Terms of Use

Welcome to the MBN platform!

In these Terms of Service, "we," "us," "our," and “MBN” refer to the Made-by-Nigerians platform, powered by The Made By Nigerians Project Ltd.

"You" refers to you, as a User of the MBN platform.

These Terms and Conditions explains your rights and responsibilities when using the MBN platform either mobile app or web, and any other connected services we offer. We collectively refer to these as our "Services." Please read these Terms carefully. By using any of our Services or accessing our website, you agree to them. If you don't agree, you cannot use our Services.

ABOUT THE PLATFORM

The MBN platform is your one-stop shop for everything made by Nigerians! It acts as both a community hub and an online marketplace, connecting businesses directly with their target audience. MBN promotes business matchmaking by helping companies find their ideal customers. It also provides a space for entrepreneurs to share ideas, spark inspiration, and build valuable connections that can fuel their businesses' growth.

MODIFICATION

We may modify these Terms from time to time. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email or by other method prior to the effective date of the changes. We will also indicate at the top of this page the date that such changes were last made. You are encouraged to visit these Terms on a regular basis as revised versions will be binding on you. If you keep using the Platform after a change, that means you accept the new terms.

ACCOUNT ENROLLMENT AND USE OF ACCOUNT

You may register to use the MBN Services as an individual or as a business owner registering on behalf of the business.

To access the Services on the Platform, firstly, you need to enrol to create an individual, business or company profile (“Account”). Please follow the following steps for enrolment.

visit www.mbn.ng,
Click on create a store or get started
You will be requested to provide the following information: Name, email, password.
You will be required to agree to the terms of the platform. You may be unable to complete the process of enrolment if you do not agree to the terms.
Click the (create account) button and an MBN account will be generated for you.
After creating an account, you will have access to a dashboard that allows you to upload your brand assets, list your products and manage prices as a vendor or manage your orders and designs or preferences as an ordinary user.

In exchange for your use of the Service and, if applicable, in order for providers to send notices to you. You agree to: (i) provide true, accurate, current and complete information about yourself and/or business as prompted by our Account enrolment form and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, we reserve the right to refuse any future request(s) to use the Services.

ACCOUNT SECURITY

You shall at all times remain responsible for maintaining the confidentiality of your Account password/access code or passcode and username (if any) and any other security information related to your Account. You agree to accept responsibility for all activities that occur under your member identification and password. We will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

TERMINATION

You can close your account any time you want. If you'd like to, please contact us (see how to reach us section). If after termination you use the Services again, this Agreement will apply with an effective date that is the date on which you first use the Services again. Note that should you terminate this Agreement at any time when an order is pending processing/delivery to you, we may not be able to resolve any issue arising from such order.

We reserve the right to close your account or stop you using the Platform and without notice in order to maintain security, if:

You have breached these Terms and conditions.
You give us false information at any time.
We suspect fraud or an attempt at fraud.
You have broken the law or attempt to break the law.

USE OF THE PLATFORM

PERMISSION TO ACCESS AND USE THE PLATFORM

We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.

SERVICE AVAILABILITY

The Service may be modified, updated, interrupted, suspended or discontinued at any time. Where it is reasonably practicable to so do, we will give you notice of such service discontinuance. Where the circumstances do not permit, the service may be discontinued without notice to you and without liability to us.

COMMUNICATION.

By registering and using the Service, you consent to receive communications from us or our affiliates and/or other users through the Service, or through any other means such as emails, push notifications, text messages and phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with us or made through the Service may be monitored and recorded for quality assurances purposes. You have the option to opt-out of certain communications.

ELIGIBILITY

To access and use the Services, you must register for an MBN account (“Account”). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. We may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
You must be 18 years and above or must have attained an age of majority in the jurisdiction where you reside and from which you access the Services and/or open an Account.

OWNERSHIP

All visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding your Content, User Content and third-party Content are owned by us. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with our Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you are prohibited from selling, licensing, copying publishing, modifying, reproducing, distributing, creating derivative works or adaptations of, publicly displaying or in any way using or exploiting any of our Content in whole or in part except as expressly authorized by us. All texts, images, photos, audio, video, and all other forms of data or communication, “Your Content” which you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page are owned by you.

ADVERTISING

We may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

NO RESPONSIBILITY FOR CONTENT

All user contents including Your Content and content created by other users to be displayed on the platform, do not reflect our opinion. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate any user content at our sole discretion for any reason or no reason, and without notice to you.

PAYMENT PROCESSING ON MBN

MBN understands the importance of safe and secure transactions for both buyers and sellers. While we don't directly process payments on our platform, we've partnered with reputable third-party

TRANSACTING

Transacting is completed outside the website. Potential buyers may contact the businesses they are interested via their listed channels such as emails, phone numbers, social media channels, etc.

INDEMNIFICATION

Any alleged or confirmed violation of the law or a third party's rights by you.

We reserve the right to manage our legal defense as we see fit, even if you're indemnifying us. In such cases, you agree to cooperate fully with us in our defense strategy.

