ACCEPTANCE OF THE TERMS

These Terms of Use (the “Terms”) constitute a binding and enforceable legal contract between eMall (the “Administrator”, “we”, “us”) and you. Please read these Terms carefully.

Your access and use of the eMall website and mobile applications, as well as any service, content, and data available via them (together, the “Service” or the “Platform”) are governed by these Terms.

If you do not agree with any part 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.

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 herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason with or without prior notice.

IMPORTANT DISCLAIMERS

ALL SERVICES RENDERED BY THE ADMINISTRATOR ARE RENDERED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTEES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE, AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED.

THE ADMINISTRATOR HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE EXISTENCE, QUALITY, SAFETY, OR LEGALITY OF GOODS AND SERVICES PUBLISHED BY USERS ON THE PLATFORM; THE TRUSTWORTHINESS OR ACCURACY OF INFORMATION PROVIDED BY USERS IN THE ANNOUNCEMENTS; THE ABILITY OF SELLERS TO SELL GOODS OR TO PROVIDE SERVICES; THE ABILITY OF BUYERS TO PAY FOR GOODS OR SERVICES; OR THAT A USER WILL ACTUALLY COMPLETE A TRANSACTION. THE ADMINISTRATOR MAKES NO GUARANTEES CONCERNING THAT MANUFACTURING, IMPORT, EXPORT, OFFER, DISPLAYING, PURCHASE, SALE, ADVERTISING AND/OR USE OF PRODUCTS OR SERVICES, WHICH ARE OFFERED OR DISPLAYED ON THE PLATFORM DO NOT INFRINGE ANY THIRD PARTIES’ RIGHTS. THEREFORE, THE ADMINISTRATOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION TO MATERIALS AND INFORMATION POSTED BY USERS ON THE PLATFORM.

YOU ARE ENCOURAGED TO CHECK THE GOODS BEFORE PAYMENT AND TO REQUEST THE SELLER TO PROVIDE DOCUMENTS CONFIRMING COMPLIANCE OF THE GOODS WITH APPLICABLE REQUIREMENTS OF LAWS, REGULATIONS, RULES, AND GUIDELINES.

YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND YOU UNDERSTAND THAT YOU SHOULD MEET WITH OTHER INDIVIDUALS FOR COMPLETION OF A TRANSACTION ONLY IN SAFE PUBLIC PLACES IN DAYLIGHT HOURS. YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING DUE DILIGENCE OF ANY INDIVIDUAL OR ORGANIZATION REQUESTING A MEETING TO CONDUCT A JOB INTERVIEW OR TO COMPLETE A TRANSACTION. THE ADMINISTRATOR DISCLAIMS ANY RESPONSIBILITY FOR USER’S INTERACTION WITH ANY INDIVIDUAL OR ORGANIZATION.

ACCOUNT REGISTRATION

In order to use certain features of the Service, you may need to register an account on the Platform (the “Account”) and provide certain information about yourself as prompted by the registration form.

You may create an Account as an individual or as an authorized representative of a company.

You can register only one Account. If more than one person accesses its Account from the same device, we may request to upload proof of identity to avoid duplicate accounts.

You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.

You hereby represent and warrant to us that you have reached the age of majority or are accessing the Service under the supervision of a parent or legal guardian. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.

We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.

You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

SERVICE

The Platform is an online service that allows users to create and publish announcements, to view announcements published by other users, to communicate with other users using the contact details provided in the announcements.

The Administrator itself is not an importer, manufacturer, distributor, or seller of any item, as well as not a provider of any service posted by users on the Platform. In addition, the Administrator is neither a marketer nor a person acting on the user’s behalf with respect to the marketing of any goods or services posted on the Platform. The actual sale and purchase contracts or services contracts are entered into directly between the users, and the Administrator itself is not a party to such transactions. The Administrator provides users with an opportunity to communicate.

Users shall be solely responsible for collecting and remitting any applicable taxes resulting from the sale of their goods or services posted on the Platform.

The Administrator reserves the right to delete or block access to announcements posted by users without any notice in the event of:

(i) receiving mandatory judgments of competent public authorities;

(ii) claim of a holder of intellectual property rights to terminate the infringement of his/her rights by a user on the Platform;

(iii) infringements of rights or legal interests of other users, legal entities, or individuals upon their reasonable request;

(iv) detecting that an announcement posted by a user on the Platform breaches these Terms or any applicable law, regulation, rule, or standard.

The Administrator is authorized to delete or block announcements of users regardless of providing a user with the relevant substantiation.

The Administrator retains the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Administrator’s actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Administrator has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.

Each user of the Service is solely responsible for any and all his or her User Content (as defined below). Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such users. You agree that the Administrator will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.

