Terms, Conditions and Privacy Policy

Terms and Conditions

Privacy Policy

Installers Terms Of Engagement

TERMS AND CONDITION FOR SMART CITY MALL AFRICA

• INTRODUCTION

SMARTCITY MALL AFRICA LTD, operates an e-commerce platform that consists of mobile application known as ‘”THE MARKETPLACE” which allows the Manufacturers, Distributors and Installers of Smart devices, Power generation devices and Security devices to sell their products and services all on one online platform to customers across Africa. 

The seller terms and conditions including the General terms and conditions shall apply to every seller on our marketplace.

If you as a seller sign up to our marketplace, you have accepted the sellers terms and conditions including the General terms of Smart City Mall Africa policies and guidelines, which may be amended from time to time.

You will be asked to agree on our terms and conditions expressly and our guidelines and policies by clicking on ‘confirm that you have agreed to the terms and conditions’.

• ROLE OF SMART CITY MALL AFRICA  IN MARKET PLACE

• To ensure accessibility, transparency, proper logistics and effective delivery of all products / services sold in the marketplace to clients.

• RULES, REGISTRATION AND ACCOUNT OF VENDORS WITH SMART CITY MALL AFRICA

To register with SMARTCITY marketplace, you have to be aged 18 years and above. Thus, by using SMARTCITY marketplace or agreeing to these General terms and conditions, implies that you are 18 years of age and above.

FOR RESELLERS;

• Only verified staff members can register for their company
• Only products you have on ground should be registered.
• All price and availability status of your products must be updated every two weeks to avoid misinforming prospective clients.
• You must have a verified location by the Government where your goods are kept and can be picked up from.
• You must be ready to supply your listed products within 3 days of order notification.

FOR MANUFACTURER;

• Only verified staff members can register for their company
• Only products you manufacture or have exclusive right to should be registered.
• All prices of your products must be updated every two months in $(USD) to avoid misinforming prospective clients.
• You must have a verified location by the Government in your country and a verified warehouse in Nigeria /any other African nation (which you are in official partnership with) where your goods are kept and can be easily picked up from.
• You must have a valid corporate bank account for collection of payments in Nigeria / any other African nation.
• You must be ready to supply your listed products within 3 days of order notification.

FOR INSTALLERS:

• Installer must show Proficiency before being signed up to SMARTCITY MALL AFRICA MARKETPLACE platform.

• Installers must indicate their location of residence.

• Installers must indicate their availability to travel for the purposes of carrying out installation jobs.

• Installer must be physically and mentally fit

• All traveling expenses will be at the expense of the installer.

   

TERMS AND CONDITIONS OF SALE

You acknowledge and agree that: 

• The Smart City Mall Africa marketplace provides an online location for Merchants to showcase and sell their products and for buyers to purchase desired products; 

• We shall accept binding sales, on behalf of sellers, but Smart City Mall Africa is not a party to the transaction between the seller and the buyer.

• A contract for the sale and purchase of a product or products will come into force between the buyer and merchants, and accordingly you commit to selling the relevant product or products, upon the buyer’s confirmation of purchase via the marketplace.

• The price for a product will be as stated in the relevant product listing by the Merchants.
• After placing your order, the product will be delivered to your location in Nigeria within 3 to 7 days.
• Please note that products sold directly by manufacturers may have a delivery timeframe of 2 to 3 months.

• The price for the product must include all taxes and comply with applicable laws in force from time to time.

• Delivery charges, packaging charges, handling charges, and shipping charges are based on our logistics partners which can be affected due to the state of the economy at any time.

• 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 listing; 

• Products must be of satisfactory quality, fit and safe for any purpose specified in, all listed products in  respects to, the product listing and any other description of the products supplied or made available by the merchants to the buyer; 

• The merchants warrants that it has a good title to, and is the sole legal and beneficial owner of the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, tax investigation or proceedings.
• Upon Successful shipping of properly verified products and payment of insurance, products cannot be returned based on changed preferences of goods.
• Shipping fees for orders above 2 million naira or 2000 dollars will be confirmed after payments of product(s) have been made.

TERMS AND CONDITIONS OF INSTALLATIONS

•  Smart City Mall Africa connects the installer with the third party.

• Smart City Mall Africa will not be liable for any damage(es) caused by the installer to the third party in the cause of installation.
• Smart City Mall Africa will not be held liable for any injury or accident suffered by the installer in the cause of carrying out any installation. 
• Smart City Mall Africa will not be vicariously liable for any acts or omission(s) by the installer to the third party in the cause of installation.
• The installer shall suggest installation places and provide other recommendations depending on the equipment to be installed.
• The installer shall provide customers with operating instructions for the installed equipment
• The installer shall Test the functionality and performance of devices following the system installation.

