MartFlex Terms of Service ("ToS")

Effective Date: May 19, 2025

Introduction

These Terms of Service ("Terms") govern your ("you", "User", or "Users") access to and use of the MartFlex Platform ("MartFlex" or "the Platform"), including all content, features, functionalities, and services made available through or in connection with the Platform.

By creating an account, accessing or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, you MUST NOT access or use the Platform.

Eligibility

By accessing or using the Services provided by the Platform, you represent and warrant that you are at least 18 years of age and possess the legal capacity to enter into Binding Contracts under Applicable Law. If you do not meet these requirements, you may not access or use the Platform.

Account Creation

  • Accuracy of Information: Users agree that all information provided during registration or through the use of the Platform shall be true, accurate, current, and complete. Users are to update such information as necessary to ensure its accuracy. The provision of false, inaccurate, or misleading information constitutes a material breach of these Terms.
  • Account Restrictions: Each User -whether an Individual or a Business Entity- is permitted to create and maintain ONLY ONE account on the Platform. The creation or use of multiple accounts by the same Individual or Entity is strictly prohibited and may result in suspension or termination of all associated accounts.
  • Account Security: You are solely responsible for maintaining the confidentiality and security of your account credentials, including the username and password. You agree to accept full responsibility for all activities that occur under your account, whether authorized by you or not. MartFlex shall not be liable for any loss or damage arising from your failure to safeguard your account information.

User Roles and Responsibilities

Users of the Platform may assume one or more of the following roles, each of which entails distinct responsibilities:

  • Buyers: Buyers are permitted to browse listings, purchase products, and submit review or feedback in accordance with these Terms and any applicable Platform Guidelines.
  • Sellers: Sellers are authorized to list and manage products, fulfill orders in a timely and professional manner, and ensure full compliance with all Applicable Laws, these Terms and any Policies or Standards established by MartFlex.
  • Logistics Partners: Logistic Partners are responsible for accepting, handling, and completing deliveries in a timely, safe, and professional manner, while upholding the quality and service standard prescribed by MartFlex.

User Obligations

As a condition of your access to and use of the Platform, you agree that you shall not:

  • Use the Platform for any unlawful, fraudulent, or unauthorized purposes;
  • Post, upload, or transmit any content that is false, misleading, defamatory, infringing, offensive, or otherwise objectionable;
  • Interfere with, disrupt, or attempt to gain unauthorized access to the Platform or any servers, systems, or networks connected thereto

Orders and Transactions

All purchase orders placed on the Platform are subject to acceptance by the relevant Seller and the availability of the requested products. MartFlex does not guarantee the availability of any product listed on the Platform.

  • Sellers are solely responsible for the prompt, accurate, and complete fulfilment of orders, including dispatching and delivery of products to Buyers.
  • Prices for products and services may be updated at any time without prior notice. However, such changes shall not affect orders that have already been placed and confirmed before the change takes effect.
  • All Payment for orders must be made through authorized payment channels provided on the Platform, including but not limited to Paystack and Klump. Users agree to comply with the terms and conditions of these Third-Party payment providers.

Shipping and Delivery

MartFlex partners with licensed third-party logistics providers to facilitate the shipping and delivery of products purchased through the Platform. While we coordinate with these providers, all delivery services are performed independently of MartFlex.

  • You agree to provide complete, accurate, and up-to-date delivery information at the time of placing an order, and to ensure availability at the specified delivery address to receive the item(s).
  • Delivery timelines provided on the Platform are estimates only and are not guaranteed. Actual delivery periods may vary due to logistical, operational, or other unforeseen circumstances.
  • MartFlex shall not be held liable for any delayed, incomplete, or failed deliveries, whether arising from the actions or omissions of Sellers, Logistics Partners, or other Third Parties.
  • Title and risk of loss for products purchased on the Platform pass to you upon delivery of the item to the delivery address provided. MartFlex shall not be liable for any loss, damage, or theft occurring after delivery has been completed.

Product Listings

Sellers are required to comply with MartFlex’s Acceptable Use Policy (“AUP”) and any other applicable guidelines when listing products on the Platform. All listings must be accurate, lawful, and not misleading.

  • Only products that are permitted under applicable laws, as well as MartFlex’s internal policies and listing standards, may be offered for sale on the Platform. The listings of prohibited, restricted or unauthorized items is strictly forbidden and may result in the suspension or termination of the Seller’s Account.

