Go Africa Marketplace

Go Africa MarketPlace Terms and Conditions for usage by Vendors & Merchant


 

Go Africa LLC, Go Africa Trading, & Go Africa MarketPlace  Online Terms of Service

  1. Welcome to Go Africa MarketPlace
    Thanks for your interest in our e-commerce store and Marketplace services (the “Services“)!  
    By using our Services, you agree to (1) these Terms of Service, (2) the Go Africa MarketPlace Program Policies, which include but are not limited to the Content Policiesthe Webmaster Quality Guidelinesthe Services Implementation Policies, and the EU User Consent policy (collectively, the “Go Africa MarketPlace  Policies”), and (3) the Go Africa Branding Guidelines  (collectively, the “Go Africa MarketPlace  Terms“). If ever in conflict, these Terms of Service will take precedence over any other terms in the policies and guidelines enumerated in numbers (2) and (3) above.  Please read these Terms of Service and the rest of the Go Africa Marketplace  Terms carefully.

As used in these Terms of Service, “you” or “vendor”, or “Merchant:” means the individual or entity using the Services (and/or any individual, agent, employee, representative, network, parent, subsidiary, affiliate, successor, related entities, assigns, or all other individuals or entities acting on your behalf, at your direction, under your control, or under the direction or control of the same individual or entity who controls you). “We,” “us” or “Go Africa MarketPlace ” means Go Africa LLC & Go Africa MarketPlace LLC collectively, and the “parties” means you and Go Africa LLC & Go Africa MarketPlace .  

  1. Access to the Services; Go Africa MarketPlace Accounts
    Your use of the Services is subject to your creation and our approval of an Go Africa MarketPlace Account (an “Account“).  We have the right to refuse or limit your access to the Services. In order to verify your Account, from time-to-time we may ask for additional information from you, including, but not limited to, verification of your name, address, and other identifying information. By submitting an application to use the Services, if you are an individual, you represent that you are at least 18 years of age.  You may only have one Account. If you (including those under your direction or control) create multiple Accounts, you will not be entitled to further payment from Go Africa MarketPlace , and your Accounts will be subject to termination, pursuant to the provisions below.  

By enrolling in Go Africa MarketPlace, you permit Go Africa MarketPlace  to serve, as broker, collections agent, and arbitrator for transaction to end customers and as applicable, (i) advertisements and other content (“Orders or transactions  “), (ii) Go Africa MarketPlace  search boxes and search results, and (iii) related search queries and other links to your websites, mobile applications, media players, mobile content, and/or other properties approved by Go Africa MarketPlace  (each individually a “Property“).  In addition, you grant Go Africa MarketPlace  the right to access, index and cache the Properties, or any portion thereof, including by automated means. Go Africa MarketPlace may refuse to provide the Services to any Property.

Any Property that is a software application and accesses our Services (a) may require preapproval by Go Africa MarketPlace  in writing, and (b) must comply with Go Africa MarketPlace ‘s Software Principles.

  1. Using our Services
    You may use our Services only as permitted by the Go Africa MarketPlace Terms and any applicable laws.  Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.

You may discontinue your use of any Service at any time by cancelling your subscription and/or requesting that your product be removed from the Go Africa Marketplace..  

  1. Changes to our Services; Changes to the Go Africa MarketPlace Terms
    We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether.

We may modify the Go Africa MarketPlace  Terms at any time. We’ll post any modifications to the Terms of Service on this page and any modifications to the Go Africa MarketPlace  Policies or the Go Africa MarketPlace  Branding Guidelines on their respective pages.  Changes will generally become effective 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don’t agree to any modified terms in the Go Africa MarketPlace  Terms, you’ll have to stop using the affected Services.

  1. Payment 
    Subject to this Section and Section 6 of these Terms of Service, you will receive a payment minus commission owed and end customer refunds for respective products & services within 14 – 21 days from the dates of confirmed delivery of goods and services to the end customer or user. This governed under the Terms (including all Go Africa MarketPlace  Policies as identified in Section 1 above) for the entirety of the period for which payment is made and through to the date that the payment is issued.  

If your Account is in good standing through to the time when Go Africa MarketPlace  issues you a payment, we will pay you by the end of the calendar month following any calendar month in which the balance reflected in your Account equals or exceeds the applicable payment threshold. If Go Africa MarketPlace  is investigating your compliance with the Go Africa MarketPlace  Terms or you have been suspended or terminated, your payment may be delayed or withheld. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account.  

Payment Threshold:

All accounts must have  an earned balanced of at least 25.00 due to a given vendor or merchant for a payout to occur within the aforementioned payout period.

