Terms of Service

These Terms of Service (“Terms”) govern your use of Marketscrow (“Marketscrow”, “we”, “us”), an escrow-protected marketplace for local buy and sell transactions in Nigeria. By creating an account or using the platform, you agree to these Terms, including the indemnity, escrow, dispute resolution, and limitation of liability clauses below.

1. Role and capacity of Marketscrow

Marketscrow operates as an online marketplace and transaction facilitation platform through which buyers and sellers may advertise, discover, negotiate, and transact in respect of goods and services. The platform provides messaging, disputes, and wallet payments in Nigerian Naira (NGN).

Marketscrow is not the manufacturer, owner, importer, distributor, agent, representative, or supplier of goods or services advertised by sellers on the platform, and shall not be deemed to have endorsed, certified, warranted, or guaranteed any goods or services advertised by any seller.

Unless expressly stated otherwise, Marketscrow does not take physical possession of, inspect, test, authenticate, certify, manufacture, package, or deliver the goods or services offered by sellers.

The seller shall at all times remain solely responsible for the accuracy of the description, quality, quantity, condition, authenticity, legality, ownership, title, packaging, licensing, certification, and delivery of the goods or services offered by the seller.

2. Accounts and eligibility

• You must provide a valid Nigerian phone number and complete onboarding to post, bid, or pay.
• You are responsible for activity on your account and for keeping your session secure.
• Business accounts must provide accurate business information. Verified seller status is granted at our discretion.
• You must be at least 18 years old and legally able to enter contracts in Nigeria.

3. Escrow arrangement

Where the Marketscrow escrow facility is applicable, the purchase price paid by a buyer shall be received and held in the designated escrow account, or through an approved payment or escrow service, pending completion of the transaction in accordance with these Terms.

Payment into escrow shall not constitute payment to the seller for purposes of final settlement until the conditions for release stipulated by Marketscrow have been satisfied.

Marketscrow shall release the escrowed funds to the seller only after:

• the seller has confirmed delivery or performance of the transaction;
• the buyer has confirmed that the goods or services delivered correspond materially with the order placed on the platform; and
• any applicable inspection, acceptance, or dispute period has expired without a valid dispute being raised, or the dispute has otherwise been resolved in favour of the seller.

The buyer shall have a reasonable opportunity to inspect the goods delivered and confirm whether they correspond with the description, specifications, photographs, samples, quantity, and other material representations displayed on the platform at the time the transaction was concluded.

Marketscrow shall not be responsible for any delay in releasing funds where the buyer has not confirmed receipt or satisfaction, where a dispute has been raised, where additional verification is reasonably required, or where release is prevented by a payment processor, financial institution, regulatory authority, court order, technical failure, or other circumstance beyond the reasonable control of Marketscrow.

Escrow fees apply as shown at checkout. The fee payer (buyer, seller, or split) is displayed before payment. Wallet top-ups and settlements may be processed through third-party payment providers, including Paystack.

4. Platform records as primary transaction evidence

In determining any dispute arising from a transaction conducted through the platform, Marketscrow may rely primarily on the information and records generated, stored, or maintained on the platform. Such records may include, without limitation:

• the seller’s product description;
• photographs, videos, and other representations uploaded by the seller;
• samples, specifications, measurements, model numbers, serial numbers, and other identifying information displayed on the platform;
• the buyer’s order and payment details;
• communications between the buyer and seller conducted through the platform;
• delivery information and proof of delivery;
• acceptance or rejection records;
• timestamps and transaction logs; and
• any other electronically generated transaction records maintained by Marketscrow.

5. Third-party payment platforms and off-platform deals

A transaction may, where permitted by Marketscrow, involve third-party payment processors, banks, logistics providers, communication platforms, or other third-party technologies.

Where a payment, transfer, or transaction is initiated through Marketscrow but processed, completed, or facilitated through a third-party platform, Marketscrow shall not be responsible for the acts, omissions, technical failures, delays, restrictions, and failures of that third party, except to the extent directly caused by Marketscrow’s proven breach of its obligations.

