Terms and Conditions
ANY PERSON OR ENTITY (“User” or “You“) USING OR OTHERWISE ACCESSING THE SITE AT www.kadaland.com OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS USER AGREEMENT
The usage of Kadaland.com is bound by the terms and conditions set by Kadaland Nigeria. Failure to comply with any of the stipulated terms in this agreement may result in the suspension or termination of your account, and in some instances legal actions if required.
1. Contracting Parties
The Site, together with all content, data and other materials contained therein (save for User-uploaded content) is owned or controlled by Kadaland Nigeria and is referred to in these terms and conditions as “we”, “us”, “our” or “Kadaland”. When you register with (or otherwise access) the Site, you are contracting with Kadaland Nigeria. You must be 18 years of age or older to register or use the services available via the Site. By continuing to use such services, you are warranting that you are at least 18 years old and you have the authority to enter into this Agreement.
2. Object of Agreement, Rights of Third Parties
The Kadaland.com website is an internet platform where Users can publish and respond to classified ads. Users are solely held responsible for the content they submit on Kadaland.com, as well as any consequences that arise from doing so.
Kadaland Nigeria is not involved in any transaction, contract and/or arrangement that might occur between and among Users and third parties. The conclusion of such transactions, dealings, contracts and/or arrangements remain the business of the Users and the third party. You agree that Kadaland shall not be responsible or liable for any loss or damage of any kind incurred in connection with any such dealings. If there is a dispute between Users, or between a User and any third party, you agree that Kadaland is under no obligation to provide assistance or involve itself in any way. In the event that you have a dispute with any other User(s), you hereby release Kadaland, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service (save to the extent directly caused by Kadaland).
3. Disclaimer of Warranties
You agree that use of the Kadaland site and the service is entirely at your own risk. The Kadaland site and the service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Kadaland disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Kadaland site and the service. To the fullest extent permitted by law, Kadaland disclaims any warranties for other services or goods received through or advertised on the Kadaland site or the sites or service, or accessed through any links on the Kadaland site. To the fullest extent permitted by law, Kadaland disclaims any warranties for viruses or other harmful components in connection with the Kadaland site or the service.
4. Limitations of Liability
Except as set out herein, Kadaland Nigeria, the officers, staffs and successors shall not be liable for any indirect or consequential loss of any kind in contract or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Kadaland.
Under no circumstances shall Kadaland be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Kadaland has been advised of the possibility of such damages), resulting from any aspect of your use of the Kadaland site or the service, whether the damages arise from use or misuse of the Kadaland site or the service, from inability to use the Kadaland site or the service, or the interruption, suspension, modification, alteration, or termination of the Kadaland site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Kadaland site or the service or any links on the Kadaland site, as well as by reason of any information or advice received through or advertised in connection with the Kadaland site or the service or any links on the Kadaland site. These limitations shall apply to the fullest extent permitted by law.
You agree to indemnify and hold Kadaland, its officers, affiliates, successors, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another. You further undertake to indemnify Kadaland for all loss or damage incurred by Kadaland in relation to any third party claim against Kadaland for infringement of intellectual property rights arising in relation to your provision of materials to the Site and/or the Content.
You agree to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via email@example.com and we will close your account as quickly as possible. Please note that you will be responsible to Kadaland and to others for all activity that occurs under your registration account.
8. Your Personal Information
9. Kadaland Services
The Kadaland services provide you with the ability to post, search, transmit and link listings, messages, comments, files, images, photos, videos links and other materials (“Content”). Posting an ad on Kadaland is generally free but there are certain services Users may pay for. If you decide to take advantage of the paid-for advertising service you’ll be able to review and accept terms that will be clearly disclosed at the time you post your ad. The Site and the Content are intended only for the purposes specified or implied therein, and your use of the Site and/or all Content is entirely at your own risk. Please note, whilst we endeavor to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Save for Content uploaded by you, Kadaland owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under Nigerian Law). The Site and the Content are not for re-distribution, transfer, assignment or sublicense.
10. Prices and Payment
The usage of the Kadaland.com website is essentially free of charge. However, Kadaland Nigeria reserves the right to charge fees for special services and site features as well as the publication of online advertisements under specific/certain categories on the site.
