This document is an electronic record in line with the National Information Technology Development Agency (NITDA) Act, 2007 and Rules contained therein, and the amended provisions on electronic records in various statutes as amended by the NITDA Act, 2007. This electronic record does not require any physical or digital signatures, as it is generated by a computer system.
Your use of afrikmall.ng website (hereinafter referred to as “afrikmall.ng”) is governed by the following terms and conditions as applicable to afrikmall.ng. Every transaction made on afrikmall.ng shall be subject to the policies that are applicable to the website for same. Users of our website (hereinafter referred to as “Customers”) are hereby notified that mere use of the website amounts to contracting with Afrikmall Online Limited, a Company incorporated under the Companies and Allied Matters Act currently in force in Nigeria, with its head office at Suite Q16, Trinity House, Cadastral Zone B06, Mabushi, Abuja, Nigeria and these terms and conditions are binding and constitute your obligations under this contract. Kindly check the terms and conditions regularly for updates. Your continued use of afrikmall.ng following the posting of changes to these terms and conditions constitutes your acceptance of those changes.
Please take not that wherever the context so require, the words (‘You’, ‘User(s)’) and ‘Customer(s)’) shall mean any natural or legal person who has agreed to become a member of the website and by so doing has provided Registration Data while registering on the website as a Registered User.
1. MEMBERSHIP FEE/ELIGIBILITY:
Membership on afrikmall.ng is free, but Afrikmall.ng reserves the right to charge a fee if and when the need arises. Afrikmall.ng reserves the right, without notice to you, to introduce fees for its services and changes to that effect shall become effective and enforceable upon implementation on afrikmall.ng.
Persons who are “incompetent to contract” are not eligible to use the Site. Our website is only available to users who can enter legally binding contracts in accordance with the Laws of the Federal republic of Nigeria. Minors (i.e., users under 18 years) are not eligible and shall not register as a member of afrikmall.ng, transact or use our website. It is advised that minors who wish to transact on afrikmall.ng must do so through their parent or legal guardian. Such parent or legal guardian must be registered as a user of afrikmall.ng. Note that afrikmall.ng reserves the right to terminate your membership and deny you access to our website where it is discovered that you are under the age of 18 years.
2. ACCOUNT HOLDER’S RESPONSIBILITY AND OBLIGATIONS
3. CONSENT TO RECEIVE COMMUNICATIONS
E-mails, Data or Information sent while using afrikmall.ng constitutes an understanding by you that you are by so doing, consenting to receive periodic electronic communications from afrikmall.ng. You will be required to enter a valid phone number while placing an order with us, you consent to be contacted by afrikmall.ng via phone calls and/or SMS notifications.
4. PRINCIPLES GOVERNING THE USE OF AFRIKMALL.NG
Users (merchants, firms/organizations who choose to advertise on our website, customers, etc.) hereby agree and undertake to be governed by the following binding principles while using afrikmall.ng. From the foregoing, you shall not publish, upload, modify or share any data or information:
- To which you do not have any right.
- That is harassing, defamatory, invasive of another’s privacy, hateful, pornographic or otherwise unlawful.
- That impersonates another person, or infringes upon third party rights such as intellectual property rights (i.e., patent, trademark, copyright), other rights of publicity or privacy or proprietary rights.
- You shall not engage in commercial activities and/or transactions with other users and/or customers outside afrikmall.ng, without afrikmall.ng’s prior written consent. Where users or customers engage in such activities afrikmall.ng will not be liable or responsible for the outcome of such transactions. The term “prior written consent” is defined as a written letter from afrikmall.ng’s Legal Department, made in response to a request letter from such user/customer seeking authorization for such commercial activity as described in this paragraph.
- That interferes with another user’s usage of afrikmall.ng’s website.
- Links to any website or URL that, in afrikmall.ng’s discretion, contains video, image, data or information that is inappropriate.
- That in afrikmall.ng’s discretion will be harmful to minors.
- To advertise, for whatever purpose or with the intention to sell items that are not fit for consumption or that are stolen.