Stay on the platform. Do not move deals off Marketscrow. Where the parties voluntarily elect to complete any part of the transaction outside the Marketscrow platform, including payment through another platform or direct payment to a seller, the transaction shall be undertaken at the parties’ own risk. Marketscrow shall have no responsibility for that off-platform transaction. Cash, bank transfer, and other off-platform payments are not covered by escrow. Users who attempt to circumvent escrow may be suspended.

6. Buyer’s responsibility and confirmation

The buyer shall carefully review the product description, specifications, photographs, sample, quantity, price, delivery terms, and other material information displayed on the platform before placing an order.

Once the buyer confirms receipt and satisfaction with the goods or services, the buyer authorises Marketscrow to release the escrowed funds to the seller, subject to these Terms.

A buyer who confirms satisfaction shall not subsequently raise a dispute in respect of an obvious defect, discrepancy, or non-conformity which could reasonably have been identified through ordinary inspection at the time of delivery, except where the defect is latent or was fraudulently concealed.

7. Seller’s warranties and undertakings

Every seller warrants that:

• the seller has lawful ownership of, or lawful authority to sell, the goods or services advertised;
• the goods or services are genuine and accurately described;
• the goods are not counterfeit, stolen, unlawfully obtained, or fraudulently represented;
• the goods are not prohibited, restricted, dangerous, hazardous, illegal, or contraband goods; and
• the sale and delivery of the goods or services does not infringe the intellectual property, proprietary, or other legal rights of any third party.

8. Listings, bids, and orders

• Sellers and buyers must describe items and services honestly. Misleading listings may be removed.
• Accepting a bid creates a binding order subject to escrow payment.
• Sellers must deliver as agreed. Buyers must confirm receipt promptly or raise a dispute within the allowed window.

9. Indemnity by the seller

The seller shall hold harmless Marketscrow, its owners, directors, officers, employees, agents, contractors, and service providers from and against all claims, demands, actions, liabilities, losses, damages, and expenses arising out of or connected with:

• the sale, supply, or delivery of the seller’s goods or services;
• any false, misleading, or inaccurate representation made by the seller;
• counterfeit, fake, stolen, prohibited, restricted, dangerous, or contraband goods;
• any claim that the seller’s goods or services infringe the intellectual property or other rights of a third party;
• any personal injury, property damage, or other loss caused by the seller’s goods or services;
• any failure by the seller to deliver the goods or services as represented; and
• any dispute between the seller and buyer concerning the quality, authenticity, ownership, legality, quantity, or condition of the goods or services.

10. Indemnity by the buyer

The buyer shall hold harmless Marketscrow and its owners, directors, officers, employees, agents, and service providers against claims, losses, liabilities, damages, costs, and expenses arising from:

• fraudulent or unauthorised use of the platform;
• false claims concerning delivery or non-delivery;
• fraudulent chargebacks or payment reversals;
• misuse of goods purchased through the platform; and
• any unlawful act or omission of the buyer.

11. Counterfeit, fake, prohibited, and contraband goods

Marketscrow shall not be responsible for identifying every counterfeit, fake, stolen, prohibited, restricted, or contraband item advertised by a seller. The seller bears primary responsibility for ensuring that every item offered through the platform is lawful, genuine, and capable of being legally sold.

12. Exclusion of liability for a seller’s VAT

To the fullest extent permitted by law, Marketscrow shall not be contractually responsible for VAT or other transaction taxes payable by a seller in respect of the seller’s goods or services merely because the transaction is advertised, initiated, or facilitated through the platform, or because the purchase price is received or held in escrow pending settlement.

13. Marketscrow’s liability

Marketscrow shall only be liable for a failure in its escrow obligation where:

• the buyer has duly confirmed delivery and satisfaction, or the applicable release conditions have otherwise been satisfied;
• the escrowed funds have been received by, or are under the control of, Marketscrow or its designated escrow or payment service;
• the seller has become entitled to release of the funds; and
• Marketscrow, without lawful justification or a circumstance beyond its reasonable control, fails to release the funds to the seller.

Subject to applicable law, Marketscrow shall not be liable for:

• the quality, authenticity, safety, legality, or condition of goods or services;
• the seller’s failure to deliver;
• the buyer’s failure to inspect or accept goods;
• acts or omissions of third-party payment processors, banks, logistics providers, or technology providers; or
• loss arising from transactions conducted outside the platform.

