Terms and Conditions of Service
Last Updated: January 26, 2025
1. Preamble and Acceptance
These Terms and Conditions of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "Customer", "Business", "you", or "your") and 1nga Business ("Company", "we", "us", "our", or "1nga Business"), a business-to-business trade commerce platform operating under the laws of South Africa. By accessing, browsing, or otherwise using the 1nga Business platform, including but not limited to the website located at business.1nga.store, mobile applications, application programming interfaces (APIs), and all related services, tools, and functionality (collectively, the "Platform" or "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.
If you do not agree with any part of these Terms, you must immediately discontinue your use of the Platform and may not access or use any services provided therein. Your continued use of the Platform following the posting of any changes to these Terms constitutes your acceptance of such changes. These Terms apply to all users of the Platform, including without limitation, businesses, suppliers, vendors, agents, representatives, and any other persons or entities that access or use the Platform.
2. Definitions and Interpretation
For the purposes of these Terms, the following definitions shall apply:
"Account" means a registered account created by a User on the Platform that enables access to Platform services and functionality.
"Affiliate" means, with respect to any party, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, where "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract, or otherwise.
"Agreement" means these Terms and Conditions of Service, together with any amendments, modifications, or supplements thereto, and any additional terms and conditions that may be applicable to specific services or features of the Platform.
"Business Day" means any day that is not a Saturday, Sunday, or public holiday in South Africa.
"Business User" means a User that is a registered business entity, corporation, partnership, sole proprietorship, or other legal entity engaged in commercial activities, using the Platform for the purpose of purchasing B2B products for resale or business use.
"Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted, that are made available through the Platform.
"Intellectual Property Rights" means all intellectual property rights, including but not limited to copyrights, patents, patent applications, trademarks, service marks, trade names, domain names, trade secrets, know-how, proprietary information, and all other intellectual property rights and forms of protection of a similar nature anywhere in the world.
"Order" means a request placed by a Business User through the Platform to purchase products from a Supplier.
"Platform" means the 1nga Business website, mobile applications, APIs, and all related services, tools, functionality, and infrastructure, whether accessed via the internet, mobile device, or any other means.
"Product" means any goods, merchandise, items, or services offered for sale by Suppliers through the Platform.
"Service" means all services provided by 1nga Business through the Platform, including but not limited to product listings, order processing, payment processing, delivery coordination, customer support, and any other services or features made available from time to time.
"Third-Party Services" means services, products, or content provided by third parties, including but not limited to payment processors, delivery and logistics providers, suppliers, vendors, and other service providers that may be integrated with or accessible through the Platform.
"User" means any individual, business entity, or other legal entity that accesses or uses the Platform, including Business Users and Suppliers.
"User Content" means any Content that a User submits, posts, uploads, publishes, transmits, or otherwise makes available on or through the Platform.
"Supplier" means a vendor, manufacturer, distributor, or other entity that offers Products for sale through the Platform to Business Users.
"You" or "Your" means the individual or entity accessing or using the Platform, or the company or other legal entity on behalf of which such individual is accessing or using the Platform, as applicable.
In these Terms, unless the context otherwise requires: (a) words importing the singular include the plural and vice versa; (b) words importing gender include all genders; (c) references to "including" are to be construed as "including without limitation"; (d) references to sections, clauses, and schedules are to sections, clauses, and schedules of these Terms; (e) headings are for convenience only and do not affect interpretation; and (f) references to any statute, regulation, or other law include all amendments, modifications, re-enactments, and consolidations thereof.
3. Account Registration, Eligibility, and Verification
3.1 Eligibility Requirements
To access and use the Platform, you must meet the following eligibility requirements:
You must be at least eighteen (18) years of age, or if you are accessing the Platform on behalf of a business entity, you must have the legal capacity and authority to bind such business entity to these Terms. You represent and warrant that you have the legal right, authority, and capacity to enter into this Agreement and to be bound by these Terms. If you are accessing the Platform on behalf of a business entity, you represent and warrant that you are an authorized representative of such entity with the power and authority to bind the entity to these Terms, and that such entity agrees to be bound by these Terms.
You must be a legitimate business entity engaged in lawful commercial activities. The Platform is designed exclusively for business-to-business transactions and is not intended for consumer use. You represent and warrant that you are using the Platform for business purposes and not for personal, family, or household purposes.
