TERMS OF USE.

1. INTRODUCTION.

This serves as both a User Agreement and the official terms of use for our website, Squemart.com. As a condition of using Squemart.com, you acknowledge and affirm that you have either reached the legal age to enter into these terms of use or have obtained parental or guardian consent to do so, and that your parent or guardian consents to these Terms of Use on your behalf. By utilizing Squemart.com, you fully accept and agree to be bound by these terms of use. Any violation or disagreement with these terms of use will result in unauthorized access to and use of Squemart.com.

 

2. DEFINED TERMS:

In these Terms of Use:

lWhen we mention “Squemart,” we refer to squemart.com and Squemart independent enterprises and any subsidiaries of Squemart Stores, (including any subsidiaries that Squemart may form or acquire in the future), and their affiliates, directors, officers, employees and agents. We also refer to Squemart as “we,” “us” and “our.”

lWhen we mention “Squemart Sites,” we refer to www.squemart.com, the Squemart Apps, and all related functionality, services, and content offered by or for Squemart on or through www.squemart.com and the Squemart Apps or the systems, servers, and networks used to make the Squemart Sites available.

lWhen we mention “Squemart Apps,” we refer to the official “Squemart App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store.

lWhen we mention “you” or “your” we refer to any user (like you!) of Squemart Site and any person who has notice of these Terms of Use.

lWhen we mention “Terms of Use” we refer to these Terms of Use and all other terms and policies posted by Squemart on the Squemart Sites (and any updates by Squemart to these Terms of Use and those terms and policies).

lA few other key terms used in these Terms of Use:

nWhen we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, communications, feedback, submissions, suggestions, questions, and other information, data,  and materials (These includes page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, written and other materials.)

nWhen we say “Ideas,” we mean concepts, feedback, and few other things that you make available in connection with the Squemart Sites.

nWhen we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Squemart Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Squemart Sites through the tools offered by such social media platforms).

nWhen we say “Materials,” we mean Content that Squemart Entities make available on or through the Squemart Sites, including In Store information. 

 

3. UPDATES

We may periodically amend these Terms of Use and will apprise you of these modifications through any reasonable means, including publishing an updated version of the Terms of Use on the Squemart Site. Please note that any such alterations will not be applicable to any disputes arising between you and us before the date when we posted the revised Terms of Use. It is your obligation to regularly review Squemart.com for any revised Terms of Use. Furthermore, if you continue to use or access any of the Squemart platforms or engage with Squemart after we publish any changes, you acknowledge the updated Terms of Use. To indicate when these Terms of Use were last modified, we will always include the “Last Updated” timestamp at the beginning of this page.

 

4. YOUR USE OF THE SQUEMART PLATFORM

You acknowledge and certify that all Content submitted on or through Squemart.com is both accurate and complete. Additionally, you are exclusively accountable for ensuring the confidentiality and security of your account credentials, including but not limited to your username and password

Squemart is not responsible for any losses arising out of the unauthorized use of your account. You agree that Squemart does not have any responsibility if you lose or share access to your account. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the squemart.com. You agree that Squemart is not a party to any such agreement, nor is Squemart responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, Also, at any time, without notice to you, we may (1) change, restrict access to, suspend, or discontinue squemart.com or any portion of it. (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the squemart.com or any portion of the Site.  In the event of discontinuation or alteration of services or publishing, you will not be entitled to any form of compensation or remuneration. Please note that this does not affect your rights with regards to any outstanding orders.

Access to the Squemart Platforms may be temporarily suspended when we conduct server maintenance or perform website updates.

It is important to note that we cannot provide a guarantee or assurance that squemart.com will function without any issues. Likewise, we cannot guarantee that squemart and its corresponding services will remain available during the occurrence of events beyond our control, which may include (but are not confined to) force majeure incidents such as natural disasters like flood, drought, and earthquake, or hacking, viruses or malicious software attacks, terrorism, civil war, and civil unrest or riots, war, the threat of or preparation for war, pandemics or epidemics, and extra-constitutional events or situations that significantly and adversely affect the political or macro-economic stability of the territory as a whole.