If you implement search Services, our payments may be offset by any applicable fees for such Services. In addition, Go Africa MarketPlace  may (a) withhold and offset any payments (inclusive of end customer refunds & returns)  owed to you under the Go Africa MarketPlace  Terms against any fees you owe us under the Go Africa MarketPlace  Terms or any other agreement, or (b) require you to refund us within 30 days of any invoice any amounts we may have overpaid to you in prior periods. You are responsible for any charges assessed by your bank or payment provider.

Unless expressly authorized in writing by Go Africa LLC & Go Africa MarketPlace , you may not enter into any type of arrangement with a third party where that third party receives payments made to you under the Go Africa MarketPlace  Terms or other financial benefit in relation to the Services.

Payments will be calculated solely based on Go Africa LLC & Go Africa MarketPlace ‘s accounting. You acknowledge and agree that you are only entitled to payment for your use of the Services for which Go Africa MarketPlace  has been paid; if, for any reason, Go Africa MarketPlace  does not receive payment from an end customer  or credits such payment back to an end customer, you are not entitled to be paid for any associated use of the Services. Additionally, if an end customer defaults on payment to Go Africa MarketPlace, we may withhold payment or charge back your Account.

Go Africa MarketPlace has the right to withhold or adjust payments to you to exclude any amounts Go Africa MarketPlace  determines arise from invalid activity or fraudulent activity.  Invalid activity includes, but is not limited to, (i) spam, invalid orders or purchases, invalid impressions, invalid queries, invalid conversions, or other invalid events on Orders or transactions   generated by any person, bot, automated program or similar device, including through any orders or purchases, impressions, queries, conversions, or other events originating from your IP addresses or computers under your control; (ii) orders or purchases, impressions, queries, conversions, or other events solicited or generated by payment of money, false representation, or other actions; (iii) Orders or transactions   served to end users whose browsers have JavaScript disabled or who are otherwise tampering with ad serving or measurement; (iv) any click, impression, query, conversion, or other event occurring on a Property that does not comply with the Go Africa MarketPlace  Policies; (v) any click, impression, query, conversion, or other event occurring on a Property associated with another Go Africa MarketPlace  Account you use; and (vi) all orders or purchases, impressions, queries, conversions, or other events in any Account with significant amounts of invalid activity, as described in (i-v) above or with the types of invalid activity indicating intentional misconduct. In the event Go Africa MarketPlace  detects invalid activity, either before or after issuing a payment for that activity, Go Africa MarketPlace  reserves the right to debit your Account, and adjust future payments accordingly, for all invalid orders or purchases, impressions, queries, conversions, or other events including for all orders or purchases, impressions, queries, conversions, or other events on Properties that do not comply with the Go Africa MarketPlace  Policies.  

Additionally, Go Africa MarketPlace  may refund or credit end customers  for some or all of the vendor  payments associated with a vendor’s or merchant’s publisher’s Account. You acknowledge and agree that, whenever Go Africa MarketPlace issues such refunds or credits, you will not be entitled to receive any payment for any associated use of the Services.

  1. Termination, Suspension, and Entitlement to Further Payment

Go Africa MarketPlace  may at any time, without providing a warning or prior notice, temporarily suspend further payments on your Account, suspend or terminate the participation of any product or services, or suspend or terminate your Account because of, among other reasons, invalid activity or your failure to otherwise fully comply with the Go Africa MarketPlace  Policies.  Go Africa MarketPlace  can terminate your participation in the Services, and close your Account, if your Account remains inactive for a period of 6 or more consecutive months. If Go Africa MarketPlace  closes your Account due to inactivity, and the balance reflected in your Account equals or exceeds the applicable threshold, we will pay you that balance, subject to our payment provisions in Section 5. If Go Africa MarketPlace  closes your Account due to inactivity, you will not be prevented from submitting a new application to use the Services.

If Go Africa MarketPlace terminates your Account due to your breach of the Go Africa MarketPlace  Terms, including, but not limited to, your causing or failing to prevent invalid activity on any Property, or your failure to otherwise fully comply with the Go Africa MarketPlace  Policies, you will not be entitled to any further payment from Go Africa MarketPlace  for any prior use of the Services. If you breach the Go Africa MarketPlace  Terms or Go Africa MarketPlace  suspends or terminates your Account, you (i) are prohibited from creating a new Account, and (ii) may not be permitted to monetize content on other Go Africa MarketPlace  products.

If you dispute any payment made or withheld relating to your use of the Services, or, if Go Africa MarketPlace  terminates your Account and you dispute your termination, you must notify Go Africa MarketPlace  within 30 days of any such payment, non-payment, or termination by submitting an appeal. If you do not, any claim related to the disputed payment or your termination is waived.

