By signing up for, or using the Konga services or its affiliates, you are agreeing to be bound by the following terms and conditions. The services offered by Konga under the Terms of Service include various products and services to help you sell goods and services to buyers, whether Online or Offline.
This document is an electronic record in terms of National Information Technology Development Agency Act, 2007 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the National Information Technology Development Agency Act, 2007. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of the Konga.com website www.Konga.com (hereinafter referred to as "Konga.com.") and tools are governed by the following terms and conditions as applicable to Konga.com. If you transact on Konga.com, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with Konga Online Shopping Limited, a company incorporated under Companies and Allied Matters Act, 2004 with head office at 1A, Redemption Crescent, Gbagada, Lagos, Nigeria and these terms and conditions constitute your binding obligations.
Use of the Konga.com Website is available only to persons who can form legally binding contracts under Nigerian governing laws. If you are a minor i.e.under the age of 18 years, you shall not register as a member of Konga.com and shall not transact or use Konga.com website. As a minor if you wish to use or transact on Konga.com, such use or transaction may be made by your legal guardian or parents who have registered as users of Konga.com. Konga.com reserves the right to terminate your membership and refuse to provide you with access to Konga.com if it is brought to Konga Online Shopping Limited’s notice or if it is discovered that you are under the age of 18 years.
When You use the Website or send emails or other data, information or communication to Konga.com, You agree and understand that You are communicating with Konga.com through electronic records and You consent to receive communications via electronic records from Konga.com periodically and as and when required. Konga.com may communicate with You by email or by such other mode of communication, electronic or otherwise.
Membership on Konga.com is free. Konga.com does not charge any fee for browsing and buying on Konga.com. However, Konga.com reserves the right to charge a fee and change its policies from time to time. In particular, Konga.com may at its sole discretion introduce new services and modify some or all of the existing services offered on Konga.com. In such an event Konga.com reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Konga.com. Unless otherwise stated, all fees shall be quoted in Nigerian Naira. You shall be solely responsible for compliance of all applicable laws including those in Nigeria for making payments to Konga.com.
You agree, undertake and confirm that your use of Konga.com shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects.
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE Konga.com WEBSITE AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect the views of Konga.com. In no event shall Konga assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Konga.com. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Konga.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Konga shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Konga.com.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Konga.com and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Konga.com, and that the recipient may use such information to harass or injure you. Konga does not approve of such unauthorized uses but by using the Konga.com Website you acknowledge and agree that Konga will not be responsible for the use of any personal information that you publicly disclose or share with others on Konga.com. Carefully select the type of information that you publicly disclose or share with others on Konga.com.
Konga shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through a group(s) of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on Konga.com is owned, controlled or licensed by or to Konga Online Shopping Limited, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Konga.com products and services purposely made available by Konga.com for downloading from the Site, provided that you
Konga does not take responsibility or liability for the actions, products, content and services on Konga.com website, which are linked to Affiliates and / or third party websites using Konga.com APIs or otherwise. In addition, Konga.com may provide links to the third party websites of affiliated companies and certain other businesses for which, Konga assumes no responsibility for examining or evaluating the products and services offered by them, and Konga does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Konga.com does not in any way endorse any third party website(s) or content thereof.
Konga.com welcomes links to this site. You may establish a hypertext link to Konga.com website, provided that the link does not state or imply any sponsorship or endorsement of your site by Konga.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on Konga.com, including any logos or characters, without the express written consent of Konga.com and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Konga.com website without Konga’s prior written consent.
Information submitted may be made available to Konga partners who can in turn use it for verification purposes
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Konga.com on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Konga.com does not warrant that:
Konga will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Konga.com website.
Konga does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Konga.com website; their servers; or electronic communication sent from Konga.com are free of viruses or other harmful components.
Nothing on Konga.com constitutes, or is meant to constitute, advice of any kind.
All the products sold on Konga.com are governed by laws of The Federal Republic of Nigeria and if Konga is unable to deliver such products due to implications of the laws, Konga will return or will give credit for the amount received by Konga from the sale of such product, which could not be delivered to you.
You will be required to enter a valid phone number while placing an order on Konga.com. By registering your phone number with us, you consent to be contacted by Konga via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Konga will not use your personal information to initiate any promotional phone calls or SMS'.
While availing any of the payment method(s) offered at Konga.com, Konga will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
All payments made against the purchases/services on Konga.com by you shall be compulsorily in Nigerian Naira acceptable by the Central Bank of Nigeria. Konga does not accept any other form of currency with respect to the purchases made on Konga.com.
The Wallet ("Wallet") is a pre-paid payment instrument which is associated with your Konga.com account. You can maintain a balance of money with Konga.com and redeem it at your convenience.
