Ahoy! Welcome to Petro.
Petro facillitates petroleum retail through smart payment solutions and ecommerce applications through petrostations.com website and petro mobile apps for ios and android devices. Petro is a property of Yene Technology Limited, a company duly registered with RC Number 1712807. Yene Technology Limited is a legal entity in Nigeria, that provides computing technology services through its different platforms.
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GENERAL TERMS AND CONDITIONS OF USE OF STORE FOR MERCHANTS AND CUSTOMERS
These Terms and Conditions set forth the main terms and conditions governing the use of Petro Services. In order to provide or acquire Petroleum e-commerce Services via using the Petro Platform you must agree to the terms and conditions that are set forth below.
1 DEFINITIONS
1.1 Petro (also referred to as “we”, “our”, “us”) shall mean Yene Technology Limited, a private limited liability company incorporated and registered under the laws of Nigeria with head office at 18M Ewet Housing Estate, Uyo, Akwa Ibom State.
1.2 Petro App (also referred to as “Software”) shall mean a smartphone application for Merchants and Customers to request, receive and complete digital transactions for petroleum products.
1.3 Petro channel shall mean a technology connecting Customers to Merchants to help them access petroleum products at their convenience.
1.4 Petro Fee shall mean the fee that Merchant is obliged to pay to Petro for using the Petro Channel.
1.5 Pero Merchant Account shall mean access to a Store containing information and documents regarding the use of the Petro Services while providing Petroleum E-Commerce Services, including accounting documentation. Merchant may access the Petro Merchant Account at https://merchant.petrostations.com by entering email and password.
1.6 Petro Services shall mean the services that Petro provides includes provision and maintenance of Petro Store, In-app payment, customer support, communication between the Merchant and Customer and other similar services.
1.7 Petro Store (also referred to as “our Store”) shall mean Petro’s mobile application or Store (www.petrostations.com ) required for use of the Petro Service, as may be updated by Petro from time to time.
1.8 Agreement shall mean contract between Petro and the Merchant.
1.9 Customer shall mean any person who requests for petroleum products by using the Petro Channel.
1.10 Charge shall mean the amount a Customer is obliged to pay Merchant for the provision of the petroleum e-commerce services.
1.11 Dashboard shall mean a browser-based online dashboard for Merchants.
1.12 In-app Payment shall mean the cards, carrier billing and other payment methods the Customer uses via the Petro Store to pay for the Petroleum E-commerce Services.
1.13 Intellectual Property shall mean the rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered anywhere in the world.
1.14 Merchant (also referred to as “you”) shall mean any legal or natural person authorized to use Petro channel in connection to the provision of petroleum e-commerce services.
1.15 Petroleum e-commerce services shall mean petrol product order or delivery service a Merchant provides to a Customer whose request Merchant has accepted through the Petro Store.
1.16 Petroleum Products shall mean the products that Petro provides including petrol, diesel, cooking gas, and other similar products.
1.17 our Store shall mean consists of the Petro website (www.petrostations.com) and mobile application.
1.18 These Terms shall mean this agreement between User and Petro regarding the use of Petro Services which consists of:
1.18.1 These General Terms;
1.18.2 Special terms displayed in Petro Store;
1.18.3 Our guidelines;
1.18.4 Policies or rules;
1.18.5 Other terms referred to in these Terms as may be amended from time to time.
1.19 Tip shall mean a gratuity offered by the buyer at their sole discretion in addition to the Charge paid.
1.20 Unwanted Submissions shall mean any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable.
1.21 User shall mean both Merchants and Customers.
1.22 You shall mean any natural or legal person who has agreed to become a member of our Store by providing Registration Data while registering on the Store as a Registered User.
2 USER FOCUS
2.1 Petro operates an e-commerce platform consisting of a website and mobile application, together with supporting logistics and a payment infrastructure, for the sale and purchase of petroleum products.
2.2 By using our Store or signing up for an account, you agree to be bound by Petro Terms and Conditions (the "Terms") entered into between you and the company as identified within the sign-up page; as well as our guidelines, policies and rules as shall be updated from time to times.
2.3 These Terms, our guidelines, policies, as well as rules shall govern your use of our Store, related services and tools which you may download from the ios application store or android app store.
2.4 These Terms shall apply to the Customers and Merchants on our Store upon signing up and uploading the necessary documentation as we shall require from you.
2.5 You shall read these Terms carefully before using our Store.
2.6 If you do not agree with or accept any of these Terms, you should stop using our Store immediately.
2.7 If you use our Store in the course of a business or other organizational project, then by so doing you:
2.7.1 confirm that you have obtained the necessary authority to agree to these general terms and conditions; and
2.7.2 bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and
2.7.3 agree that “you” in this general terms and conditions shall also reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.