You must provide accurate, current, and complete information during the registration process and at all times thereafter. You agree to maintain and promptly update your account information to ensure it remains accurate, current, and complete. You acknowledge that providing false, inaccurate, or incomplete information may result in the immediate suspension or termination of your Account and may subject you to legal liability.
You must comply with all applicable laws, regulations, and industry standards in your jurisdiction and in all jurisdictions where you conduct business. You represent and warrant that your use of the Platform will comply with all applicable local, state, national, and international laws, rules, and regulations, including but not limited to laws relating to import and export, customs, taxation, data protection, consumer protection, and anti-corruption.
You must not be located in, or a resident of, any country or territory that is subject to comprehensive economic sanctions or embargoes imposed by the United Nations, the European Union, the United States, South Africa, or any other applicable jurisdiction, or be listed on any sanctions list maintained by such authorities.
3.2 Account Registration Process
To create an Account, you must complete the registration process by providing all required information, including but not limited to: business name, business registration number, tax identification number, business address, contact information, authorized representative details, and any other information requested by 1nga Business. You agree to provide accurate, current, and complete information during registration and to update such information promptly if it changes.
During the registration process, you may be required to verify your identity and business information. This may include providing business registration documents, tax certificates, proof of address, identification documents, banking information, and other documentation as requested by 1nga Business. You agree to cooperate fully with any verification process and to provide all requested documentation in a timely manner.
1nga Business reserves the right, in its sole discretion, to accept or reject any application for registration, to request additional information or documentation, to verify the information provided, and to suspend or terminate any Account at any time and for any reason, including but not limited to failure to provide accurate information, failure to complete verification, or any violation of these Terms.
Upon successful registration, you will be provided with account credentials, including a username and password, or other authentication mechanisms. You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your Account, whether authorized or not.
3.3 Account Security and Responsibility
You are solely responsible for maintaining the confidentiality of your account credentials, including your username, password, and any other authentication information. You agree not to disclose your account credentials to any third party and to take all reasonable precautions to prevent unauthorized access to your Account.
You are responsible for all activities, transactions, and communications that occur under your Account, regardless of whether such activities, transactions, or communications are authorized by you. You agree to immediately notify 1nga Business of any unauthorized use of your Account or any other breach of security of which you become aware.
You agree that 1nga Business shall not be liable for any loss or damage arising from your failure to comply with the security obligations set forth in this section. You acknowledge that 1nga Business may, but is not obligated to, monitor Accounts for security purposes and may suspend or terminate Accounts that exhibit suspicious or fraudulent activity.
You agree to use only one Account and not to create multiple Accounts without the express written consent of 1nga Business. If 1nga Business discovers that you have created multiple Accounts, 1nga Business may, in its sole discretion, suspend or terminate all of your Accounts.
3.4 Account Suspension and Termination
1nga Business reserves the right, in its sole and absolute discretion, to suspend, restrict, or terminate your Account and your access to the Platform, or any portion thereof, at any time and for any reason, including but not limited to: (a) violation of these Terms or any other agreement between you and 1nga Business; (b) providing false, inaccurate, or incomplete information during registration or at any time thereafter; (c) engaging in fraudulent, illegal, or unauthorized activities; (d) failure to comply with applicable laws, regulations, or industry standards; (e) failure to pay any fees or charges when due; (f) engaging in activities that may harm, disrupt, or interfere with the Platform or the rights of other Users; (g) bankruptcy, insolvency, or assignment for the benefit of creditors; (h) any other reason that 1nga Business, in its sole discretion, deems necessary or appropriate to protect its interests or the interests of other Users.
Upon suspension or termination of your Account, your right to access and use the Platform will immediately cease, and 1nga Business may, in its sole discretion, delete or deactivate your Account and all related information and Content. You acknowledge that 1nga Business shall not be liable to you or any third party for any suspension or termination of your Account or access to the Platform.
If your Account is suspended or terminated, you may not create a new Account or attempt to access the Platform using another Account without the express written consent of 1nga Business. Any attempt to circumvent a suspension or termination may result in permanent prohibition from using the Platform and may subject you to legal action.
