Welcome to the https://AfroGanix.co. This site contains the complete terms and conditions that apply to an individual's or entity's participation in the E-Commerce selling service (the "Program"). As used in this Agreement, "we" means AfroGanix, LLC, ("E-Commerce Exchange") and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to AfroGanix site or to the site that you will link to our site.
Any person who want to access the site and use the service to sell items must accept the terms and conditions of this participation Agreement without change by registering for and using the services, you agree to be bound by all terms and conditions of this participation agreement, and all policies and guidelines of the site are incorporated by reference
AfroGanix, LLC reserves the right to change any of the terms and conditions contained in this participation agreement or any policies or guidelines governing the site or services, at any time and at its sole discretion. Any changes will be effective upon posting of the revisions on the site. All notices of changes to this Participation Agreement will be posted on the website and/or app. You are responsible for viewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notifying you. Your continued use of this website, app, and services following AfroGanix, LLC posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this participation agreement, DO NOT continue to use the services or this site.
Eligibility: Use of the site, app, and services is limited to parties that lawfully can enter into and form contract under applicable law. For example, minors are not allowed to use the services without parental/guardian permission. To register, you must provide your real name, address, phone number, e-mail address, debit/credit card, or online payment system. If you are a business:
- (a) You are duly organized, validly existing and in good standing under the laws of the country in which your business is registered, and that you are registering for the services within such country.
- (b) You have all the requisite right, power and authority to enter into this Participation Agreement and perform your obligation here under.
Applicable Policies and Guidelines: You agree to abide by the procedures and guidelines for conducting fixed price sales, which are incorporated by reference into, and made part of, this Participation Agreement. For each item you list on the website and/or app, you will provide to us the state or country from which the item ships. You will provide to us (using the processes and timing that we designate) any requested information regarding shipment, tracking, (to the extent available) and order status, and we may make any of this information publicly available. For Merchants opting to handle orders, shipping themselves you will send customers emails confirming shipment of products you sell in a format and manner reasonably acceptable to us; format will be provided). Promptly after shipment of a customer's order (or any portion of the customer's order), you will accurately inform us that the order has been shipped (and, in the case of a customer order that is shipped in more than one shipment, accurately inform us which portion of the order has been shipped), using our standard functionality for communicating such information when we make that functionality available to you ("Confirmation of Shipment"). If you fail to provide Confirmation of Shipment within the time frame specified by us, we may in our sole discretion cancel (and/or direct you to stop and/or cancel) any such transaction, and you will stop and/or cancel any such transaction upon such request by us. You will comply with any instructions from the manufacturer, distributor and/or licensor of a product regarding Street Date for Delivery (which means the date, if any, specified by the manufacturer, distributor and/or licensor of a product as the date before which such product should not be delivered or otherwise made available to customers) or the Street Date for Disclosure (which means the date, if any, specified by the manufacturer, distributor and/or licensor of a product as the date before which specified information regarding such product.
AfroGanix’s Role: AfroGanix provides a multi-vendor marketplace platform for third- party sellers (“sellers”) and buyers (“Buyers”) to negotiate and complete transactions. AfroGanix is not involved in actual transaction between sellers and buyers and is not the agent of sellers except for the limited purpose of processing payments and has no agency authority of any other purpose, and AfroGanix, LLC is not the agent of Buyers for any purpose. As a seller, you may list any item on the website and/or app unless it is a prohibited item, or otherwise prohibited by law. Without Limitation, you may not list any item or link or post any related material that (a) Infringes any third party intellectual property rights, ( including copyright, trademark, patent and trade secrets) (b) constitutes libel or slander or is otherwise defamatory or (c) is counterfeited, illegal, stolen, or fraudulent. As a seller you use the website, app, and the services at your own risk. AfroGanix, LLC reserves the right to remove any item at its sole discretion.
AfroGanix, LLC Payment service. In order to sell items in marketplace, you must register with AfroGanix and an approved online payment system/service.
