MUSHA STORE
TERMS AND CONDITIONS
- Introduction
Welcome to the Musha Store Application. We are glad that you have decided to use our platform as your preferred marketplace. Musha is a trading name that comprises of a group of companies and the Musha Store is simply a Marketplace where buyers and sellers do trade. These Terms of Use describe the Terms and Conditions applicable in accessing this platform or any sort of information or products that come out of this e-commerce platform. They apply to all buyers and sellers of this marketplace and shall govern all related activates that are in line with the marketplace.
This document is a legally binding agreement between you as the user(s) of the Site (referred to as ‘you’. ‘your’ or ‘user’). By using this marketplace, you agree to all Terms and Conditions of the marketplace in full and if you do not agree to any of the Terms and Conditions, you must not use this marketplace. If you use this marketplace at any time, you agree and confirm that you have attained the necessary authority and agree to the general terms and conditions, you bind both yourself and the person, company or any other legal entity that operates that business or organizational project to these terms and conditions and you agree that these general terms and conditions shall be used as a reference for both the individual user and the person, company or legal entity unless the context requires otherwise.
- Registration and Acceptance of Terms
- You are not allowed to access the services of this site if you are under the age of 18 which is the legal age and as such, by using this platform, you warrant, represent to us and agree that you are over the age of 18 years.
- Musha Store may amend the Terms of Use at any time and by using the platform, you agree that the amended and Restated Terms of Use apply to you.
- If any platform translation in any language is posted on this platform, you agree that the translation applies to you.
- If you register an account with Musha Store, amongst the requirements, you will be required to provide your email address and password for your log in details and as such, you are required to notify us using the, ‘Contact Us’ option if someone has breached your account without you being aware of it.
- You agree that you keep your password confidential.
- You agree that with any carelessness of not having your log in kept confidential, the losses that you will obtain is entirely your fault and that Musha Store won’t be accountable for it.
- You agree that this account will exclusively only be used by you and if you allow any third party to use your account, it is at your own risk.
- You agree that you may deactivate your account on the marketplace by contacting us
- You agree that you will not use any false information of yours when signing up. Failure to do so will make sure you are banned from using the Musha Store platform and legal actions may be taken against you. Fraud is a crime.
- You agree that when you choose the option of being a student of a university, you are still (currently) a student of that university and you haven’t left the university either through graduation, by changing the university, by dropping out or any other reason. You also agree that you are really a student of the ‘stated’ university to begin with.
- When you are signing up as a student, you agree that the ID or the screenshot of your student portal that shows your necessary details that match your sign-up details are accurate and not fabricated. If it is noted that you have used the wrong details, your account will be suspended and legal actions might be taken against you for fraud.
- You agree that you will not use anyone’s details to sign up lest legal actions will be taken against you and your account will be suspended.
- You agree that if you wish to change your phone number, email address or any other information of yours, you will contact the Musha Team with a detailed explanation as to why you wish to change any information that you signed up with.
- Terms and Conditions of Trade
You acknowledge and agree that
- all purchases are between you two (the seller and the buyer) and Musha Store is not a third party in your transactions.
- if you have bought and collected something that is faulty or doesn’t match what you wanted, it is not Musha Store’s fault and things are to be dealt between the buyer and the seller. Musha Store can only go as far as helping you with some of the details of the client that they used when signing up such as their school, phone number and email address only and this will only be done when a police report has been presented to us.
- all damages or injuries that may have occurred to you as a result of using the platform are in no way Musha’s fault and it will just be between the buyer and the seller.
- you will by no means advertise products that are not yours on this platform and that everything that has been advertised belongs to you and no one else.
- the location that you have put for people to find you belongs to you and not someone else. If it is found that you are not the sole owner of what you have advertised on your account, you risk being suspended from using the platform and legal actions may be taken against you.
- the contact detail you put on this platform is your default phone number that buyers will use to contact you and that you will not include any other phone number either in the description or location section when uploading a product.
- despite having put your correct details on the product; when approached by a buyer, you will not refer them to another person as being the owner of the product.
- the seller’s contract of sale shall govern the deal between the both of you when it comes to payments
- it is mandatory to put a price of the product and the price that has been put is the correct price of the product that can’t be changed. If one wishes to change the price, they ought to delete the product and upload a new one which has the new price.
- the details of the product posted cannot be changed and the only way that they can be changed is by you, ‘the seller’, deleting the product and posting a new product with the correct details.
- as a seller, what you have posted matches the quality and all the details that you have described in your description. If there is any fault, you are required to state it.
- all payment deals are between the buyer and the seller and that Musha Store won’t have anything to do with any complaints of payments.
