Terms And Conditions
MarketPlace AFRICA promotes outstanding African entrepreneurs and craftspeople via an online platform to connect to new customers around the world. In order to provide a secure marketplace for customers and merchants, guidelines have been put in place to maintain a safe environment for sales transactions and to ensure the site is enjoyable for all to use.
This User Agreement and any other policies posted on our sites, set out the terms by which Mall for Africa offers you access to and use of our sites, services, applications and tools (collectively "Services"), which include MarketPlace AFRICA.
All Mall for Africa User policies and agreements are incorporated into this Agreement. You agree to comply with all the above when accessing or using our Services.
The entity you are contracting with is Mall for Africa Mauritius, Level 3 Alexander Building, Ebene, Cyber City, Mauritius
In this User Agreement, these entities are individually and collectively referred to as "Mall for Africa," "we," or "us."
Mall for Africa may, at our sole discretion and without notice or limit to other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
Please be advised that this User Agreement contains provisions that govern how claims you and Mall for Africa may have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below).
Mall for Africa Exports
MarketPlace AFRICA is a marketplace created by Mall for Africa that allows African business users to offer for sale authentic African made products in a variety of pricing formats and locations. The actual contract for sale is directly between the merchant and buyer.
While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Mall for Africa has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of merchants to sell items; the ability of buyers to pay for items; or that a buyer or merchant will actually complete a transaction or return an item.
Using Mall for Africa
In connection with using or accessing the Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- fail to deliver items sold by you, unless you have a valid reason for example, if the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
- manipulate the price of any item or interfere with any other user's listings;
- post false, inaccurate, misleading, deceptive, defamatory, or libellous content;
- take any action that may undermine the feedback or ratings systems
- transfer your Mall for Africa account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Mall for Africa or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Mall for Africa;
- interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any Mall for Africa application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe on the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Mall for Africa. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Mall for Africa or someone else;
- infringe on any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
- commercialize any Mall for Africa application or any information or software associated with such application, except with the prior express permission of Mall for Africa;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide the Services.
Minimum Performance Standards
Merchants are required to meet Mall for Africa's minimum performance standards. Failure to meet these standards may result in Mall for Africa charging you additional fees, and/or limiting, restricting, suspending, or delisting your merchant account.
If we believe you are abusing Mall for Africa in any way, we may, at our sole discretion and without limit to other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
If we believe you are violating the policy on offers to sell outside of Mall for Africa you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a merchant, you are liable for transaction fees arising out of all sales made using some or all Mall for Africa Services, even if sales terms are finalized or payment is made outside of Mall for Africa.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
When a buyer or merchant issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We reserve the right to be more lenient with policy enforcement to achieve an optimal outcome for both buyers and merchants.
Merchant Registration Policy
- Individuals and organisations interested in listing their items for sale with Mall for Africa and on MarketPlaceAFRICA.com are required to visit and register on the site providing detailed and accurate information.
- Merchants can only register if their product is authentically African made and falls within the following merchandise categories:
a) Clothing, Fashion and Leather
b) Jewelry and Accessories
c) Bags and Purses
d) Art, Crafts, Literature and Home Décor
e) Body Care products
f) Processed food and snack items
- Mall for Africa receives notice of merchant registration, vets and approves or declines the application within a 36-hour time line.
- Upon approval, merchant is granted access to the merchant dashboard interface which allows for the upload and listing of products and stock, in line with approved Mall for Africa guidelines
- Merchants are required to ensure absolute quality control and assurance on items listed and sold.
- Merchants are required to see to the concise management of their listed inventory and ensure the stock listed is updated regularly and accurately.
- Merchants are expected to provide clear and concisely written descriptions and care instructions (where necessary) of listed items along with other requested information.
- Merchants who have a maximum of 3 unfulfilled deadlines may suffer penalties including but not limited to account suspension, delisting or monetary penalties, application of fees and recovery of expenses for policy monitoring and enforcement
Merchants are required to take the following into consideration
- Shipping cost includes Product + Distance variation + Weight Variation + Packaging + VAT
- Merchant will be granted viewing access to the final pricing (product + commission + shipping) from his/her dashboard
- Standard Shipping Timeline is 6 – 8 working days.
