TERMS OF USE

ONEAFRICA TERMS OF USE FOR VENDORS AND BUYERS


GENERAL INFORMATION 


1. OneAfrica One Limited (the Company) has established the following terms of use to offer a safe and enjoyable shopping experience and information environment to all its members and users (vendors and buyers). 


OneAfrica One Limited (the Company) in this Term of Use shall be referred to as OneAfrica The use of our website is subject to the Terms of Use, as in force at any given time, which constitutes the agreement between OneAfrica and any person making use of the services rendered. Use of this website in any way shows unreserved acceptance of the Terms of Use and the Company’s Privacy Policy by the user, as in force at any given time. 


Please, carefully read the Terms of Use as set out below. If you disagree with these terms of use, you must not make use of the services or the content of this website. These terms of use may be unilaterally revised and updated at any time without prior notice to the users. To this end, you are kindly requested to periodically check the website’s terms of use. 


2. OneAfrica operates under the corporate name “ONEAFRICA ONE LIMITED PRIVATE SHARE COMPANY” with a registered office at MENSAH SABA ROAD, KOKOMLEMLE, ACCRA, GA-046-8379, TIN: C0048104345 and Reg. No. SC125912020 OneAfrica is a multivendor e-commerce online marketplace platform and search engine for Made-Africa, Diaspora products and other related products from other parts of the world to Africa. Each Vendor may create a profile, present its products and offer them for sale. 


Any natural person or legal entity (Buyer) may enter the website and seek and express interest in and/or purchase any of these products. OneAfrica was created to enable Vendors to promote their products online and connect with buyers. The Vender is legally responsible for complying with the health code, market and tax provisions concerning sales of related products. 


It is the Buyer’s responsibility to request more information about the Vendor before ordering, for checking the quantity and quality of the Products before their final receipt, and for requesting the corresponding tax and transport document (receipt, invoice, consignment note) from the Vendor. If OneAfrica, as escrow agent (when the payment is made by credit/debit card, Mobile money payment or bank transfer to the OneAfrica account), decides to refund to the Buyer, this refund will concern the amount of the original order only, and not any additional compensation the Buyer may claim. OneAfrica shall have no obligation to cover or make good any damage or disputes resulting from the use of the information provided through this website.  


These terms describe the rights and responsibilities of vendors and buyers, who may be either natural or legal persons (hereinafter, “Vendors” and “Buyers”) in relation to the use of the services provided by OneAfrica One Limited (hereinafter, “OneAfrica”) and in relation to the terms of the sale and purchase of products carried out through this website between Vendors and Buyers. 


The products presented for sale by Vendors on OneAfrica are all made-in-Africa products from across Africa, agricultural products, Diaspora products and/or other related products (hereinafter “the Products or the Product”). Each Vendor shall have the obligations and rights deriving from these terms to perform as the Vendor in OneAfrica and each Buyer to transact as the Buyer. 


If the capacities of Vendor and Buyer coincide due to their participation as a Vendor in one sale and as a Buyer in another, then they shall be bound by the terms hereof for both these capacities.   


B. TERMS OF USE 


1.1. VENDOR REGISTRATION


To sell a Product on OneAfrica, the Vendor shall create an account/profile on the OneAfrica online platform. 


The full name or corporate entity, the VAT number and the exact address of the Producer/Vendor are required in order to create the account. Some of the information entered by the Vendor in their profile will be publicly available to users of the OneAfrica platform. In the case of a legal person, the Vendor shall be asked by OneAfrica to also list the legalising data of the legal person, such as Articles of Association, Certificate of Registration wherever it exists according to the activity of the Vendor, legal representation and other information, or in the case of a Vendor who does not have registered offices or reside in Africa, the corresponding legalising documents of the country where they are based, in order to certify that the Vendor is a legally established and existing company. 


Upon registration, the Vendor acquires its company page on the OneAfrica website and can publish its products packaged and priced as it wishes, accept orders from buyers (businesses in the various sectors or individuals/natural persons) and deliver its Products directly to the Buyers using the platform shipping option available or carry out the shipment by itself. 


A Vendor’s declaration of participation in OneAfrica shall be clearly visible to the contracting party on a case-by-case basis so that the counterparty knows whether it is entering into a contract with a Vendor or a consumer within the meaning of Law 2251/1994 or within the meaning of the consumer protection law that is applicable if the Buyer is not in the territory of Ghana and the national law in question offers more protection to said consumer than Ghana law. 


