1. Introduction

"Homes & Co" refers to the group of companies listed in Appendix 1. Each company within the Homes & Co group ("Homes & Co" or "we") operates an online marketplace platform, including a web app and mobile application ("marketplace"), along with supporting IT logistics and payment infrastructure. The marketplace facilitates the sale and purchase of consumer products and services ("products") within its designated territory as defined in Appendix 1.

These general terms and conditions apply to both buyers and sellers using the Homes & Co marketplace, governing the use of the platform and related services.

By utilizing our marketplace, you fully accept these general terms and conditions. If you do not agree with any part of these terms, refrain from using our marketplace.

If you use Homes & Co for business or organizational purposes:

Confirm that you have the necessary authority to agree to these terms.
Bind both yourself and the relevant entity operating the business or organizational project to these terms.
Acknowledge that references to "you" in these terms include both the individual user and the relevant entity unless the context requires otherwise.

2. Registration and Account

2.1. You must be at least 18 years old to register with Homes & Co. By registering, you warrant and represent that you meet this age requirement.

2.2. When registering, you will provide an email address/user ID and password. By registering, you agree to:

Keep your password confidential.
Notify us immediately if your password is disclosed.
Be responsible for any activity arising from a failure to keep your password confidential.
Your account is for your exclusive use, and you may not transfer it to a third party. Any authorization of a third party to manage your account is at your own risk.
We may suspend or cancel your account at our discretion. If products or services are cancelled, and you haven't breached these terms, a refund will be provided.

3. Users Generally

3.1. Compliance with Laws and Regulations

As a condition of your access to and use of the Homes & Co platform ("Sites" or "Services"), you agree to comply with all applicable laws and regulations.

3.2. Use of Site Content

You agree:

Not to copy, reproduce, download, re-publish, sell, distribute, or resell any Services or Site Content.
Not to use any Site Content to operate a business that competes with Homes & Co or commercially exploit the Site Content.
Not to engage in systematic retrieval of Site Content from the Sites for the creation or compilation of collections, databases, or directories without written permission from Homes & Co.
These terms and conditions shall be subject to periodic reviews.

3.3. Privacy Policy

You must read and adhere to the following documents governing the protection and use of personal information:

For Users accessing or using Sites related to the Homes & Co Homes & Co platform, the Homes & Co Privacy Policy.

3.4. Third-Party Links

Homes & Co may allow Users to access content, products, or services offered by third parties through hyperlinks. Users are advised to read the terms and conditions and privacy policies of such third-party websites before using the Sites. Homes & Co has no control over these third-party websites and shall not be responsible for any content, products, or services available on or through them.

3.5. Integrity of Computer Systems

You agree not to undertake any action to undermine the integrity of the computer systems or networks of Homes & Co and/or any other User, nor to gain unauthorized access to such computer systems or networks.

3.6. Integrity of Feedback System

You agree not to undertake any action that may undermine the integrity of Homes & Co’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or leaving unsubstantiated negative feedback for another User.

3.7. User Content License

By posting or displaying any User Content on the Sites, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable license to Homes & Co. This license allows Homes & Co to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, edit, translate, create derivative works, and use any or all of the User Content in any form, media, or technology for any purpose beneficial to Homes & Co. You confirm and warrant that you have the necessary rights, power, and authority to grant this license and that the User Content is free from any infringement or violation of third-party rights. To the maximum extent permitted by law, you waive your right to enforce your Intellectual Property Rights in the User Content against Homes & Co.

4. Terms and Conditions of Sale

4.1. You acknowledge that:

The marketplace facilitates online transactions between sellers and buyers.
Homes & Co acts as an intermediary, accepting binding sales on behalf of sellers, but it is not a party to transactions.
A contract for the sale and purchase of products is formed between the buyer and seller when the buyer confirms the purchase via the marketplace.

4.2. The seller's terms of business govern the contract for sale and purchase. However, the following provisions are incorporated into the contract:

The product price is as stated in the relevant listing.
The price includes all taxes and complies with applicable laws.
Additional charges are payable by the buyer only if expressly stated.
Products must meet specified quality, safety, and description criteria.
The seller warrants good title and ownership for physical products and the right to supply digital products.

5. Returns and Refunds

Once there is a need for a refund, a report should be lodged via email and the help desk helps to check if the transaction emanates from Homes & Co or any of Homes & Co's accredited agents.
Where Homes & Co finds that the refund is valid there will be a refund within 7 working days after lodging of complaint.