With squemart.com, you agree not to:

lInfect the squemart.com with any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of squemart.com and it’s apps.

lUse Squemart for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.

lHarvest or collect information about users of Squemart platforms.

lInterfere with or disrupt the operation of squemart.com or the systems, servers, or networks used to make the Squemart Site and Apps available, including by hacking or defacing any portion of the Squemart; or violate any requirement, procedure or policy of such servers or networks.

lRestrict or inhibit any other person from using the Squemart platforms.

lReverse engineer, decompile, or disassemble any portion of the Squemart.com, except where such restriction is expressly prohibited by applicable law.

lRemove any copyright, trademark, or other proprietary rights notice from squemart.com.

lFrame or mirror any portion of squemart.com, or otherwise incorporate any portion of squemart.com into any product or service, unless you obtain Squemart’s express prior written consent to do so.

lSystematically download and store any Materials.

lUse any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of squemart.com, without Squemart’s express prior written consent.

lCause injury to any person or entity.

lViolate any law, rule, or regulation, or these Terms of Use.

lYou will not use squemart.com or Squemart’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Squemart trademark, logo, URL, or product name without Squemart’s written consent.

lYou will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

lAdding a review to an item’s functionality is only to express buyers opinions on items. You agree not to use this function to provide inaccurate review, abusive words or fake reviews.

 

5. MONITORING BY SQUEMART

Squemart reserves the right (without obligation) to monitor your access and use of squemart.com at our sole discretion in order to ensure adherence to both these Terms of Use and any additional operational guidelines established by Squemart at any point in time.

 

6. MERCHANDISE

We have taken steps to ensure the accurate representation of the attributes of our products, including their respective colors. Nevertheless, please be advised that due to the variations in device settings, we are unable to guarantee the precise reflection of the actual product colors on your device. Furthermore, certain descriptions such as weights, measures, and the like are estimates provided for convenience purposes only.

We sell Products for children’s use; however, these Products are intended for sale to adults.

Please ensure that you carefully read all labels, warnings, instructions, and other accompanying information prior to utilizing any product. For further details about a product, kindly get in touch with the manufacturer. If you discover that a product does not meet its description, the sole recourse available to you is to return it in its original unused state (except for certain products not eligible for return) according to Squemart’s return policy. It is your personal responsibility to determine and comply with all relevant local, state, and federal regulations (including minimum age requirements) concerning the acquisition, possession, and usage of any products.

 

7. PLACING AN ORDER

A. Order Acceptance and Billing

By providing us with payment information, you confirm that you possess the legal authorization to use the payment method, be it through a debit card or any other means. Your authorization enables us to store the provided payment card information in order to process purchases made through your account with squemart.com and its corresponding apps.

It is imperative that any billing information you supply to us is truthful and precise. Failure to submit accurate and factual information is considered a violation of this Terms of Use and may result in the revocation of your order.

Prior to order fulfillment, it is required that payment is made in full. You agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. Please note that we do not accommodate payment on delivery.

Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our fraud avoidance department.

In the event of an order cancellation after a charge has been applied to your debit card (or other payment account), a credit for the exact amount of the charge will be refunded back to your debit card (or other applicable payment account). We will make an effort to notify you should any portion of your order become canceled or if additional information is required to proceed with the order. Certain online orders placed with a credit or debit card may require pre-authorization by Squemart. This pre-authorization will not be invoiced to you, but your card issuer may place said amount on hold for a brief time frame, as determined by them. This action is taken to ensure the authentication of the provided card data and the availability of adequate funds for the transaction to take place.

In addition to any other remedies available to it, Squemart may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the Squemart returns policy.

