Terms and Conditions

of Ether LLC (Ether) regarding the software VeePee Market as of 06/2024.
1. Subject matter
1. The subject matter of this Agreement is the use of VeePee Market. This Agreement regulates all relations between VeePee Market and the user regarding the use of VeePee Market.
2. VeePee Market communicates with the Ether hosting service which is offered by Ether Innovations & Lifestyle Ltd. Condition to the proper use of VeePee Market is a valid contract with Ether Innovations & Lifestyle Ltd. on the use of Ether which may lead to costs on the customer’s sole responsibility. The customer will allow VeePee Market to access the Ether's resources the customer chooses. The customer is solely liable for any costs or damages that Ether associates with this communication.
2. Scope of services
1. Ether provides VeePee Market as a service. This means, that VeePee Market may be used via the internet only.
2. VeePee Market is an online marketplace that provides the infrastructure for connecting small and large scale businesses, customers and delivery companies together. The functional range of the service is dependant on the package the customer chooses.
3. VeePee Market is integrated with Ether and offers support for Web and Mobile App platforms.
4. No consultancy, training, trouble shooting or support is within the scope of the services offered by VeePee Market under this Agreement.
3. Obligations of the customer
1. The customer must not interfere or intent to interfere in any manner with the functionality or proper working of VeePee Market.
2. The customer will indemnify and hold harmless VeePee Market, its officers and directors, employees and agents from any and all third party claims, damages, costs and (including reasonable attorneys fees) arising out of the customer’s use of VeePee Market in a manner not authorized by this Agreement, and/or applicable law, or the customer’s or it’s employees’ or personnel’s negligence or willful misconduct.
4. Downtime and services suspensions
1. Adjustments, changes and updates of VeePee Market that help to avoid or maintain dysfunctions of the software may lead to temporary service suspensions. VeePee Market will try to limit downtime of the service or restrictions of accessibility to 10 hours a month. VeePee Market will try to do regular maintenance works during the weekend or at times between 10 p.m. and 6 a.m. (WAT).
2. The customer is aware that the service relies on a working internet infrastructure. Additional downtime of the service can occur, if the website is not available and at any other time with restrictive access to the internet.
3. The customer is aware that VeePee Market does not work if Ether is not properly available (be it to VeePee Market or the customer).
5. Rights to use
1. The customer is granted a limited, non-exclusive, non-transferable, non-sublicenseable right to use VeePee Market as software as a service via the internet.
2. The customer is not granted any additional right to the Software or any other intellectual property of VeePee Market. This especially means that the customer shall not be entitled to make copies of the Software. The customer shall not translate the program code into other forms of code (decompilation) or employ other methods aimed at revealing the Software’s code in the various stages of its development (reverse engineering).
3. The customer is not entitled to remove or make alterations to copyright notices, serial numbers or other features which serve to identify the Software.
6. Warranty
1. Defects in the supplied Software shall be remediated within a reasonable time following a detailed notification of such defect being given to VeePee Market by the customer.
2. For the purpose of remedying defects, VeePee Market may choose to replace the defective Software with a version of the Software which is free of defects.
3. Unless VeePee Market fails to repair or replace the Software, the right of the customer to terminate the contract due to an inability to use the Software shall be excluded.
4. The limitation period for all warranty claims shall be 12 months commencing with the first coming to show of the defect.
7. Liability
1. The pre-contractual, contractual and non-contractual liability of VeePee Market is limited to cases of intent and gross negligence.
2. In cases of ordinary negligence VeePee Market’s liability shall be limited to the breach of contractual obligations which are Cardinal Obligations. Cardinal Obligations are those obligations for which due fulfillment is essential to the proper implementation of the contract as a whole, and the contractual partner may depend upon their fulfillment.
3. Furthermore, the amount of damages shall be limited to those losses which are generally foreseeable in connection with the supply of the Software.
4. The above limitations of liability shall also apply where VeePee Market is vicariously responsible for its employees and agents.
