Terms and conditions
Limited (“The Locowave” or “we”) operates an ecommerce
platform consisting of a website, together with payment infrastructure, for the
sale and purchase of consumer products in Nigeria (“territory”).
These general terms and conditions shall apply to buyers and sellers on the marketplace and shall govern your use of the marketplace and related services.
By using our marketplace, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our marketplace.
If you use our marketplace in the course of a business or other organizational project, then by so doing you:
- confirm that you have obtained the necessary authority to agree to these general terms and conditions;
- bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and
- agree that “you” in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.
2. Registration and account
- You may not register with our marketplace if you are under 18 years of age (by using our marketplace or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age).
- You may register for an account with our marketplace by completing and submitting the registration form on our marketplace
- You represent and warrant that all information provided in the registration form is complete and accurate.
- If you register for an account with our marketplace, you will be asked to provide an email address/user ID and password and you agree to:
- keep your password confidential;
- notify us in writing immediately (using our contact details provided at section 23) if you become aware of any disclosure of your password; and
- be responsible for any activity on our marketplace arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
3. Terms and conditions of sale
- You acknowledge and agree that:
- the marketplace provides an online location for sellers to sell and buyers to purchase products;
- we shall accept binding sales, on behalf of sellers, but ‘The Locowave’ is not a party to the transaction between the seller and the buyer; and
- a contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly you commit to buying or selling the relevant product or products, upon the buyer’s confirmation of purchase via the marketplace.
- the price for a product will be as stated in the relevant product listing;
- the price for the product must include all taxes and comply with applicable laws in force from time to time;
- delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing;
- products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer; and
- the seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third-party rights or restrictions including in respect of third-party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings
4. Returns and refunds
- Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with the returns page on the marketplace, as may be amended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of the territory
- Refunds in respect of returned products shall be managed in accordance with the refunds page on the marketplace, as may be amended from time to time. Our rules on refunds shall be exercised in our discretion, subject to applicable laws of the territory. We may offer refunds, in our discretion:
- in respect of the product price;
- local shipping fees (as stated on the refunds page); and
- by way of wallet refunds, vouchers, mobile money transfer, bank transfers or such other method as we may determine from time to time.
6. Rules about your content
- In these general terms and conditions, “your content” means:
- all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our marketplace for storage or publication, processing by, or onward transmission; and
- all communications on the marketplace, including product reviews, feedback and comments.
- be offensive, obscene, indecent, pornographic, lewd, suggestive or racist;
- depict violence in an explicit, graphic or gratuitous manner; or
- be blasphemous, in breach of racial or religious hatred or discrimination legislation;
- be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
- cause annoyance, inconvenience or needless anxiety to any person; or
- constitute spam.
- any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
- any right of confidence, right of privacy or right under data protection legislation;
- any contractual obligation owed to any person; or
- any court orders
7. Our rights to use your content
- You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.
- You grant to us the right to sub-license the rights licensed under section 7.1
- You grant to us the right to bring an action for infringement of the rights licensed under section 7.1.
- You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law
- Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of your content.
8. Use of website
- You may:
- view pages from our website in a web browser;
- download pages from our website for caching in a web browser;
- print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
- stream audio and video files from our website using the media player on our website; and
- use our marketplace services by means of a web browser,
subject to the other provisions of these general terms and conditions.
- Except as expressly permitted by section 8.2 or the other provisions of these general terms and conditions, you must not download any material from our website or save any such material to your computer
- You may only use our website for your own personal and business purposes in respect of selling or purchasing products on the marketplace
- Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.
- Unless you own or control the relevant rights in the material, you must not:
- republish material from our website (including republication on another website);
- sell, rent or sub-license material from our website;
- show any material from our website in public;
- exploit material from our website for a commercial purpose; or
- redistribute material from our website.
- use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
- use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- hack or otherwise tamper with our website;
- probe, scan or test the vulnerability of our website without our permission;
- circumvent any authentication or security systems or processes on or relating to our website;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
- decrypt or decipher any communications sent by or to our website without our permission;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
- use our website except by means of our public interfaces;
- violate the directives set out in the robots.txt file for our website;
- use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
- do anything that interferes with the normal use of our website.
9. Copyright and trademarks
- Subject to the express provisions of these general terms and conditions:
- we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
- all the copyright and other intellectual property rights in our website and the material on our website are reserved.
10. Data Privacy
- Buyers agree to processing of their personal data in accordance with the terms of The Locowave’s Privacy and Cookie Notice
- Sellers shall be directly responsible to buyers for any misuse of their personal data and Jumia shall bear no liability to buyers in respect of any misuse by sellers of their personal data.
11. Due diligence and audit rights
- We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.
- You agree to provide to us all such information, documentation and access to your business premises as we may require:
- in order to verify your adherence to, and performance of, your obligations under this Agreement;
- for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
- as otherwise required by law or applicable regulation
12. The Locowave’s role as a marketplace
- You acknowledge that:
- we do not confirm the identity of all marketplace users, check their credit worthiness or bona fides, or otherwise vet them;
- we do not check, audit or monitor all information contained in listings;
- we are not party to any contract for the sale or purchase of products advertised on the marketplace;
- we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers;
- we are not the agents for any buyer or seller
and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.
- We do not warrant or represent:
- the completeness or accuracy of the information published on our marketplace;
- that the material on the marketplace is up to date;
- that the marketplace will operate without fault; or
- that the marketplace or any service on the marketplace will remain available.
13. Limitations and exclusions of liability
- Nothing in these general terms and conditions will:
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities or statutory rights that may not be excluded under applicable law.
- are subject to section 13.1; and
- govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions
- any losses occasioned by any interruption or dysfunction to the website;
- any losses arising out of any event or events beyond our reasonable control;
- any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
- any loss or corruption of any data, database or software; or
- any special, indirect or consequential loss or damage.
- You hereby indemnify us, and undertake to keep us indemnified, against:
- any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our marketplace or any breach by you of any provision of these general terms and conditions or The Locowave’s codes, policies or guidelines; and
- any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our marketplace, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.
15. Breaches of these general terms and conditions
- If we permit the registration of an account on our marketplace it will remain open indefinitely, subject to these general terms and conditions.
- If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any Jumia codes, policies or guidelines in any way we may:
- temporarily suspend your access to our marketplace;
- permanently prohibit you from accessing our marketplace;
- block computers using your IP address from accessing our marketplace;
- contact any or all of your internet service providers and request that they block your access to our marketplace;
- suspend or delete your account on our marketplace; and/or
- commence legal action against you, whether for breach of contract or otherwise.
16. Entire Agreement
These general terms and conditions and the Locowave’s codes, policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace
Should these general terms and conditions, the seller terms and conditions, and The Locowave’s codes, policies and guidelines be in conflict, these terms and conditions, the seller terms and conditions and The Locowave’s codes, policies and guidelines shall prevail in the order here stated.
- We may revise these general terms and conditions, the seller terms and conditions, and the Jumia codes, policies and guidelines from time to time.
- The revised general terms and conditions shall apply from the date of publication on the marketplace.
- If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.
- You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.
21. Third party rights
- A contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party
- The exercise of the parties’ rights under a contract under these general terms and conditions is not subject to the consent of any third party
22. Law and jurisdiction
- These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.
- Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory
23. Our company details
The marketplace is operated by TINYBAY INVESTMENT Limited. We are registered in Nigeria under registration number RC 1086677, and our head office is at Block B3 Lagos state Small scale estate, Fatai Atere, Lagos. You can contact us by using our marketplace contact form