You also agree to unconditionally release, indemnify, defend and hold us harmless against any liability, cost, expense, loss or any damage incurred by us (including but not limited to professional advisors' or cost of legal fees) for any claim arising from or related to: (a) MBN providing the Service, or accepting or processing a transaction or instruction from you or your nominated beneficiary or anyone else using the Service with your access credentials (b) you breaching a representation or warranty you give, (c) a third party claim against you (d) any items you buy or sell through the MBN platform if applicable.

This Indemnity obligation shall remain in force even after you close your Account or this service terminates.

PROHIBITED USE

You agree not to use the platform to:

interfere, disrupt or attempt to gain unauthorised access to other accounts on the platform or any other computer network;
use any device, software or routine, including but not limited to viruses, trojan horses, worms, time bombs, and cancelbots, which damage or hinder, or are intended to damage or hinder, the proper working of the web site, or to unlawfully intercept or expropriate any software, data or other information from the web site;
take any action that imposes an unreasonable or disproportionate load on the Platform.
interfere with or disrupt the Services or the servers or networks connected to the Service, including any security or access control mechanism;
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Platform.
You will not “frame” or “mirror” any part of the Platform, without our prior written authorization.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble or modify any portion of the Platform or any software used on or for the Service or cause or enable others to do so;
You will not use the Platform if you are prohibited under applicable law from using the Platform.
You will not conduct activities that may be harmful to others or that could damage the reputation of the Platform;
You will not post, upload, or distribute marketing or advertising links or content, or any User content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
You will not make any unsolicited offer or advertisement to another user of the Platform or attempt to collect personal information or other information about another user or third party without their consent.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that you will not, and will not assist, encourage, or enable others to :

Violate these Terms
Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;
Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service's search results, or any third party website;
Solicit personal information from minors, or submit or transmit pornography;
Violate any applicable law;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content other than Your Content, and as authorized by us;
Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by us;
Reverse engineer any portion of the Service;
Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
Record, process, or mine information about other users;
Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
Reformat or frame any portion of the Service;
Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service.

INVOLVEMENT WITH THIRD PARTIES.

Links to Third Party Sites. The Platform may allow access to other websites. These linked sites are not under our control and we are not responsible for the contents of any linked site. We may provide links only as a convenience, and such inclusion of any link does not imply endorsement by Us of the site or any part of its contents.
Third Parties Items. Some of our Services allow users to make or process transactions for Items ("Transactions") and may allow users to upload or route various information including but not limited to information on Items or information relating to proposed or actual Transactions ("Content"). You acknowledge that, except for Items clearly identified as being those ofMBN, we do not operate, control or endorse any Items listed on the Platform or processed by the Platform. Except for MBNitems, all Transactions are solely between You and your trading partner, and we have no responsibility whatsoever relating to the Items. "Items" means all products, services, or information posted on the Platform.

DISCLAIMERS

The website may be under constant upgrades, and some functions and features may not be fully operational during periods of upgrade or software maintenance.
We disclaim any liability arising due to the vagaries that can occur in the electronic distribution of information.
You acknowledge that third party services are available on the Platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s services.
We do not, in any way, endorse any information or service offered or described on the Platform. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
You assume all responsibility and risk with respect to your use of the Platform. The services are provided and available “as is,” and “as available”. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the Platform, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose.
We do not warrant use of the website will be uninterrupted or error-free or that errors will be detected or corrected. We do not assume any liability or responsibility for any computer viruses, bugs, malicious code or other harmful components, delays, inaccuracies, errors or omissions, or the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the services.
In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the use of the Platform / services or our agreement with you concerning the services, including, but not limited to, (i) the use of or inability to use the site, the service, or the content, (ii) any transaction conducted through or facilitated by the site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the site, the service, or the content, and any compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages.

DATA INTEGRITY AND STORAGE.

Data Integrity. You are responsible for confirming the accuracy of any data you send to or receive from the Platform, and for maintaining a means external to the Platform, for the reconstruction of your lost data. We have procedures to assist your efforts to confirm that your data is accurate, current, and complete.

Storage of Data. The Platform will allow You to access Data You send to or receive from the Platform for a limited period of time, as may be announced by us from time to time and which may vary for specific Platform or functions. Notwithstanding the foregoing, wwill not delete the transaction Data you retain on the Ariba Network that has been stored on the Ariba Network for less than eighteen-months, provided that your account is active and in good standing. You are solely responsible for saving all of Your Data. Therefore, You should take proactive measures to store Your Data within Your own computers, in order to preserve the accessibility of such Data beyond the Platform retention period applicable to You.

SEVERABILITY

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

NON-ASSIGNMENT

You may not transfer, assign, or delegate these Terms or your rights or obligations herein or your Account, in any way (by operation of law or otherwise). To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.

FORCE MAJEURE

To the fullest extent permitted under applicable law, we will be excused from performance under these Terms for any period that we are prevented from or delayed in performing any obligations pursuant to this Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) labor strikes; (e); (f) unauthorized access to our information technology systems by third parties; or (g) other causes beyond our reasonable control and contemplation.

GOVERNING LAW

These Terms are governed by the laws of the Federal Republic of Nigeria.

ENQUIRIES AND COMPLAINTS

If you have any questions, complaints or claims with respect to these terms or the Platform, please contact us at contact@mbn.ng