Account Creation

1.  You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

2.  To access and use the Services, you must register for a Zoafia account (“Account”) by providing your full legal name, business name, current address, phone number, a valid email address, and any other information indicated as required. Zoafia may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

3.  You acknowledge that Zoafia will use the email address and phone number you provide as the primary method for communication.

4.  You are responsible for keeping your password secure. Zoafia cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

5.  You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Zoafia Account (“Brand Content”). You must not transmit any worms or viruses or any code of a destructive nature. You are also responsible for providing accurate information of all products and services listed under your account. Zoafia will not be held liable for falsifying information regarding products, services and all content provided by your store.

6.  A breach or violation of any term in the Terms of Service as determined in the sole discretion of Zoafia will result in an immediate termination of your services.



Account Activation

1.  The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

2.  The Terms of Service shall be governed by and interpreted in accordance with the laws of the Federal High court of Nigeria applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Federal High Court of Nigeria with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations or the ECOWAS Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

3.  You acknowledge and agree that Zoafia may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Zoafia’s website and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Zoafia’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

4.  You may not use the Zoafia service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the Federal republic of Nigeria. You will comply with all applicable laws, rules and regulations in your use of the Service.

5.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Zoafia.

6.  You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Zoafia or Zoafia trademarks and/or variations and misspellings thereof.

7.  Questions about the Terms of Service should be sent to hello@zoafia.com.

8.  You acknowledge and agree that your use of the Service, including information transmitted to or stored by Zoafia, is governed by its privacy policy.



Zoafia's Rights

1.  We reserve the right to modify or terminate the Service for any reason, without notice at any time.

2.  To access and use the Services, you must register for a Zoafia account (“Account”) by providing your full legal name, business name, current address, phone number, a valid email address, and any other information indicated as required. Zoafia may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

2.  We reserve the right to refuse service to anyone for any reason at any time.

3.  We may, but have no obligation to, remove Brand Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

4.  Verbal or written abuse of any kind (including threats of abuse or retribution) of any Zoafia customer, Zoafia employee, member, or officer will result in immediate Account termination and/or further court action as deemed necessary.

5.  Zoafia does not pre-screen Brand Content and it is in our sole discretion to refuse or remove any Brand Content that is available via the Service.

6.  We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Zoafia employees and contractors may also be Zoafia customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

7.  In the event of a dispute regarding Account ownership or brand names, we reserve the right to request documentation to determine or confirm Account ownership or brand name. Documentation may include, but is not limited to, a scanned copy of your business license, government issued business certificate, company bank details etc.

8.  Zoafia retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Zoafia reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

9.  In no event shall Zoafia be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Zoafia partners, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

10.  Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

11.  Zoafia does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

12.  Zoafia does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

13.  Zoafia does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.



Waiver

The failure of Zoafia to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Zoafia and govern your use of the Service, superseding any prior agreements between you and Zoafia (including, but not limited to, any prior versions of the Terms of Service).



Intellectual Property

1.  We do not claim any intellectual property rights over the material you provide to the Zoafia service. All material you upload remains yours. You can remove your Zoafia store at any time by deleting your Account.

2.  By uploading Store Content, you agree: (a) to allow other internet users to view your Brand Content; (b) to allow Zoafia to display and store your Brand Content; and (c) that Zoafia can, at any time, review all the Brand Content submitted by you to its Service (d) that Zoafia can use other means including but not limited to Social media and email push notifications to advertise to the general public of the existence of your brand on Zoafia.

3.  You retain ownership over all Brand Content that you upload to a Zoafia store; however, by making your store brand public, you agree to allow others to view your Brand Content. You are responsible for compliance of Brand Content with any applicable laws or regulations.

4.  We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

5.  Zoafia shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your brand to promote the Service.



Payment of fees

1.  You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”) where applicable.

2.  All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

More to follow on this...



Cancellation and Termination

1.  You may cancel your Account at anytime by emailing hello@zoafia.com and then following the specific instructions indicated to you in Zoafia's response.

2.  Upon termination of the Services by either party for any reason:

  a) Zoafia will cease providing you with the Services and you will no longer be able to access your Account;

  b) unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

  c) any outstanding balance owed to Zoafia for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

  d) your brand website will be taken offline.

3.  If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

4.  We reserve the right to modify or terminate the Zoafia Service or your Account for any reason, without notice at any time.

5.  Fraud: Without limiting any other remedies, Zoafia may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.



Cancellation and Termination

1.  Prices for using the Services are subject to change upon 30 days notice from Zoafia. Such notice may be provided at any time by posting the changes to the Zoafia Site (Zoafia.com) or the administration menu of your Zoafia store via an announcement.

2.  Zoafia reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.

3.  Zoafia shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

4.  Prices for using the Services are subject to change upon 30 days notice from Zoafia. Such notice may be provided at any time by posting the changes to the Zoafia Site (Zoafia.com) or the administration menu of your Zoafia store via an announcement.



Copyright infringement, CAC and Takedown

Zoafia supports the protection of intellectual property and asks Zoafia brands to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of the brands on Zoafia is infringing their intellectual property rights, they can send a CAC Notice to Zoafia’s designated agent using our form. Upon receiving a CAC Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the brand can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. More on this to follow...