These general terms and conditions shall apply to Africa To World online platform users. Users shall mean suppliers/ sellers and buyers of the various products on the online platform.
ATW in this context shall mean Africa To World unless otherwise clearly stated so.
ATW is an online market whose main activity is to promote the sale and buying of African products through its website or applications.
By using the online platforms, you agree to these terms and conditions, and they shall govern your use of the platforms. If you disagree, please do not use the platforms.
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. Do not use the platforms if you are under 18 years of age.
You shall not use the platform or related services for any other business without obtaining the requisite authorization from the board. If you do obtain the necessary authorization, you bind yourself and the third parties to these terms unless the context requires otherwise.
If you open an account with us, you must provide your email address/username and password. By doing so, you agree to our terms and conditions and to keep your information private.
The company shall not be liable for any careless loss or activity arising out of you sharing your private information, including your password, with other parties. Should you become aware of any disclosure of your password to any third party, kindly notify customer care to block, suspend, edit your account details or reset the password, whatever the situation requires.
ATW aims to increase sellers’ sales and buyers’ satisfaction. A sale, therefore, constitutes a transaction between the buyer and seller upon the buyer’s confirmation of the transaction.
ATW facilitates a marketplace for buyers and third-party sellers. In this case, ATW acts as an intermediary between the seller and the buyer. ATW shall accept binding sales, on behalf of the seller, but unless the company is listed as a seller, it shall not be subject to the transaction between the seller and the buyer.
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 or products, upon the buyer’s confirmation of purchase via the marketplace.
A seller who wishes to add his products to the platform shall make a request directly to the company or on the company’s website and/or the applications. ATW reserves the right to either accept or reject the request.
ATW shall use the buyers’ information per these terms and conditions and shall not misuse it in a way that can lead to harm to ATW and/ or the buyer.
If there is an issue arising from the purchase of a product on the marketplace, the buyer should seek recourse through the appropriate channels provided by us. ATW shall act as a mediator for both parties when such disputes arise.
ATW does 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 our 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, the 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.
A buyer must make payments due under these general terms and conditions following the payment channels of the marketplace.
All payments shall be made through ATW’s requisite payment channels. The buyer shall not make any cash payments directly to the seller.
The following are the approved payment channels on the platform;
– Bank and online transfers; and
– Mobile money payments where applicable
ATW reserves the right to amend or alter the payment channels from time to time as the company deems fit.
The contract between the buyer and seller shall be subject to the general terms and conditions of contract law. Notwithstanding this, the price of the product shall be clearly stated on our platforms and shall include all relevant taxes in the seller’s region;
Subject 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;
Delivering, packaging, insurance, administrative, handling charges, and other ancillary costs shall be paid by the buyer if this is clearly expressed on the platforms and the amounts for each are clearly stated so;
Products must be of good quality and conform to the standard and description as expressed by the seller to the buyer on the platform. The seller also warrants that he has good title to transfer the same to the buyer and/or the right to supply the product in this agreement and that the products are not subject to any third-party rights including intellectual property rights and investigations or court processes; and
The 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.
You may view and use our content on our website and application platforms provided it is for personal use and not for commercial purposes.
You should not link our content to any other website, print, download, republish, redistribute, and/ or use our content for any commercial purposes without gaining the requisite confirmation from the respective management in the region. Doing so would amount to infringement of our copyrights and subject to court processes.
You should not use our data for means that are unethical, or pornographic or use our platforms in a way that may damage them, our credibility, and the confidentiality of clients’ information.
The seller undertakes not to develop any applications that are in direct competition with ATW’s platform.
The seller shall package products ordered, through our platforms, appropriately at the seller’s own expense but that packaging shall be appropriate.
ATW shall assist the seller in providing appropriate packaging in cases where the seller cannot provide packaging or requests for ATW’s assistance but at the expense of the seller.
ATW, together with its licensors, owns all copyrights and other intellectual property rights on our platforms including logos and published information, the use of which without permissions, amounts to infringement of our rights.
ATW reserves the right to discontinue or alter any or all of our services in a region at any time at 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 of our services.
The above-mentioned clause is without prejudice to any unfulfilled orders by ATW.
ATW reserves the right to carry out any due diligence checks on all platform users.
Users shall provide ATW with all the necessary information to confirm adherence to the terms and conditions, legal purposes in the said regions, and for purposes of disclosure.
Returns of products by sellers and the acceptance of such products by the buyer and refunds of monies shall be managed by us under this section, at our discretion and subject to the territory’s regulations.
We may make refunds for the product price and local or international shipping fees. We may make refunds through vouchers, mobile money, bank transfers or such methods as we may deem fit from time to time.
ATW reserves the right to charge a cancellation penalty for any products to be returned under its refund policy. In such cases, ATW may request visible proof of the circumstances surrounding the return of goods.
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.
A buyer can initiate a return for eligible products, under this section, within 7 days of the delivery of the products.