- Merchant is expected to deliver to the nearest DHL service center within 48 hours
Orders & Payments
- When an order is placed on the site, Mall for Africa and the merchant both receive a notification automatically
- Merchant has exactly 48 hours to deliver the product to the nearest DHL site
- The item must be delivered in a proper original packaging & it must be the original item
- Failure to deliver within 48 hours shall effect an order cancellation and possible penalties
- Merchants receive payment after the product has been received by the customer, plus an additional seven (7) business days to allow for returns.
- Buyer has 7 days to return an item delivered.
- If the buyer wishes to return the item, he/she shall cover the cost of shipping back to the merchant.
- Upon arrival at the local DHL office, the merchant picks up from DHL.
- For rejections, the merchant must fix the product & re deliver within 48 hours
Returns & Cancellations
Merchants may create rules to automate replacements, returns, and refunds under certain circumstances.
When an item is returned, to refund the buyer, you (as merchant) authorize Mall for Africa to request that PayPal remove the refund amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file.
The cost of return shipping for an item that is not as described is the merchant's responsibility.
You (as merchant) authorize Mall for Africa to place the return shipping label cost on your invoice, subject to your automatic payment method on file when:
- A Mall for Africa-generated return shipping label is used, and the merchant is responsible for its cost;
- Returns have been automated;
- You fail to send your buyer a return shipping label and, instead, a Mall for Africa-generated shipping label is used; and/or
- A transaction is cancelled, to refund the buyer, you (as merchant) authorize Mall for Africa to request that PayPal remove the refund amount (in same or other currency) from your PayPal account.
Mall for Africa shall process a full refund in favour of the buyer under the following conditions
- The item received did not match the description or listing in terms of aesthetics or quality/ functionality
- The complaint was logged within 7 days of receipt of the item
- Order is shipped back to the merchant with the buyer covering the cost of the shipping
Offers to Sell Outside of Mall for Africa
- Mall for Africa does not allow members to use its platform to contact each other to make offers to buy or sell items outside of Mall for Africa
- Members cannot use information obtained from Mall for Africa or any Mall for Africa system to contact each other about buying or selling outside of Mall for Africa.
- Merchants are liable for fees arising out of all sales made using some or all Mall for Africa Services, even if sales terms are finalized or payment is made outside of Mall for Africa.
- Merchants are also liable for final value fees if they offer or reference their contact information, or ask for a buyer’s contact information, in the context of buying or selling outside of Mall for Africa, even if the item does not sell.
- If you receive an offer to buy or sell outside Mall for Africa, please report it.
Failure to follow these guidelines may result in a range of actions, including limits of your selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of our expenses in policy monitoring and enforcement.
Mall for Africa Fees
- We reserve the sole discretion to determine and charge fees per product quoted. We may change our mark-up percentages from time to time by posting the changes on the Mall for Africa site 10 days in advance, but with no notice required for temporary promotions or any changes that result in the reduction of fees.
- Merchants are required to have a vetted and verified PayPal account from which they can access and draw down on payments. Mall for Africa processes all payments to merchants on its platform in United Sates Dollars.
- All merchants are only paid upon the fulfilment of the order. The payment to the merchant is processed seven (7) working days after the order has been delivered to the buyer to allow for rejections or returns
- In the event a merchant fails to fulfil, replace or effectively refund an order made through the Mall for Africa platform, we reserve the right to recover outstanding sums by requesting that PayPal deduct the amount owed from the merchant’s PayPal account balance.
- In addition, the merchant may be subject to late fees.
- Mall for Africa, or its representatives, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.
- When listing an item, you agree to comply with Mall for Africa's rules for listing and that:
- You are responsible for the accuracy and content of the listing and item offered.
- Ensure that images are created by yourself and are of a minimum resolution quality of 512 x 512 product image thumb nail and 1024 x 1024 (at 721 dpi) for mouse hover zoom.