1.2. BUYER REGISTRATION - SERVICE COST  


In order for a buyer to be able to search for and purchase the products offered by the Vendors, he/she creates an account/profile by entering his/her details on the OneAfrica online platform. In this way, the buyer can carry out a free search for manufacturers and products. 


Any Buyer who wishes to register to use the website’s services must declare their true, complete and current personal data, as requested by the website, in order to access the website’s contents and services. Buyers must also notify the website directly of any change in the above data and ensure that these data are always accurate and complete. 


A Buyer’s declaration of participation on the OneAfrica shall be clearly visible to the party on a case-by-case basis so that the counterparty knows whether it will be entering into a contract with a Vendor or a consumer. The cost of service for visitors to the website and Buyers of Products is zero.


2. CODE OF CONDUCT - COMPLIANCE WITH HEALTH CODE, TAX, MARKET ETC. LAW. 


OneAfrica was created to enable Vendors to promote their products online and connect with buyers. Under no circumstances however, does OneAfrica guarantee the correctness of any listed information or transaction, the quality of products, proper shipment or delivery of the products or the legality of each of the parties (Vendor and Buyer) to the transaction or of the transaction itself. In no terms does it guarantee against possible deterioration or adulteration of products or incomplete labelling thereof. As a condition of use, Vendors must at all times comply with the Terms and Conditions for handling and shipping through the OneAfrica platform. Furthermore, they must also comply with the rules and regulations of Ghana, Africa, EU and International Laws and the relevant legislation governing telecommunications and they must refrain from any unlawful or abusive conduct when using the OneAfrica website. Users must refrain from adopting unfair competition or other illegal practices. 


In particular, Vendors – acting in their capacity as data processing officers for Buyers’ data, which are necessary for receiving and sending orders – guarantee that they comply fully with the personal data protection laws within their respective African countries, including General Data Protection Regulation 2016/679, Law 4624/2019 and Law 3471/2006 concerning the use of Buyers’ personal data, and state that they refrain from any use the same for promotional purposes. 


Vendors are obliged to comply fully with all manner of health codes, tax/market laws and all regulations governing the sale of their products, and are individually liable for any violation thereof. Furthermore, they are responsible for the quality of the products they make available through this online platform. The Vendor and/or the Buyer shall be accountable for losses caused to the OneAfrica website through misuse or unfair use of the website and the services offered through it or breach of any legal provision governing the sale of the products. 


If OneAfrica is involved in any lawsuit or is called upon to pay any kind of compensation due to the breach of the Vendor's or Buyer’s obligations under these terms, the Vendor and/or the Buyer will have to compensate OneAfrica for this reason. Where OneAfrica is acting as escrow agent (when the payment is made by credit/debit card, mobile money or bank transfer to the OneAfrica account), and decides to refund any money to the Buyer, this refund will concern the amount of the original order only, and not any additional compensation that the Buyer may claim. OneAfrica shall under no circumstances cover or make good any damage or disputes resulting from the use of the information provided through this website. 


OneAfrica bears no liability to the Buyer for any defect in the quantity or quality of the products sold through this online platform or the legality of the Vendor services provided through it. However, to protect consumers and to defend its reputation, brand name and the correct provision of services, and should it become aware of any unlawful transaction or sale of products that do not fulfill the applicable laws and regulations, OneAfrica has the right to, (a) request the required information, documentation and proof of compliance with these laws and regulations from the Vendor and/or the Buyer and (b) sever cooperation with the non-compliant Vendor and/or Buyer.  


The users of this electronic platform undertake not to make use of the services provided through this platform for the commission of criminal offences by the Laws of Ghana and their respective Africa from there are accessing the platform. Furthermore, they shall not send, publish or transmit through this electronic platform content that is illegal or offensive or harmful to OneAfrica and/or its users and/or any third party. OneAfrica offers users the opportunity to state and share their opinion about the products and/or articles that appear on the website. 


Nevertheless, it reserves the right not to post content that it may consider abusive, defamatory or insulting to OneAfrica, its partners or the other users of the website. If false information is provided, OneAfrica reserves the right to refuse to provide services and/or complete and send an order, as well as terminate cooperation with the user. 


