Terms and Conditions

Introduction

1.1 AdomCart is the trading name for AdomCart, which operates an e-commerce platform consisting of a website and mobile application ("marketplace"), together with supporting logistics, IT, and payment infrastructure, for the sale and purchase of consumer goods and services ("products") in Ghana ("territory").

1.2 These general terms and conditions apply to both buyers and sellers utilizing the marketplace and govern your use of the marketplace and related services.

1.3 By using our marketplace, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of them, you must not use our marketplace.

1.4 If you use our marketplace for business or organizational purposes, you:

Confirm that you have the necessary authority to agree to these terms and conditions;

Bind both yourself and any person, company, or other entity that operates that business or project, to these terms and conditions; and

Agree that "you" in these terms and conditions refers to both the individual user and the relevant entity, unless the context requires otherwise.

Registration and Account

2.1 You must be at least 18 years old to register with our marketplace. By using our marketplace or agreeing to these terms and conditions, you represent that you are at least 18 years old.

2.2 If you register for an account on our marketplace, you will be asked to provide an email address/user ID and password. You agree to:

Keep your password confidential;

Notify us immediately in writing if you become aware of any disclosure of your password, using the contact details provided in section 26;

Be responsible for any activities on our marketplace that occur due to any failure to keep your password confidential. You may be held liable for losses arising from such a failure.

2.3 Your account is for your personal use only and may not be transferred to any third party. If you authorize a third party to manage your account, this is at your own risk.

2.4 We may suspend or cancel your account, or edit your account details, at any time at our sole discretion, without notice or explanation. If we cancel any products or services you have paid for but have not received, and you have not breached these terms and conditions, we will refund you for the same.

2.5 You may cancel your account on our marketplace by contacting us as detailed in section 26.

Terms and conditions of sale

3. Acknowledgements and Agreement

3.1 You acknowledge and agree that:

3.1.1 AdomCart provides an online location for sellers to list and sell, and for buyers to purchase, products.

3.1.2 AdomCart facilitates the transaction by accepting binding sales on behalf of sellers. However, AdomCart is not a party to the transaction between the seller and buyer unless explicitly stated as the seller.

3.1.3 A contract for the sale and purchase of products will be established directly between the seller and buyer upon the buyer’s confirmation of purchase through the marketplace.

3.2 Subject to these Terms and Conditions, the seller's terms of business will govern the sale and purchase contract between the buyer and the seller. Notwithstanding this, the following provisions will be incorporated into the contract of sale:

3.2.1 The price of a product will be as stated in the relevant product listing.

3.2.2 The price must include all applicable taxes and comply with current laws.

3.2.3 Delivery charges, packaging, handling, administrative costs, insurance, and other ancillary fees, where applicable, will only be payable by the buyer if clearly stated in the product listing.

3.2.4 Products must be of satisfactory quality, safe for use, and conform to the descriptions provided in the listing.

3.2.5 Sellers warrant they have good title to, and are the sole legal owner of the products, or have the right to supply them, and that the products are free from third party claims.

3.2.6 Sellers must provide detailed information about product warranties, terms and conditions, and other necessary details on the product page.

4. Returns and Refunds

4.1 Returns of products by buyers and acceptance of returned products by sellers shall be managed by AdomCart according to our returns policy as outlined on the marketplace, which may be amended periodically. Acceptance of returns will be at our discretion, following applicable local laws.

4.2 Refunds for returned products shall be processed according to our refunds policy as detailed on the marketplace, which may be updated from time to time. We may issue refunds:

4.2.1 for the product price;

4.2.2 for local and/or international shipping fees;

4.2.3 via store credits, vouchers, mobile money transfers, bank transfers, or other methods as determined by us.

4.3 AdomCart will manage the acceptance of returns and issuance of refunds on behalf of sellers. However, for digital products, services, and perishable goods like fresh food, refunds will only be issued in cases of non-delivery. Any other refunds for these products will be subject to the seller’s own terms of sale.

4.4 Changes to our returns or refunds policy will be effective immediately upon posting on our website and will apply to all purchases made subsequent to these changes.

Payments

5.1 All payments due under these terms and conditions must be made in accordance with the Payment Information and Guidelines as outlined on our marketplace.

