By signing up for, or using the Konga services or its affiliates, you are agreeing to be bound by the following terms and conditions. The services offered by Konga under the Terms of Service include various products and services to help you sell goods and services to buyers, whether Online or Offline.
- Customer Service
- Membership Eligibility
- Your Account and Registration Obligations
- Use of Konga.com Website
- Contents Posted on Site
- Other Businesses
- MANDATORY DECLARATION
- Disclaimer Of Warranties And Liability
- TERMS AND CONDITIONS FOR EATERIES FOOD AND DRINK OUTLET MERCHANTS GIFT CERTIFICATES & TERMS AND CONDITIONS FOR NON-EATERIES MERCHANT GIFT CERTIFICATES
- Merchant Service Agreement
This document is an electronic record in terms of National Information Technology Development Agency Act, 2007 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the National Information Technology Development Agency Act, 2007. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of the Konga.com website www.Konga.com (hereinafter referred to as "Konga.com.") and tools are governed by the following terms and conditions as applicable to Konga.com. If you transact on Konga.com, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with Konga Online Nigeria Limited, a company incorporated under Companies and Allied Matters Act, 2004 with head office at 3B Cocoa Road,off Akilo Road,Ogba Lagos, Nigeria and these terms and conditions constitute your binding obligations.
Use of the Konga Website is available only to persons who can form legally binding contracts under Nigerian governing laws. If you are a minor i.e. under the age of 18 years, you shall not register as a member of Konga.com and shall not transact or use Konga.com website. As a minor if you wish to use or transact on Konga.com, such use or transaction may be made by your legal guardian or parents who have registered as users of Konga.com. Konga.com reserves the right to terminate your membership and refuse to provide you with access to Konga.com if it is brought to Konga Online Shopping Limited’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to Konga.com, You agree and understand that You are communicating with Konga.com through electronic records and You consent to receive communications via electronic records from Konga.com periodically. Konga.com may communicate with You by email or by such other mode of communication, electronic or otherwise.
Membership on Konga.com is free. Konga.com does not charge any fee for browsing and buying on Konga.com. However, Konga.com reserves the right to charge a fee and change its policies from time to time. In particular, Konga.com may at its sole discretion introduce new services and modify some or all of the existing services offered on Konga.com. In such an event Konga.com reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.Changes to the Fee and related policies shall automatically become effective immediately once implemented on Konga.com.Unless otherwise stated,all fees shall be quoted in Nigerian Naira.You shall be solely responsible for compliance of all applicable laws including those in Nigeria for making payments to Konga.com.
Use of Konga.com Website
You agree, undertake and confirm that your use of Konga.com shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which You do not have any right.
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" or misleading in any way.
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
- promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
- tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Solicits gambling or engages in any gambling activity which Konga, in its sole discretion, believes is or could be construed as being illegal;
- interferes with another user's use and enjoyment of Konga.com Website or any other individual's user and enjoyment of similar services;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Threatens the unity, integrity, defence, security or sovereignty of The Federal Republic of Nigeria, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Shall not be false, inaccurate or misleading;
- Shall not, directly or indirectly,offer, attempt to offer;trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Konga reserves the right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of Konga.com website, or any other systems or networks connected to Konga.com Website or to any Konga server, computer, network, or to any of the services offered on or through Konga.com Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of Konga website or any network connected to Konga.com website nor breach the security or authentication measures on Konga.com website or any network connected to the Website.
- You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Konga.com Website, or any other customer of Konga.com, including any Konga.com account not owned by you, to its source, or exploit Konga.com Website or any service or information made available or offered by or through Konga.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Konga.com Website.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Konga.com Website or Konga’s systems or networks, or any systems or networks connected to Konga.com.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.;
- You may not forget headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Konga.com on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
- You shall not lift (i.e. copy and paste) images of products you want to sell on Konga.com from other websites, images to be used must be original images and not stolen images or content posted on another site. And in the event that you violate this term, you hereby indemnify Konga of any third party claim thereon.