(The “payment service”)
- a. The Payment System/Service facilitates the purchase of Seller items/services listed on the Site. A Buyer's authorized credit card payment ("Payment Transaction") is credited to a registered Seller's Account Summary. Upon completion of a Payment Transaction a receipt indicating that payment has been made will be furnished to the Buyer via their Dashboard. The Payment Service helps facilitate Marketplace transactions and is not the purchaser of the Seller's goods. Seller will resolve any dispute directly with Buyer or with the assistance of the AfroGanix and not through the Payment Service. Seller must register online with an approved Online Payment System/Service. You must provide us true and accurate information when registering and must maintain and update that information as applicable. Seller will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes AfroGanix, LLC to verify his or her information (including any updated information) in order to approve Seller for use of the Payment Service and also from time to time while Seller is registered with the Payment Service, and to obtain an initial authorization from Seller's bank issuer before a final account approval.
- b. The Payment Service is available only to individuals and others who meet the terms of eligibility for the AfroGanix, LLC online selling community, and whose applications are acceptable to AfroGanix.
- c. The Payment Service is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance. For purposes of this Participation Agreement, a Business day is a Monday to Friday.
- d. You may provide refunds or adjustments to Buyers for their Marketplace purchases through the Payment Service. You should create invoices for Marketplace sales.
- e. As a security measure, we may, but are not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. We will not be liable to Seller: (i) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us for a security reason, or (ii) if we permit a Buyer to withdraw from a transaction because the Payment Service is unavailable following the commencement of a transaction.
- f. If we reasonably conclude based on information available to us that Seller's actions and/or performance in connection with the Services may result in Buyer disputes, chargebacks, or other claims, then we may, in our sole discretion, suspend Merchant Account: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any Seller actions and/or performance in connection with this Participation Agreement. We will not be liable to Seller if we act in accordance with the provisions of this Section.
- g. All notices will be sent by e-mail or will be posted on the Site or by any other means then specified by AfroGanix LLC. We will send notices to Seller at the e-mail address maintained in AfroGanix's records for Seller. Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us.
- h. Any fees associated with the online payment system service/system is the responsibility of the Merchant.
- i. We may refuse service to anyone for any reason. We may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by Buyer and our bank account being debited to pay Payment Transaction credits to Seller. Seller will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with Payment Transactions, and Seller will bear all other risk of fraud or loss; provided, that we will not bear the risk of credit card fraud in connection with any of Seller's products (except those products, if any, that are fulfilled using the Fulfillment by AfroGanix service) that are not fulfilled strictly in accordance with the order information and shipping information that we provide you. We reserve the right to seek reimbursement from Seller if we, in our sole discretion, decide to reimburse Buyer under AfroGanix terms, provide a refund to Buyer if Seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from Buyer's credit card issuer for the amount of Buyer's purchase from Seller. We may obtain reimbursement of any amounts owed by Seller to AfroGanix by deducting from future payments owed to Seller, reversing any credits to Seller's Account, charging Seller's credit card, or seeking such reimbursement from Seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or checking account or payment system account.
- j. We reserve the right, upon termination, to set off against any payments to be made to Seller, an amount determined by us to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to Buyers in connection with Marketplace purchases from Seller's Account for a prospective three-month period. At the end of such three-month period following termination, we will disburse to Seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to Buyers, or seek reimbursement from Seller via any of the means authorized in Section 5.k. above for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to Buyers, as applicable
AfroGanix Reservation of Rights: AfroGanix, LLC retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Seller not to list, any or all products in our sole discretion. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of your transactions. You will stop and/or cancel orders of your products if we ask you to do so (provided that if you have transferred your products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). You will refund any customer (in accordance with this Participation Agreement) that has been charged for an order that we stop or cancel.
AfroGanix Participation: Employees of AfroGanix, LLC and its affiliates are permitted to participate in their personal capacity in the transactions conducted through this Site (unless they have confidential information about a particular item). Employees of AfroGanix, LLC and its affiliates, when participating in any transaction in their personal capacity, are subject to the same procedures and guidelines as the Buyer or Seller on this Site.
a. For sales where a Seller lists goods at a fixed price ("fixed price sales"), the Seller is obligated to sell the goods at the listed price to Buyers who meet the Seller's terms. By listing an item in a fixed price sale, you represent and warrant to prospective Buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive.
b. For fixed price sales, Seller will determine the purchase price for each item he or she lists on the Site via and subject to AfroGanix LLC’s standard functionality for listing the purchase price.
