The BarterX.ng web site, apps, features, and all site-related services (collectively, the "Service") comprise an online information service provided by BarterX Ltd. ("BarterX"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. BarterX MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SERVICE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Service are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are BarterX, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to BarterX a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, read, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public or private areas of the Service (such as listings, comments, messages, feedback, bulletin boards, forums and newsgroups) or by e-mail to BarterX by all means and in any media now known or hereafter developed. You also grant to BarterX the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against BarterX for any alleged or actual infringement or misappropriation of any proprietary right in your communications to BarterX.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Service are the exclusive trademarks or service marks of BarterX. Other product and company names mentioned in the Service may be the trademarks of their respective owners.

2. Use of the Service.

By joining the Service, you become a member of a marketplace and community for listing and exchanging items.

- "Account" means the entirety of your contractual rights and obligations under this Agreement associated with a particular Account name you have selected for accessing the Service.

- You agree not to post content or listings in an inappropriate category or areas of the Service.

- You agree not to violate any laws, third party rights or our policies.

- You agree to deliver items traded from you, unless the trader fails to meet the terms in your listing or you cannot authenticate the trader's identity.

- You agree not to manipulate the price or interfere with any listings.

- You agree not to post false, inaccurate, misleading, defamatory, or libelous content (including personal information).

- You agree not to promote your referral links or the Service using SPAM or deceptive tactics.

- You agree not to solicit offline transactions or exchange any items directly for cash.

- You agree not to distribute or post SPAM, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.

- You agree not to collect information about users, including email addresses, names, listings, etc. without their consent.

At present, Service membership is free, but we may institute a charge at some point in the future to defray the cost of providing this valuable service. If we do add any fees, you will be given plenty of notice and have the opportunity to accept or decline the charges.

If you choose to use paid aspects of the Service, you agree to the posted pricing and billing policies on the web site, apps or through the Service.

You understand that, except for information, products or services clearly identified as being supplied by BarterX, BarterX does not operate, control or endorse any information, products or services on the Internet in any way. Except for BarterX identified information, products or services. All information, products and services offered through the service or on the Internet generally are offered by third parties that are not affiliated with BarterX. You also understand that BarterX cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET. BarterX PROVIDES THE SERVICE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND BarterX SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. BarterX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. BarterX HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL BarterX BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF BarterX OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, BarterX LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

BarterX makes no representations whatsoever about any other web site or app which you may access through this one or which may link to this Service. When you access a non-BarterX web site or app, please understand that it is independent from BarterX, and that BarterX has no control over the content on that web site or app. In addition, a link to a BarterX web site or app does not mean that BarterX endorses or accepts any responsibility for the content, or the use, of such web site or app.

3. Membership Eligibility

This service may be used only by persons 18 years of age or older. BarterX makes no representations whatsoever regarding the suitability of any items exchanged through this service.

One Account per Person, No individual is permitted to have more than one single account at any time.

Registration in Own Name

Accounts may be registered only by the individual seeking membership. Registration of Accounts in a name other than the registrant's, fictitious or real is expressly prohibited. Such use constitutes fraud and may give rise to criminal prosecution and substantial damages. BarterX prosecutes fraud to the fullest extent of the law.

Transferability

Your Account is not transferable outside of legitimate transactions on BarterX.

4. Exchanged Material

By using this Service, you agree to participate in the free exchange of personal property.

Listing or Posting

By listing or posting items to give away, you aver that you have the unrestricted right to transfer ownership of the items. The posting or listing of items without the intention of giving them away is expressly prohibited and may constitute wire or mail fraud in violation of Nigeria federal and state law.

Intellectual property

You agree that all items posted and shipped are legal and do not infringe any intellectual property rights, including but not limited to copyrights, trademarks, and patents.

Sexually explicit, pornographic, or obscene material

You agree not to post or ship any items of a sexually explicit, pornographic, or obscene nature.

Items in violation of law

You further agree that you will not post or ship any items in violation of the laws or regulations of any state, city, parish, township, municipality, federal agency, or other governmental entity.

No Service Review

You understand that BarterX cannot review items posted to the Service. You agree to assume full responsibility for any items posted to your Account and bid on by you. You agree to indemnify and hold BarterX harmless for any violations of law or regulation that arise in connection with the posting to your Account of items resulting in civil or criminal liability.

