Our Contract

Fluentmart Integrated Solutions And Development Company Limited

Welcome to Fluentmart Integrated Solutions And Development Company Limited

Terms and conditions

These terms and conditions (“Terms”, “Agreement”) are an agreement between Fluentmart Integrated Solutions And Development Company Limited (“Fluentmart Integrated Solutions And Development Company Limited”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the fluentmart.com website and any of its products or services (collectively, “Website” or “Services”).

Accounts and membership

You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement

or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information or material (“Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us

the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer

account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

Third-party services

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle

data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Fluentmart Integrated Solutions And Development Company Limited with respect to such other services. Fluentmart Integrated Solutions And Development Company Limited is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the

privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Fluentmart Integrated Solutions And Development Company Limited to disclose your data as necessary to facilitate the use or enablement of such other service.

Uptime guarantee

We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming

environments.

Backups

We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

Advertisements

During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

Links to other websites

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Fluentmart Integrated Solutions And Development Company Limited will receive an affiliate commission. We are not responsible for examining or evaluating, and

we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Fluentmart Integrated Solutions And Development Company Limited or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Fluentmart Integrated Solutions And Development Company Limited. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Fluentmart

Integrated Solutions And Development Company Limited or Fluentmart Integrated Solutions And Development Company Limited licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Fluentmart Integrated Solutions And Development Company Limited or third-party trademarks.

Disclaimer of warranty

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or errorfree; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Fluentmart Integrated Solutions And Development Company Limited, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Fluentmart Integrated Solutions And Development Company Limited has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Fluentmart Integrated Solutions And Development Company

Limited and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Fluentmart Integrated Solutions And Development Company Limited for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also

apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Fluentmart Integrated Solutions And Development Company Limited and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining

provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delta, Nigeria without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Nigeria. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Delta, Nigeria, and you hereby submit to the personal jurisdiction of such courts.

You hereby waive any right to a judge trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Association

To be an associate or member of FLUENTMART INTEGRATED SOLUTIONS  AND DEVELOPMENT COMPANY LIMITED, you must initiate the registration process for one of the membership grade available. Nevertheless, membership is limited to individuals or Businesses that are lawfully permitted under applicable Laws in the country from which they elect to register.

Approval will only be granted, when you use only the name you are authorized to use and you must provide us with your duly registered business name or known legal name, address, phone number and e-mail address.

A valid means of identification must be provided, and you authorize us to conduct a verification of your identity.

Please, be advised that, at our sole discretion and without notice to you, we may at any time alter or stop to provide any or all the FLUENTMART INTEGRATED SOLUTIONS AND DEVELOPMENT COMPANY LIMITED in each membership grade.

Authorization

Your use of FLUENTMART Site bestowed on us a non-exclusive, international, continuous, irrevocable right and authorization to use, display, perform, reproduce, distribute, modify,  create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of your Materials, and to sublicense the foregoing rights to our Affiliates and operators of FLUENTMART Associated Infrastructures. Nevertheless, we will conform with your removal requests as to uses of your materials provided the request is made through other means other than the applicable FLUENTMART Site or SERVICE. Also nothing in this Agreement shall thwart or limit our right to use your Materials without your consent to the extent that such use is allowable without a license from you or your Affiliates under applicable Law (e.g., fair use under Nigeria copyright law, referential use under trademark law, or valid license from a third party).

Tax Obligation

In this agreement, you will be responsible for the payment and reporting of all your applicable Taxes. All fees and payments payable by you to FLUENTMART INTEGRATED SOLUTIONS AND DEVELOPMENT COMPANY LIMITED under this SERVICE Terms are exclusive of any applicable taxes, deductions or withholding taxes. You will be required to pay FLUENTMART INTEGRATED SOLUTIONS AND DEVELOPMENT COMPANY LIMITED any of your taxes imposed on such fees and any deduction or withholding tax required on any payment.

Legal Status

Your use of FLUENTMART Site is a confirmation to us that:

(a) The existence of your business is legally valid and satisfies all requirements of the Laws of the country in which your business is duly registered.

(b) Any information provided by you to FLUENTMART INTEGRATED SOLUTIONS AND DEVELOPMENT COMPANY LIMITED is always complete and accurate

(c)  You willingly consent to this Agreement within your rights and to execute your obligations, as a seller in this Agreement.

(d) You and all your representatives and suppliers will comply with all applicable Laws of the country in which your business is duly registered.

