About Ricafrica.com, LLC (“Ricafrica”)
The Ricafrica.com web site (“Ricafrica.com”) located at www.ricafrica.com, is copyrighted work belonging to Ricafrica. Ricafrica provides an online marketplace for a variety of products made in Africa. Items listed for sale on Ricafrica.com are not sold directly by Ricafrica. Rather, Ricafrica.com is a website through which buyers can find, learn about and purchase items from sellers whose products are made in Africa. The actual contract for sale is directly between the seller and buyer.
Ricafrica, has established policies to create positive and uplifting experiences for users and visitors. Ricafrica refers to these policies as our Terms and Conditions. All users and visitors of Ricafrica should familiarize themselves with our Terms and Conditions. Make sure you read, understand, and regularly check our Terms and Conditions as they may change. You will become bound by these provisions once you accept these Terms and Conditions. By clicking “sign in” and entering or otherwise using Ricafrica.com or mobile applications, you agree to and accept these Terms and Conditions. Please read the Terms and Conditions carefully as you are agreeing to be bound by them. If there are any Terms and Conditions on Ricafrica.com website you do not understand, please inquire with us before using the website. You can contact us at firstname.lastname@example.org.
Ricafrica reserves the right to update these Terms and Conditions without prior notice. You agree that Ricafrica may notify you of any updated Terms and Conditions by posting them on our Ricafrica.com, and that your use of Ricafrica.com after the effective date of the updated Terms and Conditions constitutes your agreement to the updated Terms and Conditions. Therefore, you should review these Terms and Conditions and any updated Terms and Conditions before using Ricafrica.com. The updated Terms and Conditions will be effective as of the time of posting, or until such later date as may be specified in the updated Terms and Conditions, and will apply to your use of Ricafrica.com from that point forward. These Terms and Conditions will govern any disputes arising before the effective date of the updated Terms and Conditions.
TOGETHER THESE TERMS AND CONDITIONS AND THE NOTICE OF PRIVACY PRACTICES CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH RICAFRICA. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEB SITE, ANY MEMBERSHIP YOU MAY ESTABLISH ON THE SITE, AND YOUR PURCHASE, LISTING, SALE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEB SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS WEBSITE OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEB SITE, SIGN UP FOR AN ACCOUNT, OR PURCHASE PRODUCTS OR LIST PRODUCTS FOR SALE THROUGH THE WEB SITE.
Ricafrica desires that the website and order fulfillment processes be tested and modified prior to general release, Ricafrica refers to this phase as the Beta Testing Phase (“BTP”). Ricafrica is currently in its BTP. During the BPT, anyone who enters or uses the Ricafrica.com is considered a beta tester and agrees to serve as beta testers for Ricafrica.com. Now, therefore, in consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:
- Ricafrica reserves the right to modify or terminate the Ricafrica.com or your access to Ricafrica.com or your participation in BTP for any reason, without notice, at any time, and without liability to you.
- Ricafrica grants visitors and users a non-exclusive, non-transferable license to use Ricafrica during BTP from the effective date of the Agreement to the official release date of Ricafrica.com, subject to the Term and Conditions below.
- Ricafrica.com visitors and users agree to serve as a “Beta Testers” for Ricafrica.com and in some cases the order fulfillment process, and may notify Ricafrica of all problems and ideas for enhancements which may come to Beta Testers’ attention during the period of this Agreement, and hereby assigns to Ricafrica all right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
- Licensee agrees that Ricafrica is the sole property of Ricafrica.com LLC and includes valuable trade secrets of Ricafrica.com LLC.
- Ricafrica.com is in prerelease condition and is not at the level of performance or compatibility of a final, generally available product offering. Ricafrica.com may not operate correctly and may be substantially modified prior to official launch. Software is provided “AS IS” without warranty of any kind. The entire risk arising out of the use or performance of the website remains with Licensee. In no event shall Ricafrica be liable for any damage whatsoever arising out of the use of or inability to use the website, even if Ricafrica has been advised of the possibility of such damages.