NB:

Upon the payment of a fee for an item, You will be entitled to a refund if you show a receipt of which the account was credited by a licensed seller on Homes & Co within 3 days.
All refund complaints should be sent to support@Homes & Co
In the scenario where the products received do not match the products ordered, evidence of the transactions must be presented to the extent of the damage placed order before a refund.

6. Payments

6.1. Payments under these general terms and conditions must be made in accordance with the Payment Information and Guidelines available on the Homes & Co marketplace.

6.2. Each Wholesaler/Distributor who has agreed to these terms and conditions is subject to pay a flat fee of N2000 (Naira) only in order to optimize Homes & Co's services.

7. Terms of Use

7.1. For every transaction made on Homes & Co, Homes & Co is entitled to receive 15%.

7.2. Subsequently, Wholesalers/Distributors will be exempted from paying the sum of N5,000 to use Homes & Co services if their total sales per month on our platform exceed N10,000,000.

7.3. Retailers are required to pay a service charge per transaction initiated on Homes & Co's platform.

8. Rules about Your Content

8.1. Your Content

8.1.1. "Your content" refers to all works and materials, including text, graphics, images, audio, video, scripts, software, and files submitted to Homes & Co for storage, publication, processing, or onward transmission, as well as all communications on the marketplace, such as product reviews, feedback, and comments.

8.2. Your content must be accurate, complete, and truthful, and its use by Homes & Co under these terms must comply with these standards.

8.3. Your content must be appropriate, civil, tasteful, and adhere to generally accepted internet etiquette. It must not:

Be offensive, obscene, indecent, pornographic, lewd, suggestive, or sexually explicit.
Depict violence in an explicit, graphic, or gratuitous manner.
Be blasphemous, in breach of racial or religious hatred or discrimination legislation.
Be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, or inflammatory.
Cause annoyance, inconvenience, or needless anxiety to any person.
Constitute spam.

8.4. Your content must not be illegal or unlawful, infringe any person's legal rights, or be capable of giving rise to legal action. It must not infringe or breach:

Any copyright, moral right, database right, trademark right, design, right in passing off, or other intellectual property right.
Any right of confidence, right of privacy, or right under data protection legislation.
Any contractual obligation owed to any person.
Any court order.

8.5. You must not use Homes & Co to link to any website or web page containing material that would breach these terms.

8.6. Your content must not be the subject of any threatened or actual legal proceedings or similar complaints.

8.7. The review function on the marketplace is for facilitating buyer reviews on products. You must not use reviews or any communication to provide inaccurate, inauthentic, or fake reviews.

8.8. You must not interfere with a transaction by:

Contacting another user to buy or sell outside the marketplace.
Communicating with a user involved in a transaction to warn them away from a particular buyer, seller, or item.
Contacting another user with the intent to collect payments.

8.9. You acknowledge that users are solely responsible for interactions with others, and you shall exercise caution and good judgment in communication. Personal information, including credit card details, shall not be shared.

8.10. We reserve the right to periodically review your content and remove any content at our discretion for any reason.

9. Our Rights to Use Your Content

9.1. You grant Homes & Co a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content on the marketplace and across marketing channels.

9.2. Homes & Co has the right to sub-license the granted rights and bring an action for infringement.

9.3. You waive all moral rights to the maximum extent permitted by law and warrant that other moral rights have been waived.

9.4. Without prejudice to other rights, if you breach content rules, we may delete, unpublish, or edit any or all of your content.

10. Use of Web App and Mobile Applications

10.1. Definitions

In this section, the terms "marketplace" and "website" shall be used interchangeably to refer to Homes & Co's websites and mobile applications.

10.2. Permissible Actions

You may:

View pages from our website in a web browser.
Download pages from our website for caching in a web browser.
Print pages from our website for your personal and non-commercial use, provided that such printing is not systematic or excessive.
Stream audio and video files from our website using the media player on our website.
Use our marketplace services by means of a web browser, subject to the other provisions of these general terms and conditions.

10.3. Restrictions

Except as expressly permitted by section 10.2 or other provisions of these general terms and conditions, you must not download any material from our website or save any such material to your computer.

10.4. Usage Limitations

You may only use our website for your personal and business purposes regarding selling or purchasing products on the marketplace.

