Terms and Conditions Of Use

1. Introduction

Bellafricana Marketplace Limited (“Bellafricana”, “we” or “us”) operates an ecommerce platform which consists of a website and other web and/or mobile applications (“marketplace”), along with supporting logistics and payment infrastructure, for the sale and purchase of goods and products.

This agreement is an electronic record in accordance with the National Information Technology Development Agency Act, 2007 (NITDA Act) and rules therefrom and any amended versions of the NITDA Act.

The use of www.bellafricanshop.com and the websites, mobile applications, and platforms of Bellafricana Marketplace Limited are governed by the following terms and conditions.

These terms and conditions shall apply to vendors, purchasers, buyers, sellers, guests, and all users of the marketplace and shall govern the use of the marketplace and related services.

By using our website, mobile and other applications, and platforms, you confirm your acceptance of these terms and conditions of use and that you agree to abide by them. If you do not agree to these terms of use, please immediately stop all access, and use of our marketplace.

If you use our marketplace for a business or during any corporate project, then by proceeding, you:

1. confirm that you have obtained the necessary authority to agree to these terms and conditions of use for yourself and as a representative.

1. legally bind yourself and the individual, organisation or other legal entity that operates that business or project, to these terms and conditions of use; and
2. agree that any reference to “user” or “you” in these terms and conditions refers to both the individual user and the relevant person, organization, or legal entity unless the context requires otherwise.

2. Registration and account
3. You shall not register with our marketplace if you are under 18 years of age (by using our marketplace or agreeing to these terms and conditions, you warrant, represent, and confirm to us that you are 18 years or above).

1. You may register for an account with our marketplace by completing and submitting the registration and/or account opening form on our marketplace.
2. You confirm, declare, warrant, and represent that all information provided in the registration form is complete and accurate.
3. If you register for an account with our marketplace, you will be asked to provide an email address/user identification and password and you agree to (i) protect your password and keep it confidential. (ii) inform us and communicate in writing immediately with our contact details herein provided and/or on the website, if you become aware of any unauthorized access to your account or disclosure of your password. (iii) be responsible for any activity on our marketplace arising out of unauthorized access to your account or any failure to keep your password confidential, and that you may be held accountable, responsible, and liable for any losses arising out of such a failure.

1. If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use or any applicable agreement, regulation, or l

1. 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. We may suspend, delete, or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, provided that if we cancel any products or services you have paid for but not received, and you have not breached these terms and conditions, we will refund you in respect of the product or service.
3. You may delete or cancel your account on our marketplace by contacting us with the contact details herein provided.

3. Accessing Our Website

Access to our website and marketplace is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site. You are responsible for making all arrangements necessary for you to have access to our site including the use of systems and equipment which is compatible with our site. You are also responsible for ensuring that all persons who access our site through your internet connection or systems are aware of these terms, and that they comply with them.

4. Terms and conditions of sale
5. You confirm, acknowledge, and agree that:
   1. the marketplace provides an online location for vendors and sellers to sell and buyers to purchase products.

1. 1. we shall accept complete sales, on behalf of the vendors and sellers, but Bellafricana is not a party to the transaction between the seller and the buyer; and
   2. 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(s), upon the buyer’s/ seller’s confirmation of purchase via the marketplace.
2. Subject to these 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:
   1. the price for a product will be as stated in the relevant product listing.
   2. the price for the product must include all taxes and comply with applicable laws in force from time to time.
   3. delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs, and charges, will be payable by the buyer as stated in the product listing.
   4. products must be of satisfactory quality, authentic, fit and safe for any purpose specified, 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
   5. the seller warrants that the seller has good title to and is the sole legal and beneficial owner of the products, 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.

5. 5. Returns and refunds

1. Returns of products by buyers and acceptance of returned products by sellers shall be managed in accordance with the returns policy on the marketplace and under any product/service listing, as may be amended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws.

1. Refunds in respect of returned products shall be managed in accordance with the refunds policy, 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:

1. in respect of the product price.

1. 1. Shipping fees; and
   2. by way of bonuses, credits, wallet refunds, vouchers, mobile money transfer, bank transfers or such other method as we may determine from time to time.
2. Returned products shall be accepted and refunds issued by Bellafricana, for and on behalf of the seller or as we may determine from time to time.
3. Changes to our returns policy or refunds policy shall be effective in respect of all purchases made from the date of publication of the change on our website.

6. 6. Payments

You must make payments due under these terms and conditions as reasonably expected by any user and in accordance with payment guidelines under any listing and as provided on the marketplace.