- Violates any law in force at any given time.
- That is inaccurate, misleading or false.
- That advertises or directly or indirectly purports to offer for sale or trade, items that are either prohibited or restricted under our local laws, regulations or guidelines.
- Periodically, you shall provide information or data in respect of the items you intend to sell on our website. You agree to grant afrikmall.ng a non-exclusive, worldwide, royalty-free, perpetual and sub-licensable right to exercise every right in your information and date (including copyrights). You undertake that such information/data shall be accurate.
- That over emphasizes the true nature, quality or price of items or services rendered by you, so as to mislead other users or customers in any manner.
- If afrikmall.ng realizes that there is any difference in pricing resulting from typographic errors with regards to pricing or product/service information, afrikmall.ng shall have the right to rectify the same or cancel the orders and refund monies, if any, collected from the customer within 7-10 working days of such an event. The mode of return will be same as that of the time of placing the order.
- Afrikmall.ng reserves the right to cancel any order without any explanation for doing so, where afrikmall.ng is not able to meet the requirement of the order so placed or the said order does not comply with our policy. Communication of cancellation will be made to the concerned person in appropriate time and any refund will be made to such a person.
- Afrikmall.ng reserves the right to modify or discontinue any and all of our goods and/or services with or without prior communication. You hereby consent that afrikmall.ng will under no circumstance be liable to you or any third party for such modification or discontinuance of goods/services on our website.
- Like images or videos of products you intend to sell on our website, that are not originally made by you, or that are directly lifted and/or copied from other websites. To this end, Users must ensure that they are original owners of images published by them on our website, and must refrain from publishing stolen images. From the foregoing, afrikmall.ng is indemnified from any third party claim arising from the violation of this term of use.
- Users hereby confirm that they understand that in satisfaction of any law, regulation or request from any government of any information of person(s) who have provided data or information on afrikmall.ng, afrikmall.ng has the right to disclose such information to satisfy such law, regulation or request by the government. This may include response to a lawful court order or subpoena. You hereby expressly authorize afrikmall.ng and Afrik Mall Online Limited to disclose any information about you to law enforcement or the government or its officials when the need arises, especially in connection with criminal investigation.
- Participation in transactions, business dealings or similar activities that involves promotions of advertisements found on afrikmall.ng, inclusive of payment for and delivery of goods and services related to such goods and services, and any other terms, conditions, warranties or representations associated with same are solely between you and the advertiser, promoter or beneficiary of the payment. Afrikmall.ng shall not be responsible or held liable for loss or damage resulting from such dealings or as the result of the presence of such advertisers on afrikmall.ng.
- There is a possibility that other users (including but not limited to unauthorized users or “hackers”) may obtain personal information about you during the cause of using afrikmall.ng (i.e. by clicking links that will take you to other URLs and entering your personal information at such URLs or pop-up messages on afrikmall.ng, etc.) and such recipient of your information may use same in a manner that may injure or harm you. Afrikmall.ng does not approve of such unauthorized use of your personal information, but by using afrikmall.ng, you acknowledge, agree and confirm that neither afrikmall.ng or Afrik Mall Online Limited will be responsible for the use of any such information that you publicly provide, share or disclose to others on or through afrikmall.ng. You are hereby advised to apply caution in sharing your personal information and be cautious of the nature and type of information that you publicly provide, disclose or share with other on our website.
- In the event that afrikmall.ng discovers that you are directly or indirectly involved in the initiation, launch or execution of a DoS (Denial of Service) or DDoS (Distributed Denial of Service) attack, Afrikmall.ng shall have all the right(s) to take necessary steps within the ambit of the law to seek redress, claim damages that may have occurred as a result of such attack or your involvement in same.
- You confirm and declare that the information and/or details you have provided for shipment of your order are legal delivery details and you further declare that any product or item purchased on our website will be acquired for your personal use and not to be sold, resold or disposed of for profit (See paragraph 7 below).
