1. ACCEPTANCE OF TERMS
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These Terms of Use (the "Terms") constitute a legally binding and enforceable contract between Smek Online Marketplace Nigeria, its affiliated companies (together, the “Administrator”, “we”, “we”) and you. Please read these Terms carefully.
1. Your access and use of the Smek.ng website and mobile applications, as well as any service, content, and the data available through them (together, the “Service” or the “Platform”) are governed by these Terms.

2. If you do not agree with any part of these Terms, or if you are not qualified or authorized to be bound by the Terms, then do not access or use the Service.

3. Please also read our privacy policy. The terms of the Privacy Policy and other supplemental terms, rules, policies or documents that may be posted on the Platform from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to o make changes or modifications to these Terms at any time and for any reason, with or without notice.

2. IMPORTANT DISCLAIMERS

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These Terms of Use (the "Terms") constitute a legally binding and enforceable contract between Smek Online Marketplace Nigeria, its affiliated companies (together, the “Administrator”, “we”, “we”) and you. Please read these terms carefully.

1. ALL SERVICES PROVIDED BY THE ADMINISTRATOR ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" AND BY THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE AND FITNESS FOR PARTICULAR PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED.

2. THE ADMINISTRATOR HAS NO CONTROL AND DOES NOT GUARANTEE THE EXISTENCE, QUALITY, SAFETY OR LEGALITY OF THE GOODS AND SERVICES PUBLISHED BY USERS ON THE PLATFORM; THE RELIANCE OR ACCURACY OF THE INFORMATION PROVIDED BY USERS IN THE ADS; THE ABILITY OF SELLERS TO SELL GOODS OR PROVIDE SERVICES; THE ABILITY OF BUYERS TO PAY FOR GOODS OR SERVICES; OR THAT A USER WILL ACTUALLY COMPLETE A TRANSACTION. THE ADMINISTRATOR MAKES NO WARRANTIES REGARDING THE MANUFACTURING, IMPORTING, EXPORTING, OFFERING, DISPLAYING, PURCHASE, SALE, ADVERTISING AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE PLATFORM DO NOT INFRINGE ANY THIRD PARTY RIGHTS. THEREFORE, ADMINISTRATOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH MATERIALS AND INFORMATION PUBLISHED BY USERS ON THE PLATFORM.

3. YOU ARE ENCOURAGED TO CHECK THE PRODUCTS BEFORE PAYMENT AND REQUEST THE SELLER TO PROVIDE DOCUMENTS CONFIRMING THE COMPLIANCE OF THE PRODUCTS WITH THE APPLICABLE REQUIREMENTS OF LAWS, REGULATIONS, RULES, GUIDELINES, STANDARDS.

4. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND UNDERSTAND THAT YOU MUST MEET OTHERS PERSONNEL TO COMPLETE A TRANSACTION ONLY IN SAFE PUBLIC LOCATIONS IN TIME OF DAY. YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING THE DUE DILIGENCE OF ANY INDIVIDUAL OR ORGANIZATION REQUESTING A MEETING TO CONDUCT A WORK INTERVIEW OR TO COMPLETE A TRANSACTION. ADMINISTRATOR DISCLAIMS ANY LIABILITY FOR USER INTERACTION WITH ANY INDIVIDUAL OR ORGANIZATION.

3. ACCOUNT REGISTRATION
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1. To use certain features of the service, you may need to register an account on the platform (the "account") and provide certain information about you as prompted by the registration form.

2. You can create an account as an individual or as a authorized representative of a company.

3. You acknowledge that you are solely responsible for safeguard and maintain the confidentiality of access your account details and that you are fully responsible. and responsible for any activity performed using access to your account. Details.

4. You acknowledge that you are solely responsible for protect and maintain the confidentiality of access details of your account and that you are fully responsible and responsible for any activity performed using your account access details.

5. We reserve the right to suspend or terminate your account, or your access to the service, with or without notice if you violate these terms.

6. You agree to notify us immediately of any unauthorized use or suspected unauthorized use of your account or any other breach of security. We cannot and will not be responsible for any loss or damage arising from your failure to meet the above requirements.

4. SERVICE
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1. The platform is an online service that allows users to create and publish communication with other users using the contact details provided in the ad.

