1. Introduction

These terms and conditions of use and service (“Terms”) contained herein on this webpage is a legal agreement between you (“you”, “User”) and Terminal Africa Inc. (“Terminal Africa” “we”, “our” or “us”). These Terms shall govern your access and use of our services which include the use of our Platform, Web site (https://www.terminal.africa/). Note that these Terms apply to you whether you are only visiting the website or have registered to be a user of the Services.

‍

These Terms apply in full force and effect to your use of the Services and by using any of the Services, you expressly accept all terms and conditions contained herein in full and without limitation or qualification, including our Data Protection and Privacy Policy. We oblige you therefore to thoroughly read these Terms carefully before agreeing to be bound by it. You must not use any of the Services if you have any objection to any of these Terms.

‍

2. Eligibility

By signing on to use our Services, you are warranting that you are not a person barred from receiving services under the laws of the applicable jurisdiction. You also undertake and agree to provide us with information which is accurate, and not to misrepresent your identity or your user information. You are only entitled to access and use the Services for lawful purposes. 

‍

3. International Users

The Service is controlled, operated and administered by us from our office within Nigeria. If you access the Service from a location outside Nigeria, you are responsible for compliance with all local laws. You agree that you will not use our content accessed through our Web site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

‍

4. Age Restriction

Our Services are directed to people from the ages of 18 and above. You are only permitted to use the Services if you are aged 18 or older. We do not knowingly engage people younger than the age of 18. If as a parent or guardian, you become aware that your child or ward child has provided us with any information without your consent, please contact us through the details provided in these Terms.

‍

5. Electronic Communications

Visiting our Web site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

‍

6. Provision of Services

6.1 The Service

Terminal Africa is an ecommerce company that makes it easy for entrepreneurs to launch global online businesses in Africa.

We provide value to our Users through the following services we provide:

• Payments: You can accept payments from your customers via an array of payment channels, including Credit/Debit Cards, USSD, Digital Wallets and Direct Bank Transfers.
• Logistics: We provide integrations for you to arrange deliveries of your packages around the world.
• Websites: We provide access to a no-code website builder that allows you to create an ecommerce site without any knowledge of code.
• Domains: You can register a domain name for your business that can be linked to any global website platform.

‍

6.2 Access to the Services 

In order to access and use the Services, you will need to use our website where you will register and input the required details and create an account with us.

We may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) to you or subject to other conditions that we may impose in our discretion, without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.

‍

7. License To Use Our Platforms

We grant you a non-assignable, non-exclusive and revocable license to use our Web site strictly in the manner permitted by these Terms. This license grant includes all updates, upgrades, new versions and replacement platform for you to use in connection with our Services. As a condition of your use of the Web site, you warrant to us that you will not use the Web site for any purpose that is unlawful or prohibited by these Terms. You may not use the Web site in any manner which could damage, disable, overburden, or impair the Web site or interfere with any other User’s use and enjoyment of the Web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web site. 

The Services are protected by copyright, trademark, and other laws of both Nigeria and foreign countries. For emphasis, nothing in these Terms give you a right to use our name or any of our trademarks, logos, images, designs, domain names, and other distinctive brand features. All right, title and interest in and to the Services are and will remain our and/or licensors’ exclusive property. You also agree not to alter, re-design, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code that is derived from our Platform.

‍

8. Payment Information

You agree to make appropriate payment for the services received from us, in advance of the time period during which such services are provided. 

‍

9. Personal Security

You also agree to maintain the security of your details and account and promptly notify us if you discover or suspect that someone has accessed your account without your authorisation. Your sign-up details and password are personal to you and may not be shared with any third parties. You are responsible for all activities that occur regarding your details or otherwise under your account.

‍

10. Intellectual property 

Unless otherwise stated, we own the intellectual property rights and materials on our Web site and all our platforms. All text, formatting (including without limitation the arrangement of materials on our website and platforms and the graphics, animation, tools, commercials, image, music, video, articles, sound, copy, trade names, logos, and other materials and information on the website and platforms are subject to our intellectual property rights. We do not grant you any right, license, title, or interest to any of our intellectual property rights that you may or may not have access to.  

