Welcome to AJO Autoparts And Hardware and this page is dedicated to our Terms and Conditions.

TERMS AND CONDITIONS (AJO AUTOPARTS)

1. Ajo is a platform which connects buyers and sellers using a website (online marketplace) for the sale and purchasing of auto parts (cars, motors and trucks), their accessories and hardware.
2. These terms and conditions apply to all sellers and buyers on the platform.
3. By using the marketplace, you agree and accept the terms and conditions provided. If you do not agree with the total terms and conditions or any part of it, you must not use the platform.
4. When use the platform it means that you accept the terms and conditions for yourself and any organization you are conducting a business for on this platform. Also, you have the authority from the organization or the individual you represent to do so for them.
5. When you use this platform then you will refer yourself, a third-party individual, legal entity or organization you transact business for to the terms and conditions unless the context requires otherwise.

 ACCOUNT REGISTRATION

1. No under 18 years of age individuals should register on this platform (Accepting the general terms and conditions of this platform or using this platform means that you are 18 years or older.)
2. By registering on our platform, it means that you warrant that every information you provided in the form is complete and accurate.
3. You will be asked for an email, user ID and a password upon registration.
4. Keep your password confidential. In the case you detect that your password has been compromised please report to our email.
5. Please be responsible for any activities from your account on our platform. This is because you will be held responsible for any activity and in case of any losses incurred from your account.
6. You should be the only one using the account because if any third-party person with access to your account does any transaction, he does that at your own risk.
7. You can choose to cancel your account. In any case you want to cancel the account you should contact us either via phone call or email.
8. We may suspend, cancel and or edit your account details at our own discretion without noticing you or without explanation.

 TERMS AND CONDITIONS OF SALE
1. You agree and accept that

The platform is an online place for sellers and buyers;

We shall accept binding sales, on behalf of sellers, but AJO Autoparts is not a party to the transaction between the seller and the buyer;

A contract of sale will come in force when the seller commits to selling on this platform and when the buyer commits to buying on this platform and upon the confirmation from the buyer upon purchase through the platform.

2. Subject to the general terms and conditions the seller’s terms of sale will govern the contract of sale of buying and selling of an item. Also, the following will be incorporated into the buying and selling of an item between the buyer and the seller;

The price of the product should be provided in the product listing and also, any taxes must be included and reviewed by the seller from time to time.

The seller must review and update the price from time to time to avoid any form of inconvenience.

Any form of charges, administrative, insurance costs, packaging charges, handling charges, shipping and others will only be paid by the customer if it is stated clearly in the product pricing.

The seller must be the direct salesman of the product. A third party or middleman will not be allowed to sell products on the platform.

Products undergoing any form of investigation (tax evasion, criminal investigation) will not be allowed to be sold on our platform.

RETURNS AND REFUNDS

Returns and refunds on any product purchased on the AJO Autoparts platform will be have to follow the returns and refunds policy.

PAYMENTS

Payments will be done by the buyer via any of the methods provided by the AJO Autoparts platform. The guidelines will be provided on the platform.

 CONTENTS

• Content means all pictures, videos, files, software that you submit to the platform or to AJO Autoparts for storage or publication, processing, editing and transmission. All communications on the platform i.e. reviews, product descriptions, feedback and comments.

• Your content must be complete and accurate.
• Your content must be appropriate, civil and accepted by the society. Also, it must abide by the accepted standards on the internet.

1. It must not be offensive, sexually explicit, portraying sexually explicit, suggestive, lewd, obscene, or indecent.
2.  Must not depict blasphemous behaviour or be in breach of racial or religious hatred or depicting discrimination.
3.  Must not depict violence in any form.
4.  Must not constitute spam.
5.  Must not be deceptive, fraudulent, threatening, abusive, antisocial, menacing, hateful, discriminatory, or inflammatory.
6.  Must not cause annoyance, inconvenience or needless anxiety.

• You must use any content link to a page on any other website apart from a page on the AJO Autoparts platform.
• You must not submit any content that has been under any form of legal proceedings or under a similar situation.
• Your content must not be illegal or unlawful, it must not infringe on any form of rights (e.g., Copyrights, moral right, database right, trademark right, design right, right in passing of and other intellectual property rights)

1.  Must not breach any court order
2.  Must not breach any right of confidence, right of privacy or right under data protection legislation.

• The reviews on the platform are used to help buyers and gives buyers information to the products they are interested in. Sellers must not in any way submit fake or false reviews on the platform. Sellers must not influence in anyway the content of the reviews of a buyer.
• No user, neither a seller nor a buyer should interfere with any transaction on the platform that is;

1.  Do not contact any user of the platform in order to transact or sell an item that is listed on the platform.
2.  Do not contact any user of the platform to warn them against a product they are interested in, warn them against a buyer or a seller.
3.  Do not contact any user with the intention to take any form of payment.

• Users of the platform are responsible for their actions therefore never give out personal details to any other user of the platform. Personal details like account details, credit and debit cards, mobile money pins and any other delicate information. You give this information out at your own doom.
• We will from time-to-time review your contents. If any of your contents should fall against any of the rules, we reserve the right to cancel the content.
• If you find out about any unlawful activity or content that breaches any of the rules listed on our platform, please contact us to take it down.

 OUR RIGHTS TO USE YOUR CONTENT

• You grant us a worldwide, irrevocable, non-exclusive, royalty free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.
• You grant to us the right to sub license the rights licensed.You grant to us the right to bring an action of infringement of the rights.

• You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
• Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of your content.

