1. Acceptance of Terms
Updated on: 05/09/2019
By signing up for services offered by BaloTrade Ltd, BaloTrade LLC or its affiliates, you are agreeing to be bound by the following Terms and Conditions. The services offered by BaloTrade under this Terms and Conditions includes various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person Services, or both. Any such services offered by BaloTrade are referred to in this Terms and Conditions as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms and Conditions. BaloTrade reserves the right to update and change the Terms and Conditions by posting updates and changes to the BaloTrade website. You are advised to check the Terms and Conditions from time to time for any updates or changes that may impact you. You agree to comply with all the above when accessing or using our services.
This document is a legally binding agreement between you as the user(s) of this Site (referred to as “you”, “ your” or “User” hereinafter) and the BaloTrade corporate entities listed below (referred to as “we”, “our” or “ BaloTrade” hereinafter).
If you are domiciled within Africa, you will be entering into a contract with BaloTrade Ltd a company incorporated in Nigeria with company registration number RC 1457510;
If you are domiciled within Europe, you will be entering into a contract with BaloTrade Ltd a company incorporated in the United Kingdom with company registration number 11416248;
If you are domiciled in outside Africa and Europe, you will be entering into a contract with BaloTrade LLC a company incorporated in the State of Delaware, United States of America with registration file number 6812625.
1.2 You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
1.3 BaloTrade may amend any terms at any time by posting the relevant amended and revised Terms on this Site. By remaining on this site, you agree that the amended Terms will apply to you.
1.4 If BaloTrade has posted or provided a translation to another language other than English language of this Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Services on this Site.
1.5 You may be required to enter into a separate agreement, whether online or offline, with BaloTrade or our affiliate for any Service (“ Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.6 These terms may not otherwise be modified except in writing by an authorized officer of BaloTrade.
1.7 A breach or violation of any term in the Terms and Condition, as determined by the sole discretion of BaloTrade will result in an immediate termination of your services.
1.8 Some or part of the Services may be supported and provided by affiliates of BaloTrade. BaloTrade may delegate some of the Services to its affiliates who you agree may invoice you for their part of the Services.
1.9 To access and use the Services, you must register as a user on this Site, by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. BaloTrade may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. Further, BaloTrade reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Service) to paying members or subject to other conditions that may be imposed in our discretion.
1.10 You acknowledge that BaloTrade will use the email address you provide as the primary method for communication.
1.11 Services (or any features within the Service) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. BaloTrade may in our sole discretion limit, deny or create different levels of access to and use of any Service (or any features within the Service) with respect to different Users.
1.12 BaloTrade may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Service) without prior notice except in a case of a “fee-based” Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
2. Account Activation
2.1 Users must register on the Site to access or use some Services (a registered User is also referred to as a “Member”). Except with the approval of BaloTrade, one User may only register one member account on the Site. BaloTrade may cancel or terminate a User’s member account if there is reason to suspect that the User has concurrently registered or controlled two or more member accounts. Further, BaloTrade may reject User’s application for registration for any reason.
2.2 Upon registration on the Site, BaloTrade shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User.
2.3 A set of Member ID and password is unique to a single account. You are responsible for keeping your password secure. BaloTrade cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity.
2.4 You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
2.5 You acknowledge that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple uses"), may cause irreparable harm to BaloTrade or other Users of the Site. You shall indemnify BaloTrade, our affiliates, directors, employees, agents, and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple uses of your account. You also agree that in case of the multiple uses of your account or Member’s failure to maintain the security of your account, BaloTrade shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
3. General Conditions
3.1 Technical support is only provided to paying Account holders and is only available via email.
3.2 This Terms and Conditions shall be governed by and interpreted in accordance with the laws the Federal Republic of Nigeria for users domiciled within Africa and the laws of the State of Delaware, and the laws of the United States of America for users domiciled outside Africa, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the state and federal courts within the applicable jurisdictions with respect to any dispute or claim arising out of or in connection with this Terms and Conditions. The United Nations Convention on Contracts for the International Sale of Goods will only apply to users domiciled outside Africa.
3.3 You may not use the service of BaloTrade for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), and the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of our Services.
3.4 You agree to use this Site and its Services solely for your own private and internal purposes. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use or access to the Service without the express written permission by BaloTrade. The systematic retrieval of Site Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from BaloTrade is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited
3.5 You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use BaloTrade or BaloTrade trademarks and/or variations and misspellings thereof.