- You understand that Konga has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Konga.com Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury
Please be advised that such Content posted does not necessarily reflect the views of Konga.com. In no event shall Konga assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Konga.com. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Konga.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Konga shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Konga.com.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Konga.com and that you may be involuntarily exposed to such offensive and obscene materials. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Konga.com and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Konga.com, and that the recipient may use such information to harass or injure you. Konga does not approve of such unauthorized uses but by using the Konga.com Website you acknowledge and agree that Konga will not be responsible for the use of any personal information that you publicly disclose or share with others on Konga.com. Carefully select the type of information that you publicly disclose or share with others on Konga.com.
Konga shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through a group(s) of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All text,graphics,user interfaces,visual interfaces, photographs,trademarks,logos,sounds,music,artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content,contained on Konga.com is owned,controlled or licensed by or to Konga Online Shopping Limited, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
- do not remove any proprietary notice language in all copies of such documents,
- use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
- make no modifications to any such information, and
- not make any additional representations or warranties relating to such documents.
Konga does not take responsibility or liability for the actions, products, content and services on Konga.com website, which are linked to Affiliates and / or third party websites using Konga.com APIs or otherwise. In addition, Konga.com may provide links to the third party websites of affiliated companies and certain other businesses for which, Konga assumes no responsibility for examining or evaluating the products and services offered by them, and Konga does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Konga.com does not in any way endorse any third party website(s) or content thereof.
Konga.com welcomes links to this site. You may establish a hypertext link to Konga.com website, provided that the link does not state or imply any sponsorship or endorsement of your site by Konga.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on Konga.com, including any logos or characters, without the express written consent of Konga.com and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Konga.com website without Konga’s prior written consent.
- You hereby declare that you have provided all necessary Legal Delivery Details for the shipment of the product to the destination specified by you in the Order.
- You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
Disclaimer Of Warranties And Liability
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Konga.com on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Konga.com does not warrant that:
- This website will be constantly available, or available at all; or
- The information on this website is complete, true, accurate or non-misleading.
Konga will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Konga.com website.
Konga does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Konga.com website; their servers; or electronic communication sent from Konga.com are free of viruses or other harmful components
Nothing on Konga.com constitutes, or is meant to constitute, advice of any kind.
All the products sold on Konga.com are governed by laws of The Federal Republic of Nigeria and if Konga is unable to deliver such products due to implications of the laws, Konga will return or will give credit for the amount received by Konga from the sale of such product, which could not be delivered to you.
You will be required to enter a valid phone number while placing an order on Konga.com. By registering your phone number with us, you consent to be contacted by Konga via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Konga will not use your personal information to initiate any promotional phone calls or SMS'.
While availing any of the payment method(s) offered at Konga.com, Konga.com will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction(s), or
- Exceeding the preset limit mutually agreed by you and between your "Bank(s)", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s.
All payments made against the purchases/services on Konga.com by you shall be compulsorily in Nigerian Naira acceptable by the Central Bank of Nigeria. Konga.com does not accept any other form of currency with respect to the purchases made on Konga.
The Wallet ("Wallet") is a pre-paid payment instrument which is associated with your Konga.com account. You can maintain a balance of money with Konga.com and redeem it at your convenience.
Konga.com will not pay any interest on the amount maintained by you in your Wallet.
Refill of Wallet: Your Wallet can be refilled, using any of the pre-paid payment options only. You will be able to recharge your Wallet up to an amount of N1,000,000 in one instance. There is no need to maintain a minimum balance.
Refund of Wallet Amount: Your wallet comprises of three types of balances - Store credit (which is a credit granted by Konga.com typically in lieu of a cancelled order), Topped-up balance (which is a prepaid amount that you added to wallet to pay for future orders on Konga.com) and Promotional balance (which is credit granted by Konga.com purely for promotional or goodwill purposes). Topped-up balance (prepaid amount) as well as the Promotional balance added to the Wallet will be non-refundable While Store credit will continue to be entirely refundable.
Limitation of Liability: In no event will Konga.com be liable for any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of Wallet or association with the Wallet.
Without limiting other remedies, Konga.com may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to Konga.com website in the event, but not limited to:
- If Konga.com is unable to verify or authenticate any information you provide; or
If it is believed that your actions may cause legal liability for you, other Users or Konga.com.
