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REXXONIS.COM TERMS AND CONDITIONS

 

Please read these Terms and Conditions carefully. They set out the rule governing your legal rights and obligations in relation to the transaction carried out on the Rexxonis.com platform. Rexxonis.com app is an e-commerce application services platform developed and hosted by Rexonnis.com to enable her customers to make purchases of medicals and related items /equipment online to Rexxonis domain over a digital or electronic network. It allows for easy search of the medical vendors for purchases and for timely home-delivery through geo-fenced delivery vendors. 

 

1. Definitions and interpretation

 

1.1 The following Terms have the meaning ascribed to them under this Agreement:

“Agreement” means this contract between you and Rexxonis.com for buying and selling or supply of products from Rexxonis app in accordance with the terms and conditions contained herein.

 

“Customer” means any person that purchases goods from any of the vendors that are registered on the Rexxonis app, and includes anyone who has ordered for supply of goods and accepted the supply by Confirmation of Sale.

 

“Delivery Vendor” means a logistic or delivery company approved by Rexxonis.com and liaising with the vendors for timely delivery of good ordered to customers’ chosen destination.

 

“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks, insurrection, and wars); that makes it impossible for the parties to perform their terms of the contract.

 

“Goods” means the variety of medicals or other associated items or products displayed or uploaded on the menu chart of the Rexxonis.com platform by various vendors, and which a customer places sales order.

 

“Prices” means the prices for the goods, as displayed on the Rexxonis app as the value for goods selected and ordered from the supply vendor, including the delivery charges

 

“Rexxonis.com App” means the E’ commerce platform developed and hosted by Rexxonis to enable customers to access quality medical supplies from various vendors online with minimal amount of delivery charges”. The platform is the online marketing point for both the customer, vendor and delivery agent. 

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“Medical Vendors” means the vendors dealing on medicals and related items who are registered with Rexxonis.com to use the App for online marketing and sales of variety of medical useables that are ordered by customers.

 

Sales Order” means payment for a specific product made by a customer to a medical vendor and confirmed for delivery through the delivery agent.

 

User” means any person that users Rexxonis App for the purpose of online buying and selling and include the customer, the medical vendor and the delivery agent.

 

2. Terms of Use

Every user of the Rexxonis.com app represents and warrants that they possess a capacity to contract, and in terms of a natural person, that they are up to the age of 18 and are fully able and competent to understand and agree these terms, conditions, obligations, affirmations, representation, and warranties as set forth in this Agreement. 

 

These Terms and Conditions contain the rights and obligations upon which the medical vendor, the delivery agent and the customer shall interact in the course of online marketing and processing of sales order on Rexxonis.com platform., to the exclusion of all other terms and conditions.

 

Rexxonis.com states that it provides only the platform for online medical purchases by entering into contractual arrangements with medical vendors on a principal-to-principal basis for the purpose of listing their medical useable, equipment and items and for online ordering by the Users through Rexxonis.com app. Users can access the medical vendors’ list of sales items on the platform and place orders which the medical vendor may or may not accept at its absolute discretion. 

 

3. Compliance

 

User and Rexxonis.com represent that they have complied with all laws and regulations in Nigeria. The User represents to use the App services only in compliance with terms & conditions, applicable law, and in a manner that does not violate the legal rights of third parties.

 

4.     General Terms of Service:

 

  1. Rexxonis.com states that it is not the seller of medical items, useables and equipment, but only provide a platform that enables a customer to place an order to a medical vendor pursuant to the aforesaid contract and facilitate the sale and purchase of items between the two, online.

 

  1. Rexxonis.com shall not be liable for any actions or omissions by the medical vendors including deficiency in service, wrong delivery due to incorrect delivery information, quality of item, time taken to prepare or deliver the order, etc., but have taken steps to ensure that the vendors on the platform complies with the applicable Consumer Protection Law in Nigeria, in terms of quality and efficiency of service.