- Beta Testers, upon completion of the BTP, may provide material, statistics, or information that is not deemed confidential to Beta Testers for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by Ricafrica.com. Beta Testers may provide a quote to Ricafrica.com that may be used in a press release.
THE FOLLOWING CONCERNS AUTHORIZED AND PROHIBITED USES OF RICAFRICA.COM SERVICES
You acknowledge and agree that your use of Ricafrica.com is for your personal use and not for advertising or commercial purposes. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Ricafrica.com for any such damages, and will indemnify Ricafrica.com in the event of any claims against Ricafrica.com based on or arising from your violation of the foregoing. Ricafrica reserve the right to revoke your access to any Ricafrica.com Services, products or properties at any time. All information about Sellers is confidential and for your personal use only. If it is determined or suspected by Ricafrica.com in its sole discretion that you are misusing or attempting to misuse or circumvent the Ricafrica.com services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Ricafrica.com reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
In connection with using Ricafrica.com you will not:
- post, list or upload content or items in inappropriate categories or areas on our Ricafrica.com;
- breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- use Ricafrica services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- reference your contact information or ask a buyer or seller for their contact information in the context of buying or selling outside of Ricafrica.com
- use Ricafrica.com to recreate or compete with Ricafrica.com, to solicit or harass Sellers, or for any other purpose not contemplated herein
- manipulate the price of any item or interfere with any other user’s listings;
- post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Ricafrica.com or the interests or property of users;
- use robots, spiders, scripts, scrapers, crawlers, data mining tools, data gathering and extraction tools, or any automated or manual equivalent (e.g., by hand) means to access or copy/collect Ricafrica.com content for any purpose, except with the prior express permission of Ricafrica;
- interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any Ricafrica application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Ricafrica. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Ricafrica or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- commercialize any Ricafrica application or any information or software associated with such application, except with the prior express permission of Ricafrica;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide the Services.
Signing up for an Account:
In order to use certain features of Ricafrica.com (e.g., listing, selling or purchasing products and services (referred to collectively as “Products” herein) from the Web site, you must register for an account with Ricafrica.com (“Ricafrica Account”) and provide certain information about yourself as prompted by the Ricafrica registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Ricafrica.com does not violate any applicable law or regulation or the terms of this Agreement. You may de-activate your Ricafrica Account at any time, for any reason. Deactivating your account does not release you of any outstanding obligations including, but not limited to fulfilling orders and completing transactions. Ricafrica may suspend or terminate your Ricafrica Account.
Managing your Ricafrica Account:
You are responsible for maintaining the confidentiality of your Ricafrica Account login information. You are fully responsible for all activities that are associated with your Ricafrica Account (including but not limited to any purchases, listings, sales, use of the Web site, or correspondence from your account to Ricafrica, Ricafrica visitors, and Ricafrica members). You agree to immediately notify Ricafrica of any unauthorized use or suspected unauthorized use of your Ricafrica Account or any other breach of security. When you provide Ricafrica with such notice, Ricafrica will suspend or otherwise secure your Account to prevent future unauthorized activity. Account holders may not transfer their Ricafrica.com account and user ID to another party without our consent.
Content that you post using our Services is Your Content (“Your Content”). Ricafrica does not make any claim to Your Content. That includes anything you post using our Services such as like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc., are solely your responsibility and Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. By posting Your Content through our Services, you grant Ricafrica a license to use it. Ricafrica does not claim any ownership to Your Content, but we have your permission to use Your Content to operate and grow Ricafrica.com. By posting Your Content, you grant Ricafrica a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Ricafrica, Ricafrica.com, your Ricafrica.com shop, or the Services in general, in any formats and through any channels, including across any Ricafrica.com Services or third-party website or advertising medium. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us at email@example.com. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you do not have to abide by our guidance. Also, while we may help facilitate the resolution of disputes through various programs, Ricafrica.com and Ricafrica have no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
It is prohibited for buyers and sellers to share or request direct contact information prior to completing a sale. They also can’t use information they’ve obtained on Ricafrica.com to contact each other to buy or sell off Ricafrica.com. Sellers who listed an item on Ricafrica.com must pay all fees for the Ricafrica services they’ve used, even if the sale is completed off Ricafrica.com (such as cash on delivery, pay on pickup, or paid by check or money order).
