TERMS OF USE

These Terms of use constitute a binding and enforceable legal contract between THYMBA E-COMMERCE NIGERIA (A division of ALLAY GLOBAL LIMITED), its affiliated vendors, and every customer.  Please read these Terms carefully.

1. 1. Your access and use of the THYMBA E-COMMERCE website and mobile applications, as well as any service, content, and data available via them (together, the “Service” or the “Platform”) are governed by these Terms.
2. 2. If you do not agree with any part of these Terms, or authorized to be bound by the Terms, please do not access or use the Service.

1. • ALL SERVICES OF THYMBA AND CO ARE  RENDERED, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTEES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED.
2. • ADMINISTRATOR HAS NO CONTROL O VER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF GOODS AND SERVICES PUBLISHED BY VENDORS ON THE PLATFORM; THE TRUSTWORTHINESS OR ACCURACY OF INFORMATION PROVIDED BY USERS IN THE ANNOUNCEMENTS; THE ABILITY OF SELLERS TO SELL GOODS OR TO PROVIDE SERVICES; THE ABILITY OF BUYERS TO PAY FOR GOODS OR SERVICES; OR THAT A USER WILL ACTUALLY COMPLETE A TRANSACTION. ADMINISTRATOR MAKES NO GUARANTEES CONCERNING THAT MANUFACTURING, IMPORT, EXPORT, OFFER, DISPLAYING, PURCHASE, SALE, ADVERTISING AND/OR USE OF PRODUCTS OR SERVICES, WHICH ARE OFFERED OR DISPLAYED ON THE PLATFORM DO NOT INFRINGE ANY THIRD PARTIES’ RIGHTS. THEREFORE, ADMINISTRATOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION TO MATERIALS AND INFORMATION POSTED BY VENDORS ON THE PLATFORM.
3. • YOU ARE ENCOURAGED TO CHECK THE GOODS BEFORE PAYMENT.
4. •YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY IF YOU INTEND TO CONTACT OR PATRONISE ANY VENDOR LISTED ON THIS COMPANY OUTSIDE THE SERVICE(S) OF THYMBA. WE WILL NOT BE RESPONSIBLE, OR NEITHER INTRUDE ON ANY DISPUTES THAT OCCURS OUTSIDE THE USE OF OUR E-COMMERCE SERVICE.

1. • In order to use certain features of the Service you may need to create an account on the Platform and provide certain information about yourself as required by the registration section. 
   • You may create an Account as an Individual, as a vendor, as an authorized reseller of a product(s), and as authorized representative of a company. 
   • You can only register one account. Due to email verification, users are limted to creating one account, and if duplicate accounts are noticed, this might risk a temporal closure on all affected accounts until further verifications are uplaoded. 
   • You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.
   • You hereby represent and warrant to us that you have reached the age of majority or are accessing the Service under the supervision of a parent or legal guardian. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.
   • We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
   • You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2.  

SERVICE

1. • The Platform is an online service that allows users to promote announcements, to view announcements uploaded by other users. 
   • The Administrator itself is not an importer, manufacturer, distributor, or seller of any item. In addition, the Administrator is responsible for supervising sales and transactions carried out via this platform. The Administrator provides users with an opportunity to communicate.
   • Users shall be solely responsible to collect and remit any applicable taxes resulting from the sale of their goods or services posted on the Platform.
   • The Administrator reserves a right to delete or block access to announcements posted by users without any notice in the event of: (i) receiving of mandatory judgments of competent public authorities; (ii) claim of a holder of intellectual property rights to terminate infringement of his/her rights by a user on the Platform; (iii) infringements of rights or legal interests of other users, legal entities, or individuals upon their reasonable request; (iv) detecting that announcement posted by user on the Platform breaches these Terms or any applicable law, regulation, rule or standard.
   • The Administrator is authorized to delete or block announcements of users regardless of providing a user with the relevant substantiation.
   • The Administrator retains the right to implement any changes to the Service at any time, with or without notice. 
   • Each user of the Service is solely responsible for any and all his or her User Content (as defined below). Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. 
   • The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, "Third Party Ads"). Such Third-Party Ads are not under the control of the Administrator and the Administrator is not responsible for any Third-Party Ads. The Administrator provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by online properties to which the Third Party Ads lead, may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such online properties. When you link to third party online properties, the applicable service provider's terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-Party Ads that are found on or through the Service, including payment and delivery of related goods or services, are solely between you and such third party.
   • You hereby release us, our officers, employees, agents, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any Service users or any Third Party Ads.

FEES

1. • THYMBA E-COMMERCE is generally free; however, it may contain payable services. For instance, we may set commission(s) for all products sales by vendors who uses the service of this platform.
2. • The terms and conditions of sale and services provision developed by the user shall not interfere with these Terms and applicable laws.
3. • Price of goods or services shall be exact. If it is perceived to be changed due to any specific circumstances, this shall be provided in the announcement.

INDEMNITY

You agree to indemnify and hold the Administrator, its successors, subsidiaries, affiliates, related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of: (i) your use of the Platform; (ii) your User Content; (iii) your violation of any representation, warranty, covenant, or obligation stipulated in these Terms; (iv) your violation of any applicable law, industry-standard, regulation, guideline, rule; (v) any transaction entered into by you via the Platform or your violation of terms of such transaction. The Administrator reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE, AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.