VENDORS TERMS AND CONDITIONS
AFRICAMUMS.COM MARKETPLACE VENDOR AGREEMENT
Welcome to the Africamums Marketplace. This Agreement contains the terms and conditions that govern the Vendors’ use of the Marketplace.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ENABLING THE MARKETPLACE VENDOR FEATURE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE MARKETPLACE.
Africamums may, in its sole discretion, elect to suspend or terminate access to, or use of the Marketplace for anyone who violates this Agreement. The original language of this Agreement is English. Africamums may make translations available for the convenience of such customers who do not speak nor understand English. In case of conflicts between the original English version and any translated version, the English version shall prevail.
- WEBSITE – an online platform that is designed to interoperate within Africamums.com where Products and Services are listed on the Marketplace.
- Customer – any individual who uses our online platform to purchase Products/Services listed on our Marketplace.
- Customer Data – is all electronic data or information submitted by an individual who uses Africamums online systems.
- Marketplace – the platform where online catalog of Products and Services are exhibited
- Materials – the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, a compilation of the content, code, data, and all other elements of the AfricamumsMarketplace.
- Restricted Area – the area of the platform that can be accessed only by Users or those with authorization.
- Services Africamums Web Site, System, Content, Marketplace and all content, services and/or products available on or through the Marketplace.
- User – an employee, agent, representative or Customer, who primarily uses the restricted areas of the Service or the Marketplace.
- Vendor – a natural or legal person who enters into an Agreement with Africamums.com.
A valid User account for Africamums.com is required to activate the Vendor feature. The Vendor feature is accessible to Users with administrator rights in the settings page of the Restricted Area. The Vendor is solely responsible for the confidentiality of the account login details and agrees to be held responsible for all actions and activities that occur under the Vendor’s account. Africamums reserves the right to refuse to activate the Vendor feature, to terminate the Vendor feature, and/or to remove content made available through the Vendor account.
The individual accepting this Agreement acknowledges that the publication of the Products/Services is subject to the terms and conditions set forth in this Agreement. In order to publish Products/Services on the Marketplace, the publishing Vendor must be approved by Africamums. In order to be approved, the Vendor shall provide Africamums with accurate and current information and shall be generally knowledgeable about the service, its interface and functionality, and must be reasonably capable of delivering our value proposition. The requirements regarding compliance, technology, values, review and standards will be made available to the Vendor after activating Vendor feature. The Vendor is solely responsible for the accuracy, legality, and appropriateness of any content or information that Vendor submits to, or makes available through the Marketplace.
We hold ourselves and Vendors responsible for providing all Customer support for the products/services listed on the Marketplace.
Confidential Information shall mean any and all information which a party has disclosed orally or in writing and designated as confidential or which should reasonably be understood to be confidential considering circumstances of disclosure or nature of the information.
Our confidential information includes, but is not limited to, information:
- About the Marketplace,
- About the Services and service materials
- Any non-public information about Africamums and its Vendors’.
The Vendor’s confidential information includes, but is not limited to information about:
- Business process
- Marketing plans
Confidential Information shall include all discussions between Africamums and the Vendor regarding their relationship. Confidential information (except Customer Data) shall not include any information that: is or becomes generally known to the public without breach of any obligation set herein, was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation set herein, is received from a third party without breach of any obligation set herein, or was independently developed by the Receiving Party without breach of any obligations owed to the Disclosing Party.
The Receiving Party may disclose confidential information of the Disclosing Party if it is compelled by law to do so, provided that the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.
If the Receiving Party is compelled by law to disclose the Disclosing Party’s confidential information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
- We reserve the right to introduce and subsequently increase and/or decrease a fee for listing and/or selling Vendor’s App on the Marketplace.
- We also reserve the right to introduce and subsequently increase and/or decrease the service fee, for operating the Marketplace.
- We shall notify the Vendor of such changes as provided above 30 days prior to such changes entering into force
- Continued use of the Marketplace once 30 days notice lapses, as provided above, constitutes your binding acceptance of such changes.
