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Transaction Services Agreement

Part A:  New version – updated on March 4th, 2020

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY AND TERMS OF DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL LETTERS.THIS AGREEMENT RELATES TO ALEIGRO.COM

Thank you for trading on Aleigro.com’s web-based transaction platforms.  This Transaction Services Agreement (this “Agreement”) describes the terms and conditions on which you conclude online transactions for products and services by using the websites, mobile sites, mobile applications and other online transaction portals owned, operated, branded or made available by Aleigro.com (defined below) from time to time which relate to (a) the Aleigro.com e-commerce platform including but not limited to the web and mobile-optimized versions of the websites identified by the uniform resource locator “www.aleigro.com” and the mobile applications of the Aleigro.com e-commerce platform (the “Aleigro Sites”); and (b) the Afamuziq e-commerce platform including but not limited to the web and mobile-optimized versions of the websites identified by the uniform resource locator “www.afamuziq.com”and the mobile applications of the Aleigro e-commerce. This Agreement contains various limitations on Aleigro.com’s transaction services offered through the Sites as well as gives various powers and authority to Alibaba.com with respect to online transactions effected using Alibaba.com’s transaction services offered through the Sites.  This includes without limitation the power and authority to reject or cancel an online transaction, to refund the funds to a buyer or to release the funds to a seller.  You should read this Agreement and, to the extent as applicable, the relevant Transactional Terms (defined in clause 1.2 below), and other rules and policies of Aleigro.com (including those specified in clause 1.3), as well as (i) the Mobile money  Services Agreement made between you as a User (as defined below) and Aleigro Ecommerce shopping platform Africa (“Aleigro”).

1.  Application and Acceptance of Terms

1.1 Contracting Party. This Agreement is entered into between you (also referred to as “Member” hereinafter) and the Aleigro.com contracting entity determined in accordance with this clause 1.1 (“Aleigro.com” or “we”) for use of Aleigro.com’s certain transaction services offered through the Sites as described hereunder

If you are from outside Cameroon, you are contracting with Aleigro.com  Cameroon E-Commerce Private Limited (incorporated in in Cameroon under Afadesigns with Company Reg. No. 200720572D).

If you are from outside Cameroon, you are contracting with Aleigro.com  Cameroon E-Commerce Private Limited and Afadesigns Inc. provides technical support in connection with the transaction services utilizing its strengths in network technologies, etc

1.2 Transactional Terms. Aleigro.com provides an online transaction platform and ancillary services on the Sites (such platform and services, the “Transaction Services”) which allow registered members of the Sites to conclude online transactions for products or services within the Sites subject to the terms of this Agreement.  Aleigro.com may publish transaction rules, dispute rules and other rules and policies for any type of online transactions and any subsequent amendments or modifications (“Transactional Terms”) as may be made from time to time.  Such Transactional Terms are expressly incorporated into this Agreement by reference and you agree to be bound by such rules and policies.

1.3 General Terms. You agree that you shall also comply with relevant rules and policies published on the Sites which are also incorporated into this Agreement by reference (“General Terms”).  The General Terms include without limitation:

  • Terms of Use;
  • Free Membership Agreement
  • Product Listing Policy;
  • Aleigro.com Privacy Policy (for users who access or use the Sites relating to the Aleigro.com e-commerce platform)  or the Privacy Policy of “www.aleigro.com” .
  • Intellectual Property Right (IPR) Protection Policy.

1.4 Binding Agreement. This Agreement, including the Transactional Terms and the General Terms, and, to the extent as applicable, the Aleigro Wholesale Services Agreement and the Aleigro.com Supplemental Services Agreement, form a legally binding agreement between you and Alibaba.com in relation to your use of the Transaction Services.  By accessing and using the Transaction Services, you agree to accept and be bound by this Agreement.  Please do not use the Transaction Services if you do not accept all of the terms of this Agreement.

1.5 Amendments. Aleigro.com may amend any terms of this Agreement including the Transactional Terms, the General Terms, the Aleigro.com Supplemental Services Agreement and other related agreements at any time by posting the relevant amended and restated version on the Sites.  The amended terms shall be effective immediately upon posting.  We will endeavor to give you advance notice of material changes to this Agreement.  By continuing to use the Transaction Services, you agree that the amended terms will apply to you.  This Agreement may not otherwise be amended except in writing by an authorized officer of Aleigro.com.