3.6 You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
3.7 You are responsible for all activities and contents such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.
3.8 BaloTrade may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' websites. You are cautioned to read such websites' terms and conditions and/or privacy policies before using those Sites. You acknowledge that BaloTrade has no control over such third parties' websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such websites.
3.9 You agree not to undertake any action to undermine the integrity of the computer systems or networks of BaloTrade and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.10 You agree not to undertake any action which may undermine the integrity of BaloTrade’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
3.11 By posting or displaying any information, content or products (“User Content”) on this Site or providing any User Content to BaloTrade or our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to BaloTrade to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of this Site, the provision of any Services and/or the business of the User. You confirm and warrant to BaloTrade that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws
3.13 This Terms and Conditions will be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms and Conditions and BaloTrade Terms and Conditions available in another language, the most current English version of the Terms and Conditions will prevail.
3.14 Questions about the Terms and Conditions should be sent to [email protected]
4. BaloTrade’s Rights
4.1 We reserve the right to modify or terminate the Service for any reason, without notice at any time
4.2 We reserve the right to refuse service to anyone for any reason at any time.
4.3 We may, but have no obligation to, remove products and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the products uploaded or posted by a supplier, violate our Policies or this Terms and Conditions.
4.4 Verbal or written abuse of any kind (including threats of abuse or retribution) of any BaloTrade customer, BaloTrade employee, member, or officer will result in immediate Account termination.
4.5 BaloTrade does not pre-screen Products and it is in our sole discretion to refuse or remove any Product from the Service.
4.6 We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that BaloTrade’s employees and contractors may also be BaloTrade’s customers/suppliers and that they may compete with you, although they may not use your confidential information in doing so.
4.7 In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, etc.
4.8 BaloTrade retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, BaloTrade reserves the right to temporarily disable an Account until a resolution has been determined between the disputing parties.
5.1 You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents, shareholders) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Terms and Conditions, your improper use of our Services or your breach of any law or the rights of a third party.
5.2 You hereby agree to indemnify and save BaloTrade, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of this Site or Services (including but not limited to the display of such User's information on the Site) or from your breach of any of these Terms.
5.3 You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Terms and Conditions, your improper use of our Services or your breach of any law or the rights of a third party.
5.4 You hereby agree to indemnify and save BaloTrade, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to BaloTrade, including but not limited to those set forth in this Terms and Conditions.
5.5 You hereby agree to indemnify and save BaloTrade, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights, claimants or other third parties relating to products offered or displayed on the Site.
5.6 You hereby agree that BaloTrade is not responsible and shall have no liability to you, for any product posted by others, including defamatory, offensive or illicit products and that the risk of damages from such products rests entirely with each User. BaloTrade reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with BaloTrade in asserting any available defenses.
6. Limited Liability
6.1 We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Update and other notification functionality in our applications may not occur in real-time. Such functionality may be subject to delays beyond our control.
6.2 You expressly understand and agree that BaloTrade shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
6.3 BaloTrade does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
6.4 You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the maximum extent permitted by the applicable law, we exclude all express or implied warranties, Terms and Conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.5 To the maximum extent permitted by law, BaloTrade makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the site; BaloTrade does not represent or warrant that the manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the site does not violate any third party rights; and BaloTrade makes no representations or warranties of any kind concerning any product or service offered or displayed on this site
6.6 In no event shall BaloTrade be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this Terms and Conditions (however arising including negligence). You agree to indemnify and hold us and (as applicable) subsidiaries, affiliates, BaloTrade partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Terms and Conditions or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
6.7 To the extent permitted by the applicable laws, we (including subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
a) the content you provide (directly or indirectly) using the Services;
b) your use of or your inability to use our Services;
c) statements or conduct of any User of the Site;
d) delays or disruptions in our Services;
e) viruses or other malicious software obtained by accessing or linking to our Services;
f) glitches, bugs, errors, or inaccuracies of any kind in our Services;
g) unauthorized access by third parties to data or private information of any User;
h) damage to your hardware device from the use of any of our Services;
i) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
j) the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
k) violation of Third Party Rights or claims or demands that Supplier’s manufacture, import, export, distribute, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
l) any matters relating to Services however arising, including negligence;
m) a suspension or other action taken with respect to your account or breach of this Terms and Conditions; or
n) Your need, to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Terms and Conditions or our policies.
