General Terms and Conditions of Use of our platform for Buyers

Introduction

Big Mama Sweet Mama Africa “BMSMA” or “we” operate an eCommerce platform consisting of a website and mobile application (“marketplace”), for the sale and purchase of consumer products.

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

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/user ID and password and you agree to:

• keep your password confidential;
• notify us in through any of our contact channel immediately (using our contact details provided at our “Contact us” page) 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.

Returns and refunds

Returns 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

Refunds 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:

• in respect of the product price;
• local and/or international shipping fees (as stated on the refunds page); and
• by way of store credits, wallet refunds, vouchers, mobile money transfer, bank transfers or such other method as we may determine from time to time.

Returned products shall be accepted and refunds issued by BMSMA, for and on behalf of the seller where applicable.

Changes 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.

Payments

You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the marketplace.

Use of website and mobile applications

In this section 5 words “marketplace” and “website” shall be used interchangeably to refer to Big Mama Sweet Mama Africa websites and mobile applications.

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;
• stream audio and video files from our website using the media player on our website; and
• use our marketplace services by means of a web browser, subject to the other provisions of these general terms and conditions.
• You may only use our website for your own personal and business purposes in respect of selling or purchasing products on the marketplace
• 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;
• 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.

Data Privacy

Buyers agree to processing of their personal data in accordance with the terms of our Privacy and Cookie Notice.

We 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.

Big Mama Sweet Mama role as a marketplace

• You acknowledge that we do not confirm:
  • the identity of all marketplace users, check their credit worthiness or bona fides, or otherwise vet them;
• We do not warrant or represent:
  • the completeness or accuracy of the information published on our marketplace;
  • that the material on the marketplace is up to date;
  • that the marketplace will operate without fault; or
  • that the marketplace or any service on the marketplace will remain available.
  • 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.

Our marketplace includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Indemnification

You hereby indemnify us, and undertake to keep us indemnified, against:

• any and 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 marketplace or any breach by you of any provision of these general terms and conditions or the BMSMA codes, policies or guidelines; and
• any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our marketplace, 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.

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 BMSMA 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;
• 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).

Entire Agreement

These general terms and conditions, 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.

You can contact us by using our marketplace contact form