Go Africa LLC, Go Africa Trading, & Go Africa Trading Online Terms of Service.
1. Welcome to Go Africa Trading
Thanks for your interest in our e-commerce store and Trading services (the “Services“)!
By using our Services, you agree to (1) these Terms of Service, (2) the Go Africa Trading Program Policies, which include but are not limited to the Content Policies, the Webmaster Quality Guidelines, the Services Implementation Policies, and the EU User Consent policy (collectively, the “Go Africa Trading Policies”), and (3) the Go Africa Branding Guidelines (collectively, the “Go Africa Trading Terms“). If ever in conflict, these Terms of Service will take precedence over any other terms in the policies and guidelines enumerated in numbers (2) and (3) above. Please read these Terms of Service and the rest of the Go Africa Trading Terms carefully.
As used in these Terms of Service, “you” or “Customer”, “vendor”, or “Merchant:” means the individual or entity using the Services (and/or any individual, agent, employee, representative, network, parent, subsidiary, affiliate, successor, related entities, assigns, or all other individuals or entities acting on your behalf, at your direction, under your control, or under the direction or control of the same individual or entity who controls you). “We,” “us” or “Go Africa Trading ” means Go Africa LLC & Go Africa Trading LLC collectively, and the “parties” means you and Go Africa LLC & Go Africa Trading .
2. Access to the Services
Go Africa Trading Accounts Your use of the Services is subject to your creation and our approval of an Go Africa Trading Account (an “Account”). We have the right to refuse or limit your access to the Services. In order to verify your Account, from time-to-time we may ask for additional information from you, including, but not limited to, verification of your name, address, and other identifying information. By submitting an application to use the Services, if you are an individual, you represent that you are at least 18 years of age. You may only have one Account. If you (including those under your direction or control) create multiple Accounts, you will not be entitled to further payment from Go Africa Trading , and your Accounts will be subject to termination, pursuant to the provisions below.
By enrolling in Go Africa Trading , you permit Go Africa Trading to serve, as broker, collections agent, and arbitrator for transaction to end customers and as applicable,
- advertisements and other content (“Orders or transactions “),
- Go Africa Trading search boxes and search results, and
- related search queries and other links to your websites, mobile applications, media players, mobile content, and/or other properties approved by Go Africa Trading (each individually a “Property“). In addition, you grant Go Africa Trading the right to access, index and cache the Properties, or any portion thereof, including by automated means. Go Africa Trading may refuse to provide the Services to any Property.
Any Property that is a software application and accesses our Services (a) may require preapproval by Go Africa Trading in writing, and (b) must comply with Go Africa Trading’s Software Principles.
3. Using our Services
You may use our Services only as permitted by the Go Africa Trading Terms and any applicable laws. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.
You may discontinue your use of any Service at any time by cancelling your subscription and/or requesting that your product be removed from the Go Africa Trading ..
4. Changes to our Services
Changes to the Go Africa Trading Terms
We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether.
We may modify the Go Africa Trading Terms at any time. We’ll post any modifications to the Terms of Service on this page and any modifications to the Go Africa Trading Policies or the Go Africa Trading Branding Guidelines on their respective pages. Changes will generally become effective 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don’t agree to any modified terms in the Go Africa Trading Terms, you’ll have to stop using the affected Services.
5. Exemptions for Consumer, Private Label, and Commercial products
Customer agrees to further indemnify Go Africa LLC & Go Africa Collectively with regard to Allergens, chemicals in its products and solutions.
6. Termination, Suspension, and Entitlement to Further Payment
Go Africa Trading may at any time, without providing a warning or prior notice, temporarily suspend further payments on your Account, suspend or terminate the participation of any product or services, or suspend or terminate your Account because of, among other reasons, invalid activity or your failure to otherwise fully comply with the Go Africa Trading Policies. Go Africa Trading can terminate your participation in the Services, and close your Account, if your Account remains inactive for a period of 6 or more consecutive months. If Go Africa Trading closes your Account due to inactivity, and the balance reflected in your Account equals or exceeds the applicable threshold, we will pay you that balance, subject to our payment provisions in Section 5. If Go Africa Trading closes your Account due to inactivity, you will not be prevented from submitting a new application to use the Services.
