Grubstake International Limited - Business Financing

TERMS AND CONDITIONS OF USE

Grubstake International Limited is a company that provides a platform for Wealth Creation, Investment Management, Business Development, Membership-driven Grubstake and Seed Funding Systems, Online and offline Pitch elevation programs, Startup Mentorship and Incubator Programs. Our services are made available to people within and outside Nigeria.

Terms and conditions shall apply to users of any of our platforms or services. By using our platform or service, 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 our platforms or subscribe to any of our services.

All users and or subscribers:

• Agree to having fully understood all our terms and conditions as contained herein.
• Agree that "you" in these terms and conditions shall directly reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.

REGISTRATION AND ACCOUNT

1. You may not register with our platform if you are under 18 years of age (by using our service or platform, you warrant and represent to us that you are at least 18 years of age).
2. You may register for an account with us by completing and submitting the registration form on our platform.
3. You represent and warrant that all information provided in the registration form is complete and accurate.
4. You are not allowed to own and operate more than one account on any of our platforms.
5. We may suspend or cancel your membership indefinitely, and/or edit your account details, at any time in our sole discretion and without notice or explanation.
6. You may cancel your memberships on our platforms or unsubscribe from our services by contacting us. Cancellation of membership is not automatic and may last for a period of time to allow for processing.

DUE DILIGENCE

You agree that:

1. Grubstake International Limited (GIL) is neither crowd-funding nor peer-to-peer donation platform.
2. Grubstakes International Limited provides a platform for members to launch a campaign towards raising seed capital for their business dreams or needs through willful donations from friends and relatives with no hope of them being rewarded in any way.
3. You shall not trick, pressure, manipulate or out-rightly deceive members of the public into donating towards your campaign.
4. Grubstake International Limited is not a party to any form of interaction or activity between you and persons donating to your campaign.
5. You are liable for every information you provide for your seed funding campaign.
6. The company (Grubstake International Limited) also provides a platform where businesses and individuals can showcase and sell their products and services to consumers.
7. You and Gil are jointly responsible for any product or service offered to the general public on our platforms, therefore GIL will ensure a thorough supervision and involvement for any product or services provided.
8. The contract for sale and purchase between the buyer and the seller is govern by relevant laws in Nigeria.
9. The price for a product or service will be as stated in the relevant product or service listing.
10. The price for a product or service must include all taxes and comply with applicable laws in Nigeria from time to time.
11. Delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product or service listing.
12. Products or service must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the description supplied or made available by the seller to the buyer.
13. Features of Partnership will be considered in any relationship with GIL.

RETURNS AND REFUNDS

1. Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with the returns guidelines, as may be amended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of Nigeria.
2. Returned products shall be accepted and refunds issued by Grubstake International Limited, for and on behalf of the seller.
3. 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 our website.

PAYMENTS

All payments on our platforms must be made in compliance with these guidelines :

1. All works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our platform, including product reviews, feedback and comments, must be accurate, complete and truthful.
2. Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet, and must not be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit; depict violence in an explicit, graphic or gratuitous manner; be blasphemous, in breach of racial or religious hatred or discrimination legislation; be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; cause annoyance, inconvenience or needless anxiety to any person; or constitute spam.
3. 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 any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right; any right of confidence, right of privacy or right under data protection legislation; any contractual obligation owed to any person; or any court order
4. You must not use our platform to link to any website or web page consisting of or containing material that would, were it posted on our marketplace, breach the provisions of these general terms and conditions.
5. You must not submit to our platform any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
6. You must not create a seed campaign for a cause that violates any of the above terms and conditions stated on this page.
7. The review function on our platform may be used to facilitate buyer reviews on products/services. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.
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
9. You acknowledge that all users of the marketplace are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.
10. We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.
11. If you learn of any unlawful material or activity on our platform, or any material or activity that breaches these general terms and conditions, you may inform us by contacting us through any of our contact channels provided.
12. You must not receive payment directly from buyers for your products or services displayed on our platforms.

OUR RIGHTS TO USE YOUR CONTENT

1. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content and testimonials across our marketing channels and any existing or future media.
2. 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 in Nigeria.
3. 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.

USE OF WEBSITE

1. You may only use our website for your own personal and business purposes in respect of raising seed capital, selling or purchasing products and or services on the platform.
2. Unless you own or control the relevant rights in the material, you must not: republish material from our website (including republication on another website); sell, rent or sub-license material from our website; show any material from our website in public; exploit material from our website for a commercial purpose; or redistribute material from our website.
3. We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
4. You must not: use our 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; use our 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; hack or otherwise tamper with our website; probe, scan or test the vulnerability of our website without our permission; circumvent any authentication or security systems or processes on or relating to our website; use our 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; impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity); decrypt or decipher any communications sent by or to our website without our permission; conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing; use our website except by means of our public interfaces; use data collected from our website for any direct marketing activity.

1. We own and control all the copyright and other intellectual property rights in our website and the material on our website. The logo and registered trademarks of Grubstake International Limited are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
2. 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 cannot grant any license to exercise such rights.

