Terms and Conditions of Selling on Afrimash
Welcome to Afrimash.com. Afrimash is a service provided by Afrimash Company Limited.
Afrimash Company Limited and/or its affiliates (“Afrimash”) provide website features and other products and services to you when you visit or shop at Afrimash.com, use Afrimash products or services, or use other products and/or services provided by Afrimash in connection with any of the foregoing (collectively, “Afrimash Services”). Afrimash provides the Afrimash Services subject to the following conditions.
By using Afrimash Services, you agree to these conditions as well as the Vendor Contract featured below. Please read them carefully.
We offer a wide range of Afrimash Services, and sometimes additional terms may apply. When you use an Afrimash Service (for example, Your Personal Profile, Your Online Shore, Coupons, Your Media Library, or Afrimash applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that Afrimash Service (“Service Terms”). If these Terms and Conditions are inconsistent with the Service Terms, those Service Terms will control.
When you use any Afrimash Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other Afrimash Services, such as our Online Forum. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Afrimash Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Afrimash or its content suppliers and protected by the Nigerian government and international copyright laws. The compilation of all content included in or made available through any Afrimash Service is the exclusive property of Afrimash and protected by the Nigerian government as well as the international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Afrimash Service are trademarks or trade dress of Afrimash in Nigeria and other countries. Afrimash’s trademarks and trade dress may not be used in connection with any product or service that is not Afrimash’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Afrimash. All other trademarks not owned by Afrimash that appear in any Afrimash Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Afrimash.
Patents owned by Afrimash apply to the Afrimash Services and to the features and services accessible via the Afrimash Services.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions, and your payment of any applicable fees, Afrimash or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Afrimash Services. This license does not include any resale or commercial use of any Afrimash Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Afrimash Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Afrimash or its licensors, suppliers, publishers, rightsholders, or other content providers.
No Afrimash Service, nor any part of any Afrimash Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Afrimash. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Afrimash without express written consent. You may not use any meta tags or any other “hidden text” utilizing Afrimash’s name or trademarks without the express written consent of Afrimash. You may not misuse the Afrimash Services. You may use the Afrimash Services only as permitted by law. The licenses granted by Afrimash terminate if you do not comply with these Terms and Conditions.
- The vendor agrees to abide by the terms and conditions states here including the terms stated in the Afrimash Vendor Agreement Contract.
- The Vendor shall establish and maintain its Webpage, including the contents of same in line with the terms of this Agreement and as specified by Afrimash from time to time.
- The Vendor shall ensure that information provided on its Webpage is accurate and complete and in the form specified by Afrimash from time to time.
- The Vendor is responsible for managing all products and collections, including information about the product, product variants and product images. The Vendor correctly and accurately describes all products listed in his or her Afrimash’s online store.
- The Vendor shall keep his or her account confidential and shall promptly notify Afrimash of any unauthorized use of its Account.
- The Vendor shall be available upon request by Afrimash to resolve any issues relating to its Webpage and resolution of complaints and disputes from individuals patronizing the Vendor’s webpage.
- The Vendor shall comply with requests from Afrimash to conduct due diligence and establish the true identity, nature, ownership, source of funds, operational and transaction history of the business
- The Vendor shall publicly disclose on its Webpage its delivery, fulfilment and returns policies and also ensure that it is at all times compliant with same.
- The Vendor is prohibited from the display, sale of any products or engage in any activity declared illegal under the Law including but not limited to narcotics, hard drugs, firearms, tobacco or tobacco products, armament productions, casino or companies where the principal source of income is gambling, Immoral and illegal activities, including but not limited to the display of pornographic photographs or materials or the sale of pornographic products, production or activities involving harmful or exploitative forms of forced labour and/or child labour, trade-in wildlife or wildlife products that have been expressly prohibited by Law for public sale, production or trade in radioactive materials, unbounded asbestos fibres, and hazardous chemicals; and investments harmful to the environment or any item which may cause public offence or has been expressly prohibited by Law.