7. 7. User’s content

1. In these terms and conditions of use, “User’s content” means:
   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

1. 1. all communications on the marketplace, including product reviews, feedback, and comments.
2. Your content, and the use of your content by us in accordance with these terms and conditions, must be accurate, complete, and truthful.
3. Your content must be appropriate and comply with generally accepted standards of etiquette and behaviour on the internet, and must not:
   1. be offensive, obscene, indecent, pornographic, lewd, suggestive, or sexually explicit.
   2. depict violence or hate in an explicit, graphic, or gratuitous manner; or
   3. be blasphemous, in breach of racial or religious hatred or discrimination legislation.
   4. be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, or inflammatory.
   5. cause annoyance, inconvenience, or needless anxiety to any person; or
   6. constitute spam.
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 or entity (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:
   1. any copyright, moral right, database right, trademark right, design right, right as it relates to passing off or other intellectual property right.
   2. any right of confidence, right of privacy or right under any data protection legislation.
   3. any contractual obligation owed to any person; or
   4. any court orders
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 terms and conditions of use.
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.
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. You must not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or (ii) communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item; or (iii) contacting another user with the intent to collect any payments
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.
10. We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.
11. If you learn of any unlawful material or activity on our marketplace, or any material or activity that breaches these terms and conditions of use, you may inform us by contacting us with our details herein provided.

8. 8. Our rights to use your content

1. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, edit, translate, and distribute your content across our marketing channels and any existing or future media.

1. You grant to us the right to sub-license the rights licensed under paragraph 8 (i)
2. You grant to us the right to bring an action for infringement of the rights licensed under paragraph 8 (i).
3. 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
4. Without prejudice to our other rights under these terms and conditions of use, 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, unpublish or edit any or all your content.

1. We reserve the right to review and delete content that violates this agreement; however, such content is the sole responsibility of the member who posts it and as such, we cannot guarantee that all content will comply with this agreement. If you view or become aware of any publication, post, or content on the marketplace and on our platforms that violates this agreement, kindly report it by sending an email to [email protected].

9. Website and mobile applications

1. You may:
   1. view pages from our website and/or mobile or other applications in a web browser.

1. 1. download pages from our website and/or mobile or other applications for caching in a web browser.
   2. print pages from our website and/or mobile or other applications for your own personal and non-commercial use, provided that such printing is not systematic or excessive.
   3. stream audio and video files from our website and/or mobile or other applications using the media player on our website; and
   4. use our marketplace services by means of a web browser, subject to the other provisions of these terms and conditions.
2. Except as expressly permitted in section 9(i) or the other provisions of these terms and conditions, you must not download any material from our website and/or mobile  or other applications or save any such material to your computer, server or storage device.
3. You may only use our website and/or mobile or other applications for your own personal and business purposes in respect of selling or purchasing products on the marketplace
4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on or downloaded from our website and/or mobile or other applications.
5. Unless you own or control the relevant rights in the material, you must not:

1. republish material from our website (including republication on another website).

1. 1. sell, rent or sub-license material from our website.
   2. show any material from our website in public.
   3. exploit material from our website for a commercial purpose; or
   4. redistribute material from our website.
   5. use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
   6. in any way suggest that Bellafricana is endorsing any services other than its own as provided on its platforms.
   7. display or use a link in a manner that causes this website or any portion of its content to display within a frame, be associated with any advertising or sponsorship not part of the website, or otherwise incorporate website content into a third-party website; or
   8. alter, block, or otherwise prevent display of any content of the website; or
   9. link to this website if the linker’s website may reasonably be considered to be obscene, defamatory, harassing, offensive or malicious, or if the linker’s website infringes any third-party rights or otherwise does not comply with all applicable laws or regulations, or these terms and conditions.
2. Notwithstanding section 9(v), you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person and ensure compliance with this terms and conditions of use.
3. We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality of 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.
4. You must not:
   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.
   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.
   3. use our site or any content therein for any commercial purposes without our prior written consent. (Consent must be first had and obtained).
   4. hack or otherwise tamper with our website.
   5. probe, scan or test the vulnerability of our website without our permission.
   6. circumvent any authentication or security systems or processes on or relating to our website.
   7. “frame” or “mirror” any part of the Service without our prior written consent. (Consent should be first had and obtained).
   8. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, malware, computer virus, Trojan horse, worm, keystroke logger, rootkit, tracking device or other malicious computer software.
   9. upload viruses or other malicious code, wares or any action that compromises the security of the site.
   10. use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method, or process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the site or its contents.
   11. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the site, or cause others to do so.
   12. use the service in any way that could interfere with, disrupt, or negatively affect the site, our networks, services, and all systems connected to our site and service.
   13. use or develop any third-party applications that interact with the site or other members content or information without our prior written consent.
   14. impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity).
   15. decrypt or decipher any communications sent by or to our website without our permission.
   16. 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.
   17. access or otherwise interact with our website using any robot, spider, or other automated means.
   18. forge headers or manipulate identifiers to have the effect of hiding or disguising the origin of any information transmitted to or through our site.
   19. use our website except by means of our public interfaces.
   20. violate the directives set out in the robots.txt file or other files for our website.
   21. use, access, or publish our application programming interface without our prior written consent.
   22. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing); or
   23. use meta tags or code or other devices containing any reference to Bellafricana or our intellectual property to direct any person to any other website for any purpose.
   24. express or imply that any statements you make are endorsed by Bellafricana.
   25. encourage or promote any activity that violates this Agreement.
   26. Do anything that interferes with the normal use of our website.

