FOR MERCHANTS, SERVICE PROVIDERS AND SELLERS


Welcome to MCCCI VIRTUAL TRADE PLATFORM hereinafter “the Platform”. These Terms and Conditions of Use describe the terms and conditions applicable to user access and use of the website, mobile site, mobile application and other portals owned, operated, branded or made available by the Malawi Confederation of Chambers of Commerce and Industry (MCCCI) from time to time which relate to the Platform. This document is a legally binding agreement between the advertiser or trader or merchant or seller of produce, products, goods or service provider, individual or corporate entity, (referred to as “User” hereinafter) and the Malawi Confederation of Chambers of Commerce and Industry (referred to as “the Confederation”, hereinafter).


1. APPLICATION AND ACCEPTANCE OF THE TERMS
1.1. User access to and use of the Platform’s features, services, application, mobile site and website in selling, advertising or listing user produce, products, goods and services (referred to as “the Product” hereinafter) is subject to the terms and conditions contained in this document. Listing, selling and advertising of products shall be in line with laws of Malawi guiding any kind of business transactions be it online or offline.
1.2. This document and such other rules and policies of the platform are collectively referred to below as the “Terms and Conditions”. By accessing and using the
Platform, the user agrees to accept and be bound by these Terms and Conditions. Please do not access or use the Platform if you do not accept all of the Terms and
Conditions.
2. PROVISION OF SERVICES
2.1. To offer any kind of products on the Platforms, the user has to be registered as a vendor, merchant, seller or service provider or any such description of registration
category as may be determined by the Confederation on the Platforms. However, products can be listed online on the sellers’ behalf by his appointed agent.
2.2. The User must register as a member on the Platform in order to access and use the features and other services of the platform.
2.3. The Confederation reserves the right, without prior notice, to restrict access to or use of platform to registered Users, or subject to other conditions that the Confederation may impose at is discretion.
3. EXCLUDED PRODUCTS
3.1. The User agrees as a condition that he will comply with all applicable laws of Malawi and regulations when accessing or using the Platform by not listing the following products on the Platforms.
3.1.1. Illegal Drugs and Other Unregulated Medical Products
3.1.1.1. The Confederation vehemently forbids any and all listing or sale of narcotics, tranquilizers, psychotropic drugs, natural drugs, synthetic
drugs, steroids and other controlled substances (including all drugs) prohibited by the laws of the Republic of Malawi.
3.1.1.2. The listing or sale of all drugs substances is hereby prohibited on this
platform.
3.1.1.3. Drug paraphernalia, including all items that are primarily intended or designed for use in manufacturing, concealing, or using a controlled
substance, are strictly forbidden on the Sites. 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.
3.1.1.4. The listing or sale of packaging materials which may be utilized to contain controlled substances, materials conducive to smuggling, storing,
trafficking, transporting and manufacturing illicit drugs, publications and other media providing information related to the production of illicit drugs
is prohibited.
3.1.2. Illicit Firearms, Weapons and Ammunition
3.1.2.1. The Confederation prohibits the listing, selling or advertising of firearms, ammunition and other related weapons that are likely to cause physical
harm and even death, trading of such kind of items is vehemently prohibited on this marketing platform. This also goes beyond to
advertising of places, links or websites where such items can be accessed from.
3.1.2.2. No seller shall be allowed to list or sell any product which is suspicious in nature, whose legality cannot be traced.
3.1.3. Adult and Obscene Content
3.1.3.1. The Confederation shall never allow under any circumstance to list or post items or services that can be deemed obscene in any way, such
products shall never be allowed on any of the Platform.
4. PAYMENT TRANSACTIONS BETWEEN BUYERS AND SELLERS
4.1. The Platform provides user to make transactions using available payment methods such as (Visa and mobile money payments) integrated to the platform from third party
service providers.
4.1.1.1. Commission
4.2. The Confederation shall levy a fee determined from time to time for users to list his products on the platform.
4.3. A commission shall be agreed upon when the Confederation sells a product on user behalf. The commission might always vary according to the nature of the product and calculations. The Commission shall be agreed upon and fixed by the parties before products are listed and sold on the Platform.
5. TERMINATION
5.1. Unless terminated in accordance with the provisions of this Agreement, the Agreement with the User shall endure until the expiry of the Contract Period.
5.2. Either party may terminate this Agreement if:
5.2.1. products have run out of stock on the Platform; or3
5.2.2. where the product has been sold out using other means rather than those signed in this Agreement.
5.3. Contracts shall also be liable to termination when user advertising period has expired.
6. FAILURE OR MALFUNCTION OF EQUIPMENT
6.1. The Confederation shall not be liable for any loss arising from any failure, malfunction, or delay of or in any mobile network, mobile phone, any equipment, the internet or
terminals or any supporting or shared networks resulting from circumstances beyond reasonable control of the Confederation.
6.2. The User shall take all necessary and reasonable steps to remedy the defects observed in his products.
6.3. The Confederation shall not be held liable for any loss arising from defective goods or services provided by the User.
7. PRODUCTS ON OFFER BY THE USER
7.1. All the products placed on offer for sale on the Platform shall be described in a way and manner that is able to guide the consumer to make informed choices.
7.2. All the products shall be properly labelled with all the required information about the
product.
7.3. The products shall contain information regarding manufacturing dates and expiry dates so that only worthwhile products are supplied for sale on the Platform.
7.4. The products being offered for shall uphold and promote consumer rights as enshrined in the laws of Malawi.
8. GENERAL
8.1. This Agreement constitutes the entire agreement between the Parties and supersedes any previous agreement or relationship of whatever nature between the Parties in
respect of the virtual trade platform Services.
8.2. Except where this Agreement provides otherwise, the rights and remedies contained in it are cumulative and not exclusive of any rights or remedies provided by law. Failure or delay by either party at any time to enforce any of the terms and conditions of this Agreement or its rights hereunder shall not constitute a waiver of such rights or of the right to enforce such terms and conditions subsequently at any time.
8.3. If any provision of this Agreement is declared by any judicial or other competent authority or by an arbitrator appointed hereunder to be void, voidable, illegal or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner as achieves the intention of the Parties failing which the offending provisions shall be severed from this Agreement without affecting the remaining provisions of this Agreement which shall continue to remain in full force and effect and binding on the
Parties.
8.4. The masculine or feminine gender may be used interchangeably throughout this Agreement. Wherever one gender is used it shall be construed as meaning the other
and the singular shall be construed as meaning the plural if the facts or context so require.

9. JURISDICTION AND ARBITRATION
9.1. This Agreement is governed by the laws of Malawi.
9.2. Any dispute or disagreement arising between the Parties in relation to this Agreement shall be resolved through arbitration by a single Arbitrator. The Arbitrator shall be
appointed by the Malawi Law Society and mutually agreed upon by the parties. The Arbitrator shall be appointed within a reasonable period of time and in any event the
time shall not go beyond a period of three (3) calendar months’ period from the date on which the dispute arises. The decision of the Arbitrator shall be final and binding on
both parties.

Approved the Council of the Confederation on 8th December 2022.

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