If Go Africa Trading terminates your Account due to your breach of the Go Africa Trading Terms, including, but not limited to, your causing or failing to prevent invalid activity on any Property, or your failure to otherwise fully comply with the Go Africa Trading Policies, you will not be entitled to any further payment from Go Africa Trading for any prior use of the Services. If you breach the Go Africa Trading Terms or Go Africa Trading suspends or terminates your Account, you
- are prohibited from creating a new Account, and
- may not be permitted to monetize content on other Go Africa Trading products.
If you dispute any payment made or withheld relating to your use of the Services, or, if Go Africa Trading terminates your Account and you dispute your termination, you must notify Go Africa Trading within 30 days of any such payment, non-payment, or termination by submitting an appeal. If you do not, any claim related to the disputed payment or your termination is waived.
You may terminate your use of the Services at any time by completing the account cancellation process. Your Go Africa Trading Account will be considered terminated within 10 business days of Go Africa Trading’s receipt of your notice. If you terminate your Account and the balance reflected in your Account equals or exceeds the applicable threshold, we will pay you that balance, subject to the payment provisions in Section 5, within approximately 90 days after the end of the calendar month in which you terminated your use of the Services. Any balance reflected in your Account below the applicable threshold will remain unpaid.
As between you and Go Africa Trading , Go Africa Trading is responsible for all taxes (if any) associated with the transactions between Go Africa Trading and end customers in connection with Orders or transactions displayed on the Properties. You are responsible for all taxes (if any) associated with the Services, other than taxes based on Go Africa Trading’s net income.
You authorize Go Africa Trading to periodically conduct tests that may affect your use of the Services. To ensure the timeliness and validity of test results, you authorize Go Africa Trading to conduct such tests without notice.
9. Intellectual Property, Brand Features
Other than as set out expressly in the Agreement, neither party will acquire any right, title, or interest in any intellectual property rights belonging to the other party or to the other party’s licensors.
If Go Africa Trading provides you with software in connection with the Services, we grant you a non-exclusive, non-sublicensable license for use of such software. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Go Africa Trading , in the manner permitted by the Agreement. Other than distributing content via the AdMob SDK, you may not copy, modify, distribute, sell, or lease any part of our Services or included software, or reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. You will not remove, obscure, or alter Go Africa Trading’s copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any Go Africa Trading services, software, or documentation.
We grant you a non-exclusive, non-sublicensable license to use Go Africa Trading’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (“Brand Features”) solely in connection with your use of the Services and in accordance with the Go Africa Trading Terms. We may revoke this license at any time. Any goodwill arising from your use of Go Africa Trading’s Brand Features will belong to Go Africa Trading.
We may include your name and Brand Features in our presentations, marketing materials, customer lists and financial reports.
You agree not to disclose Go Africa LLC, Go Africa Trading Confidential Information without our prior written consent. “Go Africa Trading Confidential Information” includes:
(a) all Go Africa Trading software, technology and documentation relating to the Services.
(b) click-through rates or other statistics relating to Property performance as pertaining to the Services.
(c) the existence of, information about, or the terms of, any non-public beta or experimental features in a Service and
(d) any other information made available by Go Africa Trading that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. Go Africa Trading Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third party. Notwithstanding this Section 11, you may accurately disclose the amount of Go Africa Trading’s gross payments resulting from your use of the Services.
You agree to indemnify and defend Go Africa LLC, & Go Africa Trading, its affiliates, agents, and end customers from and against any and all third-party claims and liabilities arising out of or related to the Products, Properties, and services including any content served on the Properties that is not provided by Go Africa Trading ; your use of the Services; or your breach of any term of the Go Africa Trading Terms. Go Africa Trading’s end customers are third-party beneficiaries of this indemnity.
13. Representations; Warranties, Disclaimers
You represent and warrant that
(i) you have full power and authority to enter into the Go Africa Trading Terms.