If a seller or buyer asks you to complete a transaction outside of Ricafrica.com, please contact us at firstname.lastname@example.org.
How buying works:
When you purchase a product on Ricafrica.com, you are not buying directly from Ricafrica.com, but from an independent seller. Ricafrica is not a part of the transaction. Each seller on Ricafrica.com has different shop policies, processing times, and shipping methods, which are typically noted in listing descriptions. Sellers must abide by Ricafrica’s Terms and Conditions listed above; however, Ricafrica does not pre-screen sellers and does not guarantee or endorse any items sold on Ricafrica.com or any content posted by sellers. Buyers and visitors to Ricafrica.com can, however, confidentially notify Ricafrica if a seller violates Ricafrica Terms and Conditions.
By making a purchase from a seller on Ricafrica.com, you agree that you:
- Have read the item description and shop policies before making a purchase;
- Have submitted appropriate payment for item(s) purchased; and
- Have provided accurate shipping information to the sellers of each item purchased.
Buyers may not fail to pay for items purchased, unless the seller has materially changed the item’s description after you purchase, a clear typographical error is made, or you cannot contact the seller.
Buyers can cancel a transaction within 24 hours of purchasing the item(s) or before the item(s) have shipped (whichever comes first), even if they already paid for the purchase.
After 24 hours, buyers may request that a seller cancel an order via the Messageboard because, only sellers can cancel transactions 24 hours after the purchase. The seller has 72 hours to approve or decline the request. If the item has already shipped when a buyer requests to cancel a transaction, return policies apply.
Each seller has his/her own return policies, which should be outlined in each listing. Not all sellers accept returns. When an item is returned, to refund the buyer, the seller authorizes Ricafrica to request PayPal to remove the refund amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file.
Ricafrica may allow you to pay for products listed by Sellers, through Ricafrica.com, apps, or services. When a transaction that started out on Ricafrica.com is completed outside of the Ricafrica.com platform, the buyer and seller are no longer covered by Ricafrica.com’s protection programs. As such, contacting another Ricafrica.com buyer or seller to discuss moving a purchase off Ricafrica.com creates a risk of fraud, and is not permitted.
Resolving Problems with Orders:
In the event that a purchase from a seller does not go as expected, buyers must attempt to resolve the issue/s with the seller directly through the message board.
If a buyer reached out to the seller and doesn’t hear back within 72 hours, or if buyers and sellers are unable to resolve the issue together, you can file a case with us by contacting us at email@example.com with the details of the issue. We will try help you resolve the issue, however, YOU HEREBY AGREE TO RELEASE RICAFRICA AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SELLERS.
Exchanges and Returns:
Each seller sets their own policies regarding cancellations, exchanges, and returns. It is the responsibility of buyers to familiarize themselves with a seller’s policies before purchasing an item from them. You can view this information by clicking the Terms and Conditions tab found by the products description on individual products pages.
Refunds issued to non-US credit cards can take up to 30 days to appear. A credit card refund can only be issued to the card used for the original purchase. It’s not possible to have your refund issued directly to a different card. If the original card used for payment is no longer valid and a replacement card has been issued, the refund should appear automatically on your new card. If a replacement card hasn’t been issued, please get in touch with your credit card provider for more information about how to receive your refund.