The platform is provided “as is” to the extent permitted by Nigerian law. Nothing in these Terms shall exclude or limit liability which cannot lawfully be excluded or limited under applicable law, including liability arising from fraud or wilful misconduct where such exclusion is prohibited by law.

14. Dispute resolution

Where a dispute arises between a buyer and a seller, Marketscrow may initially review the transaction using the information and evidence available on the platform. Either party may open a dispute while escrow is active. Funds remain locked during review.

Marketscrow may temporarily withhold or suspend release of escrowed funds pending determination of the dispute.

In making an administrative determination for purposes of the platform, Marketscrow may consider the product listing, photographs, specifications, sample, order details, communications, payment records, delivery records, proof of delivery, and other relevant evidence available to it. Admin may review order chat, dispute chat, and uploaded files. Provide clear reasons and evidence. Our resolution (full refund, release to the seller, or partial settlement) is the administrative determination for escrow purposes on the platform.

A party dissatisfied with Marketscrow’s administrative determination may refer the dispute to arbitration in accordance with this clause. The arbitration shall be conducted by an arbitrator appointed in accordance with the applicable arbitration law and the procedure agreed by the parties or, failing agreement, determined in accordance with applicable law.

Unless otherwise required by law or directed by the arbitrator, the costs of arbitration shall be borne as determined by the arbitrator.

Nothing in this clause prevents Marketscrow from taking urgent steps necessary to preserve escrowed funds, protect the platform, prevent fraud, comply with a lawful order, or protect its legal rights.

15. Authority to withhold escrow funds

Marketscrow may withhold or suspend the release of escrowed funds where:

• a genuine dispute has been raised;
• there is evidence of fraud or attempted fraud;
• the goods appear to be counterfeit, stolen, prohibited, or contraband;
• the transaction appears unlawful;
• there is a payment reversal, chargeback, or suspected unauthorised payment;
• a competent authority, court, or regulatory body requires or directs Marketscrow to do so; or
• Marketscrow reasonably considers that withholding the funds is necessary to protect the parties, the platform, or the integrity of the transaction.

Where funds are withheld under this clause, Marketscrow may retain the funds until the dispute is resolved, the parties reach an agreement, the applicable dispute period expires, or Marketscrow receives a lawful direction concerning the funds.

16. Release of funds

Subject to these Terms, once the buyer confirms that the goods or services received correspond materially with the order and is satisfied with the transaction, Marketscrow may release the escrowed funds to the seller.

After release of the escrowed funds, Marketscrow shall have no further responsibility for the underlying transaction except in respect of any liability which cannot lawfully be excluded.

Where a buyer fails or refuses to confirm delivery within the applicable period despite evidence that the goods were delivered in accordance with the order, Marketscrow may, after reasonable notice to the buyer and consideration of the available evidence, release the funds to the seller. Auto-release may apply if a buyer does not respond within the configured confirmation period.

17. General indemnity

Each user agrees to indemnify and hold Marketscrow harmless against all claims, actions, proceedings, liabilities, losses, damages, costs, and expenses arising from that user’s breach of these Terms, violation of applicable law, fraudulent conduct, misuse of the platform, or dealings with another user.

The indemnity obligations contained in these Terms shall survive the suspension, termination, or closure of a user’s account and, where applicable, completion of the relevant transaction.

18. Prohibited conduct

You may not use Marketscrow to:

• sell illegal, stolen, or restricted goods;
• harass, defraud, or impersonate others;
• manipulate ratings, referrals, or escrow;
• scrape, reverse-engineer, or overload our systems; or
• share another user’s personal contact details to take payment off-platform.

19. Suspension and termination

We may suspend or terminate accounts that violate these Terms, pose security risks, or harm other users. Outstanding escrow obligations will be handled according to order status and applicable law.

20. Changes and contact

We may update these Terms. Continued use after changes constitutes acceptance. Material updates will be reflected on this page. Questions: Contact support.

Governing law: Federal Republic of Nigeria.