⚠️ Pre-launch draft: These Terms of Use are currently under pre-launch legal review. They are provided as a working draft and should be reviewed by a qualified legal professional before Folex Auto Market is launched publicly. They do not constitute final legal advice and must not be relied upon as such.
Terms of Use
Effective date: To be confirmed before launch · Version 1.1-draft
Contents
1. Acceptance of Terms
By accessing or using Folex Auto Market ("the Platform", "we", "us", "our"), you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree, please do not use the Platform. These Terms apply to all visitors, buyers, sellers, dealers, advertisers, and any other user of the Platform.
2. Our Role as a Marketplace
Folex Auto Market is an online marketplace platform that connects buyers with sellers and dealers of vehicles in Nigeria. We are not the owner, seller, buyer, dealer, agent, broker, lender, insurer, escrow provider, transport provider, mechanic, or vehicle inspector unless explicitly stated in writing. We do not take title to any vehicle and are not party to any transaction between users. All vehicle listings on the Platform are created, submitted, and managed by individual sellers and dealers. We do not own, inspect, certify, or guarantee any vehicle listed on the Platform. A Verified Dealer badge on a dealer profile indicates that the dealer's business profile and registration information has been reviewed by our team — it does not constitute an inspection, certification, endorsement, or guarantee of any vehicle listed by that dealer, nor does it guarantee transaction safety or the absence of outstanding finance or liens on any vehicle listed. Users transact entirely at their own risk. Buyers must carry out their own independent due diligence — including physical inspection of the vehicle and verification of all documents — before making any payment or commitment.
3. Vehicle Listings Disclaimer
All listings on the Platform are created and submitted by sellers and dealers. Folex Auto Market does not verify, audit, or approve listing content before publication except as part of its moderation process. We do not guarantee: (a) the accuracy, completeness, or truthfulness of any listing; (b) vehicle condition, history, roadworthiness, or fitness for purpose; (c) stated mileage, year, specification, or features; (d) vehicle ownership, documentation, or title; (e) outstanding finance status, liens, or encumbrances; (f) accident history or prior damage; (g) listed price or availability; (h) the identity or reliability of any seller or dealer. Buyers must independently verify all listing information and carry out their own due diligence before making any payment or entering into any transaction.
4. Dealer Verification
Where a dealer's business profile and registration information has been reviewed by our team, a Verified Dealer badge is displayed on that dealer's profile and storefront. Dealer verification means: - The dealer's business profile and registration documents were reviewed at the time of verification. - The dealer's business identity information appeared consistent with submitted documents. Dealer verification does NOT mean: - Any vehicle listed by the dealer has been inspected, tested, or certified by Folex Auto Market. - Any vehicle listed by the dealer is free from defects, outstanding finance, liens, theft, or documentation issues. - The dealer's vehicles are roadworthy, legally compliant, or fit for purpose. - Any transaction with a Verified Dealer is safe or guaranteed by Folex Auto Market. Verified Dealer status may be withdrawn at any time if a dealer breaches these Terms or if their registration details are found to be inaccurate.
5. Buyer Responsibilities
Buyers are solely responsible for their own due diligence. Before making any payment or commitment, buyers must: (a) Inspect the vehicle physically in person. Buyers must not purchase a vehicle without personally inspecting it, or having it inspected on their behalf by a qualified, independent mechanic or inspection agent. Do not rely solely on listing photos, descriptions, or seller claims. (b) Verify the identity of the seller or dealer independently before transferring any money. Request and verify government-issued identification where appropriate. (c) Verify ownership documents, including proof of ownership, customs papers (where applicable), roadworthiness certificate, and vehicle licence, and confirm they are genuine. (d) Check the VIN or chassis number against official records and verify it has not been altered, cloned, or tampered with. (e) Check, where possible, that the vehicle is not subject to outstanding finance, loans, liens, encumbrances, court orders, or theft reports. (f) Use only safe, documented, and traceable payment methods. Do not pay cash to unverified sellers without a proper written agreement. Never transfer funds before physically verifying the vehicle and its documents. (g) Use an independent mechanic, inspection agent, or legal professional where appropriate before completing a transaction. (h) Report suspicious listings or users using the Report feature on the Platform. (i) Make final payment only when fully satisfied with the vehicle, its documents, and the seller's verified identity. Folex Auto Market is not liable for any losses, disputes, or harm arising from transactions between buyers and sellers or dealers.
