English
1. Introduction
1.1. “Family Logo Ecommerce” is the trading name for the Family
Logo Ecommerce group companies listed at Appendix 1. Each Family Logo Ecommerce
group company (“Family Logo Ecommerce” or “we”) operates an e-commerce platform
consisting of a website and mobile application (“marketplace”) together with
supporting IT logistics and payment infrastructure for the sale and purchase of
consumer products and services (“products”) in its allocated territory as
defined at Appendix 1 (“territory”).
1.2. 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.
1.3. 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.
1.4. If you use our marketplace in the course of a business or other
organizational project then by so doing you:
o 1.4.1. Confirm that you have obtained the
necessary authority to agree to these general terms and conditions;
o 1.4.2. 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
o 1.4.3. 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
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 general 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 (using
our contact details provided at section 26) 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 you 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 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.
o You may cancel your account on our marketplace
by contacting us
3. Terms and conditions of sale
3.1. You acknowledge and agree that:
o 3.1.1. the marketplace provides an online
location for sellers to sell and buyers to purchase products;
o 3.1.2. we shall accept binding sales on behalf
of sellers but (unless Family Logo Ecommerce is indicated as the seller) Family
Logo Ecommerce is not a party to the transaction between the seller and the
buyer; and
o 3.1.3. a contract for the sale and purchase of
a product or products will come into force between the buyer and seller and
accordingly you commit to buying or selling the relevant product or products
upon the buyer’s confirmation of purchase via the marketplace.
3.2. Subject to these general terms and conditions the seller’s terms of
business shall govern the contract for sale and purchase between the buyer and
the seller. Notwithstanding this the following provisions will be incorporated
into the contract of sale and purchase between the buyer and the seller:
o 3.2.1. the price for a product will be as
stated in the relevant product listing;
o 3.2.2. the price for the product must 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
and charges 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 3.2.4. products must be of satisfactory
quality fit and safe for any purpose specified in and conform in all material
respects to the product listing and any other description of the products
supplied or made available by the seller to the buyer; and
o 3.2.5. in respect of physical products sold
the seller warrants that the seller has good title to and is the sole legal and
beneficial owner of the products and/or has 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 or
proceedings; and in respect of digital products the seller warrants that the
seller has 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
products by sellers 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 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 time 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
o by way of store credits vouchers mobile money
transfer bank transfers or such other methods as we may determine from time to
time.
4.3. Returned products shall be accepted and refunds issued by Family Logo
Ecommerce acting for and on behalf of the seller. Notwithstanding paragraphs
4.1 and 4.2 above in respect of digital products or services and fresh food Family
Logo Ecommerce shall issue refunds in respect of failures in delivery only.
Refunds of payment for such products for any other reasons shall be subject to
the seller’s terms and conditions of sale.
4.4. Changes to our returns page or refunds 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
Payments Information and Guidelines on the marketplace.
6. Store Credit
6.1. Store Credits may
be earned and managed in accordance with the Family Logo Ecommerce Store Credit
Terms and Conditions as may be amended from time to time. Family Logo Ecommerce
reserves the right to cancel or withdraw Family Logo Ecommerce store credit
rewards for any reason in its discretion including if we suspect fraud or foul
play. You can view Reward Store Credit terms and conditions on our website
7. Promotions
7.1. Promotions and
competitions run by Family Logo Ecommerce 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. Rules about your content
8.1. In these general terms and conditions your content means:
o 8.1.1. 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
o 8.1.2. all communications on the marketplace
including product reviews feedback and comments.
8.2. Your content and the use of your content by us in accordance with these
general terms and conditions must be accurate complete and truthful.
8.3. Your content must be appropriate civil and tasteful and accord with
generally accepted standards of etiquette and behavior on the internet and must
not:
o 8.3.1. be offensive obscene indecent
pornographic lewd suggestive or sexually explicit;
o 8.3.2. depict violence in an explicit graphic
or gratuitous manner; or
o 8.3.3. be blasphemous in breach of racial or
religious hatred or discrimination legislation;
o 8.3.4. be deceptive fraudulent threatening
abusive harassing anti-social menacing hateful discriminatory or inflammatory;
o 8.3.5. cause annoyance inconvenience or
needless anxiety to any person; or
o 8.3.6. constitute spam.
8.4. 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:
o 8.4.1. any copyright moral right database
right trademark right design right right in passing off or other intellectual
property right;
o 8.4.2. any right of confidence right of
privacy or right under data protection legislation;
o 8.4.3. any contractual obligation owed to any
person; or
o any court order.
