Terms of Use

1. Agreement to these Terms

By accessing or using OpenMarket, you agree to these Terms of Use and our Privacy Policy. If you do not agree, do not use the Platform.

If you use the Platform on behalf of a business, you represent that you have authority to bind that business to these Terms.

2. What OpenMarket is (and is not)

OpenMarket is a product discovery and connection platform. It allows visitors to browse and search product listings published by independent sellers, and to contact those sellers directly (for example by phone call or WhatsApp).

We do not:

• Process payments, hold funds, or provide checkout
• Arrange delivery, shipping, or logistics
• Act as buyer or seller of the listed products (except where we expressly state otherwise)
• Guarantee the quality, safety, legality, or availability of any product
• Guarantee that any seller will respond, complete a sale, or honour a price

Any purchase, negotiation, payment, delivery, refund, or warranty arrangement is solely between the buyer and the seller. OpenMarket is not a party to that transaction.

3. Eligibility

You must be able to form a binding contract under applicable Nigerian law to use certain features (including seller registration). The Platform is not intended for children. If you are under the age of majority in your state of residence, you may only use the Platform with appropriate parental or guardian involvement where required by law.

4. Accounts

4.1 Visitors / buyers

Browsing and contacting sellers does not require a buyer account. You are responsible for any information you share directly with sellers outside the Platform.

4.2 Sellers

To list products you must register as a seller, provide accurate information, and keep your account secure. Seller accounts may remain pending until approved by an administrator. We may refuse, suspend, or terminate accounts that violate these Terms or applicable law.

4.3 Account security

You are responsible for maintaining the confidentiality of your login credentials and for activity under your account. Notify us promptly via the Contact page if you suspect unauthorised access.

5. Seller obligations

If you list products on OpenMarket, you agree that:

• You have the legal right to offer the products you list
• Listing information (including price, condition, description, location, and images) is accurate and not misleading
• You will not list prohibited, illegal, counterfeit, stolen, or dangerous items
• Your published contact details are valid and used lawfully
• You will deal fairly with buyers you contact through the Platform
• You are solely responsible for taxes, licences, and regulatory requirements applicable to your sales
• You will not use the Platform to harass, defraud, or spam others

We may review, approve, reject, unpublish, or remove listings at our discretion, including for quality, safety, legal, or policy reasons. Approval of a listing is not an endorsement of the product or seller.

6. Buyer responsibilities

When contacting sellers or considering a purchase, you agree to:

• Communicate respectfully and lawfully
• Verify product details, condition, and seller identity to your own satisfaction before paying
• Use secure and sensible payment practices when dealing with sellers offline
• Not misuse seller contact information (including for spam or harassment)

OpenMarket is not responsible for disputes, non-delivery, defective goods, or payment problems between buyers and sellers.

7. Prohibited content and conduct

You must not use the Platform to:

• Violate any applicable Nigerian law or regulation
• List or promote illegal goods or services, weapons where restricted, drugs, or other prohibited items
• Post false, defamatory, obscene, or infringing content
• Upload malware or attempt to hack, scrape, or disrupt the Platform
• Impersonate any person or misrepresent your affiliation
• Collect personal data of other users without a lawful basis
• Circumvent security, moderation, or access controls

We may remove content, limit features, suspend accounts, or report activity to competent authorities where we reasonably believe it is necessary.

8. Intellectual property

The Platform’s design, branding, software, and original content (excluding user-submitted listings) are owned by OpenMarket or its licensors and are protected by applicable intellectual property laws.

By submitting product images, descriptions, and other listing content, you grant us a non-exclusive, worldwide, royalty-free licence to host, display, reproduce, and distribute that content on the Platform for operating and promoting the marketplace. You represent that you own or have rights to the content you submit and that it does not infringe third-party rights.

9. Reports and moderation

Users may report products or conduct that appear unlawful or in breach of these Terms. We may investigate and take action we consider appropriate, but we are not obliged to take action on every report and do not guarantee any particular outcome.

10. Disclaimers

The Platform is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable Nigerian law, we disclaim warranties of merchantability, fitness for a particular purpose, uninterrupted availability, and accuracy of listings.

We do not control seller behaviour, product quality, or offline transactions. Any reliance on information on the Platform is at your own risk.

11. Limitation of liability

To the fullest extent permitted by applicable law, OpenMarket and its operators, officers, and agents shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or business opportunities arising from your use of the Platform or from transactions between users.

Without limiting the above, we are not liable for payment disputes, failed deliveries, defective or misrepresented products, or seller non-performance. Nothing in these Terms excludes liability that cannot be excluded under applicable Nigerian law.

12. Indemnity

You agree to indemnify and hold harmless OpenMarket and its operators from claims, losses, and expenses (including reasonable legal fees) arising from your content, your use of the Platform, your transactions with other users, or your breach of these Terms or applicable law.

13. Suspension and termination

We may suspend or terminate access to the Platform, remove listings, or restrict features at any time if we reasonably believe you have breached these Terms, created risk or legal exposure, or if required for operational or legal reasons. You may stop using the Platform at any time. Provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, and indemnity) will survive termination.

14. Changes to the Platform and Terms

We may modify the Platform and these Terms from time to time. The “Last updated” date will be revised when changes are made. Continued use after changes become effective constitutes acceptance of the updated Terms, except where applicable law requires additional notice or consent.

15. Governing law and disputes

These Terms are governed by the laws of the Federal Republic of Nigeria.

In the event of a dispute arising out of or relating to these Terms or the Platform, you agree to first contact us via the Contact page so we can attempt to resolve the matter informally. If a dispute cannot be resolved amicably, it shall be subject to the exclusive jurisdiction of the courts of Nigeria, without prejudice to any mandatory consumer protections that may apply under Nigerian law.

Disputes between buyers and sellers about products, payments, or delivery should be resolved directly between those parties.

16. General

• If any provision of these Terms is held unenforceable, the remaining provisions remain in effect.
• Our failure to enforce a provision is not a waiver of our right to do so later.
• These Terms, together with the Privacy Policy, form the main agreement between you and us regarding the Platform.
• You may not assign your rights under these Terms without our prior written consent.

17. Contact

Questions about these Terms may be sent through our Contact page.

Platform: OpenMarket