4. Use of the Platform
4.1 Permitted Uses
Subject to your compliance with these Terms, 1nga Business grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes in accordance with these Terms and all applicable laws and regulations.
You may use the Platform to: (a) browse and search for Products offered by Suppliers; (b) view Product information, specifications, pricing, and availability; (c) place Orders for Products through the Platform; (d) manage your Account, Orders, and business information; (e) communicate with Suppliers and 1nga Business customer support; (f) access delivery and logistics information; (g) view order history and transaction records; (h) access and use any other features and functionality that 1nga Business may make available from time to time.
Your use of the Platform is subject to all applicable laws, regulations, and industry standards, and you agree to use the Platform only for lawful purposes and in accordance with these Terms.
4.2 Prohibited Activities
You agree not to engage in any of the following prohibited activities, and you acknowledge that violation of this section may result in immediate suspension or termination of your Account and may subject you to legal liability:
You shall not use the Platform for any illegal, fraudulent, or unauthorized purpose, or in any manner that violates any applicable local, state, national, or international law, regulation, rule, or ordinance, including but not limited to laws relating to import and export, customs, taxation, data protection, consumer protection, anti-corruption, anti-money laundering, and sanctions.
You shall not violate or infringe upon the Intellectual Property Rights of 1nga Business, Suppliers, other Users, or any third party, including but not limited to copyrights, trademarks, patents, trade secrets, and other proprietary rights.
You shall not transmit, upload, post, or otherwise make available any Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (ii) contains viruses, malware, Trojan horses, worms, time bombs, cancelbots, or other harmful, disruptive, or destructive code or programs; (iii) violates any applicable law or regulation; (iv) infringes upon any Intellectual Property Rights or other rights of any party; (v) contains false, misleading, or deceptive information; or (vi) is otherwise objectionable in 1nga Business's sole discretion.
You shall not attempt to gain unauthorized access to the Platform, other Accounts, computer systems, or networks connected to the Platform, through hacking, password mining, or any other means. You shall not use any robot, spider, scraper, or other automated means to access the Platform or collect information from the Platform without 1nga Business's express written permission.
You shall not interfere with or disrupt the operation of the Platform, servers, or networks connected to the Platform, or violate any requirements, procedures, policies, or regulations of networks connected to the Platform. You shall not take any action that imposes an unreasonable or disproportionately large load on the Platform's infrastructure.
You shall not use the Platform to engage in any form of price manipulation, market manipulation, or fraudulent transactions. You shall not create fake Accounts, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You shall not resell, redistribute, or sublicense Products purchased through the Platform without the express written consent of 1nga Business and the applicable Supplier, except as may be permitted by applicable law or as part of your normal business operations.
You shall not use the Platform to compete with 1nga Business or to develop, market, or provide any product or service that competes with the Platform or any services provided by 1nga Business.
You shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, structure, or organization of the Platform or any software, technology, or information made available through the Platform.
You shall not remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in or on the Platform or any Content.
You acknowledge that violation of any of the foregoing prohibitions may result in immediate suspension or termination of your Account, legal action, and liability for damages.
5. Products, Services, and Transactions
5.1 Product Listings and Information
Products offered through the Platform are listed by Suppliers, and all Product information, including but not limited to descriptions, specifications, images, pricing, availability, and other details, is provided by Suppliers or obtained from third-party sources. 1nga Business does not manufacture, produce, or directly supply Products, and 1nga Business does not verify, guarantee, or warrant the accuracy, completeness, reliability, or quality of Product information provided by Suppliers.
Product information, including descriptions, images, specifications, pricing, and availability, is subject to change without notice. Suppliers are responsible for maintaining accurate and up-to-date Product information, and 1nga Business does not guarantee that Product information will be accurate, complete, or current at all times.
Product images are for illustrative purposes only and may not accurately represent the actual Product. Colors, sizes, and other Product attributes may vary from what is displayed on the Platform. You acknowledge that you should verify Product specifications and details with the Supplier before placing an Order.
1nga Business reserves the right, in its sole discretion, to remove, modify, or refuse to list any Product or Product information at any time and for any reason, including but not limited to: (a) violation of these Terms or applicable laws; (b) inaccurate or misleading Product information; (c) Products that are illegal, prohibited, or restricted; (d) Products that may infringe upon Intellectual Property Rights; or (e) any other reason that 1nga Business deems necessary or appropriate.