2.8 When you use any of the services provided by Petro including but not limited to, (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms.
3 USER ELIGIBILITY
3.1 You must neither register with our Store nor transact on our Store if you are under 18 years of age.
3.2 You must not register with our Store nor transact on our Store if you are suffering from any legal disability.
4 ACCOUNT REGISTRATION
4.1 You may register with our Store by completing the application on the sign-up page of our Store.
4.2 You may sign up either as a legal or natural person. Where you sign up as a legal person, you must submit a copy of your certificate of incorporation for proper identification.
4.3 Upon a successful application update, we will provide you with a personal account accessible via your email and password; and you represent and warrant that:
4.3.1 you are not subject to any legal disability under the Nigerian Law;
4.3.2 you are entitled to enter into an agreement with us to use the Petro Channel for providing Petroleum E-Commerce Services;
4.3.3 You have obtained all necessary registrations, licenses and permits to undertake Petroleum E-commerce Services;
4.3.4 all the information you have presented to us is accurate, correct and complete;
4.3.5 you have carefully read, understood and agree to be bound by these Terms, including all obligations that arise as provided herein and from these Terms.
4.3.6 you will keep your account accurate and profile information updated at all times.
4.4 You agree that if you provide any information that is untrue, inaccurate, not current or incomplete, Petro has the right to indefinitely suspend, or terminate, or block access of your membership with our Store and refuse to provide you with access to our Store.
4.5 You agree that where Petro has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, Petro has the right to indefinitely suspend or terminate or block access of your membership with our Store and refuse to provide you with access to our Store.
5 ACCOUNT OBLIGATIONS
5.1 You agree that you are solely responsible for:
5.1.1 all costs and expenses you may incur in relation to your use of our Store;
5.1.2 ensuring that all use of your account complies with these Terms;
5.1.3 all activities that occur under your User ID and Password
5.1.4 maintaining the confidentiality of your User ID and Password; and any activity on our Store arising out of any failure to keep your password confidential.
5.2 You agree to notify us in writing immediately via e-mail support@petrostations.com if you become aware of any disclosure of your password.
5.3 You shall be held liable for any losses arising out of failure to keep your account details confidential.
5.4 You shall use our Store strictly for authorized and lawful purposes only and shall not impair the proper operations of the Petro Services.
5.5 You shall always comply with all laws and regulations applicable in the state you are providing Petroleum E-Commerce Services in, including (but not limited to) laws regulating Petroleum sales and delivery.
5.6 The right to use our Store is personal and is not transferrable to any other person or entity. You will not authorise other persons to use your account nor transfer or assign it to another person.
5.7 Our Store is intended for use only by those who can access it from within Nigeria. If you choose to access the Site from locations outside Nigeria, you are responsible for compliance with local laws where they are applicable.
5.8 We seek to make our Store as accessible as possible. If you have any difficulties using our store, please contact us for a response within 24 hours at support@petrostations.com
5.9 We may prevent or suspend your access to our Store if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
5.10 You may contact us to cancel your account via email support@petrostations.com
6 USE OF PETRO STORE
6.1 You agree that these Terms shall govern your use of our Store.
6.2 You may:
6.2.1 view pages from our Store in a web browser or via the Petro App; or
6.2.2 use our Store services by means of a web browser or via the Petro App
6.3 You must not download any material from our Store or save any such material to your computer.
6.4 You may only use our Store for your own personal and business purposes in respect of selling or purchasing products on our Store.
6.5 Unless you own or control the relevant rights in the material, you must not:
6.5.1 republish material from our store;
6.5.2 sell, rent or sub-license material from our store;
6.5.3 show any material from our Store in public;
6.5.4 exploit material from our Store for a commercial purpose;
6.5.5 print pages from our store.
6.5.6 distribute material from our store.
6.6 Notwithstanding section 6.5, you may forward links to products on our Store and redistribute our newsletter and promotional materials in print and electronic form to any person.
6.7 You must not:
6.7.1 Use any device, software or routine to interfere or attempt to interfere with the proper working of our Store or any transaction being conducted on our Store, or with any other person’s use of our Store.
6.7.2 decompile, reverse engineer, or otherwise attempt to obtain the source code of the Petro Store (including the app and website) or other software of Petro
6.7.3 modify the Petro App in any manner or form
6.7.4 use modified versions of the Petro App
6.7.5 use our Store in any way or take any action that causes, or may cause, damage to the Store or impairment of the performance, availability, accessibility, integrity or security of our Store;
6.7.6 use our Store in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
6.7.7 Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our Store.
6.7.8 hack or otherwise tamper with our Store;
6.7.9 probe, scan or test the vulnerability of our Store or any network connected to our Store;
6.7.10 Circumvent or breach any authentication measures or security systems or processes on our Store or any network connected to our Store.
