1.0 Introduction
MamAIgbo operates a website commerce platform (“marketplace”), together with supporting logistics and payment infrastructure, for the purchase of consumer products in the UK (“territory”).
These general terms and conditions shall apply to buyers on the marketplace and shall govern your use of the marketplace and related services.
By 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.
• If you use our marketplace in the course of a business or other organizational project, then by so doing you:
confirm that you have obtained the necessary authority to agree to these general terms and conditions.
2.0 Registration and account
You 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).
You may register for an account with our marketplace by completing and submitting the registration form on our marketplace
You represent and warrant that all information provided in the registration form is complete and accurate.
If you register for an account with our marketplace, you will be asked to provide an email address and password and you agree to:
• keep your password confidential;
• notify us in writing immediately (using our contact details provided at section 17.0) if you become aware of any disclosure of your password; and
be responsible for any activity on our marketplace arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
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.
We 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.
You may cancel your account on our marketplace by contacting us as provided at section 17.0.
3.0 Terms and conditions of purchase
You acknowledge and agree that:
• the marketplace provides an online location for buyers to purchase products;
• the price for a product will be as stated in the relevant product listing;
4.0 Payments
You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the marketplace.
5.0 Rules about your content
In these general terms and conditions, “your content” means:
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
all communications on the marketplace, including product reviews, feedback and comments.
• Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete and truthful.
• Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet, and must not:
be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
depict violence in an explicit, graphic or gratuitous manner; or
be blasphemous, in breach of racial or religious hatred or discrimination legislation;
be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
cause annoyance, inconvenience or needless anxiety to any person; or
constitute spam.
• 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:
any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
any right of confidence, right of privacy or right under data protection legislation;
any contractual obligation owed to any person; or
any court order
• 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
• 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.
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.
• 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 item; or (iii) contacting another user with the intent to collect any payments
• You shall not send them personal information including credit card details.
We may periodically review your content and we reserve the right to remove any content in 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 as provided at section 17.0.
6.0 Use of website
In this section words “marketplace” and “website” shall be used interchangeably to refer to Mamaigbo’s websites.
You may:
• view pages from our website in a web browser;
• download pages from our website for caching in a web browser;
• print pages from our website for your own personal and noncommercial use, providing that such printing is not systematic or excessive;
Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not:
republish material from our website (including republication on another website);
sell, rent or sub-license material from our website;
show any material from our website in public;
exploit material from our website for a commercial purpose; or
redistribute material from our website.
Notwithstanding, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.
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.
You must not:
• 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;
• 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;
• hack or otherwise tamper with our website;
• probe, scan or test the vulnerability of our website without our permission;
• circumvent any authentication or security systems or processes on or relating to our website;
• 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;
• impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
• decrypt or decipher any communications sent by or to our website without our permission;
• 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;
• access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
• use our website except by means of our public interfaces;
• violate the directives set out in the robots.txt file for our website;
• use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
do anything that interferes with the normal use of our website.
7.0 Copyright and trademarks
Subject to the express provisions of these general terms and conditions:
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; and
all the copyright and other intellectual property rights in our website and the material on our website are reserved.
Mamaigbo’s 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.
8.0 Data Privacy
Buyers agree to processing of their personal data in accordance with the terms of Mamaigbo’s Privacy and Cookie Notice.
Mamaigbo’s shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.
9.0 Due diligence and audit rights
We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.
You agree to provide to us all such information, documentation and access to your business premises as we may require:
in order to verify your adherence to, and performance of, your obligations under this Agreement;
for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
as otherwise required by law or applicable regulation.
10.0 Mamaigbo’s role as a marketplace
You acknowledge that:
• we do not confirm the identity of all marketplace users, check their credit worthiness or bonafides, or otherwise vet them;
• we do not check, audit or monitor all information contained in listings;
• we are not party to any contract for the sale or purchase of products advertised on the marketplace;
11.0 Limitations and exclusions of liability
Nothing in these general terms and conditions will:
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities or statutory rights that may not be excluded under applicable law.
law.
The limitations and exclusions of liability set out in this section and elsewhere in these general terms and conditions:
are subject to notwithstanding, we will not be liable to you for any loss or damage of any nature, including in respect of:
• any losses occasioned by any interruption or dysfunction to the website;
• any losses arising out of any event or events beyond our reasonable control;
• any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
• any loss or corruption of any data, database or software; or
• any special, indirect or consequential loss or damage.
11.0.1 Indemnification
You hereby indemnify us, and undertake to keep us indemnified, against:
any and all losses, damages, costs, liabilities and expenses 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 general terms and conditions or the Mamaigbo’s codes, policies or guidelines.
11.0.2 Breaches of these general terms and conditions
If we permit the registration of an account on our marketplace it will remain open indefinitely, subject to these general terms and conditions.
If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any Mamaigbo’s codes, policies or guidelines in any way we may:
• temporarily suspend your access to our marketplace;
• permanently prohibit you from accessing our marketplace;
• block computers using your IP address from accessing our marketplace;
• contact any or all of your internet service providers and request that they block your access to our marketplace;
• suspend or delete your account on our marketplace; and/or
• commence legal action against you, whether for breach of contract or otherwise.
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).
11.0.3 Entire Agreement
These general terms and conditions and the Mamaigbo’s codes, policies and guidelines shall constitute the entire agreement between you and us 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
12.0 Hierarchy
Should these general terms and conditions, the buyer terms and conditions, and the Mamaigbo’s codes, policies and guidelines be in conflict, these terms and conditions, the buyers terms
and conditions and the Mamaigbo’s codes, policies and guidelines shall prevail in the order here stated.
13.0 Variation
We may revise these general terms and conditions, the buyer terms and conditions, and the Mamaigbo’s codes, policies and guidelines from time to time.
The revised general terms and conditions shall apply from the date of publication on the marketplace.
14.0 Severability
If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these general terms and conditions 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.
15.0 Assignment
You hereby 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.
16.0 Law and jurisdiction
These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.
Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.
17.0 Our company details
The marketplace is operated by Mamaigbo.com. We are registered in the United Kingdom and our head office is at. You can contact us via email at [email protected] our and via our telephone on +44-7403421522