5.2 Order Processing and Acceptance
When you place an Order through the Platform, you are making an offer to purchase Products from the applicable Supplier at the prices and on the terms specified in the Order. Your Order is subject to acceptance by the Supplier, and the Supplier reserves the right, in its sole discretion, to accept or reject any Order for any reason, including but not limited to: (a) Product unavailability; (b) pricing errors; (c) quantity limitations; (d) shipping restrictions; (e) failure to meet minimum order requirements; or (f) any other reason.
1nga Business reserves the right, in its sole discretion, to refuse, cancel, or modify any Order at any time and for any reason, including but not limited to: (a) Product unavailability; (b) pricing errors; (c) suspected fraudulent activity; (d) violation of these Terms; (e) failure to complete payment; (f) shipping restrictions; or (g) any other reason that 1nga Business deems necessary or appropriate.
An Order is not considered accepted until you receive an order confirmation from 1nga Business or the Supplier. The order confirmation will include the Order number, Product details, pricing, shipping information, and estimated delivery date. If your Order is cancelled or rejected, you will be notified and, if payment has been processed, a refund will be issued in accordance with the Refund Policy.
You acknowledge that Orders are subject to Product availability, and 1nga Business and Suppliers do not guarantee that Products will be available at the time of Order placement or at any time thereafter. If a Product becomes unavailable after you place an Order, the Order may be cancelled, and you will be notified accordingly.
5.3 Pricing and Payment Terms
All prices displayed on the Platform are in the currency specified on the Platform and are subject to change without notice. Prices may vary based on factors including but not limited to: (a) quantity ordered; (b) shipping destination; (c) applicable taxes, duties, and fees; (d) currency exchange rates; (e) market conditions; and (f) other factors determined by Suppliers or 1nga Business.
Prices displayed on the Platform may not include applicable taxes, duties, customs fees, shipping charges, handling fees, or other charges that may be applicable to your Order. You are responsible for paying all such additional charges, and the final total price will be confirmed at checkout.
1nga Business and Suppliers reserve the right to correct any pricing errors, even after an Order has been placed. If a pricing error is discovered, you will be notified, and you may choose to: (a) proceed with the Order at the correct price; (b) cancel the Order and receive a full refund; or (c) modify the Order to reflect the correct pricing.
Payment for Orders must be made in the currency specified on the Platform and through the payment methods accepted by 1nga Business. Accepted payment methods may include credit cards, debit cards, bank transfers, electronic funds transfers, and other payment methods as may be specified on the Platform from time to time.
You authorize 1nga Business and its payment processors to charge your designated payment method for all amounts due in connection with your Orders, including but not limited to Product prices, shipping charges, taxes, duties, fees, and any other applicable charges. You represent and warrant that you have the legal right to use the payment method you provide and that all payment information you provide is accurate and complete.
Payment authorization may be required before Order fulfillment, and 1nga Business reserves the right to hold payment authorization until Order confirmation or shipment. If payment cannot be processed or is declined, your Order may be cancelled, and you will be notified accordingly.
6. Payment Processing and Financial Terms
6.1 Payment Methods and Processing
1nga Business accepts various payment methods as specified on the Platform, which may include but are not limited to: credit cards, debit cards, bank transfers, electronic funds transfers, digital wallets, and other payment methods as may be made available from time to time. The availability of specific payment methods may vary based on your location, the Supplier, the Order amount, and other factors.
All payments are processed securely through third-party payment processors that comply with applicable payment card industry (PCI) standards and other security requirements. 1nga Business does not store or have access to your complete payment card information, and all payment data is encrypted and transmitted securely to payment processors.
You authorize 1nga Business and its payment processors to: (a) charge your designated payment method for all amounts due in connection with your Orders; (b) verify your payment information; (c) process refunds and chargebacks in accordance with applicable policies; and (d) take any other actions necessary to process payments and manage your account.
Payment processing may be subject to verification and authorization by payment processors, financial institutions, or other third parties. 1nga Business reserves the right to hold payment authorization until Order confirmation, shipment, or delivery, as determined by 1nga Business in its sole discretion.