6. Seller Responsibilities
Sellers must: (a) Provide accurate and truthful vehicle descriptions, including correct mileage, condition, year, specification, and all known defects or damage. (b) Disclose all known issues with the vehicle — including accident history, mechanical problems, outstanding finance or liens, and documentation gaps. Failure to disclose known material issues may constitute fraud. (c) Own or have clear legal authority to sell any listed vehicle. (d) Hold and be able to produce valid, genuine ownership documents for any vehicle listed. (e) Not submit forged, altered, or fraudulent documents to the Platform or to buyers. (f) Not list stolen vehicles, vehicles with cloned or altered identifiers, illegally imported vehicles, or vehicles encumbered by undisclosed finance or liens. (g) Respond to buyer enquiries promptly and honestly. (h) Mark listings as sold or remove them promptly when a vehicle is no longer available. (i) Not request, accept, or facilitate payments in a manner designed to circumvent Platform safeguards or deceive buyers. (j) Not defraud, deceive, or misrepresent to buyers on or off the Platform. (k) Comply with all applicable Nigerian consumer protection laws, the Federal Competition and Consumer Protection Act, and any other relevant regulations. Sellers are solely responsible for completing vehicle sales, transferring ownership legally, and ensuring all documentation required for legal transfer is provided to buyers.
7. Dealer Responsibilities
Dealers must comply with all Seller responsibilities above, and additionally: (a) Maintain an active, valid dealer registration or business licence. (b) Ensure their dealership details on the Platform are accurate and kept up to date. (c) Not list vehicles they do not own or have the clear legal authority to sell. (d) Not use the Platform to conduct, facilitate, or conceal fraudulent vehicle transactions. (e) Ensure that any dealer staff or agents accessing a shared dealership account comply with these Terms. (f) Comply with any dealer-specific policies communicated by Folex Auto Market. Dealer subscription tiers and their features are described on the Pricing page and may be updated with reasonable notice.
8. Listing Accuracy
All listings must accurately describe the vehicle being offered. Prohibited inaccuracies include: false mileage, incorrect year, undisclosed accident damage, misleading photos (including stock or manufacturer images used as the vehicle's own), false ownership claims, and incorrect condition categorisation. Listings found to be materially inaccurate will be removed. Repeated violations may result in account suspension.
9. Prohibited Listings
The following are prohibited on the Platform: (a) Stolen vehicles or vehicles with an altered, cloned, or forged chassis/VIN number. (b) Vehicles with forged, altered, or fraudulent documentation. (c) Vehicles under finance or with other encumbrances without clear disclosure to buyers. (d) Illegally imported vehicles or vehicles not legally permitted for road use in Nigeria. (e) Non-road-legal vehicles listed as road-ready. (f) Vehicles listed at fraudulently low prices designed to attract scam deposits. (g) Duplicate listings of the same vehicle. (h) Listings for vehicles not physically available in Nigeria (unless otherwise agreed with Folex Auto Market in writing). (i) Any listing designed or used to deceive, defraud, or mislead buyers.
10. Fraud and Suspicious Activity
Folex Auto Market reserves the right to suspend, remove, or permanently ban any account involved in fraudulent activity, including but not limited to: fake listings, stolen vehicle sales, identity fraud, payment scams, requesting payments outside the Platform, threatening or abusive behaviour, and submitting false fraud reports. Fraud evidence including reports, documents, communications, and records may be retained indefinitely for legal, dispute resolution, and audit purposes.