(ii) you are the owner of, or are legally authorized to act on behalf of the owner of, each Property.
(iii) you are the technical and editorial decision maker in relation to each Property on which the Services are implemented and you have control over the way in which the Services are implemented on each Property.
(iv) Go Africa Trading has never previously terminated or otherwise disabled an Go Africa Trading Account created by you due to your breach of the Go Africa Trading Terms, including due to invalid activity.
(v) entering into or performing under the Go Africa Trading Terms will not violate any agreement you have with a third party or any third-party rights and
(vi) all of the information provided by you to Go Africa Trading is correct and current.
OTHER THAN AS EXPRESSLY SET OUT IN THE GO AFRICA TRADING TERMS, WE DO NOT MAKE ANY PROMISES ABOUT THE SERVICES. FOR EXAMPLE, GO AFRICA TRADING MAY REFUSE TO SERVE, AS APPLICABLE,
- ADVERTISEMENTS AND OTHER CONTENT (“ORDERS OR TRANSACTIONS “),
- GO AFRICA TRADING SEARCH BOXES AND SEARCH RESULTS, AND
- RELATED SEARCH QUERIES AND OTHER LINKS TO YOUR PROPERTIES. WE DO NOT GUARANTEE THAT EVERY PAGE WILL RECEIVE ORDERS OR TRANSACTIONS OR THAT GO AFRICA TRADING WILL SERVE A CERTAIN NUMBER OF ORDERS OR TRANSACTIONS. ADDITIONALLY, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR PROFITABILITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE EACH SERVICE “AS IS”.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED. WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
14. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS, AND/OR PROPRIETARY INTERESTS RELATING TO THE GO AFRICA TRADING TERMS,
- IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE GO AFRICA TRADING TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND
- EACH PARTY’S AGGREGATE LIABILITY UNDER THE GO AFRICA TRADING TERMS IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY THAT PARTICULAR PARTY IN CONNECTION WITH THESE GO AFRICA TRADING TERMS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
Each party acknowledges that the other party has entered into the Go Africa Trading Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
Entire Agreement, Amendments. The Go Africa Trading Terms are our entire agreement relating to your use of the Services and supersede any prior or contemporaneous agreements on that subject. The Go Africa Trading Terms may be amended
- in a writing signed by both parties that expressly states that it is amending the Go Africa Trading Terms, or
- as set forth in Section 4, if you keep using the Services after Go Africa Trading modifies the Go Africa Trading Terms.
Assignment. You may not assign or transfer any of your rights under the Go Africa Trading Terms.
Independent Contractors. The parties are independent contractors and the Go Africa Trading Terms do not create an agency, partnership, or joint venture.
No Third-Party Beneficiaries. Other than as set forth in Section 12, the Go Africa Trading Terms do not create any third-party beneficiary rights.
No Waiver. Other than as set forth in Section 6, the failure of either party to enforce any provision of the Go Africa Trading Terms will not constitute a waiver.
Severability. If it turns out that a particular term of the Go Africa Trading Terms is not enforceable, the balance of the Go Africa Trading Terms will remain in full force and effect.
Survival. Sections 5, 6, 8, 12, 14, and 15 of these Terms of Service will survive termination.
Governing Law; Venue. All claims arising out of or relating to the Go Africa Trading Terms or the Services will be governed by New York law, excluding New York’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of New York County, New York, USA, and you and Go Africa Trading consent to personal jurisdiction in those courts.
Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.
Communications. In connection with your use of the Services, we may contact you regarding service announcements, administrative messages, and other information. You may opt out of some of those communications in your Account settings. For information about how to contact Go Africa Trading , please visit our contact page.
Immediate shipment shall mean shipment within 2- 6 weeks days from the date of order placement and receipt of shipment labels and instructions by the vendor or merchant.
When right to partial shipment exists, this is severable as to each shipment, and non-delivery, delayed delivery, or non-conformity with order requirements of any part shall not affect end customer’s obligations to accept and pay for any other part, which acceptance and payment shall be made without prejudice.