5. WEBSITE CONTENT AND PRICING
While care is taken to ensure the content published by afrikmall.ng on its website, including but not limited to product images, product names, product descriptions, product functionalities, product uses, product ingredients and prices, is accurate and complete, errors may occur and you hereby agree that afrikmall.ng will not be liable in any way for such content. Note that prices of most of the products do not fluctuate on a daily basis, but some of the commodities and fresh food prices do change on a daily basis. Also, all of our products are subject to availability. Though content may be the same, images on the site may differ slightly from actual item. Also, prices of items that need to be weighed (e.g. fruits, vegetables, meat) may be guide prices or approximated to enable you make a buying decission. However, you will only be billed for the actual weight purchased; any difference in guide to actual price will be credited/debited to your digital wallet as the case may be. Actual price of weighed items will be fully visible to you upon delivery.
In line with this, afrikmall.ng reserves the right to refuse or cancel any order if the order contains item(s) that are mispriced or contain incorrect, inaccurate or incomplete content.
6. ORDER ACCEPTANCE AND CANCELLATION
Afrikmall.ng reserves the sole right to determine which orders to accept and process as well as the right to cancel any order at its own discretion. However, afrikmall.ng will ensure that the cancellation of any order is communicated in an appropriate time and manner.
7. NO RESALE
You are not permitted to resell or otherwise use the products you purchase from afrikmall.ng for commercial purposes.
8. INTELLECTUAL PROPERTY PROTECTION
9. LIABILITY FOR PRODUCTS OR SERVICES OF AFFILIATES/THIRD PARTIES
Certain products and/or services on afrikmall.ng may be linked to third parties or affiliates using our website directly or through Application Programming Interface (API). It is understood and agreed that afrikmall.ng shall not be liable or responsible for the contents, products or services linked to such affiliates or third parties.
10. DISCLAIMER OF WARRANTIES AND LIABILITY
All the products/items made available to you through our website are provided on an “as is” and “as available” basis without any representation or warranties, express or implied. Afrikmall.ng will not be responsible or assume liability in respect of any loss or damage arising directly or indirectly due to; issues with authorization for any transaction, where you exceed your preset limit with your bank, decline of transaction and other payment issues arising out of a transaction for which afrikmall.ng has not received payment.
11. DIGITAL WALLET
Our Digital Wallet is a pre-paid type of instrument for payment that will be made associated with your afrikmall.ng account. A maximum balance of xyz can be kept in our digital wallet, to be redeemed at your convenience. Note that afrikmall.ng is not liable to pay you any interest on such sums in your digital wallet. The said wallet can be refilled using any of the pre-paid options provided on our site.
12. DELIVERY WINDOWS
For your convenience, we offer a number of windows in which we expect to deliver your order. Our official delivery time starts at about 9:00 am to around 6:00pm, from Mondays to Saturdays, but special arrangement can be made between us and a customer to process and deliver order outside these stipulated time and days. At checkout, you may select your preferred window and we will make every attempt to deliver within your selected delivery window. In the event that there is a delay, you will be notified as much in advance as possible. Ultimately, the delivery windows are a guide and we are not bound to deliver within the stipulated windows. What we do guarantee is that your order will be delivered within 24 hours of the time of your selected delivery window. That said, the majority of our customers’ orders are delivered within their chosen delivery window and it is always our goal to achieve this. Beyond the delivery window selected at checkout, we are unable to accept requests for deliveries at specific times.
Orders received on or before 2:00pm are processed and delivered same day within Abuja or next business day for any other State within Nigeria, and for those that come after the aforementioned time would be scheduled to be delivered next day within Abuja or 2 (two) days after for any other State. Our delivery fee will be communicated to customers at the time of placing your order.
To have special delivery arrangements with us, please call; +2348181088076
When we receive customer orders, we begin processing them immediately. And because we do not hold our own inventory and we only get the products you buy from merchants that are registered with us when customers place orders, as soon as customers pay for their orders, we contact the merchants immediately. The Merchants have a no-return policy because of the nature of the items they sell, so we in turn, are unable to return any items customers purchase from us to the Merchants. Thus, once an order has been placed and paid for, afrikmall.ng is unable to accept a cancellation of the order, neither is afrikmall.ng able to process a refund. This, however, does not affect your rights to a refund in the event that an incorrect or damaged goods/item is delivered.
