Terms of Service

These general conditions of use (hereinafter “GTU”) govern access to and use of the website https://moemia.us/ and its subdomains (below « Website ») and the Moemia Android mobile application (hereinafter the « Applications »).

1. Legal information

Moemia Market Place offers, through its website https://moemia.us/ and its subdomains (below « Website ») and its mobile applications (hereinafter the "Applications"), a consultation and publication service for manufactured products Where produced locally by craftsmen or entrepreneurs specializing in agri-food processing from the 54 African countries for diaspora communities outside the African continent.

The Website and the Application are published by Moemia Ltd, a company registered in Lomé, Togo with the RCCM under the number: TG-LFW-01-2021-A-10-06220 and whose head office is at Adidogomé Avé Maria, Rue Kogben Doumati, Villa FIAGAN.

2. Objet

These general conditions of use (« hereafter T&Cs ») govern access to and use of the Website and Applications published by Moemia MarketPlace.

3. Acceptance of the T&Cs

Anyone who accesses and uses the Moemia MarketPlace service via the Website and/or the Application is considered a user (hereinafter “User”). and declares to have read these T&Cs and expressly accept them without reservation and/or modification of any kind. These T&Cs are therefore fully enforceable against Users.

Moemia MarketPlace reserves the right to modify, at any time, all or part of the T&Cs. Users are invited to regularly consult these T&Cs in order to be aware of any changes made.

The use of the Website and the Applications by the Users constitutes their acceptance of the modifications made to the T&Cs..

4. Conditions of use of the Website and the Application

User account (hereinafter referred to as «Seller, shipper, affiliate, buyer account»)

The use of certain features requires the User to register and create an Account via their telephone number, a Facebook account, a Google account or an e-mail. In the event that the User uses a social network to connect, it implicitly authorizes Moemia MarketPlace to access and use certain information according to the privacy settings defined in the corresponding social network.

By creating an Account, the User agrees to provide accurate, current and complete information about him in the registration and Account form. By creating an Account, the User assumes full and entire responsibility for the protection of the confidentiality of its connection identifiers and of the activities carried out using this Account. Any loss, misappropriation or use by a third party of connection identifiers and their possible consequences are the sole and entire responsibility of the User.

Features accessible to Users of the Website with an account

View all listings as a buyer

You have access to your sales history as a seller (statistics)

You can consult the list of your products and modify them,

You can have access to the different orders placed by buyers,

You can have access to your virtual account and know if it is credited or not

Consult a product and have access to the details and characteristics of the product as a buyer;

You have access to your wishlist as a buyer,

You can view your history as a buyer

See other products made by the same seller

Search products by category, price, keyword

You change the currency depending on the country you are in

You choose the language ;

Select a product, place the order and pay

Find a carrier

Select the means by which you wish to be delivered (Air, Maritime, Road)

You can comment on a product or give your opinion

Select payment method

You can register as a carrier

Consult the transport offers

Check your balance to see if you've been paid or not

Check if you have appointments with vendors to pick up orders

Features accessible to Users of the Website who do not have an account :

View all ads as a visitor

Consult a product and have access to the details and characteristics of the product as a buyer ;

See other products made by the same seller

Search products by category, price, keyword

You change the currency depending on the country you are in

You choose the language;

Select a product, place the order and pay

Find a carrier

Select the means by which you wish to be delivered (Air, Maritime, Road)

You can comment on a product or give your opinion

Select payment method

Features accessible to Users of the Android application connected to their Account

View all listings as a buyer

Publish your products as a seller

You have access to your sales history as a seller (statistics)

You can consult the list of your products and modify them,

You can have access to the different orders placed by buyers,

You can have access to your virtual account and know if it is credited or not

Consult a product and have access to the details and characteristics of the product as a buyer;

You have access to your wishlist as a buyer,

You can view your history as a buyer

See other products made by the same seller

Search products by category, price, keyword

You change the currency depending on the country you are in

You choose the language;

Select a product, place the order and pay

Find a carrier

Select the means by which you wish to be delivered (Air, Maritime, Road)

You can comment on a product or give your opinion

Select payment method

Ad moderation

Moemia MarketPlace informs the User, who accepts it, that for technical reasons and especially for legal verification purposes, his announcement may not be publicly broadcast immediately after publication.

Moemia MarketPlace reserves the right to remove, without notice or compensation or right to reimbursement, any Ad that does not comply with the Broadcasting Rules and/or that is likely to infringe the rights of a third party.