   

TERMS AND CONDITIONS OF AFFILIATES

• It takes an average of 3 days to process payments.
• Payouts start on the 28th of every month till the 3rd of the next month.
• Payouts are only possible from $100 above on the Payout days.
• We only make payments to verified Bank accounts which must have the same as your Affiliate accounts.

RETURNS AND REFUNDS POLICY OF PRODUCT FROM BUYERS

Returns of products by buyers and acceptance of returned products by sellers shall be managed by SMARTCITY MALL AFRICA LTD in accordance with the returns page on the marketplace, as may be amended from time to time. Acceptance of returns shall be at our discretion, subject to compliance with applicable laws of the territory.,

• All products when bought are given warranty as stated by the Reseller or manufacturer and the sellers are bound to accept the return of their products provided products errors are within their terms of warranty in their booklet/manual.

• The ideal purchase process in the marketplace involves the following steps:- Order , Payment , Logistics , Survey and Installation.

• If any of the above steps are handled by 3rd party outside the platform, the platform has no commitment to accept the product back.

• Our survey determines if our products fit the client’s intended use and provides best scenarios / needs for effective installation.

• Without that survey, the products are put at risk and cannot be guaranteed to fulfill their desired expectations. 

• Products can be returned to the platform if they meet all steps of our ideal process.

• Products can be returned to the manufacturers if the state of the product on return meets their terms of warranty.

• Products can only be returned to be repaired or replaced based on the decision of the manufacturer/ reseller but payment cannot be refunded.
• Product returns or exchanges can only be processed if a complaint is lodged within 7 days of the product’s delivery to you.

PAYMENTS 

You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the marketplace.

ABOUT OUR COMPANY 

The marketplace is operated by SMARTCITY MALL AFRICA LTD. We are a One Hundred (100%) percent Government verified and legally registered company in Nigeria with Company number RC 1904802, and head office located at 2, plot B 91 Jubilation  Road Mpape Uno st. mpape, Abuja. You can contact us by using our marketplace contact or call us on +2349064892424 or Email info@smartcitymall.africa. We started operations in the year 2022 to provide solutions across Africa which entails getting the right devices and equipment at the right prices, from the right people and at the right time, which necessitated the desire to create a trusted home for Africans to get Smart Devices and proper installation without fear or bias.

Why Choose Us? 

  Our Team comprises of a group of formidable board and staff members with vast experience in Manufacturing, Installations, Procurement, Excellent Customer Service and Supply Chain. You can trust us with your business! Smart City Mall Africa Ltd is the market place of smart devices you can trust anywhere around Africa, from Manufacturers, to Resellers to Installers.

LAW AND JURISDICTION

The General Terms and Conditions shall be governed by the laws of the Federal Republic of Nigeria, any issues or disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Federal Republic of Nigeria.

9. FORCE MAJEURE

• The Seller shall not be liable for any default or delay in the performance of its obligations under the purchase agreement to the extent such performance is prevented, hindered or delayed as a consequence of any force majeure; where ‘force majeure’ means a fact or circumstance beyond the Seller’s direct control, including (without limitation) any flood, fire, explosion, lightning, terrorism, transport restrictions, contamination, risk of contamination, disruption of business operations, defects in or damage to means of production, strikes or similar actions, defaults by third parties, government measures and lack of raw materials or stagnation in supplies of raw materials or semi-manufactures.

•  In the event that a force majeure continues for a period of more than four consecutive weeks, either party may terminate the purchase agreement by providing written notice to the other party, such notice to take effect immediately on receipt.

•  If the Seller has partially complied with its obligation when the purchase agreement is terminated under this Article, the Buyer shall pay a proportional share of the agreed price on the basis of the work already performed.

10. CONFIDENTIALITY

Neither party shall disclose the other’s confidential information to any third party without the prior written consent of that other party and shall not use such confidential information other than for the purposes of the purchase agreement. all information shared on the platform of SMARTCITY MALL FOR AFRICA will be used for advertisement or business purposes to promote the platform but will not be used to aid the performance of any Criminal act.

PRIVACY POLICY FOR SMART CITY MALL AFRICA

ABOUT THIS NOTICE

This privacy notice provides information on how SMARTCITY MALL AFRICA collects and processes your personal data when you visit our website or mobile applications. it sets out what we do with your personal data and how we keep it secure and explains the rights that you have in relation to your personal data.

WHO ARE WE?

SMARTCITY MALL AFRICA is an e-commerce platform. Our platform consists of our marketplace, which connects sellers with consumers, which enables the shipment and delivery of packages from sellers to consumers and our payment service, which facilitates transactions among participants active on our platform in selected markets. This website and/or mobile app is operated by Smartcity mall Africa staff, information on our subsidiaries can be found on our websites. Any personal data provided or collected is controlled by the subsidiary that the website and/or mobile app relates to.

