Welcome to Alinafe Online. These Terms of Use describe the terms and conditions applicable to your access and use of the website, mobile site, mobile application and other portals owned, operated, branded or made available by Alinafe Online (defined below) from time to time which relate to the Alinafe Online Limited. This document is a legally binding agreement between you as the merchant or seller of products or service provider (referred to as “you”, “your” or “User” hereinafter) and the Alinafe Online entity determined in accordance with clause 2.1 below (referred to as “we”, “our” or “Alinafe.com” hereinafter).

1. Application and Acceptance of the Terms

1.1       Your access to and use of the Alinafe online’s services, application, mobile site and website in selling, advertising or listing your products and services is subject to the terms and conditions contained in this document. Listing, selling and advertising of products and services should be in line with laws of the land guiding any kind business transactions be it online or offline as expounded below. This document and such other rules and policies of the Sites are collectively referred to below as the “Terms”.  By accessing and use of the Sites and Services, you agree to accept and be bound by the Terms.  Please do not access or use the Services or the Sites if you do not accept all of the Terms.

2. Provision of Services

2.1     To offer any kind of services on Alinafe’s online platforms you (individual/entity) have to be registered as merchants, sellers or service providers on Alinafe Online marketing platforms (App, Mobile site and Website), but this is not a limiting factor because your items or services can be listed online on your behalf.

2.2      You must register as a member on the Sites in order to access and use some Services. Further, Alinafe Online reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users, or subject to other conditions that Alinafe Online may impose in our discretion.

3. Users Generally

3.1       As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when accessing or using the Sites or Services by not listing the following products and services on our online marketing platforms;

1. 2. Illegal Drugs and Other Unregulated Medical Products

3.2.1   Alinafe Online vehemently forbids any and all listing or sale of narcotics, tranquilizers, psychotropic drugs, natural drugs, synthetic drugs, steroids and other controlled substances (including all drugs) prohibited by the laws of the Republic of Malawi.

3.2.2   The listing or sale of all drugs substances is hereby prohibited on this online marketing platform.

3.2.3   Drug paraphernalia, including all items that are primarily intended or designed for use in manufacturing, concealing, or using a controlled substance, are strictly forbidden on the Sites. Such items include, but are not limited to those items used for the ingestion of illicit substances, including pipes such as water pipes, carburettor pipes, chamber pipes, ice pipes, bongs etc.

3.2.4   The listing or sale of packaging materials which may be utilized to contain controlled substances, materials conducive to smuggling, storing, trafficking, transporting and manufacturing illicit drugs (e.g. marijuana grow lights), publications and other media providing information related to the production of illicit drugs is prohibited.

1. 3. Illicit Firearms, Weapons and Ammunition
      1. Alinafe Online prohibits the listing, selling or advertising of firearms, ammunition and other related weapons that are likely to cause physical harm and even death, trading of such kind of items is vehemently prohibited on this marketing platform. This also goes beyond to advertising of places, links or websites where such items can be accessed from.
      2. No seller will be allowed to list or sell any product and service which is suspicious in nature, which is legality can’t be traced.

1. 4. Adult and Obscene Content
      1. Alinafe Online will never allow under any circumstance to list or post items or services that can deemed obscene in any way, such products and services will never be allowed on any of Alinafe Online’s platform.

4. Transactions between Buyers and Sellers

4.1       Alinafe Online marketing platform provides you (sellers, services providers and advertisers) to make your transactions right on our website and application using available payment methods such as (Visa and mobile money payments).  However, for transactions being sold on behalf of Companies, individuals and service providers would have to abide by the sales agreement, which has special conditions for the items being sold.

4.2       The sale on behalf contracts shall always be signed by you (merchant, service provider) and Alinafe Online Limited, (and a third party if necessary) for the smooth flow of contractual agreements when the items are being purchased.

5. Commission

5.1        A commission will be agreed upon when the item is being sold with the sale contract, which means Alinafe online selling products and services on your behalf. The commission might always vary according to the nature of the product and calculations.

6. Termination

6.1        Unless terminated in accordance with some provisions of this Agreement, the Agreement with Merchant shall endure until the expiry of the Contract Period.

6.2       Either party may terminate this Agreement:

6.2.1     The contract might be terminated if products have run out of stock on our online shopping platform

6.2.2    The contract may also be terminated in an incident where the products have been sold out using other means rather than those signed in agreement with Alinafe Online Limited.

6.2.3    Contracts will also be liable to termination when your advertising period has expired.

7. Failure or Malfunction of Equipment

7.1        Alinafe Online Limited is not responsible for any loss arising from any failure, malfunction, or delay of or in any mobile network, mobile phone, any equipment, the internet or terminals or any supporting or shared networks resulting from circumstances beyond reasonable control of Alinafe Online Limited.

8. General

8.1      This Agreement constitutes the entire agreement between the Parties and supersedes any previous agreement or relationship of whatever nature between the Parties in respect of the Merchant Services.

8.2      Except where this Agreement provides otherwise, the rights and remedies contained in it are cumulative and not exclusive of any rights or remedies provided by law. Failure or delay by either party at any time to enforce any of the terms and conditions of this Agreement or its rights hereunder shall not constitute a waiver of such rights or of the right to enforce such terms and conditions subsequently at any time.

8.3      If any provision of this Agreement is declared by any judicial or other competent authority or by an arbitrator appointed hereunder to be void, voidable, illegal or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner as achieves the intention of the Parties failing which the offending provisions shall be severed from this Agreement without affecting the remaining provisions of this Agreement which shall continue to remain in full force and effect and binding on the Parties.

8.4     Either party must pay all the other party’s expenses in recovering any amounts owed by the other party including legal fees, collection fees and tracing fees.

9. JURISDICTION AND ARBITRATION

9.1      This Agreement is governed by the laws of Malawi.

9.2      Any dispute or disagreement arising between the Parties in relation to this Agreement shall, upon the request of one Party to the other, be referred to a senior manager of each Party who shall meet within Fourteen (14) days of such notice in good faith in order to determine whether the matter referred to them is capable of resolution and, if so, to resolve the matter between them.

9.3      If such senior managers shall fail to reach an agreement within a reasonable time and in any event within seven (7) days of first meeting, any such dispute shall be referred to a senior executive of each of the Parties who shall meet in good faith within fourteen (14) days of such dispute or disagreement being so referred in order to determine whether the matter referred to them is capable of resolution and, if so, to resolve such matters.

9.4     This Clause and any discussion of senior personnel which takes place hereunder shall not prejudice any right or remedy which any Party may ultimately have.

9.5      If any such dispute or disagreement cannot be settled in accordance with the foregoing provisions of this Clause, the dispute may be referred on election of either Party (the “Notice of Arbitration”) to arbitration by a single Arbitrator to be appointed by agreement between the Parties or in default of such agreement within 30 days of service of Notice of Arbitration upon the application of either Party.