 

  1. The liability for any violation of medical safety or standard shall be solely that of the medical vendor that supplied the item to the customer.

 

  1.  It is the responsibility of Users to check the item that is ordered and read its description, before placing an order on the platform. Rexxonis.com shall not be liable in the event that item ordered by a User does not meet the User’s specification or any other requirements and/or restrictions.

 

  1. The acceptance of a delivery by the delivery agent shall constitute a contract of service under the Consumer Protection Act or any successor legislation, between the User and the delivery agent and that delivery agent undertakes to deliver the order to the customer’s destination in a safe and well packaged manner.

 

  1.  Rexxonis.com does not provide any delivery or logistics services but only liaise with them to enable the delivery of items ordered by the users through the platform by connecting a user with the nearest delivery vendor within user’s geo-fenced zone.

 

  1.  Rexxonis.com states that it will use reasonable efforts to inform the user of the costs or charges associated with a particular order made on the platform to enable the user to either confirm the sale orders or cancel the order before processing.

 

  1. Once a user has confirmed the sales order to the medical vendor and the order has been processed for delivery, the customer will not be entitled to a refund, unless the medical vendor delivers a good of the kind different from the one ordered by the customer.

 

  1.  Rexxonis.com shall reserve the right at any time and without prior notice, to remove, block, or disable access to any content, for any reason considered to be objectionable, in violation of the terms and conditions of this Agreement or otherwise harmful to the Services provided herein.

 

  1. The intellectual and proprietary rights in the app belong exclusively to Rexxonis.com, and every user agree to protect Rexxonis.com’s ownership of the platform as well as its intellectual and proprietary right.

 

  1. Rexxonis.com shall grant User a personal, limited, non-exclusive, and non-transferrable license to access and use the services in this app only as expressly permitted as per the terms and conditions of the Agreement. The user agrees not to use the services for any illegal purpose or in any manner inconsistent with the terms and conditions of this Agreement.

 

  1. The reviews or ratings of a medical vendor by users does not reflect the opinion of Rexxonis.com. Such reviews or ratings only show the views of the user. It is important to state that every review or ratings posted on the platform are the personal views of the user.

 

  1.  Rexxonis.com shall take care to show correct price of goods listed at the time of publication, as received from the medical vendors. The final price charged to the User may change at the time of delivery when the delivery charges are added to it. 

 

  1.  The total price for goods ordered, including the delivery charges and applicable taxes (VAT), will be displayed on the Platform when you place your order, which shall be rounded up to the nearest Naira.  The User shall make full payment towards such goods ordered via any of the Rexxonis.com preferred payment platform as displayed. 

 

  1. The delivery period or pick-up time quoted at the time of ordering are approximate only, and may vary depending upon the situation.  In the event that a user opts for Pickup at the time of placing the Order, Rexxonis.com shall not be liable in any manner in this regard for any delay in delivery.

 

  1.   Personal promo code/offers/memberships, where applicable, can be used by the User subject to such terms and conditions set forth by Rexxonis.com from time to time. The subscribers will only be eligible for offers opted for.

    1. The medical vendor will be responsible for packaging the products in the regular market manner for delivery. Once the product has been handed over to the delivery agent, no cancellation is allowed and no refund is allowed unless in accordance with clause 7 of this agreement dealing with Refunds and Payment Policy.

 

 

5.    Terms of Use (Medical vendor/Customer):

 

5.1       The User shall request to order goods from a medical vendor by clicking on “Place Order” tab on the vendor’s counter in the Platform or such other tab as indicated in the app for placing of orders. Such order shall constitute an unconditional and irrevocable authorisation issued in favor of Rexxonis.com to place online orders and approve the processing of the request by the vendor.

 

5.2       Each order for Products given by the Customer to the medical vendor will be deemed to be an offer by the Customer to purchase Products from the medical vendor subject to these Terms.

