MERCHANT TERMS OF SERVICE

INTRODUCTION

Merchants on 3mandd.com have a unique opportunity to display their products to a large community of retailers and end users and also interact with them. As such, 3mandd.com has ensured that users and merchants have an environment that fosters this relationship. You will be provided with an Ambassador and/or Account manager, who would be responsible for enabling you set up on our platform and promote your business. We would also provide you with a convenient means of payment reconciliation.

ACCEPTANCE

These Merchant Terms of Service is an agreement between the Merchant (“You”) and 3mandd Associates (“We”, “Us”, “Our”). THIS DOCUMENT DESCRIBES THE TERMS OF SERVICE GOVERNING MERCHANTS ON 3mandd.com PLEASE READ THIS DOCUMENT CAREFULLY. WHEN YOU PROCEED WITH THE CREATION OF YOUR ACCOUNT, IT IS REGARDED AS AN ACCEPTANCE OF THESE TERMS OF SERVICE.

REGISTRATION

To use 3mandd.com, you will have to create an account with your business name. After that you would contact us for verification. Once verified, you would be required to supply us with all necessary information including: Name of proprietor(s)/directors, Bank account number for settlement, Business addresses and phone numbers, list of product and prices, and business logo, for the creation of a Merchant account. This information would be collated through our account officer assigned to the Merchant.

INDEPENDENT CONTRACTORS

Both parties are independent contractors for all purposes. We do not endorse, have control or assume liability or legality for or over the quality of products or services that are rendered by you. We do not guarantee any user’s identity and cannot ensure that a buyer or seller would complete a transaction.

We will be fully responsible for the payment of our own income taxes on all remunerations earned by us under this agreement. We are not responsible for remitting or paying your VAT (Value Added Tax).

This Agreement will not be construed to create a partnership, joint venture, or employment relationship between both parties. Neither Party will represent itself to be an employee of the other or enter into any agreement or legally binding commitment or statement on the other’s behalf or in the other’s name without prior notice and/or arrangement.

CHANGE OF INFORMATION

In the event that you wish to change your address, products or prices, you hereby agree to notify us by email about the changes along with a copy of the new price/product list and/or the new address. The change would be regarded to take full effect 30days after we have acknowledged receipt of such notice.

In the case where you change any other information provided to us during registration or in the event of a corporate restructuring, you agree to notify us by email within 14 days of such change. We may be unable to respond to you if you contact us from a telephone number or email account not registered with us.

COMPENSATION

Regarding compensation, you hereby agree to the following:

  • i. You agree to be responsible for the provision of a Van Sales Man assigned to deliver products from your business location to the orders through our website.
  • ii. The Van Sales Man shall be paid by you and you undertake to maintain the vehicle as necessary.
  • iii. You would be paid only after the purchase has been redeemed by the user.
  • iv. You authorise us to provide a credit facility of a two (2) weeks period within which all payments for any supply made through our platform would be remitted to you
  • v. Payment would be made to you after the commission has been deducted from the sales. This commission must have been agreed in advance by both parties.
  • vi. Payment would be aggregated daily and be made at intervals as agreed upon by both parties.
  • vii. You agree that you are not entitled to any interest or other compensation associated with the settlement funds held by us pending settlement and remittance to your Bank Account.
  • viii. You agree that your authorisations will remain valid and be of full effect until your 3mandd account is closed or terminated.
  • ix. We reserve the right to revise our charges, commissions and payment schedules. In the event that we do we will notify you at least 7 days before such change

EQUIPMENT

You shall be responsible for obtaining and maintaining all hardware, software and other equipment needed for access to and use of 3mandd.com and all charges related to it.

However, we reserve the right to LEND Merchants tablet POS’ and related equipment for smooth transfer of funds. These shall be regarded as our properties and are non-transferable. We have the right to recall our POS’ and related equipment after giving an appropriate notice. Also, the POS and related equipment would also be returned at the termination of this contract.

Merchants are liable for any damage or theft of the POS and related equipment and could be charged for a replacement.

