Terms & Conditions

Introduction
1.1”Fraternity solutions” is the trading name for the fraternity solutions group companies listed at Appendix 1. Each fraternity solutions group company (“Fraternity solutions” 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”).

1.2These general terms and conditions shall apply to buyers and sellers on the marketplace and shall govern your use of the marketplace and related services.

1.3By 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.

1.4If you use our marketplace in the course of a business or other organizational project, then by so doing you:

1.4.1confirm that you have obtained the necessary authority to agree to these general terms and conditions;

1.4.2bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and

1.4.3agree 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.

Registration and account
2.1You 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).

2.2If 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:

2.2.1keep your password confidential;

2.2.2notify us in writing immediately (using our contact details provided at section 26) if you become aware of any disclosure of your password; and

2.2.3be responsible for any activity on our marketplace arising out of any failure to keep your password confidential, and you acknowledge that you may be held liable for any losses arising out of such a failure.

2.3Your 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.

2.4We 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. See section 4.2 below for further information about refunds.

2.5You may cancel your account on our marketplace by contacting us as provided at section 26.

Terms and conditions of sale
3.1You acknowledge and agree that:

3.1.1the marketplace provides an online location for sellers to sell and buyers to purchase products;

3.1.2we shall accept binding sales, on behalf of sellers, but (unless fraternity solutions is indicated as the seller) fraternity solutions is not a party to the transaction between the seller and the buyer; and

1. 3.1.3a 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 or products, upon the buyer’s confirmation of purchase via the marketplace.
2. 3.2Subject to these general 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:
3. 3.2.1the price for a product will be as stated in the relevant product listing;
4. 3.2.2the price for the product must include all taxes and comply with applicable laws in force from time to time;
5. 3.2.3delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, where applicable, will only be payable by the buyer if this is expressly and clearly stated in the product listing; and delivery of digital products may be made electronically;
6. 3.2.4products must be of satisfactory quality, fit and safe for any purpose specified in, 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
7. 3.2.5in respect of physical products sold, the seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products and/or has the right to supply the products pursuant to this agreement, 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; and in respect of digital products the seller warrants that the seller has the right to supply the digital products to the buyer.
8. 3.2.6The Seller warrants that, where a product sold has such terms, the Seller will provide detailed disclosure of the product terms and conditions, any applicable warranty, and other terms necessary to inform the buyer on the product and its usage in the specification section provided on each product page.
9. Returns and refunds
10. 4.1Returns 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.
11. 4.2Refunds 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:
12. 4.2.1in respect of the product price;
13. 4.2.2in respect of local and/or international shipping fees (as stated on the refunds page); and
14. 4.2.3by way of store credits, vouchers, mobile money transfer, bank transfers or such other methods as we may determine from time to time.
15. 4.3Returned products shall be accepted and refunds issued by fraternity solutions, acting for and on behalf of the seller. Notwithstanding paragraphs
16. 4.1 and 4.2 above, in respect of digital products or services and fresh food, fraternity solutions 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.
17. 4.4Changes 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.
18. Payments
19. 5.1You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the marketplace.
20. Rules about your content
21. 8.1 In these general terms and conditions, “your content” means:
22. 8.1.1 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
23. 8.1.2 All communications on the marketplace, including product reviews, feedback, and comments.
24. 8.2 Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete, and truthful.
25. 8.3 Your content must be appropriate, civil, and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet, and must not:
26. 8.3.1 Be offensive, obscene, indecent, pornographic, lewd, suggestive, or sexually explicit.
27. 8.3.2 Depict violence in an explicit, graphic, or gratuitous manner.
28. 8.3.3 Be blasphemous, or in breach of racial or religious hatred or discrimination legislation.
29. 8.3.4 Be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, or inflammatory.
30. 8.3.5 Cause annoyance, inconvenience, or needless anxiety to any person.
31. 8.3.6 Constitute spam.
32. 8.4 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:
33. 8.4.1 Any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right.
34. 8.4.2 Any right of confidence, right of privacy, or right under data protection legislation.
35. 8.4.3 Any contractual obligation owed to any person.
36. 8.4.4 Any court order.
37. 8.5 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.
38. 8.6 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.
39. 8.7 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.
40. 8.8 You must not interfere with a transaction by:
41. (i) Contacting another user to buy or sell an item listed on the marketplace outside of the marketplace.
42. (ii) Communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller, or item.
43. (iii) Contacting another user with the intent to collect any payments.
44. 8.9 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.
45. 8.10 We may periodically review your content and we reserve the right to remove any content at our discretion for any reason whatsoever.
46. 8.11 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 26.
47. Use of website and mobile applications
    10.1 In this section 10, the words “marketplace” and “website” shall be used interchangeably to refer to Fraternity Solutions’ websites and mobile applications.
    10.2 You may:
    10.2.1 View pages from our website in a web browser.
    10.2.2 Download pages from our website for caching in a web browser.
    10.2.3 Print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive.
    10.2.4 Stream audio and video files from our website using the media player on our website.
    10.2.5 Use our marketplace services by means of a web browser, subject to the other provisions of these general terms and conditions.
    10.3 In this section 10, the words “marketplace” and “website” shall be used interchangeably to refer to Fraternity Solutions’ websites and mobile applications.
    10.4 You may only use our website for your own personal and business purposes in respect of selling or purchasing products on the marketplace.
    10.5 Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.
    10.6 Unless you own or control the relevant rights in the material, you must not:
    10.6.1 Republish material from our website (including republication on another website).
    10.6.2 Sell, rent, or sub-license material from our website.
    10.6.3 Show any material from our website in public.
    10.6.4 Exploit material from our website for a commercial purpose.
    10.6.5 Redistribute material from our website.
    10.7 Notwithstanding section 10.6, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.
    10.8 We reserve the right to suspend or restrict access to our website, to areas of our website, and/or to functionality upon 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.
    10.9 You must not:
    10.9.1 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.
    10.9.2 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.
    10.9.3 Hack or otherwise tamper with our website.
    10.9.4 Probe, scan, or test the vulnerability of our website without our permission.
    10.9.5 Circumvent any authentication or security systems or processes on or relating to our website.
    10.9.6 Use our website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
    10.9.7 Impose an unreasonably large load on our website resources (including bandwidth, storage capacity, and processing capacity).
    10.9.8 Decrypt or decipher any communications sent by or to our website without our permission.
    10.9.9 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.
    10.9.10 Access or otherwise interact with our website using any robot, spider, or other automated means, except for the purpose of search engine indexing.
    10.9.11 Use our website except by means of our public interfaces.
    10.9.12 Violate the directives set out in the robots.txt file for our website.
    10.9.13 Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing).
    10.9.14 Do anything that interferes with the normal use of our website.
    