3. VENDOR AND BUYER ACCOUNT TERMINATION


The agreement concluded through Vendor and Buyer registration on the OneAfrica website is open-ended. OneAfrica may cancel this agreement through a written notice to the Vendor (i) which is given at least 30 days prior to the termination becoming effective, or (ii) which is served without the aforesaid deadline in the event that the Vendor has repeatedly breached the applicable terms and conditions or OneAfrica is obliged to cease providing services to the Vendor due to a legal or regulatory obligation or for an urgent reason under national law, in accordance with EU and national law. 


In the latter case, OneAfrica has the right to cancel all pending Buyer Orders for Products and to remove all of the given Vendor’s product listings from OneAfrica. More specifically, OneAfrica may cancel this agreement without prior notice if the Vendor is proven not to meet the following conditions, constituting a breach hereof: The Vendor has repeatedly violated the applicable terms and conditions resulting in OneAfrica terminating the service provided The Vendor engages in any unlawful transaction or non-compliance with the relevant provisions for the selling of its products. 


The Vendor uses the OneAfrica platform as a contact for reaching agreements with Buyers outside the platform. In all cases where the Vendor uses the personal data of a Buyer for promotional purposes. The Vendor does not adhere to the required code of conduct towards Buyers and/or does not provide the required information requested by OneAfrica to ascertain the legality of its transactions. 


If a Vendor decides to cancel its own account or OneAfrica terminates a Vendor’s account, it is self-evident that the Vendor’s products will automatically cease to be available through the platform. None of the above scenarios, however, shall impact the right of OneAfrica to continue to make the Products available to Buyers who placed their order before the cancellation/termination of the Vendor’s account until the sale of said product is concluded. 


Following the termination or cancellation of the Producer’s Account for any reason whatsoever and by any Party (Vendor or OneAfrica), OneAfrica shall have no obligation to pay the Vendor any fee or compensation for lost earnings due to the termination of cooperation. Any Buyer can delete their OneAfrica account at WILL at any time as long as there is no outstanding order in their account; as such deletion would render it impossible for the Vendor to send the pending order. In this case, the Buyer who deleted their account will be responsible. 


OneAfrica has the right to unilaterally delete the account of any Buyer who does not comply with the OneAfrica Terms of Use and required code of conduct. Potentially abusive, aggressive or offensive messages between Vendors and Buyers through the OneAfrica Messaging System may follow a complaint, be examined and lead to the expulsion of a Vendor’s or Buyer’s account.  


The reasons stated in this clause for terminating and deleting any Vendor's or Buyer's account are indicative and do not limit OneAfrica's right to terminate the cooperation with and the account of the Vendor and/or the Buyer for any other reason and/or without cause following relevant notification thirty (30) days prior to termination. Consequently, OneAfrica has the sole right to remove or deactivate access to a user or any user content for any reason at its sole discretion. 


4. VENDOR REPRESENTATIONS AND WARRANTIES. 


By registering and posting Products on the Marketplace, the Vendor declares and guarantees that (a) the Product was created exclusively by the Vendor or that the Vendor has every right and/or license required under the laws applicable from time to time governing its activity to sell it (b) is entitled by law to sell its Products to businesses and natural persons by the legislation applicable from time to time and in compliance with the relevant tax, health code and market laws/regulations on the sale of its products (c) the published product is the result of products and agricultural production, whether or not it is packaged, by a lawful producer registered with the country of origin within its respective country, or has been lawfully imported into the country and consequently it is accompanied by all the necessary certificates. 


5. LIABILITY AND INDEMNITY. 


OneAfrica was created to enable Vendors to promote their products online and connect with buyers. Under no circumstances, however, does OneAfrica guarantee the correctness of any listed information or transaction, the quality of products, proper shipment or delivery of the products or the legality of each of the parties (Vendor and Buyer) to the transaction or of the transaction itself. Nor does it guarantee against possible deterioration or adulteration of products or incomplete labeling thereof. 


The Vendor agrees to compensate and to hold the company ONEAFRICA ONE LIMITED, PRIVATE SHARE COMPANY, its subsidiaries, parent companies, affiliates, officers, agents, representatives and employees of OneAfrica harmless against any demands, claims, liabilities, expenses or tax assessments, including reasonable legal fees arising from any claim made by any Buyer or third party or any action brought by a governmental or regulatory body against the Vendor arising from, resulting from or relating to (i) the Vendor’s sale of the products through the Platform, (ii) the actual or presumed violation of these terms by the Vendor, (iii) the actual or presumed violation of all applicable laws, rules, regulations or rights by another on the Vendor’s behalf. 