- Payments
- You agree that: if you wish to subscribe as someone who is not a student, you wish to subscribe for more slots, you wish to subscribe for any of the available packages that suit your description or you wish to sponsor any of your products, all payments are to be made within the application on the subscription page and about 72 hours is given to the Musha Store before you see all that you have subscribed for happen.
- Refund and Cancellation policy
- You agree that if the Musha Store doesn’t apply the package as stated in 72 hours, you will be entitled to have your money back into your account 96 hours after your purchased request, which is 24 hours after the 72 hours that the Musha Store is given to fulfil what you have requested for.
- You agree that any refunds between buyers and sellers are between them and Musha Store will not be involved in anyway if such was to occur.
- You agree that once any of the subscriptions have been paid for, there will be no refund given back to you if you change your mind about the option that you have requested for unless what’s been talked about in section 5.i.
- You agree that if a subscription is made that does not coincide with what you have requested for, you will contact the Musha Team to rectify it and your refund will not be given back to you.
- Rules about your Content
- You agree that the content that you have posted on this platform be it images of your products, your profile image, your product description, your location and contact details can be used by Musha Store to post on our social media platforms or anywhere else where we wish to post the content. This might be used to help you advertise your products.
- You agree that all reviews that users have given you are accurate and that all comments given to you are accurate. If you by any means have a query about any of the comments given to you, you are required to contact the Musha team.
- You agree that no abusive language or insults are permitted to be used on the platform in any way. If you are found using any insults or abusive language, you will be suspended from using the platform.
- You agree that no illegal products are allowed to be sold on the platform, you risk being suspended from using the platform.
- You agree that no pornographic material or any illicit images will be allowed to be posted on the platform, you risk being suspended from the platform.
- You agree that all images and content that are posted on the platform is appropriate, of good moral standards, civil and with general accepted standards of etiquette.
- You agree that the Musha Store can remove your products at any time when we feel the need to do so especially if it breaches any of the terms and conditions mentioned or any reason we may have as we will be reviewing products periodically.
- You agree that this platform is strictly a marketplace and not an advertising place for any concerts, conferences, witchcraft or anything else that doesn’t comply with whatever the Musha Store deems fit as what’s supposed to be found in a marketplace.
- You agree that your behavior on this platform will not depict any form of violence or threats, will not lewd anyone sexually be it in advertising obscene services, will not incite any form of cyber bullying, will not be blasphemous against any race or religion, will not cause anxiety or annoyance to any person and that no content will constitute spam.
- You agree that your content will not include any copyright material or any material that has a trademark of another company without having a legal permit to do so.
- You agree that your content will not breach any right of privacy or right under the data protection legislation.
- You agree that your content will not breach any contractual obligation owed to any person; or any court order.
- You agree that you will not post any link that will redirect someone to any website or any different platform that is not Musha.
- You agree that you will not post anything on this platform that has ever been threatened of any legal actions or a similar complaint.
- You agree that your reviews and comments that have been posted are accurate and are not to bring anyone down or up.
- You agree that if a product is out of stock, you will remove it from the platform. Musha Store will be contacting you every month to ask if your product is still available and if you won’t reply within a week, you risk your product being deleted from our platform.
- You agree that if you find anything illegal or obscene or anything that might be offensive to you or the general public, you will contact us as provided by the contact section.
- Our rights to use your content
- You agree that you grant us a worldwide irrevocable, non-exclusive, royalty-free license to use, reproduce, publish, translate, edit and distribute your content on our marketplace and across all our marketing channels and any existing or future media platforms.
- You agree that you grant us the right to sub-license the rights licensed under section 7.i
- You agree that you grant to us the right to bring an action for any infringement of the rights licensed under section 7.i
- You agree that you hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
- You agree that without any prejudice to our other rights under these terms and conditions, if you hereby breach our rules on these terms and conditions in any way or if we reasonably suspect that you have breached our rules; we may delete, apply legal actions, unpublish, suspend you from using our platform or edit any or all of your content at large depending on what we feel is appropriate.
- Rights to use our application
- You agree that you are allowed to view products of the application if you have signed up and then signed into the platform.
- You agree that you are not allowed to take screenshots of your desired product or download any image posted on this platform unless permission has been obtained from the Musha team.
- You agree that by using the application, you have agreed that these terms and conditions apply to you.
- You agree that the sole reason why you are using this application is to either buy or sell products.
- You agree that unless you own or control the relevant rights in the material posted on our platform: You must not republish material from our application (including republication on another website), you must not sell, rent or sub-license material from our application, you must not show any material from our application in public, you must not exploit material from our application for a commercial purpose and you will not redistribute material from our application unless written consent has been granted to you by the Musha Team.
- You agree that we may suspend use of our application at any time. These can be in times of maintenance or updates.
- You agree that you will not bypass any access restriction allowed by this application.