Notification of abuse

Users can report abusive content from the Website and Applications, either by clicking on the link « report » located on each ad page, either by email by clicking on the link « contact »

Any advertisement published will be published on the Website and the Application

Moemia MarketPlace reserves the right to delete, without notice or compensation or right to reimbursement, any Ad that does not comply with the Broadcasting Rules and/or that is likely to infringe the rights of a third party.

5. The service

The site offers a paying service by which the seller wishing to make a shipment contacts the Carrier to fix a meeting place for the delivery of the Good to be sent and any shipping conditions (size of luggage transported, delivery time, delivery point, etc.). The covaliseurs then fully assume the risks concerning in particular last minute cancellations, the contents of the package to be transported, the loss of the package, the non-payment of the Cost Contribution.

5.1. Commitment of the Carrier

The Carrier undertakes to be in possession of a valid passport in his name and a plane ticket which is in accordance with the information provided in the advertisement. He undertakes to provide the information justifying his identity and proving the journey for the destination proposed in our platform, at the request of the Sender. He undertakes to take all necessary measures to protect the goods sent from any damage or possible loss or theft. He also undertakes to sign the certificate of delivery of objects for downloadable routing here.

5.2. Shipper's commitment

The Shipper undertakes to submit for verification any property entrusted to the Carrier and to entrust only regulated goods which do not compromise the safety of the Carrier and does not contain dangerous products that could affect its safety. The objects to be sent must comply with the legislation in force concerning objects, products and substances authorized at airports. He also undertakes to prove his identity to the Carrier and to sign the certificate of delivery of objects for downloadable routing here.

6. Intellectual property rights

Moemia MarketPlace is the direct or indirect holder of all intellectual property rights (such as copyright, related rights, trademark rights, rights of database producers) relating to both the structure and the content of the Website and the Applications and in particular the images, sounds, videos, photographs, logos, brands, graphic, textual, visual elements, tools, software, documents , data, etc. (hereinafter collectively referred to as “Data”). This Data is made available to Users, free of charge, for the sole use of Moemia MarketPlace. Users undertake not to modify the Data in any way

Any use of the Data from the Website and Applications not expressly authorized entails a violation of copyright and constitutes an infringement. It can also lead to a violation of image rights, the rights of persons or any other applicable laws and regulations. It can therefore engage the civil and/or criminal liability of its author.

It is prohibited for any User to copy, modify, create a derivative work, reverse design or assembly or, in any other way, attempt to find the source code, sell, assign, sublicense or transfer in any way or any right relating to the Data.

Any Moemia MarketPlace User undertakes to comply with the following obligations:

As a seller to know that he is responsible for the quality and conformity of the project

To recognize that the platform deducts 15% on each sale

A buyer pays for the order as soon as he has chosen the product and found the carrier;

A limit of three days to deliver perishable products and up to seven days for other products

The platform offers a product visibility service on the platform,

A product referencing service for promotional periods

A service of free and paid online courses on digital marketing

A training and coaching service on content creation and video production

A ban on publishing illegal products on the platform, visuals or videos of a pornographic nature

An obligation for the carrier to post important travel documents to justify his trip,

An obligation for the seller to register on the platform by inserting his identity document, his passport, or his incorporation card

Extract, for commercial or non-commercial purposes, all or part of the information or announcements present on the Website and the Application;

Reproduce on any other medium, for commercial or non-commercial purposes, all or part of the information or announcements present on the Website and the Application making it possible to reconstitute all or part of the original files;

Use a robot, in particular an exploration (spider), a search or retrieval application for websites or any other means making it possible to retrieve or index all or part of the content of the Website and the Applications.

Any reproduction, representation, publication, transmission, use, modification or extraction of all or part of the Contents and this in any manner whatsoever, made without the prior written authorization of Moemia Market Place is unlawful. These illicit acts engage the responsibility of its authors and are likely to lead to legal proceedings against them and in particular for counterfeiting.

The Moemia Marketplace brand and logo are registered trademarks. Any total or partial reproduction of the brand and/or logo without the prior written authorization of Moemia MarketPlace is prohibited.

Any extraction and/or reuse of the database(s) is prohibited.

The content of the Ads posted belongs to the Users, however, by posting ads on Moemia MarketPlace, the User gives:

At Moemia MarketPlace the non-exclusive, transferable, licensable right of use, free of charge, for the whole world on (i) all the content of the advertisements and in particular on the photographs, texts, videos, illustrations, brands, logos , titles (below the « Content »), as and when they are published as well as (ii) a license on all the intellectual property rights relating to the Content and in particular on the copyrights on the elements used in its advertisement, such as photographs, texts , videos, drawings, illustrations, sound elements, for the entire legal duration of its intellectual property rights and for the whole world.