10.5. Editing Material

Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.

10.6. Prohibitions

Unless you own or control the relevant rights in the material, you must not:

Republish material from our website.
Sell, rent, or sub-license material from our website.
Show any material from our website in public.
Exploit material from our website for a commercial purpose.
Redistribute material from our website.

10.7. Exceptions

Notwithstanding section 10.6, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.

10.8. Access Restriction

We reserve the right to suspend or restrict access to our website, areas, or functionality upon our website. You must not circumvent or bypass any access restriction measures on the website.

10.9. Prohibited Actions

You must not:

Use our website in any way that causes damage or impairment to the website.
Use our website for unethical, unlawful, fraudulent, or harmful purposes.
Hack or tamper with our website.
Probe, scan, or test the vulnerability of our website without permission.
Circumvent any authentication or security systems or processes.
Use our website to distribute malicious computer software.
Impose an unreasonably large load on our website resources.
Decrypt or decipher any communications sent by or to our website without permission.
Conduct systematic or automated data collection activities without express written consent.
Access or interact with our website using automated means, except for search engine indexing.
Violate directives set out in the robots.txt file for our website.
Use data collected from our website for direct marketing.
Interfere with the normal use of our website.

11. Breaches by Members

11.1. Content Moderation

Homes & Co reserves the right, at its sole discretion, to remove, modify, or reject any User Content that is reasonably believed to:

Violate applicable laws and regulations.
Contravene the Terms outlined herein.
Subject Homes & Co or its affiliates to liability.
Infringe any Third Party Rights.
Harm the interests of Members, third parties, or Homes & Co.

11.2. Disciplinary Actions

In the event of a Member breaching any Terms or if Homes & Co has reasonable grounds to believe so, Homes & Co may take disciplinary actions, including but not limited to:

Suspending or terminating the Member’s account without liability.
Restricting, downgrading, or terminating access to Services.
Removing product listings or User Content.
Imposing restrictions on posting or display limits.
Implementing other corrective actions or penalties as deemed necessary.

11.3. Breach Circumstances

A Member may be considered in breach if:

There is a complaint or claim from a third party regarding willful or material failure to perform a contract.
Suspected use of a stolen credit card or false information in a transaction.
Providing incomplete, untrue, inaccurate, or misleading information.
Actions that may cause financial loss or legal liability to Homes & Co or its affiliates.

11.4. Cooperation and Disclosure

Homes & Co reserves the right to cooperate with authorities, law enforcement, and injured third parties in investigating criminal or civil wrongdoing. Member information may be disclosed in response to government requests, subpoenas, or legal actions, with no liability to Homes & Co.

11.5. Suspension or Termination

Homes & Co may impose limitations, suspend, or terminate a Member's use of Services if there is notice of breach involving dishonest or fraudulent activities. Investigation or confirmation may be requested.

11.6. Indemnification

Each Member agrees to indemnify Homes & Co, its affiliates, directors, employees, agents, and representatives from any damages, losses, claims, and liabilities arising from User Content, access to Services, or breach of the Terms.

11.7. User Content Liability

Members acknowledge that Homes & Co is not responsible for User Content transmitted through the Sites or Services. The risk of damage from such material rests entirely with the Member. Homes & Co reserves the right to assume the exclusive defense of any matter subject to indemnification, with the Member's cooperation.

12. Copyright and Trademarks

12.1. Ownership

Subject to the express provisions of these general terms and conditions:

We, together with our licensors, own and control all copyright and intellectual property rights in our website and the material on our website.
All copyright and intellectual property rights on our website and the material on our website are reserved.

12.2. Trademarks

Homes & Co's logos and other registered and unregistered trademarks are owned by us. No permission is granted for the use of these trademarks, and such use may constitute an infringement of our rights.

12.3. Third-Party Trademarks

Third-party registered and unregistered trademarks or service marks on our website are the property of their respective owners. We do not endorse or affiliate with these holders and cannot grant any license to exercise such rights.

13. Data Privacy

13.1. Agreement: Buyers agree to the processing of their personal data by the terms of Homes & Co’s Privacy and Cookie Notice.

13.2. Processing: Homes & Co shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.

13.3. Seller Responsibility: Sellers shall be directly responsible to buyers for any misuse of their personal data, and Homes & Co shall bear no liability to buyers for any misuse by sellers of their personal data.