The Buyer is responsible for requesting more information about the Vendor before ordering, for checking the quantity and quality of the Products before their final receipt, and for requesting the corresponding tax and transport document (receipt, invoice, consignment note) from the Vendor. If OneAfrica, in its capacity as escrow agent (when the payment is made by credit/debit card, mobile money payment or bank transfer to the OneAfrica account), decides to make a refund to the Buyer, this refund will concern the amount of the original order only, and not any additional compensation the Buyer or any other party may claim. 


OneAfrica shall not be obligated to cover or make good any damage or disputes ensuing from the use of the information provided through this website. All Buyers use the services/information provided on the Website solely on their initiative, while at the same time taking full responsibility for vetting and confirming the information in question.  


OneAfrica is not accountable for any issues arising from any trade between the user and the producer and does not constitute an endorsement of any view contained in any user content. OneAfrica tries to ensure that reviews of Products sold through it are true and well-founded based on the history of the transactions to which they refer. 


In exceptional cases considered by OneAfrica on a case-by-case basis (in the case of products paid for electronically), OneAfrica may mediate between Buyer and Vendor and try to resolve any issues arising from the sale of the Products. To the extent that OneAfrica chooses to pay a refund to a Buyer for a product obtained from it, OneAfrica will notify the Producer/Vendor regarding the specific product. OneAfrica reserves the sole right to remove any product from the platform if such products gave rise to frequent payment refunds. 


Within ten days of receiving notification from OneAfrica, the Vendor is obliged to return the money to OneAfrica through the third-party payment processing program for the total amount received for that product. If the Vendor is unable to return the money to OneAfrica, the latter reserves the right (i) to remove the Producer’s/Vendor's product or products from OneAfrica, (ii) to prohibit the Vendor from further selling products through OneAfrica or (iii) to terminate the account/profile of the Producer/Vendor. 


If, in any individual sale or purchase of the Vendor's products, the given buyer chooses as the method of payment the bank deposit of the price in COMPANY bank account No.1441002336947 OneAfrica One Limited Ecobank Ghana Limited, Ring Road Central (Swift Code ECOCGHAC) or payment by Bank card through the electronic platform of OneAfrica, the Vendor expressly and unconditionally accepts that the COMPANY, as an escrow agent, will commit to the above bank account or the third-party platform the full amount of the payment and shall release it to the Vendor following the buyer’s confirmation that it received the Product. OneAfrica’s commission will be deducted from the total payment. 


The invoice for the sale of the goods will be issued by the Vendor to each buyer, given that the company in this case will act only as an escrow agent/depositary of the price payable. In the event of disagreement between the Vendor and the buyer as to whether the order was executed, the Vendor expressly and unreservedly acknowledges that the Company, should it deem, at its unfettered discretion, that the order was not executed correctly and properly, may refrain from paying the price to the Vendor and return it to the buyer (deducting its commission), without being liable for this reason for any compensation to the Vendor. OneAfrica assumes no liability to users or any third party if the information provided by users/third parties about personal or commercial accounts is incomplete, inaccurate, misleading or fraudulent. OneAfrica shall not be accountable for any issue arising from any kind of commercial transaction between the Buyer and Vendor and does not constitute an endorsement of any view contained in any user content. 


OneAfrica, its employees or other agents bear no responsibility under any circumstances for any consequential, incidental, indirect, special damages or costs or pecuniary penalties, including but not limited to loss of profit, business interruption, loss of information or data or loss of customers, loss of or damage to assets, or any claims by third parties arising out of or in connection with the use, copying or presentation of this website or its contents or any other connected website, whether or not OneAfrica had been informed, knew about or should have been aware of such a possibility. 


OneAfrica shall not assume any responsibility whatsoever for any errors or viruses of any kind or any loss of data or other damage to the user or third parties, whether due to use/copying/downloading or infection with viruses or other unauthorized third-party interventions in files or information available through the website. Moreover, OneAfrica is in no way liable for any loss or damage of profit resulting from transactions made outside OneAfrica, including transactions that may have been initiated from OneAfrica but took place offline or outside OneAfrica. 


OneAfrica may, but has no obligation to, evaluate, assess, adopt, accept or approve the information, and its provision through this website may under no circumstances be deemed to constitute the provision of advice or recommendation, offer, proposal or acceptance of a proposal to enter into any agreement or transaction with OneAfrica or with third parties. The user is exclusively responsible for the use, assessment, evaluation and utilisation of the information provided at any given time. 