6.8 BaloTrade cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information, which they provide to us or post on our site
6.9 This Site may make available to Users services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall BaloTrade and our affiliates be held liable for any such services or products.
6.10 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not BaloTrade has been advised of or should have been aware of the possibility of any such losses arising.
7. Termination and Suspension
7.1 This Terms and Conditions shall commence on the date that you register an Account with BaloTrade and will continue for an indefinite period unless terminated in accordance with the provisions in this Terms and Conditions.
7.2 You may terminate the contractual relationship at any time by giving at least thirty (30) days’ notice by contacting BaloTrade Customer Service via e-mail at [email protected]
7.3 We may terminate the contractual relationship at any time by giving at least thirty (30) days’ notice via e-mail to your registered email.
7.4 Any outstanding transactions still in progress when termination becomes effective needs to be completed within such notice period.
7.5 We may cancel a member’s account that has been unconfirmed or inactive for a long time.
7.6 We reserve the right to refuse or terminate all or part of our Services for any reason at any time with immediate effect at our sole discretion.
7.7 We reserve the right to limit, suspend or terminate your Account entirely or partially for certain Users with immediate effect and without notice if you:
a) Circumvent or attempt to circumvent the fee payments to us,
b) We have been notified by a third party that you might have circumvented or attempted to circumvent the fees payments to us,
c) Participate in fraud or a fraud attempt,
d) Fail to pay a purchased item or fail to deliver a sold item,
f) Breach any of the policies incorporated into this Terms and Conditions.
The suspension or termination for breach will take immediate effect, at which point no further transactions may be completed.
8.1 The fees (including any applicable taxes such as value-added taxes) we charge for using our Services are listed on the membership plan. To the extent permitted by the applicable laws, any fees will be billed and charged to you in USD.
8.2 We may change our fees, or introduce new fees from time to time. The change will be notified to you with at least 30 days prior notice by publishing a change notice on our website.
8.3 In case of a price increase, you are entitled to close your account during the notice period free of charge. However, you will remain responsible for all fees incurred until your account is closed.
8.4 Bills including any fees and related taxes (such as value-added taxes) payable for your Account in connection with the use of our Services will be sent to the email address you have provided for billing purposes upon registration and show your registered address. You are responsible for updating any billing information timely in case of changes to such.
8.5 We will invoice you automatically on a monthly basis by issuing invoices by email.
8.6 You must not circumvent the billing and payment of fees. We reserve the right to charge you appropriate fees for any confirmed transaction(s) that have been initiated through our Services and brought to closure off our Services, and for any misrepresentation of item price as soon as we become aware of such behavior (“Circumvention”). If we suspect such act or attempt of Circumvention has been made by a particular User we may at our own discretion terminate or suspend your account according to the section “Termination and Suspension” above or send out warning notices to other Users and to the involved Accounts. Notwithstanding the aforementioned, we have no obligation to issue such a warning.
8.7 We may charge you an additional fee for certain extra services, such as quotations request and placing advertisement banners.
9. Free Users
9.2 Free Membership commences upon registration and shall continue until Member gives the notice to cancel membership via email to [email protected]
9.3 The Service will be offered free-of-charge for an unspecified time period unless terminated in accordance with the terms of this Agreement.
9.4 The Service has the following restrictions:
a) Low priority ranking of products;
b) Limited product posting;
c) Limited number of products a user can mark as a premium;
d) Limited number of product showcase;
e) Not entitled to display a BaloTrade Gold icon on profile.
9.5 You can benefit from some of these services at an extra charge. See membership Plan.
10. Transaction Between Buyer and Supplier
10.1 Through this Site, BaloTrade provides electronic web-based platforms for exchanging information between buyers and suppliers of products and services. BaloTrade does not represent either the supplier or the buyer in specific transactions. BaloTrade does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the supplier to complete a sale or the ability of buyers to complete a purchase.
10.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. BaloTrade uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Site. However, because user verification on the Internet is difficult, BaloTrade cannot and does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
10.3 Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Site or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks of manufacturing, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on this Site may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of this Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that BaloTrade shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
10.4 Users are solely responsible for all of the Terms and Conditions of the transactions conducted on, through or as a result of use of this Site or its Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
10.5 User agrees to provide all information and materials as may be reasonably required by BaloTrade in connection with your transactions conducted on, through or as a result of the use of this Site or Services. BaloTrade has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
10.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify BaloTrade (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
10.7 BaloTrade does not have possession of any items listed or sold through its Services and is not involved in the actual transaction between buyers and suppliers. The sales or services contract is concluded solely and directly between the buyer and supplier.
