Introduction
About EBN
Using EBN
Abusing EBN
Fees
Listing Conditions
Purchase Conditions
International buying, selling and translation
Content
Restricting Funds
Additional Terms
Returns
EBN Money Back Guarantee
Correcting mistakes in payments to buyers and sellers
Global Shipping Programme
Delivery Options
Liability
Correcting mistakes in payments to buyers and sellers
Compensation
Legal Disputes
General
Introduction
This User Agreement, the EBN User Privacy Notice, the Mobile Device Terms and all policies posted on our sites set out the terms on which EBN offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). All policies, the Mobile Device Terms and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.
About EBN
EBN is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations.
EBN does not have " in possession any listed item or items sold through EBN", and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. EBN is not a traditional auctioneer.
While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. EBN does not review users' listings or content. While we may help facilitate the resolution of disputes through various programmes, EBN has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Sellers must have a valid payment method on file with EBN at all times. You authorise EBN to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services provided by EBN. This includes, but is not to, amounts owed for EBN fees, EBN Money Back Guarantee reimbursements and postage labels. EBN will notify you of these charges. If payments or amounts owed to EBN cannot be completed through the payment method on file for any reason, you remain obligated to pay EBN for all unpaid amounts and EBN reserves the right to seek reimbursement through other means plus any additional costs incurred by EBN in seeking reimbursement. You can change your payment method in My EBN at any time.
Under the EBN Money Back Guarantee, if a seller chooses or is required to reimburse the buyer or EBN because a case is resolved in the buyer's favour, we may:
1. remove funds from the seller's Bank account to reimburse the buyer for the cost of the item and the original postage cost in accordance with the seller's authorisation provided to us under this User Agreement; or
2. where there are insufficient funds in the seller's BANK account, directly refund the buyer for the cost of the item and the original postage cost, and, in this case, the seller must reimburse us in full, and in a timely manner, for an amount equivalent to the sum we paid to the buyer.
Where the seller is found at fault, we will notify the seller and charge the reimbursement amount to the seller's chosen method of payment, or invoice the seller for the reimbursement amount.
Using EBN
In connection with using or accessing the Services you will not:
• post, list or upload content or items in inappropriate categories or areas on our sites;
• breach or circumvent any laws, third party rights or our systems or policies;
• sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
• use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
• fail to pay for items purchased by you, unless you have a valid reason as set out in an EBN policy, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our unpaid item policy);
• fail to deliver items sold by you, unless you have a valid reason as set out in an EBN policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
• manipulate the price of any item or interfere with any other user's listings;
• post false, inaccurate, misleading, defamatory, or libellous content;
• take any action that may undermine the Feedback or ratings systems (please see our rules about Feedback);
• transfer your EBN account (including Feedback) and user ID to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• use the contact information of other users for any purpose other than in relation to a specific EBN transaction (which includes using this information to send marketing materials directly to EBN users unless the user has given explicit consent to receiving these materials);
• distribute viruses or any other technologies that may harm EBN, or the interests or property of EBN users;
• use any robot, spider, scraper or other automated means to access our Services for any purpose.
• bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• export or re-export any EBN application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
• infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to EBN. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to EBN or someone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
• commercialise any EBN application or any information or software associated with such application;
• harvest or otherwise collect information about users, such as email addresses, without their consent; or
• circumvent any technical measures we use to provide the Services.
If you are registering with EBN as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on EBN, you must comply with all applicable laws relating to online trading for the site you are selling on (please see Listing Conditions for more information on the legal requirements for selling in the NIGERIA).
You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any services provided up to the point of cancellation.
If (1) we believe you are violating the policy on Offers to buy or sell outside of EBN, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement; and (2) you are a seller and you offer or reference your contact information or ask for the buyer’s contact information in the context of buying or selling outside of EBN, you will be liable for all final value fees in consideration for the introduction to a buyer for that item on the EBN site, even if the item does not sell.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Abusing EBN
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
• we think that you are creating problems or possible legal liabilities;
• we think that such restrictions will improve the security of the EBN community or reduce our or another EBN user's exposure to financial liabilities;
• we think that you are infringing the rights of third parties;
• we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
• despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
• you fail to make full payment of any fees due for our Services by your payment due date.
When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do
the right thing for both buyers and sellers.
Fees
The fees we charge for using our Services are listed on our Seller fees page. We may change our fees, or introduce new fees from time to time by posting the changes on the EBN site or via the Messages section of My EBN 30 days in advance. You may close your account without penalty within 30 days of such notice being given. If you are a seller, you are liable for transaction fees arising out of all sales made using some or all EBN Services, even if sales terms are finalised or payment is made outside of EBN. In addition, if you are a seller and you offer or reference your contact information or ask for a buyer’s contact information, you may be liable to pay a final value fee in consideration for the introduction to a buyer for that item on the EBN site, even if the item does not actually sell. You are required to have a payment method on file when selling on EBN. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.