If payment cannot be processed, is declined, or is reversed for any reason, your Order may be cancelled, and you may be responsible for any fees or charges incurred. 1nga Business reserves the right to suspend or terminate your Account if payment issues persist.
6.2 Currency and Exchange Rates
All prices and payments are processed in the currency specified on the Platform. If you are located in a jurisdiction that uses a different currency, currency conversion may be applied by your payment method provider or financial institution, and you may be subject to currency conversion fees and exchange rate fluctuations.
Exchange rates are determined by payment processors, financial institutions, or other third parties and may differ from market rates. 1nga Business does not control exchange rates and is not responsible for any losses or gains resulting from currency conversion or exchange rate fluctuations.
6.3 Refunds and Chargebacks
Refund policies are governed by the Refund Policy, which is incorporated into these Terms by reference and is available at /legal/refund. Generally, refunds may be issued for: (a) cancelled Orders; (b) defective or damaged Products; (c) incorrect Products received; (d) undelivered Orders; or (e) other circumstances as specified in the Refund Policy.
Refunds are subject to Supplier policies, applicable laws and regulations, and the terms of the Refund Policy. Processing times for refunds may vary depending on the payment method, financial institution, and other factors, and may take up to ten (10) to thirty (30) business days or longer.
If you initiate a chargeback or dispute with your payment method provider, 1nga Business reserves the right to: (a) investigate the chargeback or dispute; (b) provide information to the payment processor or financial institution; (c) suspend or terminate your Account pending resolution; and (d) take any other actions necessary to resolve the matter.
You agree not to initiate a chargeback or dispute for any transaction unless you have first attempted to resolve the matter directly with 1nga Business customer support. Unauthorized or fraudulent chargebacks may result in Account suspension or termination and may subject you to legal liability.
7. Delivery, Shipping, and Logistics
7.1 Delivery Terms and Conditions
Delivery times, methods, and costs are determined by Suppliers and logistics providers and may vary based on factors including but not limited to: (a) shipping destination; (b) Product type, size, and weight; (c) shipping method selected; (d) customs and import requirements; (e) weather conditions; (f) carrier schedules; and (g) other factors beyond 1nga Business's control.
Delivery times provided on the Platform are estimates only and are not guaranteed. Actual delivery times may vary due to factors including but not limited to: (a) processing times; (b) shipping carrier schedules; (c) customs clearance; (d) weather conditions; (e) natural disasters; (f) government actions; (g) carrier delays; and (h) other factors beyond 1nga Business's or Suppliers' reasonable control.
You are responsible for providing accurate and complete delivery address information. If you provide an incorrect or incomplete delivery address, you may be responsible for additional shipping charges, redelivery fees, or other costs. 1nga Business and Suppliers are not responsible for delays or failures in delivery resulting from incorrect or incomplete address information.
Risk of loss and title to Products transfer to you upon delivery to the delivery address specified in your Order, or upon pickup by the carrier, as applicable. You are responsible for inspecting Products upon delivery and for reporting any damage, defects, or discrepancies immediately.
7.2 International Shipping and Customs
International Orders may be subject to customs duties, import taxes, value-added taxes (VAT), goods and services taxes (GST), and other fees and charges imposed by customs authorities, tax authorities, or other government agencies in the destination country. You are solely responsible for paying all such duties, taxes, fees, and charges.
You are responsible for compliance with all applicable import and export laws, regulations, and requirements in your jurisdiction and in all jurisdictions through which Products may transit. This includes but is not limited to: (a) obtaining necessary import licenses, permits, or authorizations; (b) providing accurate customs declarations; (c) complying with product safety and labeling requirements; (d) complying with trade restrictions and sanctions; and (e) any other requirements imposed by applicable laws or regulations.
1nga Business and Suppliers do not provide legal, customs, or tax advice, and you should consult with customs brokers, tax advisors, or legal counsel to ensure compliance with all applicable requirements. 1nga Business and Suppliers are not responsible for any delays, additional costs, or other consequences resulting from your failure to comply with applicable import and export requirements.
Customs clearance may cause delays in delivery, and delivery times for international Orders may be extended accordingly. 1nga Business and Suppliers are not responsible for delays caused by customs clearance or other government processes.