Without limiting other remedies, Konga.com may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to Konga.com website in the event, but not limited to:
Konga.com may at any time at its sole discretion reinstate suspended Users.
This Agreement shall be governed by and interpreted and construed in accordance with the laws of The Federal Republic of Nigeria. The place of jurisdiction shall be exclusively in Lagos, Nigeria.
Unless otherwise specified, the material on Konga.com is presented solely for the purpose of sale in Nigeria. Konga makes no representation that materials/services in Konga.com are appropriate or available for use in other locations/Countries other than Nigeria. Those who choose to access this site from other locations/Countries other than Nigeria do so on their own initiative and Konga is not responsible for supply of goods/availability of services, refund for the goods or services ordered from other locations/Countries other than Nigeria, compliance with local laws, if and to the extent local laws are applicable.
This site is controlled and operated by Konga Online Shopping Limited. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Konga.com web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
We at Konga respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at email@example.com
All items purchased from Konga.com are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with Konga until the item is transferred to You. In the event that the items are damaged after receipt, the risk falls on the customer.
Konga.com tries to be as accurate as possible. However, Konga.com does not warrant that product or service description or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered on Konga.com itself is not as described, your sole remedy is to return it in unused condition.
If Konga.com comes across any difference in pricing resulting from typographic errors with regards to pricing or product/service information, Konga.com shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.
Konga.com reserves the right to cancel any order without any explanation for doing so, under situation where Konga.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Konga.com policy or for any reason. However, Konga.com will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
Konga.com reserves the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our goods and services with or without prior communications. You hereby consent that Konga.com will under no circumstance be liable to you or any third party for any modification or discontinuance of availability of goods or services on the website.
IN NO EVENT SHALL Konga.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF Konga.com HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
KONGA’S AGGREGATE LIABILITY TO YOU, ANY INDIVIDUAL OR ANY THIRD PARTY IN ANY MATTER ARISING HEREFROM, RELATED OR CONNECTED TO OUR GOODS AND SERVCES IS AT THE COMPANY’S SOLE DISCRETION.
This section of our terms and conditions covers:
Section A: “TERMS AND CONDITIONS FOR EATERIES, CAFES AND FOOD AND DRINK OUTLET MERCHANT GIFT CERTIFICATES” while Section B: “TERMS AND CONDITIONS FOR NON-EATERIES MERCHANT GIFT CERTIFICATES”.
SECTION A -TERMS AND CONDITIONS FOR EATERIES, FOOD AND DRINK OUTLET MERCHANT GIFT CERTIFICATES
The terms and conditions in this section A and all other Terms and Conditions applicable to you as a Merchant govern all Merchants on Konga.com who sell a variety of edibles and beverages as its type of business and makes such available to Customers via Konga.com by giving the customers the opportunity to purchase same via Vouchers on Konga.com.
Every Voucher purchased by a customer on Konga.com will clearly have printed on it the number of times it can be redeemed. Please note that this is pre-determined by the Merchant and Restaurant.
Note the following:
SECTION B -TERMS AND CONDITIONS FOR NON-EATERIES MERCHANTS GIFT CERTIFICATES
Please note the following:
Please note that all Merchants who already have goods and services, or Prospective Merchants who have sent in request to have their goods and services uploaded or advertised on konga.com in order to conduct transactions, including but not limited to;
ADVERTISING -Advertising Services offered by Konga.com include, but are not limited to the display of certain goods, services and information about your business from time to time, splashing adverts, direct calls to you and sending certain information to users of Konga.com via different means (i.e. SMS messages or emails).
VOUCHERS- All vouchers purchased and thereafter printed from the Konga.com platform are strictly promotional vouchers which are offered at prices below their face value and thereafter purchased by customers.
In light of the above they are subject to all Terms and Conditions of Konga Online Shopping Limited as stipulated on this page and also the Terms and Conditions and Redemption Policies of the Merchant or Restaurant. All customers who intend to purchase on the Konga.com platform are subject to the specific limitations in relation to the goods or services. (i.e. if a Merchant specifies that only one Konga.com Voucher maybe purchased by a customer, the customer must abide by same, if the customer goes ahead to purchase more than stipulated and tries to redeem the excess, the Merchant is at liberty to refuse redemption of same without paying any compensation or refund whatsoever to the customer. In such an instance Konga.com will not compensate the customer for any such contraventions, neither will the customer receive a refund in relation to the purchase.
An Eatery Specific Gift Voucher is strictly issued by that Eatery, who is also a Merchant on our platform and not Konga. The Eatery or Merchant is therefore fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. Eatery -Specific Vouchers and Merchant Vouchers are redeemable “as is” only and may not be redeemed incrementally.