The taking of any business or other decisions based on this information is at the sole risk of the user, and OneAfrica shall not be obligated to cover or make good any damage or disputes resulting from the use of the information provided through this website. If OneAfrica is involved in any lawsuit or is called upon to pay any kind of compensation due to the breach of the Vendor's obligations under these terms, the latter will have to compensate OneAfrica for this reason. 


Where access to specific information requires the use of a security code (PIN) issued by OneAfrica, each user is solely responsible for ensuring the confidentiality of their code and bears exclusively the risk of damage to themselves or OneAfrica caused by access of a third party in any way to their codes. 


6. ORDERS – DISPATCH – PAYMENT METHODS – BILLING – DELIVERY 


Each Vendor may receive an order (expression of interest) from a Buyer for a Product posted on OneAfrica. It is the choice of the Vendor to reject or accept the order. Should they choose to accept the order, the Vendor must be willing to share the agreed time for the product to be ready for shipment to the address declared by the Buyer or to deliver it at their premises or the Vendor’s premises, by agreement, complying with the agreed quality criteria of the Product, as these have been presented on OneAfrica at the sole responsibility of the Vendor. 


The Vendor is responsible for compliance with all health codes, market and tax provisions that pertain to deliveries of the Products. The Buyer, provided it is a natural person and meets the criteria of the definition of “Consumer” as defined in Law 2251/1994 on Consumer Protection or in the meaning of the consumer protection law applicable from time to time in the case where a foreign consumer law is applicable if the transacting Buyer is not in the territory of Ghana, and said law offers greater protection for this consumer than Ghana Consumer Protection Act 2000, is responsible for checking the product upon receipt and ascertaining that it meets the quality criteria he/she has set, that it has not deteriorated, and that it is accompanied by the necessary labeling and all the necessary documents (Receipt – Invoice/Consignment Note). 


If the quality of the product does not meet the criteria expected by the Buyer; if it has deteriorated; or if it is not accompanied by the necessary labeling and all the necessary documents (Receipt – Invoice/Consignment Note), the Buyer has the right to withdraw within 14 days without any other obligation to the Vendor or any third party (e.g. Transport Company), and the Vendor shall return any amount received for this sale from the Buyer, including shipping costs, if any. 


The above right of withdrawal shall apply without prejudice to the provisions of Article of any Consumer Protection Acts or Law within the respective location of the Vendor, particularly with regards to Products that may deteriorate or expire soon, at which point the relevant right of withdrawal from the sale shall not apply. In any event, the rights of the Buyer deriving from the provisions of any applicable Acts or Laws against the Vendor, are concurrent with any rights that the Buyer may have under Law 2251/1994 and cannot be exempted or limited. 


Vendors bear every responsibility for the determination of the sale prices of their products on OneAfrica (“Price List”), for the minimum information requirements for contracts concluded remotely and the minimum information about the Products, and OneAfrica shall bear no liability for this process. The price list should include any VAT or similar taxes included in the purchase price presented to the Buyers.  


The price list must be solely in the allowed pricing tags accepted by the OneAfrica platform. Ordered Products are delivered to the Buyers under the responsibility of the Vendor, either by the Vendor or a third party (e.g. shipping company) according to the delivery method agreed between the Buyer and Vendor. 


Depending on the delivery method agreed upon between Buyer and Vendor, the liability may be transferred from the Vendor to the Buyer. Examples of modes of delivery include: 1) Dispatch of the Products to the Buyer’s registered delivery location via shipping company or courier; 2.) Picking up the Products by the Buyer at the Vendor’s registered location. 3.) Picking of Products by the Buyer from a pick-up point. 4.) Delivery of the Products by the Vendor to the Buyer’s registered office, Methods of payment: The Buyer may pay for their order to the Vendor in the following alternative ways: 1) Payment with a Bank card via the OneAfrica online platform during each order and 4) deposit to Account No.1441002336947, OneAfrica One Limited, Ecobank Ghana Limited, Ring Road Central (Swift Code ECOCGHAC), following common agreement on this method of payment between the Vendor and the buyer and acceptance of this method by OneAfrica. 


Furthermore, in consideration for the provision of services by OneAfrica, the COMPANY receives a percentage of the Vendor’s sales, as stated in the above terms of use. 3) Currently Payment in cash, on delivery (COD), AND Payment via POS upon receipt to the Vendor or the Courier Company chosen by the Vendor is NOT ALLOW on OneAfrica. 