7.3 Delivery Issues and Claims
If you experience any issues with delivery, including but not limited to: (a) delayed delivery; (b) damaged Products; (c) missing Products; (d) incorrect Products received; or (e) delivery to the wrong address, you must report such issues to 1nga Business customer support within forty-eight (48) hours of the expected delivery date or actual delivery date, whichever is earlier.
For damaged or defective Products, you must report the issue immediately upon discovery and provide photographs or other evidence of the damage or defect. Failure to report delivery issues within the specified timeframes may result in denial of claims or refunds.
1nga Business will work with Suppliers and logistics providers to investigate and resolve delivery issues. Resolution may include: (a) replacement of damaged or defective Products; (b) refunds in accordance with the Refund Policy; (c) reshipment of missing or incorrect Products; or (d) other remedies as determined by 1nga Business in its sole discretion.
You acknowledge that 1nga Business's liability for delivery issues is limited as set forth in the Limitation of Liability section of these Terms, and that 1nga Business is not responsible for delays or failures caused by third-party logistics providers, carriers, customs authorities, or other third parties.
8. Intellectual Property Rights
8.1 Platform Content and Intellectual Property
The Platform, including but not limited to all text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, code, and other Content, is the property of 1nga Business, its licensors, or other content providers and is protected by copyright, trademark, patent, trade secret, and other Intellectual Property Rights laws.
All trademarks, service marks, trade names, logos, and other branding elements displayed on the Platform are the property of 1nga Business, its licensors, or other respective owners. You may not use, reproduce, modify, distribute, or display any trademarks, service marks, or other branding elements without the express written permission of the owner.
The Platform and all Content are provided for your personal, non-commercial use only. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any Content obtained from the Platform without the express written permission of 1nga Business or the applicable rights holder.
8.2 User Content and License Grants
You retain all ownership rights in User Content that you submit, post, upload, publish, transmit, or otherwise make available on or through the Platform. However, by submitting User Content, you grant 1nga Business and its Affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to: (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly perform, and publicly display such User Content in any form, medium, or technology, whether now known or hereafter developed; (b) use such User Content for any purpose, including but not limited to Platform operation, improvement, marketing, and promotion; and (c) allow other Users to access and use such User Content as permitted by the Platform's functionality and these Terms.
You represent and warrant that: (a) you own or have the necessary rights, licenses, and permissions to grant the licenses set forth in this section; (b) your User Content does not infringe upon or violate any Intellectual Property Rights, privacy rights, publicity rights, or other rights of any third party; (c) your User Content does not violate any applicable laws or regulations; and (d) your User Content is not defamatory, libelous, obscene, or otherwise objectionable.
1nga Business reserves the right, but is not obligated, to monitor, review, edit, modify, or remove any User Content at any time and for any reason, including but not limited to: (a) violation of these Terms; (b) violation of applicable laws or regulations; (c) infringement upon Intellectual Property Rights or other rights; (d) objectionable or inappropriate content; or (e) any other reason that 1nga Business deems necessary or appropriate.
8.3 Intellectual Property Infringement
1nga Business respects the Intellectual Property Rights of others and expects Users to do the same. If you believe that any Content on the Platform infringes upon your Intellectual Property Rights, you may submit a notice of infringement to 1nga Business in accordance with applicable law and 1nga Business's intellectual property policy.
Upon receipt of a valid notice of infringement, 1nga Business will investigate the matter and may, in its sole discretion, remove or disable access to the allegedly infringing Content. 1nga Business may also terminate the Accounts of Users who repeatedly infringe upon Intellectual Property Rights.
9. Privacy and Data Protection
Your privacy is important to 1nga Business. The collection, use, disclosure, and protection of your personal information is governed by the Privacy Policy, which is incorporated into these Terms by reference and is available at /legal/privacy. By using the Platform, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
You acknowledge that 1nga Business may collect, use, and disclose information about you and your use of the Platform in accordance with the Privacy Policy and applicable data protection laws and regulations, including but not limited to the Protection of Personal Information Act (POPIA) in South Africa, the General Data Protection Regulation (GDPR) in the European Union, and the California Consumer Privacy Act (CCPA) in California.
You represent and warrant that any personal information you provide to 1nga Business is accurate, complete, and up-to-date, and that you have the legal right to provide such information. You agree to update your personal information promptly if it changes.