REPRESENTATION AND WARRANTIES

You represent and warrant to us that:

  • i. You have full power and authority to enter into, execute, deliver and perform this Agreement;
  • ii. ou are duly organised, authorised and in good standing under the laws of the Federal Republic of Nigeria, or any state, region or country of your organisation; and are duly authorised to do business in all other states, regions, or countries in which your business operates.

ACCOUNT SECURITY

You are entirely responsible for any and all activities that occur under your account. You agree not to share your account password and PIN with any other party. You agree to notify 3mandd.com immediately of any unauthorised use of your account or any other breach of security3mandd.com will not be liable for loss incurred by you as a result of someone else using your password and account, either with or without your knowledge. However, you could be held liable for losses incurred by 3mandd.com or another party due to someone else using your account and password

INTELLECTUAL PROPERTY

Each party shall retain all intellectual property rights, subject only to the rights and licenses specifically granted here. You agree to allow 3mandd.com display your logo, products, prices and contact information to enable buyers make purchases. These prices would be inclusive of the agreed commission due to 3mandd.com. You agree not to infringe on the intellectual property rights of others on 3mandd.com.

PUBLICITY

You hereby grant us the permission to use your name and logo in our marketing materials including, but not limited to; use on our website, customer listings, in interviews and in press releases. Such publicity does not imply an endorsement of your products and/or services.

CONFIDENTIALITY

Both parties agree that in furtherance of the performance of duties under this agreement, either party may communicate to the other (or its representatives) certain confidential and proprietary information, including without limitation; information concerning each party’s services, know how, technology, strategy, techniques, or marketing plans (the “Confidential Information”) all of which are confidential and valuable trade secrets of the disclosing party, and should be treated as such by the receiving party and not be disclosed to any third party except in accordance and in compliance with any extant law. However, this Confidential Information does not include information that is public knowledge.

SECURITY

We have taken great measures to provide adequate security and integrity to your account. However we cannot guarantee that unauthorised third parties will never be able to infiltrate those measures or use such personal information for improper purposes.

You agree to use other procedures and controls provided by us and other measures that are appropriate to your business to reduce the risk of abuse, improper use or fraud.

In the event that you suspect any fraudulent activity by a customer, you agree to notify us immediately and quit the delivery of the service. In addition, where we suspect a security breach on your account, we reserve the right to cancel our service to you and suspend your account pending further investigation and resolution.

NOTIFICATION OF ERRORS

You agree to notify us immediately any error is detected while using our services. We will investigate and fix such errors. Where money is owed you as a result of the error, we will refund the amounts owed to you by paying into your bank account.

Failure to notify us within 14 days of such error would be deemed a waiver of your rights to amounts owed you due to the error.

PRODUCT AND SERVICE QUALITY

It is your responsibility at all times to ensure the quality of your products and services. We would investigate complaints and disputes arising from the quality of your products and services. If it is determined that you have provided a buyer with sub-standard products or services, we reserve the right to charge you for the cost of that product or terminate our agreement after all settlements have been performed.

TERMINATION

Either we or you can terminate this Agreement at any time. We shall have the right to immediately terminate your account in the event of any conduct by you which we, in our sole discretion, consider

  • i. To be unacceptable
  • ii. If we are required to do so by Law;
  • iii. In the event of any breach by you of this Agreement

CHANGES AND UPDATES

We may need to modify, amend or update our Merchant terms of Service as the situation arises. You agree that we reserve the right to make changes to this Merchant Terms of Service at any time by giving notice to users on 3mandd.com.

We therefore advise that you check this page often and if you have any objections to any of the changes to this Merchant Terms of Service you must cease from our site. Using our 3mandd.com after such changes means you agree with them

GOVERNING LAW

This agreement and any operating rules for 3mandd.com constitute the entire agreement of the parties with respect to the subject matter here, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Federal Republic of Nigeria. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.

FORCE MAJEURE

Both Parties agree that there shall attach no liability for any inability to carry out any obligations under this Agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lock outs, war, flood, insurrection and other acts of God PROVIDED however that where an event of force majeure subsists for more than One (1) month the Party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this Agreement.

SEVERABILITY

If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.

CONTACT INCFORMATION

Please contact us for more details with the information below
Telephone no: 08033339130
Email: info@3mandd.com

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