Import duties and fees
Shipping and handling fees may not include all the costs associated with clearing the package through the United States Customs Border Protection (CBP). Buyers may be required to pay import duties and fees in order to receive packages. How you pay duty depends on how your goods were shipped. If your goods were shipped through the International Postal Service, you will need to pay the mail carrier and/or go to your local post office to pay any duty and processing fees owed when your package arrives at that post office. If your goods were sent by a courier service, that service will either bill you for the duty they paid on your behalf or require payment on delivery. The importer is ultimately responsible for paying any duty owed on an import. Determining duty can be very complicated, and while shipping services will often give an estimate for what the duty rate on an item might be, only CBP can make a final determination about what is owed. You should not be misled into thinking your purchase price includes duty because the seller cannot say with absolute certainty what the duty will be. As a rule, a purchase price that includes shipping and handling does not include duty or any costs associated with clearing the goods through CBP. For more information about Ricafrica Buyers’ responsibility and liabilities visit CBP’s website.
Selling on Ricafrica.com
All sellers should familiarize themselves with Ricafrica policies for selling on Ricafrica.com before listing an item for sale. Make sure you read, understand, and regularly check our policies as they may change. Additionally, make sure you know and understand applicable laws and regulations on the item(s) you list to sell on Ricafrica.com. Sellers must meet Ricafrica’s minimum performance standards. Failure to meet these standards may result in Ricafrica.com charging you additional fees, and/or limiting, restricting, or suspending your seller account. Ricafrica has the authority to restrict who can sell on Ricafrica.com, what can be sold on Ricafrica.com, how things come to be sold on Ricafrica.com, and how things can be sold on Ricafrica.com.
What can be sold on Ricafrica:
Sellers can that produce high quality fashion, art and/or household goods can sell on Ricafrica (with exceptions, see Prohibited Items section). To be eligible to sell items on Ricafrica.com, all sellers must meet the following requirements:
- Each item a seller intends to list for sale on Ricafrica.com has its final assembly or processing take place on the African continent (made in Africa).
- Sellers are conscious, respectful and thoughtful about their treatment of designers, workers, culture, environment, sustainability, raw materials, wildlife, and all other persons and things (tangible and intangible) that are affected by the sourcing and sale of the products they intend to sell on Ricafrica.com.
- Seller can demonstrate that the sale of each item they list on Ricafrica.com economically benefits indigenous Africans, for example through wages or profit sharing.
- Sellers can demonstrate that they plan to operate their relevant business for the foreseeable future. Ricafrica.com is not a platform for one-off or seasonal sales.
Ricafrica prohibits some items from being listed for various reasons, including but not limited to heavy or ambiguous legal regulations on items, inconsistency with our mission and values, or because they may pose a risk. If you list an item on Ricafrica that is prohibited we will take corrective actions, as appropriate, including but not limited to immediately suspending or terminating selling privileges, legal action, including civil and criminal penalties. The following are a list of some of the items and services that are prohibited from being listed on Ricafrica.com:
- Potentially infringing items may be in violation of certain copyrights, trademarks, or other intellectual property rights e.g. replicas, counterfeit items, and unauthorized copies
- Offensive material, which includes items that are racially or ethnically inappropriate
- Items that promote, support, or glorify hatred
- Prohibited services, which include services that are illegal or sexual in nature or that violate our user agreement
- Animal and animal products
- Used beauty products, personal care items, and food and beverage items. The original packaging and all original content/material for these items should be intact, and there should be no visible signs of wear and tear
- Hazardous materials, recalled Items, and weapons
- Pornography, and obscene and mature content
- Firearms, weapons, knives or items that promote, support, or glorify violence
- Counterfeit coins and paper money such as bank notes, bonds, money orders, silver certificates, and gold certificates
- Stocks and securities
- Equipment designed to create counterfeit items
- Cash or cash equivalent instruments, including money orders, traveler’s checks, stored value products like retail or open loop gift cards, or electronic stored-value redemption codes (except for retail gift cards listed by pre-approved sellers)
- Chance listings that promote giveaways, random drawings, raffles, or prizes
- National treasures and human Remains
- Alcohol, tobacco, drugs, drug paraphernalia, medical drugs and pharmaceuticals
- Vehicles and related equipment and devices
- Precious metals, precious stones, or jewels, must comply with United States laws and regulations, 31 C.F.R. Part 1027 and other applicable laws and regulations.
