Contents
1. Introduction
2. Registration and account
3. Terms and conditions of sale
4. Returns and refunds
5. Payments
6. Rules about your content
7. Our rights to use your content
8. Use of website and mobile applications
9. Copyright and trademarks
12. Martreza’s role as a marketplace
13. Limitations and exclusions of liability
14. Indemnification
17. Hierarchy
22. Law and jurisdiction
1. Introduction
1.1. Martreza is an e-commerce platform consisting of a website and two mobile applications to support the sell and purchase of items and provide a wholesome service that incorporates logistics and payment integration for the sale and purchase of consumer products in Ethiopia (“Addis Ababa”).
1.2. These general terms and conditions shall apply to buyers and sellers using the Martreza marketplace and shall govern the use of the marketplace and related services.
1.3. By using the Martreza marketplace, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use the marketplace.
1.4. If you use the Martreza marketplace in the course of a business or other organizational project, then by doing so you:
1.4.1. Confirm that you have obtained the necessary authority to agree to these general terms and conditions;
1.4.2. Bind both yourself and the person, shop, digital Market, company or other legal entity that operates the business or organizational project, to these general terms and conditions; and
1.4.3. Agree that "you" in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context refers otherwise.
2. Registration and Account
2.1. You may not register with our marketplace if you are under 18 years of age (by using the marketplace or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age).
2.2. You may register for an account with our marketplace by completing and submitting the registration form on the Martreza website or mobile applications.
2.3. You represent and warrant that all information provided on the registration form is complete and accurate.
2.4. If you register for an account, you will be asked to provide an email address/user ID, phone number and password and you agree to:
2.4.1. Keep your password confidential;
2.4.2. Notify the company immediately (using the contact details provided on the platform) if you become aware of any disclosure of your password; and
2.4.3. Take responsibility for any activity on the marketplace arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
2.5. Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf it shall be at your own risk.
2.6. We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.
2.7. You may delete or remove your account from the marketplace at any moment.
3. Terms and conditions of sale
3.1. You acknowledge and agree that:
3.1.1. The marketplace provides an online location for vendors to sell and buyers to purchase products;
3.1.2. We shall accept binding sales, on behalf of sellers, and Martreza will be the party to handle the transaction and product delivery between the seller and the buyer; and
3.1.3. A contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly you commit to buying or selling the relevant product or products, upon the buyer’s confirmation of purchase via the marketplace.
3.2. Subject to these general terms and conditions, the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller. Not withstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:
3.2.1. The price for a product will be set by the seller and will bestated in the relevant products listing;
3.2.2. The price for the product must include all taxes and comply with applicable laws in force;
3.2.3. Limited Delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will be payable by Martreza if this is expressly and clearly stated in the product listing;
3.2.4. Products up for sale must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to the product listing and any other description of the products supplied or made available by the seller to the buyer; and
3.2.5. The seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third-party rights or restrictions including in respect of third-party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.
4. Returns and refunds
4.1. Returns of products by buyers and acceptance of returned products by sellers shall be managed by Martreza in accordance with the Return & Refund page on the marketplace. This policy will be amended from time to time and it is the users responsibility to read and adhere to the lawas stated in the policy. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of the country.
4.2. Refunds in respect of returned products shall be managed in accordance with the Returns & Refunds page on the marketplace. The marketplace rules on refunds shall be exercised as stated in the policy in our discretion, subject to applicable laws of the country. We will offer refunds, in our discretion:
4.2.1. In respect to the products price and size there may be a small fee deducted;
4.2.2. The product must be in it’s original packaging and the Tags must still be attached
4.2.3. The item must not be damaged or used in any way or we reserve the right to reject the return request
4.2.4. If the vendor refuses to accept the returned product after the product has been received by the company we will find ways to settle the discourse without causing any grievances to the buyer.
4.2.5. The customer has 24-48 hours to review the product and request a return according to the items return policy. We will not accept any return requests after the return period expires.
4.2.6. Vendors have the obligation to accept returns as long as it meets the standards set by the marketplace.
4.2.7. Money refunds may take 2-5 days depending on circumstances and buyers have the choice to get the money by way of store gifts, other substitute products, mobile money transfer, bank transfers or such other method as we may determine from time to time.
4.2.8. We have full authority to reject a return request for undisclosed reasons.
4.3. Returned products shall be accepted and refunds will be issued by Martreza, for and on behalf of the seller.
4.4. Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on the website.
5.1. You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines of the marketplace.
5.2. Purchasing payments will first be made to Martreza and then transferred to the seller after the return period expires.
5.3. Commission fees and Referral payments will be automatically added to the original price set by the seller and the fee will be deducted before the payment is transferred to the seller.
6. Rules about your content
6.1. In these general terms and conditions, "your content" means:
6.1.1. All works and materials (including but not limited to text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to the platform or the company for storage or publication, processing by, or onward transmission; and
6.1.2. All communications on the marketplace, including product reviews, feedback and comments.
6.2. Your content, and the use of your content shall be in accordance with these general terms and conditions, must be accurate, complete and truthful.