    Copyright and trademarks
    11.1 Subject to the express provisions of these general terms and conditions:
    11.1.1 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.
    11.1.2 All the copyright and other intellectual property rights in our website and the material on our website are reserved.
    11.2 Fraternity Solutions’ 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.
    11.3 The third-party registered and unregistered trademarks or service marks on our website are the property of their respective owners. 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.
48. Fraternity Solutions’ Role as a Marketplace
49. 14.1 You acknowledge that:
50. 14.1.1 Fraternity Solutions facilitates a marketplace for buyers and third-party sellers or Fraternity Solutions, where Fraternity Solutions is the seller of a product.
51. 14.1.2 The relevant seller of the product (whether Fraternity Solutions is the seller or whether it is a third-party seller) shall at all times remain exclusively liable for the products they sell on the marketplace.
52. 14.1.3 In the event that there is an issue arising from the purchase of a product on the marketplace, the buyer should seek recourse from the relevant seller of the product by following the process set out in Fraternity Solutions’ Dispute Resolution Policy.
53. 14.2 We commit to ensuring that Fraternity Solutions, or third-party sellers, as applicable, submit information relating to their products on the marketplace that is complete, accurate, and up-to-date, and pursuant thereto:
54. 14.2.1 The relevant seller warrants and represents the completeness and accuracy of their information published on our marketplace relating to their products.
55. 14.2.2 The relevant seller warrants and represents that the material on the marketplace is up to date.
56. 14.2.3 If a buyer has a complaint relating to the accuracy or completeness of the product information received from a seller (including where Fraternity Solutions is the seller), the buyer can seek recourse from the relevant seller by following the process set out in the Fraternity Solutions Dispute Resolution Policy.
57. 14.3 We do not warrant or represent that the marketplace will operate without fault, or that the marketplace or any service on the marketplace will remain available during the occurrence of events beyond Fraternity Solutions’ control (force majeure events), which include but are not limited to flood, drought, earthquake, or other natural disasters; hacking, viruses, malware, or other malicious software attacks on the marketplace; terrorist attacks, civil war, civil commotion, or riots; war, threat of or preparation for war; epidemics or pandemics; or extra-constitutional events or circumstances which materially and adversely affect the political or macro-economic stability of the territory as a whole.
58. 14.4 We reserve the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any marketplace services, or if we stop publishing the marketplace. This is without prejudice to your rights in respect of any unfulfilled orders or other existing liabilities of Fraternity Solutions.
59. 14.5 If we discontinue or alter any or all of our marketplace in circumstances not relating to force majeure, we will provide prior notice to the buyers and sellers of not less than fifteen (15) days with clear guidance on the way forward for the pending transactions or other existing liabilities of Fraternity Solutions.
60. 14.6 We do not guarantee any commercial results concerning the use of the marketplace.
61. 14.7 To the maximum extent permitted by applicable law and subject to section 15.1 below, we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our marketplace, and the use of our marketplace.