6.7.11 use our Store to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
6.7.12 take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Store’s systems, resources or any systems or networks connected to our Store.
6.7.13 decrypt or decipher any communications sent by or to our Store without our permission;
6.7.14 conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Store without our express written consent;
6.7.15 use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of our Store or any Content.
6.7.16 reproduce or circumvent the navigational structure or presentation of our Store or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through our Store. Petro reserves the right to bar any such activity.
6.7.17 circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Store.
6.7.18 use data collected from our Store for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
6.7.19 attempt to gain unauthorized access to any portion or feature of our Store, or any other systems or networks connected to our Store or to any Petro server, computer, network, or to any of the services offered on or through our Store, by hacking, password “mining” or any other illegitimate means.
6.8 We reserve the right to suspend or restrict access to our Store, to areas of our Store and/or to functionality upon our Store. We may, for example, suspend access to our Store during server maintenance or when we update our Store.
6.9 Petro shall have the right at any time to change or discontinue any aspect or feature of the Store, including but not limited to, content, hours of availability, and equipment needed for access or use.
7 SOFTWARE (Petro App)
7.1 Software may be made available for you to download in order to help our Store work better. You may only use the Software if you agree to be bound by the terms and conditions that apply to the Software.
7.2 You will be made aware of any terms and conditions that apply to the Software when you try to download the Software. If you do not accept such terms and conditions, you will not be allowed to download the software.
7.3 You should read any terms and conditions carefully to protect your own interests.
7.4 All such software is solely for your personal use and you shall not commercialize the Software.
7.5 Using the software in an unlawful way, such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it, is expressly prohibited and may result in civil and criminal penalties.
8 TERMS AND CONDITIONS OF SALE
8.1 You acknowledge and agree that:
8.1.1 Our store provides a channel for merchants to sell and customers to purchase petroleum products;
8.1.2 Petro is not a party to the transaction between the merchant and the customer; and
8.1.3 a contract for the sale and purchase of a product or products will come into force between the merchant and customer, upon the customer’s confirmation of the order via our Store.
8.2 Subject to these general terms and conditions, the merchant’s terms of business shall govern the contract for sale and purchase between the Customer and Merchant. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the Customer and Merchant:
8.2.1 the Merchant shall fix the product price on our store subject to review from time to time;
8.2.2 the price for the product must include all taxes and comply with applicable laws in force from time to time;
8.2.3 the Merchant shall be solely responsible for ensuring that the products are of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product subscription and any other description of the products supplied or made available on our store;
8.2.4 the Merchant shall bear sole liability for quality assurance in direct dealings with customers outside our delivery interface; and
8.2.5 the Merchant warrants that the Merchant has good title to the product the Merchant subscribes to provide on our Store, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third-party rights or restrictions.
9 PETRO WALLET
9.1 Upon execution of this Agreement, we will grant you access to a Petro Wallet feature on our Store, that will enable you to provide User Billing for services provided.
9.2 You agree to provide and maintain under this agreement one or more valid User credit card numbers (the "User Card") that may be charged for Customer Billing as set forth in our billing agreement.
10 RETURNS AND REFUNDS
10.1 Returns of products by customers and acceptance of returned products by Merchants shall be governed by the Petro return and refund policy.
10.2 Changes to our return policy shall be effective in respect of all purchases made from the date of publication of the change on our Store.
11 REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
11.1 Subject to this section 11.3, you may post reviews, feedback, comments, and other content; send and submit suggestions, ideas, comments, questions, or other information on our Store.
11.2 The review function on our Store may be used to facilitate customer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.
11.3 Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete and truthful.
11.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet, and must not:
11.4.1 be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights); or
11.4.2 be otherwise injurious to third parties or objectionable; or
11.4.3 consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages; or
11.4.4 be blasphemous, in breach of racial or religious hatred or discrimination legislation; or
11.4.5 be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
11.4.6 cause annoyance, inconvenience or needless anxiety to any person; or
11.4.7 constitute spam.
11.4.8 Your content must not be illegal or unlawful, infringe any person's legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:
(a) any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
(b) any right of confidence, right of privacy or right under data protection legislation;
(c) any contractual obligation owed to any person; or
(d) any court order.
11.4.9 You must not use our Store to link to any website or web page consisting of or containing material that would, were it posted on our store, breach the provisions of these general terms and conditions.
11.4.10 You must not submit to our Store any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
11.4.11 You must not interfere with a transaction by:
(a) contacting another user to buy or sell an item listed on our Store outside of our Store; or
(b) communicating with a user involved in an active or completed transaction to warn them away from a particular Merchant, Customer or item; or
(c) contacting another user with the intent to collect any payments
11.4.12 You acknowledge that all users of our Store are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.
11.4.13 We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.
11.5 You shall not share any information that:
(a) belongs to another person and to which You do not have any right.