2. The administrator himself is not an importer, manufacturer, distributor or seller of any item, as well as not providing any service posted by users on the platform. Furthermore, the administrator is neither a merchant nor a person acting on behalf of the user in relation to the commercialization of any goods or services published on the platform. Actual purchase and sale contracts or service contracts are entered into directly between users, and the administrator himself is not a party to such transactions. The administrator gives users the opportunity to communicate.

3. Users shall be solely responsible for collecting and remitting any applicable taxes resulting from from the sale of your products or services posted on the platform.

4. The administrator reserves the right to exclude or block access to advertisements posted by users, without any notice, in case of: (i) receipt of mandatory sentences from competent public authorities; (ii) a claim by an intellectual property rights holder to terminate the violation of his rights by a user on the platform; (iii) infringements of the legal rights or interests of other users, legal entities or individuals upon reasonable request; (iv) detect that the ad posted by the user on the platform violates these terms or any applicable law, regulation, rule or standard.

5. The administrator is authorized to delete or block user ads, regardless of providing a user with relevant proof.

6. The administrator reserves the right to implement any changes to the service (whether for free or paid features) at any time, with or without notice. You acknowledge that various actions of the administrator may harm or prevent you from accessing the service at certain times and/or similarly, for limited or permanent periods, and agree that the administrator has no responsibility or obligation as a result of any of these actions or results, including, without limitation, for the exclusion or non-availability of any content or service.

7. Each user of the Service is solely responsible for any and all User Content (as defined below). As we do not control user content, you acknowledge and agree that we are not responsible for any user content and we make no warranties regarding the accuracy, currency, adequacy or quality of any user content and we assume no responsibility for any user contents. Your interactions with other users of the Service are solely between you and that user. You agree that the administrator will not be responsible for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any user of the service, we are under no obligation to get involved.

8. The service may contain links to third-party websites or third-party features and advertisements (collectively, "third-party ads"). These third-party ads are not under the Administrator control and the administrator is not responsible for any third party advertisements. The administrator provides these third-party advertisements only as a convenience and does not review, approve, monitor, endorse, guarantee or make any representations with respect to the third-party advertisements. Advertisements and other information provided by online properties to which third-party advertisements lead may not be completely accurate. You acknowledge sole responsibility and assume all risk arising from the use of such online properties. When you link to third-party online properties, the applicable service provider's terms and policies, including privacy and data collection practices, govern. You must do any investigation you deem necessary or appropriate before proceeding with any transaction with a third party. Your transactions and other dealings with third-party advertisements found on or through the Service, including payment and delivery of goods or services, are solely between you and such third party.

9. You hereby release us, our directors, employees, agents and claim successors, claim any and all losses, damages, rights, claims and actions of any kind, including personal injury, death and property damage, whether directly or indirectly related to or arises from any interaction com or conduct of any users of the Service or any third-party advertisements.

5. USER ADVERTISEMENT POSTING
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1. A user must provide the administrator with all documents confirming the legitimacy of posting advertisements and identity documents at the administrator's request.

2. A user, who publishes advertisements related to the sale of goods or services on the platform, must provide accurate and complete information about such goods and services, as well as the terms and conditions of sale and provision of services.

3. The terms and conditions of sale and provision of services developed by the user shall not interfere with these terms and applicable laws.

4. The price of goods or services must be exact. If perceived as be changed due to any specific circumstances, this must be provided in the advertisement.

6. FEES
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1. The platform is generally free; however it may contain to pay Services. For example, we may set limits on serving ads in certain categories or offer advertising options for ads on the platform.

2. Fees we charge for the use of payable services and payment methods accepted by us are posted on the platform.

3. We reserve the right, in our sole discretion, to change the Acceptable fees and payment methods from time to time and for any reason.

4. Unless expressly provided otherwise in the mandatory rules of the applicable law, fees are non-refundable due to their nature online services.