8.5. 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.
8.6. 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.
8.7. 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.
8.8. You must not interfere with a transaction by
o 8.8.1. contacting another user to buy or sell
an item listed on the marketplace outside of the marketplace; or
o 8.8.2. communicating with a user involved in
an active or completed transaction to warn them away from a particular buyer
seller or item; or
o 8.8.3. contacting another user with the intent
to collect any payments.
8.9. 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.
8.10. We may periodically review your content and we reserve the right to
remove any content at our discretion for any reason whatsoever.
8.11. 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
9. Our rights to use your content
9.1 - You grant to us a worldwide irrevocable non-exclusive
royalty-free license to use reproduce store adapt publish translate and
distribute your content on our marketplace and across our marketing channels
and any existing or future media.
9.2 - You grant to us the right to sub-license the rights licensed under
section 9.1
9.3 - You grant to us the right to bring an action for infringement of the
rights licensed under section 9.1
9.4 - 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.
9.5 - 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 unpublished
or edit any or all of your content.
10. Use of website and mobile applications
10.1. In this section 10 words “marketplace” and website” shall
be used interchangeably to refer to Family Logo Ecommerce’s websites and mobile
applications.
10.2. 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 10.2.4. 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.
10.3. 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.
10.4. You may only use our website for your own personal and business purposes
in respect of selling or purchasing products on the marketplace.
10.5. Except as expressly permitted by these general terms and conditions you
must not edit or otherwise modify any material on our website.
10.6. Unless you own or control the relevant rights in the material you must
not:
o 10.6.1 republish material from our website
(including republication on another website);
o 10.6.2. sell rent or sub-license material from
our website;
o 10.6.3. show any material from our website in
public;
o 10.6.4. exploit material from our website for
a commercial purpose; or
o 10.6.5. redistribute material from our
website.
10.7. Notwithstanding section 10.6 you may forward links to products on our
website and redistribute our newsletter and promotional materials in print and
electronic form to any person.
10.8. 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.
10.9. You must not:
o 10.9.1. 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;
o 10.9.2. 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;
o 10.9.3. hack or otherwise tamper with our
website;
o 10.9.4. probe scan or test the vulnerability
of our website without our permission;
o 10.9.5. circumvent any authentication or
security systems or processes on or relating to our website;
o 10.9.6. 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;
o 10.9.7. impose an unreasonably large load on
our website resources (including bandwidth storage capacity and processing
capacity);
o 10.9.8. decrypt or decipher any communications
sent by or to our website without our permission;
o 10.9.9. 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;
o 10.9.10. access or otherwise interact with our
website using any robot spider or other automated means except for the purpose
of search engine indexing;
o 10.9.11. use our website except by means of
our public interfaces;
o 10.9.12. violate the directives set out in the
robots.txt file for our website;
o 10.9.13. use data collected from our website
for any direct marketing activity (including without limitation email marketing
SMS marketing telemarketing and direct mailing); or
o 10.9.14. do anything that interferes with the
normal use of our website.
11. Copyright and trademarks
11.1. Subject to the express provisions of these general terms
and conditions:
o 11.1.1. 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 11.1.2. all the copyright and other
intellectual property rights in our website and the material on our website are
reserved.
11.2. Family Logo Ecommerce’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.
11.3. 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.
12. Data privacy
12.1. Buyers agree to processing of their personal data in
accordance with the terms of Family Logo Ecommerce’s Privacy and Cookie Notice.
12.2. Family Logo Ecommerce 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.
12.3. Sellers shall be directly responsible to buyers for any misuse of their
personal data and Family Logo Ecommerce shall bear no liability to buyers in
respect of any misuse by sellers of their personal data.
13. Due diligence and audit rights
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.
13.2. You agree to provide to us all such information documentation and access
to your business premises as we may require:
o 13.2.1. in order to verify your adherence to
and performance of your obligations under these terms and conditions;
o 13.2.2. for the purpose of disclosures
pursuant to a valid order by a court or other governmental body; or
o 13.2.3. as otherwise required by law or
applicable regulation.
14. Family Logo Ecommerce’s role as a
marketplace
14.1. You acknowledge that:
o 14.1.1. Family Logo Ecommerce facilitates a
marketplace for buyers and third party sellers or Family Logo Ecommerce where Family
Logo Ecommerce is the seller of a product;
o 14.1.2. the relevant seller of the product
(whether Family Logo Ecommerce is the seller or whether it is a third party
seller) shall at all times remain exclusively liable for the products they sell
on the marketplace; and