A Konga.com Voucher can only be redeemed at the cash value paid by the customer for it (i.e. if you paid N500.00 for a Konga Voucher, but the voucher gives you N3000.00 of value to the Merchant, the cash value that you paid is N500.00 as opposed to the authentic value/actual value of N3000.00).
Please note all expiration dates on Vouchers are valid and therefore govern the last date which you can use the VOUCHER, in the event you do not redeem your voucher before the expiration, you automatically forfeit same, unless the law provides otherwise.
Please note that all your purchases are either directly from Konga.com if the item is “Sold by Konga”, or from a Merchant in the event the goods or services are offered by the Merchant. In light of the above, goods or services sold by a Merchant are strictly redeemable from Merchants while those sold by Konga are redeemable from Konga.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to firstname.lastname@example.org or to our office at 1A Redemption Crescent, Gbagada 100234, Lagos.
As a demonstration of our commitment to Nigeria and Nigerian entrepreneurs, Konga Online Shopping Limited (“Konga”, “us”), Nigeria’s Largest Online Mall opened up its online platform to Nigerian businesses to enable merchants sell their products (“Mall”), giving instant nationwide access to your products. Merchants can also enjoy all the benefits that come with having an online store by being able to sell their products to customers all over Nigeria. Businesses that sign up to Konga’s Mall will have a free microsite provided for them, and Konga will provide additional valueadded services including but not limited to marketing, customer service and logistics partnerships to cater for customers in all 36 states in Nigeria as well as Abuja. Konga will also provide dedicated account managers to all merchants to enable them increase their turnover quickly. Merchants can greatly increase sales and revenue by partnering with us, while we worry about getting their products to customers all over Nigeria. We also provide convenient payment terms for the proceeds of merchants’ sales. Konga offers its customers both prepaid and pay-on-delivery payment options for goods purchased. All merchants have to do to enjoy all these benefits is to review and accept the terms and conditions of the Konga Mall Service Agreement below. Konga reserves the right to alter these Terms & Conditions at any point without notice, by updating the content on the Konga website.
In consideration of the mutual covenants set forth in this Agreement, Seller and Konga (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows:
The Seller agrees to compensate Konga for the services rendered listed in section 2 below (“Services”).
Konga will use reasonable diligence in rendering the Services offered to the Seller, which include the following:
- Online storefront tailored to the Seller with payment gateway and escrow service at Konga.com;
- Access to SellerHQ and other account management systems;
- Access to a dedicated account officer and other account management services;
- Access to logistics partners;
- Provision of analytics;
- Seller Services Helpline Number (Mon – Fri; 08:00 – 18:00)
- Emarketing, and other marketing services as available and appropriate.
Konga may at its sole discretion add or remove Services from the above list from time to time and some of the new services may attract separate charges, in which case the Seller will be informed before provision of the said services.
Konga reserves the right to alter or vary the available Services, the nature of the Services and any charges at its sole discretion.
The Seller agrees to use reasonable diligence in providing Konga with genuine products, uptodate product quantity information and accurate product information.
For all of the Services provided by Konga under this Agreement, the Seller shall compensate Konga, with commissions or other payments as required, in accordance with the terms of the ‘Commission Structure’, which will be communicated to all sellers; or agreed in advance between both parties, or detailed elsewhere on the Konga website.
Every Merchant shall have an opening/ minimum balance of N10, 000.00 (Ten Thousand Naira) only in his/her Konga Wallet upon registration with Konga. Konga shall have the right to deduct commissions for all “Self-fulfilled Orders” directly from the Merchant’s Konga Wallet or from his/her designated Bank Account in the event his/her wallet is empty.
Konga will from time to time review the category commission structure and will notify the Seller of any changes by communicating directly to sellers, or publishing the same on the SellerHQ portal, or on Konga’s website not less than fourteen (14) days before any variation in commission rate or charging structure takes place. Konga will remit payments for sales generated by the Seller on its platform minus the agreed commission and all applicable taxes as soon as products sold have been delivered and applicable return period has lapsed, or as agreed between the Parties.
The Seller and Konga acknowledge and agree that the scope of work and all other documents and information related to the development of the Services (the “Confidential Information”) will constitute valuable trade secrets of Konga. Seller shall keep the Confidential Information in confidence and shall not at any time during or after the terms of this agreement, without Konga’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the “Confidential Information” definition is anything that can be seen by the public.
Konga shall be deemed as an independent contractor. Konga will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Seller will not withhold or pay any income tax, social security tax, or any other payroll taxes on Konga’s behalf. Konga is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the Seller. Konga understands that it will not be entitled to any fringe benefits that Seller provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.