10.8 BaloTrade is not responsible for any violations of law by buyers or suppliers. Buyers and suppliers are solely responsible for observing legal provisions in connection with transactions in which they are involved (e.g. public procurement rules or provisions regarding export control).
11. Force Majeure
Under no circumstances shall BaloTrade be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor, products or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
12. Product listing
You may not post or sell any item that is restricted or prohibited by a federal, state or local law in any country or jurisdiction. Please be aware that BaloTrade functions as a global marketplace; thus, the selling or posting of items may be prohibited because of laws outside of the jurisdiction where you reside. Below, we have listed some categories of prohibited or restricted items. HOWEVER, THIS LIST IS NOT INTENDED TO BE EXHAUSTIVE; YOU, AS THE SUPPLIER, ARE RESPONSIBLE FOR ENSURING THAT YOU ARE NOT POSTING AN ITEM THAT IS PROHIBITED BY LAW IN ANY JURISDICTION:
12.1 Any and all listing or sale of narcotics, tranquilizers, psychotropic drugs, natural drugs, synthetic drugs, steroids, and other controlled substances;
12.2 The listing or sale of all drug precursor chemicals;
12.3 Drug paraphernalia, including all items that are primarily intended or designed for use in manufacturing, concealing, or using a controlled substance, is strictly forbidden on this Site. Such items include, but are not limited to those items used for the ingestion of illicit substances, including pipes such as water pipes, carburetor pipes, chamber pipes, ice pipes, bongs, etc.;
12.4 The listing or sale of prescription drugs, psychotropic drugs, and narcotics;
12.5 The listing or sale of orally administered or ingested sexual enhancement foods and supplements;
12.6 The listing or sale of prescription veterinary drugs;
12.7 The listing or sale of packaged products which may be utilized to contain controlled substances, products conducive to smuggling, storing, trafficking, transporting and manufacturing illicit drugs.
12.8 The listing or sale of explosives and related ignition and detonation equipment is strictly prohibited. Such activity can result in your account being suspended;
12.9 The listing or sale of Radioactive substances, toxic and poisonous chemicals;
12.10 Any service, instruction, process, or aid for producing any biological, chemical, or nuclear weapons, or other Weapons of Mass Destruction (WMD) or known associated agents is strictly prohibited by international law and accordingly prohibited on this Site. Any violation of this policy will result in the notification of government authorities by BaloTrade and your account being suspended;
12.11 The listing or sale of any arms, munitions, military ordnance, weapons (including explosive weapons), and/or any related parts and components;
12.12 The listing or sale of weapons that can incapacitate or cause serious physical harm to others (e.g. stun guns, batons, crossbows);
12.13 The listing or sale of knives and other cutting instruments is permitted, switchblade knives, gravity knifes, knuckledusters (bladed or not), bladed handheld devices, and disguised knives;
12.14 The listing or sale of official government uniforms, law enforcement badges or official law enforcement equipment Military decorations, medals and awards, Police uniforms, police insignia and police vehicles issued by the government of any country unless they are obsolete and in no way resemble the original;
12.15 The listing or sale of any article of clothing or identification related to transportation industries, including but not limited to, commercial airline pilots, flight attendants, airport service personnel, railway personnel, mass-transit security personnel. Vintage clothing related to commercial airlines or other mass-transit unless they are obsolete and in no way resemble the original;
12.16 The listing or sale of manuals or other products related to commercial transportation, including safety manuals published by commercial airlines and entities operating subways, trains or buses unless they are obsolete and in no way resemble the original;
12.17 The listing or sale of circumvention devices and other equipment used for illicit purposes;
12.18 The listing or sale of collections, artifacts, and precious metals;
12.19 The listing or sale of human parts, human remains, and protected flora and fauna;
12.20 The listing or sale of offensive products and information detrimental to national security;
12.21 The listing or sale of Tobacco products, electronic cigarettes, and accessories;
12.22 The listing or sale of equipment specifically used for gambling;
12.23 The listing or sale of sanctioned and prohibited items;
12.24 Items containing the likeness, image, name, or signature of another person are prohibited, unless the products were made or authorized by the person whose likeness, image, name or signature has been used;
12.25 The listing or sale of replica and counterfeit items;
12.26 The listing or sale of academic Software and OEM Software;
12.27 The listing or sale of items that encourage illegal activities (e.g. lock pick tools, synthetic urine for cheating drug tests);
12.28 Items that are racially, religiously or ethnically derogatory, or that promote hatred, violence, racial or religious intolerance;
12.29 Giveaways, lotteries, raffles, or contests;
12.30 Stocks, bonds, investment interests, and other securities;
12.31 Pornographic products or items that are sexual in nature;
12.32 Items that do not offer a physical product or service for sales, such as digital currencies and advertisements solely for the purpose of collecting user information.
