Terms

Terms & Condition (SaleAfro.com)

Last updated on 11/10/2023

Terms and Conditions of the payment/service of the above tittle.

Contents

Introduction
Registration
Our role
Your account
Payments
Cashback and promotions
Record keeping
Data privacy
Due diligence, audit rights and investigations
Buyer disputes
Warranties
Limitations and exclusions of liability
Indemnification
Term and termination
Entire agreement
Hierarchy
Variation
Severability
No waiver
Assignment
Third party rights
Law and jurisdiction
Our company details
Notices

Introduction
1. Breuddwyd Nig Limited. (“SaleAfro” or “we” or “us”) provides or use a payment service from other renown financial institution as a means to facilitate payment between us and the 2^nd party. (“SaleAfro Service”) to enable the buyer (“buyer” or “you”) to make payments for products or services purchased on websites and applications operated by SaleAfro, and its affiliated companies, and other third-party merchants who accept payment via the Sale Afro service (“merchants”).
2. These terms and conditions apply to your use of the SaleAfro Service whether you make payments or access the service using a website or an application operated by a third-party merchant; or by a merchant that is owned or controlled by us, in control of us, or under common control with us (“a SaleAfro Service affiliate”).
3. By using the SaleAfro service, you agree to be bound by the terms and conditions and our policies, each as may be modified from time to time when the need arise. If you do not agree to these terms and conditions, you may not access or use the SaleAfro service.
Registration
1. Your account for the SaleAfro service (“SaleAfro Service account”) is linked to any account that you have established for purchasing products or services through a website or an application operated by SaleAfro Service or a SaleAfro Service affiliate (“SaleAfro marketplace account”).
2. To create a new SaleAfro Service account you must either register using log in details for your existing SaleAfro marketplace account, or create new login details on our website or application (which you will be directed to from the checkout page of any merchants who accept payment via the SaleAfro service). If you do not have an existing SaleAfro marketplace account at the time you register for the SaleAfro service, you can later use the same credentials to connect and create a linked SaleAfro marketplace account.
3. You agree to keep the password for your SaleAfro account or other authentication method (“password”) confidential and notify us in writing immediately as provided at section 24 if you become aware of any disclosure of your password in order that we may block your account.
4. Your SaleAfro account shall be used exclusively by you and you agree to be responsible for any activity on your SaleAfro account or your SaleAfro marketplace account 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.
5. 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.
6. SaleA fro accounts are intended for use by individuals. You may not register for a SaleAfro account if you are under 18 years of age. By using the SaleAfro service and agreeing to these terms and conditions, you warrant and represent to us that you are an individual of at least 18 years of age.
Your account
1. Your SaleAfro account permits you to access the information in your SaleAfro account to make purchases to merchants who accept SaleAfro.
2. You may register and access in your SaleAfro account one or more credit cards, debit cards, and other payment methods that we except for making purchases (“payment methods”).
3. Any payment method you use with SaleAfro will automatically be saved to your SaleAfro account. A list of your saved payment methods will appear on the payments page.
4. You may access your payment methods in SaleAfro for making purchases. You may be required to verify that you control the payment methods in your SaleAfro account prior to using them for making any purchases.
5. You agree to provide any information that we or our financial institutions may require or that you may be required by law to provide, in respect of the SaleAfro service.
Our role
1. Our SaleAfro service enables buyers to use the payment information stored in the SaleAfro account to make payments to merchants.
2. The availability of payment methods may vary depending on the merchant. Some features may also be limited based on where you are located and what we know about you.
3. SaleAfro acts as the service provider of the merchant in connection with the SaleAfro service, except in cases where another payment service provider enables a merchant to accept the SaleAfro service.
4. W e may use the services of one or more third parties, affiliates, processors, and/or financial institutions to provide the SaleAfro service.
5. Your payment service provider is the entity that issued your payment method e.g., credit card, debit card or mobile money provider.
6. Except for our limited role in enabling the merchant to accept the SaleAfro service, we are not involved in any underlying sales transaction between you and the merchant. In particular:
  1. we are neither the buyer nor the seller of the items or services the merchant offers for sale and are not a party to the sales contract;
  2. the merchant is the seller of record for all sales via the SaleAfro service. The name of SaleAfro, one of our affiliates, or the merchant’s payment service provider, will appear on the statement issued by your payment service provider (which may also, at our option, display the merchant’s trade or business name).
7. A buyer’s obligation to pay for an item purchased via the SaleAfro service is satisfied when the buyer properly pays in full for that item via the SaleAfro service. We are not a fiduciary or trustee of either the buyer or the merchant.
8. Subject to section 8 below, we will not mediate disputes between buyers and merchants or enforce or execute the performance of any sales contract.
Payments
1. Buyers may pay for products and services sold by any person with a merchant account.
2. All transactions shall be denominated in the currency stated on the SaleAfro payments page. If your payment service provider does not recognize fractions of the currency sub-unit, we may round up the transaction value to the nearest sub-unit.
3. You may be charged a cash advance, currency exchange (if applicable) or other fees directly by your payment service provider. We are not responsible for these fees.
4. In the event that you receive a refund in respect of products purchased using SaleAfro, we may apply the refund to your SaleAfro account, unless not permitted by applicable law.
Cashback and promotions
1. We may issue you with cashback in respect of specified purchases. Cashback may be used within the period specified in the terms and conditions of the promotion or, if no period is specified, within three (3) months of the end of the promotion, upon which it shall expire.
2. We may issue vouchers or gift cards pursuant to a promotional activity. Vouchers or gift cards may be used within the period specified in the terms and conditions of the promotion or, if no period is specified, within seven (7) days of the end of the promotion, upon which it shall expire.
3. We reserve the right to cancel or promotions or cashback if we suspect fraud or foul play; or if you close your SaleAfro account.
Record keeping
1. When an order is confirmed from your SaleAfro account, we will update your account page and provide you a transaction confirmation email. The confirmation email will serve as your receipt. You may receive a separate receipt from the merchant for the transaction.
2. Summaries of your SaleAfro account activity, including the list of transactions, are available on your account page.
3. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your SaleAfro account and your use of the SaleAfro service, and (b) reconciling all payment activity and all other transactional information that is associated with your SaleAfro account.
Data privacy
1. You agree to processing of your personal data in accordance with the terms of our Privacy and Cookie Notice published on the SaleAfro website or application.
2. SaleAfro shall process all personal data obtained in the course of delivering the SaleAfro service in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.