This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. Konga reserves the right to alter these terms and conditions at any point without notice, by updating the content on the Konga website.
Seller warrants that everything it gives Konga to use in the delivery of the Services or any deliverable is legally owned or licensed to the Seller. The Seller agrees to indemnify and hold Konga, its employees and associates harmless from any and all claims brought in the performance of the Services.
Seller shall indemnify and hold KONGA harmless in respect of any action that may be taken against it, or any claims that may be brought against it, for whatever reason and of whatever nature – including, but not limited to, breach of law, regulation and/or any of the obligations and warranties under this Contract – by any third party in respect of the Contents and/or the Services and/or any and all activities related and connected to the Contents and/or the Services, irrespective of any direct liability of the Seller (“Third Party Claim”).
A) Not withstanding applicable returns policy, Merchant further covenants to:
B) Merchant agrees to indemnify, defend and hold harmless Konga against and from any third party claims (including reasonable legal or arbitration costs) arising from:
Either Party shall have the right to terminate this Agreement for cause immediately and without notice in the event of a breach of the obligation under this Agreement by the other Party.
Konga has the right to evict the Seller from Konga if any, or a combination, of the following breaches are committed:
- Fails to make a product that has been sold on Konga Mall available for delivery within three (3) business days after it was supposed to be available for delivery;
- Provides fake, inferior or substandard products that have been sold as genuine;
- Provides used, refurbished or damaged products that has been sold as new or unused;
- Lists and sells products that have not been authorized for sale by the appropriate regulatory body (including but not limited to the NCC, NAFDAC etc);
- Fails to meet the Quality Of Service Standards (QoS) as defined in the SellerHQ ratings system (details on request);
- Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading;
- Engages in any activity that brings Konga, or any of Konga’s partners or other mall vendors into disrepute.
Konga reserves the right to alter these QOS rules at any time, and in the event of any changes Konga will inform the Seller by publishing the same on Konga’s website. Konga will send a formal warning to the Seller after each incident.
Konga is committed to delivering stellar services to its customers at all times, and we strive to ensure that all products sold via the Konga Mall and shipped to our buyers are held to the same high quality standards. Konga Mall has zero tolerance for counterfeit products, therefore any store that sells unoriginal, fake/replica, refurbished or unauthorized items on Konga will be automatically suspended and the authenticity of the products will be investigated. If the merchant is then proven to sell these items, the store will be permanently prohibited from selling on Konga Mall. This policy excludes official replica items produced and sold by authorized brands and organizations.
Sellers shall be responsible for insurance in relation to goods shipped to customers.
Konga respects all copyright and trademarks of others. As a Seller on our website you must in turn respect these rights. Konga will immediately terminate or suspend a seller who infringes another’s trademark or copyright.
The Parties hereby enter into this Agreement as independent contractors, and this Agreement will not be construed to create a partnership, joint venture, or employment relationship between them. Neither Party will represent itself to be an employee of the other or enter into any agreement or legally binding commitment or statement on the other’s behalf or in the other’s name.
- All product descriptions must be true, accurate and non-misleading.
- Products sold by Sellers must not be fraudulently obtained or involve the sale of counterfeit or stolen items.
- Sellers must not infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; Konga will in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of sellers who may be infringers.
- Sellers must comply with governing laws, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, anti- discrimination or false advertising).
- Products/description of products must not be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities.
- No display of images containing pornography is permitted.
- You must not sublease Your account or give another access to Your account or sublease Your Store to third parties;
- Sellers must not incur liability for Konga and its subcontractors or expose them to undue risk or otherwise engage in activities that Konga, in its sole discretion, determines to be harmful to Konga's affiliates, operations, reputation, or goodwill.
- Sellers must not post or display any materials that exploits or otherwise exploits children under age of 18 years.
- Sellers must not conduct activities such as gambling, sweepstakes, raffles and lotteries.
Konga is compliant with all the Money Laundering Regulations and all Money Laundering activities are prohibited.
The Parties agree that they shall attach no liability for any inability to carry out any obligations under this Agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lock outs, war, flood, insurrection and other acts of God PROVIDED however that where an event of force majeure subsists for more than One (1) month the Party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria in force from time to time and any disputes arising out of or in connection with this Agreement, shall be settled by both parties taking reasonable steps to amicably resolve any dispute or misunderstanding;
Where the Parties are unable to resolve the dispute amicably within 30 (thirty) days from receipt of a written notification by a Party of the existence of a dispute, the parties shall in good faith settle the dispute by Mediation administered by the Lagos State Multi Door Court House (LMDC), Igbosere Lagos under its procedures. The duration for mediation shall not exceed 6 weeks. Each party shall be responsible for its own mediation expenses.