You may terminate your use of the Services at any time by completing the account cancellation process.  Your Go Africa MarketPlace  Account will be considered terminated within 10 business days of Go Africa MarketPlace ‘s receipt of your notice.   If you terminate your Account and the balance reflected in your Account equals or exceeds the applicable threshold, we will pay you that balance, subject to the payment provisions in Section 5, within approximately 90 days after the end of the calendar month in which you terminated your use of the Services.  Any balance reflected in your Account below the applicable threshold will remain unpaid.

  1. Taxes
    As between you and Go Africa MarketPlace , Go Africa MarketPlace is responsible for all taxes (if any) associated with the transactions between Go Africa MarketPlace  and end customers  in connection with Orders or transactions   displayed on the Properties.  You are responsible for all taxes (if any) associated with the Services, other than taxes based on Go Africa MarketPlace ‘s net income.  All payments to you from Go Africa MarketPlace  in relation to the Services will be treated as inclusive of tax (if applicable) and will not be adjusted.  
  2. Testing
    You authorize Go Africa MarketPlace to periodically conduct tests that may affect your use of the Services. To ensure the timeliness and validity of test results, you authorize Go Africa MarketPlace to conduct such tests without notice.
  3. Intellectual Property; Brand Features
    Other than as set out expressly in the Agreement, neither party will acquire any right, title, or interest in any intellectual property rights belonging to the other party or to the other party’s licensors.

If Go Africa MarketPlace  provides you with software in connection with the Services, we grant you a non-exclusive, non-sublicensable license for use of such software.  This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Go Africa MarketPlace , in the manner permitted by the Agreement.  Other than distributing content via the AdMob SDK, you may not copy, modify, distribute, sell, or lease any part of our Services or included software, or reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.  You will not remove, obscure, or alter Go Africa MarketPlace ‘s copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any Go Africa MarketPlace  services, software, or documentation.

We grant you a non-exclusive, non-sublicensable license to use Go Africa MarketPlace ‘s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (“Brand Features“) solely in connection with your use of the Services and in accordance with the Go Africa MarketPlace  Terms.  We may revoke this license at any time.  Any goodwill arising from your use of Go Africa MarketPlace ‘s Brand Features will belong to Go Africa MarketPlace .

We may include your name and Brand Features in our presentations, marketing materials, customer lists and financial reports.

  1. Privacy
    Our privacy policyexplains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Go Africa MarketPlace  can use such data in accordance with our privacy policy. You and Go Africa MarketPlace  also agree to the Go Africa MarketPlace  Orders or transactions   Controller-Controller Data Protection Terms.

You will ensure that at all times you use the Services, the Properties have a clearly labeled and easily accessible privacy policy that provides end users with clear and comprehensive information about cookies, device-specific information, location information and other information stored on, accessed on, or collected from end users’ devices in connection with the Services, including, as applicable, information about end users’ options for cookie management.  You will use commercially reasonable efforts to ensure that an end user gives consent to the storing and accessing of cookies, device-specific information, location information, or other information on the end user’s device in connection with the Services where such consent is required by law.

  1. Confidentiality
    You agree not to disclose Go Africa LLC, Go Africa MarketPlace Confidential Information without our prior written consent. “Go Africa MarketPlace Confidential Information” includes: (a) all Go Africa MarketPlace  software, technology and documentation relating to the Services; (b) click-through rates or other statistics relating to Property performance as pertaining to the Services; (c) the existence of, information about, or the terms of, any non-public beta or experimental features in a Service; and (d) any other information made available by Go Africa MarketPlace  that is marked confidential or would normally be considered confidential under the circumstances in which it is presented.  Go Africa MarketPlace  Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third party.  Notwithstanding this Section 11, you may accurately disclose the amount of Go Africa MarketPlace ‘s gross payments resulting from your use of the Services.  
  2. Indemnity
    You agree to indemnify and defend Go Africa LLC, & Go Africa MarketPlace , its affiliates, agents, and end customers from and against any and all third-party claims and liabilities arising out of or related to the Properties, including any content served on the Properties that is not provided by Go Africa MarketPlace ; your use of the Services; or your breach of any term of the Go Africa MarketPlace  Terms.  Go Africa MarketPlace ‘s end customers  are third-party beneficiaries of this indemnity.
     