Sellers may not fail to deliver items sold, unless they have a valid reason, as determined by Ricafrica, for example, the buyer fails to comply with the posted terms in the listing or seller cannot contact the buyer.
You agreed to your price on Ricafrica being as low or lower than what you sell to buyers in the United States anywhere else.
Charges and Fees:
During the Beta Test Phase sellers are charged 16% of the total transaction amount for an order or 20% on items sold on consignment. The total transaction amount includes the final price of the item, shipping charges, taxes and other charges that are charged to a buyer. Additionally, sellers are charged at $0.30 listing fee and 2.9% transaction fee for each item sold.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all Ricafrica.com’s services, even if sales terms are finalized or payment is made outside of Ricafrica.com. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Ricafrica.com, you may be liable to pay what would have been the total Ricafrica.com transaction charges applicable to that item (cost of item, cost of shipping and any additional charges that would otherwise have been charged if the item was purchased on Ricafrica.com), even if the item doesn’t sell, you may be charged for utilizing Ricafrica.com as a platform an introduction to a buyer.
All fees that appear on your Ricafrica.com bill are in US Dollars (“USD”). If you list items in a currency other than USD, your item price will be converted to USD solely for purposes of calculating the transaction fee. To avoid incurring foreign exchange charges, Ricafrica.com recommends you list your items in the same currency as your bank account. Buyers will see the items in the currency US dollars. If you decide to list in a currency other than that of your bank account, you will be charged 2.5% over the current market rate to send funds to your bank account.
Comply with Ricafrica.com listing standards for any product sold on Ricafrica.com:
- Only list products that you have in stock or can produce and ship (process) within 30 days. Sellers must note processing times in listings.
- All products must be appropriately and accurately categorized and described.
- Product titles, product descriptions, and bullets must be clearly written and assist the customer in understanding the product.
- To ensure buyers have a clear understanding of shipping charges and delivery times, all sellers must provide clear and accurate information in their listings about where their item is located and the time it takes to process orders.
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
- Pornographic, obscene or offensive content.
- Phone numbers, physical mail addresses, e-mail addresses, or website URLs.
- Availability, price, condition, alternative ordering information (such as links to other websites for placing orders), or alternative shipping offers (such as free shipping).
- Reviews, quotes or testimonials.
- Solicitations for positive customer reviews.
- Advertisements, promotional material, or watermarks on images, photos or videos.
Sellers may not alter the item’s price after a sale for the purpose of avoiding Ricafrica.com transaction fees, misrepresent the item’s location, or use another user’s account without permission.
Sellers are responsible for shipping their sold items to buyers. Even when using a shipping or fulfillment service, sellers are ultimately responsible for making sure that buyers receive the item(s) they purchased.
- Not charge excessive shipping fees.
- Specify your shipping costs and processing times in listings.
- Provide an accurate “ships from” address.
- Ship items promptly after they are sold. Prompt shipping means that you ship each item within 30 days of purchase, unless you specify otherwise in your processing time or agree to a different shipping period with the buyer.
- Comply with all local and international shipping and customs regulations.
- Make sure to ship to the address provided by the buyer.
- Mark the order as shipped when you ship. Sellers may only mark an order as shipped after they have actually shipped it.
- Be prepared to provide valid proof of shipping in the even a buyer opens up a dispute saying they didn’t receive the order. Valid proof of shipping must show that the item actually was shipped and that it was sent to the address provided by the buyer.