1.6 Language Version. If Aleigro.com has posted or provided a translation of the English version of any terms of this Agreement, including the Transactional Terms, the General Terms and other related agreements, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Transaction Services.

1.7 Aleigro.com Affiliates.  Some of the Transaction Services may be supported by our affiliates.

 1.8 Additional Terms.  In some cases, you may be required to additionally enter into a separate agreement with Aleigro.com or our affiliates in connection with the Transaction Services (“Additional Terms”).  If there is any contradiction between the provisions of this Agreement and the provisions of the Additional Terms, the Additional Terms shall govern the relevant types of Transaction Services or Online Transactions (defined below in clause 2.1), as appropriate.

1.9 Membership Services.  This Agreement does not affect your agreement with us or any of our affiliates concerning your subscription and use of the membership services of the Sites, unless otherwise stipulated in this Agreement or the relevant service agreement.

2.  Transaction Services

2.1 Transaction Services.  Aleigro.com’s Transaction Services are designed to facilitate registered members of the Sites to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites (“Online Transactions”), which may include certain services which will be either supported by (i) Mobile Money or its affiliates, or (ii) Aleigro.com. Aleigro.com reserves the right to change, upgrade, modify, limit or suspend the Transaction Services or any of its related functionalities or applications at any time temporarily or permanently without prior notice without any liability for any losses or damages arising out of or in connection with such suspension or termination. Aleigro.com further reserves the right but shall not be obliged to introduce new features, functionalities or applications to the Transaction Services or to future versions of the Transaction Services. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise expressly stated by Aleigro.com.

2.2 Members Only.  Aleigro.com’s Transaction Services are only available to registered members of the Sites.  If your subscription to the paid or free membership of the Sites expires or is terminated early for any reason, you are not eligible to use the Transaction Services.  In the event that you have a valid Online Transaction under this Agreement at the point at which your paid or free membership registration on the Sites is terminated, Aleigro.com shall have the full discretion and authority to refund to Buyer and/or release to Seller (both Buyer and Seller as defined below) all or part of the funds under the Online Transactions as Aleigro.com considers appropriate in its sole discretion.   If you are a Seller, you are required to provide a valid bank account subject to verification and confirmation by Aleigro.com and our affiliates.

2.3 Types of Transactions. Aleigro.com’s Transaction Services are available to those types of Online Transactions permitted by Aleigro.com only.  For any type of Online Transactions, Aleigro.com may limit any or all of the Transaction Services to a specified group of members in accordance with the relevant Transactional Terms.  The types of Online Transactions and other benefits, features and functions of the Transaction Services available to a registered member may vary for different countries and regions.  No warranty or representation is given that the same type and extent of transactions, benefits, features and functions will be available to all members.

2.4 Lawful Items. The products or services of an Online Transaction using the Transaction Services must be lawful items and must not be otherwise prohibited or restricted by this clause 2.4.  You shall not use the Transaction Services in connection with any Online Transaction that:

(a) may infringe Aleigro.com’s or any third party’s legitimate or proprietary rights including but not limited to copyright, trademark right, patent or other intellectual property rights;

(b) may be in breach of the Product Listing Policy or the Intellectual Property Right (IPR) Protection Policy; or

(c) may be in breach of other terms of this Agreement including, but not limited to, the Transactional Terms, the General Terms and the Aleigro.com Supplemental Services Agreement.

Aleigro.com shall have the right to refuse or cancel any Online Transaction which it determines in its sole discretion to be in breach of this clause 2.4.

2.5 Refuse or Cancel Transactions.  Apart from clause 2.4, Aleigro.com reserves the right, at our sole discretion, to refuse or cancel any Online Transaction for any reason without any liability for any losses or damages arising out of or in connection with such refusal or cancellation. Some situations that may result in an Online Transaction being rejected or canceled include where problems are identified by our credit and fraud control department, where Aleigro.com has reason to believe the Online Transaction is unauthorized, violates any law, rule or regulations or may otherwise subject Aleigro.com or any of our affiliates to liability.  Aleigro.com may also require additional verifications or information for any Online Transaction, and you agree to provide such verifications and information to Aleigro.com upon request.