Each and every fee shall be due for immediate payment and shall be paid for/settled using the different methods of payment offered on the website. Prices and availability of Services are as posted on the Site and are subject to change without notice. We may change such prices at any time by posting new prices on the Site. Payments may be made by bank transfers. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. Costs that may arise from aborting the payment collection shall be shouldered by the user and not Kadaland Nigeria. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable and we are not obliged to inform you of the reason for the refusal. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges. Due to the nature of the Services, any refunds made are at the sole discretion of Kadaland. Nothing herein affects your statutory rights.
Kadaland.com users may purchase premium features and services for their advertisements. Should the user choose to delete the advertisement before the purchased time frame has lapsed, this revokes the right of the user to retain or reuse the rest of the “unused” purchased time. Kadaland Nigeria does not reimburse the user for any portion of a discounted premium feature/service. In addition to the free Kadaland.com account, users have the option to purchase a Premium Account.
11. Uploading Content
You retain ownership of the rights you hold in your uploaded Content. When you upload material to the Site (including, without limitation, Content) you hereby grant to us a perpetual, non-exclusive license to use that material in any media the extent necessary to provide the Services and for our promotional purposes. You further agree to waive your moral rights for the purposes of this licence. You warrant and represent that you personally created such content and all materials contained within such content. Where necessary, we reserve the right to cut, edit, crop or arrange your material as necessary in our discretion. Unless you have requested otherwise, your name may be published alongside your material. If you do not want to grant these rights, please do not submit material to the Site. Please note that certain types of content may be protected by copyright (even if not marked with the © symbol) and if you are not the creator of all Content then you must first get permission from the creator of the Content or the copyright holder before uploading the Content to the Site. Additionally, if you want to publish Content depicting or portraying someone other than yourself, you must get permission from such individual(s) before uploading to the Site. Do not upload any Content that is unlawful, confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site. For the avoidance of doubt, you warrant that all Content uploaded by you, either from your own computer or another site/server, is created and owned entirely by you or you have the necessary licenses, rights and permissions to use the Content and to grant to us the rights granted hereunder.
You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted on or through the Site. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on other Users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through the Site, or limit the amount of storage space, bandwidth, or other resources you may use. You are solely responsible for making backup copies of any and all of your Content. Do not rely upon the Site as a primary storage space for your Content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.
12. User Conduct Rules
You agree to obey all applicable laws in using the Site and when sending emails in relation to the Site, and agree that you are responsible for the contents and/or communications you upload to or initiate via the Site. You agree that you are responsible for everything that you post or transmit to the Site and you agree (in relation to the Site):
a. not to upload content or participate in any form of activity via the Site which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, indecent, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;
b. not to upload content which you do not have the right to use, or present yourself or any content in a false or misleading way or copy, modify, or distribute any other User’s content (and/or harvest or otherwise collect information about others, including email addresses) without their consent;
c. not to abuse other Users or anyone else and not to spam or intentionally send repeated or identical (or similar) messages to any other person;
d. not to collect personal data about other Users, or publish your own contact details or those of anyone else to any third party, or contact any User or other relevant person who has asked not to be contacted;
e. not to register more than one account for yourself or anyone else, or bypass measures used to prevent or restrict access to Kadaland;
f. not to upload content that contains anything which could be used to determine or alter the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site;
g. not to upload or distribute content which is or contains spam, chain letters, or pyramid schemes or which may impose an unreasonable load on the infrastructure of Kadaland;
h. not to upload content intended to be used for a commercial purpose other than for your own personal purposes relating directly to the Content;
i. not to post non-local or irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonably or disproportionately large load on the Kadaland infrastructure;
j. not to post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
k. not to attempt to gain unauthorized access to Kadaland’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Kadaland website; and
l. not to upload content that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party, and not to use any robot spider, scraper or other automated means to access Kadaland and/or collect data or other content for any purpose without Kadaland’s express written consent.
You acknowledge and accept that when you upload material to Kadaland, you may be exposed to comments or critical submissions from other Users that are unfair, inaccurate, offensive, indecent, inaccurate, misleading or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against Kadaland with respect to any such comments or submissions.