(b) harasses or advocates harassment of another person;
(c) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(d) provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
11.6 You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Petro reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
11.7 If you learn of any unlawful material or activity on our Store or any material or activity that breaches these general terms and conditions, you may inform us by contacting us via support@petrostations.com
12 OUR RIGHTS TO USE YOUR CONTENT
12.1 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual and fully sublicensable right to use, reproduce, modify, store, adapt, publish, translate, create derivative works from, display and distribute your content throughout the world via our marketing channels and any existing or future media.
12.2 You grant us and sublicensees the right to use the name that you submit in connection with such content, if we choose.
12.3 You grant to us the right to bring an action for infringement of the rights licensed under section 12.1.
12.4 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
12.5 You represent and warrant that;
12.5.1 you own or otherwise control all of the rights to the content that you post; and
12.5.2 the content you supply will not cause injury to any person or entity; and
12.5.3 you will indemnify Petro for all claims resulting from content you supply.
12.6 Petro takes no responsibility and assumes no liability for any content posted by you or any third party.
12.7 Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of your content.
13 OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
13.1 Our Store and all intellectual property rights in it including but not limited to any Content are owned by us.
13.2 We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
13.3 Nothing in these Terms grants you any legal rights in our Store other than as necessary to enable you to access our Store.
13.4 You agree not to adjust to try to circumvent or delete any notices contained on our store, including any intellectual property notices and in particular in any digital rights or other security technology embedded or contained within our Store.
13.5 Petro’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
13.6 The third party registered and unregistered trademarks or service marks on our Store are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights
14 DATA PRIVACY
14.1 Customers agree to processing of their personal data in accordance with the terms of Petro’s privacy policy.
14.2 Petro shall process all personal data obtained through our Store and related services in accordance with the terms of our Privacy Policy.
14.3 Merchants shall be directly responsible to Customers for any misuse of their personal data and Petro shall bear no liability to Customers in respect of any misuse by Merchants of their personal data.
15 DUE DILIGENCE AND AUDIT RIGHTS
15.1 We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of our Store.
15.2 You agree to provide to us all such information, documentation and access to your business premises as we may require:
15.2.1 in order to verify your adherence to, and performance of, your obligations under this Agreement;
15.2.2 for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
15.2.3 as otherwise required by law or applicable regulation.
16 PETRO’S ROLE AS A STORE
16.1 You acknowledge that:
16.1.1 we do not confirm the identity of all store users, check their credit worthiness or bona fides, or otherwise vet them;
16.1.2 we are not party to any contract for the sale or purchase of products advertised on our Store;
16.1.3 we are not involved in any transaction between a Merchant and Customer in any way, save that we facilitate a store for Merchants and Customers and process payments on behalf of Merchants
16.1.4 we are not the agents for any Merchant and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our Store;
16.1.5 furthermore, we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.
17 ACCURACY OF INFORMATION AND AVAILABILITY OF OUR STORE
17.1 While we try to make sure that our Store is accurate, up-to-date and free from bugs, we do not warrant or represent:
17.1.1 the completeness or accuracy of the information published on our store;
17.1.2 that the material on our Store is up to date;
17.1.3 that our Store is free from bugs;
17.1.4 that our Store is fit or suitable for any purpose
17.1.5 that our Store will operate without fault; or
17.1.6 that our Store or any service on our Store will remain available.
17.2 Any reliance that you may place on the information on our Store is at your own risk.
17.3 We may suspend or terminate operation of our Store at any time as we see fit upon a 14-days notice to you.
17.4 Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other Stores that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
17.5 While we try to make sure that our Store is available for your use, we do not promise that our Store is available at all times nor do we promise your uninterrupted use of our Store.
17.6 We reserve the right to discontinue or alter any or all of our Store services, and to stop publishing our Store, at any time in our sole discretion with a 14-days prior notice.
17.7 We do not guarantee any commercial results concerning the use of our Store.
17.8 To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our Store and the use of our Store.
18 SUBMITTING INFORMATION TO OUR STORE
18.1 While we try to make sure that our Store is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.
18.2 For that reason, you should not make any unwanted submissions.
18.3 While we value your feedback, you agree not to submit any Unwanted Submissions.
18.4 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor our Store to check for these matters).
18.5 Therefore, we shall not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
19 LIMITATIONS AND EXCLUSIONS OF LIABILITY
19.1 Nothing in these general terms and conditions will:
19.1.1 limit any liabilities in any way that is not permitted under applicable law; or
19.1.2 exclude any liabilities or statutory rights that may not be excluded under applicable law.
19.2 The limitations and exclusions of liability set out in this section 19 and elsewhere in these Terms:
19.2.1 are subject to section 19.1; and
19.2.2 govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms.