As soon an order is placed, Ricafrica will organize, with sellers, to release funds for shipping to the seller’s account. If the seller has a positive balance on the account, Ricafrica.com will transfer the balance to the seller’s PayPal account, unless otherwise agreed. Sellers must complete an order before the funds from the order can be applied to a Seller’s account. Orders are considered complete seven (7) days after an order has been received by the buyer, or up to twenty-one (21) days after the buyer has paid for the item. When a seller’s account is settled and they have a positive balance on the account, Ricafrica.com will transfer the balance to the seller’s PayPal account, unless otherwise agreed. Any fees associated with withdrawing funds from Ricafrica are the responsibility of the seller.
Cancelled and Returned Orders
Sellers are responsible for establishing and posting their terms and conditions for cancelled and returned orders, however, the following policies over-rule a seller’s terms and conditions:
- If a seller is unable to complete a transaction, the seller must notify the buyer and cancel the transaction. If the buyer already submitted payment, the seller must issue a full refund.
- If a buyer does not receive the item they ordered, and the seller cannot provide proof of shipping to the address provided by the buyer, then the seller must issue a full refund to the buyer.
You are solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
When you use any Ricafrica.com, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Ricafrica platforms, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disputes with Ricafrica.com
If you have any problems with us, please let us know. We will do our best to resolve issues you may have. Otherwise, these rules will govern any legal dispute involving our Services:
The Terms are governed by the laws of the State of Illinois, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
You and Ricafrica.com agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis–class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Ricafrica.com are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
Ricafrica is based in Chicago, Illinois, United States, therefore any legal action against Ricafrica.com related to our Services must be filed and take place in Chicago. That includes the seat of any arbitration shall be Chicago.
Disclaimer of Warranty:
THE SITE, IT’S CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER RICAFRICA NOR ANY PERSON ASSOCIATED WITH RICAFRICA MAKES ANY WARRANT OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AVAILABILITY OF ITEMS ON THE WEBSITE OR AVAILABILITY OF THE WEBSITE. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, SUCH AS IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, RICAFRICA EXCLUDES ALL WARRANTIES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE MARKETPLACE OR ANY PRODUCTS OBTAINED THROUGH THE MARKETPLACE. INFORMATION ON THIS WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH RICAFRICA TAKES NO RESPONSIBILITY.
LIMITATION ON LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE (ON BEHALF OF RICAFRICA.COM AND IT”S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS, COLLECTIVELY) DISCLAIM ALL LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE MARKETPLACE, THE PRODUCTS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE MARKETPLACE OR THE PRODUCTS (INCLUDING ANY (I) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) FRAUD, (III) LOSS OF INFORMATION, PROGRAMS OR DATA, (IV) LOSS OF USE, (V) PERSONAL OR PROPERTY DAMAGE, (VI) FINES, FEES, PENALTIES, OR (VII) ANY OTHER LOSSES OR DAMAGES, WHETHER OR NOT RICAFRICA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR USE OF, OR YOUR INABILITY TO MAKE USE OF, THE MARKETPLACE OR THE PRODUCTS). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND WAIVE ALL CLAIMS AGAINST RICAFRICA AND RICAFRICA INDEMNITEES FROM ANY AND ALL LIABILITY FOR CLAIMS, COSTS, AND EXPENSES (INCLUDING LITIGATION COSTS AND LEGAL FEES) OF ANY KIND AND NATURE ARISING FROM OR IN ANY WAY RELATED TO THE MARKETPLACE, THE PRODUCTS, OR THIS AGREEMENT.
RICAFRICA RESERVES THE RIGHT, AT ANY TIME, TO MODIFY, SUSPEND, OR DISCONTINUE ANY WEB SITE OR ANY WEB SITE FEATURE WITH OR WITHOUT NOTICE. YOU AGREE THAT RICAFRICA WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR LOSS DUE TO DISCONTINUANCE OF THE RICAFRICA.COM.