Due diligence, audit rights and investigations
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 SaleAfro.
2. You agree to provide to us all such information, documentation and access to business premises (where applicable) as we may require:
  1. in order to verify your adherence to, and performance of, your obligations under these terms and conditions;
  2. for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
  3. as otherwise required by law or applicable regulation.
3. You agree to cooperate with us, including by providing witness statements to the police or other law enforcement agencies, in order to investigate any frauds or disputed transactions relating to your account.

Buyer disputes
1. If you are unsatisfied with any products or services that you have purchased using our SaleAfro service, you should contact the merchant directly first.
2. If you are unable to resolve the matter with the merchant, you may file a complaint against the merchant by contacting us as provided at section 24.
3. If you dispute any transaction with SaleAfro, you should first contact us as provided at section 24, and if we decide against you, you can seek to pursue the dispute with your payment service provider later. If SaleAfro does not make a final decision on your claim until after your payment service provider’s deadline for filing a dispute, and because of our delay you recover less than the full amount you would have been entitled to recover from your payment service provider, we will reimburse you for the remainder of your loss (minus any amount you have already recovered from the merchant or your payment service provider).
4. If a dispute arises between you (as a buyer) and a merchant, you release us (and our agents and employees) from any and all claims, demands, and damages (actual and consequential) in any way connected with the dispute and the transaction.
Warranties
1. You represent and warrant to us that:
  1. you are eligible to register and use the SaleAfro service and have the right, power, and ability to enter into and perform under these terms and conditions and grant the rights, licenses and authorizations you grant under these terms and conditions;
  2. you will only use the SaleAfro service to transact on your own account and not on behalf of any other person or entity;
  3. you will not use the SaleAfro service, directly or indirectly, for any fraudulent undertaking or in any manner or as a premium account to provide item that does not fit it description for packaging to a client so as to interfere with the use of the SaleAfro service and deprive customer safety;
  4. you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the government of Nigeria, the United Nations, the United States government, the United Kingdom, the European Union or its member states, or any other applicable government authority; and
  5. you will not directly or indirectly export, re-export or transmit any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the government of Nigeria, the United Nations, the United States Departments of State, Treasury or Commerce, the European Union, the United Kingdom or any other applicable government authority.
Limitations and exclusions of liability
1. We will do our utmost to ensure that availability of the SaleAfro service will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Your access to the SaleAfro service may from time to time be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities. We will attempt to limit the frequency and duration of any such suspension or restriction.
2. SaleAfro will not be responsible for:
  1. any losses arising out of any event or events beyond our reasonable control;
  2. any business losses including (without limitation) wasted expenditure, loss or damage to profits, income, revenue, anticipated savings, business, contracts, commercial opportunities, or goodwill;
  3. any loss or corruption of any data, database or software;
  4. any special, indirect or consequential loss or damage; or
  5. any losses that were not caused by any breach on our part.
3. Notwithstanding section 12.2 above, nothing in these terms and conditions limits or excludes our responsibility for liabilities that may not be excluded under applicable law.
Indemnification
1. 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 any breach by you of any provision of these general terms and conditions or the SaleAfro policies.
Term and termination
1. The agreement between the parties governed by these terms and conditions enters into force on the date that you register for the SaleAfro service and continues in force unless and until terminated in accordance with the provisions of this section 14.