19.3 In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.
19.4 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
19.4.1 losses that:
(a) were not foreseeable to you and us when these Terms were formed; or
(b) that were not caused by any breach on our part;
(c) business losses including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill; and
(d) losses to non-consumers.
(e) any loss or corruption of any data, database or software; or
(f) any special, indirect or consequential loss or damage.
(g) any losses occasioned by any interruption or dysfunction to the Store;
19.5 Our aggregate liability to you in respect of any contract to provide services to you under these Terms shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on our Store shall constitute a separate contract for the purpose of this section 19.5.
19.6 We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our Store or these Terms (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
19.7 Our Stores includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
20 EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, compliance with the government request, lock-outs, civil or military disturbances, or other industrial disputes; breakdown of systems or network access; loss or malfunctioning of utilities; or flood, fire, explosion or accident.
21 INDEMNIFICATION
21.1 You hereby indemnify us, and undertake to keep us indemnified, against:
21.1.1 any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our Store or any breach by you of any provision of these general terms and conditions; and
21.1.2 any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our Store, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.
22 BREACHES OF THESE GENERAL TERMS AND CONDITIONS
22.1 If we permit the registration of an account on our Store it will remain open indefinitely, subject to these Terms.
22.2 If you breach these general terms and conditions, or if we reasonably suspect that you have breached these Terms in any way, we may:
22.2.1 temporarily suspend your access to our Store
22.2.2 permanently prohibit you from accessing our Store;
22.2.3 block computers using your IP address from accessing our Store
22.2.4 contact any or all of your internet service providers and request that they block your access to our Store;
22.2.5 suspend or delete your account on our Store; and/or
22.2.6 commence legal action against you, whether for breach of contract or otherwise.
22.3 Where we suspend, prohibit or block your access to our store or a part of our store you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
23 VARIATION
23.1 Petro reserves the right to change or update these Terms applicable to Merchant’s use of our Store, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use.
23.2 The Terms changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on our Store, or by e-mail or display on our Store.
23.3 You shall be responsible for checking these Terms from time to time to verify the variations.
23.4 Your continued use of the Store following such changes shall be deemed to constitute your agreement to be bound by such changes, modifications, additions or deletions made on our store.
24 SEVERABILITY
24.1 If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
24.2 If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
25 THIRD PARTY RIGHTS
25.1 A contract under these general terms and conditions is solely for our benefit and your benefit.
25.2 No one other than a party to these Terms has any right to enforce any of these Terms.
25.3 The exercise of the parties' rights under a contract under these general terms and conditions is not subject to the consent of any third party
26 GOVERNING LAW
26.1 These general terms and conditions shall be governed by and construed in accordance with the laws of Nigeria.
27 DISPUTE RESOLUTION
27.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible.
27.2 You covenant that concerning any dispute relating in any way to your use of any Petro Service, you shall not commence or maintain any suit against us whether at law or in equity, but you shall use all reasonable endeavours to settle any dispute or difference of opinion, arising from or in connection with this Agreement amicably through mutual discussion.
27.3 If the dispute cannot be resolved by mutual discussions within a period of fourteen (14) days from the date of notice, such dispute or claim will be resolved by binding arbitration, rather than in court. And the decision by the arbitrator shall be final.
27.4 You shall provide your arbitrator at your own cost. Your arbitrator and our own arbitrator shall agree on a neutral arbitrator whose decision will be final.
27.5 The fee for the Neutral arbitrator shall be shared equally.
27.6 The Arbitration shall be carried out in accordance with the provisions of the Arbitration and Conciliation Act Cap A18 Laws of the Federation 2004 or any amendment or re-enactment thereof.
27.7 The Arbitration shall take place in Akwa Ibom, Nigeria and be conducted in English Language.
28 CONTACT
If you have any questions about our store, please contact us through our app or email support@petrostations.com (Our support team shall respond to your e-mails shall within 72 hours of receipt on Monday to Friday: 8:00am to 4:00pm)
SELLER/MERCHANT TERMS AND CONDITIONS
1 INTRODUCTION
1.1 Petro is an online technology platform offered through the URL, www.petrostations.com and a mobile application (our Store) that establishes a network between petroleum merchants and customers. Our services enable an interaction between Merchant and Customer in order to facilitate orders and payments. Petro features as a private limited liability company whose legal name is Yene Technology Limited, a private limited liability company incorporated and registered under the laws of Nigeria with head office at 18M Ewet Housing Estate, Uyo, Akwa Ibom State. Capitalized terms used herein shall have the meaning ascribed to them in this Petro Merchant Agreement (Agreement).
1.2 Yene Technology Limited (“Petro”) operates an e-commerce platform consisting of a website and mobile application (“our Store”), together with supporting logistics and a payment infrastructure, for the sale and purchase of petroleum products.