10. 10. Intellectual Property: Copyright and Trademarks

1. Subject to the express provisions of these terms and conditions:
   1. We, together with our licensors, own and control all the copyright, trademarks and other intellectual property rights in our website and the material on our website and marketplace; and

1. 1. all the copyright and other intellectual property rights in our website and the material on our website and marketplace are reserved.
2. Our logos and other registered and unregistered trademarks belong to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
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, except as permitted by the owners.
4. Our status and that of any identified contributors as the authors/owners of material on our website and marketplace must always be acknowledged. You must not delete any copyright or intellectual property notice from any material printed or downloaded.
5. You must not use any of Bellafricana’s trademarks or the trademarks of any third parties which are on the website without express written permission from the owner.

1. If you print off, copy, download or use any part of our website in breach of these terms and conditions of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made or treat such copies and materials only as we may direct.
2. 11. Privacy policy

We process information about you in accordance with our privacy policy on the website. By using our site, you consent to such processing and you warrant that all data provided by you is complete, true, and accurate.

Kindly refer to the Privacy policy.

12. 12. Due diligence
13. We have the right to perform due diligence checks on all users of the marketplace.

1. You agree to provide to us all such information, documentation, and access to your business premises as we may require:

1. to verify your adherence to, and performance of, your obligations under this Agreement.

1. 1. for the purpose of disclosures pursuant to a valid order by a court or other governmental or regulatory body; or
   2. as otherwise required by law or applicable regulation.

13. 13. You acknowledge that:
14. we do not confirm the identity of all marketplace users, check their credit worthiness or bona fides, or otherwise vet them (except as may be required).

1. 1. we do not check, verify, audit, or monitor all information contained in listings.
   2. we are not party to any contract for the sale or purchase of products advertised on the marketplace.
   3. we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers.
   4. we are not the agents for any buyer or seller

and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

1. We do not warrant or represent:
   1. the completeness or accuracy of the information published on our marketplace.
   2. that the material on the marketplace is up to date.
   3. that the marketplace will operate without fault; or
   4. that the marketplace or any service on the marketplace will remain available.
2. We reserve the right to discontinue or alter any or all our marketplace services, and to stop publishing on our marketplace, at any time in our sole discretion without notice or explanation.
3. We do not guarantee any commercial results concerning the use of the marketplace.
4. To the maximum extent permitted by applicable law and subject to section 14 (i) below, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our marketplace, and the use of our marketplace.

14. 14. Limitations and exclusions of liability

1. Nothing in these terms and conditions of use will:
   1. limit any liabilities in any way that is not permitted under applicable law; or

1. 1. exclude any liabilities or statutory rights that may not be excluded under any applicable law.
2. The limitations and exclusions of liability set out in this section 14 and elsewhere in these terms and conditions:
   1. are subject to section 14 (i); and
   2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions
3. In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.
4. Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions of us shall not exceed the total amount paid and payable to us under the contract, to the extent and as it applies to the buyer seller relationship on the marketplace. Each separate transaction on the marketplace shall constitute a separate contract for the purpose of this section 14 (iv).
5. Notwithstanding section 14 (iv) above, we will not be liable to you for any loss or damage of any nature, including (but not limited to) in respect of:

1. any losses occasioned by any interruption or dysfunction to the website.

1. 1. any losses arising out of any event or events beyond our reasonable control.
   2. any business losses, including (without limitation) loss of or damage to profits, goods, services, reputation, income, revenue, use, production, anticipated savings, anticipated profit or business, contracts, commercial opportunities, or goodwill.
   3. any loss or corruption of any data, database, or software; or
   4. any special, indirect, or consequential loss or damage.
   5. any losses occasioned by interruption of our services.
2. Our marketplace includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
3. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and in adherence to this terms and conditions of use.

15. Links from our Marketplace

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

16. Links to our Marketplace

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our website or marketplace in any website that is not owned by you.

Our website must not be framed on any other website or platform, nor may you create a link to any part of our website other than the home page or attempt to bypass any payment or log on screens.

