Terms of use

1. Introduction

1.1. “Oluchitribe” is the trading name for the Oluchitribe group companies listed at Appendix 1. Each Oluchitribe group company (“Oluchitribe” 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:

  • 1.4.1. Confirm that you have obtained the necessary authority to agree to these general terms and conditions;
  • 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
  • 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:

  • 2.2.1. keep your password confidential;
  • 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
  • 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.
  • 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.
  • 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.
  • You may cancel your account on our marketplace by contacting us

 

 

 

3. Returns and refunds

3.1. 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.

3.2. 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:
 

  • 3.2.1. in respect of the product price;
  • 3.2.2. local and/or international shipping fees (as stated on the refunds page); and
  • by way of store credits vouchers mobile money transfer bank transfers or such other methods as we may determine from time to time.



3.3. Returned products shall be accepted and refunds issued by Oluchitribe acting for and on behalf of the seller. Notwithstanding paragraphs 3.1 and 3.2 above in respect of digital products or services and fresh food Oluchitribe 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.

3.4. 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.

 

4. Payments

4.1. You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the marketplace.

5. Store Credit

5.1. Store Credits may be earned and managed in accordance with the Oluchitribe Store Credit Terms and Conditions as may be amended from time to time. Oluchitribe reserves the right to cancel or withdraw Oluchitribe 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

6. Rules about your content

6.1. In these general terms and conditions your content means:
 

  • 6.1.1. 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
  • 6.1.2. all communications on the marketplace including product reviews feedback and comments.


6.2. Your content and the use of your content by us in accordance with these general terms and conditions must be accurate complete and truthful.

6.3. Your content must be appropriate civil and tasteful and accord with generally accepted standards of etiquette and behaviour on the internet and must not:

  • 6.3.1. be offensive obscene indecent pornographic lewd suggestive or sexually explicit;
  • 6.3.2. depict violence in an explicit graphic or gratuitous manner; or
  • 6.3.3. be blasphemous in breach of racial or religious hatred or discrimination legislation;
  • 6.3.4. be deceptive fraudulent threatening abusive harassing anti-social menacing hateful discriminatory or inflammatory;
  • 6.3.5. cause annoyance inconvenience or needless anxiety to any person; or
  • 6.3.6. constitute spam.



6.4. 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:
 

  • 6.4.1. any copyright moral right database right trademark right design right right in passing off or other intellectual property right;
  • 6.4.2. any right of confidence right of privacy or right under data protection legislation;
  • 6.4.3. any contractual obligation owed to any person; or
  • any court order.



6.5. 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.

6.6. 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.

6.7. 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.

6.8. You must not interfere with a transaction by
 

  • 6.8.1. contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or
  • 6.8.2. communicating with a user involved in an active or completed transaction to warn them away from a particular buyer seller or item; or
  • 6.8.3. contacting another user with the intent to collect any payments.



6.9. 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.

6.10. We may periodically review your content and we reserve the right to remove any content at our discretion for any reason whatsoever.

6.11. 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

7. Copyright and trademarks

7.1. Subject to the express provisions of these general terms and conditions:
 

  • 7.1.1. 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
  • 7.1.2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.



7.2. Oluchitribe’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.

7.3. 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.

 

8. Data privacy

8.1. Buyers agree to processing of their personal data in accordance with the terms of Oluchitribe’s Privacy and Cookie Notice.

8.2. Oluchitribe 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.

8.3. Sellers shall be directly responsible to buyers for any misuse of their personal data and Oluchitribe shall bear no liability to buyers in respect of any misuse by sellers of their personal data.

 

9. Entire agreement

9.1. These general terms and conditions and the Oluchitribe codes policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace.

 

10. Our company details and notices

10.1. You can contact us by using the contact details listed in Appendix 1.

10.2. You may contact our sellers for after-sales queries including any disputes by requesting their contact details from the Oluchitribe in accordance with the  pursuant to which Oluchitribe shall be obliged to ensure that the seller is clearly identifiable.

10.3. 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 and received by and properly given to you.

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