Non-Disclosure Agreement

 While using FLUENTMART INTEGRATED SOLUTIONS AND DEVELOPMENT COMPANY LIMITED SERVICES, you may receive information relating to us including but not limited to FLUENTMART Transaction Information, that is not available to the general public.

You agree that:

(a) Such Information will remain confidential and privilege to FLUENTMART;

(b) You will not disclose FLUENTMART INTEGRATED SOLUTIONS AND DEVELOPMENT COMPANY LIMITED confidential Information to any Person

(c) Your use of such Confidential Information is permitted only as is reasonably practical for your involvement in FLUENTMART Site;

(d) You will take all reasonable measures to safeguard the Confidential Information against any unauthorized use or disclosure that is not explicitly permitted in this Agreement.

(e) You may not issue any public statement concerning such confidential information in any way without our prior written permission.

Password Protection

You are solely responsible for maintaining the safety of your password. You may not disclose your password to any third party except third parties authorized by you to use your account in accordance with this Agreement. All activities undertaken with your password shall be your solely responsibilities. If you perceive your password may have been compromised, you are strongly advised to change it immediately.

Force Majeure

FLUENTMART INTEGRATED SOLUTIONS AND DEVELOPMENT COMPANY LIMITED will not be liable to the Customer for failing to perform any of its obligations as reflected in this Agreement as a result of an act attributable to natural causes or any cause beyond its control.

Affiliation

In this term of service, you together with the business you represent, and we are completely independent parties. Your use or participation in FLUENTMART Site does not create any form of joint venture or partnership between us. You will have no authority to represent us and neither will you have the power to make or accept any offers on our behalf. This Agreement will not create an exclusive relationship between you and us. The conditions and provisions of this Agreement are intended to be for the exclusive benefit of FLUENTMART INTEGRATED SOLUTIONS AND DEVELOPMENT COMPANY LIMITED, you, and the persons that patronizes your products or services. Nothing said in this Agreement will be interpreted to give to any person or business other than the parties to this Agreement any legal or equitable right to this Agreement.

Fraud

If it is perceived that a fraudulent transaction has occurred relating to the use of stolen identity, we may in our sole discretion stop shipping and cancel the Transactions. You will make reasonable efforts to stop or cancel delivery of such order made fraudulently.

We may withhold for investigation any payments to you If FLUENTMART INTEGRATED SOLUTIONS AND DEVELOPMENT COMPANY LIMITED found out that your account has been used to engage in fraudulent or unlawful activities and may in her sole discretion report you to the appropriate authorities.

Non-Compliance

In the event your use of our FLUENTMART Site resulted in violation of the terms of agreement, chargebacks, disputes and claims, we may:

(a) Withhold any payments to you

(b) Reverse any payment made to your Bank Account

(c)  Charge any lawful payment instruments provided by you

(d) Deduct any amounts we may owe you

Membership Termination

 This Agreement will start on the date your application is approved after completion of your registration for subscription to a membership and your membership will continue until terminated either by you or by us. Upon termination, all rights and responsibilities of the parties under this Agreement will cease to exist except in the following clauses:

Billing and Payments

Fraud

Non-Compliance

Authorization

Legal Status

Indemnification

Disclaimer of Warranty

Limitation of Liability

Non-Disclosure Agreement

Changes and Amendments

Dispute Resolution

Membership Termination

Communication

Miscellaneous

Product Information

You must provide accurate and detailed Product Information for each product or service that you list on any FLUENTMART Site. The products you offer should not be any product in the prohibited list of products. You will update such information as quickly as is possible whenever there are changes to the information to ensure it always remains accurate and comprehensive. It is your responsibility to ensure that your Products information, packaging, materials and url links on any FLUENTMART Site is in accordance with all applicable Laws and do not contain any objectionable and lewd materials

 Fee Structure

There are three basic selling fees beside the subscription fee: a listing fee, a transaction fee, and a payment processing fee.

Listing Fee. At the moment, it cost nothing to list your products on fluentmart as we do not charge listing fee. However, at our sole discretion, we may limit the number of products that can be listed and any additional listing beyond the limit will cost 100 Naira ($0.27 USD) to publish a listing to the marketplace.  The listing fees will be billed in Naira or USD. Consequently, based on changes in the exchange rate, the amount may vary if your bank’s currency is not Naira or USD.

Transaction Fee. Once an item sells, there is an 8.5% marketplace transaction fee on the sale price (excluding shipping costs).