This Agreement shall be governed by and interpreted and construed in accordance with the laws of The Federal Republic of Nigeria. The place of jurisdiction shall be exclusively in Lagos, Nigeria.
Jurisdictional Issues/Sale in Nigeria Only
Unless otherwise specified, the material on Konga.com is presented solely for the purpose of sale in Nigeria. Konga makes no representation that materials/services in Konga.com are appropriate or available for use in other locations/Countries other than Nigeria. Those who choose to access this site from other locations/Countries other than Nigeria do so on their own initiative and Konga is not responsible for supply of goods/availability of services, refund for the goods or services ordered from other locations/Countries other than Nigeria, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by Konga Online Shopping Limited. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Konga.com web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
We at Konga respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at [email protected]
Risk of loss
All items purchased from Konga.com are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with Konga until the item is transferred to You. In the event that the items are damaged after receipt, the risk falls on the customer.
Product and Service Description
Konga.com tries to be as accurate as possible.However, Konga.com does not warrant that product or service description or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered on Konga.com itself is not as described, your sole remedy is to return it in unused condition.
Pricing and Typographical error
If Konga.com comes across any difference in pricing resulting from typographic errors with regards to pricing or product/service information, Konga.com shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.
Cancellation of order
Konga.com reserves the right to cancel any order without any explanation for doing so, under situation where Konga.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Konga.com policy or for any reason. However, Konga.com will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
Note that in the event of cancellation of a ‘pay on delivery’ orders, Konga will not be liable in any form where the customer proceeds to receive orders following an earlier cancellation.
- Termination of Service Konga.com reserves the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our goods and services with or without prior communications. You hereby consent that Konga.com will under no circumstance be liable to you or any third party for any modification or discontinuance of availability of goods or services on the website.
Limitation of Liability
IN NO EVENT SHALL Konga.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF Konga.com HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.KONGA’S AGGREGATE LIABILITY TO YOU, ANY INDIVIDUAL OR ANY THIRD PARTY IN ANY MATTER ARISING HEREFROM, RELATED OR CONNECTED TO OUR GOODS AND SERVICES IS AT THE COMPANY’S SOLE DISCRETION.
TERMS AND CONDITIONS FOR EATERIES FOOD AND DRINK OUTLET MERCHANTS GIFT CERTIFICATES & TERMS AND CONDITIONS FOR NON-EATERIES MERCHANT GIFT CERTIFICATES
This section of our terms and conditions covers;
Section A: “TERMS AND CONDITIONS FOR EATERIES, CAFES AND FOOD AND DRINK OUTLET MERCHANT GIFT CERTIFICATES” while
Section B: “TERMS AND CONDITIONS FOR NON-EATERIES MERCHANT GIFT CERTIFICATES”.
SECTION A -TERMS AND CONDITIONS FOR EATERIES, FOOD AND DRINK OUTLET MERCHANT GIFT CERTIFICATES
The terms and conditions in this section A and all other Terms and Conditions applicable to you as a Merchant govern all Merchants on Konga.com who sell a variety of edibles and beverages as its type of business and makes such available to Customers via Konga.com by giving the customers the opportunity to purchase same via Vouchers on Konga.com.
Every Voucher purchased by a customer on Konga.com will clearly have printed on it the number of times it can be redeemed. Please note that this is pre-determined by the Merchant and Restaurant.
Note the following;
Section B: “TERMS AND CONDITIONS FOR NON-EATERIES MERCHANT GIFT CERTIFICATES”.
Other Terms and Conditions
Please note that all Merchants who already have goods and services, or Prospective Merchants who have sent in request to have their goods and services uploaded or advertised on konga.com in order to conduct transactions, including but not limited to;
- Merchants who sell Goods on Konga.com
- Merchants who offer Services on Konga.com
- Firms/Organizations who choose to advertise on Kongas’s website (i.e. Advertisers, either on a trade by barter basis with Konga or on a strictly Advertisement service level) are hereby governed by the Terms and Conditions here in.
- ADVERTISING Advertising Services offered by Konga.com include, but are not limited to the display of certain goods, services and information about your business from time to time, splashing adverts, direct calls to you and sending certain information to users of Konga.com via different means (i.e. SMS messages or emails).
