Terms and Conditions for Naiya.ng

Date of Last Revision: May 22, 2025

Welcome to Naiya.ng! These Terms and Conditions ("Terms") govern your access to and use of the Naiya.ng website (the "Site"), and its associated services (collectively, the "Services"). Naiya.ng is a classified marketplace where sellers ("Sellers") can list items ("Items") in various categories, and buyers ("Buyers") can contact Sellers directly to purchase these Items.

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. "You" or "User" refers to any person accessing or using the Services, whether as a Seller, Buyer, or otherwise.

1. Acceptance of Terms

By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms and all other operating rules, policies, and procedures that may be published from time to time on the Site by Naiya.ng, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

Certain of the Services may be subject to additional terms and conditions specified by Naiya.ng from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

These Terms apply to all Users of the Services, including, without limitation, Users who are contributors of content, information, and other materials or services, registered or otherwise.

Eligibility: You must be at least 18 years of age to use our Services. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

2. User Accounts and Registration

Account Creation: To access certain features of the Site, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, phone number, and other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.

Account Security: You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You agree to notify Naiya.ng immediately of any unauthorized use of your account or any other breach of security. Naiya.ng will not be liable for any loss or damage arising from your failure to comply with this section.

Account Termination: Naiya.ng reserves the right to suspend or terminate your account and your access to the Services at its sole discretion, without notice and liability, if you violate these Terms, or for any other reason.

3. Seller Obligations and Conduct

Listing Items: Sellers are responsible for the accuracy, content, and legality of their listings. All listings must be for tangible items or services that are permitted to be sold under Nigerian law.
Sellers must provide accurate and complete descriptions of Items, including their condition, price, and any applicable taxes (e.g., VAT).
Sellers must own the legal right to sell the Items they list.
Prohibited Items: Sellers may not list Items that are illegal, counterfeit, stolen, hazardous, or otherwise violate Naiya.ng's Prohibited Items Policy (which will be made available on the Site and updated from time to time). Naiya.ng reserves the right to remove any listing that violates these Terms or the Prohibited Items Policy.
Pricing: Sellers are solely responsible for setting the price of their Items. Prices must be stated in Nigerian Naira (NGN) and be inclusive of any applicable taxes.
Communication with Buyers: Sellers must communicate truthfully and professionally with Buyers.
Fulfillment of Sales: Sellers are responsible for fulfilling sales with Buyers in a timely and agreed-upon manner. Naiya.ng is a platform for connecting Buyers and Sellers; Naiya.ng is not a party to any transaction between Buyers and Sellers.
Compliance with Laws: Sellers agree to comply with all applicable Nigerian laws and regulations regarding their use of the Services and the sale of Items, including but not limited to the Federal Competition and Consumer Protection Act (FCCPA) 2018, the Sale of Goods Act, and any relevant tax laws.

4. Buyer Obligations and Conduct

Contacting Sellers: Buyers may contact Sellers directly through the platform to inquire about and purchase Items.
Payment: Buyers are responsible for making payment directly to Sellers according to the terms agreed upon between the Buyer and Seller. Naiya.ng does not process payments between Buyers and Sellers and is not responsible for any payment disputes.
Fair Dealing: Buyers agree to interact with Sellers in a fair and respectful manner.
Compliance with Laws: Buyers agree to comply with all applicable Nigerian laws and regulations regarding their use of the Services and the purchase of Items.

5. Naiya.ng's Role and Responsibilities

Platform Provision: Naiya.ng provides a platform for Sellers to list Items and for Buyers to find and contact Sellers.
No Endorsement or Guarantee: Naiya.ng does not endorse, guarantee, or take responsibility for any Items listed on the Site, the truthfulness or accuracy of listings, 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.
No Involvement in Transactions: Naiya.ng is not involved in the actual transaction between Buyers and Sellers. As a result, Naiya.ng has no control over the quality, safety, morality, or legality of any aspect of the Items listed, the truth or accuracy of the listings, the ability of Sellers to sell items, or the ability of Buyers to pay for items.
Right to Moderate: Naiya.ng reserves the right, but is not obligated, to monitor and moderate content posted on the Site and to remove any content that, in its sole discretion, violates these Terms or is otherwise objectionable.

6. Prohibited Conduct

Use the Services for any illegal purpose or in violation of any local, state, national, or international law, including Nigerian laws.
Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right.
Post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
Interfere with security-related features of the Services, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law.
Interfere with the operation of the Services or any User's enjoyment of the Services, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another User of the Services; (c) attempting to collect personal information about another User or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services.
Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth.
Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 10) or any right or ability to view, access, or use any Material.
Engage in any activity that is harmful to the reputation of Naiya.ng.

7. Intellectual Property

Naiya.ng Content: The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services ("Materials") provided by Naiya.ng are protected by intellectual property and other laws. All Materials included in the Services are the property of Naiya.ng or its third-party licensors. Except as expressly authorized by Naiya.ng, you may not make use of the Materials. Naiya.ng reserves all rights to the Materials not granted expressly in these Terms.
User Content: Users may post, upload, or otherwise contribute content to the Site, including images, descriptions, and comments ("User Content"). You retain ownership of your User Content. However, by posting User Content on the Site, you grant Naiya.ng a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services and Naiya.ng's (and its successors' and affiliates') business, including for promoting and redistributing part or all of the Services.
Responsibility for User Content: You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit.