11. Payments and Fees
Sellers and dealers pay subscription fees to access listing plans. Promotion fees and advertising fees may also apply for optional paid features. Payment processing: All payments are processed by Paystack or another third-party payment processor. Folex Auto Market does not store card details. Payment processing is subject to Paystack's own terms and policies. No entitlement: Payment of any fee does not create an automatic entitlement to listing approval, promotion activation, or advert publication. All listings, promotions, and adverts are subject to review and acceptance by Folex Auto Market in accordance with these Terms and our content policies. Failed or abandoned payments: A failed or abandoned payment transaction does not constitute a completed purchase and creates no entitlement to any service, listing slot, promotion, or advert placement. Refunds: Subscription fees, listing promotion fees, and advertising fees are generally non-refundable once the service period has begun or the service has been activated. If a listing is rejected by admin review after payment, the applicable credit or refund policy at the time of purchase applies. Nothing in this clause limits any statutory rights you may have under applicable Nigerian consumer protection law. ⚠️ [LEGAL REVIEW REQUIRED] — The refund and non-refundable policy should be reviewed by a qualified lawyer in light of the Federal Competition and Consumer Protection Act 2018 and any other applicable Nigerian consumer rights legislation before publication.
12. Listing Plans
Active listing limits apply to published, approved listings only. Sold, expired, paused, rejected, draft, and payment-pending listings do not count toward the active listing limit. If a payment fails or a subscription lapses, listings above the plan limit will be paused — not deleted — until the seller renews or upgrades. Listing plan features, pricing, and limits are described on the Pricing page and may be updated with reasonable prior notice.
13. Promotions and Featured Listings
Sellers and dealers may pay to promote or feature their listings on the Platform. (a) Payment for a promotion does not guarantee that a listing will be displayed if the listing breaches these Terms or our content policies at the time of review or during the promotion period. (b) Promoted listings may require admin review and approval before activation. Payment does not guarantee immediate activation. (c) Folex Auto Market reserves the right to remove, pause, or reject a promoted listing that breaches these Terms or content policies, without refund of any promotion fee paid, unless otherwise stated in the applicable refund policy. (d) Promotion placement, position, duration, and availability are subject to Platform rules and may be limited by inventory, technical factors, or policy changes. (e) Folex Auto Market does not guarantee any specific number of views, enquiries, leads, or sales as a result of a paid promotion. Results depend on market conditions and buyer behaviour outside our control.
14. Advertisers and Ads
Advertisers who purchase advertising placements on the Platform agree that: (a) They are solely responsible for the content, accuracy, legality, and appropriateness of their advert, including all images, claims, and destination URLs. (b) Adverts must not be misleading, illegal, fraudulent, offensive, harmful, defamatory, or infringing of any third-party rights. (c) Folex Auto Market reserves the right to reject, pause, remove, or refuse to publish any advert at any time without obligation to provide a reason, and payment does not guarantee approval, activation, or continued display. (d) Folex Auto Market is not responsible for the products, services, claims, performance, or conduct of any advertiser or linked third-party website. (e) Advertisers must comply with applicable Nigerian advertising standards, the Federal Competition and Consumer Protection Act, and all other applicable laws.
15. Account Suspension and Termination
Folex Auto Market may suspend, restrict, or terminate accounts that: (a) Violate these Terms or any Platform policy. (b) Engage in fraudulent, misleading, or deceptive conduct. (c) Receive multiple verified fraud or abuse reports. (d) Post prohibited listings or content. (e) Harass, threaten, or abuse other users or Folex Auto Market personnel. (f) Are the subject of a lawful legal order, law enforcement request, or regulatory direction. (g) Pose a risk to the safety, security, or integrity of the Platform or its users. Where possible, we will notify users of suspension and allow an opportunity to appeal. In cases of serious fraud, immediate safety risk, or legal obligation, accounts may be suspended or terminated immediately without prior notice. Account deactivation and deletion: Users may request account deactivation or deletion by contacting support at /contact-support or legal@folexautomarket.com. Account deletion may be delayed or partial where data must be retained for legal, fraud prevention, regulatory compliance, accounting, payment processing, dispute resolution, or safety purposes, as described in our Privacy Policy.
