REVIEW THIS: TO ADD TO TERMS OF SERVICE FOR VENDORS
FEES AND SERVICES
Shops/Vendors are charged a monthly subscription fee (this is currently free). MAHS Market Hub also charges a percentage of the sale price when the item sells. MAHS Market Hub's Features and Fees are subject to change, are incorporated into this Agreement by reference. Increase to the Features & Fees for MAHS Market Hub's services are effective after MAHS Market Hub provides you with at least thirty (30) days' notice by posting the changes on the Site. However, MAHS Market Hub may choose to temporarily change the Features & Fees for its services for promotional events; such changes are effective when MAHS Market Hub posts the temporary promotional event on the Site. MAHS Market Hub may decrease the fees as stated in the Features & Fees with no notice to you. MAHS Market Hub may, at its sole discretion, change some or all of MAHS Market Hub's services at any time. In the event MAHS Market Hub introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in Nigerian Naira (NGN).
Shop/Vendor accounts must stay up-to-date with all fees owed or the account may be suspended until all outstanding fees are paid in full. Commission on Stripe-funded orders is deducted at point of sale. In the event that a Shop’s product count falls to zero their Shop storefront will no longer show on site but the monthly Shop fee will still be debited from the Vendor owner’s PayPal account until the account has been officially closed or downgraded. A Shop account can be closed or downgraded at any time and it is the responsibility of the Shop owner to manually terminate their Shop status from their Account Status page.
All fees are inclusive of UK VAT where applicable. In certain circumstances fees will not be subject to UK VAT but you may be liable to indirect taxes in your own country (e.g. Nigeria). MAHS Market Hub recommends that you research whether you are liable to declare such taxes to the relevant tax authorities. A valid VAT identification number is required from EU sellers who are VAT-registered. EU sellers are liable to notify MAHS Market Hub of any change in VAT status.
Fees and Termination: If MAHS Market Hub terminates a listing or your account, if you close your account, or if the payment of your MAHS Market Hub fees cannot be completed for any reason, you remain obligated to pay MAHS Market Hub for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges, termination of the account and/or legal action. If you have a question or wish to dispute a charge, contact MAHS Marketplace.
LISTING AND SELLING
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with MAHS Market Hub's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You must not list an item more than once, unless the item’s listing has naturally expired. If the "in stock" quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing.
Binding Sale: All sales are binding. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 20 days, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding MAHS Market Hub transaction fees, misrepresent the item's location, or use another user's account without permission. Sellers may not encourage buyers to purchase an item listed on MAHS Market Hub outside of the MAHS Market Hub (Shop MAHS) site, such as directly through PayPal or other third-party providers. This may also constitute fee avoidance.
Site Currency Conversion Tool: We provide a currency converter tool to allow you to see an approximate cost in selected currencies. The currency data is regularly updated from multiple sources to create one guideline rate. This guidance rate may differ to that offered by PayPal or your card provider. The correct billing amount in GBP will always be displayed before you enter your payment details.
Promotional Codes: Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing seller’s boutique only. Promotional codes have no cash value and cannot be exchanged for money or credit. Sellers are expressly prohibited from selling promotional codes for their Shop, MAHS Market Hub and/or the MAHS website. If the Seller is found to be selling promotional codes this may constitute fee avoidance.
Badge use: If a Seller would like to use the “Find me on MAHS Market Hub” badge to advertise and promote their listing on MAHS Market Hub, they will need MAHS’ prior written permission to do so. Please contact your account manager for more information.
Sale: PROMO TERMS & CONDITIONS:
PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
You are solely responsible for your conduct and activities on and regarding to MAHS Market Hub and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on MAHS Marketplace Copyright Policy.
Restricted Activities: Your Content and your use of MAHS Market Hub:
- Must not be false, inaccurate or misleading
- Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Must not involve the sale of real fur items. See our Animal Welfare Policy.
- Must not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, MAHS Market Hub's Copyright Policy)
- Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Must not contain items that have been identified as hazardous to consumers
- Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including MAHS Market Hub staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Must not be obscene
- Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
- Must not modify, adapt or hack MAHS Market Hub or modify another website so as to falsely imply that it is associated with MAHS Market Hub;
- Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on MAHS Market Hub.
By uploading Content to MAHS Market Hub you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that MAHS Market Hub receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate MAHS Market Hub for any loss suffered. MAHS Market Hub reserves the right to remove any such Content immediately.
By uploading shop images to MAHS Market Hub, you agree that MAHS Market Hub has the right to use your images to promote MAHS Market Hub and/or your vendor store in any external press as well as across all MAHS Websites and MAHS social media channels.
Re-Posting Content: By posting Content on MAHS Market Hub, it is possible for an outside website or a third party to re-post that Content. You agree to hold MAHS Market Hub harmless for any dispute concerning this use. If you choose to display your own MAHS Market Hub-hosted image on another website, the image must provide a link back to its listing page on MAHS Market Hub.