Ownership Transfer

By giving away or shipping an item, you are transferring all ownership rights that you may have in such item and forever waive any claims thereto. Items given away through this service become the sole property of the recipient with no obligation to re-list the item.

5. Shipping and Pickups

You agree to respond to all valid requests to ship or pickup items from ended listings in a timely manner. You agree to work out shipping expenses with the auction winner outside of the Service. BarterX is not responsible for any lost shipping expenses and cannot refund or help recover shipping expenses for any reason, including lost or stolen items, damaged items or non-shipment.

Lost or Damaged Items

BarterX is not responsible for any item that is shipped by a member and is lost or damaged in the shipping process. Items lost or damaged in transit are the sole responsibility of the shipping member. In the event that there is a dispute between members regarding the shipment or condition of an item, BarterX will attempt to mediate the dispute and may in its sole discretion, grant or penalize members who have shipping or condition problems. BarterX's mediation is final and binding to all involved parties.

Members making inappropriate reports of damaged or lost items may be penalize and/or Account suspension, in the sole discretion of the Service.

6. Credit Accounts And Licensing

BarterX may charge fees to acquire or use Credits from time to time, and these fees may change at any time. Credits are purchased or distributed at BarterX's discretion and are not redeemable for monetary value from BarterX.

When you receive a Credit, BarterX hereby grants you a limited license ("Credit License") to use the Credit as a virtual token to be held, bartered, traded and/or transferred on the Service with other users (and/or BarterX), in exchange for permission to access and use content, applications, services, and various user-listed items, in accordance with these Terms of Service. The Credit License is transferable by the holder to any other user, provided that both users comply with these Terms of Service and maintain their Accounts in good standing. Except as expressly permitted by this Agreement or otherwise expressly permitted by BarterX, the Credit License may not be sublicensed, encumbered, conveyed or made subject to any right of survivorship or other disposition by operation of law or otherwise, and you agree that any attempted disposition in violation of these Terms of Service is null and void. BarterX may revoke the Credit License at any time without notice, refund or compensation in the event that:

(i) The Credit program is suspended or terminated;

(ii) BarterX determines that the Account holder has committed fraud or other illegal conduct;

(iii) BarterX imposes an expiration date on usage of Credits in compliance with applicable laws and regulations;

(iv)The holder's Account is terminated for violation of these Terms of Service; or

(v) The holder ceases to maintain an active Account or terminates this Agreement.

You acknowledge that Credits are not real or virtual currency or any type of financial instrument and are not redeemable for any sum of money from BarterX at any time. You agree that BarterX has the right to manage, regulate, control, and/or modify the license rights underlying such Credits as it sees fit and that BarterX will have no liability to you based on its exercise of this right. BarterX makes no guarantee as to the nature, quality or value of the features of the Service that will be accessible through the use of Credits, or the availability or supply of Credits. BarterX may modify, revalue, or make the Credits and Services more or less common, valuable, effective, or functional.

You acknowledge that except as set forth in this Agreement, purchases of Credits or other goods, content and features of the Service are final, non-refundable, have no monetary value (i.e. are not a cash account or equivalent) and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use, even if they come with a durational term (e.g. a monthly subscription). Notwithstanding any agreement by BarterX to provide a discretionary pro-rata refund or credit in certain circumstances, you have no property, proprietary, intellectual property, ownership, economic, or monetary interest in your Account, Credits, content or subscriptions, which remain the exclusive property of BarterX.

Dormant Accounts

An Account may be deemed "dormant" when no items have been listed or bids placed within any 1 year period. Dormant Accounts may be closed and any accumulated Credits forfeited without compensation to the Account holder.

7. Indemnification.

You agree to indemnify, defend and hold harmless BarterX, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

8. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 7 (Indemnification) are for the benefit of BarterX and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

9.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 7 (Indemnification), 8 (Third Party Rights) and 10 (Miscellaneous) shall survive any termination of this Agreement.

10. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of the Federal Republic of Nigeria applicable to agreements made and to be performed in Nigeria. You agree that any legal action or proceeding between BarterX and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Nigeria. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. BarterX's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. BarterX may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.