Welcome
This Terms and Conditions (“Agreement”) constitutes a legally binding agreement between you and TradEX (“TradEX”, “we”, “us”, “our”) concerning your access to and the use of our services made available to you on our website or other digital platforms (“Platform”) whether as visitors or registered users.
By accessing our services and onboarding on our Platform, you accept and agree to be bound by the terms set out under this Agreement. If you do not wish to be bound by this Agreement, please do not use or access our services.
We encourage you to read the terms of this Agreement as it sets out your rights and obligations. This Agreement incorporates our Privacy Statement which is available here
1. Version Control
We may make changes to this Agreement from time to time and when we do, we will update the “Last Updated” date given above. We may notify you through your registered email address on the Platform of the revisions made to this Agreement. However, you understand that this may not always be practicable and when that occurs, you agree to waive your right to notification.
It is your responsibility to review this Agreement frequently and to stay informed of all changes which may be made to it. By using our services after a revision has been made to this Agreement, you consent to be bound by the changes we made.
2. Definition and Interpretation
Under this Agreement, the following words and meanings will have the meanings ascribed to them:
- “Applicable Law” means every law applicable to the services under this Agreement for the time being in force in our jurisdiction of operation.
- “Confidential Information” means all and any confidential and proper information shared between the parties, whether or not marked as ‘confidential’ or if by its nature intended to be for the knowledge of the receiving Party alone, shall be kept confidential by the receiving Party unless or until the receiving Party can reasonably demonstrate that such information and material, is, or part of it is, in the public domain through no fault of its own.
- “Website” means www.tradex.africa as updated from time to time.
3. Who are we
TradEX is an e-commerce platform developed by Patiti Consulting in collaboration with AfrixemBank and AKU. We leverage technology to develop digital products that drive e-commerce across the globe. We are committed to safeguarding the safety and privacy of users of our services.
4. Acceptable Use Policy
Your onboarding and continued use of our Platform is subject to your compliance with our acceptable use requirements. You agree not to use our Platform or services for any of the following:
4.1. Breach of the provision of any Applicable Law or regulations.4.2. Circumvent, disable or otherwise interfere with the normal operation of our services or affect the use of our services by other users.4.3. Violate the rights of a third party.4.4 Modify, adopt, decipher, decompile, disassemble or reverse engineer any software composed in or in any way making up a part of our Platform.
5. Disclaimers and Limitation of Liability
5.1. You understand and agree that we provide our services to you on “as is" and "as available" basis. We do not guarantee that our services will meet your expectations or will be secured.5.2. We specifically disclaim that our Platform are free of viruses or errors, or that the content is accurate and will be uninterrupted, or that defects will be corrected or that the service will be available at all times or access to our Platform or any part of the services, our terms and other information provided by us or any part of our services will be continuous, uninterrupted, timely, or error-free.5.3. We expressly disclaim all warranties of any kind, whether express or implied including without limitation implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, security or accuracy.5.4 We shall not be liable for any direct or indirect losses or damage arising out of or in connection with the use of our platform except that we may be liable for losses due only to our willful misconduct or gross negligence.5.5 No advice or information obtained from us will create any warranty not expressly stated in this Agreement. We do not guarantee the accuracy or completeness, or reliability of any information you access using our services
6. Indemnity
6.1. You will indemnify us fully for any loss or damage we may sustain when you fail to perform your obligations under this Agreement, an Applicable law or violate our acceptable use policy.6.2. Whenever your indemnification responsibility is triggered, it will also include interests that may be added to the amount payable.
7. Confidentiality
7.1. Any information we receive from you or which you provide us with, and which by its nature ought to be confidential or which is communicated to be confidential is to be treated with the utmost confidentiality. This implies that you and us will not communicate with third parties without the written consent of the party whose information is disclosed. You understand that this clause does not restrict us from making disclosures to:7.2. You understand that this clause does not restrict us from making disclosures to:
7.2.1. Our affiliates or partners for the provision of the services.7.2.2. Law enforcement and regulatory authorities that may require this information in the performance of their duties.
8. Third-Party Contracts
8.1. Your use of our services may be subject to additional terms that may apply between us and our partners for the purpose of providing our services to you, and by using our services you agree to be subject to such additional terms.
9. Entire agreement
9.1. These general terms and conditions shall constitute the entire agreement between you and us in relation to your use of our platform and shall supersede all previous agreements between you and us in relation to your use of our platform
10. Entire agreement
10.1. We may revise these terms of service from time to time with notice to you and the revised general terms and conditions shall apply from the date of publication on the platform.
11. Entire agreement
11.1. No waiver of any breach of any provision of these general terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of these general terms and conditions.
12. Severability
12.1. If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable the other provisions will continue in effect.12.2. If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted that part will be deemed to be deleted and the rest of the provision will continue in effect.
13. Assignment
13.1. You hereby agree that we may assign transfer sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.13.2. You may not, without our prior written consent, assign transfer sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.
14. Governing Law
14.1. This Agreement and all disputes that may arise under it are subject to the laws of Nigeria, without regard for conflict of law rules. All disputes which may arise from this Agreement shall first be resolved by negotiation. However, where negotiation subsists for 14 days without resulting in the termination of the Agreement, the dispute shall be resolved by mediation.
15. Updates
To improve our user’s experience, and to broaden the reach of our services we will make updates to our Platform from time to time.a. This will include introducing new features to our Platform and introducing additional services.By consenting to this Agreement, you agree to be migrated to our improved Platform as they are introduced. We will provide you with notice before migration and you have the right to discontinue the use of our services where these new features and additional services do not meet your needs.
16. Electronic Communication and Signature
16.1. You consent to receive all notices, disclosures, and other communications required to be provided under this Agreement, electronically, through email and other commercially acceptable, electronic means of communication, and such electronic means of communication satisfies any legal or contractual requirements for written communications.16.2. This agreement may be executed through digital signatures, and you may not at any time in the future repudiate the legality of such signature.
17. Contact us
If you have any questions or inquiries concerning our service or Platform, please contact us atcontactus@tradex.africa