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    TERMS & CONDITIONS OF USING MARKETAFRICKA PLATFORM

    LAST UPDATE: 3 MAY, 2022 | 7:30 PM UTC + 1h

    These Terms of Using the marketAfricka Platform ("Terms of Using marketAfricka Platform" or "Agreement") shall serve as an agreement that sets forth the terms and conditions which will govern your use and participation in the review, rating, comments & transaction management services provided on and through marketAfricka.com (the "Services"). By selecting to utilize the Services you shall have also indicated your immediate acceptance of these Terms of Using the marketAfricka Platform and your intent and agreement to be bound by them. If you are unwilling to agree to these Terms of Using the marketAfricka Platform, you shall discontinue further use of the Services. If you agree to these Terms of Using the marketAfricka Platform, you will be bound as follows:

     

    Definitions

    "Account" means (i) an account of a Business owner, Reviewer or a Rater used in adding, reviewing or to rate a listing, (ii) an account of a Buyer from which payment for the Transaction and related fees will be obtained, (ii) an account of a Seller or Vendor to which payment for the Transaction and other payments will be credited, or (iii) an account of a Broker to which payment for the Transaction and other payments will be credited and/or related fees will be obtained. "Agreement" refers to this Agreement. "Transaction Detail Screens" means those screens on the Site where Users provide all requested information in connection with a Transaction. "marketAfricka Content Guidelines" means the document on the Site that contains the terms  each User uses the platform with honesty and respect. "User" means Reviewer(s), Rater(s), Complainant(s), Buyer(s), Seller(s), Vendor(s) and Broker(s) participating on the Site. "Site" refers to the website for the Services which can be found at www.marketAfricka.com. Capitalized terms not defined herein shall have the same meaning as set forth in the General marketAfricka Guidelines & Instructions.

     

    Using The Services

    1. Eligibility. To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of marketAfricka or if we have previously banned you from the Service or closed your Account.
    2. Permission to Use the Service. We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.
    3. Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time with or without notice or liability.
    4. Accounts. You must create an Account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.Your Consumer Account is for your personal, non-commercial use only, and you may not create or use a Consumer Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to bolster your credibility as a contributor to the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person without marketAfricka’s prior approval.
    5. Communications from marketAfricka and Others. By accessing or using the Service, you consent to receive communications from other users and marketAfricka through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote marketAfricka or businesses listed on marketAfricka, and may be initiated by marketAfricka, businesses listed on marketAfricka, or other users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with marketAfricka or made through the Service may be monitored and recorded for quality purposes.You will be able to opt-out of certain communication upon receipt.

     

    Prohibited Transactions, Business Business(es) & Representations of Warranties

    marketAfricka shall not approve any business, seller or vendor and/or Users shall not utilize the Site or the Services in connection with any of the following category of business:

    • Services in connection with any Transaction that is illegal or involves any illegal items, or is for any illegal purpose;
    • involves any obscene material; involves any munitions or firearm;
    • Any business or vendor selling goods or services that represent a violation of any law, statute or regulation;
    • Involve in transacting Virtual Currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world.
    •  
    • Involves pirated software, DVD or videos or item(s) otherwise infringing copyrighted works;
    • Involves illegal drugs or controlled substances;
    • Involve in digital Wallet, Cryptocurrency or Prepaid Companies;
    • Internet/Mail Order Pharmacies.
    • Investment or “get rich quick” merchants, businesses or programs.
    • Marijuana dispensaries and related products or services.
    • Brand or Reputational damaging, potential or otherwise, activities including Child Pornography, Escort Services, Mail Order Brides, Occult.
    • Pseudo Pharmaceuticals.You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:
    • Post any fake or defamatory complaints, reviews, ratings, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review/complaints or trade commendations;
    • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results &reviews;
    • Involve in attempts to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
    • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
    • Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by marketAfricka;
    • Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
    • Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
    • Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
    • Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
    • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.