- The rights thus granted include the right to reproduce, represent, distribute, adapt, modify, create a derivative work, translate all or part of the Content by any process, in any form whatsoever and on any medium (digital, printed, etc.). .) known or unknown to date, within the framework of the Moemia MarketPlace service or in connection with the activity of Moemia MarketPlace, and this for commercial or non-commercial purposes and in particular advertising, as well as within the framework of a distribution on the social networks on which Moemia MarketPlace is present and in particular its Facebook, Instagram and Twitter pages.

- The User grants his consent to the resumption of his Ad and the Content of the latter on social networks, in particular Facebook, WhatsApp, Instagram and Twitter. Consequently, the Advertiser certifies having read the general conditions of use of the Facebook, Instagram and Twitter sites and accepting the terms, particularly with regard to the reuse of Content and personal data.

- Under this license, Moemia MarketPlace, without this creating an obligation to act, is entitled to oppose the reproduction and use by unauthorized third parties of the advertisements published on the Website and the Application and their Content.

To other users, the non-exclusive right to access the Content via the Moemia MarketPlace Website and Application and to use and represent the Content as permitted by the Moemia MarketPlace functionalities, worldwide .

7. Deletion of user data

Management of data deletion requests in accordance with the General Data Protection Regulation of 25 May 2018 (GDPR). User data is subject to deletion when the user remains inactive for a specified period of time. We may deny service to anyone and may terminate or suspend your Account (and any related Account) and your access to the Service, in whole or in part, at any time, for any reason, without notice, except as required by law.

7.1. Individual rights

An individual has the right to erasure, also known as the "right to be forgotten". The principle underlying this right is to allow a person to request the erasure or deletion of personal data where there is no compelling reason for it to continue to be processed.

7.2. When does the right to erasure apply?

As set out in UK data protection law, individuals have the right to obtain the erasure of personal data and to prevent its treatment in specific circumstances :

When the personal data is no longer necessary in relation to the purpose for which it was initially originally collected/processed;

When the person withdraws their consent ;

When the person objects to the processing and there is no other legal ground for the processing in question.

When personal data has been unlawfully processed ;

When personal data needs to be erased in order to comply with a legal obligation.

7.3. Request closure of your account and deletion of your personal information

To submit a request to close your Moemia account and delete your personal information:

Review the products and services associated with your account;

If you still want to continue, please contact support;

Once your account is closed, all products and services accessible through your account will no longer be available to you;

A confirmation notification will be sent to the email address associated with your account or by SMS. You will need to respond within 5 days to verify your request.

8. Disclaimer and Disclaimer

Moemia Marketplace assumes no responsibility for damage to the software and computer equipment of Users or third parties during the use of the services offered on the Website and the Application.

The Platform is indeed a simple intermediation platform, and at no time Moemia MarketPlace interferes in the shipments made, the destinations, the schedules. Private (non-professional) Carriers cannot undertake to fulfill the obligations which are those of a parcel shipping organization and the Sender cannot expect the performance of such services. The Carrier must go to the agreed destination, and inform the Recipient of the Good within 48 Hours.

Moemia MarketPlace reserves the right to exclude without notice any Member who in particular disregards these provisions.

It is recalled that Colis GP is a third party to the relationship between the Members and cannot have any obligation in respect of the execution by the latter of their respective obligations in respect of shipments.

Furthermore, Moemia MarketPlace cannot be held liable for any damages or harm suffered by the User in the event of a cut or disconnection on the telecommunications networks, which may lead to the suspension, cancellation or the interruption of the service of the Website or the Applications.

Exemption for conveyance, deterioration of products before ordering, after delivery, that sellers subscribe to an insurance policy

any action by the seller or the buyer concerning an infringement of the law would not impute the responsibility of the platform (fraudulent actions, counterfeits, breach of trust)

9. Personal data

Any processing of personal data hereunder is subject to the provisions of our privacy policy, which forms an integral part of these T&Cs.

10. Cookies

Any processing of personal data hereunder is subject to the provisions of ourprivacy policy, which forms an integral part of these T&Cs.

11. Autonomy of provisions and competent jurisdiction

If any part of these Terms should prove illegal, invalid or unenforceable, for any reason whatsoever, the provisions in question would be deemed unwritten, without calling into question the validity of the other provisions which will continue to apply.

These T&Cs are subject to Togolese law.