Terms & Conditions

Terms and Conditions of Use for Bukam Marketplace

1. Introduction

1.1. "Bukam" is the trading name for the Bukam group companies listed in Appendix 1. Each Bukam group company ("Bukam" or "we") operates an online marketplace platform consisting of a website and a mobile application ("Marketplace"). The Marketplace serves as a platform for the sale and purchase of consumer products and services ("Products") provided by local and small businesses in Nigeria ("Territory").

1.2. These General Terms and Conditions shall apply to buyers and sellers on the Marketplace and will govern your use of the Marketplace and related services.

1.3. By using our Marketplace, you fully accept these General Terms and Conditions. If you disagree with any part of these General Terms and Conditions, you must refrain from using our Marketplace.

1.4. If you use our Marketplace for business or organizational purposes, you confirm that you have the necessary authority to agree to these General Terms and Conditions. You also bind both yourself and the relevant person, company, or legal entity operating the business or organizational project to these General Terms and Conditions. In these General Terms and Conditions, "you" may reference both the individual user and the relevant person, company, or legal entity unless the context requires otherwise.

2. Registration and Account

2.1. You may not register on our Marketplace if you are under 18 years of age. By registering or agreeing to these General Terms and Conditions, you warrant and represent to us that you are at least 18 years of age.

2.2. When you register for an account on our Marketplace, you will be required to provide an email address/user ID and password. You agree to:

2.2.1. Keep your password confidential; 2.2.2. Notify us in writing immediately (using our contact details provided in Section 26) if you become aware of any disclosure of your password; and 2.2.3. Be responsible for any activity on our Marketplace resulting from a failure to keep your password confidential. You may be held liable for any losses arising from such a failure.

2.2.4. Your account is for your exclusive use, and you may not transfer your account to any third party. If you authorize any third party to manage your account on your behalf, this will be at your own risk.

2.2.5. We reserve the right to suspend, cancel, or edit your account details at any time in our sole discretion, without notice or explanation. 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 accordingly.

You may cancel your account on our Marketplace by contacting us using the contact details in Section 26.

3. Terms and Conditions of Sale

3.1. You acknowledge and agree that:

3.1.1. The Marketplace provides an online platform for sellers to sell and buyers to purchase Products. 3.1.2. We facilitate binding sales on behalf of sellers but, except where indicated, Bukam is not a party to the transaction between the seller and the buyer. 3.1.3. A contract for the sale and purchase of a Product or Products will be established between the buyer and the seller. You commit to buying or selling the relevant Product or Products upon the buyer's confirmation of purchase through the Marketplace.

3.2. Subject to these General Terms and Conditions, the seller's terms of business will govern the contract for the sale and purchase between the buyer and the seller. However, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:

3.2.1. The price for a Product will be as stated in the relevant product listing. 3.2.2. The price for the Product must include all taxes and comply with applicable laws. 3.2.3. Delivery charges, packaging charges, handling charges, administrative charges, insurance costs, and other ancillary costs and charges will only be payable by the buyer if expressly and clearly stated in the product listing. Delivery of digital Products may be made electronically. 3.2.4. Products 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. 3.2.5. In 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. The Products are not subject to any third-party rights or restrictions, including third-party intellectual property rights, or any criminal, insolvency, or tax investigation or proceedings. In respect of digital Products, the seller warrants that the seller has the right to supply the digital Products to the buyer.

4. Returns and Refunds

4.1. Returns of Products by buyers and the acceptance of returned Products by sellers will be managed by us in accordance with the returns page on the Marketplace, as may be amended from time to time. Acceptance of returns will be at our discretion, subject to compliance with applicable laws in the Territory.

4.2. Refunds in respect of returned Products will be managed in accordance with the refunds page on the Marketplace, as may be amended from time to time. Our rules on refunds will be exercised at our discretion, subject to applicable laws in the Territory. We may offer refunds in our discretion:

4.2.1. In respect of the Product price; 4.2.2. Local and/or international shipping fees (as stated on the refunds page); and 4.2.3. By way of store credits, vouchers, mobile money transfer, bank transfers, or other methods as we may determine from time to time.