8. Data Privacy and Protection

Naiya.ng will collect, use, and disclose personal information in accordance with its Privacy Policy (which will be made available on the Site and updated from time to time). The Privacy Policy is incorporated by reference into these Terms.
Naiya.ng is committed to protecting your privacy and personal data in compliance with applicable Nigerian data protection laws, including the Nigeria Data Protection Act (NDPA) 2023.
By using the Services, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.
Sellers who collect personal information from Buyers are responsible for complying with all applicable data protection laws with respect to that information.

9. Disclaimers and Limitation of Liability

"AS IS" and "AS AVAILABLE": THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. NAIYA.NG DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. NAIYA.NG DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND NAIYA.NG DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO RESPONSIBILITY FOR USER INTERACTIONS: NAIYA.NG IS NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS ARISING OUT OF YOUR INTERACTIONS WITH OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES AND ANY OTHER PARTIES WITH WHOM YOU INTERACT THROUGH THE SERVICES; PROVIDED, HOWEVER, THAT NAIYA.NG RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO INTERCEDE IN SUCH DISPUTES.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NAIYA.NG BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NAIYA.NG HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF NAIYA.NG TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO NAIYA.NG FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) N10,000 (TEN THOUSAND NIGERIAN NAIRA).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Indemnification

You agree to defend, indemnify, and hold harmless Naiya.ng and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party (including any other User). Naiya.ng reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with Naiya.ng's defense of those claims.

11. Dispute Resolution and Governing Law

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles.
Disputes Between Users: Naiya.ng is not a party to any transaction or dispute between Buyers and Sellers. Users are encouraged to resolve disputes amicably. Naiya.ng may, but is not obligated to, offer assistance in resolving disputes between Users.
Disputes with Naiya.ng: In the event of a dispute arising out of or relating to these Terms or the Services, you agree to first attempt to resolve the dispute informally by contacting Naiya.ng. If the dispute cannot be resolved informally, you agree that any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the competent courts of Nigeria. Consideration may be given to Online Dispute Resolution (ODR) mechanisms such as mediation or arbitration as they become more prevalent and recognized in Nigeria.
Consumer Rights: These Terms do not affect your statutory rights as a consumer under Nigerian law, including those provided by the Federal Competition and Consumer Protection Act (FCCPA).

12. Modifications to the Terms

Naiya.ng reserves the right to change or modify these Terms at any time and in its sole discretion. If Naiya.ng makes changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services, or updating the "Date of Last Revision" date at the beginning of these Terms. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended Terms, you must stop using the Services.

13. Termination

Termination by You: You may terminate your account and these Terms at any time by discontinuing your use of the Services and contacting Naiya.ng to close your account.
Termination by Naiya.ng: Naiya.ng may, in its sole discretion, suspend or terminate your account and access to the Services, or any part thereof, at any time and for any reason, with or without notice, including if Naiya.ng believes that you have violated or acted inconsistently with the letter or spirit of these Terms.
Effect of Termination: Upon termination of your account, your right to use the Services will immediately cease. Sections of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and Naiya.ng regarding your use of the Services.
Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
No Waiver: The failure of Naiya.ng to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Naiya.ng without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notices: Any notices or other communications provided by Naiya.ng under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Force Majeure: Naiya.ng shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

15. Contact Information

If you have any questions about these Terms or the Services, please contact Naiya.ng at:
support@naiya.ng
Lagos, Nigeria

By using Naiya.ng, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Prohibited Items Policy (Summary)

This is a summary and not an exhaustive list. Naiya.ng reserves the right to determine what items are prohibited.

Illegal items or services
Counterfeit or stolen goods
Weapons and explosives
Drugs and drug paraphernalia
Hazardous materials
Adult content and pornography
Sexual items
Items that infringe upon intellectual property rights
Any item or service deemed inappropriate or harmful by Naiya.ng

Please ensure you familiarize yourself with the full Prohibited Items Policy on the Naiya.ng website.

Note on Legal Compliance:

These Terms and Conditions are intended to be comprehensive. However, laws and regulations in Nigeria are subject to change. Naiya.ng will endeavor to keep these Terms updated. It is your responsibility to ensure your activities on the platform comply with all current Nigerian laws. Specifically, users should be aware of their obligations under:

The Constitution of the Federal Republic of Nigeria 1999 (as amended).
Federal Competition and Consumer Protection Act (FCCPA) 2018.
Nigeria Data Protection Act (NDPA) 2023.
Cybercrimes (Prohibition, Prevention, etc.) Act, 2015.
Companies and Allied Matters Act (CAMA) 2020 (if applicable to Sellers as businesses).
Sale of Goods Act.
Relevant regulations by the Nigerian Communications Commission (NCC) and the National Information Technology Development Agency (NITDA).