B. Pricing Information; Availability

Until an order is placed, Squemart is unable to confirm the price or availability of any item. Squemart platforms or social media channels may encounter occurrences of errors in pricing or availability. An order confirmation receipt does not signify approval of an order or confirmation of a product sale offer. Squemart retains the right to cancel any order that contains pricing or availability errors, even after issuing an order confirmation or shipping notice, without any further obligation to you. Squemart may reach out to you for further instructions or cancel your order at its discretion and notify you of said cancellation. Product pricing on the Squemart sites may differ from prices available on Squemart apps or in Squemart stores.

 

8.  SHIPPING AND DELIVERY

Delivery of products purchased on squemart.com will be made to the address you designate, provided that the address meets our shipping restrictions and is complete. Please note that all transactions are conducted with the condition of a shipping contract, thereby transferring the risk of loss and title of the product(s) to you upon delivery to the carrier.

Delivery of Products purchased from squemart.com to addresses outside Nigeria is limited. Some Products also have restricted delivery within Nigeria. Some Products may be available for pick up at physical store locations.

Changes or cancellations by you to orders are subject to limitations based on shipment and delivery timelines.

Although our intention is to deliver your goods within the selected delivery or pickup timeframe provided when the order was placed, however, we cannot ensure that the goods will be available for pickup or delivered on a specific date. Should the goods be delivered outside of the specified timeframe, Squemart will not be held responsible, and consequently, orders that are already in transit will not be eligible for cancellation.

You acknowledge and agree that in the event of a return of an order, you will be responsible for the associated return shipping costs. Additionally, any fees incurred for reshipping the order back to you will also be charged to you.

We can only deliver to an address stored in your address book in your account.

 

9.  RETURNS,DISPUTES, ARBITRATION, AND APPLICABLE LAW.

In relation to Squemart,  You understand and accept the terms regarding Squemart listed below:

lYou acknowledge and consent to the fact that the return period is limited to seven days from the date of delivery for reasonable causes, with the exception of any physical damages that result from your carelessness, mishandling or misuse of the order.

lIt is important to note that electronics and mobile devices should not be subjected to water or used while submerged, such as in rainy or swimming conditions. Please be advised that orders damaged as a result of such misuse will not be eligible for returns.

lWe advise against the use of unstable power sources with electronic devices, as this may result in damage. Please note that we cannot be held responsible for any resulting incidents from the use of such power sources.

lExcept for disputes that may qualify for small claims court, it is agreed that any disputes arising from or connected to these Terms of Use or the relationship between you and Squemart – including products or services provided or sold by Squemart – will be resolved through binding arbitration before a single, neutral arbitrator, instead of in a court by a judge or jury. This applies to any disputes resulting from contract, tort, statute, fraud, misrepresentation, or any other legal theory. It is further agreed that, except as explicitly provided in these Terms of Use, both parties waive the right to sue in court and have a trial by jury. This paragraph is known as the Arbitration Agreement in these Terms of Use.”

lClass Action and Mass Action Waiver.

Both parties, Squemart and yourself, agree that any arbitration required by the Arbitration Agreement is restricted to an individual basis. Additionally, all disputes or claims subject to the Arbitration Agreement are waived from being submitted, heard, administered, resolved, or arbitrated as a class arbitration, collective action, or Mass Action, to the utmost extent permitted by law. The term “Mass Action” refers to a situation where a party is represented by a law firm or other representative, or a collection of law firms or other representatives. This paragraph is referred to as the “Class Action and Mass Action Waiver” in these Terms of Use. Notwithstanding, these Terms of Use do not restrict your capability to bring attention to issues before federal, state, or local government agencies; and where applicable by the law, such agencies have the right to seek relief against Squemart on your behalf.

lInitiating a Demand for Arbitration.

The initiation of any arbitration mandated by the Arbitration Agreement will begin with either yourself or Squemart sending a written demand for arbitration, referred to as the “Demand” to the other party.