 

5.3        In order for a Contract to come into force, (a) the Customer must submit an order to the medical vendor to enable the medical vendor to process the request for delivery; (b) the medical vendor must send to the Customer, a confirmation order to complete the sales order; and upon acceptance and completion of the sales order by the customer, a contract is validated by the parties on the platform and processed for delivery. 

 

5.4       Delivery: All products will be delivered by the medical vendor through Rexxonis.com accredited delivery agent to the customer’s chosen address or agreed delivery point supplied by the customer and captured on Rexxonis.com platform through geospatial intelligence.

 

 

  1. Once an order has been placed on the Platform and accepted by a medical vendor, it constitutes a separate contract of sale of goods between the customer and medical vendor, to which the Rexxonis.com is merely facilitator, but not a party.

 

  1. The user warrants that while placing an order, accurate and correct details such as contact telephone number, delivery address, etc. are accurate and correct. By providing these details, the user expressly accepts the terms and conditions governing privacy policy. Where failure to deliver is due to wrong information or address as provided by the customer, a reverse/return tariff charges shall apply, in accordance with clause 5.9 below.

 

  1. The customer shall be charged a delivery fee for delivery of the order by the delivery agent, and the fee must be added and paid along with the value of the goods on the app. The delivery charges may vary from, order to order, which may be determined on multiple factors such as weight, distance, order value, demand during peak hours, etc.

 

  1. The customer acknowledges that any cancellation or attempted or purported cancellation of an Order constitutes a breach of the unconditional and irrevocable authorization in favor of Rexxonis.com.

 

  1. In the event the customer places on order which was processed and handed for delivery before it became apparent that the order was made out of want of care, the customer shall be liable to pay the liquidated damages of an amount equivalent to the value of the Order. The User authorises Rexxonis.com to deduct or collect the amount payable as liquidated damages by deducting such amount from the payment made towards the customer’s next order.

 

  1. Rexxonis.com does not guarantee a refund without medical vendor’s permission. Where it is considered that such refund is justifiable, the refunds shall be processed in the same manner as they are received, unless the refunds have been provided to the customer in the form of credits, the refund amount will reflect in customer’s account based on respective bank policies.

 

6.    Account Registration Process

 

6.1       Users shall have the access to the Platform by downloading the Rexxonis.com app either on Android or IOS mobile enabled phone or Web, and registering his personal information to create an account. A registered user may access or log into the account through certain third-party social networking sites (" SNS") (including, but not limited to, Facebook).

 

6.2       Every user shall have access to only one Rexxonis.com account and shall not be permitted to create multiple accounts. Where it is found that a user uses multiple accounts, Rexxonis.com reserves the right to suspend such multiple accounts without liability whatsoever.

 

6.3       Every user shall provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

 

6.4       The Rexxonis.com reserves the right to suspend or terminate a user’s account and access to the Rexxonis.com platform, if (a), any information provided during the registration process or thereafter proves to be inaccurate, or incomplete; (b), it is believed that a user’s actions may cause legal liability for the Rexxonis.com or the user; or for both and (c) the user is found to be non - compliant with the Terms of Use.

 

6.5       Every user shall be responsible for safeguarding his password. The user shall not disclose the password to any third party. A user is solely responsibility for any activity or action under the user’s enabled Rexxonis.com Account.

 

7.    Payments

 

  1. Items ordered must be paid for before delivery, and the price of each item is as indicated on the Rexxonis.com app. The total cost shall include both the actual cost of the item and the delivery charges.

 

  1. In case of payment at the time of delivery, the user shall not be required to pay for:

 

a)    Orders where the packaging has been tampered with or damaged;

b)    Wrong order being delivered; or

c)    Items missing from order at the time of delivery.

 

8.   Other Terms and Conditions 

 

  1. Medical vendor’s Regulatory Compliance: The customer and medical vendor acknowledge that Rexxonis.com is not responsible for the quality of goods supplied, and bears no responsibility for the medical vendor’s compliance with Consumer Protection rules, regulations, and licenses in relation to sales and preservation of goods.

