release and indemnify www.mykustoma.com and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.
Breach of Terms and conditions
Without prejudice to any other rights and remedies of www.mykustoma.com under these Terms and conditions or at law or otherwise, www.mykustoma.com may immediately and without liability: limit your activity, remove your offer, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, revoke any or all of your rights granted under these Terms and Conditions, and/or limit or withdraw your access to the Site:
www.mykustoma.com may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with www.mykustoma.com or use the Site in any manner whatsoever until such time that such user is reinstated by www.mykustoma.com.
Notwithstanding the foregoing, if you breach these Terms and conditions www.mykustoma.com reserves the right to recover any amounts due and owing by you to www.mykustoma.com or any losses and damages caused by you to www.mykustoma.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as www.mykustoma.com in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of www.mykustoma.com’s right to take any actions with respect to that, or subsequent or similar breaches. www.mykustoma.com does not guarantee that it will take action against all breaches that there may be of these Terms and conditions.
Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of www.mykustoma.com, your sole and exclusive remedy is to discontinue using the Site.
All purchases on the Site are a commitment by you to complete the purchase of the item on which you have purchased. If you are the buyer for any item and your purchase is accepted by the seller, you are obligated to complete the transaction with the seller.
By purchasing an item you agree to be bound by the conditions of sale included by the seller in the item's description on the Site (so long as those conditions of sale are not in violation of these Terms and conditions or are not in compliance with applicable laws). In case of consumer goods generally available in retail stores, sellers on the Site may or may not specify the normal retail prices of items being sold. You are advised to independently verify the retail prices of such items if you so desire.
You agree not to test the Site with false purchases, nor to use a false name, other false personal information or use an unauthorized or known invalid credit card to purchase. Without prejudice to the rights and remedies available to www.mykustoma.com under these Terms and conditions or at law, www.mykustoma.com may take such steps as it deems appropriate or necessary including taking legal action against users who intentionally enter erroneous, fictitious or fraudulent purchases. Please be aware that even if you do not give www.mykustoma.com your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
As a registered member of the Site, you may list item(s) for sale on the Site. You may only offer for sale or sell item(s) on the Site in compliance with applicable laws and you must be legally able to offer for sale or sell such items under applicable laws. The price of an item is inclusive of all taxes. Listings may only include text descriptions, graphics and pictures that describe your item for sale.
All listed items must be listed in an appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating your contact details (e.g. contact phone number, address or e-mail) in the item listing or elsewhere on the Site other than in your registration data is expressly prohibited and would constitute a breach of these Terms and conditions.
The listing description of the item must not be misleading and must describe the actual current condition of the item. If the item description does not match the actual current condition of the item, you agree to refund any amounts in relation to that item that you may have received from the buyer. You agree not to list a single item multiple times for sales, including without limitation across various categories on the Site. You acknowledge and agree that www.mykustoma.com has the right to delete such multiple listings of the same item.
You are legally obligated to complete the sale with the buyer for every order received. You agree to contact the buyer and supply the item sold to the buyer in the conditions described in your offer. Without limiting any rights or remedies available to www.mykustoma.com under these Terms and conditions or at law, www.mykustoma.com may suspend, limit or withdraw your access to the Site and/or your membership of the Site if you do not comply with these Terms and Condition and/or are found to have engaged in false or fraudulent activity in connection with the use of the Site.
Where goods which have been dispatched by a myKustoma 3PL Partner is returned by the buyer or rejected upon delivery, the Seller shall be required to collect the Goods within 14 days of notification of such return or rejection, failing which the Seller would be liable to pay a demurrage fee for every additional day of delay in collecting the Goods.
Where the Seller fails to pick up the Goods within 21 days of notification of the return or rejection, the Seller agrees that myKustoma shall be at liberty to dispose of the Goods, and would not be liable to the Seller for the cost of the Goods.
Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of www.mykustoma.com under these Terms and conditions or at law or otherwise, www.mykustoma.com may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of these Terms and conditions.
www.mykustoma.com provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. www.mykustoma.com makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted.
www.mykustoma.com makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work, or definitely closed. You agree that www.mykustoma.com has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
Limitation of Liabilities
To the extent permitted by law, www.mykustoma.com , its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or these Terms and conditions (however arising, including negligence or otherwise and whether or not www.mykustoma.com has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to www.mykustoma.com and www.mykustoma.com shall treat any such unauthorized use as subject to the terms and conditions of these Terms and conditions
You agree to indemnify and hold www.mykustoma.com and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of these Terms and conditions, or your violation of any law or the rights of any third party, including without limitation any copyright, property, or privacy right. Your indemnity obligation survives these Terms and conditions, your use of www.mykustoma.com, or any termination of your www.mykustoma.com user account.
No Agency and Guarantee
www.mykustoma.com does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside our control or otherwise.
You and www.mykustoma.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If you find yourself in a dispute with another user of www.mykustoma.com Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Transfer of Rights and Obligations
You hereby grant www.mykustoma.com the right to, and irrevocably acknowledge and agree that www.mykustoma.com may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under these Terms and conditions to any of its affiliates without requiring your further specific agreement. www.mykustoma.com agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site.
You may not at any time, without the prior written consent of www.mykustoma.com , transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under these Terms and conditions without the prior written consent of www.mykustoma.com .
If any clause of these Terms and conditions shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of these Terms and conditions. These Terms and conditions sets forth the entire understanding and agreement between you and www.mykustoma.com with respect to the subject matter hereof.
These Terms and conditions is governed by, and construed in accordance with, the Laws of the Federal Republic of Nigeria. This clause will survive any expiry or cancellation of these Terms and conditions for any reason.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions to any third party is prohibited unless agreed upon in writing by the delivery. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions to any third party.
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