1.3 This Petro Merchant Agreement shall apply to Merchants on our Store, together with our general terms and conditions, Billing agreement; as well as our policies on the use of our Store and other agreement as Petro shall provide from time to time.
1.4 By using our Store or signing up for an account, you agree to be bound by the Petro Merchant Agreement (this “Agreement") as well as the general terms and conditions (including but not limited to other guidelines we shall issue from time to time) entered into between you and Petro as identified within the sign-up page.
1.5 This Agreement governs your use of our Store, related services and tools which you may download from the iOS application store or android application store.
1.6 You shall read this Agreement carefully before using our Store.
1.7 If you do not agree with or accept any of this Agreement, you should stop using our Store immediately.
1.8 When you use any of the services provided by Petro including but not limited to, (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Agreement and shall be considered as part and parcel of this Agreement.
1.9 You may not register with our store as a Merchant, if you are an employee of Petro or a family member of an employee of Petro, unless Petro has approved the registration pursuant to its conflict-of-interest procedures.
2 ADDITIONAL INFORMATION ON REGISTRATION
2.1 Where you sign up as a natural or legal person, you must submit the documents as shall be listed on our registration page.
2.2 You are considered to be a legal person, if you operate as a company, registered limited liability partnership or any other form of registered business entity.
2.3 In such case, the indicated legal person is considered to be the provider of Petroleum E-commerce Services and a party to this Agreement and any further agreements.
2.4 Merchant sign-up requests that are submitted may be reviewed for approval, at Petro’s discretion, before they are operational.
2.5 You shall be solely responsible for your store, listings and products and you hereby agree that:
2.5.1 you shall obtain any licences required for sale of your products on our Store; and
2.5.2 to the extent required by applicable law, you shall register with relevant tax authorities and pay all relevant taxes in relation to your product sales.
2.6 You shall conduct your business on our Store:
2.6.1 with skill and care, and by co-operating with and acting in good faith towards Petro and the Customers;
2.6.2 in compliance with this Agreement, together with our general terms and conditions, Billing agreement, our policies on the use of our Store as well as other guidelines as Petro shall provide from time to time.
2.6.3 in accordance with ethical business practices and industry best practice; and
2.6.4 in compliance with all applicable laws in force within area of operations from time to time.
2.7 Without prejudice to our other rights, we reserve the right to reject, unpublish and/or delete any Merchant Account that breaches this Merchant Agreement, our general terms and conditions, Billing agreement, our policies on the use of our Store, as well as other guidelines as Petro shall provide from time to time.
3 PAYMENT DETAILS
3.1 You are obliged to provide your bank requisites in course of filling the payment details upon registration.
3.2 In case you are a legal person, you must insert the bank account of the company.
3.3 You shall be entirely responsible for ensuring that the account details that you upload to the Merchant are accurate and up to date, and that the account is secure. We shall not be liable for any loss or damage to you that may result from fraud or error in respect of your account.
3.4 We shall not be liable for any incorrect money transactions in event where you provide wrong bank requisites.
4 SERVICE DELIVERY
4.1 We will use reasonable diligence in rendering Petro services offered to the Merchant, which include the following:
4.1.1 Online storefront tailored to you with payment gateway on our Store
4.1.2 Access to logistics partners;
4.1.3 Provision of analytics;
4.1.4 Merchant Services Helpline Number (Mon – Fri; 08:00am – 4:00pm)
4.2 We may at our sole discretion add or remove any of Petro services from the above list from time to time with a 14-days’ notice; and some of the new Petro services may attract separate charges, in which case you will be informed before provision of the said services.
4.3 We reserve the right to alter or vary the available Petro Services, the nature of Petro services and any charges at our sole discretion upon a 14-days’ notice.
4.4 You agree to use reasonable diligence in providing us with genuine products, up-to-date product quantity information and accurate product information.
5 MERCHANT USE OF OUR STORE
5.1 You represent and warrant that:
5.1.1 all product descriptions are true, accurate and non-misleading.
5.1.2 the products you sell are not fraudulently obtained
5.1.3 you are not involved in the sale of counterfeit or stolen items.
5.1.4 you do not infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
5.1.5 you are in compliance with governing laws, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, consumer protection, unfair competition, anti-discrimination or false advertising).
5.1.6 your product or your product description is not defamatory, trade libellous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities.
5.1.7 you shall not sublease your account to anyone including third parties or give access anyone (including third parties) access to your account.
5.1.8 you shall not incur liability for us or expose us to undue risk or otherwise engage in activities that we, in our sole discretion, determine to be harmful to our affiliates, operations, reputation, or goodwill.