All vouchers purchased and thereafter printed from the Konga.com platform are strictly promotional vouchers which are offered at prices below their face value and thereafter purchased by customers.
In light of the above they are subject to all Terms and Conditions of Konga Online Shopping Limited as stipulated on this page and also the Terms and Conditions and Redemption Policies of the Merchant or Restaurant. All customers who intend to purchase on the Konga.com platform are subject to the specific limitations in relation to the goods or services. (i.e. if a Merchant specifies that only one Konga.com Voucher maybe purchased by a customer, the customer must abide by same, if the customer goes ahead to purchase more than stipulated and tries to redeem the excess, the Merchant is at liberty to refuse redemption of same without paying any compensation or refund whatsoever to the customer. In such an instance Konga.com will not compensate the customer for any such contraventions, neither will the customer receive a refund in relation to the purchase.
An Eatery Specific Gift Voucher is strictly issued by that Eatery, who is also a Merchant on our platform and not Konga. The Eatery or Merchant is therefore fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. Eatery -Specific Vouchers and Merchant Vouchers are redeemable “as is” only and may not be redeemed incrementally.A Konga.com Voucher can only be redeemed at the cash value paid by the customer for it (i.e. if you paid N500.00 for a Konga Voucher, but the voucher gives you N3000.00 of value to the Merchant, the cash value that you paid is N500.00 as opposed to the authentic value/actual value of N3000.00).Please note all expiration dates on Vouchers are valid and therefore govern the last date which you can use the VOUCHER, in the event you do not redeem your voucher before the expiration, you automatically forfeit same, unless the law provides otherwise.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to [email protected] or to our office at 3B Cocoa Road,off Akilo Road, Ogba Lagos.
Merchant Service Agreement
As a demonstration of our commitment to Nigeria and Nigerian entrepreneurs, Konga Online Shopping Limited (“Konga”, “us”), Nigeria’s Largest Online Mall opened up its online platform (“Mall”) to Nigerian businesses to enable merchants sell their products, giving instant nationwide access to their products. Merchants can also enjoy all the benefits that come with having an online store by being able to sell their products and offer services to customers all over Nigeria. Businesses that sign up to Konga’s Mall will have a free microsite provided for them, and Konga will provide additional value-added services including but not limited to marketing, customer service and logistics partnerships to cater for customers in all 36 states in Nigeria as well as Abuja. Konga will also provide dedicated account managers to all merchants. Merchants can greatly increase sales and revenue by partnering with us, while we worry about getting their products to customers all over Nigeria. We also provide convenient payment terms for the proceeds of merchants’ sales. Konga offers its customers both prepaid and pay-on-delivery payment options for goods purchased. All merchants have to do to enjoy all these benefits is to review and accept the terms and conditions of the Konga Mall Service Agreement below. Konga reserves the right to alter these Terms & Conditions at any point without notice, by updating the content on the Konga website.
In consideration of the mutual covenants set forth in this Agreement, Seller and Konga (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows:
The Seller agrees to compensate Konga for the services rendered listed in section 2 below (“Services”).
Delivery of Services
Konga will use reasonable diligence in rendering the Services offered to the Seller, which include the following:
- Online storefront tailored to the Seller with payment gateway and escrow service at Konga.com;
- Access to SellerHQ and other account management systems;
- Access to a dedicated account officer and other account management services;
- Access to logistics partners;
- Provision of analytics;
- Seller Services Helpline Number (Mon – Fri; 08:00 – 18:00)
- E-marketing, and other marketing services as available and appropriate.
Konga may at its sole discretion add or remove Services from the above list from time to time and some of the new services may attract separate charges, in which case the Seller will be informed before provision of the said services.
Konga reserves the right to alter or vary the available Services, the nature of the Services and any charges at its sole discretion.
The Seller agrees to use reasonable diligence in providing Konga with genuine products, up-to-date product quantity information and accurate product information.
For all of the Services provided by Konga under this Agreement, the Seller shall compensate Konga, with commissions or other payments as required, in accordance with the terms of the ‘Commission Structure’, which will be communicated to all sellers; or agreed in advance between both parties, or detailed elsewhere on the Konga website.
