Terms & Conditions

Terms of Use:

Welcome to YoMarketPlace Platform. Before using the Platform and/or Services, please read the Terms of Use carefully and agree to them. The following Terms of Use govern your ability to access and use the Services offered by the Platform (defined below). If you access, visit or use the Platform and/or use any of its related Services, you agree to be legally bound by these Terms of Use. Do not access, visit, or use the Platform including any of the Services if you do not agree to all these Terms of Use and you are expressly prohibited such that you must discontinue the use immediately.

Only Customers with accounts are allowed to access and use password-protected or certain sections of the Platform and/or usage of the Services. You may not gain or attempt to obtain unauthorized access to such areas of the Platform and/or Services, or any other protected information, via any means other than those specifically made accessible to you by us.

The Platform is available for use to anyone 18 years and above. Suppose you are below the age of consent. In that case, you must seek and obtain permission from your parent or legal guardian to accept responsibility for: (i) your actions, (ii) any charges associated with your use of the Platform and/or Service, (iii) any charges to your account purchases of Products (iv) your acceptance and compliance with these Terms of Use.

1. Definitions & Interpretation

1.1 Definitions and Interpretations: Unless otherwise specified, the definitions and rules for interpretation highlighted will apply to these Terms of Use (Schedule 1).

2. General access & use of Platform and Services

2.1 Guidelines for using the Platform and Services: You agree to comply with all the guidelines, notices, operating rules, policies, and instructions required to access & use of the Platform and Services, as well as any changes and modifications to those previously mentioned, given by us as updates. We retain the right to modify or change these guidelines, notices, operating rules and regulations, and instructions at any moment. When changes or modifications to the preceding are published on the Platform, you are presumed to be aware of and bound by them, and you are required to check regularly.

2.2 Restricted activities: You agree not to:

(i) Make any unlawful or illegal use of the Platform or Services.

(ii) Post, promote, or transmit any Prohibited Materials over the Platform or Services.

(iii) Impersonate anybody or anything, or falsely declare or otherwise misrepresent your association with anyone or anything.

(iv) Attempt to gain unauthorized access to, or interfere with or disrupt other computer systems or networks connected to the Platform or Services.

(v) Interfere with the use or enjoyment of the Platform or Services by others.

(vi) Make improper use of our support services or submit false reports of abuse or misconduct.

(vii) Use the Platform or Services in a manner inconsistent with the acceptable use policies of any linked computer networks, any relevant Internet standards, and any other applicable laws.

(viii) Use or upload any software or material that contains or have reason to think it contains viruses, destructive and harmful components, or malicious code that may impair or corrupt the Platform data or damage or interfere with the functioning of another Customer's computer or mobile device, the Platform, or the Services.

(ix) Sell or otherwise transfer your profile.

2.3 Platform and service availability: We reserve the right, at any time and without notice, to update, modify, suspend, or discontinue the provision of, or remove, in whole or in part, the Platform or any Service, and we shall not be responsible if any such update, modification, suspension, or removal stops you from using the Platform or Services.

2.4 Right, but not the obligation, to monitor content: We retain the right but shall not be obliged to:

(i) restrict or prevent access of any Customer to the Platform and/or the Services.

(ii) monitor or otherwise control any activity, content, or material on the Platform and/or through the Services. We retain the right to investigate any infringement of the terms and conditions contained herein and take any action we consider appropriate in our sole and absolute discretion.

(iii) report any activity that we think violates any relevant law, legislation, or regulation to the proper authorities and will cooperate with them.

(iv) to request any data and information from you in relating to your use of the Platform and/or access to the Services at any time, and to exercise our right under this paragraph if you refuse, or if you provide, or we have reasonable grounds to suspect, misleading, fraudulent, or inaccurate information and/or data.

2.5 Additional terms: In addition to these Terms of Service, the use of particular features of the Materials and Services is prohibited, as well as expanded or updated versions of Materials provided by our approved subcontractors or us, may be subject to additional terms and conditions, which will be in full force and effect.