5.1.9 You must not conduct activities such as gambling, sweepstakes, raffles and lotteries via our Store.
5.2 We operate a zero-tolerance approach to counterfeit products and any attempt to sell counterfeit products on our Store, a breach of this section will result in penalties including financial penalties, permanently prohibiting you from using our Store, and potentially in prosecution.
5.3 Promptly, following receipt of a written request from us, you must supply to us any information and documentation that we may reasonably request in order to verify the authenticity of products.
5.4 We will in appropriate circumstances and at our sole discretion, disable and/or terminate the accounts of Merchants who are in breach of Section 5.1.
5.5 We are compliant with all the Money Laundering Regulations and all Money Laundering activities are prohibited.
6 PRICING
6.1 All prices of products shall be stated inclusive of VAT and any other tax applicable to the transaction and in the Nigerian currency.
6.2 You shall be solely responsible for setting the price of your products on the Petro Channel, which may be amended through your dashboard from time to time, including for the purpose of any seasonal or other discounts.
6.3 The pricing of your products shall comply with all applicable laws, including competition laws.
7 SUBSCRIPTION FEE
7.1 We shall charge you a fee in respect of all Petro Services and any value-added services that we provide to you on our Store. Such Charge shall include but not limited to a monthly subscription fee of N50 billed on each Merchant Account.
7.2 You shall have a minimum balance of N………. only in your Petro Wallet at all times upon registration with us.
7.3 In case of promotion funded by Petro, commission may be calculated based on the selling price, being the price set by the Merchant at the time of the order.
7.4 We reserve the right to charge fees in the event that a sale is not completed, by way of consideration for the costs of our services rendered.
7.5 We reserve the right to vary fees from time to time, on prior notice to you; or impose other payment structures as we deem fit including (but not limited to) payment for our value-added services. This will not affect any liability to pay fees that accrues before the new rates are posted or for services that have been previously paid.
7.6 Where there are changes to the subscription fee schedule, we will notify you via e-mail or display on our store.
8 REMITTANCES
8.1 All payments that Customers make in respect of your products shall be received via our Store in-app payment feature.
8.2 We will remit the selling price on your products to your Petro Wallet as soon as your products have been delivered upon completion of sale.
8.3 We reserve the right to deduct your outstanding debt with us from your Petro Wallet; and where your Petro Wallet is empty, such deductions shall be made from your designated account.
8.4 Upon your request, we shall transfer amounts in your Petro Wallet to the bank account that you provide on the registration page.
8.5 We may delay or suspend payment to you in the event of investigation of a potential fraud or other breach of this Agreement.
8.6 In the event that you dispute any transaction, you must lodge your claim on the Petro Support mail within three (3) months of the date of the relevant transaction, failing which such claim shall be deemed to be waived.
9 VALUE ADDED SERVICES
9.1 You may subscribe through the Merchant dashboard for value added services which may be available from time to time, including but not limited to marketing and promotional services.
9.2 In order to subscribe for any value-added services, you may be required to expressly agree to additional terms and conditions in respect of the same. All value-added services shall be governed by any such additional terms and conditions, together with this Agreement, the general terms and conditions, and the Petro codes, policies and guidelines referenced herein.
9.3 Our liability to you in respect of the value-added services shall be subject to the limitations and exclusions on liability provided in the general terms and conditions.
10 YOUR PRIVACY AND PERSONAL INFORMATION
10.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
11 CONFIDENTIALITY
11.1 You agree that you shall keep all information and documents related to the development of Petro Services as well as business conduct (“Confidential Information”) in confidence, unless it is already in the public domain.
11.2 You shall not at any time during or after the terms of this Agreement, without our prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the “Confidential Information”.
11.3 You shall not use our confidential information for any purpose other than to perform your obligations under this Agreement.
11.4 You shall not send promotional communications to Customers on our Store without the prior written consent of Petro.
11.5 You shall be directly responsible to Customers on our Store for the misuse of their personal data.
11.6 If Petro is sued, fined, or otherwise incurs expenses as a result of the Merchant’s handling of personal data obtained through our Store, the Merchant shall indemnify Petro in respect of the same.
12 INDEPENDENT CONTRACTOR
12.1 We shall be fully responsible for payment of our own income taxes on all compensation earned under this Agreement.
12.2 You shall not withhold or pay any income tax, social security tax, or any other payroll taxes on our behalf.
12.3 We are not responsible for remitting or paying VAT (Value Added Taxes) or any other taxes on behalf of you.
13 INSURANCE
13.1 You shall maintain in force a policy of insurance with an appropriate level of coverage in respect of your liabilities under this Agreement.
14 INDEMNIFICATION
14.1 You agree to indemnify and hold us, our Partners, employees, officers and associates harmless from any and all claims brought in the performance of Petro Services.