To initiate the arbitration, Your Demand should be delivered to SQUEMART at Suite A34, Grandmall, Bodija, Ibadan. The Demand must contain the following information: (i) the name, telephone number, mailing address, and email address of the party or entity who is seeking arbitration; (ii) a statement of the legal claims being made and the factual basis for those claims; (iii) a description of the remedy being sought, alongside an accurate and good faith calculation of the amount in controversy; (iv) the original personal signature of the party who is making the demand for arbitration; and (v) the original personal signature of any legal counsel or representative purporting to represent the party seeking arbitration. It should be noted that an “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature certifies that the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation. In addition, it is important to note that all claims and legal contentions presented are grounded in either existing law or a plausible argument for either extending, modifying, or reversing current law or establishing a new legal precedent. Additionally, all factual contentions are supported by evidence or are likely to be supported by evidence through further investigation or discovery, if specifically identified. The party initiating arbitration must ensure, under the risk of perjury, that all factual statements provided in the Demand are both truthful and accurate. Adherence to this requirement will pause any relevant statute of limitations concerning disputes or claims within the Arbitration Agreement contained in the Demand.

 

10. CONDUCT OF ARBITRATION.

In the event of arbitration to settle a disagreement or legal claim that is governed by the Arbitration Agreement:

lEither you or Squemart may submit dispositive motions that are permitted under the Arbitration and Conciliation Act of 1988 Procedure without requiring permission from the arbitrator. After a dispositive motion has been filed, the arbitrator may suspend all additional actions and time limits in the arbitration until a decision has been made on the motion.

lThe parties are entitled to conduct discovery proceedings from the opposing party or any third party that are proportionate to the needs of the claim or dispute. The arbitrator shall determine proportionality by taking into account the significance of the issues at stake, the amount at issue, the relevance of the discovery in resolving the issues, and whether the burden or cost of the proposed discovery outweighs its likely benefits. Either party may request that the arbitrator make a decision on proportionality.

lAll conference calls and hearings conducted by the arbitrator will be done through teleconference or video conference, unless an in-person hearing is deemed necessary by the arbitrator. If an in-person hearing is required, it will take place at a reasonably convenient location. You and an employee of Squemart are required to attend all arbitrator calls, conferences, and hearings.

lIt is permissible for a party to present a written offer of judgment no later than seven (7) days before the scheduled date of the arbitration hearing.

lIn the event that the arbitrator determines that a party’s claim, counterclaim, or appeal was frivolous, made in bad faith, or pursued for the purpose of harassment, the arbitrator shall award the opposing party their attorneys’ fees, costs, and expenses along with all amounts charged by the Arbitration and Conciliation Act of 1988 for the arbitration.

lThe arbitrator is bound by the provisions outlined in these Terms of Use and applicable laws. However, the arbitrator may not make errors in matters of law or legal reasoning. Relief may be awarded only in favor of the individual party that has sought it and only to the extent necessary to provide relief that is justified by that party’s claim. The arbitrator is not authorized to grant relief to or against any individuals who are not parties to the arbitration, although the individual relief granted by the arbitrator may have an incidental impact on non-parties.

lEither you or Squemart may file a notice of appeal with the Arbitration and Conciliation Act of 1988 if an arbitration award manifestly disregards the law. The notice of appeal must be submitted within 30 days of the delivery of the award to the parties. A single arbitrator will hear the appeal, unless a multi-arbitrator appellate panel is agreed upon by the parties. The arbitrator or arbitrators assigned to the appeal must be chosen from the Arbitration and Conciliation Act of 1988 Appellate Panel with the agreement of both parties. If an agreement cannot be reached, the arbitrator or arbitrators will be appointed by the Arbitration and Conciliation Act of 1988. An arbitrator who previously presided over any aspect of the case is prohibited from serving as an appellate arbitrator for that same case. The appellate proceeding, including any briefing, will be conducted in accordance with the parties’ agreement or as directed by the appellate arbitrator(s) should an agreement be unattainable.