4.3. Returned Products will be accepted, and refunds will be issued by Bukam, acting for and on behalf of the seller. Notwithstanding paragraphs 4.1 and 4.2 above, in respect of digital Products or services and fresh food, Bukam shall issue refunds in respect of delivery failures only. Refunds of payment for such Products for any other reasons shall be subject to the seller's terms and conditions of sale.

4.4. Changes to our returns page or refunds page will be effective in respect of all purchases made from the date of publication of the change on our website.

5. Payments

5.1. You must make payments due under these General Terms and Conditions in accordance with the Payments Information and Guidelines on the Marketplace.

6. Store Credit

6.1. Store Credits may be earned and managed in accordance with the Bukam Store Credit Terms and Conditions, as may be amended from time to time. Bukam reserves the right to cancel or withdraw Bukam store credit rewards for any reason at its discretion, including if fraud or foul play is suspected. You can view Reward Store Credit terms and conditions on our website.

7. Promotions

7.1. Promotions and competitions run by Bukam and/or other promoters shall be managed in accordance with the Promotions Terms and Conditions. You can view each Promotion's terms and conditions on our website.

8. Rules about Your Content

8.1. In these General Terms and Conditions, "Your Content" means:

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 website or for storage or publication on or transmission through our website. 8.1.2. All written communications between you and Bukam or other users of our Marketplace.

8.2. By submitting Your Content, you warrant and represent that Your Content will comply with these General Terms and Conditions.

8.3. Your Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

8.4. Your Content, and the use of Your Content by us in accordance with these General Terms and Conditions, must not:

8.4.1. Be libelous or maliciously false; 8.4.2. Be obscene or indecent; 8.4.3. Infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right; 8.4.4. Infringe any right of confidence, right of privacy, or right under data protection legislation; 8.4.5. Constitute negligent advice or contain any negligent statement; 8.4.6. Constitute an incitement to commit a crime; 8.4.7. Be in contempt of any court or in breach of any court order; 8.4.8. Be in breach of racial or religious hatred or discrimination legislation; 8.4.9. Be blasphemous; 8.4.10. Be in breach of official secrets legislation; or 8.4.11. Be in breach of any contractual obligation owed to any person.

8.5. Your Content must be appropriate, civil, tasteful, and accord with generally accepted standards of etiquette and behavior on the internet.

8.6. 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 these General Terms and Conditions.

9. Your Account Data

9.1. You warrant and represent to us that Your Account Data will comply with the provisions of this Section 9.

9.2. Your Account Data must be accurate and complete, and it must not be misleading. You must disclose all necessary information to enable the other party to assess the risks associated with doing business with you.

9.3. Your Account Data must not include:

9.3.1. Information that is misleading or deceptive; 9.3.2. Information that is discriminatory, sexually explicit, obscene, offensive, hateful, threatening, incites violence or contains nudity or graphic or gratuitous violence; or 9.3.3. Information that is defamatory, libelous, or disparaging.

9.4. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute Your Account Data in any existing or future media.

9.5. You may update and correct any inaccuracies in Your Account Data at any time.

10. Privacy Policy

10.1. Your privacy is important to us. Our Privacy Policy sets out how we collect, use, and protect your personal data. By agreeing to these General Terms and Conditions, you also agree to our Privacy Policy.

11. Password and Security

11.1. If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

11.2. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these General Terms and Conditions.

12. Intellectual Property

12.1. We are the owner or the licensee of all intellectual property rights in our Marketplace, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

12.2. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use our Marketplace content in any way, except for your own personal, non-commercial use.

12.3. You may not adapt, alter, or create a derivative work from any of our Marketplace content except for your own personal, non-commercial use. Any other use of our Marketplace content requires our prior written permission.