14. Due Diligence and Audit Rights

14.1. Compliance Program

We operate an anti-fraud and anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.

14.2. Information Requirement

You agree to provide us with all necessary information, documentation, and access to your business premises for:

Verifying your adherence to and performance of obligations under these terms.
Disclosures pursuant to a valid order by a court or other governmental body.
Compliance with law or applicable regulation.

15. Intellectual Property Rights

15.1 Ownership of Sites and Site Content

Homes & Co is the exclusive owner or lawful licensee of all rights and interests in the Sites and Site Content. These embody trade secrets and intellectual property rights protected under global copyright and other laws. Title, ownership, and intellectual property rights in the Sites and Site Content will remain with Homes & Co, its affiliates, or licensors. All unclaimed rights are reserved by Homes & Co.

15.2 Third-Party Involvement

Homes & Co may involve independent third parties in providing the Sites or Services, such as authentication and verification service providers. Usage of trademarks, service marks, or logos of these third parties requires prior written approval from them.

15.3 Derivative Works

To the fullest extent allowed by applicable law, all rights, title, and interest in derivative works created by Homes & Co and/or its affiliates using User Content under the Terms shall belong to Homes & Co. These rights may be freely assignable, licensable, or grantable by Homes & Co to any third party or its affiliates.

16. Communication and Legal Notices

16.1 Delivery of Legal Notices

All legal notices or demands to or upon a User shall be effective through personal delivery, courier, certified mail, facsimile, or email to the User's last-known correspondence, fax, or email address provided to Homes & Co. Alternatively, notices may be posted on a publicly accessible area of the Sites without charge. Notice is deemed received when:

Homes & Co can demonstrate that communication has been sent to the User, or
Immediately upon Homes & Co posting the notice on a publicly accessible Sites area.

16.2 Electronic Communication

You acknowledge that agreements, notices, demands, disclosures, and other communications sent to you by Homes & Co electronically will fulfill any legal requirement for written communication.

17. Promotions

17.1. Promotions and competitions organized by Homes & Co or other promoters will be managed under the Promotions Terms and Conditions. You can refer to each promotion's terms and conditions on our website.

18. Account Deletion Terms and Conditions for Homes & Co

18.1. Request for Account Deletion Users may request the deletion of their account by visiting /account/delete. Upon submitting a deletion request, the following terms and conditions apply:

Users are required to confirm their identity by verifying through their registered email address.
Users are also required to provide reasons for requesting account deletion.
Account deletion is irreversible. Once the process is complete, all user data, including transaction history, will be permanently deleted from our systems.

18.2. Conditions for Account Deletion Homes & Co reserves the right to reject or delay account deletion requests under the following circumstances:

If any outstanding orders, payments, or disputes require resolution.
If the user has ongoing subscriptions, product listings, or unresolved claims from buyers or sellers.
Any funds remaining in the user’s wallet must be transferred before the account can be deleted.
Compliance with legal obligations may prevent the immediate deletion of certain data, which will be stored securely as required by applicable laws.

18.3. Consequences of Account Deletion Upon successful deletion of an account, the following will take effect:

Users will lose access to their account and all related services, including any listings, orders, or messages.
Any remaining balances in the user’s account wallet will be forfeited if not transferred prior to deletion.
Any ongoing transactions or orders in progress at the time of deletion will be canceled.
All user data, including personal information, transaction history, and account preferences, will be deleted from our system. However, Homes & Co may retain necessary data for legal and regulatory purposes.

18.4. Revocation of Deletion Request Users may revoke their account deletion request within 7 days of submission by contacting Homes & Co support. After this period, the request will be processed, and the deletion will be final.

18.5. Legal Compliance Homes & Co complies with applicable data privacy laws, including the General Data Protection Regulation (GDPR), Nigeria Data Protection Regulation (NDPR) and other regional laws, to ensure the protection of personal data. Users can review Homes & Co’s full Privacy Policy for further details on how their data is managed and deleted.

18.6. Special Conditions Homes & Co may delete user accounts at its discretion in cases of fraud, misuse, or violation of platform rules. In such cases, Homes & Co will notify the user of the deletion and explain the action taken.

Navigating the Legal Waters: Our Terms of Use

Dive into the fine print that governs your interactions with us. Explore our Terms of Use for a clear understanding of your rights and responsibilities.