- You agree that you will not use the application in any way that may cause any form of damage to it, affect its performance, accessibility, integrity and security of the website.
- You agree that you will not use this application for any illegal or fraud activity.
- You agree that you will not temper with this application in any way by trying to find any loopholes in it.
- You agree that you won’t probe, scan or test the vulnerability or this application without our permission.
- You agree that you will not in any way bypass or evade any authentication or security systems or processes on or relating to our application.
- You agree that you will not use this application 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 any other malicious computer software.
- You agree that you will not impose an unreasonably large load on our application resources (including bandwidth storage capacity and processing capacity).
- You agree that you will not decrypt or decipher any communications sent by or to this application without our permission.
- You agree that you will not 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 application without our written consent.
- You agree that you will not access or otherwise interact with our application using any robot spider or other automated means except for the purpose of search engine indexing.
- You agree that you will not use this application except by the means of our public interfaces.
- You agree that you will by no means violate the directives that are set out in the robots.txt file for this application.
- You agree that you will not use data collected from this application for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
- You agree that you will not do anything that interferes with the normal use and function of our application.
- Copyright and Trademarks
- We together with out licensors own and control all the copyright and other intellectual property rights and material on this application; and
- all the copyright and other intellectual property rights and material on this application are reserved.
- Musha’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks. Any such use may constitute an infringement of our rights. Never should anyone advertise products with our logo or name unless written permission has been given to you.
- The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such, we cannot grant any license to exercise such rights.
- Musha’s role as a marketplace
- Musha will facilitate any complaints made against a user except those stated-on section 3 or any other section that have clearly described the extent as to which Musha Store can go.
- We will enforce everything that has been talked about in the Terms and Conditions.
- We do not warrant or accredit that the marketplace will operate without any fault; or that the marketplace or any service on the marketplace will remain available during the occurrence of events beyond Musha’s control (force majeure events) which include but are not limited to; any natural disasters such as flood, drought or earthquakes, hacking viruses malware or other malicious software attacks on the marketplace, terrorist attacks, civil war, civil commotion or riots, war threats or preparation of war, epidemics or pandemics, extra-constitutional events or circumstances which materially and adversely affect the political or macro-economic stability of the territory as a whole or any other related events that might occur that are beyond our control.
- 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; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any marketplace services or if we stop publishing the marketplace. This is without prejudice to your rights in respect to any unfulfilled subscriptions or other existing liabilities of Musha.
- If we discontinue or alter any or all of our marketplace in circumstances not relating to force majeure and examples given on section 10.3, we will provide prior notice to the buyers and sellers of not less than fourteen (14) days with clear guidance on the way forward for the pending transactions, subscriptions or other existing liabilities of Musha.
- We do not guarantee any commercial results concerning the use of the marketplace.
- We are not liable to any loss and damage of your products whatsoever.
- We are not liable for any fraud that you will encounter with other users of the platform.
- We are not responsible for loss by any third-party applications or websites that might happen to pop up on the application and you click on them.
- Breaching these terms and conditions
- You agree that if you successfully sign up into this application, these terms and conditions apply to you and you have accepted to use them.
- You agree that if you breach these general terms and conditions or if we suspect that you have breached any of them or any Musha policies in any way, we may: Temporarily suspend your access to our marketplace, permanently prohibit you from accessing our marketplace, block computers or phones 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, willfully remove your products from our marketplace 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 bypass or circumvent such suspension or prohibition or blocking (including without limitation; creating and/or using a different account).
- Agreement
- These general terms and conditions and the Musha policies and guidelines (and in respect of the seller’s terms and conditions where necessary and deemed fit by the Musha team) 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.
- These general terms and conditions in any conflict shall prevail if there is any court case or query.
- We may revise these general terms and conditions and all Musha policies from time to time.
- The revised general terms and conditions shall apply from the date of publication on the marketplace.
- No waiver of any breach of any provision of these general terms and conditions shall be construed as a further or continuing waiver or any other breach of that provision or any breach of any other provision of these general terms and conditions.
- If a provision of these general terms and conditions is determined by a court or other competent authorities to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any lawful and/or enforceable provision of these general terms and conditions would be unlawful or unenforceable, if part of it were deleted, that part will be deemed to be deleted and the rest of the provision will continue in effect to be lawful and/or enforceable.
- 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.
- A contract under these general terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
- The exercise of the parties’ rights under a contract under these general terms and conditions is not subject to the consent of any third party.
- 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.
- You consent to allowing us to send notices electronically to you, be it from your registered email address, contact details, WhatsApp or any other social media platforms. All such communications will be deemed as notices in writing and received by and properly given to you without any form of annoyance, spam, junk or crossing any boundaries or disturbance.