USE OF WEBSITE

You may:

• view pages from our website in a web browser, download pages from our website for caching in a web browser; print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
• stream audio and video files from our website using the media player on our website; and
• Use our website’s services by means of a web browser, subject to the other provisions of these general terms and conditions.
• Except as expressly permitted by this section or the other provisions of these general terms and conditions, you must not download any material from our website or save any such material to your computer.
• You may only use our website for your own personal and business purposes in respect of selling or purchasing products on the marketplace.
• Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.
• Unless you own or control the relevant rights in the material, you must not: republish material from our website (including republication on another website); sell, rent or sub-license material from our website; show any material from our website in public; exploit material from our website for a commercial purpose; or redistribute material from our website.
• Notwithstanding section 8.6, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.
• We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

You must not:

• Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
•  Use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
•  Hack or otherwise tamper with our website;
•  Probe, scan or test the vulnerability of our website without our permission;
•  Circumvent any authentication or security systems or processes on or relating to our website;
•  use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
•  Impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
•  Decrypt or decipher any communications sent by or to our website without our permission;
•  Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
•  Access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
•  Use our website except by means of our public interfaces;
•  Violate the directives set out in the robots.txt file for our website;
•  Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
•  Do anything that interferes with the normal use of our website.

COPYRIGHT AND TRADEMARKS

1. Subject to the express provisions of these general terms and conditions:
   • we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
   • All the copyright and other intellectual property rights in our website and the material on our website are reserved.
2. AJO Autoparts' logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
3. The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

 DATA PRIVACY

1. Buyers agree to process of their personal data in accordance with the terms of AJO Autoparts' Privacy and Cookie Notice.
2. Ajo shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.
3. The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
4. Sellers shall be directly responsible to buyers for any misuse of their personal data and AJO Autoparts shall bear no liability to buyers in respect of any misuse by sellers of their personal data.

 DUE DILIGENCE AND AUDIT RIGHTS

1. We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.
2. We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.
3. You agree to provide to us all such information, documentation and access to your business premises as we may require:
   • in order to verify your adherence to, and performance of, your obligations under this Agreement;
   • for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
   • As otherwise required by law or applicable regulation.

 AJO AUTOPART’S ROLE AS A MARKETPLACE

1. You acknowledge that:
   • we do not confirm the identity of all marketplace users, check their credit worthiness or bona fides, or otherwise vet them;
   • we do not check, audit or monitor all information contained in listings;
   • we are not party to any contract for the sale or purchase of products advertised on the marketplace;
   • we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers;
   • we are not the agents for any buyer or seller, and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.
2. We do not warrant or represent:
   • the completeness or accuracy of the information published on our marketplace;
   • that the material on the marketplace is up to date;
   • that the marketplace will operate without fault; or
   • That the marketplace or any service on the marketplace will remain available.
3. We reserve the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any marketplace services, or if we stop publishing the marketplace.
4. We do not guarantee any commercial results concerning the use of the marketplace.
5. To the maximum extent permitted by applicable law and subject to the section below, we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our marketplace and the use of our marketplace.

 Limitations and exclusions of liability

1. Nothing in these general terms and conditions will:
   • limit any liabilities in any way that is not permitted under applicable law; or
   • Exclude any liabilities or statutory rights that may not be excluded under applicable law.
2. The limitations and exclusions of liability set out in this section and elsewhere in these general terms and conditions:
   • are subject to section 13.1; and
   • Govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions.
3. In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.
4. Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the marketplace shall constitute a separate contract for the purpose of this section 13.4.
5. Notwithstanding section 13.4 above, we will not be liable to you for any loss or damage of any nature, including in respect of:
   • any losses occasioned by any interruption or dysfunction to the website;
   • any losses arising out of any event or events beyond our reasonable control;
   • any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
   • any loss or corruption of any data, database or software; or
   • Any special, indirect or consequential loss or damage.
6. We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the marketplace or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
7. Our marketplace includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 Indemnification

1. You hereby indemnify us, and undertake to keep us indemnified, against:
   • any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our marketplace or any breach by you of any provision of these general terms and conditions or the Ajo codes, policies or guidelines; and
   • Any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our marketplace, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.
2. We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the marketplace or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
3. Our marketplace includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 Breaches of these general terms and conditions

1. If we permit the registration of an account on our marketplace it will remain open indefinitely, subject to these general terms and conditions.
2. If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any Ajo codes, policies or guidelines in any way we may:
   • temporarily suspend your access to our marketplace;
   • permanently prohibit you from accessing our marketplace;
   • block computers using your IP address from accessing our marketplace;
   • contact any or all of your internet service providers and request that they block your access to our marketplace;
   • suspend or delete your account on our marketplace; and/or
   • Commence legal action against you, whether for breach of contract or otherwise.
3. Where we suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 Entire agreement

1. These general terms and conditions and the Ajo codes, policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace.

 Hierarchy

1. Should these general terms and conditions, the seller terms and conditions, and the Ajo codes, policies and guidelines be in conflict, these terms and conditions, the seller terms and conditions and the Ajo codes, policies and guidelines shall prevail in the order here stated.

 Variation

1. We may revise these general terms and conditions, the seller terms and conditions, and the Ajo codes, policies and guidelines from time to time.
2. The revised general terms and conditions shall apply from the date of publication on the marketplace.

 Severability

1. If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 Assignment

1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.

 Third party rights

1. A contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
2. The exercise of the parties' rights under a contract under these general terms and conditions is not subject to the consent of any third party.

 Law and jurisdiction

1. These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.
2. Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.