If an item you ordered is unavailable, we will continue to check for the item until it is back in stock. If, after our checks, the item remains out of stock, any credit due to you will be added to your Digital Wallet. We do not process refunds to bank accounts. In instances where your address is not within our delivery coverage locations or we later receive a payment which did not reflect in our account at the time you made it, we may process a refund to your account after deducting relevant bank charges.
15. TREATMENT OF OUR EMPLOYEES
Afrikmall.ng’s employees always strive to please customers and often go to extra lengths to ensure customers are fully satisfied with the service. We expect that our customers will accord the same courtesy and respect to all our employees they may engage with via email, over the phone or in person. Our employees mean a lot to us and without them, we will not be able to provide the level of service we offer our customers. So, while we will be patient with customers, we will not tolerate any written, verbal or physical abuse to our employees by anyone. Any breach of this by a customer may result in our refusal to fulfill the customer’s order. If, however, the items have not been purchased, we may process a refund after deducting relevant bank, transactional and operational charges and costs afrikmall.ng may have incurred. Afrikmall.ng reserves the right to report any incidence of abuse to the appropriate law enforcement authorities.
This User Agreement is effective unless and until terminated by either you or afrikmall.ng. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Afrikmall.ng may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to afrikmall.ng. Upon any termination of the User Agreement by either you or afrikmall.ng, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Afrikmall.ng’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
18. GOVERNING LAW AND VENUE
This User Agreement shall be construed in accordance with the applicable laws of the Federal Republic of Nigeria. The courts in Abuja shall have exclusive jurisdiction in any proceedings arising out of this Agreement.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
MERCHANT SERVICE AGREEMENT
We at afrikmall.ng are committed to the opening of our platform to Nigerian entrepreneurs (hereinafter “merchants”) to enable them sell their products and in effect give them wider range of access to customers through our website. As such, merchants are going to be able to sign up on our website for xxxxx which will be an annual subscription fee or free?? Or should it be that you get commission from what ever they sell on your site. This annual subscription fee will give you access to market your products on our website, and afrikmall.ng will provide additional value-added services including but not limited to marketing, customer service and logistics within Nigeria (or within xyz states). All such merchants shall have dedicated account managers provided by afrikmall.ng, who will ensure that their products are marketable and make sure that these products get to customers all over Nigeria by way of advertisement on our site. Convenient payment terms for proceeds made from sales of merchants’ products will also be provided. From the foregoing, afrikmall.ng shall offer their customers two payment options namely; pre-paid and pay-on-delivery for goods purchased on our website. To unlock all the benefits aforementioned, merchants must review and accept the terms and conditions below. Afrikmall.ng reserves the right to modify or alter these Terms and Conditions without prior notice or any notice at all, by updating same on our website.
This Merchant Service Agreement (“Agreement”) is by and between MERCHANT and AFRIKMALL ONLINE LIMITED (jointly referred to as “parties” and individually as “Merchant” or “Afrikmall”).
In consideration of the mutual covenants set forth in this Agreement, Parties hereby agree as follows:
1. Seller agrees to compensate afrikmall.ng for service rendered to seller (See Clause 2 for list of those services).
2. Services rendered under this Agreement:
- Afrikmall.ng will offer merchants a platform (storefront) to sell products directly through our website.
- Payment gateway (i.e. for credit card, direct payment processing, etc.), and escrow services.
- Access to afrikmall.ng marketplace (i.e. a Seller Center) that enables merchants manage their shops, and other management services.
- E-marketing and other marketing services.
- Access to logistics partners. – Provisions of analytics (that may be used to answer business questions, discover relationships (i.e. customer and merchant), predict outcomes and automate decisions).
- Helpline number (from Monday to Friday 8am – 5pm).
Note that at afrikmall.ng’s sole discretion, services may be added or removed from the list given in section 2 above, from time to time, and new services so introduced may attract separate charges and merchants shall be informed accordingly.