- Under no circumstances should the vendor make any attempt to avoid Afrimash’s Marketplace fee or other fees. This includes writing this information in the store’s description, FAQ, or any other public-facing element on Afrimash platform.
- The Vendor shall ensure that sizes of the images posted on its Webpage shall be as prescribed by Afrimash from time to time to ensure that the Platform functions at optimal capacity.
- The Vendor shall ensure the safety and security of all data or any information stored on its Webpage
If you use any Afrimash Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Afrimash sells product and services to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Afrimash Services only with involvement of a parent or guardian. Afrimash reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Afrimash reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Afrimash a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Afrimash and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Afrimash for all claims resulting from content you supply. Afrimash has the right but not the obligation to monitor and edit or remove any activity or content. Afrimash takes no responsibility and assumes no liability for any content posted by you or any third party.
INSPECTION & SECURITY
All Goods are subject to inspection by Afrimash; and by any duly authorized government or regulatory entities. Afrimash may at its convenience choose to inspect the goods tendered by Vendor depositor, Afrimash is however not obligated to carry out such inspection except as mandated by law. Afrimash reserves the right to unilaterally reject any Goods tendered by Vendor’s Depositor for Warehousing if it deems it unfit, pest infected or unacceptable for storage under Afrimash’s Warehouse Receipt, after completion of inspection.
Afrimash respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from Afrimash are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Afrimash ‘Buyer Protection’ service does not cover goods purchased without paying through the due process (that is paying into the Afrimash’s Holding Account). Also, Afrimash ‘Buyer Protection’ is forfeited after 12 hours post reception of goods by the customer. Based on the findings of our legal department, a replacement or a full or partial refund will be made to the customer who doesn’t receive his or her goods as promised.
For more information about our ‘Buyer Protection’ policy, please see our Buyer Protection policy on our website.
PRICING & PAYMENTS
- We help get customers for your products through the Internet and take commissions on products sold. This commission covers the cost of promoting the product and our service fee. Our promotional methods involve discount coupons, online advertisement, search engine optimization, use of marketing agents etc.
- Note that all payments are made through a “holding account”. That means that you can only receive your money after the buyer sees the product and is satisfied.
When you use apps created by Afrimash, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE AFRIMASH SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AFRIMASH SERVICES ARE PROVIDED BY AFRIMASH ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AFRIMASH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AFRIMASH SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AFRIMASH SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AFRIMASH SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AFRIMASH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AFRIMASH DOES NOT WARRANT THAT THE AFRIMASH SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AFRIMASH SERVICES, AFRIMASH’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AFRIMASH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AFRIMASH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AFRIMASH SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AFRIMASH SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Afrimash Service, or to any products or services sold or distributed by Afrimash or through Afrimash.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms and Conditions as a court would.
Afrimash will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Afrimash Service, you agree that the applicable federal law, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Afrimash.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Afrimash Company Limited
Ground Floor, Freedom House, General Gas Junction, Akobo
Ibadan, Oyo state
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
- If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our contact form. We respond quickly to the concerns of rights owners about any alleged infringement.
- If you prefer to submit a report in writing, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Please note that this procedure is exclusively for notifying Afrimash that your copyrighted material has been infringed.
NIGERIAN LAW AND GENERAL PROVISIONS
This Agreement shall be governed by the laws of the Federal Republic of Nigeria and any disputes arising therefrom shall be subject to the Nigerian Courts.;
Afrimash shall be deemed as an independent contractor. Afrimash will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Seller will not withhold or pay any income tax, social security tax, or any other payroll taxes on Afrimash’s behalf. Afrimash is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the Seller. Afrimash understands that it will not be entitled to any fringe benefits that Seller provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.
Afrimash and The Vendor hereby expressly acknowledge and agree that regarding the relationship between the parties created by this Agreement:
- The parties are not, and shall not be deemed, joint ventures or partners
- The Merchant is not, and shall not be deemed, an agent of Afrimash