Payment Processing Fee. There is also a payment processing fee based on the fee structure of the payment gateway which ranges between 1.5 – 3.9%

 Sales Proceeds

All Sales Proceeds of your products shall be received by us on your behalf and will remit such proceeds to you only after deduction of applicable commission. Sales proceeds shall qualify for remittance if the following conditions are met:

Two weeks after a purchase is made

it meets the minimum amount of N5000 (Five Thousand Naira) for local Nigerian Vendors and $500 USD for International vendors.

Remittance of Sales Proceeds

 We shall remit to you your available balance as at when your sales proceeds meet the conditions necessary to initiate remittance or based on mutual agreement between parties, remittance could be made but the condition for minimum amount must be met. Every remittance will be gross proceeds from Sales less the following:

(a) The Commission Fees;

(b) Courier shipping charges if the customer elect to use the courier service provided on FLUENTMART Site

(c)  Transaction fees

(d) Any other fees that may be applicable at the time of transaction

(e) Withheld funds in accordance with the Fraud and Non-Compliance Clauses

Refunds

If you make any refund to a customer with respect to one of your transactions on FLUENTMART Site, we will refund to you the commission Fee related to the transaction. However, if an Administration Fee is incurred in connection with the refund, the refunded commission fee will be less the administrative fee.

Product Listing

The infrastructure we provide will facilitate listing your Products on FLUENTMART Site for the purpose of marketing, retailing, packaging and handling of your Products as allowed by us. The features and functionality of our infrastructure permit users to review your Products and rate your performance as a merchant on FLUENTMART Site. Such reviews and evaluation may be published on FLUENTMART Site and made available to the global public to maintain marketplace integrity.

Shipping and Handling

For any of your products ordered through the features and functionalities provided on FLUENTMART Site that are not shipped using the courier service on FLUENTMART SITE, you will determine the shipping and handling charges as well as be responsible for the shipping method and tracking of the item(s). Order Information for your products shall be made available to you through the functionality in FLUENTMART Site.

Order Fulfilment

 You will fulfil all orders made on your account in accordance with the Order Information you will receive at the time the transaction is made and bear all risk associated with fulfilling the order.

You will be solely responsible for:

(a) Ensuring that you are the seller of each of Your Products

(b) Retrieving Order Information related to purchases made on your account.

(c)  Complying with packaging and labeling requirements

(d) Ensuring your products are shipped in a timely fashion

(e) Canceling your orders where it is necessary

(f)  Providing FLUENTMART INTEGRATED SOLUTIONS AND DEVELOPMENT COMPANY LIMITED information related to fulfilment of your orders and tracking status

Cancellations and Returns

In connection with your products fulfilled using any preferred shipping method made available in the FLUENTMART Site, you will accordingly accept and process cancellations and returns as quickly as possible. You will also process refunds if requested by a customer in harmony with the refund clause in this Terms of service and the FLUENTMART Refund Policies using the features we provide for your account where such is available. However, at our sole discretion, we may accept to process cancellations, returns, refunds on your behalf to enhance customers satisfaction. All such payments with respect to refunds shall be directed through FLUENTMART to which you will reimburse us to the tune of the amount we paid plus any administrative fee incurred.

 Delivery Failures and Theft 

You will be solely responsible for any delivery failure and theft in connection with the fulfilment of your orders, except where it is our failure to provide accurate address of customer or to make available to you Order Information as it was received by us.

Defects and Recalls

You will be responsible for any defects in or safety of any of your products you list on FLUENTMART Site. Where there are recalls whether public or private relating to the safety of any of your products, you will notify us immediately as soon as you have knowledge of such recalls or safety concerns of Your Products.

Chargebacks

 If receive a claim or any chargeback in connection with one of your transactions that is not caused by our failure to provide accurate address of customer or order information as it was received by us, you will be notified by us. Under such circumstances, you will provide to us the following:

(a) Order number

(b) A description of the concerned product(s)

(c)  Proof of fulfilment of the concerned product(s)

(d) Any Terms and Conditions displayed by you on the FLUENTMART Site related to the product(s) in question.

And you will reimburse us for the amount of the chargeback such as purchase Price, taxes, payment processing charges, shipping and handling charges and other fees associated with the original purchase paid by us as permitted.