This Private Policy describes your rights regarding our collection, storage, sharing, use and protection of your personal information. It applies to the SMART CITY MALL AFRICA website and all database applications, services, tools and physical contact with us regardless of how you access or use them.

If you create username, identification code, password or any other piece of information as part of our access security measures, you must treat such information as confidential, and you must not disclose it to any third party. If in our opinion you failed to comply with any of the provisions of these conditions. If you know or suspect that anyone other than you know your security details, you must promptly notify us immediately.

CONSENT

You accept this privacy policy when you give consent upon access to our platforms, or use our services, content, features, technologies offered on our website, platforms, visit our office for official purposes. This policy governs the use of SMART CITY MALL AFRICA services and intervention projects by our users and stakeholders unless otherwise agreed through written contract. We may amend this Private Policy at any time by posting a revised version on our website, or placing such notice at conspicuous points at our office facilities . The revised version will be effective 7 days after publication..

THE DATA WE COLLECT ABOUT YOU

Personal data means any information that can be used to identify directly or indirectly a specific individual. We collect your personal data in order to provide tailored products and services and in order to analyze and continually improve our products and services.

We may collect, use, store and transfer different kinds of personal data for marketing  and personal data optimization purposes.

You provide us with your personal data when you register your personal details on our website and mobile platforms and transact with the same.

The personal data we collect includes:

1. 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. These types of personal data may include;
2. Contact details such as your name,postal addresses, phone numbers and email addresses.
3. Demographic information such as your birth, age oor age range and gender
4. Online registration information such as your password and other authentication information.
5. Payment information such as your credit card information and billings address
6. Information provided as part of online questionnaires such as response to any customer satisfaction surveys or market research.
7. Competition entries/submissions
8. Information we automatically collect/generate or obtain from third parties:  We automatically collect and store certain types of information regarding your use of the Smartcity mall Africa Marketplace including information about your searches, views, downloads and purchases. In addition, we may receive information about you from third parties including our carriers, payment service provider, merchant/brands, and advertising service provider.

These types of personal data may relate to your device (such as your PC, tablet or other mobile device) your use of our websites and apps (as well as certain third party websites with whom we have partnered) and/or your personal preferences, interests, or geographic location. Examples of these types of information include;

1. Name and age
2. Information about your device, operating system, browser
3. Unique identifiers associated with your device
4. Details of web pages that you have visited etc

Data is collected and stored on our server for those that have accounts with us. Includes names, email address, username, phone number.

For every website visitor, session cookies are created and unique device IDs and tags are also shared with google analytics which we use to get visitors analytics such as number of visitors per time , what content was interacted with and how much time was spent on our websites. All of which are for marketing purposes and to improve the quality of out content and services offerings.

We are also collecting product details i.e product details , images. Pricing from vendors(manufacturers and resellers)

OUR PERSONAL INFORMATION

When you use SMART CITY MALL AFRICA services, we collect information sent to us by your computer, mobile phone or other electronic access device. The automatically collected information includes but not limited to data about the page you access , identifier, device type, geo-location information, computer and connection information, mobile network information, statistics on page views, traffic to and from the sites, referral URL, ad data, standard web Log data, still and moving images. We may also collect information you provide us including but not limited to- information on web form, survey responses, account update information, email, phone number, organization you represent , official position, correspondence with SMART CITY MALL AFRICA support services and telecommunication with SMART CITY MALL AFRCA. We may also collect information about your transactions, enquiries and your activities on our platform or premises.

We strive to provide you with choices regarding the Personal Data that you provide to us. Where required by law, if you wish to have your Personal Data used by Smart City Mall Africa to provide you with a personalized experience/ targeted advertising and content, you can indicate so through the relevant tick-box(es) located on the registration form or by answering the questions presented by Smart City Mall Africa representatives . If you decide that you no longer wish to benefit from this personalization, you can opt-out or adjust your preferences at any time by closing your account .  Once your account is closed, all products and services that you access through your account will no longer be available.

Cookies and other identifiers

A cookie is a small file of letter and numbers that we put on your computer, mobile phone or tablet if you agree. Cookies allow us to distinguish you from other users of our websites and mobile applications, which helps us to provide you with an enhanced browsing experience. For more information about cookies and how we use them.

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 customer
• 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
• Enabling you to access certain products and services offered by our partners and vendors.
• Complying with our legal obligations, including verifying your identity where necessary.
• Detecting fraud.