10. Limitation of Liability and Disclaimers
10.1 Disclaimer of Warranties
THE PLATFORM AND ALL SERVICES, PRODUCTS, CONTENT, AND INFORMATION PROVIDED THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 1NGA BUSINESS, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE "1NGA BUSINESS PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (A) WARRANTIES OF MERCHANTABILITY; (B) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTIES OF NON-INFRINGEMENT; (D) WARRANTIES OF TITLE; (E) WARRANTIES OF ACCURACY, RELIABILITY, OR COMPLETENESS; (F) WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; AND (G) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
1NGA BUSINESS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES OFFERED BY SUPPLIERS OR OTHER THIRD PARTIES THROUGH THE PLATFORM, AND 1NGA BUSINESS SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND SUPPLIERS OR OTHER THIRD PARTIES.
10.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE 1NGA BUSINESS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) LOSS OF PROFITS, REVENUE, DATA, OR USE; (B) LOSS OF BUSINESS OPPORTUNITIES; (C) BUSINESS INTERRUPTION; (D) LOSS OF GOODWILL OR REPUTATION; (E) COST OF SUBSTITUTE PRODUCTS OR SERVICES; (F) PERSONAL INJURY OR PROPERTY DAMAGE; OR (G) ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF 1NGA BUSINESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE 1NGA BUSINESS PARTIES FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO 1NGA BUSINESS IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
10.3 Indemnification
You agree to indemnify, defend, and hold harmless the 1nga Business Parties from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including but not limited to reasonable attorneys' fees and costs) arising out of or in connection with: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable laws or regulations; (d) your violation of any rights of any third party, including but not limited to Intellectual Property Rights, privacy rights, or publicity rights; (e) your User Content; (f) your Orders and transactions with Suppliers; or (g) any other actions or omissions by you in connection with the Platform.
1nga Business reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate fully with 1nga Business in asserting any available defenses.
11. Dispute Resolution and Governing Law
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Any disputes arising out of or in connection with these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of South Africa, and you hereby submit to the personal jurisdiction of such courts.
11.2 Dispute Resolution Process
In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or your use of the Platform (a "Dispute"), the parties agree to first attempt to resolve the Dispute through good faith direct negotiations. If the Dispute cannot be resolved through direct negotiations within thirty (30) days, the parties agree to submit the Dispute to mediation in accordance with the rules of the Arbitration Foundation of South Africa (AFSA) or such other mediation service as the parties may agree upon.
If mediation is unsuccessful, the Dispute shall be resolved through binding arbitration in accordance with the rules of AFSA or such other arbitration service as the parties may agree upon. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding on both parties.
Notwithstanding the foregoing, either party may seek injunctive relief or other equitable remedies in any court of competent jurisdiction to protect its Intellectual Property Rights or to prevent irreparable harm, and such action shall not be subject to the dispute resolution process set forth in this section.
11.3 Class Action Waiver
YOU AND 1NGA BUSINESS AGREE THAT ANY DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. YOU AND 1NGA BUSINESS FURTHER AGREE THAT NO DISPUTE SHALL PROCEED AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, AND THAT NO DISPUTE SHALL BE CONSOLIDATED WITH ANY OTHER DISPUTE WITHOUT THE EXPRESS WRITTEN CONSENT OF ALL PARTIES.
12. Modifications to Terms
1nga Business reserves the right, in its sole discretion, to modify, amend, or update these Terms at any time and for any reason. Material changes to these Terms will be posted on the Platform with an updated "Last Updated" date, and 1nga Business may, but is not obligated to, provide additional notice of material changes through email, in-app notifications, or other means.
Your continued use of the Platform following the posting of any changes to these Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must immediately discontinue your use of the Platform and may terminate your Account in accordance with the Termination section of these Terms.
You are responsible for reviewing these Terms periodically to stay informed of any changes. The most current version of these Terms will always be available on the Platform.
13. Termination
13.1 Termination by You
You may terminate your Account and your use of the Platform at any time by contacting 1nga Business customer support or by using the account termination functionality, if available, on the Platform. Upon termination, your right to access and use the Platform will immediately cease.