The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, “Third Party Ads”). Such Third-Party Ads are not under the control of the Administrator and the Administrator is not responsible for any Third-Party Ads. The Administrator provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by online properties to which the Third Party Ads lead may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such online properties. When you link to third-party online properties, the applicable service provider’s terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-Party Ads that are found on or through the Service, including payment and delivery of related goods or services, are solely between you and such third party.

You hereby release us, our officers, employees, agents, and successors from claims, demands, and any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any Service users or any Third-Party Ads.

POSTING OF ANNOUNCEMENTS BY USERS

A user shall provide to the Administrator any documents confirming the legitimacy of posting of announcements and identity documents upon the Administrator’s request.

A user, who posts announcements with regard to the sale of goods or services on the Platform, shall provide precise and complete information about such goods and services, as well as about the terms and conditions of sale and services provision. In particular, but without limitation, the phone number associated with each announcement shall be reachable, which implies not only the ability to receive messages but also necessitates that the user shall be available to answer calls promptly. Failure to maintain an accessible and functional phone number may result in the temporary closure of the user’s advertisements.

The terms and conditions of sale and services provision developed by the user shall not interfere with these Terms and applicable laws.

The price of goods or services shall be exact. If it is perceived to be changed due to any specific circumstances, this shall be provided in the announcement.

When uploading a YouTube video to your announcement through YouTube API Services functionality offered by the Administrator, you are agreeing to be bound by the YouTube Terms of Service.

By posting an announcement, a user shall ensure that it does not contain intentionally inaccurate or misleading information, as well as fraud or counterfeit information.

User shall ensure that the announcements posted do not breach these Terms or any applicable laws, regulations, rules, or standards.

A user shall not:

post announcements on the Platform not meeting the subject of the respective category or subcategory of the Platform;

post an announcement on the Platform with identical content (including a description of goods or services) and photos, repeatedly;

post announcements on the Platform with intentionally misleading information or false content;

publish multiple similar announcements that contain similar content and refer to the same goods or services;

post announcements on the Platform using the same photo that a user had already used for another announcement;

post announcements with photos that contain any website addresses, phone numbers, email addresses, or other contact information;

post announcements with photos that do not correlate with the description of the goods or services, or photos of other goods;

publish announcements of goods and services prohibited by these Terms or applicable laws;

post announcements with a description of goods or services that contain keywords that do not relate to the description; and

publish announcements that advertise the sale or other transactions related to counterfeit goods and illegal services.

PAID SERVICES

Posting announcements on the Platform is free of charge. The Administrator reserves the right to introduce a fee for posting announcements on the Platform. In case of such introduction, a user will be able to continue using the Service only upon the acceptance of such fee.

The Administrator may unilaterally change tariffs for the paid services and such changes shall be effective upon their posting on the Platform.

PAYMENT POLICY

All payments hereunder shall be made by payment methods then in effect on the Platform. The User agrees to pay for any paid features that they purchase from the Administrator. Payment methods may include, but are not limited to, credit card, debit card, mobile money (MTN, AIRTEL), SPENN or other such methods that may be introduced from time to time.

Payments are not refundable unless the Administrator, in its sole discretion, determines that a refund is warranted due to technical issues that are the fault of the Administrator or other similar issues. In the event a user fails to make any payment when due, or if any payment method cannot be charged or is returned for any reason, the Administrator reserves the right to suspend or terminate the user’s access to any and all services.

The user is responsible for maintaining up-to-date billing information. The Administrator may utilize third-party services to process payments.

Users can enable and disable their subscriptions at any time through their account settings. By enabling a subscription, users authorize the Administrator to charge them a recurring fee at the then-current rate. The user agrees to pay for such recurring charges until the subscription is terminated or canceled by the user or the Administrator.

The Administrator may, from time to time, offer discounts, promotions, or other incentives. Any such offers are subject to specific terms and may be terminated by the Administrator at any time without notice.

USER RESPONSIBILITIES

The user agrees to comply with all applicable laws, regulations, and rules regarding the use of the Service and any transactions conducted on or through the Service. The user agrees not to engage in any conduct that may harm the Administrator, its business, or any other user.

Users are solely responsible for the accuracy and legality of any content they post on the Platform, including without limitation, announcements, comments, messages, and other information. The user must not post any content that is offensive, harmful, or otherwise violates any applicable laws or these Terms.

Users must not use the Service for any illegal or unauthorized purpose, including without limitation, posting of announcements related to counterfeit goods, illegal substances, or services. The user must not use the Platform to harass, abuse, or harm another person, or to send spam or other unsolicited messages.

INTELLECTUAL PROPERTY RIGHTS

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Administrator, its licensors, or other providers