DATA PRIVACY

1. Buyers and donors agree to processing of their personal data in accordance with our Privacy Policy.
2. Sellers and campaigners shall be directly responsible to buyers and donors for any misuse of their personal data and Grubstake International Limited shall bear no liability to buyers or donors in respect of any misuse by sellers of their personal data.

ANTI-MONEY LAUNDERING

1. We are anti-money laundering compliant and reserve the right to perform due diligence checks on all users of our platforms and services.
2. You agree to provide to us all such information, documentation and access to your business premises as we may require in order to verify your adherence to, and performance of, your obligations under this Agreement for the purpose of disclosures pursuant to a valid order by a court or other regulatory bodies or as otherwise required by law or applicable regulation.
3. You acknowledge that we do not confirm the identity of all marketplace users or otherwise vet them and we do not check, audit or monitor all information contained in listings; we are not party to any contract for the donation, sale or purchase of products advertised on our platforms. We are not involved in any transaction between a buyer and a seller; campaigner and donar, in any way, save that we facilitate a platform and process payments on behalf of sellers and campaigners; and accordingly we will not be liable to any person in relation to the offer or campaign advertised on our platforms; 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 or service and cannot mediate between the parties to any such contract.
4. We do not warrant or represent the completeness or accuracy of the information published on our platform; that the material on the platforms is up to date; that the platforms will operate without fault; or that the platforms or any service will remain available at all times.
5. We reserve the right to discontinue or alter any or all of our platform services, and to stop publishing our platforms, at any time in our sole discretion without notice or explanation.
6. We do not guarantee any commercial results concerning the use of the platforms.

LIMITATIONS AND EXCLUSIONS OF LIABILITY

1. Our aggregate liability to you in respect 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 platforms shall constitute a separate contract for the purpose of this section.
2. We will not be liable to you for any loss or damage of any nature, including in respect of any losses occasioned by any interruption or dysfunction to the website; any losses arising out of any event or events beyond our reasonable control; any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill; any loss or corruption of any data, database or software; or any special, indirect or consequential loss or damage.
3. 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 our platforms or these 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).
4. Our platforms include 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.

INDEMNITY

1. You hereby indemnify us, and undertake to keep us indemnified, against 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 or the Grubstake International Limited codes, policies or guidelines; and 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.

VARIATION

1. We may revise these general terms and conditions, the seller terms and conditions, and the Jumia codes, policies and guidelines from time to time.
2. The revised general terms and conditions shall apply from the date of publication on the marketplace.

SEVERABILITY

1. If a provision of these 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.
2. If any unlawful and/or unenforceable provision of these 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.

LAW AND JURISDICTION

1. These terms and conditions shall be governed by and construed in accordance with the laws of Nigeria.
2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Nigeria.

OUR COMPANY DETAILS

This website is owned and operated by Grubstake International Limited. We are registered in Nigeria by the Corporate Affairs Commission (CAC) and assigned Registry Code RC: 1730001. Our head office is at Newton Park Hotel, No. 8, Cape Town Street, Off IBB Way, Wuse Zone 4, Abuja, Nigeria.

Our Privacy Policy provides information on how Grubstake International Limited collects and processes your personal data when you visit our websites.

THE DATA WE COLLECT

To provide and continually improve our products and services, we may collect, use, store and transfer the following different kinds of personal data about you:

• Information you provide to us: We receive and store the information you provide to us including your identity data, contact data, delivery address and financial data.
• Information on your use of our website and/or mobile applications: We automatically collect and store certain types of information regarding your use of the Jumia marketplace including information about your searches, views, downloads and purchases.
• Information from third parties and publicly available sources: We may receive information about you from third parties including our carriers; payment service providers; merchants/brands; and advertising service providers.

HOW WE USE YOUR PERSONAL DATA

We use your personal data to operate, provide, develop and improve the products and services that we offer, including the following:

• Registering you as a new member or seller.
• Processing and delivering your orders.
• Managing your relationship with us.
• Enabling you to participate in promotions, competitions and surveys.
• Improving our website, applications, products and services
• Recommending/advertising products or services which may be of interest to you.
• Complying with our legal obligations, including verifying your identity where necessary.
• Detecting fraud.

HOW WE SHARE YOUR PERSONAL DATA

We may need to share your personal data with third parties for the following purposes:

• Sale of products and services: In order to deliver your products and services purchased on our marketplace from third parties, we may be required to provide your personal data to such third parties.
• Working with third party service providers: We engage third parties to perform certain functions on our behalf. Examples include fulfilling orders for products or services, delivering packages, analyzing data, providing marketing assistance, processing payments, transmitting content, assessing and managing credit risk, and providing customer service.
• Business transfers: As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, customer information may be transferred together with other business assets.
• Detecting fraud and abuse: We release account and other personal data to other companies and organizations for fraud protection and credit risk reduction, and to comply with the law.

DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

YOUR LEGAL RIGHTS

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. Under certain circumstances, you have rights under data protection laws in relation to your personal data, including the right to access, correct or erase your personal data, object to or restrict processing of your personal data, and unsubscribe from our emails and newsletters.