‍

This content may not be copied, reverse engineered, decompiled, disassembled, modified, or reposted to other websites. Nothing on our platforms should be construed as granting by implication or otherwise, any license or right to use any trademark displayed on our website or platforms without our written permission or that of such third party that may own the trademark. You agree to take such actions including executing all documents that may be needed to further affirm our intellectual property rights.

‍

11. Warranty Disclaimer

WE TRY TO KEEP OUR WEBSITE AND SERVICES AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK. WE PROVIDE THE WEBSITE AND THE CONTENT “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND (INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT OUR WEBSITE, PLATFORM, PRODUCTS, AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE 100% FRAUD OR FAIL-PROOF, REMAIN FREE FROM ANY INTERRUPTION, BUGS, INACCURACIES, AND ERROR FREE. YOUR USE OF OUR SERVICES ARE AT YOUR OWN RISK AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE THAT RESULTS IN THE LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM OUR WEBSITE, PLATFORM OR OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED. WE WARRANT THAT WE SHALL USE OUR BEST ENDEAVOURS TO ENSURE THAT THE SERVICE OPERATES OPTIMALLY AT ALL TIMES IN ACCORDANCE WITH BEST INDUSTRY STANDARD.

‍

12. Limitation Of Liability

UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL , BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH) ARISING OUT OF OUR WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE, OR ARISING FROM THE RESULT OF USE OF OUR WEBSITE, PLATFORM OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY.  SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRITY BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

‍

13. Indemnification

You hereby indemnify us and undertake to keep us, our staff and affiliates indemnified against any losses, damages, costs, liabilities and expenses (including without limitation reasonable legal fees and expenses) arising out of any breach by you of any provision of these Terms or arising out of any claim that you have breached any provision of these Terms. You hereby undertake to indemnify and hold us harmless from and against any claim, suit or proceeding brought against us arising from or in connection with violations of Intellectual Property or other rights of third parties in relation to your use of the Services.

‍

14. Force Majeure 

Under no circumstances shall we be held liable for any delay or failure or disruption of the content or services delivered through our Web site and platforms resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

‍

15. Breaches Of These Terms

Without prejudice to other rights accruable to us under these Terms, any breach of these Terms will warrant our institution of such measures that we deem appropriate to deal with the breach, which may include but shall not be limited to suspending or prohibiting your access to and/or use of our website and other platforms, blocking computers using your IP address from accessing our website or other platforms, contacting your internet service provider to request that they block your access to our website or other platforms and/or bringing court proceedings against you.

‍

16. Updates, Modifications And Amendments 

We reserve the sole right to update, modify, change or revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will always be on this page and will continue to govern our relationship with you. We advise that you check this page often, referring to the date of the last modification on the page. We will also try to notify you of any material changes which could be done via email associated with your account or service notification. By continuing to use our Services after the changes become effective, you agree to be bound by the revised Terms.

‍

17. Notices 

All legal notices or demands to or upon us shall be made in writing and sent to us personally, by courier, certified mail, to our registered address on our website and our contact e-mail in the “Contact Us” clause below.  All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, or email to the last-known correspondence, fax or email address provided by the User. You agree that all agreements, notices, demands, disclosures and other communications that we send to you electronically satisfy the legal requirement that such communication should be in writing.

‍

18. Governing Law And Dispute Resolution

These Terms of Use shall be interpreted and governed by the laws currently in force in Nigeria. We shall try to settle all disputes amicably. Any dispute arising out of these Terms which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to the exclusive jurisdiction of a Court of competent jurisdiction in Nigeria. 

‍

19. Contact Us

If you have any complaints, feedback and/or questions about us, our Services and/or these Terms, you may contact us at support@terminal.africa 

‍

20. Effective Date 

This Terms of Use and Service is effective this 16th day of March 2022.

‍