DEFINITION OF TERMS
- AFRICAMUMS.COM (a product of NAAQDEO CONSULT a subsidiary of NAAQDEO GROUP EMPIRE)- The Company
- The Vendor/Seller
This Consulting Agreement (hereinafter called ‘The Agreement’) states the terms and conditions that govern the contractual agreement between africamums.com (a product of NAAQDEO CONSULT a subsidiary of NAAQDEO GROUP EMPIRE)- (hereinafter called the Company) having its principal place of business at Twin Link-North Atomic and ‘the Vendor/Seller who agrees to be bound by this Agreement.
WHEREAS, the Company offers online platform (marketplace) services in the field of ECOMMERCE (DIGITAL MARKETING); and
WHEREAS, the Company offers online platform (marketplace) services in the field of E-COMMERCE (DIGITAL MARKETING); and
WHEREAS, the Client desires to retain the services of exhibiting her products or services on the online platform with regard to E-COMMERCE (DIGITAL MARKETING) according to the terms and conditions herein.
NOW, THEREFORE, In consideration of the mutual covenants and promises made by the parties hereto, the Company and the Vendor/Seller (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:
- This Agreement shall begin on date signed till termination by any of the parties.
- Either Party may terminate the Agreement for any reason. (e.g. If one party is not satisfied with the service rendered by the company or the required amount to be paid is not paid accordingly.
- Legal actions will be taken regarding failure to make payment when service is fully rendered.
0.2. Consulting Services
The Company agrees that it shall provide its expertise to the Vendor/seller for all things pertaining to the collection of information regarding products and services and make sure items are exhibited on africamums.com for sale. This will include the following;
- Fill the Vendors registration form on the website
- Vendor read the Terms and conditions and agree.
- Upon agreement, photos of the products or services and price list are sent to africamums
- Products or Services are exhibited online and sales activated.
- Payment is made upon sale of product or services on daily, weekly or monthly basis depending on vendor’s payment preference.
The Vendor/Seller will be liable to pay 10% commission on his or her daily sales to the company.
A customer is eligible to return a damaged item within 48 hours for exchange or refund. In any of these cases the vendor will bear the cost of delivery and refund can be done via mobile money.
Again, in case of non-responsive client the Vendor will pay the delivery company for the returns of their items.
0.5. Intellectual Property Rights in Work Product
The Parties acknowledge and agree that the Company will hold all intellectual property rights in any work product resulting from this agreement including, but not limited to, copyright and trademark rights. The Vendor agrees not to claim any such ownership or duplicate in such work product’s intellectual property at any time prior to or after the completion and delivery of such work product by the company.
The Vendor shall not;
- disclose to any third party any details regarding the Company’s business, including, without limitation any information regarding any of the Company’s customer information, business plans, or price points,
- make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or
- use Confidential Information other than solely for the benefit of the Company.
The Vendor/Seller agrees to indemnify, defend, and protect the Company from and against all lawsuits and costs of every kind pertaining to the Vendor/ seller’s business including reasonable legal fees due to any act or failure to act by the Vendor/Seller based upon the Services.
0.8. No Modification Unless in Writing
No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
0.9. Applicable Law
This Partnership Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of GHANA.
IN WITNESS WHEREOF, each of the Parties has executed this Consulting Agreement, both Parties by its duly authorized officer by Africamums.com.
Unless otherwise expressly stated by Africamums, any content, Services, Materials or features made available in conjunction with or through Marketplace, are provided “as is” and “as available”, without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Africamums disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for particular purpose, non-infringement of proprietary rights, correctness, accuracy, and reliability.
Unless otherwise expressly stated, Africamums does not warrant that the Marketplace and any products, any content, Services, Materials or features made available in conjunction with or through the Marketplace, will be uninterrupted or error-free, that defects will be corrected, or that the Marketplace and any products, any content, Services, Materials or features made available in conjunction with or through Marketplace are free of viruses or other harmful components.
Unless otherwise expressly stated, Africamums does not warrant or make any representations regarding the use or results of the use of the Marketplace and any products, any content, Services, Materials or features made available in conjunction with or through the Marketplace or any linked sites, in terms of correctness, accuracy, reliability or otherwise. The laws of certain countries and regions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. In such case, Africamums disclaims liability to the maximum extent allowed by any applicable law.