Listing Conditions
When listing an item, you agree to comply with the rules for listing and selling practices policy and that:
• you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted Items policy;
• your listing may not be immediately searchable by keyword or category for up to 24 hours. EBN does not guarantee exact listing durations;
• content that violates any of EBN's policies may be modified, obfuscated or deleted at EBN's discretion;
• we may revise data in the EBN product catalogue to supplement, remove, or correct information you have provided and, if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly;
• where your listing appears in search and browse results may be based on certain factors such as listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback, EBN policy compliance and detailed seller ratings. Learn more about finding an item you listed for sale;
• EBN's duplicate listing policy may also affect whether your listing appears in search results;
• Meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results;
• We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;
• some optional upgrade features will only be visible on certain EBN Services.
Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
Purchase Conditions
When buying an item, you agree to comply with the rules for buyers and that:
• you are responsible for reading the full item listing before making a bid or commitment to buy;
• you enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted);
• for motor vehicles, and real estate (property) listed in the Classified Ad format, a bid or offer is not binding, but expresses a buyer's serious interest in the item;
• if you purchase an item on an EBN site other than EBN.co.Nigeria you are subject to the User Agreement of that other EBN site solely with respect to that particular purchase.
International buying, selling and translation
Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of items. Your items may be listed on one or more of EBN's international sites in addition to ebn.com.ng You may stop your listings from appearing on international sites by excluding international postage locations from your listings. By selecting international postage you authorise EBN, in its discretion, to display your listings on EBN sites other than the original listing site but acknowledge that your listings may not appear on some or all of these sites. When you sell your items internationally, you agree to be subject to that other site’s policies, and you agree to be subject to and accept EBN's International Selling Agreement. You authorise us to use automated tools to translate your EBN content and member to member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.
Content
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees. We may offer, license or otherwise make available for your use catalogues of stock images, descriptions, product specifications, and other content, which may be provided by third-parties (including EBN users). You may use such catalogue content solely in connection with your EBN listings during the time your listings are on EBN's sites. That permission is subject to modification or revocation at any time at EBN’s sole discretion. While we try to offer reliable data, we cannot promise that catalogue content will always be accurate and up-to-date, and you agree that you will not hold us or our catalogue providers responsible for inaccuracies. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all EBN policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
Restricting Funds
To protect against the risk of liability, EBN has at times recommended, and may continue to recommend, that BANK restrict access to funds in a seller's BANK account based on certain factors, including, but not to, selling history, seller performance, returns, riskiness of the listing category, transaction value or the filing of a case. This may result in BANK determining to restrict funds in your BANK account.
To protect against the risk of liability, EBN has at times recommended, and may continue to recommend, that BANK restrict access to funds in a seller's BANK account based on certain factors, including, but not to, selling history, seller performance, returns, riskiness of the listing category, transaction value or the filing of a case. This may result in BANK determining to restrict funds in your BANK account.
To protect against the risk of liability, EBN has at times recommended, and may continue to recommend, that BANK restrict access to funds in a seller's BANK account based on certain factors, including, but not to, selling history, seller performance, returns, riskiness of the listing category, transaction value or the filing of a case. This may result in BANK determining to restrict funds in your BANK account.
Additional Terms
Returns
Sellers can create rules to automate returns and refunds under certain circumstances. For all new sellers, EBN may set a default rule that automates the return process for some or all listings where returns are accepted. Sellers may remove or customise their returns preferences in their account settings within My EBN. Where returns have been set to automatically accept requests, an EBN-generated return postage label will be provided to your buyer. You agree to comply with our returns policies. When an item is returned, to refund the buyer, you authorise EBN to request BANK to reverse the refund amount (in the same or other currency) from your BANK account, and place the amount on your seller invoice as a fee (which may be charged to your automatic payment method on file). If the buyer returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs. You authorise EBN to include return postage charges and auto-refunds on your seller invoice as a fee, which may be charged to your automatic payment method on file, when: • An EBN generated return postage label is used, and the seller is responsible for its cost; • Returns and refunds have been automated and/or • You fail to send your buyer a return shipping label and instead an EBN generated label is used. Please note that insofar as EBN collects payments in respect of return label postage costs on your seller invoice, it does so as agent for Intelligence Technologies Limited. When a transaction is cancelled, and you choose to refund the buyer via EBN, you authorise EBN to request BANK to reverse the refund amount (in same or other currency) from the seller’s BANK account, to the buyer. See our Cancellation Policy for more details.