We reserve the right to withdraw linking permission without notice.

1. If you wish to make any use of content on our website other than that set out above, please contact us with the details provided below.

1. The material displayed on our website is provided without any guarantees, conditions, or warranties as to its accuracy.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

1. use of, or inability to use, our website, marketplace; or
2. content supplied by third parties.
3. use of or reliance on any content displayed on our website and marketplace.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites or platforms. We will not be liable for any loss or damage that may arise from your use of them or any liabilities that arise from your use of such linked websites and platforms.

17. 17. Cybercrimes

You must not misuse our website, mobile and other applications by intentionally introducing spyware, malware, viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to hack and/or gain unauthorised access to our website, the server on which our site is stored, or any server, computer or database connected to our website, applications, and the marketplace. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack or perform any form of illegal activity on, with or through our website, mobile or other applications.

By breaching this provision, you would commit a criminal offence under the Cybercrimes (Prohibition and Prevention etc.orm any form of illegal activity on, with or through our site) Act 2015 or any further revision thereof. We will report any such breach to the law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our marketplace will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

18. Indemnification
19. You hereby undertake to indemnify and keep us indemnified, against:
    1. any and all losses, damages, costs, liabilities, and expenses (including without limitation) on 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 your use of our marketplace or any breach by you of any provision of these terms and conditions or Bellafricana policies or guidelines or the law; and

1. 1. any tax liability that we may incur in relation to any sale, supply or purchase made through our marketplace, where that liability arises out of your failure to pay, withhold, declare or register to pay any tax properly due in any jurisdiction.

19. 19. Breach of the terms and conditions of use

1. If we permit the registration of an account on our marketplace it will remain open, subject to these terms and conditions.

1. If you breach these terms and conditions, or if we reasonably suspect that you have breached these terms and conditions or any Bellafricana policies or guidelines in any way we may:

1. temporarily suspend your access to our marketplace.

1. 1. permanently prohibit you from accessing our marketplace.
   2. block computers using your IP address from accessing our marketplace.
   3. contact any or all your internet service providers and request that they block your access to our marketplace.
   4. suspend or delete your account on our marketplace; and/or
   5. commence legal action against you, whether for breach of contract or otherwise.
2. Where we suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

20. 20. Entire Agreement
21. These terms and conditions of use and Bellafricana policies and guidelines shall constitute the entire agreement between you and Bellafricana Marketplace Limited 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
22. 2 Variation

We may revise these terms and conditions of use at any time by amending this page. You should check this page from time to time to take notice of any changes we make. The revised terms and conditions shall apply from the date of publication on the marketplace.

22. 22. Severability

1. If a provision of these terms and conditions of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

1. If any unlawful and/or unenforceable provision of these terms and conditions of use 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.

23. 23. Assignment
24. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions or use.

1. You shall 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 of use.

24. 24. Third party rights
25. A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

1. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

25. 25. Third Party Service

Our website may display advertisements and promotions offered by third parties and links to other websites or resources. Bellafricana is not responsible for the availability (or lack thereof) of such external websites or resources. If you choose to interact with the third parties made available through our website or service, such party’s terms will govern their relationship with you. We are not responsible or liable for such third parties’ terms or actions.

26. Disclaimer

Whilst we use reasonable endeavours to provide up to date and relevant information and materials, the commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed and decisions should be made. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials or information by any user, visitor, or by anyone who may be informed of any of its contents.

26. Site Updates

We aim to update our website regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. We cannot guarantee that all the material on our website and marketplace will always be up to date.

27. Dispute Resolution

In the event of any dispute, difference or claim arising out of or in connection with this Agreement, the Parties shall promptly meet in good faith for negotiations to resolve the dispute amicably. If the dispute is not settled by negotiation within a reasonable period, but not less than one (1) month, the dispute, difference, or claim shall be referred to the Lagos Multi-Door Courthouse for Mediation or any Mediator as appointed by the parties, which shall be conducted in accordance with the Lagos Multi Door Courthouse Mediation Procedure Rules or other applicable rules. Provided that nothing herein contained in this Agreement shall preclude or be deemed to preclude the parties from exercising its right to seek other reliefs including (but not limited to) injunctions in the Nigerian Courts, pending the determination of the dispute.

The venue for all dispute resolution processes and measures shall be Lagos State, Nigeria

28. Governing Law and Jurisdiction

These terms and conditions of use shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any disputes relating to these terms and conditions of use shall be subject to the exclusive jurisdiction of the courts of the Federal Republic of Nigeria.

29. 29. Our details

The marketplace is operated by Bellafricana Marketplace Limited. We are a corporate entity duly registered in Nigeria. You can contact us with the details provided below:

Email: [email protected]

June 2021