Store Credit

6.1 Store credits can be earned and managed according to the AdomCart Store Credit Terms and Conditions, which may be amended from time to time. AdomCart reserves the right to cancel or withdraw store credit rewards for any reason at its discretion, including suspicion of fraud or misconduct. Details regarding AdomCart Store Credit terms and your account can be accessed on our website and mobile application.

Promotions

7.1 Promotions and competitions conducted by AdomCart and/or other promoters will be governed by the specific Promotions Terms and Conditions applicable to each event. These terms are available on our website and mobile application wherever relevant.

Rules About Your Content

8.1 "Your content" refers to:

8.1.1 All works and materials submitted to our marketplace for storage, publication, processing, or transmission, including but not limited to text, graphics, images, audio material, video material, scripts, and files.

8.1.2 All communications on the marketplace, including product reviews, feedback, and comments.

8.2 Your content must be accurate, complete, and truthful.

8.3 Your content must be appropriate, civil, tasteful, and comply with generally accepted internet etiquette and behavior. It must not:

8.3.1 Be offensive, obscene, indecent, or sexually explicit.

8.3.2 Depict violence explicitly or gratuitously.

8.3.3 Be blasphemous, discriminatory, or incite racial or religious hatred.

8.3.4 Be deceptive, fraudulent, or involve threats, abuse, harassment, or invasion of privacy.

8.3.5 Cause annoyance, inconvenience, or needless anxiety.

8.3.6 Constitute spam.

8.4 Your content must not violate any laws, infringe on any rights, or be capable of giving rise to legal action. Specifically, it must not breach:

8.4.1 Any intellectual property rights.

8.4.2 Any right of confidentiality or privacy under data protection legislation.

8.4.3 Any contractual duties or court orders.

8.5 You must not use our marketplace to link to sites containing illegal or unlawful content, nor submit any material involved in legal proceedings.

8.6 You acknowledge that you are solely responsible for interactions with other users and should exercise caution and good judgment in all communications.

8.7 The review function should only be used for authentic, accurate product reviews.

8.8 Interference with transactions, such as contacting users to conduct transactions outside of AdomCart or warning users about others dishonestly, is prohibited.

8.9 We reserve the right to review and remove any of your content at our discretion.

Our Rights to Use Your Content

9.1 By submitting content to our marketplace, you grant AdomCart a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media.

9.2 You also grant us the right to sublicense these rights and to bring an action for infringement of these rights.

9.3 You waive all moral rights in your content to the extent permitted by law.

9.4 If your content breaches our terms or if we suspect a breach, we reserve the right to delete or modify it.

Use of Our Website and Mobile Applications

10.1 You may:

10.1.1 View, download for caching, and print pages from our website for personal and non-commercial use.

10.1.2 Stream media from our marketplace using integrated players.

10.1.3 Use our marketplace services via a web browser.

10.2 Unless you own or control the relevant rights, you must not:

10.2.1 Republish, sell, rent, or sub-license material from our marketplace.

10.2.2 Show any material from our marketplace in public.

10.2.3 Use marketplace content for commercial purposes or redistribute it, except as permitted under these terms.

10.3 Access to our marketplace may be suspended or restricted for maintenance or updates. You must not bypass any access restrictions.

10.4 You must not use our marketplace in any way that is illegal, harmful, or may damage or impair its availability or accessibility.

10.5 Automated or systematic data collection from our marketplace is prohibited without express written consent.

These sections establish clear guidelines and expectations for users of AdomCart, helping ensure a safe, reliable, and respectful trading environment.

Copyright and Trademarks

11.1 Subject to the provisions of these terms and conditions:

11.1.1 AdomCart, along with its licensors, owns and controls all the copyright and other intellectual property rights in our website and the material on our website.

11.1.2 All these rights are reserved.

11.2 The AdomCart logo and other trademarks on our website are owned by us. We do not permit the use of these trademarks, and such use could constitute infringement of our rights.

11.3 Any third-party trademarks or service marks featured on our website are the property of their respective owners. AdomCart does not endorse and is not affiliated with any of these parties; therefore, we cannot grant any license to exercise such rights.

Data Privacy

12.1 By using our marketplace, buyers consent to the processing of their personal data in accordance with AdomCart’s Privacy Notice and Cookie Policy.

12.2 AdomCart will process all personal data obtained through the marketplace in alignment with our Privacy Notice and Cookie Policy.