Communication

The language of communication in FLUENTMART Site is English. Accordingly, this Terms and Conditions have been written in English language and it is your responsibilities to ensure you understand English language at the time you consent to use the FLUENTMART INTEGRATED SOLUTIONS AND DEVELOPMENT COMPANY LIMITED Services. All product information (including description, labelling, trademarks) listed on FLUENTMART Site shall be in English. As a Merchant or Seller, you will only communicate with customers using the inquiry board provided in your account which constitute an electronic communication and your messages must not contain any contact details such as phone number and email address.

We will post this Agreement on our website and you are requested to read it carefully before registering as a Merchant or Seller. We may also communicate with you electronically or by any other means and you consent to receive such communications notwithstanding any communication preferences you may have indicated on your account. You are requested to download this Agreement from FLUENTMART Site for your records and you may modify your account details as applicable at any time in FLUENTMART Site. You will ensure that all your information is always valid, accurate and up to date.

Miscellaneous

We reserve the right to determine the design, appearance, content, features, functionality, and all other aspects of the FLUENTMART Site through reengineering and modification. At our sole discretion, we may limit access to any of features, content, appearance and functionality.

As FLUENTMART INTEGRATED SOLUTIONS AND DEVELOPMENT COMPANY LIMITED is not your agent, FLUENTMART INTEGRATED SOLUTIONS AND DEVELOPMENT COMPANY LIMITED will not act in such capacity as either your agent or customer’s agent in connection with resolving any disputes between you and the concerned customer related to any transaction on your products or services.

Contacting us

If you have any questions about this Agreement, please contact us.

Email: info@fluentmat.com

P.O Box 3637, Warri

Delta State,

Nigeria

This document was last updated on June 1, 2019

Data Protection

Fluentmart Integrated Solutions And Development Company Limited

Welcome to Fluentmart Integrated Solutions And Development Company Limited

Privacy policy

This privacy policy (“Policy”) describes how Fluentmart Integrated Solutions And Development Company Limited (“Fluentmart Integrated Solutions And Development Company Limited”, “we”, “us”or “our”) collects, protects and uses the personally identifiable information (“Personal Information”) you (“User”, “you” or “your”) may provide on the fluentmart.com website and any of its products or services (collectively, “Website” or “Services”). It also describes the choices available to you

regarding our use of your Personal Information and how you can access and update this information. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

Collection of personal information

We receive and store any information you knowingly provide to us when you create an account, publish content, make a purchase, fill any online forms on the Website. When required this information may include your email address, name, phone number, address, credit card information, bank information, or other Personal Information. You can choose not to provide us with certain information, but then you may not be able to take advantage of some of the Website’s features. Users who are uncertain about what information is mandatory are welcome to contact us.

Collection of non-personal information

When you visit the Website our servers automatically record information that your browser sends. This data may include information such as your device’s IP address, browser type and version, operating system type and version, language preferences or the webpage you were visiting before you came to our Website, pages of our Website that you visit, the time spent on those pages, information you search for on our Website, access times and dates, and other statistics.

Managing personal information

You are able to access, add to, update and delete certain Personal Information about you. The information you can view, update, and delete may change as the Website or Services change. When you update information, however, we may maintain a copy of the unrevised information in our records. Some information may remain in our private records after your deletion of such information from your account. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period.

Use and processing of collected information

Any of the information we collect from you may be used to personalize your experience; improve our Website; improve customer service and respond to queries and emails of our customers; process transactions; send newsletters; send notification emails such as password reminders, updates, etc; run and operate our Website and Services. Non-Personal Information collected is used only to

identify potential cases of abuse and establish statistical information regarding Website usage. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system. We may process Personal Information related to you if one of the following applies: (i) You have

given your consent for one or more specific purposes. Note that under some legislations we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the following legal bases below. This, however, does not apply, whenever the processing of Personal Information is subject to European data protection law; (ii) Provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (ii) Processing is necessary for compliance with a legal obligation to which you are subject; (iv) Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Information transfer and storage

Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer takes place, you can find out more by checking the relevant sections of this document or inquire with us using the information provided in the contact section.

The rights of users

You may exercise certain rights regarding your information processed by us. In particular, you have the right to do the following: (i) you have the right to withdraw consent where you have previously given your consent to the processing of your information; (ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent; (iii) you have the right to learn if information is being processed by us, obtain disclosure regarding

certain aspects of the processing and obtain a copy of the information undergoing processing; (iv) you have the right to verify the accuracy of your information and ask for it to be updated or corrected; (v) you have the right, under certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it; (vi) you have

the right, under certain circumstances, to obtain the erasure of your Personal Information from us; (vii) you have the right to receive your information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that your information is processed by automated

means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.