 

  1. Assignment: Rexxonis.com may assign its right or obligations under these terms and conditions to any of its affiliates or any third party at any time.

 

  1. Goods Expiry checks: Rexxonis.com shall undertake to initiate goods expiry checks and surveillance in partnership with certified authorities, and in accordance with the stipulation of any goods safety law or regulation in force.

 

  1.  Limitation of liability:  Rexxonis.com shall neither be liable in any way for any in-person interactions with representatives or staff of the medical vendors, nor would it be liable to the customer if any outlet of medical vendor closest to the customer temporarily or permanently shuts down its operations. Rexxonis.com will only be responsible for claims/liabilities arising out of offers/promo plans advertised by Rexxonis.com to its subscribers to the fullest extent permitted by applicable law, in no event shall Rexxonis.com be liable to user for any damages resulting from or arising out of the (i) disclosure of information pursuant to these terms in disregard to Rexxonis.com Privacy Policy as required by Law; (ii) if the user fails to keep his/her password or account details secured and confidential, and/or (iii) loss or damage which may be incurred by the user,  as a result of reliance placed by the user on the completeness, accuracy or existence of any advertising, or any relationship or transaction between the user and any advertiser or sponsor whose advertising appears on the app services, and/or delay or failure in performance resulting from causes beyond Rexxonis.com reasonable control such as incidence of force majeure. In no event shall Rexxonis.com be liable to the user for indirect, incidental, special, punitive, exemplary or consequential damages whatsoever or however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, or other intangible loss.

 

  1. Indemnity: The medical vendors, delivery agents and customers (users) agree to indemnify, and hold harmless, Rexxonis.com from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred as a result of user’s violation of any rights of third party, injury or bodily harm caused to anyone as a result of the use of this service,  breach of terms and conditions. Rexxonis.com retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against Rexxonis.com. Rexxonis.com reserve the right, at user’s expense, to assume the exclusive defense and control of any matter for which user is required to indemnify Rexxonis.com and the user agree to cooperate with Rexxonis.com’s defense of these claims. Rexxonis.com will use reasonable efforts to notify the user of any such claim, action or proceeding upon becoming aware of it. 

 

  1. Rexxonis.com may terminate user’s use of the services and deny access to the Platform in Rexxonis.com’s sole discretion, for any reason or no reason, including user’s: (i) violation of terms and conditions of this Agreement (ii) lack of use of the services, (iii) or using the platform to perpetuate fraud or illegal purpose. It is hereby agreed that any termination of user’s access to the services may be effected without prior notice, and it is acknowledged and agreed that Rexxonis.com may immediately deactivate or delete the account and all related information and/or bar any further access of user to the account. Further, the user must agree that Rexxonis.com shall not be liable to the user or any third party for the discontinuation or termination of user’s access to the Rexxonis.com app.

 

  1.  Addendum: Rexxonis.com is at liberty to vary or amend or change or update the terms and conditions, from time to time. The user shall be responsible for checking the terms and conditions from time to time and ensure continued compliance with the said terms and conditions. User’s usage of the platform shall be deemed as express acceptance to such amended/changed terms and the user agrees to be bound by such changed/amended Terms and Conditions. The User may be required to install certain upgrades or updates to the software in order to continue access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by Rexxonis.com under the term and conditions shall be considered part of the Services.

 

  1. Waiver: No failure to exercise or any delay in exercising, on the part of either Party of any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent the exercise of any other right or remedy.  The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

 

  1. Severability: If any provisions or part-provisions of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

 

  1. Governing Law: This Agreement and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. The courts of the Federal Republic of Nigeria shall have jurisdiction to settle any dispute arising out of or in connection with Agreement (including a dispute regarding the existence, validity or termination).