6.3. Your content must be appropriate, civil and tasteful, and in accordance with the generally accepted standards of social norms and behavior of the Ethiopian people, and must not:
6.3.1. Be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
6.3.2. Depict violence in an explicit, graphic or gratuitous manner
6.3.3. Be blasphemous, in breach of racial or religious hatred or discrimination legislation;
6.3.4. Be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
6.3.5. Cause annoyance, inconvenience or needless anxiety to any person;
6.3.6. Constitute spam or misleading contents
6.4. Your content must not be illegal or unlawful, infringe any person's legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:
6.4.1. Any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
6.4.2. Any right of confidence, right of privacy or right under data protection legislation;
6.4.3. Any contractual obligation owed to any person; or
6.4.4. Any court orders
6.5. You must not use the marketplace to link to any website or web page consisting of or containing material that would, breach the provisions of these general terms and conditions.
6.6. You must not upload or link to any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
6.7. The review function on the marketplace may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.
6.8. You must not interfere with a transaction by:
(i) Contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or
(ii) Communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item; or
(iii) Contacting another user with the intent to collect any payments on behlaf of the marketplace or the seller.
6.9. We will review your content before it is uploaded on to the Market place and we reserve the right to reject any product or content in our discretion for any reason whatsoever.
6.10. We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.
6.11. If you learn of any unlawful material or activity on our marketplace that breaches these general terms and conditions, you may inform us by contacting us as provided at section 23.
7. Our rights to use your content
7.1. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.
7.2. You grant to us the right to sub-license the rights licensed under section 7.1.
7.3. You grant to us the right to bring an action for infringement of the rights licensed under section 7.1.
7.4. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
7.5. Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of your content.
8. Use of website and mobile applications
8.1. In this section words “marketplace” and "website” shall be used interchangeably to refer to Martreza’s websites and mobile applications.
8.2. You may:
8.2.1. View pages from our website in a web browser;
8.2.2. Download pages from our website for caching in a web browser;
8.2.3. Print pages from our website for your own personal and noncommercial use, providing that such printing is not systematic or excessive;
8.2.4. Stream audio and video files from the website using the media player on your website; and
8.2.5. Use the marketplace services by means of a web browser, subject to the other provisions of these general terms and conditions.
8.3. Except as expressly permitted by section 8.2 or the other provisions of these general terms and conditions, you must not download any material from the website or save any such material to your browser or mobile devices.
8.4. You may only use the website for your own personal and business purposes in respect of selling or purchasing products on the marketplace.
8.5. Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material from the website.
8.6. Unless you own or control the relevant rights in the material, you must not:
8.6.1. Republish material from the website (including republication on another website); unless you’re an Affiliate
8.6.2. Sell, rent or sub-license material from the website without the authorization of the creator;
8.6.3. Exploit material from the website for a commercial purpose; unless you’re an Affiliate or
8.6.4. Redistribute material from the website; unless you’re an Affiliate
8.7. Not withstanding section 8.6, you may forward links to products on the website and redistribute newsletter and promotional materials in print and electronic form to any person.
8.8. We reserve the right to suspend or restrict access to the website, to areas of the website and/or to functionality of the website. We may, for example, suspend access to the website during server maintenance or when updating the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures set on the website.
8.9. You must not:
8.9.1. Use the website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
8.9.2. Use the website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
8.9.3. Hack or otherwise tamper with the website;
8.9.4. Probe, scan or test the vulnerability of the website without our written permission;
8.9.5. Circumvent any authentication or security systems or processes on or relating to the website;
8.9.6. Use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
8.9.7. Impose an unreasonably large load on the website resources (including bandwidth, storage capacity and processing capacity);
8.9.8. Decrypt or decipher any communications sent by or to the website without our written permission;
8.9.9. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website without our express written consent;
8.9.10. Access or otherwise interact with the website using any robot, spider or other automated means, except for the purpose of search engine indexing;
8.9.11. Violate the directives set out in the robots.txt file for our website;
8.9.12. Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
8.9.13. Do anything that interferes with the normal use of the website.
9. Copyright and trademarks
9.1. Subject to the express provisions of these general terms and conditions:
9.1.1. We together with our licensors, own and control all the copyright and other intellectual property rights in the Martreza platform and the materials and features on our website; and
9.1.2. All the copyright and other intellectual property rights on our website and the material on our website are reserved.
9.2. Martreza’s logos and other registered and unregistered trademarks are trademarks belonging to Martreza; we give no permission for the use of these trademarks, and such use may constitute an infringement of our right.
9.3. The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we can not grant any license to exercise such rights.
10. Data privacy
10.1. Buyers agree to processing of their personal data in accordance with the terms of Martreza’s Privacy and Cookie Notice.
10.2. Martreza shall process all personal data obtained through the marketplace and related services in accordance with the terms of the Privacy and Cookie Notice and Privacy Policy.