You further acknowledge that Kadaland will have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the spirit of the site or the Terms or for any other reason.
13. Objectionable Material
If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to firstname.lastname@example.org including:
• Your full name and contact details;
• A description of the objectionable material and the specific page within the Site on which it is found (sufficient for us to locate the material e.g. the URL);
• A statement that you have a good faith belief that the objectionable material is a copyrighted work, a trademark or other content not authorised by the owner or is otherwise unlawful;
Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process. You acknowledge and agree that, while Kadaland reserves the right to remove any Content from the Site at any time, Kadaland shall not be responsible for issuing “Take Down Notices” to any third party site and Kadaland shall have no liability for the posting of any Content by a User.
14. Repeat Infringers
Your account will be terminated if, in Kadaland’s reasonable opinion, you are determined to be a repeat infringer (or otherwise have been the subject of more than one valid takedown request which has not been successfully rebutted).
15. No Endorsement by Kadaland.com
The fact that Kadaland pre-screens ads before it goes live on our Site does not mean we endorse them and we expressly disclaim any and all liability in connection with any Content uploaded to the Site or exhibited or otherwise exploited by Users.
Issuing the verified badge to a user does not mean that Kadaland has endorsed the user, his/her products or services. Therefore Kadaland Nigeria, the officers, staffs and successors shall not be liable for any indirect or consequential loss of any kind in contract or otherwise arising out of your transaction with a User carrying the verified badge. Users are only issued verified badges after confirming the User and his/her address are real after they undergo our thorough verification process.
16. Termination of this Agreement
Kadaland may at any time, in our sole discretion without prior notice to you and without reimbursement, terminate this legal Agreement, delete or deactivate your account, block your email or IP address, terminate your access to the Site and/or use of the Services (or any part thereof), remove and discard any Content if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. Kadaland shall not be liable to you or any third party for any termination of this Agreement or of access to Kadaland. You agree to not attempt to use the Services after any such termination. We reserve the right in our sole discretion to remove any Content that, in our judgement, does not comply with this Agreement. We are not responsible for any failure or delay in removing such Content. You hereby consent to such removal and waive any claim against us arising therefrom.
17. Trade Marks
Kadaland shall not be liable for trademark brands, products and service names used in the Site and the Content by Users.
You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site and/or the Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. Kadaland will cooperate with the authorities in prosecuting any User who Interferes with the Site, the Content or otherwise attempts to defraud Kadaland or any other parties through your use of the Site, the Content or any services provided hereunder. Kadaland reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Content and/or the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
19. No Partnership
Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.
20. Entire Agreement
This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
21. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
23. No Waiver
No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
25. Law and Jurisdiction
This Agreement shall be governed by and will be construed in accordance with the laws of The Federal Republic of Nigeria. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of the Land.
Our policies are designed to create a safe and fair environment for everyone using Kadaland. Learning what’s allowed can help you avoid unintentionally breaking the rules and helps everyone have a great experience.
26. Posting an Advert on Kadaland
Adverts that do not comply with our Terms will be removed from the site. This list is not exhaustive and Kadaland reserves the right to remove any advert without warning or other notification. Any advert we suspect of being spam or fraudulent will be removed.
The following is forbidden on Kadaland Nigeria:
• Posting of multiple ads whose content is identical or similar. You may only post a maximum of one ad for the same item or service per local area
• Proposal of several goods or services in the same advert that are not related
• Publishing an ad that is too short or ambiguous. This could result in an ad being classified as spam
• Posting an ad whose purpose is regulated or prohibited by law
• Using the details (name, phone number, mailing address, email, photos, etc) of someone else without their permission or providing false contact details
• Revealing elements of a private nature or violating the privacy of any person or company (including the publication of faces or signatures)
• Copying information posted by another user
• Publishing content that infringes physical or intellectual property rights
• Disturbing the activity of any other user
• Assuming the identity of Kadaland and/or its employees
• Publishing an ad in the wrong category or subcategory
• Children: Use of this site is prohibited to anyone under the age of 18
• Publishing ads with the purpose of advertising sites or services similar to Kadaland.com
• Promoting a website (you can only include a link on your ad if it provides more information about the product you are selling)
• Promoting or advertising gifts, sweepstakes or other prizes
• Making remarks that are false, defamatory, profane, hateful, abusive, pornographic, obscene or of any inappropriate nature (left to our discretion)
• Any advertisement or message containing a virus or other contaminating or destructive agent that prevents the proper operation of this site or access to this site by our users
We recommend you purchase a featured ad if you want your ad to have wider coverage. For more information of Featured Adverts and other Premium services, please click here. For business inquiries contact us via email@example.com
Golden rules (all website)
• 1 account per person
• Ads should not be ambiguous
• Should we find abuse of features available on the site, Kadaland has the right to take action.