The right to object to processing

Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection. You must know that, however, should your Personal Information be processed for direct marketing purposes, you can object to that processing at any time without providing any justification. To learn,

whether we are processing Personal Information for direct marketing purposes, you may refer to the relevant sections of this document. How to exercise these rights

Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.

Billing and payments

We use third-party payment processors to assist us in processing your payment information securely. Such third-party processors’ use of your Personal Information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this Privacy Policy. We suggest that you review their respective privacy policies.

Product and service providers

We may contract with other companies to provide certain products and services. These service providers are not authorized to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. We may share Personal Information for these purposes only with third-parties whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or

disclose Personal Information for their own marketing or other purposes.

Privacy of children

We do not knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through our Website or Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through our Website or Service without their permission. If you have reason to believe that a child under the age

of 13 has provided Personal Information to us through our Website or Service, please contact us. You must also be at least 16 years of age to consent to the processing of your personal data in your country (in some countries we may allow your parent or guardian to do so on your behalf).

Newsletters

We offer electronic newsletters to which you may voluntarily subscribe at any time. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.

Cookies

The Website uses “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. We may use cookies to collect, store, and track information for statistical purposes to operate our Website and Services. You have the ability to

accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. To learn more about cookies and how to manage them, visit internetcookies.org

In addition to using cookies and related technologies as described above, we also may permit certain third-party companies to help us tailor advertising that we think may be of interest to users and to collect and use other data about user activities on the Website. These companies may deliver ads that might also place cookies and otherwise track user behavior.

Do Not Track signals

Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. Our Website does not track its visitors over time and across third party

websites. However, some third party sites may keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you.

Advertisement

We may display online advertisements and we may share aggregated and non-identifying information about our customers that we collect through the registration process or through online surveys and promotions with certain advertisers. We do not share personally identifiable information about individual customers with advertisers. In some instances, we may use this aggregated and non-identifying information to deliver tailored advertisements to the intended audience.

Affiliates

We may disclose information about you to our affiliates for the purpose of being able to offer you related or additional products and services. Any information relating to you that we provide to our affiliates will be treated by those affiliates in accordance with the terms of this Privacy Policy.

Links to other websites

Our Website contains links to other websites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other websites or third-parties. We encourage you to be aware when you leave our Website and to read the privacy statements of each and every website that may collect Personal Information.

Information security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to

protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Website cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party, despite best efforts.

Data breach

In the event we become aware that the security of the Website has been compromised or users Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will send you an email, mail you a letter.

Legal disclosure

We will disclose any information we collect, use or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account, and personal data will likely be among the assets transferred.

Changes and amendments

We reserve the right to modify this Policy relating to the Website or Services at any time, effective upon posting of an updated version of this Policy on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website and its Services.

Contacting us

If you have any questions about this policy, please contact us.

Email: info@fluentmat.com

P.O Box 3637, Warri

Delta State,

Nigeria

This document was last updated on June 1, 2019

Payment

Fee Structure

There are three basic selling fees beside the subscription fee: a listing fee, a transaction fee, and a payment processing fee.

 Listing Fee. At the moment, it cost nothing to list your products on fluentmart as we do not charge listing fee. However, at our sole discretion, we may limit the number of products that can be listed and any additional listing beyond the limit will cost 100 Naira ($0.27 USD) to publish a listing to the marketplace.  The listing fees will be billed in Naira or USD. Consequently, based on changes in the exchange rate, the amount may vary if your bank’s currency is not Naira or USD. 

Transaction Fee. Once an item sells, there is an 8.5% marketplace transaction fee on the sale price (excluding shipping costs).

Payment Processing Fee. There is also a payment processing fee based on the fee structure of the payment gateway which ranges between 1.5 – 3.9%

Return

Cancellations and Returns

In connection with your products fulfilled using any preferred shipping method made available in the FLUENTMART Site, you will accordingly accept and process cancellations and returns as quickly as possible. You will also process refunds if requested by a customer in harmony with the refund clause in this Terms of service and the FLUENTMART Refund Policies using the features we provide for your account where such is available. However, at our sole discretion, we may accept to process cancellations, returns, refunds on your behalf to enhance customers satisfaction. All such payments with respect to refunds shall be directed through FLUENTMART to which you will reimburse us to the tune of the amount we paid plus any administrative fee incurred.

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