Go Africa MarketPlace Terms and Conditions for usage by Vendors & Merchant
Go Africa LLC, Go Africa Trading, & Go Africa MarketPlace Online Terms of Service
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 .
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.
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..
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.
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.
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.
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.
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.
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.
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.
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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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.
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
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