    13. Representations; Warranties; Disclaimers
    You represent and warrant that (i) you have full power and authority to enter into the Go Africa MarketPlace  Terms; (ii) you are the owner of, or are legally authorized to act on behalf of the owner of, each Property; (iii) you are the technical and editorial decision maker in relation to each Property on which the Services are implemented and you have control over the way in which the Services are implemented on each Property; (iv) Go Africa MarketPlace  has never previously terminated or otherwise disabled an Go Africa MarketPlace  Account created by you due to your breach of the Go Africa MarketPlace  Terms, including due to invalid activity; (v) entering into or performing under the Go Africa MarketPlace  Terms will not violate any agreement you have with a third party or any third-party rights; and (vi) all of the information provided by you to Go Africa MarketPlace  is correct and current.

OTHER THAN AS EXPRESSLY SET OUT IN THE GO AFRICA MARKETPLACE  TERMS, WE DO NOT MAKE ANY PROMISES ABOUT THE SERVICES.  FOR EXAMPLE, GO AFRICA MARKETPLACE  MAY REFUSE TO SERVE, AS APPLICABLE, (i) ADVERTISEMENTS AND OTHER CONTENT (“ORDERS OR TRANSACTIONS  “), (ii) GO AFRICA MARKETPLACE  SEARCH BOXES AND SEARCH RESULTS, AND (iii) RELATED SEARCH QUERIES AND OTHER LINKS TO YOUR PROPERTIES. WE DO NOT GUARANTEE THAT EVERY PAGE WILL RECEIVE ORDERS OR TRANSACTIONS   OR THAT GO AFRICA MARKETPLACE  WILL SERVE A CERTAIN NUMBER OF ORDERS OR TRANSACTIONS  . ADDITIONALLY, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR PROFITABILITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE EACH SERVICE “AS IS”.

TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED.  WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

  1. Limitation of Liability
    TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS, AND/OR PROPRIETARY INTERESTS RELATING TO THE GO AFRICA MARKETPLACE TERMS, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE GO AFRICA MARKETPLACE  TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) EACH PARTY’S AGGREGATE LIABILITY UNDER THE GO AFRICA MARKETPLACE  TERMS IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY THAT PARTICULAR PARTY IN CONNECTION WITH THESE GO AFRICA MARKETPLACE  TERMS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.  Each party acknowledges that the other party has entered into the Go Africa MarketPlace  Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
  2. Miscellaneous
    Entire Agreement; Amendments.  The Go Africa MarketPlace Terms are our entire agreement relating to your use of the Services and supersede any prior or contemporaneous agreements on that subject.  The Go Africa MarketPlace  Terms may be amended (i) in a writing signed by both parties that expressly states that it is amending the Go Africa MarketPlace  Terms, or (ii) as set forth in Section 4, if you keep using the Services after Go Africa MarketPlace  modifies the Go Africa MarketPlace  Terms.  

Assignment.  You may not assign or transfer any of your rights under the Go Africa MarketPlace  Terms.
Independent Contractors.  The parties are independent contractors and the Go Africa MarketPlace  Terms do not create an agency, partnership, or joint venture.
No Third-Party Beneficiaries. Other than as set forth in Section 12, the Go Africa MarketPlace  Terms do not create any third-party beneficiary rights.
No Waiver. Other than as set forth in Section 6, the failure of either party to enforce any provision of the Go Africa MarketPlace  Terms will not constitute a waiver.
Severability. If it turns out that a particular term of the Go Africa MarketPlace  Terms is not enforceable, the balance of the Go Africa MarketPlace  Terms will remain in full force and effect.
Survival. Sections 5, 6, 8, 12, 14, and 15 of these Terms of Service will survive termination.
Governing Law; Venue. All claims arising out of or relating to the Go Africa MarketPlace  Terms or the Services will be governed by California law, excluding California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Go Africa MarketPlace  consent to personal jurisdiction in those courts.
Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.
Communications. In connection with your use of the Services, we may contact you regarding service announcements, administrative messages, and other information. You may opt out of some of those communications in your Account settings.  For information about how to contact Go Africa MarketPlace , please visit our contact page.

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  1. SHIPMENT

Immediate shipment shall mean shipment within 2- 10  days from the date of order placement and receipt of shipment labels and instructions by the vendor or merchant.

 PARTIAL DELIVERY/¬SEVERABILITY

When right to partial shipment exists, this is severable as to each shipment, and non-delivery, delayed delivery, or non-conformity with order  requirements of any part shall not affect end customer’s  obligations to accept and pay for any other part, which acceptance and payment shall be made without prejudice.

 

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Document name: Go Africa MarketPlace Terms and Conditions for usage by Vendors & Merchant
Unique Document ID: aa787f4ed8a7a7323dd204defd1cc633e3bf582b
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September 9, 2018 2:59 pm EDTGo Africa MarketPlace Terms and Conditions for usage by Vendors & Merchant Uploaded by Go Marketplace - info@goafricamarketplace.com IP 184.153.87.11
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