16. Reports, Support, and Moderation
Users may report listings, users, or suspicious activity using the Report feature on the Platform or by contacting support. Folex Auto Market may, at its sole discretion: moderate, remove, reject, restrict, edit metadata of, or investigate any listing, account, advert, or user content at any time, with or without notice. Moderation decisions — including listing removal, account restriction, and advert rejection — are made at Platform discretion and are not subject to appeal as of right, though Folex Auto Market will endeavour to consider reasonable appeals submitted in good faith. Folex Auto Market is not obligated to mediate every dispute between buyers and sellers. We may, however, assist with providing information, facilitating communication, or escalating reports to relevant authorities where appropriate.
17. Vehicle Inspections and Documents
Folex Auto Market does not physically inspect any vehicle listed on the Platform. Sellers and dealers may optionally upload vehicle documents (proof of ownership, customs papers, roadworthiness certificate, insurance, vehicle licence) as part of the Platform's dealer verification or listing process. Uploaded documents are used for internal review only and are not displayed publicly. Where a dealer's business profile and registration information has been reviewed by our team, a Verified Dealer badge is displayed on that dealer's profile and storefront. This indicates profile verification only. It does not constitute an inspection, certification, or guarantee of any vehicle, document, or transaction. Folex Auto Market does not guarantee the authenticity, currency, or accuracy of any documents uploaded by sellers or dealers. Buyers must carry out their own independent verification of all vehicle documents before committing to any purchase.
18. User Conduct
Users must not: (a) Use the Platform for any unlawful purpose or in breach of applicable Nigerian law. (b) Impersonate other users, businesses, or third parties. (c) Attempt to access, copy, or compromise other users' accounts or data. (d) Upload malicious files, code, or content that could harm the Platform or other users. (e) Scrape, copy, or reproduce Platform content without written permission from Folex Auto Market. (f) Interfere with or disrupt Platform operations, servers, or networks. (g) Engage in spam, unsolicited messaging, or off-platform solicitation of users. Violations may result in immediate account termination.
19. Intellectual Property
All Platform content, design, code, trademarks, logos, and branding are the property of Folex Auto Market or its licensors and are protected by applicable intellectual property laws. Vehicle photos, descriptions, and other content submitted by users remain the property of the seller or dealer who submitted them. By submitting content to the Platform, users confirm they have the right to submit that content and grant Folex Auto Market a non-exclusive, royalty-free, worldwide licence to: - Store, host, and display the content on the Platform; - Reproduce, resize, crop, and reformat content for display purposes; - Use the content in marketing, promotional, and communications materials relating to the Platform. This licence continues for as long as the content is hosted on the Platform. Where content is removed or an account is deleted, the licence may continue for a reasonable period where required for records, dispute resolution, legal compliance, or enforcement purposes. ⚠️ [LEGAL REVIEW REQUIRED] — The scope and survival of the content licence grant should be confirmed by legal counsel.
20. Third-Party Services
The Platform integrates with, links to, or may refer users to third-party services, including but not limited to: - Paystack (payment processing) - WhatsApp (buyer/seller messaging) - External websites linked from listings or adverts - Analytics and performance tools - Vehicle inspection referral partners (if and when introduced) - Car finance information partners (if and when introduced) All third-party services are governed by their own terms of service and privacy policies. Folex Auto Market is not responsible for the availability, accuracy, reliability, decisions, errors, or conduct of any third-party service provider or their platforms. Use of third-party services is at the user's own risk. Future platform features such as inspection referrals or finance information tools will be clearly labelled and described in their own terms when made available.
