1. Introduction Ecart Internet Services Nigeria Limited (“Jebeno” or “we”) operates an ecommerce platform consisting of a website and mobile application (“marketplace”), together with supporting logistics and 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.
- Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
- We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.
- You may cancel your account on our marketplace by contacting us as provided at section 23.
5. Payments You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the marketplace. 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.
- Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete and truthful.
- Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet, and must not:
- be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
- 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.
- Your content must not be illegal or unlawful, infringe any person’s legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:
- 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 order
- You must not use our marketplace to link to any website or web page consisting of or containing material that would, were it posted on our marketplace, breach the provisions of these general terms and conditions
- You must not submit to our marketplace any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
- The review function on the marketplace may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.
- You must not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or (ii) communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item; or (iii) contacting another user with the intent to collect any payments
- You acknowledge that all users of the marketplace are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.
- We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.
- If you learn of any unlawful material or activity on our marketplace, or any material or activity that breaches these general terms and conditions, you may inform us by contacting us as provided at section 23.
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 and mobile applications
- In this section 8 words “marketplace” and “website” shall be used interchangeably to refer to Jumia’s websites and mobile applications.
- 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 noncommercial 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,
- 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.
- Notwithstanding section 8.6, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.
- We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
- You must not:
- 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.
- Jumia’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
- The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights
10. Data Privacy
- Buyers agree to processing of their personal data in accordance with the terms of Jumia’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
- 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 Jumia 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.
- Where we suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
16. Entire Agreement These general terms and conditions and the Jumia 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 17. Hierarchy Should these general terms and conditions, the seller terms and conditions, and the Jumia codes, policies and guidelines be in conflict, these terms and conditions, the seller terms and conditions and the Jumia codes, policies and guidelines shall prevail in the order here stated. 18. Variation
- 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