3. Merchant’s Undertaking
Merchant hereby undertakes to be diligent in furnishing afrikmall.ng with genuine and accurate product information, and that their products will be as described on their platform.
Merchants shall pay afrikmall.ng an agreed fee as compensation for all the services provided under this Agreement. Fees accruable to afrikmall.ng shall be paid in accordance with a “Commission model/structure” to be communicated to merchants and agreed upon by parties. Every merchant shall open an afrikmall.ng wallet with a minimum balance of N5,000 upon registration. Where merchants fulfill orders by themselves, afrikmall.ng shall have the right to deduct commissions for all such self-fulfilled Orders directly from the merchant’s account/wallet kept with afrikmall.ng or from a the merchant’s designated Bank Account, whichever one is found to be funded at the time. The Commission model/Structure shall be reviewed from time to time and same will be communicated to the merchants by publication of same on afrikmall.ng’s website, or direct communication to merchant not less than xyz days before the review is effected. Afrikmall.ng will remit payments for sales generated by the Seller on its platform minus the agreed commission and all applicable taxes as soon as products sold have been delivered and applicable return period has lapsed, or as agreed between the Parties.
5. Confidentiality Merchant Agrees
That information belonging to afrikmall.ng or Afrikmall Online Ltd which is of value, and the disclosure of which could result in a competitive or other disadvantage to afrikmall.ng, including, without limitation, financial information, business practices and policies, know-how, trade secrets, market or sales information or plans, customer lists, business plans, shall be kept confidential, and shall not at anytime during or after the termination of this agreement be disclosed directly or indirectly to anyone or otherwise made available to anyone without afrikmall.ng’s prior written consent.
6. Relationship of the Parties
Afrikmall.ng shall be deemed to be an independent contractor in its relationship with Merchant. Neither party is an employee of the other. No debts or obligations shall be incurred by either party in the other party’s name. From the foregoing, afrikmall.ng shall be fully responsible for payment of its own taxes, especially on all fees earned under this agreement. Thus, merchant will not withhold or pay any income tax or any other payroll taxes on behalf of afrikmall.ng. In the same vein, afrikmall.ng is also not responsible for remitting VAT on behalf of merchant.
Merchant specifically understand and agrees that it shall not be treated as an employee with respect to such services as are performed for any applicable tax purposes; and it is further agreed that this Agreement shall not bring Merchant under the provisions of any local, state, federal, and international regulation wherein coverage thereunder is based upon the relationship of employer and employee.
7. Entire Agreement
This Agreement, together with any rules, regulations or policies that relate to the merchant constitute the entire agreement between afrikmall.ng and merchant, and supersedes all prior agreements or understandings with respect to the subject matters contained herein. Afrikmall.ng reserves the right to alter these terms and conditions at any point without notice, by updating the content on our website.
Merchant warrants that everything (including but not limited to deliverables, information of all sorts, pictures/images, logos, etc.) it provides to afrikmall.ng to further the delivery of its (afrikmall’s) services is legally owned or licensed to the merchant. Merchant agrees to indemnify and hold afrikmall.ng, and their associates harmless from any and all claims brought by any third-party in relation to the performance of afrikmall.ng’s services, including, but without limitation, any and all demands, liabilities, losses, costs and claims including attorney’s fees arising out of injury caused by Merchant’s products/services rendered to such third-parties through our website, material supplied by Merchant, copyright infringement, and defective products sold via our site, and also any breach of law, regulation, third party claims or even breach of any of the obligations and warranties under this Agreement.
Notwithstanding applicable returns policy, merchant covenants to:
- Pick-up orders that have been freshly returned by customers to afrikmall.ng pick-up center(s) within 5 days of notification of such return via sms or email, failing which the order(s) will be sent to afrikmall.ng warehouse, after which pick/delivery shall attract charges.
- Where merchant fails to pick-up or request for their orders (as contained in I above) for up to 14 days, afrikmall.ng shall send a notification of the daily cost of demurrage to the merchant at N100/day.
