Terms of Service
SECTION 1 OVERVIEW
Thank you for visiting our website. We are very excited that you are a part of our story!
This website is operated by Naija Package, a subsidiary of Drop Ship Eagle LLC. Throughout the site, the terms “we”, “us” and “our” refer to DropShipEagle LLC DBA Naija Package. And Naija Package will be used interchangeably with Drop Ship Eagle LLC in these terms of service. Invariably, your contract as a user of our services is with Drop Ship Eagle LLC in Louisville, KY United States, 40214.
Naija Package offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing our marketplace, using, browsing and/or reading the Website, or any of its associated products or Services, you agree to be bound by the following terms of service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please read these Terms of Service carefully before accessing or using our marketplace. Your accessing or using any part of the site signifies that you have read, understood and agree to be bound by the Terms. If you do not agree to all the terms and conditions of this agreement, you must cease usage of the Website, or any of its products or Services immediately. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to Naija Package shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service at our sole discretion, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
These Terms of Service apply to all users of the site, including without limitation to users who are browsers, suppliers, vendors, customers, merchants, and/ or contributors of content.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You also represent that you are not a person barred from receiving the Services under the laws of the United States of America or other countries including the country in which you are resident or from which you use the Services.
If you are agreeing to these terms on behalf of a legal entity, you further represent that you have the authority to bind such entity and its affiliate to these terms. If that is the situation, the term “you” or “your” as used in these terms will also refer to such entity and its affiliates. Subject to your compliance with these Terms, Naija Package grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable access to access and use the Services during the term of your Membership.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 THE MARKETPLACE
In order to access OUR MARKETPLACE, both the buyer and the seller are required to register for a buyer’s and vendor’s account respectively through the vendor’s and buyer’s registration porter respectively.
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
You warrant that any information you give to Naija Package in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.
YOUR OBLIGATIONS AS A MEMBER
As a member, you agree to comply with the following:
you will not share your profile with any other person;
you will use the Services only for purposes that are permitted by:
the Terms; and
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Naija Package of any unauthorised use of your password or email address or any breach of security of which you have become aware;
you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
you agree not to harass, impersonate, stalk, threaten another Member of the marketplace (where interaction with other Members is made available to you);
access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
you will not use the Services or the Website in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Naija Package.
you will not use the Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;
you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Naija Package for any illegal or unauthorized use of the Website; and
you acknowledge and agree that any automated use of the Website or its Services is prohibited.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time, and we reserve the right to terminate your account at any time for any reason.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 PRIVACY
SECTION 5 –COPYRIGHT and Intellectual Property
The Website, the Services and all of the related products of Naija Package are subject to copyright. The material on the Website is protected by copyright under the laws of the United States of America and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Naija Package or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Naija Package, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a member to:
use the Website pursuant to the Terms;
copy and store the Website and the material contained in the Website in your device’s cache memory; and
print pages from the Website for your own personal and non-commercial use.
Naija Package does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Naija Package.
Naija Package retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright; or a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
You may not, without the prior written permission of Naija Package and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Naija Package a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide license to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
SECTION 6 SELLERS AND BUYERS
As an online marketplace, Naijapackage.com facilitates interactions between buyers and sellers of various goods and services, making it easier for buyers and sellers to initiate and complete business transactions including placing, accepting, declining, fulfilling and tracking of orders in a fast and secure manner.
However, for the respective transactions on our marketplace, we do not represent either the buyer or the vendor/freelancer. Therefore, as a buyer or seller on our platform, you are advised that there may be risk of dealing with some people who are acting fraudulently. To manage fraud on Naija Package, we take several steps to verify users’ identity on our platform. However, because online verification may not always be possible, we do not claim to confirm the claimed identities of every user of our platform. You therefore understand that it is your responsibility to use your best judgment as well as take reasonable and practical steps to make decision about anyone you are dealing with. We do not take responsibility or liability for the quality, safety or availability of the goods or services offered in Naijapackage.com.