14.2 You shall indemnify and hold us harmless in respect of any action that may be taken against us, or any claims that may be brought against us, for whatever reason and of whatever nature (including, but not limited to) breach of law, regulation and/or any of the obligations and warranties by any third party in respect of the Contents and/or Petro Services and/or any and all activities related and connected to the Contents and/or the Services, irrespective of any direct liability of the Merchant (“Third Party Claim”).
14.3 You agree to indemnify, defend and hold us harmless against and from any third-party claims (including reasonable legal or arbitration costs) arising from:
14.3.1 Any breach or default on your part of any obligations
14.3.2 Your negligent act or omission; or
14.3.3 Wilful violation of the law, wrong description and price of products advertised; or
14.3.4 Any offence you commit;
14.3.5 Provision of fake, inferior or substandard products that have been sold as genuine;
14.3.6 Subscribing to and selling products that have not been authorized for sale by the appropriate regulatory body; or
14.3.7 Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading.
15 ENTIRE AGREEMENT
15.1 This Agreement is subject to the general terms and conditions and shall be governed by and construed in accordance with laws within the Nigerian Jurisdiction.
15.2 This Agreement, the general terms and conditions, and the Petro policies and guidelines shall constitute the entire agreement between you and us in relation to your use of our Store and shall supersede all previous agreements between you and us in relation to your use of our Store.
16 SET OFF
16.1 You authorise us to set-off by any means the whole or any part of your liabilities to us or our Customers under this Agreement (or any other contract with us) against any funds or goods credited to or owing to you under this Agreement (or any other contract with us).
16.2 We may exercise this right of set-off at any time, without notice to the you, whether either liability is present or future, cash or assets, and whether or not either liability arises under this Agreement.
16.3 If the liabilities to be set off are expressed in different currencies or forms, we may convert either liability at a market rate of exchange for the purpose of set-off.
16.4 In the event such set-off does not fully reimburse us for the amount owed, you shall immediately pay us such outstanding amount.
16.5 You shall hold harmless any financial institution that follows our request pursuant to this clause. Any exercise of our right under this provision is without prejudice and in addition to any rights or remedies available to us under this Agreement or otherwise.
17 TERMINATION OF AGREEMENT
17.1 Either Party shall have the right to terminate this Agreement for cause immediately and without notice in the event of a breach of the obligation under this Agreement by the other Party.
17.2 We have the right to evict you from our Store if any, or a combination, of the following breaches are committed:
17.2.1 Fails to make a product that has been sold on our Store available for delivery in time;
17.2.2 Provides fake, inferior or substandard products that have been sold as genuine;
17.2.3 Provides used, refurbished or damaged products that has been sold as new or unused;
17.2.4 Subscribes to and sells products that have not been authorized for sale by the appropriate regulatory body;
17.2.5 Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading;
17.2.6 Engages in any activity that brings us, or any of our partners or other Merchants into disrepute.
17.2.7 fail to satisfy a minimum level of operational performance in order to provide a satisfactory customer experience on the Petro Channel.
17.3 If we reasonably determine that you have breached this Agreement, Petro policies or guidelines, we may:
17.3.1 send you one or more formal warnings;
17.3.2 suspend, prohibit or block your access to our Store as provided in the general terms and conditions;
17.3.3 commence legal action against you, whether for breach of contract or otherwise.
18 FORCE MAJEURE
18.1 You agree that you shall not attach any liability on us for any inability to carry out any obligations under this Agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lock outs, war, flood, insurrection and other acts of God.
19 COPYRIGHT AND INFRINGEMENT TRADEMARK
19.1 We respect all copyright and trademarks of others. As a Merchant on our website, you must in turn respect these rights.
19.2 Petro will immediately terminate or suspend a Merchant who infringes another’s trademark or copyright.
20 GOVERNING LAW AND DISPUTE RESOLUTION
20.1 You covenant that concerning any dispute relating in any way to your use of any Petro Service, you shall not commence or maintain any suit against us whether at law or in equity, but you shall use all reasonable endeavours to settle any dispute or difference of opinion, arising from or in connection with this Agreement amicably through mutual discussion.
20.2 If the dispute cannot be resolved by mutual discussions within a period of fourteen (14) days from the date of notice, such dispute or claim will be resolved by binding arbitration, rather than in court. And the decision by the arbitrator shall be final.
20.3 You shall provide your arbitrator at your own cost. Your arbitrator and our own arbitrator shall agree on a neutral arbitrator whose decision will be final.
20.4 The fee for the Neutral arbitrator shall be shared equally.
20.5 The Arbitration shall be carried out in accordance with the provisions of the Arbitration and Conciliation Act Cap A18 Laws of the Federation 2004 or any amendment or re-enactment thereof.
20.6 The Arbitration shall take place in Akwa Ibom, Nigeria and be conducted in English Language.