Idea Submissions: MAHS Market Hub considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and MAHS Market Hub shall not be liable for the disclosure or use of such Material. If, at MAHS Market Hub's request, any member sends Material to improve the site (for example to customer support), MAHS Marketplace will also consider that Material to be non-confidential and non-proprietary and MAHS Market Hub will not be liable for use or disclosure of the Material. Any communication by you to MAHS Market Hub is subject to this Agreement. You hereby grant and agree to grant MAHS Market Hub, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
INTERACTIONS WITH OTHER USERS AND PRIVATE MESSAGING
Users are solely responsible for interactions with others. Users understand that MAHS Market Hub does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Messaging is your way to communicate privately with other MAHS Market Hub members. It’s essentially email, but purely for MAHS Market Hub members. Messages are primarily intended for communicating about transactions and orders that are underway.
- You must not use Messages to send unsolicited advertising or promotions, request samples, loans, donations or "spam”. You must not pass on email addresses or any other information on to third parties.
- Spamming other shops/vendors in order to ask them to ‘follow’ your own shop will not be tolerated.
- Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details.
- You must not use messages to knowingly harass, threaten, blackmail or abuse another member.
- If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction.
- You must not use Messages to interfere with a transaction. This means…
- You must not contact another member to buy or sell an item listed on MAHS Market Hub outside of the MAHS Market Hub site. This may also constitute fee avoidance.
- You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.
As an anti-spam measure, sending too many messages too quickly may auto-disable your account. Contact The Market Hub Team who will review account activity and enable your account if spam-free.
MAHS Market Hub does not control the Content provided by users that is made available on MAHS Market Hub. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade. By using MAHS Market Hub, you agree to accept such risks and that MAHS Market Hub (and MAHS Market Hub's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on MAHS Market Hub. Please use caution, common sense, and practice safe buying and selling when using MAHS Market Hub.
Other Resources: MAHS Market Hub is not responsible for the availability of outside websites or resources linked to or referenced on the Site. MAHS Market Hub does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that MAHS Market Hub shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the Site from your computer.
RESOLUTION OF DISPUTES AND RELEASE
In the event a dispute arises between you and MAHS Market Hub, please contact MAHS Market Hub.
Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of Nigeria. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
Should you have a dispute with one or more users, or an outside party, you release MAHS Market Hub (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
MAHS Market Hub, for the benefit of users, may try to help users resolve disputes, at their request. MAHS Market Hub does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that MAHS Market Hub attempts to resolve a dispute it will do so in good faith based solely on this agreement and its policies.
For transactions completed by PayPal: MAHS Market Hub will not make judgements regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal.
For transactions completed by Stripe: MAHS Market Hub will not make judgements regarding legal issues or claims. MAHS Market Hub will only intervene when a shop/vendor does not resolve a financial transaction which they are rightfully obliged to, in line with these terms and conditions.
SHOP MAHS/MAHS MARKET HUB'S INTELLECTUAL PROPERTY
MAHS Market Hub, and other MAHS graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of My African Hairitage Style (MAHS) Ltd, its blog and its subsidiaries. MAHS Market Hub's copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, MAHS Market Hub may, without notice, and without refunding any fees, delay or immediately remove Content, warn MAHS Market Hub's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
- MAHS Market Hub is unable to verify or authenticate any of your personal information or Content
- MAHS Market Hub believes that a user is acting inconsistently with the letter or spirit of MAHS Manifesto, MAHS Market Hub's policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with MAHS Market Hub or the actions may cause legal liability or financial loss to MAHS Market Hub's users or to MAHS Market Hub.
MAHS MARKET HUB, OFFICERS, DIRECTORS, EMPLOYEES, VENDORS AND SUPPLIERS PROVIDE MAHS MARKET HUB'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MAHS MARKET HUB, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MAHS MARKET HUB SHALL CREATE ANY WARRANTY.
IN NO EVENT SHALL MAHS MARKET HUB, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, MAHS MARKET HUB'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
MAHS MARKET HUB'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MAHS MARKET HUB'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MAHS MARKET HUB IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) #10,000.
YOU AGREE TO INDEMNIFY AND HOLD MAHS MARKET HUB AND (AS APPLICABLE) MAHS MARKET HUB'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
MAHS Market Hub does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside MAHS Market Hub's control or otherwise.
LEGAL COMPLIANCE AND TAXES
You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any Shop MAHS and/or MAHS Market Hub service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and MAHS Market Hub are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
MAHS MARKET HUB SERVICE
CHOICE OF LAW
This Agreement shall in all respects be interpreted and governed by the laws of England and Wales where applicable but Nigeria for our Shop MAHS Naira Vendors & Buyers.
Sections What is MAHS Market Hub Is A Venue, Membership Eligibility, Fees And Services, Listing And Selling, Prohibited, Questionable And Infringing Items And Activities, Content, Information Control, Interactions With Other Users And Private Messaging, Resolution Of Disputes And Release, MAHS Market Hub's Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, MAHS Market Hub Service, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by post to MAHS Market Hub; in your case, to the email address you provide to MAHS Market Hub (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, MAHS Market Hub may give you notice by post to the address provided to MAHS Market Hub. In such case, notice shall be deemed given three days after the date of posting.
Please note that MAHS Market Hub will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable timeframe.
For issues with intellectual property, please provide the notice as specified in MAHS Market Hub's Copyright Policy.
The services hereunder are offered by Shop MAHS/MAHS Market Hub for My African Hairitage Style (MAHS) Limited registered in the UK and Business name in.