Subscriptions and Fees

Sellers on the Platform may be subject to subscription plans, service charges, commissions, or other applicable fees in connection with the use of specific features or services offered by MartFlex.

  • All applicable fees, including the nature, amount, and billing cycle, will be clearly communicated to the Seller prior to activation or enrolment in any paid plan or service. By proceeding with activation, the Seller agrees to the applicable pricing and payment terms.
  • MartFlex reserves the right to modify its pricing structure or introduce new fees from time to time. Any such changes will be communicated in advance and will not affect ongoing subscriptions or transactions unless expressly agreed.

Intellectual Property

All content made available on the Platform—including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and design elements—is the property of MartFlex or its licensors and is protected by applicable intellectual property laws, including the Copyright Act, Trade Marks Act, and other relevant laws of the Federal Republic of Nigeria.

  • You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for its intended purpose. Except as expressly authorized in writing by MartFlex, you may not copy, reproduce, modify, distribute, display, publish, transmit, or otherwise exploit any part of the Platform or its content for any commercial or non-commercial purpose.
  • Any unauthorized use of the Platform’s content may constitute a violation of intellectual property laws and may result in legal action.

Dispute Resolution and Governing Law

MartFlex encourages the amicable resolution of all disputes arising from or in connection with transactions or activities conducted on the Platform. In the event of a dispute between Users (including Buyers, Sellers, or Logistics Partners), MartFlex may, at its sole discretion, review the matter and act as a neutral mediator. MartFlex will assess all relevant information provided and may propose or impose a resolution, particularly where a violation of Platform policies is established. In such cases, MartFlex’s decision shall be final and binding.

  • These Terms shall be governed by and construed in accordance with the Laws of the Federal Republic of Nigeria. Where a dispute cannot be resolved amicably or through MartFlex’s internal mediation process, such dispute shall be submitted to Arbitration in accordance with the provisions of the Arbitration and Mediation Act, 2023. The Arbitration shall be conducted by a Sole Arbitrator appointed in accordance with the Act, with the Seat of Arbitration in Nigeria and the language of proceedings being English.

Limitation of Liability

To the fullest extent permitted by applicable law, MartFlex disclaims all liability for any loss, damage, or injury arising directly or indirectly from your use of the Platform. Without limiting the generality of the foregoing, MartFlex shall not be responsible or liable for:

  • The quality, safety, legality, or performance of products listed or sold by Sellers on the Platform;
  • Delays, failures, or errors caused by Third-Party logistics providers;
  • Any loss or damage resulting from unauthorized access to or use of your account, whether or not such access was authorized by you.

To the extent permitted under the Laws of the Federal Republic of Nigeria, MartFlex shall not be liable for any indirect, incidental, special, exemplary, or consequential damages, including but not limited to loss of profits, goodwill, data, or other intangible losses, whether in Contract, Tort, or otherwise, arising out of or in connection with your use of, or inability to use, the Platform.

Termination

MartFlex reserves the right, at its sole discretion, to suspend, restrict, or terminate your access to the Platform, in whole or in part, without prior notice or liability, for any reason including, but not limited to:

  • Any breach of these Terms of Service or the Acceptable Use Policy ("AUP");
  • Engagement in suspicious, fraudulent, or unlawful activity;
  • Abuse or misuse of the Platform or its services

Such suspension or termination may be immediate and without refund of any fees paid. MartFlex shall not be liable to you or any third party for any suspension or termination of access.

Post-Termination Obligations: Upon termination or suspension of your account, your right to access and use the Platform will cease immediately. You agree that MartFlex may delete or disable access to any content associated with your account. Any provisions of these Terms which by their nature should survive termination shall remain in effect, including but not limited to provisions concerning intellectual property, limitation of liability, and dispute resolution.

Reinstatement: In certain circumstances, and at MartFlex’s sole discretion, suspended accounts may be reinstated upon resolution of the underlying issue. Users seeking reinstatement must comply with any conditions imposed by MartFlex and provide any requested information or assurances.

Amendments

MartFlex reserves the right to modify, update, or revise these Terms of Service at any time, at its sole discretion. Any such amendments shall become effective upon publication on the Platform or upon notice to Users via email or in-app notification.

You are responsible for reviewing the Terms periodically to ensure continued compliance. Your continued use of the Platform following the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the amended Terms, you must discontinue use of the Platform immediately.

Contact Information

If you have any questions about these Terms, please contact us at: hello@martflex.co, phone: +2342013306151.