Terms of use

Foosion Terms & Conditions for Use of the Procurement Platform Please ensure that you have read and understand all these terms and condition (Hereinafter T&Cs) before you sign up for the Foosion Procurement solution and allied services - you shall be bound by all the T&Cs contained herein - PLEASE DO NOT ENROLL IF YOU DO NOT ACCEPT ANY OF THE T&CS.

1. CONTRACTUAL RELATIONSHIP

1.1 Foosion is a Company that provides modern-day solutions for businesses, individuals and other entities and currently operates a procurement platform in the address (Foosion). These Foosion terms and conditions (“T&Cs”) apply to your participation in the Foosion platform, solution and any other incidental business conducted or procured by Foosion (“FOOSION”, “we”, “us” or “our”).
1.2 Your sign-up and continued participation in the Foosion Solution/platform indicates your consent to be bound by these T&Cs. Your agreement to these T&Cs shall operate as a binding agreement between you and FOOSION in respect of your use of Foosion platform, any of its solution and any other incidental rights or obligations arising from the relationship with Foosion (“FOOSION”, “we”, “us” or “our”).
1.3 You agree that FOOSION may immediately terminate these T&Cs or any services rendered to you or generally, cease offering or deny access to its services and physical/digital assets or any portion thereof, at any time for any reason and without notice.
1.4 You agree that FOOSION may amend the Terms related to the procurement and services and your continued access to Foosion and allied services.
1.5 Our collection and use of personal information in connection with your interaction with the Foosion platform shall be under our privacy policy. You can read our Privacy Policy Here.

2. THE SERVICES

2.1 FOOSION is a private company that provides modern-day solutions for businesses, individual and other entities to facilitate transformation through technology and innovative thinking.
2.2 Foosion currently owns a Procurement platform which provides a transparent process for consumers to get the best quality and affordable farm produce at the best possible prices from different producers. (“the platform”).

3. BASIS OF THESE TERMS AND CONDITIONS

3.1. FOOSION is to provide the above-mentioned platform but without any obligation or promises of consummating procurements or assisting the vendors signed up on the platform in any way whatsoever.
3.2. For interaction with the Foosion solutions or allied services, you shall be regarded as a “user”. You may sign up as a business or individual after fulfilling the prerequisites of enrolment including the acceptance of these terms and conditions.

4. OBLIGATIONS

4.1. The user shall maintain reasonable behaviour while using the Foosion platform and its allied services or assets. The user undertakes not to perform (or cause to be performed) any illegal or prohibited activities. FOOSION shall not be responsible for any losses or damages arising out of the User’s misuse of the platform and the user hereby undertakes to indemnify Foosion for any liability arising from his non-compliance with these terms.
4.2. The User shall abide by the rules and regulations of FOOSION and other incidental rules which may be imposed from time to time and shall co-operate with FOOSION in all matters relating to the use of the platform and provision of its services or allied assistance.
4.3 Each party warrants that for this Terms and Conditions it shall comply with the provisions of the Data Protection Legislation.
4.4 Foosion owes no obligation to the user concerning the services it renders until a further contract is negotiated between Foosion and the user irrespective of his registration on the platform.

5. Data Security

5.1. All confidential information, copyright works, database rights, toolsets, inventions and patent rights and all other intellectual property rights subsisting at the commencement of the Services and which may be utilized by either party in the course of performing the Services or use of the platform shall remain the property of Foosion.
5.2. Notwithstanding any provision to the contrary, nothing in these Conditions or concerning any project or the provision of Services shall deprive FOOSION or grant the User rights to any of the FOOSION’s research, know-how functionality or methodology document, supplementary knowledge and design or technology process including as used by FOOSION in its general business or for its platform.
5.3 The User grants FOOSION an irrevocable, unlimited and royalty-free license to use the User Data provided to FOOSION on the platform.
5.4 The User acknowledges that its information may be used by FOOSION on an anonymous basis without limitation including compiling and publishing reports.

6. LIABILITIES

6.1 FOOSION shall not be liable whether, in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, loss of income, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising;

7. Third Party Access

7.1. Without affecting any other right or remedy available to it, either party to the Service may terminate the relationship by giving written notice to the other party where: the other party commits a material breach of any of the terms and conditions which breach is irremediable or (if such breach is remediable) fails to remedy that breach within 15 calendar days after being notified to do so;
7.2. the other party takes any step or action in connection with its entering administration, provisional liquidation, bankruptcy or any composition or arrangement with its creditors (other than concerning a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for a solvent restructuring), having a receiver appointed to any of its assets or ceases to carry on business or, if the step or action is taken in another jurisdiction, in connection with an analogous procedure in the relevant jurisdiction;
7.3. The other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

8. WAIVER

8.1. No failure or delay by Foosion to exercise any right or remedy provided under the Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

9. SEVERANCE

9.1. If any provision or part-provision of the Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Terms and Conditions.

10. ENTIRE AGREEMENT

10.1. These Terms and Conditions shall constitute the entire Terms and Conditions between the parties and supersedes and extinguishes all previous Terms and Conditions, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
10.2. The User acknowledges that in accepting these Terms and Conditions it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Terms and Conditions.

11. ASSIGNMENT AND SUBCONTRACTING

11.1. The User shall not, without the prior written consent of FOOSION, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Terms and Conditions, such consent may be withheld in FOOSION's sole discretion.
11.2. FOOSION may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Terms and Conditions.

12. NO PARTNERSHIP OR AGENCY

12.1. Nothing in this Terms and Conditions is intended to or shall operate to create a partnership between the parties, or authorize either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power) until a separate agreement is entered into between the parties.

13. THIRD-PARTY RIGHTS

13.1. These Terms and Conditions do not confer any rights on any person or party other than the parties to this Terms and Condition.

14. NOTICES

14.1. Any notice required to be given under the Terms and Condition shall be in writing and shall be delivered by hand or sent by post or email to the other party at its address on the platform or the email: admin@foosion.ng

15. GOVERNING LAW

15.1. These Terms and Conditions shall be governed and construed under the laws of Nigeria, without regard to its conflict of law provisions.

16. FOOSION RETURN AGREEMENT

Foosion will offer returns and replacement for items purchased by clients under the following conditions:
16.1. After receiving an order, the Client shall, within not more than six (6) hours of delivery of the order confirm its receipt and send in their complaints on items that do not meet the preferred specification, product type or are spoilt/damaged. (Protein items can only be returned within 2 hours of delivery)
16.2. The Client shall ensure that all products to be returned are in the same conditions as they were delivered and appropriately packed as delivered.
16.3. Foosion reserves the right to replace items that are defective upon notification by the Client; an internal investigation shall be carried out before replacement can be done.
16.4. Replacement for any returned item shall be done within 24 hours after receipt of complaint from the Client