Every Merchant shall have an opening/ minimum balance of N10, 000.00 (Ten Thousand Naira) only in his/her Konga Wallet upon registration with Konga. Konga shall have the right to deduct commissions for all “Self-fulfilled Orders” directly from the Merchant’s Konga Wallet or from his/her designated Bank Account in the event his/her wallet is empty.
Konga will from time to time review the category commission structure and will notify the Seller of any changes by communicating directly to sellers, or publishing the same on the SellerHQ portal, or on Konga’s website not less than fourteen (14) days before any variation in commission rate or charging structure takes place. Konga will remit payments for sales generated by the Seller on its platform minus the agreed commission and all applicable taxes as soon as products sold have been delivered and applicable return period has lapsed, or as agreed between the Parties.
The Seller and Konga acknowledge and agree that the scope of work and all other documents and information related to the development of the Services (the “Confidential Information”) will constitute valuable trade secrets of Konga. Seller shall keep the Confidential Information in confidence and shall not at any time during or after the terms of this agreement, without Konga’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the “Confidential Information” definition is anything that can be seen by the public.
Konga shall be deemed as an independent contractor. Konga will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Seller will not withhold or pay any income tax, social security tax, or any other payroll taxes on Konga’s behalf. Konga is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the Seller. Konga understands that it will not be entitled to any fringe benefits that Seller provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.
This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. Konga reserves the right to alter these terms and conditions at any point without notice, by updating the content on the Konga website.
Seller warrants that everything it gives Konga to use in the delivery of the Services or any deliverable is legally owned or licensed to the Seller. The Seller agrees to indemnify and hold Konga, its employees and associates harmless from any and all claims brought in the performance of the Services.
Seller shall indemnify and hold KONGA harmless in respect of any action that may be taken against it, or any claims that may be brought against it, for whatever reason and of whatever nature – including, but not limited to, breach of law, regulation and/or any of the obligations and warranties under this Contract – by any third party in respect of the Contents and/or the Services and/or any and all activities related and connected to the Contents and/or the Services, irrespective of any direct liability of the Seller (“Third Party Claim”).
Limitation of Liabilty
A) Not withstanding applicable returns policy, Merchant further covenants to:
- Pick up fresh returned orders from the Konga Pick Up Centres within 7 days of notification of such return via sms or e-mail, failing which, the order will be sent back to Konga’s Warehouse and another notification to the merchant to request for the delivery of same at KOS rates.
-If the item remains unrequested for a while at the Konga Warehouse, Konga shall send a notification of the daily cost of demurrage to the merchant at N200.00.
- If the merchant fails to respond after 10 days, Konga shall notify merchant by sending reminder emails or smss every day, for an extra 4 days.;
- In the event that the goods are not picked up from the Pick Up Centres after 7 days and still remain un-requested for after 14 days elapses, such Merchant goods shall be destroyed by Konga.
B) Merchant agrees to indemnify, defend and hold harmless Konga against and from any third party claims (including reasonable legal or arbitration costs) arising from:
- Any breach or default on the part of the merchant of any obligations
- Negligent act or omission of merchant; or
- Wilful violation of the law, wrong description and price of products advertised; or
- An offence committed by merchant.
- Provision of fake, inferior or substandard products that have been sold as genuine;
- Listing and selling products that have not been authorized for sale by the appropriate regulatory body (including but not limited to the NCC, NAFDAC, SON etc);
- Fails to meet the Quality of Service Standards (QoS) as defined in the SellerHQ ratings system (details on request);
- Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading.
The Seller hereby authorizes Konga to set-off by whatever means the whole or any part of Seller’s liabilities to Konga or its customers under this Agreement (or any other contract with us) against any funds or goods credited to or owing to the Seller under this Agreement (or any other contract with us). Konga may exercise this right of set-off at any time, without notice to the Seller, whether either liability is present or future, cash or assets, and whether or not either liability arises under this Agreement. If the liabilities to be set off are expressed in different currencies or forms, Konga may convert either liability at a market rate of exchange for the purpose of set-off. In the event such set-off does not fully reimburse Konga for the amount owed, the Seller shall immediately pay Konga such outstanding amount. The Seller shall hold harmless any financial institution that follows our request pursuant to this clause. Any exercise of Konga’s right under this provision is without prejudice and in addition to any rights or remedies available to Konga under this Agreement or otherwise.