A buyer can initiate a request for a return if the delivered product is wrong or different from the description on the platforms, damaged, defective, or a counterfeit item. The buyer can return all eligible products except sensitive items like clothing, lingerie, knickers and boxers, bras, swimwear, perfumes, food groceries, and software.
A returnee is advised to keep all seals and accessories intact and the original packaging of the delivered product sought to be returned.
The returnee should drop off the desired product to be returned at the nearest ATW delivery station or office and shall receive a response within 48 working hours.
ATW or its assigned agents shall either deliver the ordered products directly to its buyers or its pick-up location nearest to the buyers’ addresses and notify the buyer of such delivery.
A buyer shall be able to track an ongoing order on ATW’s or assigned agents’ platforms. ATW shall update the buyer on the said status in regards to confirmation of the order, pick up of the order, transportation, and delivery to the buyer.
Promotions and competitions run by us and/or other promoters shall be managed under the terms and conditions we set with each offer.
Sellers’ content, and the use of your content by us under these general terms and conditions, must be accurate, complete, and truthful.
Sellers’ content must be appropriate, civil, and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet, and must not:
a) Be offensive, obscene, indecent, pornographic, lewd, suggestive, or sexually explicit;
b) Be illegal or unlawful;
c) Infringe any person’s legal rights or be capable of giving rise to legal suit;
d) Infringe any copyrights or intellectual rights;
e) Contradict any contractual obligation owed to another third party;
f) Infringe confidential rights of another party
g) Depict violence in an explicit, graphic, or gratuitous manner;
h) Be blasphemous, in breach of racial or religious hatred or discrimination legislation;
i) Be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; and
j) Cause annoyance, inconvenience, or needless anxiety to any person.
In these general terms and conditions, “your content” means:
a) 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
b) All communications on the marketplace, including product reviews, feedback, and comments.
Once a user has a complaint regarding the services offered by ATW, the user may express his complaint through the website or via email and an internal complaints process shall be initiated to resolve the complaint.
ATW shall resolve the complaints within a reasonable time and revert to the affected party.
We may periodically review your content and we reserve the right to remove any content at our discretion for any reason whatsoever.
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.
The feedback function on the marketplace may be used to facilitate buyer reviews on products. You shall not use the function or any other form of communication to provide inaccurate, inauthentic, or fake feedback.
Sellers must not interfere with a transaction by directly engaging a buyer not to buy the product on the platform and neither should a seller engage other users to buy the product listed on the platforms.
All users of the platforms are solely responsible for interactions with others and parties shall exercise caution and good judgment in communication with others. No personal information including bank, credit card, and mobile money details shall be sent to other parties. Parties who do share such information do so at their own risk and ATW does not assume liability for any losses incurred due to such communications.
The seller grants ATW a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content on our platforms.
The seller also grants ATW the right to sub-license the rights licensed herein and the right to bring an action for infringement of the rights licensed.
Without prejudice to our other rights under these general terms and conditions, 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 of your content.
You consent to receive notices electronically from us. We may provide all communications and information related to your use of the platforms in electronic format, either by posting to our website or application, or by email to the email address on your account. All such communications will be deemed to be notices in writing and received by and properly given to you.
ATW does not limit liability not permitted or excluded under regional laws.
The exclusions and limitations of liability in these rules and regulations should be read as a whole.
ATW does any assume any liability for any incomplete or wrong order for any reasons attributable to the seller or the buyer.
Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract.
You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the marketplace or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
You agree to all losses, damages, costs, liabilities, and expenses (including without limitation 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 platforms or any breach by you of any provision of these general terms and conditions or our codes, policies or guidelines; and any VAT liability or other tax liability that we may incur concerning any sale, supply or purchase made through our platforms, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.
These general terms and conditions and our codes, policies, and guidelines shall constitute the entire agreement between you and us concerning your use of our platforms. They shall supersede all previous agreements between you and us concerning your use of our marketplace.
We reserve the right to revise or alter these general terms and conditions, the seller’s terms and conditions, our codes, policies, and guidelines from time to time.
The continued use of our platforms by the seller and buyer shall amount to acceptance of the said amendments.
Should these general terms and conditions, the seller terms and conditions, and ATW codes, policies, and guidelines conflict, these terms and conditions, the seller terms and conditions, and ATW codes, policies, and guidelines shall prevail in the order here stated.
If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, or if part of it were deleted to make it lawful, that part will be considered deleted and the other provisions will continue in effect.
ATW and some sellers may amend some sections of these terms and conditions by written consent of both acting parties by signing an addendum to their respective contracts.
No waiver of any breach of any provision of these general terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of these general terms and conditions.
These general terms and conditions shall be governed by and construed by the laws of Uganda.
Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of Law in Uganda.
You now agree that we may assign, transfer, sub-contract, or otherwise deal with our rights and/or obligations under these general terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these general terms and conditions.