2.7 Transactional Terms.  For any type of Online Transactions, Aleigro.com may impose additional restrictions, limitations and prohibitions as well as penalties for any violations in the relevant Transactional Terms.

2.8 Disputes between Buyers and Sellers. You agree that any Dispute arising between you and the other party to an Online Transaction will be handled in accordance with clause 10, and that Aleigro.com shall have the full right and power to make a determination for such Dispute or to delegate or sub-contract such power to another party.  Upon receipt of a Dispute, Aleigro.com shall have the right to request either or both of Buyer and Seller to provide supporting documents.  You agree that Aleigro.com shall have the absolute discretion to reject or receive any supporting document. You also acknowledge that Aleigro.com is not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person.   Further, we do not warrant that the supporting documents that the parties to the Dispute submit will be true, complete or accurate.  You agree not to hold Aleigro.com and our affiliates liable for any material which is untrue or misleading. You agree to release and indemnify Aleigro.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute.

 

2.9 Powers of Aleigro.com.  you expressly acknowledge and agree that Aleigro.com shall have the full power, authority and discretion to reject or cancel an Online Transaction without any liability for any losses or damages arising out of or in connection with such refusal or cancellation and to make a determination on any dispute between buyer and seller including the remittance of the funds under an online transaction that are held by Mobile Money as instructed by Aleigro.com in accordance with this Agreement, the Aleigro Services Agreement, and the relevant Transactional Terms.  You also acknowledge that this Agreement, the Aleigro Services Agreement, the Aleigro.com Supplemental Services Agreement and the relevant Transactional Terms may not cover all issues that may arise in connection with an Online Transaction.  You agree and accept that Aleigro.com shall have the right to modify or supplement the Transactional Terms at any time.  You further agree and accept that Aleigro.com shall have the right to make determinations wherever Aleigro.com considers appropriate having regard to the evidence received by us, commonly accepted principles and practices in the relevant industries and interests of both Buyer and Seller regardless whether the issue in question has been expressly addressed in the Transactional Terms or this Agreement.

2.10 Aleigro.com’s Records. In case of any dispute in connection with any Online Transaction, the records of Aleigro.com shall take precedence and be conclusive.

2.11 Transactions involving a third party finance provider.

You agree that:

(a) Aleigro.com does not guarantee any third party finance provider (the “Lender”) will provide financing to Buyer (defined in clause 3 below) in connection with the Online Transaction and shall not be held liable to either Buyer or Seller (defined in clause 3 below) in connection with any third party financing in connection with the Online Transaction;

(b) each of Buyer and Seller hereby authorizes Aleigro.com to disclose information related to Buyer, Seller and/or the Online Transaction to the Lender in connection with the Lender’s provision of financing for the Online Transaction; and

(c) any dispute with the Lender in connection with the Online Transaction shall be resolved between the Lender and the Buyer.  Notwithstanding the power given to Aleigro.com under this Agreement, it is not Aleigro.com’s obligation to resolve or assist in any way in the resolution of such dispute.

3.  Transactions between Sellers and Buyers

3.1 Seller and Buyer.  For the purpose of this Agreement, the term “Seller” means the registered member who supplies the product(s) or service(s) under an Online Transaction, and the term “Buyer” means the registered member who purchases or acquires the product(s) or service(s) under an Online Transaction.

3.2 Online Order.  Seller and Buyer shall enter into an Online Transaction for products or services by completing, submitting and accepting an order online using the applicable standard order form on the Sites.  Seller and Buyer yourselves shall be responsible for ensuring that you have agreed to, and specified, all the relevant terms and conditions for the products or services in the relevant online order form, including but not limited to the pricing, quantity, specifications, quality standards, inspection, shipping etc., save that:

a) for all transactions concluded on www.aleigro.com website, mobile site, applications or mobile-optimized applications, the Buyer shall be the importer on record for customs and taxation purposes, unless otherwise agreed upon between the Buyer and Seller.

Aleigro.com may refuse to process or cancel, without liability for any losses or damages arising out of or in connection with such refusal or cancellation, any Online Transaction which in Aleigro.com’s reasonable opinion, has insufficient information to constitute a binding contract.