- Ensure that the product titles are clear to buyers. Be sure to state the brand name associated with the item, quantity available for sale, type and use of item and whether the item is brand new or previously owned.
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Mall for Africa cannot guarantee exact listing durations.
- Merchants are to select a category that matches the item for sale
- Ensure there is a readily available stock of items of at least 10 pieces per SKU at any given time for ready delivery.
- Items can be listed with specific brand names if they are authenticated brands or duly trademarked to the brand.
- Celebrity names may be included in listing where the listing is endorsed or owned by the Celebrity
- Ensure there is an instant re-stock once a low stock notification is given in respect of any of the listed items uploaded by the merchant.
- Content that violates any of Mall for Africa's policies WILL be deleted at Mall for Africa's discretion.
Merchant Listing Conditions
- You warrant that all products listed by you as a merchant are of African sourcing and production
- That at least 70% of the value of the product is added in African countries.
- That you are listing socially-conscious, high quality products to buyers.
- Mall for Africa seeks to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- buyer's location, search query, browsing site, and history;
- item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
- merchant's history, including listing practices, detailed merchant ratings, Mall for Africa policy compliance, feedback, and defect rate; and
- number of listings matching the buyer's query.
We collect, process, and retain personal information from you and any devices (including mobile devices) you may use when you: use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or dispute resolution, or when you otherwise correspond with us regarding our Services.
The personal information we collect includes the following:
Personal information you give us when you use our Services or register for an account with us
- Identifying information such as your name, addresses, telephone numbers or email addresses when you register for an account with us
- Buying or selling information you provide during a transaction, or other transaction-based content that you generate or that is connected to your account because of a transaction you are involved in
- Other content that you generate, or that is connected to your account (such as adding items to your basket, adding items to your Watch List, creating collections, and following other collections and sellers)
- Financial information (such as credit card or bank account numbers) in connection with a transaction
- Postage, billing and other information used to purchase or post an item, as well as, where postal services are provided through one of our programs, information required to clear customs (such as Tax ID or other identification numbers) and relevant postage information (such as tracking numbers and tracking updates).
- In some instances, when you use our Services, you may provide age, gender, interests and favourites
- You may also provide us other information through a web form, by updating or adding information to your account, through your participation in community discussions, chats, dispute resolution, or when you otherwise correspond with us regarding our Services
- Additional information we are required or authorized by applicable national laws to collect and process in order to authenticate or identify you or to verify the information we have collected
Personal information we collect automatically when you use our Services or register for an account with us includes the following:
- We also collect information about your interaction with our Services, your advertising preferences, and your communications with us. This is information we receive from the devices (including mobile devices) you use when you use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or dispute resolution, or when you otherwise correspond with us regarding our Services. This information comprises the following: Device ID or unique identifier, device type, ID for advertising, and unique device token
- Geo-location information, including location information from your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device's settings menu
- Computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history, and your web log information
Personal information from other sources
- We may supplement the personal information we collect with information from third parties and add it to your account information. For example, we may collect and use demographic information that is publicly available, additional contact information, credit check information, and information from credit bureaus, as allowed by applicable national laws
Third Party Agencies & Partnerships
To facilitate the expedient provision of service to both the merchants and buyers, Mall for Africa engages in strategic partnerships with a number of 3rd party agencies.
DHL is one such partner and they have the following rights and permissions under this agreement.
DHL reserves the exclusive right to approve or reject merchant items. Upon merchant delivery for shipping, DHL shall inspect and compare the submitted product to the description on the site.
Orders may be rejected for the following reasons:
- Failure to meet the described quality and description
- Items are defective or damaged
- Items delivered late (After 48 hours)
Items can be either permanently or temporarily rejected.
Items are permanently rejected and orders cancelled if they are late or defective to the extent that replacement is not viable within the specified 48-hour time line, or when the item fails to meet the described listing.
DHL shall be responsible for providing final, customised packaging for items.