10.3. Sellers shall be directly responsible to buyers for any misuse of their personal data and Martreza shall bear no liability to buyers in respect of any misuse by sellers of their personal data.
11. Due diligence and audit rights
11.1. We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.
11.2. You agree to provide to us all such information, documentation and access to your business premises as we may require:
11.2.1. In order to verify your adherence to, and performance of, your obligations under this Agreement;
11.2.2. For the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
11.2.3. As otherwise required by law or applicable regulation.
12.1. You acknowledge that:
12.1.1. We do not confirm the identity of all marketplace users, but we’ll do everything to check their credibility and adherence to the law of the country;
12.1.2. We do not check, audit or monitor all information contained in listings;
12.1.3. We are not party to any contract for the sale or purchase of products advertised on the marketplace;
12.1.4. We are not the agents for any buyer or seller, and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore, we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.
12.2. We do not warrant or represent any of the vendors or the products’ published on our marketplace. We do not guarantee the:
12.2.1. Completeness or accuracy of the information
12.2.2. Material on the marketplace is up to date
12.2.3. That the marketplace will operate without fault
12.2.4. That the marketplace or any service on the marketplace will remain available.
12.2.5. We will not take any responsibility for the products displayed on our platform.
12.3. We reserve the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, at any time in our sole discretion without notice or explanation; and the user will not be entitled to any compensation or other payment upon the discontinuance or alteration of any marketplace services, or if we stop publishing the marketplace.
12.4. We do not guarantee any commercial results concerning the use of the marketplace
12.5. To the maximum extent permitted by applicable law and subject to section 13.1 below, we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our marketplace and the use of our marketplace.
13. Limitations and exclusions of liability
13.1. Nothing in these general terms and conditions will:
13.1.1. Limit any liabilities in any way that is not permitted under applicable law; or
13.1.2. Exclude any liabilities or statutory rights that may not be excluded under applicable law.
13.2. The limitations and exclusions of liability set out in this section 13 and elsewhere in these general terms and conditions:
13.2.1. Are subject to section 13.1; and
13.2.2. Govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions.
13.3. In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.
13.4. Our aggregate liability to you of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the marketplace shall constitute a separate contract for the purpose of this section 13.4.
13.5. Not withstanding section 13.4 above, we will not be liable to you for any loss or damage of any nature, including in respect of:
13.5.1. any losses occasioned by any interruption or dysfunction to the website;
13.5.2. any losses arising out of any event or events beyond our reasonable control;
13.5.3. any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
13.5.4. any loss or corruption of any data, database or software; or
13.5.5. any special, indirect or consequential loss or damage.
13.6. We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the marketplace or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13.7. Our marketplace includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
14.1. You hereby indemnify us, and undertake to keep us indemnified, against:
14.1.1. Any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our marketplace or any breach by you of any provision of these general terms and conditions of the Martreza codes, policies or guidelines; and
14.1.2. Any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our marketplace, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.
15. Breaches of these general terms and conditions
15.1. If we permit the registration of an account on our marketplace, it will remain open indefinitely, subject to these general terms and conditions.
15.2. If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any Martreza codes, policies or guidelines in any way we may:
15.2.1. Temporarily suspend your access to the marketplace;
15.2.2. Permanently prohibit you from accessing the marketplace;
15.2.3. Block computers using your IP address from accessing the marketplace;
15.2.4. Suspend or delete your account on the marketplace; and/or
15.2.5. Commence legal actions against you, whether for breach of contract or otherwise.
15.3. Where we suspend, prohibit or block your access to the marketplace or a part of the marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
15.4 We have full authority to take legal actions against people who are using false (Fake) accounts to access our market place.
16. Entire agreement
16.1. These general terms and conditions and the Martreza codes, policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace.
17. Hierarchy
17.1. Should these general terms and conditions, the seller terms and conditions, and the Martreza codes, policies and guidelines be in conflict, these terms and conditions, the seller terms and conditions and the Martreza codes, policies and guidelines shall prevail in the order here stated.
18. Variation
18.1. We may revise these general terms and conditions, the seller terms and conditions, and the Martreza codes, policies and guidelines from time to time.
18.2. The revised general terms and conditions shall apply from the date of publication on the marketplace.
19.1. 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.
19.2. 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.
20. Assignment
20.1. 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.
20.2. 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.
21. Third party rights
21.1. A contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
21.2. The exercise of the parties' rights under a contract under these general terms and conditions is not subject to the consent of any third party.
22. Law and jurisdiction
22.1. These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.
22.2. Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.
23. Our company details
23.1. The marketplace is owned and operated by B.E.M.T.Z Trading PLC. The corporation is registered in Ethiopia under registration TIN number 0082371370, and our registered office is at Bisrate Gebriel, shimeket commercial center building. You can contact us by using the marketplace contact form or the contact infromation provided on the marketplace.
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