It is important to note that any VENDOR or BUYER who transacts on COD or POS does so at he/she own RISK and OneAfrica SHALL NOT BE LIABLE in any way. If the Buyer chooses to pay for their order with a Bank card through the OneAfrica platform, the total payment amount is held in a third-party escrow account of OneAfrica’s choice and released to the Vendor and OneAfrica following the Buyer’s confirmation that they received the Product.  


Moreover, if the BUYER chooses to pay for their order using a bank deposit to COMPANY bank account No 1441002336947 (Ecobank Ghana) the company, acting as escrow agent commits the total amount of the payment to its above bank account and releases it to the Vendor following the Buyer’s confirmation of receipt of the Product.  


It is clarified that the commission to which OneAfrica is entitled in respect of orders placed via its platform is payable by the Vendor even where payment by the Buyer was for any reason defective since the Vendor alone is accountable for ensuring the correct payment. 


7. PROVISION OF INFORMATION 


If the Vendor sells any Product through the OneAfrica, it agrees to provide OneAfrica with any forms, documents or other certifications OneAfrica may request, on the one hand, to satisfy any reporting or tax obligations relating to the Vendor’s use of the Platform and its compliance with the applicable legal framework, and on the other hand to ensure that transactions made through this website comply with applicable legal provisions. 


Non-fulfillment of the Vendor’s obligation to demonstrate the legality of its transactions and compliance with the legal framework shall constitute grounds for the deletion and total deactivation of its account. Nothing contained in the OneAfrica Terms constitutes an employment relationship, service or partnership between OneAfrica and any Producer-Vendor 


8. TRANSACTION COMMISSION 


In consideration for the provision of services by OneAfrica, on which a Vendor may provide its products for sale, the Vendor agrees that OneAfrica shall receive 5% of the List Price before VAT (where VAT is payable) for each product dispatched and sold through the Platform (“Transaction Commission”) and the Vendor shall receive 95% of the List Price, unless a different percentage is expressly agreed between the Vendor and OneAfrica. 


The above commission of 5% shall be subject to 20% VAT (where VAT is payable) paid by the Vendor, and OneAfrica shall issue the lawful invoice. The 5% of the List Price, which is withheld as a commission by OneAfrica, supports administrative costs, technology costs (hosting, servers, emails, etc.), platform maintenance costs, as well as expenses for the promotion of the products located there (sales team, online advertisements), at no cost to Vendors themselves for all of this. 


If any individual product is purchased by the buyer through the above platform, the buyer chooses as means of payment a bank deposit of the price in the COMPANY’s bank account or payment via a Bank card through the electronic platform, the Buyer completely accepts that the Company in its capacity as escrow agent, will commit to the above bank account or the third-party payment-processing platform the entire amount of the payment and shall release it to the Vendor following the buyer’s confirmation that the Product has been received, without OneAfrica’s commission. Such confirmation should be specified by the Buyer at the checkout phase or no later than five (5) days from the date of sale of the product through bank deposit. 


The payments will be automatically paid to the Vendor’s account via the third-party payment processing program no later than thirty (30) days from the date of sale of the product. OneAfrica has the right to add, remove, or otherwise modify its third-party payment processing program for transactions to take place between Producers-Vendors and Buyers via the OneAfrica platform. 


OneAfrica makes no representation regarding the services provided by the third-party payment processing program and has no liability for payment delays that may be caused by any third party. Moreover, the Vendor waives any right to claim payment from any other mechanism other than those mentioned herein.


9. ACCESS TO THE ACCOUNT 


The Buyer and the Vendor are responsible for any activity carried out on or through their account. Users of the platform must keep their passwords confidential to protect their accounts. Do not reuse your account password on other services. If you forget your password and you cannot otherwise validate your OneAfrica account, you acknowledge and agree that your account may be unreachable and that all data associated may be permanently lost. 


Furthermore, you understand and accept that the Internet is not a secure environment and OneAfrica is not liable for any loss of data or other damage to the recipient or third parties due to either use or delayed transmission, interception, alteration or virus contamination. The recipient is solely responsible for protecting their system from viruses and accepting e-mails. 


OneAfrica and those responsible for its creation and maintenance do not bear and disclaim liability for any direct or indirect damage that may result from the use of the website, the transfer of data, or a possible violation of the terms of use. We remind you that every effort is made to provide a safe and pleasant trading environment. 