5. Your payments for services are governed by the billing policy.

7. USER REPRESENTATIONS AND WARRANTY FEATURES
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By using the Service, you represent and warrant that:
1. You have legal capacity and agree to abide by the terms;

2. If you register as a representative of a legal entity, you are authorized by the company to enter into an agreement with us and the platform users;

3. You are over 18;

4. You will or will have provided true, accurate and complete information information in your account;

5. You will update your account information to maintain its truthfulness, accuracy and completeness;

6. You will immediately change the platform access data if you suspect that your account access details were disclosed or likely used by third parties;

7. You will notify the administrator of any unauthorized access. to your account;

8. You will not provide any false or misleading information about your identity or location on your account;

9. You will use the Service in strict compliance with applicable laws, regulations, rules and guidelines;

10. You will not use the Service for any illegal or unauthorized purpose;

11. You will not post advertisements that offer for sale or exchange any prohibited item on the platform.

12. You will not post advertisements on the platform that infringe the rights or interests of third parties, including any intellectual property rights or any other personal or proprietary rights of third parties.

13. You will not post to platform ads that include:
o False, misleading or misleading statements;
o Personal or identifying information about minors or other people without proper consent;
o Pornographic and overtly sexual materials;
o Representations that encourage the illegal or reckless use of weapons and dangerous objects or facilitate the purchase of firearms or ammunition;
o Defamatory, discriminatory, petty, threatening or harassing, inappropriate, unacceptable, vulgar or abusive language;
o Defense of hatred, violence, discrimination, racism, xenophobia, ethnic conflicts;
o Appeals to violence and illegal actions;
o Offers of prostitution or other services that contradict moral or legal norms;
o Services the provision of which is prohibited by applicable law;
o Information of an exclusively promotional nature, without specific product or service offers;
o Counterfeit and imitated products or unauthorized copies. Unauthorized copies also include goods acquired by illegal means, pirated or stolen; and
o Direct or indirect references to any other sites, references or information about sites that compete with the platform;
o You will not use software and take any other actions intended to interfere with the normal functioning of the platform;
o You will not promote or distribute unsolicited commercial emails, chain letters, pyramid schemes through the platform or by any other means to other users of the platform;
o You will not copy, modify or distribute any other User Content without the respective User's consent;
o You will not collect or collect information about Users, including email addresses, telephone numbers, without their consent or otherwise infringing another person's privacy;
o You will not download, store, publish, distribute and provide access to, or otherwise use, worms, viruses, Trojans and other malware;
o You have a nice title for the items offered for sale in your ad; and
o You have the necessary license or are authorized, as required by applicable law, to offer for sale, advertise and distribute the products described in your advertisement.

8. INDEMNITY
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You agree to indemnify and hold the trustee, his successors, subsidiaries, affiliates, related companies, their suppliers, licensors and partners, and officers, directors, employees, agents, and representatives of each of them harmless from any claim or demand, including legal costs and fees, made by any third party due to or arising out of: (i) your use of the platform; (ii) your user content; (iii) your violation of any representation, guarantee, agreement or stipulated obligation in these terms; (iv) your violation of any applicable law, industry standard, regulation, guideline, rule; (v) any transaction performed by you through the platform or your violation of the terms of such transaction. the administrator reserves the right, at its expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate in our defense of these claims.

9.LIMITATION OF LIABILITY
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1. In no event shall we (and our affiliates) be liable to you or any third party for any loss of profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms or your use or inability to use the service, or third-party advertisements, even if we have been advised of the possibility of such damages. Access and use of the service, and third-party ads are at your own risk, and you will be solely responsible for any damage to your computer system or data loss resulting therefrom.

2. Notwithstanding anything to the contrary contained herein, you agree that the administrator's aggregate responsibility for you for any and all claims arising out of the use of the service, Ad content is limited to the smallest of values. you paid, if any, to us during the six (6) month period before the emergence of any cause of action or nzn3000.

10. INTELLECTUAL PROPERTY RIGHT
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1. The information you submit to us as part of your registration, and any data, text, images and other materials you may submit or post on the platform (the "user content") remain your intellectual property, and the administrator does not claim any ownership. copyright or other intellectual property rights in such registration information and user content. Notwithstanding the foregoing, you agree that the administrator may retain copies of all registration information and user content and use such information and user content as reasonably necessary or incidental to the operation of the service and as described in these terms and in the Privacy Policy .

2. You grant the Administrator the non-exclusive, worldwide, transferable, perpetual and irrevocable right to publish, distribute, publicly display and perform User Content in connection with the Service.

3. You agree, and represent and warrant, that your use of the Service, or any part thereof, will not infringe or violate the rights of any other party or violate any contract or legal duty to any other party.

