TERMS OF USE
1.
ACCEPTANCE OF THE TERMS
These
Terms of Use (the “Terms”) constitute
a binding and enforceable legal contract between Affordable Market Concept, its
affiliated companies (together, “the Administrator”, “we”, “us”) and you.
Please read these Terms carefully.
i.
Your access and
use of The affordable Mall website and mobile application, as well as any
service, content and data available via them (together, the “Service” or the
“Platform”) are governed by these Terms.
ii.
If you do not
agree with any of these Terms, or if you are not eligible or authorized to be
bound by the Terms, then do not access or use the Service.
iii.
Please also
review our Privacy Policy. The terms of the Privacy Policy and other supplemental
terms, rules, policies or documents that may be posted on the Platform from
time to time are hereby expressly incorporated by reference. We reserve the
right in our sole discretion, to make changes or modifications to these Terms
at any time for any reason without prior notice.
2.
Registration and account
2(1)
You may not register with our marketplace if you are under 18 years of age (by
using our marketplace or agreeing to
these terms and conditions you warrant and represent to us that you are at
least 18 years of age) .
2(2)
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:
o
2(2.1) Keep your password confidential;
o
2(2.2) Notify us in writing immediately via email,
if you become aware of any disclosure of your
password; and
o
2(2.3) Be
responsible for any activity on our marketplace arising out of any failure to
keep your password confidential and that may be held liable for any losses
arising out of such a failure.
o
2(2.4) 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.
o
2(2.5) We may suspend or cancel your account and/or
edit your account details at any time in our sole discretion and without notice
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 refund
you in respect of the same.
o
2(2.6) You may
cancel your account in our marketplace by contacting us.
3.
Terms and condition of sale
3.1
You acknowledge
and agree that:
o
3(1.1) The marketplace provides an online location
for buyers
To purchase products;
o
2(2.3) A contract for the sale and purchase of a
product or products will come into force between the buyer and accordingly you
commit to buying the relevant product or products upon the buyer’s confirmation
of purchase via the marketplace.
o
3(2.1) The price for a product will be stated in the
relevant product listing;
o
3(2.2) The price for the product include all taxes
and comply with applicable laws in force from time to time;
o
3(2.3) Delivery charges, packaging charges,
handling charges, administrative charges, insurance costs, other ancillary
costs where applicable will only be payable by the buyer if this is expressly
and clearly stated in the product listing; and delivery of digital products may
be made electronically;
o
3(2.5) In
respect of physical products sold, we warrants have good title to and we are
sole legal and beneficial owner of the products and/or we have the right to
supply the products pursuant to this agreement 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 of proceedings; and in respect of digital products warrants that we
have the right to supply the digital products to the buyer.
4.
Returns and refunds
4(1) Returns of products by buyers and acceptance of
returned product by seller 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 condition in our discretion subject to compliance with
applicable laws of the territory,
4(2) Refunds in respect of returned products shall
be managed in accordance with the refunds page on the marketplace as may be
amended from 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.
o
4(2.1) In respect of the product price;
o
4(2.2) Local and/or international shipping fees (as
stated on the refunds page); and
mobile transfer, bank transfers or such
other methods as we may determine from time to time.
4.1
Returned
products shall be accepted and refunds issued by The affordable Mall acting for
and on behalf of the seller. Changes to our returns page or refund page shall
be effective in respect of all purchases made from the date of publication of
the change on our website.
5.
Payments
5(1) You must make payments due under these
general terms and conditions in accordance with the Payment Information and
Guidelines on the marketplace.
6.
Promotions
6(1) Promotions and competitions run by The
Affordable Mall and/or other promoters shall be managed in accordance with the Promotions Terms and
Conditions. You can view each Promotion’s terms and conditions on our website.
8.
Use of website and
mobile applications
10(1) In this
section, words “marketplace” and website
shall be used interchangeably to refer to The Affordable Mall websites and
mobile applications.
8.2
You may:
o
10.2.1. View pages from our website in a web browser.
o
10.2.2 Download pages from our website for caching
in a web browser
o
10.2.3 Print pages from our website for your own
personal and non-commercial use providing that such printing is not systematic
or excessive.
o
A stream audio
and video files from our website using the media player on our website; and
o
10.2.5 Use our marketplace services by means of a web
browser subject to the other provisions of these general terms and conditions.
8.3
Except as
expressly permitted by section 10.2 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.
8.4
You may only use
our website for your own personal and business purposes in respect of selling
or purchasing products on the marketplace.
8.5
Except as
expressly permitted by these general terms and conditions, you must not edit or
otherwise modify any material on our website.
8.6
We reserve the
right to suspend or restrict 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.
