General Terms of Use for the Maliya Platform

I. Account Creation and Management

I.1. Creation and Acceptance

Access to certain features of the Maliya Platform requires the creation of a user account. By registering, you declare and guarantee that you have the full legal capacity to enter into this agreement and that all information provided during registration is truthful, accurate, complete, and current. You undertake to maintain this information up-to-date at all times.

I.2. Account Types

The Platform allows registration under two (2) distinct categories:

  • Client: An entity or individual acting as a purchaser of products and services offered by Merchants.
  • Merchant: An entity or individual acting as a professional seller or service provider via the Platform. Each account type is subject to specific obligations and conditions detailed in these General Terms of Use (GTU).

I.3. Account Security and Responsibility

You are solely responsible for the confidentiality and security of your password, as well as for all activities emanating from your account. Maliya disclaims all liability for losses or damages resulting from the failure to comply with this security obligation. You must immediately notify Maliya at the address specified in Section VII of any confirmed or suspected unauthorized use of your account or any security breach.

II. User Obligations and Conduct

II.1. Legal Compliance and Lawful Use

You agree to use the Platform only in compliance with the laws, regulations, and decrees in force, including, but not limited to, those applicable in the Republic of Cameroon, as well as these General Terms of Use (GTU). Any fraudulent or illegal use of the Platform is strictly prohibited.

II.2. Prohibited Conduct

The User expressly refrains from:

  • Posting, transmitting, or making available any content that is defamatory, obscene, threatening, harassing, illegal, or otherwise objectionable.
  • Engaging in fraudulent schemes, deceptive activities, or any act intended to mislead other Users or Maliya.
  • Violating or infringing upon the intellectual property rights of Maliya or third parties.
  • Attempting to circumvent security measures, interfere with the integrity or performance of the Platform, including through the introduction of viruses, Trojans, or any malicious code.
  • Collecting or harvesting the personal information of other Users without their express and prior consent.

III. Commercial Transactions and Payments

III.1. Specific Obligations of the Merchant

The Merchant assumes full responsibility for the accuracy of their listings, the quality, safety, and regulatory compliance of the goods or services sold. They are responsible for the integral execution of all orders and adherence to announced deadlines. The Merchant undertakes to comply with the specific terms of their subscription plan and Maliya's policies regarding platform fees and financial remittances.

III.2. Specific Obligations of the Client

The Client is bound to honor all purchase transactions initiated via their account, including the payment of prices, service fees, and all applicable taxes. The entirety of the transactions is governed by the terms of sale established by the Merchant concerned.

III.3. Pricing, Taxes, and Currency (NEW)

  • Price Accuracy and Currency: All prices listed on the Maliya Platform are displayed in Central African CFA Franc (XAF) unless otherwise explicitly stated. The prices for products and services are set by the respective Merchant and are subject to change without prior notice.

  • Taxes and Fees: The Client is responsible for the payment of all applicable local, state, federal, or international taxes, duties, and government assessments, including VAT or sales tax, associated with their purchases. Unless explicitly noted in the Merchant's listing, displayed prices are exclusive of taxes and shipping fees, which will be calculated and added during the checkout process.

  • Pricing Errors: In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from the Merchant, Maliya and the Merchant reserve the right to refuse or cancel any orders placed for the product/service listed at the incorrect price, regardless of whether the order has been confirmed and/or your payment method has been charged.

III.4. Payment Processing and Authorization (NEW)

  • Accepted Payment Methods: Payments may be made via the Maliya Wallet (as described in III.5), or through other third-party payment processors or methods accepted by the Platform and the Merchant (e.g., credit/debit cards, bank transfers, or mobile money). Accepted methods are displayed during the checkout process.

  • Payment Authorization: By submitting an order, the Client represents and warrants that they are authorized to use the designated payment method and authorize Maliya, or its appointed payment processor, to charge the total order amount (including price, taxes, and fees) to that payment method.

  • Payment Security. Maliya does not directly store sensitive payment information such as full credit card numbers. All payment transactions are handled securely by PCI-compliant third-party payment processors. The processing of payments is subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to these GTU.

III.5. Order Acceptance and Confirmation (UPDATED & RESTRUCTURED)

  • Order Confirmation: An electronic or other form of order confirmatio sent by Maliya or the Merchant to the Client's email address does not signify the Merchant’s acceptance of the order, nor does it constitute confirmation of the Merchant's offer to sell.

  • Contract of Sale. The contract for the sale of goods or services is deemed fully accepted by the Merchant only upon the physical shipment of the goods, provision of the service, or issuance of an explicit "Order Acceptance" notification. Maliya and the Merchant reserve the right to accept or decline any order at any time after its receipt for any reason.

  • Failed Payments. If a transaction is not successfully completed due to payment failure (e.g., insufficient funds, expired card), the order will be automatically cancelled or suspended until a valid payment method is provided and successfully processed.

III.6. Refunds, Returns, and Cancellations (NEW)

  • Governing Policy: All purchases made on the Platform are subject to the individual Merchant's specific Return and Refund Policy.

  • Client Agreement: The Client acknowledges and agrees that by completing a transaction, they accept the Merchant's specific refund, return, and cancellation terms, which must comply with applicable consumer protection laws in Cameroon.

  • Processing Time: Where a refund is authorized and processed, Maliya and the Merchant are not responsible for the time taken by the Client’s bank or payment provider to credit the funds back to the Client’s account.

III.7. Financial Services (Maliya Wallet)

The payment services and financial functionalities of the Platform, including the Maliya Wallet, are regulated services and are subject to separate General Terms of Use for Financial Services. The use of these services is conditional upon the express acceptance of these supplementary conditions.

IV. Intellectual Property and Content

IV.1. Maliya Content (Reserved Rights)

All content, trademarks, logos, graphics, user interfaces, source codes, and the software constituting the Platform are the exclusive property of Maliya or its licensors and are protected by national and international intellectual property laws. Any unauthorized reproduction, distribution, or use is strictly prohibited.

IV.2. User Content and License

The User retains all ownership rights to the content they post, upload, or submit to the Platform ("User Content"). By submitting User Content, you grant Maliya a worldwide, non-exclusive, royalty-free, transferable, sublicensable, and perpetual license to use, reproduce, distribute, modify, adapt, publicly display, and perform this content in connection with the operation and promotion of the Platform.

V. Exclusions and Limitations of Liability

V.1. Disclaimer of Warranties

The Platform is provided "AS IS" and "AS AVAILABLE" without any express or implied warranty, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Maliya does not warrant that the Platform will be free from interruptions, errors, vulnerabilities, or that it will meet your specific expectations.

V.2. Limitation of Liability

To the maximum extent permitted by applicable law, Maliya shall in no event be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, data, or goodwill, arising out of your use or inability to use the Platform, even if Maliya has been informed of the possibility of such damages.

VI. Modifications to the General Terms of Use

Maliya reserves the exclusive right to modify these GTU at any time. Any modification will become effective upon the publication of the revised version on this page. Your continued use of the Platform after the publication of modifications constitutes your formal and irrevocable acceptance of the new Conditions.

VII. Contact Information

For any questions regarding these General Terms of Use, or to report a violation of intellectual property rights, please contact us at the following address:

Email address: support@maliya.cm