13.2 Termination by 1nga Business
1nga Business may, in its sole discretion, suspend, restrict, or terminate your Account and your access to the Platform, or any portion thereof, at any time and for any reason, including but not limited to: (a) violation of these Terms; (b) violation of applicable laws or regulations; (c) fraudulent, illegal, or unauthorized activities; (d) failure to pay any fees or charges when due; (e) bankruptcy, insolvency, or assignment for the benefit of creditors; (f) extended periods of Account inactivity; or (g) any other reason that 1nga Business deems necessary or appropriate.
Termination may be immediate and without prior notice, except as may be required by applicable law. 1nga Business is not obligated to provide you with a reason for termination, except as may be required by applicable law.
13.3 Effect of Termination
Upon termination of your Account or these Terms: (a) your right to access and use the Platform will immediately cease; (b) 1nga Business may, in its sole discretion, delete or deactivate your Account and all related information and Content; (c) outstanding Orders may be cancelled or fulfilled at 1nga Business's or Suppliers' discretion; (d) you remain liable for all obligations incurred prior to termination, including but not limited to payment obligations; (e) all licenses and rights granted to you under these Terms will immediately terminate; and (f) the following sections will survive termination: Intellectual Property Rights, Limitation of Liability, Indemnification, Dispute Resolution, and any other provisions that by their nature should survive termination.
14. General Provisions
14.1 Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, Refund Policy, and any other policies or agreements referenced herein, constitute the entire agreement between you and 1nga Business regarding your use of the Platform and supersede all prior or contemporaneous agreements, understandings, negotiations, and communications, whether oral or written, relating to the subject matter hereof.
14.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The remainder of these Terms shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be replaced with a valid, legal, and enforceable provision that comes closest to the intent of the original provision.
14.3 Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by 1nga Business to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
14.4 Assignment
You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without the express written consent of 1nga Business. Any attempted assignment, transfer, or delegation without such consent shall be null and void. 1nga Business may freely assign, transfer, or delegate these Terms or any of its rights or obligations hereunder without your consent.
14.5 Relationship of Parties
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and 1nga Business. You are an independent contractor, and neither party has the authority to bind the other party or to incur any obligation on behalf of the other party.
14.6 Force Majeure
1nga Business shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including but not limited to: (a) acts of God, natural disasters, or severe weather conditions; (b) war, terrorism, civil unrest, or acts of government; (c) pandemics, epidemics, or public health emergencies; (d) strikes, labor disputes, or work stoppages; (e) internet or telecommunications failures or disruptions; (f) power outages or utility failures; (g) cyberattacks, security breaches, or data breaches; or (h) any other circumstances that are beyond 1nga Business's reasonable control and that could not have been prevented or mitigated through reasonable precautions.
14.7 Notices
All notices, requests, demands, and other communications required or permitted under these Terms shall be in writing and shall be deemed to have been given: (a) when delivered personally; (b) when sent by registered or certified mail, return receipt requested; (c) when sent by email to the email address on file with your Account; or (d) when posted on the Platform. Notices to 1nga Business shall be sent to the address specified in the Contact Information section of these Terms.
14.8 Contact Information
For questions, concerns, or requests regarding these Terms, please contact 1nga Business at:
- Email: business@1nga.com
- Address: 16A Katalina Avenue, Rhodesfield Kempton Park
- Phone: 0710906662
- Business Hours: 9h00 to 17h00
14.9 Compliance with Laws
You agree to comply with all applicable laws, regulations, and industry standards in your jurisdiction and in all jurisdictions where you conduct business, including but not limited to: (a) international trade laws and regulations; (b) export and import control laws; (c) customs laws and regulations; (d) tax laws and regulations; (e) data protection and privacy laws; (f) consumer protection laws; (g) anti-corruption and anti-bribery laws; (h) anti-money laundering laws; (i) sanctions and embargo laws; and (j) any other applicable laws or regulations.
14.10 Acknowledgment
BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT: (A) YOU HAVE READ AND UNDERSTOOD THESE TERMS; (B) YOU AGREE TO BE BOUND BY THESE TERMS; (C) THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND 1NGA BUSINESS; (D) YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT; (E) YOUR USE OF THE PLATFORM IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS; AND (F) IF YOU ARE ACCESSING THE PLATFORM ON BEHALF OF A BUSINESS ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.