9. Copyright and trademark
11.1 Subject to express provisions of these general terms and
conditions:
o
11.9.1 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
o
11.9.2 All the copyright and other intellectual
property rights in our website and the material on our website are reserved.
11.2 The
affordable Mall logos and 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.
11.3 The
third party registered and unregistered trademarks or service mark on our websites 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 license to exercise such
rights.
12. Data
privacy
12.1 Buyers agree to processing of their personal
data in accordance with the terms of The affordable Mall Privacy and Cookie
Notice.
12. 2 The affordable Mall shall process all personal
data obtained through the marketplace and related services in accordance with
the terms of our Privacy and Cookie Notice and Privacy Policy.
13.1 We
operate an anti-fraud and anti-money laundering compliance program and reserve
the right to perform due diligence checks on all users of the marketplace.
14. Affordable Market Concept’s
role as a marketplace
14.1 You acknowledge that:
o
14.1.1. The Affordable Mall facilitates a marketplace
for buyers
o
14.1.2 We are liable for the products we sell
o
14.1.3. In the event that there is an issue arising
from the purchase of a product on the marketplace, the buyer should seek
recourse from us by following the process set out in RETURN AND REFUND POLICY
14.2We
do not warrant or represent that the marketplace will operate without fault; or
that the marketplace or any service on the marketplace will remain available
during the occurrence of events beyond The Affordable Mall’s control (force
majeure events) which include but are not limited to: flood, drought,
earthquake or other natural disasters; hacking, viruses, malware or other
malicious software attacks on the marketplace; terrorist attacks, civil war,
civil commotion or riots; war, threat of, or preparation for war; epidemics or
pandemics; or extra-constitutional events or circumstances which materially and
adversely affect the political or macro-economic stability of the territory as
a whole.
14.3
We reserve to discontinue or alter any or all our marketplace services and to
stop publishing our marketplace at any time in our sole discretion without
notice or explanation; and you will not be entitled to any compensation or
payment upon the discontinuance or alteration of any marketplace services or if
we stop publishing the marketplace. This is without prejudice to your rights in
respect of any unfulfilled orders or other existing liabilities of The
Affordable Mall.
14.4
If we discontinue or alter any or all of our marketplace in circumstances not
relating to force majeure, we will provide prior notice to the buyers of not
less that fifteen (15) days with clear guidance on the way forward for the
pending transactions or other existing liabilities of 88Joogers.
14.5
We do not guarantee any commercial results concerning the use of the
marketplace.
15.5
Notwithstanding section 15.4 above, we will not be liable to you for any
loss or damage of any nature including in respect of:
o 15.5.1 Any loss occasioned by any interruption or
dysfunction to the website.
o 15.5.2 Any
losses arising out of any event or events beyond our reasonable control;
o 15.5.4 Any loss or corruption of any data database
or software; or
o 15.5.5 Any
special indirect or consequential loss or damage.
15.6 We accept that we have an interest in
limiting the personal liability of our officers and employees and having regard
to that interest you acknowledge that we are a limited liability entity; you
agree that you will not bring any claim personally against our officers or
employees in respect of any losses you suffer in connection with the
marketplace or these general terms and conditions (this will not limit or
exclude the liability of the limited liability entity itself for the acts and
omissions of our officers and employees).
15.7 Our marketplace includes hyperlinks to other
websites owned and operated by third parties; such hyperlinks are not
recommendations. We have no control over third party websites and their
contents and we accept no responsibility for them or for any loss or damage
that may arise from your use of them.
16.
Indemnification
16.1 You hereby indemnify us and
undertake to keep us indemnified against:
o 16.1.2 Any VAT liability or 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.
17.
Breaches of these general terms and conditions
17.1 If we permit the registration
of an account on our marketplace, it will remain open indefinitely subject to
these general terms and conditions.
17.2 If you breach these general terms and
conditions or if we reasonably suspect that you have breached these general
terms and conditions or any The Affordable Mall codes, policies or guidelines
in any way we may:
o 17.2.1 Temporary suspend your access to our
marketplace;
o 17.2.2 Permanently prohibit you from accessing our
marketplace;
o 17.2.3 Block computers using your IP address from
accessing our marketplace;
o 17.2.4 Contact any or all your internet service
providers and request that they block your access to our marketplace;
o 17.2.5 Suspend or delete your account on our
marketplace; and/or
o 17.2.6 Commence legal action against you whether for
breach of contract or otherwise.
17.3 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
creating and/or using a different account).
18. Entire agreement
26.3 You consent to receive notices
electronically from us. We may provide all communications and information
related to your use of the marketplace in electronic format either by posting
to our website or application or by email to the email address on your account.
All such communications will be deemed to be notices in writing.