Term & Termination
Either Party shall have the right to terminate this Agreement for cause immediately and without notice in the event of a breach of the obligation under this Agreement by the other Party.
Konga has the right to evict the Seller from Konga if any, or a combination, of the following breaches are committed:
- Fails to make a product that has been sold on Konga Mall available for delivery within three (3) business days after it was supposed to be available for delivery;
- Provides fake, inferior or substandard products that have been sold as genuine;
- Provides used, refurbished or damaged products that has been sold as new or unused;
- Lists and sells products that have not been authorized for sale by the appropriate regulatory body (including but not limited to the NCC, NAFDAC etc);
- Fails to meet the Quality Of Service Standards (QoS) as defined in the SellerHQ ratings system (details on request);
- Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading;
- Engages in any activity that brings Konga, or any of Konga’s partners or other mall vendors into disrepute.
Konga reserves the right to alter these QOS rules at any time, and in the event of any changes Konga will inform the Seller by publishing the same on Konga’s website. Konga will send a formal warning to the Seller after each incident.
The Parties agree that there shall attach no liability for any inability to carry out any obligations under this Agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lock outs, war, flood, insurrection and other acts of God PROVIDED however that where an event of force majeure subsists for more than One (1) month the Party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this Agreement.
This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. Konga reserves the right to alter these terms and conditions at any point without notice, by updating the content on the Konga website.
Sellers shall be responsible for insurance in relation to goods shipped to customers.
Copyright and Infringement Trademark
Konga respects all copyright and trademarks of others. As a Seller on our website you must in turn respect these rights. Konga will immediately terminate or suspend a seller who infringes another’s trademark or copyright.
The Parties hereby enter into this Agreement as independent contractors, and this Agreement will not be construed to create a partnership, joint venture, or employment relationship between them. Neither Party will represent itself to be an employee of the other or enter into any agreement or legally binding commitment or statement on the other’s behalf or in the other’s name.
Restrictions and Prohibitions
- All product descriptions must be true, accurate and non-misleading.
- Products sold by Sellers must not be fraudulently obtained or involve the sale of counterfeit or stolen items.
- Sellers must not infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; Konga will in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of sellers who may be infringers.
- Sellers must comply with governing laws, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, anti-discrimination or false advertising).
- Products/description of products must not be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities.
- No display of images containing pornography is permitted.
- You must not sublease Your account or give another access to Your account or sublease Your Store to third parties;
- Sellers must not incur liability for Konga and its subcontractors or expose them to undue risk or otherwise engage in activities that Konga, in its sole discretion, determines to be harmful to Konga's affiliates, operations, reputation, or goodwill.
- Sellers must not post or display any materials that exploits or otherwise exploits children under age of 18 years.
- Sellers must not conduct activities such as gambling, sweepstakes, raffles and lotteries.
Konga is compliant with all the Money Laundering Regulations and all Money Laundering activities are prohibited.
Governing Law and Dispute Resolution
As regards any dispute relating in any way to your use of any Konga Service, or to any products or services sold or distributed by Konga or through Konga.com, K-express, Konga Travels or Kongapay. Party do hereby covenant that he/she shall not commence or maintain any suit against Konga whether at law or in equity, but Parties shall use all reasonable endeavours to settle any dispute or difference of opinion between them, arising from or in connection with this Agreement amicably through mutual discussion. If the dispute cannot be resolved by mutual discussions within a period of fourteen (14) days from the date of notice, such dispute or claim will be resolved by binding arbitration, rather than in court. And the decision by the arbitrator shall be final. Each party shall provide his/her own arbitrator at their own cost. Both arbitrators shall agree on a neutral arbitrator whose decision will be final. The fee for the Neutral arbitrator shall be shared equally by both parties. The Arbitration shall be carried out in accordance with the provisions of the Arbitration and Conciliation Act Cap A18 Laws of the Federation 2004 or any amendment or re-enactment thereof. The Arbitration shall take place in Lagos, Nigeria and be conducted in English Language.