2. You may terminate the agreement at any time by contacting us as provided at section 24 and closing your SaleAfro account.
3. We reserve the right to refuse service, terminate accounts or suspend accounts if you are in breach of applicable laws, these terms and conditions or any other applicable policies. We further reserve the right to refuse to provide or discontinue the SaleAfro service to any person at any time and for any reason.
4. Upon the termination of the agreement for any reason:
  1. we shall close your SaleAfro account and return any funds due to you, to any account that you notify to us;
  2. neither SaleAfro nor any SaleAfro affiliate will have any obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation or other information in connection with your SaleAfro marketplace account, your SaleAfro account or the SaleAfro service; and
  3. in addition to any payment obligations under these terms and conditions, all other provisions of these terms and conditions that expressly or by implication are intended to come into or continue in force on or after termination of the agreement shall remain in full force and effect.
Entire agreement
1. These terms and conditions and our policies shall constitute the entire agreement between you and us in relation to your use of the SaleAfro service and shall supersede all previous agreements between you and us in relation to your use of the SaleAfro service.
Hierarchy
1. Should these terms and conditions and our policies be in conflict, these terms and conditions and our policies shall prevail in the order here stated.

Variation
1. We may modify these terms and conditions, any policy, or the features of the SaleAfro service from time to time.
2. The revised terms and conditions or policy shall apply 7 days after communication to you by email or such other period as may be specified in the email or, in the absence of any email, the date of publication on the SaleAfro website or application.
3. If you do not agree to any change to these terms and conditions, any policy or feature of the SaleAfro service, you may terminate these terms and conditions by contacting us as provided at section 24 and closing your SaleAfro account. You will be deemed to accept the changes if you do not close your SaleAfro account.
No waiver
1. No waiver of any breach of any provision of these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of these terms and conditions.
Severability
1. If a provision of these 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.
2. If any unlawful and/or unenforceable provision of these 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.
Assignment
1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
2. 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 terms and conditions.
Third party rights
1. A contract under these terms and conditions is for our benefit and yo ur afety benefit, and is not intended to benefit or be enforceable by any third party.
2. The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
Law and jurisdiction
1. These terms and conditions shall be governed by and construed in accordance with the laws of Nigeria.
2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Nigeria.
Our company details
1. Breuddwyd Nig Limited. is a company registered in Nigeria under registration number RC: 1832517, and our registered office is at 109 Adeniyi Jones Street, Ikeja, Lagos.
Notices
1. You can contact us by using the appropriate email address below:
  1. accsecurity@saleafro.com in respect of all security breaches, frauds or suspected frauds;
  2. accdispute@saleafro.com in respect of all requests to close your account or any issue regarding account integrity;
  3. dispute@saleafro.com in respect of all buyer disputes; or any form of complain associated.
  4. queries@saleafro.com in respect of all other queries.
2. By registering for the SaleAfro service and accepting these terms and conditions, you consent to receive notices electronically from us. We may provide all communications and information related to the SaleAfro service and your SaleAfro account, in electronic format, either by posting to our website or application, or by email to the email address on your SaleAfro account. All such communications will be deemed to be notices in writing and received by and properly given to you.
3. Lastly you may also want to know about our return and refund policy.

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