21. Privacy and Data
The collection, use, storage, and processing of personal data on the Platform is governed by our Privacy Policy, which forms part of the agreement between you and Folex Auto Market and is incorporated into these Terms by reference. By using the Platform, you consent to data processing as described in the Privacy Policy. Certain user data — including transaction records, account information, listing history, payment records, and fraud reports — may be retained after account deletion or deactivation where required by applicable law, for fraud prevention, accounting, payment processing, regulatory compliance, dispute resolution, or legitimate safety purposes, as further described in the Privacy Policy.
22. Limitation of Liability
To the maximum extent permitted by applicable law, Folex Auto Market is not liable for: (a) Any transaction between buyers and sellers or dealers, including failed deals, incomplete transfers, price disputes, or post-sale disagreements. (b) Losses arising from inaccurate, misleading, or fraudulent listings. (c) Vehicle defects, undisclosed issues, or documentation problems discovered after purchase. (d) Fraudulent activity, identity fraud, or scams perpetrated by third parties. (e) Service interruptions, Platform downtime, or data loss. (f) Any indirect, consequential, special, incidental, or punitive losses or damages of any kind, whether foreseeable or not. Our total aggregate liability for any direct claim arising from use of the Platform shall not exceed the amount of subscription fees paid by the user to Folex Auto Market in the three (3) months immediately preceding the event giving rise to the claim. Nothing in this clause limits liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. ⚠️ [LEGAL REVIEW REQUIRED] — The enforceability of liability exclusions and the 3-month fee cap under Nigerian law, including the Federal Competition and Consumer Protection Act 2018, should be confirmed by a qualified lawyer before publication.
23. Indemnity
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Folex Auto Market, its officers, directors, employees, contractors, and agents from and against any claims, demands, losses, damages, costs, and expenses (including reasonable legal fees) arising from or related to: (a) Your use of the Platform in breach of these Terms or any applicable law. (b) Any listing, advert, content, or information you submit that is false, fraudulent, inaccurate, illegal, or infringes third-party rights. (c) Any transaction you conduct on or through the Platform. (d) Your violation of any applicable law, regulation, or third-party right. (e) Any fraud, misrepresentation, or deceit you perpetrate against another user or against Folex Auto Market. (f) Any claim by a buyer, seller, dealer, or third party arising from your conduct on the Platform. ⚠️ [LEGAL REVIEW REQUIRED] — The scope and enforceability of this indemnity clause should be reviewed by a qualified lawyer before publication.
24. Disputes and Governing Law
Disputes between buyers and sellers or dealers are the responsibility of the parties involved. Folex Auto Market may assist with mediation or provide relevant information where reasonable, but is not obligated to resolve or adjudicate disputes between users. Before initiating formal legal proceedings, parties are encouraged to attempt to resolve disputes by contacting Folex Auto Market support and allowing a reasonable period for informal resolution. These Terms are governed by the laws of the Federal Republic of Nigeria. Any dispute not resolved amicably shall be referred to the courts of Lagos State, Nigeria. ⚠️ [LEGAL REVIEW REQUIRED] — The governing law and jurisdiction clause should be confirmed by qualified legal counsel, particularly if Folex Auto Market's operating entity, directors, or significant user base are located outside Nigeria, or if the company is or becomes incorporated in another jurisdiction such as the United Kingdom.
25. Changes to Terms
Folex Auto Market may update these Terms at any time. We will notify users of material changes by email or Platform notification. Continued use of the Platform after changes are published constitutes acceptance of the updated Terms. The current version number and effective date are shown at the top of this page.
26. Contact and Legal Entity
For questions about these Terms, to make a legal request, or to contact us about your account: Legal enquiries: legal@folexautomarket.com Support: Use our Contact Support page at /contact-support Legal entity details: - Company name: [To be confirmed — Nigerian company registration (CAC) pending] - CAC registration number: [To be confirmed] - Registered address: [To be confirmed] ⚠️ [LEGAL REVIEW REQUIRED] — The registered legal entity name, CAC registration number, and registered business address must be inserted once Nigerian company registration is complete. If the Platform operates through an entity in another jurisdiction, that entity's details should also be noted here.