3.3 Online Transactions Subject to This Agreement.  An Online Transaction is additionally subject to the applicable terms and conditions set forth in this Agreement and the Transactional Terms.  Seller and Buyer shall complete the Online Transaction according to the terms of the online order, the relevant Transactional Terms and this Agreement.  Seller or Buyer may only cancel any Online Transaction in accordance with the relevant Transactional Terms.

3.4 Transaction between Seller and Buyer Only. Each Online Transaction is made by and between a Seller and a Buyer only.  Despite that Aleigro.com makes available the Transaction Services and, if applicable, may conduct formality review(s) of an Online Transaction, Aleigro.com shall not be considered as a party to the Online Transaction.  Aleigro.com does not represent the Seller nor the Buyer in any Online Transaction.  Aleigro.com will not be responsible for the quality, safety, lawfulness or availability of the products or services offered under any Online Transaction or the ability of either Seller or Buyer to complete any Online Transaction.  You agree that you will not hold Aleigro.com and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from any Online Transactions, including any breach, partial performance or non-performance of the Online Transaction by the other party to the transaction.

3.5 Payment of Contract Price.  For any Online Transaction, Buyer agrees to pay the full transaction price listed for Online Transaction to the Seller through the  Aleigro.com’s authorized payment method for such transaction  or services of Aleigro.com unless another option is made available directly by Aleigro.com on the Sites.  When using Mobile Money or Aleigro.com to submit payment for an Aleigro.com Online Transaction, payments are (in the case of Online Transaction through Mobile Money) processed through accounts owned by Aleigro or one of its affiliates and/or a registered third party service provider acting on Aleigro’s behalf, and (in the case of Online Transaction through Aleigro.com) processed through accounts owned by Aleigro.com or one of its affiliates and/or a registered third party service provider acting on Aleigro.com’s behalf.  The funds are received for the Seller in accordance with the Transaction Services Agreement.  Seller agrees that the Buyer’s full payment of the transaction price listed for the Online Transaction to Mobile Money or Aleigro.com (as the case may be) constitutes final payment to Seller and Buyer’s payment obligation for the Online Transaction is fully satisfied upon receipt of funds by Mobile Money or Aleigro.com’s account.

By using the Aleigro’s Mobile Money Services, you acknowledge and agree that Aleigro Mobile Money is not a bank and the Aleigro’s Mobile Money Services should in no way be construed as the provision of banking services.  Mobile Money  is not acting as a trustee, fiduciary or escrow with respect to User’s funds and it does not have control of, nor liability for, the products or services that are paid for with the Mobile Money Services.  Mobile Money does not guarantee the identity of any User or ensure that a Buyer or a Seller will complete a transaction on Sites. You further agree that neither Buyer nor Seller will receive interest or other profits in relation to the Aleigro Mobile Money Services.

3.6 Payment Methods.  Please note that the payment methods available on the Sites may be provided by Aleigro.com’s partners and other trusted third party gateways.  If there is any chargeback or reversal of any payment requested by a payment service partner, Seller agrees that Aleigro.com has the right to refund the money so requested by the payment service partner without liability to Seller.  Aleigro.com will use reasonable efforts to assist you in participating in the dispute resolution process of the relevant payment service partners.  However, if the participation in the dispute resolution process is subject to additional fees, this will be at your own cost only.

3.7 Third Party Vendors.  You may engage one or more third party vendors for the purpose of completing and fulfilling an Online Transaction such as the warehousing and logistic service companies, shipping agents, inspection agents, insurance companies, etc.   Some of such third party vendors may be partners of Aleigro.com and thus designated by Aleigro.com to you.  Among such designated partners, you may be required to agree and accept the terms and conditions of their services online within the Sites.  Notwithstanding the foregoing, for all third party vendors, you acknowledge and agree that such third party vendors are engaged at your own discretion and cost and that you will not hold Aleigro.com and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from the services of such third party vendors. You shall ensure that the third parties comply with Terms of Use and Privacy Policy (as defined above).

3.8 Your Agent. If you are required to conclude and complete an Online Transaction through an agent e.g. a Seller may be required to engage a qualified import and export agent as its export agent, such agent is merely an agent of you.  If any obligations are required to be performed by the agent, you shall remain solely liable to the other party of the Online Transaction for the non-performance or default by your agent.

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