    Content

      1. Responsibility for Your Content and Business Listing. You alone are responsible for Your Content, and once posted to marketAfricka, marketAfricka reserves the sole right to approve or decline your contents listings. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by marketAfricka.You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
      2. Our Right to Use Your Content. Our Services allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through the Services, including its legality, reliability, and appropriateness.

        By posting Content on or through the Services, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

        You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through our Services. However, by posting Content using the Services you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.

        marketAfricka has the right but not the obligation to monitor and edit all Content provided by users.

        In addition, Content found on or through this Services are the property of marketAfricka or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

      3. Ownership. As between you and marketAfricka, you own Your Content. We own the marketAfricka Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with marketAfricka Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the marketAfricka Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the marketAfricka Content are retained by us.
      4. Advertising. marketAfricka and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
      5. Other. User Content (including any that may have been created by users employed or contracted by marketAfricka) does not necessarily reflect the opinion of marketAfricka. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. Except in accordance with marketAfricka's Verified License program, marketAfricka does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such licenses with the business directly. Businesses whose licenses have been verified by marketAfricka will have a “Verified License” badge displayed on their marketAfricka business page.

    Booking, Transactions and Fees

      1. Generally. You can access features through the Service that allow you to book or transact online with local businesses, such as subscribing for a listing plan, ordering vendors goods or delivery.
      2. Payments. You may be required to provide your credit card information to confirm or complete an order, and will be charged any applicable fees. You agree that marketAfricka may facilitate any such payments and charges on behalf of the transacting local business.
      3. Canceling a Transaction - If a Transaction cannot be completed for any reason, including cancellation by marketAfricka for any reason, marketAfricka will notify each User in such Transaction by e-mail, to the e-mail address each has provided to marketAfricka.com. In marketAfricka's sole discretion, marketAfricka may cancel any Transaction if each User to a Transaction fails to agree on the terms as required in the Transaction Details Screens by clicking the "Agree" button as requested on the Site.
      4. Fees - Unless otherwise agreed upon in writing by each User with marketAfricka, Buyer agrees to pay the fees for the Services that are disclosed on the Site at the time the completed Transaction. marketAfricka Instructions are agreed to by all such Users, as well as any other fees, including, without limitation, third party service fees (e.g., shipping, bank, appraisal, inspection, etc.). Once paid, marketAfricka.com fees are nonrefundable. marketAfricka.com fees may change from time to time in marketAfricka's absolute and sole discretion. marketAfricka is not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed on any items purchased or sold through the Services or otherwise arising from the Transaction.

        Refunds

        We issue refunds for Contracts within 30 days of the original purchase of the Contract.

        Indemnity

        You agree to indemnify, defend, and hold harmless marketAfricka Platform, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “marketAfricka Entities”) from  and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs)  arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. marketAfricka reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of marketAfricka. marketAfricka will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

         

        Disclaimer Of Warranties & Limitation of Liability

        PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF MARKETAFRICA TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

        MARKETAFRICKA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MARKETAFRICKA ARE PROVIDED BY MARKETAFRICKA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MARKETAFRICKA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF MARKETAFRICKA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MARKETAFRICKA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF MARKETAFRICKA SERVICES IS AT YOUR SOLE RISK. ACCORDINGLY, THE MARKETAFRICKA ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.

         

        Breaches Of These Terms

        Without prejudice to marketAfricka other rights under these Terms, if you breach these Terms in any way, marketAfricka may take such action as marketAfricka deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

         


        Site Policies, Modification, And Severability

        Please review our content guideline, posted on this site content guidelines,. These guidelines also govern your use of marketAfricka Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use 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.

        If you are a registered User of the Site, then each time you request the Services will constitute your agreement to these Terms of Using the marketAfricka Platform, as amended from time to time in marketAfricka's sole discretion, and evidence that you have read, understood and accepted the then applicable Terms of Using the marketAfricka Platform.