When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against Mall for Africa, our assignees, our sublicenses, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sub licensees' use of that content.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Mall for Africa takes no responsibility and assumes no liability for any content provided by you or any third party.
We may offer catalogues including, for example, product images, descriptions and specifications that are provided by third parties (including Mall for Africa users). You may use catalogue content solely in your Mall for Africa listings. The permission to use catalogue content is subject to modification or revocation at any time at Mall for Africa's sole discretion.
While we try to offer reliable data, we cannot promise that the catalogues or other content provided through the Services will always be available, accurate, complete, and up-to-date. As a buyer, you agree that Mall for Africa is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies. As a merchant, it is your responsibility to review the content of your listings for accuracy and that you will not attempt to hold our catalogue providers or us responsible for inaccuracies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included within the catalogues and not to create any derivative works based on catalogue content (other than by including them in your listings).
The name "Mall for Africa" and other Mall for Africa marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Mall for Africa in the U.S. and other countries. They may not be used without the express written prior permission of Mall for Africa.
To protect Mall for Africa from risk of liability for your actions as a merchant, Mall for Africa has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a merchant's PayPal account based on certain factors, including, but not limited to, selling history, merchant performance, returns, riskiness of the listing category, transaction value, or the filing of an Mall for Africa Money Back Guarantee case. This may result in PayPal restricting funds in your PayPal account.
Authorization to Contact You: Recording Calls and Analyzing Message Content
Mall for Africa may contact you using autodial or pre-recorded calls and text messages at any telephone number that you have provided us, to:
(i) notify you regarding your account;
(ii) troubleshoot problems with your account;
(iii) resolve a dispute;
(iv) collect a debt;
(v) poll your opinions through surveys or questionnaires;
(vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Mall for Africa may also contact you using autodial or pre-recorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications.
Mall for Africa may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Mall for Africa or its agents for quality control and training purposes, or for its own protection.
Mall for Africa’s automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Mall for Africa’s User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Mall for Africa may store message contents, including to conduct this scanning and analysis.
Privacy of Others; Marketing
If Mall for Africa provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
Disclaimer of Warranties & Limitation of Liability
We work to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Updates and other notification functionality in Mall for Africa's applications may not occur in real time. Such functionality is subject to delays beyond Mall for Africa's control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using the Services;
- your use of or your inability to use our Services;
- pricing, shipping, format, or other guidance provided by Mall for Africa;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any Mall for Africa Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing Mall for Africa Section above;
- the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
- your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Mall for Africa Money Back Guarantee up to the price the item sold for on Mall for Africa (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) 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, your improper use of Mall for Africa's Services or your breach of any law or the rights of a third party.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND MALL FOR AFRICA HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Mall for Africa agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Mall for Africa (including any claim or dispute between you and a third-party agent of Mall for Africa) that relates in any way to or arises out of this or previous versions of the Mall for Africa User Agreement, your use of or access to the Services, the actions of Mall for Africa or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
A. Applicable Law
You agree that, except to the extent inconsistent with or pre-empted by federal law, the laws of England and Wales, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Mall for Africa, except as otherwise stated in the User Agreement.
B. Agreement to Arbitrate
You and Mall for Africa each agree that any and all disputes or claims that have arisen, or may arise, between you and Mall for Africa (including any disputes or claims between you and a third-party agent of Mall for Africa) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to Mall for Africa's Services, the actions of Mall for Africa or its agents, or any products or services sold, offered, or purchased through Mall for Africa's Services shall be resolved exclusively through final and binding arbitration, rather than in court.
- 1. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND MALL FOR AFRICA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND MALL FOR AFRICA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Mall for Africa's right to appeal the court's decision. All other claims will be arbitrated.
- 2. Severability
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
C. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Mall for Africa must be resolved exclusively by . You and Mall for Africa agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah for the purpose of litigating all such claims or disputes.
Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.mallforafrica.com.
- Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
- We may amend this User Agreement at any time by posting the amended terms on www.mallforafrica.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a Mall for Africa representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
- The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Mall for Africa site.
- If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
- The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.