RESTRICTED PRODUCT CATEGORIES
One of our core values in Naija Package is to create and promote a virtual environment where business can be conducted with confidence and trust. Therefore, the goods and services that can be listed on our platform must comply with all laws and regulations and with our marketplace terms and conditions. The following cannot be listed on Naija Package:
• drugs and drug paraphernalia;
• Falls within the import/export Prohibition List of the Nigerian Customs Administration
• Explosives, weapons, and related items
• Recalled products;
• Items encouraging illegal activity
• Gambling & Lottery
• Human body parts
• Personal information
• Collectible Currency, Coins, Cash Equivalents, and Gift Cards
• Warranties, Service Plans, Contracts, and Guarantees
• Stocks and other securities
• Military/ paramilitary items
• Prescription and over-the-counter drugs
• Tobacco, Tobacco-Related Products and Alcohol
• Hazardous and prohibited items
• Products posing health or safety hazards
• Other restricted products and services;
• stolen property;
• Slot machines
• Multi-level marketing, pyramid, and matrix programs
• Offensive and Controversial Materials
• Products that violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
• counterfeit items;
Since Naija Package is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, Naija Package does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.
Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then Naija Package requires the Receiver to:
contact the Provider directly to request a refund; and
if contacting the Provider is not successful after fourteen (14) days, contact Naija Package through the ‘Contact Us’ section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.
If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately:
complete the Naija Package refund request form (the ‘Request Form’) provided on the Website; and
provide both the Request Form and the email from the Receiver requesting the refund to Naija Package.
If the Provider agrees to a refund, it is acknowledged that the Provider will instruct Naija Package to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by Naija Package in processing the refund.
Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.
SECTION 7 – PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Naija Package. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. If you are not satisfied with any of our products or services, you can request a return authorization in accordance with our refund policy.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change at any time with or without notice.
prices of listed products on our website are in USD. Effort is made to ensure that the prices are accurate at every given time. However, if after a customer placed an order, we notice that item(s) from the order has been underpriced in error, we may contact the customer and offer the following two options:
A. placement of a new order at the correct price of the item;
B. Cancellation of the order.
If the price of any of our membership plans change, we will make effort to notify everyone on our paid membership plans,
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 8 BILLING, ORDERS AND ACCOUNT INFORMATION
When you place an order on Naijapackage.com, we will ship the item(s) to the address in the order. You represent that you will check the address and all the other order details before confirming your order and that we cannot be held responsible for items that did not arrive to the address due to errors made by the customer when entering the address details on our website. Also, note that the address must be accessible to courier drivers and if no shipping instructions are left, the customer needs to ensure that there is someone to receive the package.
You further understand that we will not be held responsible for any delays in delivery caused by freight companies or intermediaries used. The customer is responsible for the order once the package arrives at the address in the order. We cannot be held responsible if the package goes missing once delivered.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our marketplace. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 9- OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Consumer Protection Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and Naija Package will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Naija Package make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Naija Package) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorized access to records;
the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the Services or any of the products of Naija Package; and
the Services or operation in respect to links which are provided for your convenience.
You acknowledge that Naija Package Website and the Services are only intended to facilitate the interactions between the buyer and the seller and does not offer any services other than the Services and Naija Package holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You expressly understand and agree that in no case shall Naija Package, its directors, affiliates, employees, interns, agents, contributors, contractors, suppliers, service providers and licensors be liable to you for any injury, loss, claim, or any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit, revenue, lost savings, loss of data, replacement costs, or any similar damages, (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
You further acknowledge and agree that Naija Package holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Naija Package and our parent; subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, and third-party content providers from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content; any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or any breach of the Terms.
SECTION 13 Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
Within 30 days of the Notice, endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in the state of Kentucky, United States.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If sixty days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The parent company of Naija Package, Dropship Eagle is registered in the state of Kentucky. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of, Kentucky.
The Terms are governed by the laws of the United States and the state of Kentucky. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of, Kentucky, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
SECTION 14 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 – TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
Naija Package may at any time, terminate the Terms with you if:
you have breached any provision of the Terms or intend to breach any provision;
Naija Package is required to do so by law;
Naija Package is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
the provision of the Services to you by Naija Package is, in the opinion of Naija Package, no longer commercially viable.
Subject to local applicable laws, Naija Package reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Naija Package’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Naija Package have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 – CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 17 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.