 

11. TERMINATION

These Terms of Use are valid and in effect until either you or Squemart terminates them. Should you choose to terminate these Terms of Use, you may do so at any time by ceasing your use of the Squemart Platforms. We also reserve the right to terminate these Terms of Use at any time, without prior notice, and bar your access to the Squemart Platforms if, in our sole discretion, you fail to comply with any of the provisions outlined in these Terms of Use. Upon termination of these Terms of Use by either party, you are required to close your account on squemart.com.

 

12. TRADEMARK AND COPYRIGHT

Squemart Independent Enterprises is the current owner and operator of this website. The Squemart logos and other registered and unregistered trademarks associated with our company are exclusively owned by us, and any use of these trademarks without our explicit permission is considered an infringement of our rights. All content on this website, including images, video clips, audio clips, and illustrations, are protected by our intellectual property rights. Any material on www.squemart.com that is owned, licensed, operated or controlled by us, is intended solely for personal, non-commercial use. Reproduction, republishing, posting, or distribution of such content, directly or indirectly, via electronic means or otherwise, is forbidden without obtaining our prior written consent. Any modifications to the material, using the material on any other website or networked computer environment, or using the material for anything other than personal, non-commercial use is a violation of our copyrights, trademarks, and other proprietary rights, and is strictly prohibited. Any use for which you receive any compensation, monetary or otherwise, is regarded as a commercial use under these terms.

Please be advised that the third-party registered or unregistered trademarks and service marks found on our website are the lawful and exclusive property of their respective owners. It is important to note that we do not endorse or have any affiliations with any holders of such rights. Consequently, we wish to inform you that we are unable to issue a license for the exercise of these rights under any circumstances.

 

13. STORE CREDIT

Store credit is a program designed to offer our customers a certain amount of credit towards future purchases or returns. It should be noted that this credit is not equivalent to actual cash, but rather a credit that is stored within your account for future use.Store credit can be accrued based on orders that meet the criteria for store credit. Returned orders may also qualify for store credit at the discretion of Squemart. Squemart retains the right to revoke awarded store credit rewards for any reason within its discretion, including but not limited to cases of fraudulent activity or misconduct.

 

14. TRADE IN/UPGRADE/SWAP.  

Our Trade-In/Upgrade/Swap Program allows you to conveniently upgrade your item for a new one while still getting great value. You may combine funds and a previously purchased item from our store to acquire another item. The entire process can be done online or by visiting our stores. If you proceed online, kindly provide us with the invoice of the item you wish to trade in through any of our communication channels. We will then give you a rough cost estimate for your trade-in device, taking into account the duration of device ownership and other criteria. Be informed that the traded device will not have the same value as at the time of purchase, since it will now be considered as an aftermarket item subject to depreciation and may be sold to individuals who cannot afford new ones. Moreover, our trade-in program is not intended to generate profits, but rather to aid our customers in upgrading easily and staying relevant. The estimated value amount may change after the item is assessed and approved at our store. You may choose to ship the item or bring it to our store for final inspection by a Squemart representative. Kindly note that only devices purchased from our store without any defects or damage and in good condition are eligible for trade-in. Devices purchased from other retailers will not be accepted. Exploitative behavior, such as trying to trade in defective items, will not be allowed, and it may lead to legal involvement due to a breach of agreement. Before participating in our trade-in program, kindly provide us with a comprehensive report on the item, explicitly stating if it has undergone repairs and the number of times, or any suspicions of defects. Please ensure that you provide accurate and honest information, as giving false information may result in disqualification from future trade-ins and potential legal implications if we cannot accept the item’s condition after credit is issued. For more information about our Trade-In/Upgrade/Swap, Please contact Us!

 

15. GENERAL UNDERSTANDING OF THE TERMS OF USE.

These Terms of Use represent the complete agreement and understanding between you and Squemart and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Squemart.

16. HOW TO CONTACT US

If you have any questions or comments, please contact us at squemart01@gmail.com, or by mail at the following address: Squemart, Suite A34 Grandmall, Bodija, Ibadan. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include debit card information or other sensitive information in your e-mail

 

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