13. Changes to our General Terms and Conditions

13.1. We may change our General Terms and Conditions at any time. The most recent version of these General Terms and Conditions will always be available on our website.

13.2. If you use our Marketplace after the effective date of the change, you will be deemed to have accepted the change. If you do not agree to the change, you must refrain from using our Marketplace.

14. Termination

14.1. We may:

14.1.1. Suspend your access to our Marketplace; 14.1.2. Temporarily or permanently discontinue our Marketplace; or 14.1.3. Prohibit you from accessing our Marketplace,

at any time, in our sole discretion, for any reason, without notice to you.

15. No Warranty or Guarantee

15.1. Bukam provides our Marketplace on an "as is" basis and makes no representations or warranties of any kind, express or implied, with respect to our Marketplace or the information, content, materials, or products included on our Marketplace.

15.2. Bukam does not warrant the accuracy, completeness, or reliability of the content or materials on our Marketplace or that the use of our Marketplace will be uninterrupted or error-free.

16. Limitation of Liability

16.1. Nothing in these General Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

16.2. To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms that may apply to our Marketplace or any content on it, whether express or implied.

16.3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

16.3.1. Use of, or inability to use, our Marketplace; or 16.3.2. Use of or reliance on any content displayed on our Marketplace.

16.4. In particular, we will not be liable for:

16.4.1. Loss of profits, sales, business, or revenue; 16.4.2. Business interruption; 16.4.3. Loss of anticipated savings; 16.4.4. Loss of business opportunity, goodwill, or reputation; or 16.4.5. Any indirect or consequential loss or damage.

16.5. If you are a business user, please note that in particular, we will not be liable for:

16.5.1. Loss of profits, sales, business, or revenue; 16.5.2. Business interruption; 16.5.3. Loss of anticipated savings; 16.5.4. Loss of business opportunity, goodwill, or reputation; or 16.5.5. Any indirect or consequential loss or damage.

16.6. If you are a consumer user, please note that we only provide our Marketplace for domestic and private use. You agree not to use our Marketplace for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16.7. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Marketplace or to your downloading of any content on it, or on any website linked to it.

16.8. We assume no responsibility for the content of websites linked on our Marketplace. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

16.9. We will not be liable for any loss or damage caused by any unauthorized use of your account.

17. Indemnity

17.1. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities, and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these General Terms and Conditions, or arising out of any claim that you have breached any provision of these General Terms and Conditions.

18. Breaches of these General Terms and Conditions

18.1. Without prejudice to our other rights under these General Terms and Conditions, if you breach these General Terms and Conditions in any way, or if we reasonably suspect that you have breached these General Terms and Conditions in any way, we may:

18.1.1. Send you one or more formal warnings; 18.1.2. Temporarily suspend your access to our Marketplace; 18.1.3. Permanently prohibit you from accessing our Marketplace; 18.1.4. Block computers using your IP address from accessing our Marketplace; 18.1.5. Contact any or all of your internet service providers and request that they block your access to our Marketplace; 18.1.6. Commence legal action against you, whether for breach of contract or otherwise; and/or 18.1.7. Suspend or delete your account on our Marketplace.

18.2. Where we suspend or 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.

19. Assignment

19.1. 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.

19.2. 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.

20. Severability

20.1. 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 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.

21. Exclusion of Third Party Rights

21.1. These General Terms and Conditions are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these General Terms and Conditions is not subject to the consent of any third party.

22. Entire Agreement

22.1. Subject to Section 16.1, these General Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our Marketplace and supersede all previous agreements between you and us in relation to your use of our Marketplace.

23. Law and Jurisdiction

23.1. These General Terms and Conditions will be governed by and construed in accordance with the laws of the United States, and any disputes relating to these General Terms and Conditions will be subject to the exclusive jurisdiction of the courts of the United States.

24. Contact Information

24.1. If you have any questions about these General Terms and Conditions, please contact us using the contact information provided on our website.

These General Terms and Conditions were last updated on 06/09/2023.