• Images must be genuine. Any fake photos identified will be removed from the ad. Kadaland reserves the right to request identification for verification.
• Ads can take up to 24 hours to publish.
• No phone number in the title
• No emails to be included anywhere within the ad or the user profile (e.g. username)
• If a paid ad does not meet our terms, Kadaland has the right to reject refund.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY, ALL KADALAND CONTENT IS, AND THE KADALAND SERVICES ARE, PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KADALAND MAKES NO WARRANTY THAT
(A) THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR
(D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES’ WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICES IS AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
The following are prohibited to be advertised with specific reference to the Employment category:
• Requesting / offering financing or loans between individuals.
• Adult jobs including hostess, adult webcam (this list is non exhaustive).
• Any job whose function is not clearly specified.
• Adverts without a business name, salary or explicit and detailed description of the proposed job.
• Ponzi schemes.
29. Prohibited Services
The following are prohibited to be advertised with specific reference to the Services category:
• Ads of sexual nature or offering sexual services, prostitution, human trafficking, etc.
• We do not allow selfies or personal images. Photos of demonstration of service is allowed. Company Logos are also allowed.
Note – We reserve the right to require proof of qualifications for any type of service offered on the website.
30. Validity of Ads
Kadaland.com will not purposefully keep outdated listings live on the site. We will not publish any advertisement without first verifying the validity of the email address provided by the advertiser.
31. Moderation of Ads
Kadaland.com will remove any advertisement that is prohibited by Nigerian law, placed in the wrong category/city or that contains vulgar/abusive content. Members of the site are encouraged to flag ads that break our terms and conditions and actively report all scams to Kadaland. Kadaland reserves the right to report scammers to Police authorities or the Economic and Financial Crimes Commision(E.F.C.C.).
The Kadaland.com user has the right to demand the removal or deletion of the user’s own ads from the website. Kadaland Nigeria shall be ready to comply with this request immediately. However due to technical reasons, this usually takes a period of up to 24 hours.
32. Publication of Online Advertisement(s) on Related Internet Platforms Owned By Kadaland Nigeria
Kadaland Nigeria reserves the right to republish advertisement(s) on Kadaland.com and on other websites or social media platforms owned by Kadaland Nigeria.
33. Respecting your Privacy
To minimize the risks of spam, all e-mails exchanged between users are done so anonymously through our server.
We need to collect certain information from you in order for the advertising process to work effectively. However, you are in full control of the information that the public has access to. If you decide to opt in to receive special offers from selected third parties, your email address may be rented but in no circumstances will it be sold or transferred to third parties. You can unsubscribe to our marketing emails simply clicking on the link “Unsubscribe” at the bottom of them.
34. Data Protection
Under law you have the right to access, modify, rectify and delete data concerning you.
If you wish to remove yourself completely from Kadaland.com, please send an email with your username to firstname.lastname@example.org.
The Terms constitute the entire agreement between you and Kadaland and govern your use of the Service, superseding any prior agreements between you and Kadaland. These Terms and/or your use of the Site shall be governed by and construed in accordance with Nigerian law and the Nigerian Courts shall have exclusive jurisdiction over any dispute which may arise.
The failure of Kadaland to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
35. Ownership Rights
The Service is protected to the maximum extent permitted by copyright laws and international treaties.
Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
Copying or reproducing the Website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited.
You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although Kadaland does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Kadaland an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
Questions, remarks, and complaints may be sent to us through our contact
AN IDEASMITH COMPANY.