NOTICE: THIS LIST SHOULD NOT BE CONSIDERED EXHAUSTIVE IN NATURE AND SHALL BE UPDATED ON A CONTINUOUS BASIS. IF YOU ARE UNSURE ABOUT THE PRODUCT YOU WISH TO LIST WITH THE SITE IN REGARD TO ITS APPROPRIATENESS OR LEGALITY, PLEASE CONTACT OUR CUSTOMER SERVICES DEPARTMENT [email protected]
13. Intellectual Property Rights
13.1 We do not claim any intellectual property rights over the Products you provide to this Site. All Products you upload remains yours. You can at any time leave BaloTrade by deleting your Account.
13.2 By uploading Products, you agree: (a) to allow other internet users to view the Products you post publicly; (b) to allow BaloTrade to store, and in the case of Products you post publicly, display, your products; and (c) that BaloTrade can, at any time, review all the products submitted to its Service, although BaloTrade is not obligated to do so.
13.3 You retain ownership over all products that you upload on this Site. However, by making your store public, you agree to allow others to view products that you post publicly to your store. You are responsible for compliance of the products with any applicable laws or regulations.
13.4 We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any products, materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
13.5 BaloTrade is the sole owner or lawful licensee of all the rights and interests in this Site and the Site Content. The Site and its Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership, and intellectual property rights in the Site and Site Content shall remain with BaloTrade, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by BaloTrade are hereby reserved.
13.6 “BaloTrade”, “BaloTrade LLC”, “BaloTrade Ltd.” and related icons and logos are registered trademarks or service marks of BaloTrade in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
13.7 BaloTrade may have independent third parties involved in the provision of the Services (e.g., the authentication and verification of service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
14. Refund and Return Policy
14.1 If the supplier does not ship your goods please contact them directly.
14.2 If the supplier is not responsive, BaloTrade has a dispute resolution scheme to resolve disputes.
14.3 Returns and refund policies are subject to the terms and conditions of the Supplier.
14.4 BaloTrade does not provide for refunds or rebates to membership subscriptions.
15. DMCA Notice
BaloTrade supports the protection of intellectual property and asks BaloTrade supplier to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our suppliers is infringing their intellectual property rights, they can send a DMCA Notice to BaloTrade’s designated agent using our “Contact us” form or email our customer service department at [email protected] Upon receiving a DMCA Notice, we may remove or disable access to the products claimed to be copyright infringement. Once provided with a notice of takedown, the supplier can reply with a counter-notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter-notification to seek a court order restraining the supplier from engaging in the infringing activity, otherwise, we restore the product.
16. Applicable laws
16.1 The contractual relationship between you and us including this Terms and Conditions shall be governed exclusively by the laws of the Federal Republic of Nigeria, if you are domiciled within Africa, United Kingdom, if you are domiciled in Europe and the State of Delaware USA if you are domiciled outside Africa and Europe.
16.2 The exclusive place of jurisdiction for all disputes arising in connection with this Terms and Conditions shall be Nigeria if your registered office is within Africa, United Kingdom if your registered office is in Europe and if your registered office is outside Africa or Europe, the exclusive venue for all disputes brought under or pursuant to this agreement shall be the State and Federal Courts located in Delaware, USA.
16.3 If you have a dispute with one or more users that you are connected to via BaloTrade you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
17. Final Provisions
17.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and BaloTrade with respect to and govern your use of this Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
17.2 BaloTrade and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
17.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and enforced.
17.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
17.5 BaloTrade’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of BaloTrade’s right to act with respect to subsequent or similar breaches. BaloTrade shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of BaloTrade). You may not assign, in whole or part, the Terms to any person or entity.