WARNING: PLEASE NOTIFY US IMMEDIATELY IF THERE IS AN UNAUTHORISED USE OF YOUR ACCOUNT 


10. INDUCEMENT TO MAKE PURCHASES OUTSIDE ONEAFRICA 


Inducement to buy or sell outside OneAfrica carries a potential risk of fraud for both buyers and Vendors. Transactions carried out outside OneAfrica do not participate in any Buyer or Vendor protection program and nor are they subject to reviews. 


As a consequence, Buyers and Vendors are discouraged from transacting any business activity designed to facilitate a transaction outside OneAfrica. Buyers and Vendors cannot share or directly request contact information before completing a sale. Buyers and Vendors may not forward external website links or emails facilitating sales outside OneAfrica. 


Buyers and Vendors cannot use user information to contact another member to buy or sell outside OneAfrica. Finally, during product delivery, Vendors are strongly forbidden from offering catalogues or brochures that encourage ordering items outside OneAfrica. Any user activity that does not follow OneAfrica policy will result in several actions, such as: blocking of some or all of your messages to other members, reduction of Vendor rating, sale and purchase restrictions, suspension or deletion of an account, application of charges and recovery of costs for oversight, monitoring and enforcement of this policy. No charges paid for accounts for which we undertake any such oversight action will be refunded or otherwise credited to your account. 


If a Vendor, after having contacted a prospective buyer through OneAfrica, offers its contact details or asks the buyer for its contact details to sell its products outside the OneAfrica system, it will be obliged to pay OneAfrica the above-agreed commission of 5% plus VAT on the net value of the product(s) for sale, even if such products are not ultimately sold, given the use of OneAfrica Services to find and initiate contact with a Purchaser. 


11. COPYRIGHT 


The content of this website, such as texts, images, photographs, company trademarks and graphics and promotional materials are the exclusive property of ONEAFRICA ONE LIMITED PRIVATE SHARE COMPANY. Use of the OneAfrica platform and its related services does not grant you the ownership of any intellectual or other rights of possession or interest over it or the content that you access. You may not author, cover or alter any statements on legal matters that appear on or in parallel to the Website and the Services. 


It is prohibited to copy, reproduce or retransmit any material without the written consent of the company or its partners. 


12. AMENDMENT TO THE TERMS 


It is explicitly agreed that the terms of use may be unilaterally revised and updated following notification of the Vendors of any proposed change. The proposed changes are not implemented before the expiry of the two-week deadline within which OneAfrica notifies the Vendors of the proposed changes. 


13. INTERNAL GRIEVANCES MANAGEMENT SYSTEM – MEDIATION


OneAfrica provides an internal system for handling complaints received from OneAfrica users. This system is easily accessible, free of charge to the Store, ensures the processing of disputes within a reasonable time and operates in accordance with the provisions of Article ADR Act 798 under Section 82 of the Law. The Parties also agree to the potential for out-of-court dispute resolution through the establishment of a mediation system. To this end, OneAfrica may work with two (2) mediators from the Register of Mediators under ADR to reach an agreement between the latter and the Store regarding any disputes that may arise during the provision of OneAfrica services to the Vendor, including any complaints that cannot be resolved through the aforementioned internal handling system. 


14. DISPUTE RESOLUTION - APPLICABLE LAW 


These Terms are governed by the law of the Republic of Ghana and any difference or dispute between Vendors or Buyers and ONEAFRICA ONE LIMITED PRIVATE SHARE COMPANY concerning the interpretation and/or application of these terms shall solely be subjected to the competent Courts of Ghana. By way of exception, where the transacting Buyer is not located in Ghana and the said law of the country of its registered office offers greater protection than the law of Ghana, foreign law may be deemed applicable with regard to certain aspects of Consumer protection. Any change in legislation or case law, partial or total invalidity of one of the terms hereof, shall not impact the effect or validity of the remaining terms of the contractual relationship among contracting parties. Any dispute regarding Products purchased from OneAfrica can be resolved online without recourse to a court, by an Alternative Dispute Resolution procedure.  


15. PRIVACY POLICY AND PERSONAL DATA PROTECTION 


By using the website and the services provided through it, the user accepts our privacy policies and accepts that OneAfrica may use their information in the context of its privacy policies. By using and benefiting from OneAfrica Services, users acknowledge that we can provide our services only by using and processing their personal data. Visit OneAfrica Privacy Policy to learn more.