Your Obligation: By entering into this Participation Agreement and posting a listing for fixed price sale, you agree to complete the transaction. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
Seller Taxes: You agree that it is the Seller's responsibility to determine whether Seller Taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that AfroGanix is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction, except to the extent AfroGanix expressly agrees to collect taxes or other transaction-based charges in connection with a collection service made available by AfroGanix and used by Seller. "Seller Taxes" means any and all sales, goods and services, use, excise, import, export, value added, consumption, and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Website and/or app, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors, or representatives.
Returns and Refunds: For all of your products that are not fulfilled using the Fulfillment by AfroGanix service, you will accept and process returns, refunds and adjustments in accordance with this Participation Agreement and the AfroGanix, LLC return policies published on the website and/or app at the time of the applicable order, and we may inform customers that these policies apply to your products. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to Buyers in connection with Marketplace purchases. For all of your products that are fulfilled using the Fulfillment by AfroGanix service, the AfroGanix return policies published on the Site at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable AfroGanix return policies and as required by law. Refund within five (5) business days or Merchant Account suspended. If AfroGanix, LLC has to reimburse Buyer, seller account suspended indefinitely.
Password Security: Your password may be used only to access the website and/or app, use the Services, electronically sign your transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You are not to disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, you must change your password.
Privacy Use of AfroGanix, LLC Transaction Information:
a. The Privacy Notice may be changed by us in the future. AfroGanix, LLC and its affiliates may communicate with you in connection with your listings, sales, and the Services, electronically and in other media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated. When you use the Services, some personally identifiable information about you, including your feedback and the e-mail address associated with your account, may be displayed on the Site and may be viewed by potential buyers.
b. You will not, and will cause your affiliates not to, directly or indirectly disclose, convey or use any order information or other data or information acquired by you or your affiliates from AfroGanix, LLC or its affiliates (or otherwise) as a result of the Participation Agreement, the transactions contemplated hereby or the parties' performance hereunder (collectively, "AfroGanix, LLC Transaction Information"), except you may disclose this information as necessary for you to perform your obligations under this Participation Agreement, provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information.
No Warranties: The site and the services are provided on an "as is" basis. AfroGanix, LLC makes no other representations or warranties of any kind, express or implied, including without limitation:
A. The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
B. That the site and/or app or the services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
C. That the information, content, materials, or products included on the site and/or app will be as represented by sellers, available for sale at the time of fixed price sale, lawful to sell, or that sellers or buyers will perform as promised;
D. Any implied warranty arising from course of dealing or usage of trade; and
E. Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of AfroGanix, LLC. To the full extent permissible under applicable law, AfroGanix, LLC disclaims any and all such warranties.
General Release: Because AfroGanix, LLC is not involved in transactions between buyers and sellers or other participant dealings, if a dispute arises between one or more participants, each of you release AfroGanix, LLC and its agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Indemnification: You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expense (including legal fees) in any way arising from, related to, or in connection with your use of our website, your violation of the terms, or the posting or transmission of any materials on or through the website and/or app by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
Limitation of Liability: All service providers must have with required industry liability insurance or certification. We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, any aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
A Copy of “Declaration Page” of General or Professional Liability business insurance if required by industry. You may be required after review of your “Declaration Page” to re-submit a Copy of “Declaration Page” of General or Professional Liability business insurance in which AfroGanix, LLC MUST be listed at the ‘additional insured’ on the declaration page. Proof of liability insurance needed prior to final approval of Merchant Profile A Copy of “Declaration Page” of General or Professional Liability business insurance if required by industry. (Upload Image, JPEG, Word, PDF)
Entire Agreement: The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Termination: AfroGanix, LLC in its sole discretion, may terminate this Participation Agreement, access to the Site or the Services, or any current fixed price sales immediately without notice for any reason. AfroGanix, LLC in its sole discretion, also may prohibit any Seller from listing items for fixed price sales.
No Agency; Third-Party Beneficiary: AfroGanix, LLC is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Participation Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Participation Agreement. This Participation Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of AfroGanix, LLC, you, and relying Buyers or Sellers.
Severability: If any of the provision of the terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
Waiver: Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.