4. Materials on the platform, except those posted by the user, including but not limited to text, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. ("Materials") and trademarks, service marks and logos included therein ("Marks") are owned or licensed by the administrator representing copyright and any other intellectual property rights. Any use of such materials and marks without prior notice from the administrator is not permitted. Notice for Claims of Intellectual Property Infringement and Copyright Infringement

5. If you are an intellectual property rights holder or a person authorized to act on behalf of an intellectual property rights holder and you reasonably believe that the information posted on the platform in any way infringes your intellectual property rights or intellectual property rights of a person, on whose behalf you act, you may provide notice to the administrator requesting the deletion of such material. In this regard, you must ensure that your appeal is legally substantiated and that you act in good faith in accordance with the law.

6. When providing relevant notices of infringement of rights, you must ensure that your request matches the form below and includes the following:
o An appeal must include the physical or electronic signature of a person empowered to act on behalf of a right holder believed to be infringed;
o The objects of intellectual property rights, rights over which they are supposed to have been infringed, must be specified. If there are multiple objects, the entire list of such items must be provided;
o You must specify materials (with an indication of specific url-pages), which are declared to infringe rights or are themselves the subject of infringing;
o You must provide contact information so that the administrator can contact you, eg address, telephone number and email address;
o The signed application refers to your faithful and reasonable belief that these materials are the subject of a claim for infringement of intellectual property rights and are used without the consent of the right holder or its representative, and also that this is not permitted by law;
o Signed request that an intellectual property rights holder releases the administrator from any third party claims related to the administrator's deletion of relevant materials;
o The signed application in relation to the information contained in a notification is accurate, under penalty of perjury, and you are authorized to act on behalf of a holder of the exclusive right, which was allegedly infringed;
o Statutory regulations that you believe have been violated in connection with the use of objectionable content;
o Please indicate in which territory you believe the rights have been infringed;
o Copies of the documents that establish rights to an object of intellectual property right, which is subject to collateral, as well as a document that proves powers to act on behalf of the holder, in attachments to your appeal.

The relevant notification should be sent to info@smek.ng.

11. MISCELLANEOUS PROVISIONS
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1. Except as otherwise provided, if any provision of these terms is held invalid, void or for any reason unenforceable, such provision will be deleted and will not affect the validity and enforceability of the remaining provisions.

2. We may transfer and assign any and all rights and obligations under these terms to any other person in any way, including by novation, and by accepting these terms, you consent to any such transfer or assignment.

3. If we fail to take any action regarding your breach of these terms, we will still be authorized to use our rights and remedies in any other situation where you breach these terms.

4. Under no circumstances will the administrator be liable for any failure to comply with these terms, to the extent that such failure results from factors beyond the reasonable control of the administrator.

12. ITEMS PROHIBITED ON SMEK
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Users must comply with all applicable laws, the Terms of Use and all published Platform rules and policies. Here is a non-exhaustive list of products and services that are prohibited from promoting on Smek:

Narcotics, steroids and any drugs or medications that require a prescription from a licensed medical specialist
Weapons
Military / Police Restricted Items
Human Organs
Illegal / Pirated Copies
Stolen Property
Code Capture and Burglary Devices
Electronic Equipment Prohibited by Law
Sexual Orientation Services
Loans, Money Transactions, Bitcoin
Multilevel Marketing, Pyramid and Matrix Programs
Jobs in Network Marketing and "Home Business"
Products (goods or services) prohibited from selling by law, in particular:

13. MISCELLANEOUS PROVISIONS
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1. Unless otherwise specified, if any provision of these terms is held invalid, void or for any reason unenforceable, that provision will be deleted and will not affect the validity and enforceability of the remaining provisions.

2. We may transfer and assign any and all rights and obligations under these terms to any other person in any way, including by novation, and by accepting these terms, you consent to any such transfer or assignment.

3. If we do not take any action regarding your breach of these terms, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.

4. Under no circumstances will the administrator be liable for any failure to comply with these terms, to the extent that such failure results from factors beyond the reasonable control of the administrator.

14. CONTACT
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If you wish to send any notice under these terms or have any questions about the service, you can contact us at: info@smek.ng. Last updated: 22 October 2025