5. Any claims for damages by the customer relating to defects in the supplied Software shall be subject to a limitation period of 12 months. This does not apply to defects which have been intentionally concealed by VeePee Market.
8. Data protection and confidentiality
1. VeePee Market stores Account Data about the customer. This data may be shared with third parties if those are assigned by VeePee Market to handle accounting, payment or other internal processes.
2. VeePee Market uses web tracking to store and analyze the customer’s interacting with the Website. The customer agrees to this form of monitoring, tracking and storage. VeePee Market may also store monitoring and statistical data about the customer’s usage of VeePee Market and Ether and information about the software tested. These data may be – anonymized – published by VeePee Market to the public.
3. VeePee Market may inform the public about the customer using VeePee Market and VeePee Market’s services including a rough description of the usage for marketing and public relation purposes. The customer agrees to appear in VeePee Market’s reference lists including any name, trademark or logo of the customer. This includes, but is not limited to, descriptions on the Website, any other Ether's websites, presentations, presentation material, press announces.
9. Term and Termination
1. The Agreement runs for an indefinite time and will remain in effect until terminated by one of Parties in accordance with this section 11.
2. The Parties may terminate this Agreement for any or no reason at their convenience with a 30 day notice to the end of each month. Termination may be issued in writing or by using the provided account closing mechanism, if provided by VeePee Market.
3. In addition each Party’s right to terminate this Agreement for a good cause remains unaffected. A good cause for termination of the Agreement by VeePee Market shall include, but is not limited to, the following:
a serious breach of the obligations arising from this Agreement by the customer;
a default in payment of the customer with an amount that equals at least the compensation of one month;
an attempt a denial of service attack on any of the Services by the customer or any attempt to hack or break any security mechanism on any of the Services;
determination that the customer’s use of the Services poses a security or service risk to VeePee Market, or to any user of services offered by VeePee Market;
a major change in the working of Ether that makes it unreasonable for VeePee Market to adapt VeePee Market accordingly;
a major change in the co-operation of Ether and VeePee Market that makes the further offering of VeePee Market unreasonable for VeePee Market;
an application for the initiation of insolvency proceedings concerning the customer, as well as the refusal to open insolvency proceedings for lack of assets, or the issue of a declaration in lieu of an oath, or any similar proceedings.
10. Disputes, Applicable Law, Notices
1. This Agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement or its formation) shall be governed by laws of the user's local country.
2. The parties agree that the courts of the seat of VeePee Market shall have exclusive jurisdiction to settle any dispute arising out of this Agreement, and so far this is permitted by law.
3. Notices made by VeePee Market to the customer may be posted on the Website and/or send to the email-address specified by the customer when registering or to any updated email-address the customer provides. Notices to VeePee Market must be directed to cs@veepeemarket.com and/or Ether, Abuja-Keffi Expressway, New Karu, Abuja, Nigeria.
11. Final provisions
1. This agreement, together with any documents referred to in it, or expressed to be entered into in connection with it, constitutes the whole agreement between the Parties concerning the subject matter of this Agreement.
2. The customer may set off only legally, binding and recognized claims. The rights and obligations arising from this Agreement are generally not transferable. However VeePee Market may transfer this Agreement with all rights and obligations to a company of its choice.
3. If any provision of this agreement is or later becomes invalid, or contains omissions, the validity of the other provisions shall remain unaffected. The parties shall agree upon a new provision, which shall resemble the invalid provision as closely as possible in purpose and meaning considering the interests of the parties and the legal regulations, to replace the invalid provision. In the event of an omission in the agreement, a provision shall be agreed upon which shall correspond with that which would have been agreed, pursuant to the purpose and meaning of the agreement, if the matter had been considered by the parties when the agreement was formed.
4. These General Terms and Conditions may be modified by VeePee Market at any time. VeePee Market will inform the customer via email that these General Terms and Conditions have altered without necessarily including the new version or alteration in this email. If the customer does not expressly disagree in writing within a month from the notification of change this is deemed to be his acceptance of the change. The customer will expressly be informed about this circumstance and the significance of his silence in the notification of change.