Legal Basis For The Processing Of Personal Data

We will only process your personal data where we have a legal basis to do so. The legal basis will depend on the purposes for which we have collected and used your personal data. In almost every case the legal basis will be one of the following;

1. Consent : For example , where you have provided your consent to receive certain marketing from us, you can withdraw your consent at any time, by clicking on the “unsubscribe” link bottom of any marketing email we send to you.
2. Our legitimate business interests : where it is necessary for us to understand our customers, we promote our services and operate effectively , provided in each case this is done in a legitimate way which does not unduly affect your privacy and other rights.
3. Performance of a contract with you: This would also apply where we need to take steps prior to entering into a contract with you. For example, where you have purchased a product from us and we need to use your contact details and payment information in other to process your order and send the product to you.
4. Compliance with Law: Where we are subjected to legal obligation and need to use your personal data in other to comply with that obligation.

How we share your personal data.

1. We may need to share your personal data with third parties for the following purposes.
2. Sale of products and services: in other to deliver products and services purchased on our market place from third parties, we may be required to provide your personal data to such third parties.
3. 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 reduction, and providing customer service.
4. Business transfer: as we continue to develop our business, we might sell or buy other businesses or services. In such transaction, customers information may be transferred together with other business assets.
5. 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 applicable laws.

When we share your personal data with third parties we:

1. Require them to agree to use your data in accordance with the terms of this privacy notice, our privacy policy and in accordance with applicable laws. and
2. Only permit them to process your personal data for specified purposes and in accordance with our instructions. We do not allow our third party service providers to use your personal data for their own purposes.

International Transfers

We may transfer your personal data to locations in another country, if this is permissible pursuant to applicable laws in your location. There are inherent risks in such transfers.

In the event of international transfers of your personal data, we shall put in places measures necessary to protect your data and ensure the same level of protection available in the country of data origin. We shall continue to respect your legal rights pursuant to the terms of this privacy notice and applicable laws in your location.

Data Retention

We will take every reasonable step to ensure that your personal data is processed for the minimum period necessary for the purposes set out in this privacy notice. Your personal data may be retained in a form that allows for identification only for as long as :

1. We maintain an ongoing relationship with you. This will enable us to improve your experience with us and to ensure that you receive communications from us.
2. Your personal data is necessary in connection with the purposes set out in this privacy notice and we have a valid legal basis.
3. The duration of any applicable limitation period i.e any period during which a person could bring a legal claim against us.  We will actively review the personal data we hold and delete it securely, or in some cases , when there is no longer a legal, business or consumer need for it to be retained.
4. Data Security

We have put in place security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized 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 rights to access , correct, or erase your personal data, object to or restrict processing of your personal data, right to ask that we transfer your personal data to a third party and unsubscribe from our emails and newsletters.

Where you wish to permanently delete your data from our website and other applications, you can choose the option of closing your account. You can close account by clicking on the link and following the instructions. Once your account is closed, all products and services that you access through your account will no longer be available.

We can refuse to accede to your request where it is unreasonable or where you failed to provide additional information necessary to confirm your identity.

Data Controllers and Contact

If you have any questions or concerns about SMART CITY MALL AFRICA Privacy Notice or looking for more information on how we process your personal data, or wish to exercise your legal rights in respect of your personal data, please contact the Data Privacy Officer by email

We will investigate any complaint about the way we manage Personal Data and ensure that we respond to all substantiated complaints within prescribed timelines. 

SCMA Installers Terms of Engagement

• All Installers must be trained and certified by one or more of our approved training centres or platforms before being verified and sorted into skill levels.
• Smoking and alcohol is not allowed at project sites or client properties
• All installers must be resident in Africa
• Installer must show Proficiency before being signed up to SMARTCITY MALL AFRICA MARKETPLACE platform.
• Installers must indicate their location of residence.
• Installers must indicate their availability to travel for the purposes of carrying out installation jobs.
• Installer must be physically and mentally fit
• All traveling expenses will be at the expense of the installer.
• Smart City Mall Africa will not be liable for any damage(es) caused by the installer to the third party in the cause of installation.
• Smart City Mall Africa will not be held liable for any injury or accident suffered by the installer in the cause of carrying out any installation.
• Smart City Mall Africa will not be vicariously liable for any acts or omission(s) by the installer to the third party in the cause of installation.
• The installer shall suggest installation places and provide other recommendations depending on the equipment to be installed.
• All Installer(s) shall provide customers with operating instructions for the installed equipment till the client is satisfied (only logistics is covered during this period if it goes beyond one day).
• All installer shall test the functionality and performance of devices following the system installation till it is certified by client and site manager as satisfactory (only logistics is covered during this period if it goes beyond one day).
• All Installers must be on their full Health and Safety Kit at all times at every project site else will not be allowed in.
• All project tools and Health, Safety, Emergency kits used during projects will be collected by the site manager upon except when already purchased by the installer from the Project or sales team.
• Products mishandled during projects (which were initially functioning) will be financially deducted from wages of installer(s) involved thereby.
• Installers are paid 40% on starting the projects, 40% on finishing the project and 20% after 7 days of finishing the project (Except otherwise stated by Project Manager which is mostly in the case of projects that are large in Project size or Project Timeline)