12.3 Sellers are directly responsible for any misuse of personal data and AdomCart will not be liable to buyers for any such misuse.

Due Diligence and Audit Rights

13.1 AdomCart maintains an anti-fraud and anti-money laundering compliance program and reserves the right to conduct due diligence checks on all users.

13.2 Users must provide all necessary information and access for:

13.2.1 Verification of compliance with these terms and conditions.

13.2.2 Legal disclosures in response to a court order or governmental directive.

13.2.3 Compliance with laws and regulations.

AdomCart’s Role as a Marketplace

14.1 Users acknowledge that:

14.1.1 AdomCart facilitates transactions between buyers and sellers, where AdomCart is not necessarily the seller.

14.1.2 Sellers are solely responsible for the products they sell.

14.1.3 Any issues with purchases should be directed to the seller according to AdomCart’s Dispute Resolution Policy.

14.2 AdomCart commits to ensuring that product information provided by sellers is complete, accurate, and up-to-date.

14.3 We do not guarantee that the marketplace will operate flawlessly or that it will always be available, especially during force majeure events.

14.4 AdomCart reserves the right to discontinue or alter our services at any time without notice, though users will be appropriately compensated for any pending transactions.

Limitations and Exclusions of Liability

15.1 Nothing in these terms will limit or exclude any liabilities in ways not permitted by law.

15.2 The limitations and exclusions of liability cover all potential legal issues connected with these terms, except as specifically provided otherwise in these terms.

15.3 For services offered free, AdomCart assumes no liability for any loss or damage.

15.4 Our total liability in connection with these terms will not exceed the amount paid by a user under any contract.

Indemnification

16.1 Users agree to indemnify and hold AdomCart harmless from any losses, damages, or costs resulting from their use of the marketplace or violations of these terms.

Breaches of These Terms

17.1 Accounts remain active indefinitely unless there is a breach of these terms.

17.2 If a user breaches these terms, AdomCart may take actions such as suspending or terminating access, blocking computers or IP addresses, or taking legal action.

17.3 Users must not attempt to circumvent any access restrictions imposed by AdomCart.

Entire Agreement

18.1 These general terms and conditions, along with AdomCart's policies and guidelines, and for sellers, the seller terms and conditions, constitute the entire agreement between you and us concerning your use of our marketplace. They supersede all previous agreements regarding your use of AdomCart.

Hierarchy

19.1 In case of any conflict, these general terms and conditions, the seller terms and conditions, and AdomCart's policies and guidelines will prevail in the order listed here.

Variation

20.1 We may revise these general terms and conditions, the seller terms and conditions, and AdomCart's policies and guidelines from time to time.

20.2 The revised terms and conditions will apply from the date of their publication on the marketplace.

No Waiver

21.1 No waiver by either party of any breach of any provision in these terms and conditions will be considered as a waiver of any subsequent breach of the same or any other provision.

Severability

22.1 If any part of these terms and conditions is determined by any court or other competent authority to be invalid, unlawful, or unenforceable, the other provisions will continue to be valid and enforceable.

22.2 If any invalid, unlawful, or unenforceable provision would be legal or enforceable if part of it were deleted, that part shall be deemed to be deleted, and the remainder of the provision will continue in effect.

Assignment

23.1 We may assign, transfer, subcontract, or deal in any other manner with our rights and/or obligations under these terms without notifying you or obtaining your consent.

23.2 You may not assign, transfer, subcontract, or deal with your rights and/or obligations under these terms without our prior written consent.

Third Party Rights

24.1 These terms and conditions are for the benefit of you and us, and are not intended to benefit or be enforceable by any third party.

24.2 The exercise of the rights under these terms and conditions is not subject to the consent of any third party.

Law and Jurisdiction

25.1 These terms and conditions will be governed by and construed in accordance with the laws of Ghana.

25.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Ghana.

Our Company Details and Notices

26.1 For contacting us, please refer to the contact details provided on our website.

26.2 For after-sales queries or disputes, buyers may request contact details of sellers from AdomCart, in accordance with our Dispute Resolution Policy. AdomCart will ensure that the seller is identifiable and linked to the transaction in question.

26.3 You consent to receive electronic notices from us, which we may provide via postings on our website or app, or by email to the address associated with your account. All communications will be considered written notices and deemed properly given when posted or emailed.