- In the event that the items are not picked up from the pick-up centers after 5 days and still remain unrequested for after 14 days, such goods shall be destroyed by afrikmall.ng.
9. Limitation of Liability
Merchant agrees to indemnify, defend and hold harmless afrikmall.ng from any third party claims arising from:
- Breach or default on Merchant’s part, of any duty or obligations,
- Any offence committed by Merchant in the course of doing business or otherwise,
- False description and price of goods advertised,
- Copyright and/or trademark infringement (Note that afrikmall.ng respects all copyright and trademarks of others, merchants must in turn respect these rights as infringement of third party copyright/trademark may attract suspension or termination of your account),
- Negligent act or omission of Merchant, or Willful violation of the law,
- Sale of fake, inferior or substandard product as genuine,
- Sale of substandard products,
- Sale of poisonous or harmful product to consumers,
- Listing, advertising and selling products that are yet to be authorized or have not been authorized for sale by appropriate regulatory bodies,
- Merchant’s engagement in any illegal, misleading, money laundering or fraudulent activity under the extant laws of the Federal Republic of Nigeria.
10. Set Off
Merchant hereby authorizes afrikmall.ng to set-off by whatever means, the whole or any part of Merchant’s liabilities to afrikmall.ng or its customers under this or any other Agreement/Contract with us, against any sums of money, goods or items credited to or owing to the merchant under this or any other Agreement/Contract with us. This right of set off may be exercised by afrikmall.ng at any time and without notice to the Merchant.
In the event such set-off does not fully reimburse afrikmall.ng for the amount owed, the Merchant shall pay the afrikmall.ng the outstanding sum immediately. Any exercise of afrikmall.ng’s right under this provision is without prejudice and in addition to any rights or remedies available to afrikmall.ng under this Agreement or under the law of the Federal Republic of Nigeria.
Either Party may terminate for cause immediately and without notice, in the event of a breach of an obligation under this Agreement by the other party. Where any one or all of the items listed under the limitation of liability clause occurs, afrikmall.ng shall have the right to expel or eject the defaulting Merchant form its website.
12. Force Majeure
A Party shall be not be considered in breach of or in default under this Agreement on account of, and shall not be liable to the other Party for, any delay or failure to perform its obligations hereunder by reason of server failure, systems downtime, civil commotion, insurrection, a pandemic, fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that Party’s reasonable control (each a “Force Majeure Event”); provided, however, if a Force Majeure Event occurs, the affected Party shall, as soon as practicable:
(a) notify the other Party of the Force Majeure Event and its impact on performance under this Agreement; and
(b) use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations hereunder.
However, where the Force Majeure Event subsists for more than 30 days, the Party affected by such event shall be deemed to have voluntarily excused itself from the transactions contemplated by this Agreement.
Merchants shall be responsible for insuring goods shipped to customers.
14. Dispute Resolution
The Parties to this Agreement agree that should any dispute arise through any aspect of this relationship, including but not limited to, any matters, disputes or claims, the parties shall confer in good faith to promptly resolve any dispute. In the event that the parties are unable to resolve the issue or dispute between them, then the matter shall be mediated and/or arbitrated to resolve any and all issues between the parties.
The parties agree that any claim or dispute that arises from or through this agreement, the relationship or obligations contemplated or outlined within this agreement, if not resolved through mediation, shall then go to and be resolved through final and binding arbitration. Any decision reached by the Arbitrator shall be final and binding and, if required, may be entered as a judgement in any court having jurisdiction. Each party shall provide their own arbitrator at their own cost. Both parties shall agree on a neutral arbitrator whose decision will be final. The fee for the Neutral arbitrator shall be shared equally by both parties. The arbitration shall take place in Abuja, Nigeria.
In the event that any court having jurisdiction should determine any portion of this Agreement to be invalid or unenforceable, only that portion shall be deemed invalid and not effective, while the rest of the Agreement shall remain in full effect and enforceable.
15. Governing Law
This Agreement shall be governed by the laws of the Federal Republic of Nigeria.