2.6 Privacy Policy: Your use of the Services and/or access to the Platform is also subject to the Privacy Policy.

2.7 Terms & Conditions of Sale: The purchase of any Product is subject to the Terms of Sale.

3. Use of Services

3.1 This Clause Application: The provisions in this Clause (3) are the additional terms and conditions regulating your use of the Services, in addition to all other terms and conditions of these Terms of Use.

3.2 Restrictions: The Services are only available to legal age customers who have the legal capacity to engage and enter into a contract under any relevant legislation. Customers who violate the terms and conditions stated herein and those who have been permanently or temporarily stopped from using any of the Services will not be able to utilize the Services even if they meet the criteria of this section.

3.3 General use terms: You agree:

(i) To use the Services solely for legitimate and legal reasons at all times and to undertake any activity related to the Services in good faith.

(ii) To guarantee the accuracy of any information or data you submit on the Platform in connection with the Services and accept complete responsibility for such particular data and information.

3.4 Product description: While we make every effort to give an accurate description of the Products, we can not guarantee that such description is accurate, up to date, or error-free.

3.5 Prices of Products: Unless otherwise specified, all listing prices are subject to taxes. We reserve the right to change the Listing Prices at any time, for any reason, and without prior notice.

3.6 Other information: There may be information on the Service that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to update or change the information at any time without prior notice.

3.7 Third-Party Vendors: You agree that third parties (i.e., Third Party-Vendors or Sellers) list and sell Products on the Platform in addition to YoMarketPlace. The product details page will specify whether a particular Product is posted for sale on the Platform by YoMarketPlace or a Third-Party Vendor indicated as the seller. Any agreement entered into for the sale of a Third-Party Vendor's Products to a Customer must be entered into directly and exclusively between that Third-Party Vendor and the Customer. You also agree that Third-Party Vendors may use YoMarketPlace's sponsored services to promote their Product listings in your search results on the Platform.

4. Customers with Accounts

4.1 Username/Password: Certain Services on the Platform require creating an account with us or for you to provide Personal Data. If you request that we create an account for you, a Username and Password will be either (i) decided and granted to you by us (ii) submitted by you and approved by us solely at our discretion in connection with the use of the Services and/or access to the Platform. We reserve the right, in our sole and absolute discretion, request that you update your Personal Data or instantly invalidate the Username and/or Password without giving you any explanation or prior warning, and YoMarketPlace will not be liable for any losses suffered by you or caused by you, in connection with, or as a result of the invalidation or request. You agree to update your Password regularly, keep the Username and Password confidential, shall be responsible for the security of your account, and be held responsible for any disclosure or use of the Username and/or Password (whether permitted or not). If you know or have reason to believe that the Username and/or Password confidentiality has been breached, or if there has been any unauthorized use of the Username and/or Password, or if your Personal Data needs to be updated, please inform us immediately.

4.2 Purported access/use: You agree and accept that any usage of the Platform and/or access to the Services, as well as any information, data, or messages referencing your Username and Password, shall be regarded to as:

(i) Access to the Platform and/or usage of the Services by you.

(ii) Data and/or information transmitted or posted by you.

You accept to be bound by any access and or usage of the Services and/or use of the Platform (whether you authorize such access or use or not), and you agree that we have the right (but not the obligation) to act on, rely on, or hold you entirely liable for the same as if it were carried out or communicated by you. You also accept and recognize that you will be obligated by and undertake to fully indemnify us for any and all Losses incurred as a result of your usage of any Services and/or access to the Platform using your credentials.

5. Intellectual property

5.1 Ownership: We, our licensors, or our service providers own, license, or control the intellectual property on the Platform, Services, and Materials. We retain the right to enforce intellectual property rights to the maximum extent permitted by law.

5.2 Restricted use: Without our prior written permission, the Platform, Services, or any Materials may not be duplicated, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any way or by any means, or stored in an information retrieval system or installed on any servers, design, or equipment. Subject to Clause (5.3), you may only download, print, or use the Materials for personal and non-commercial purposes, provided that you do not change the Materials and that the applicable copyright owners or we preserve any copyright and other proprietary notices contained in the Materials.

5.3 Trademarks: The Trademarks are our or third-party registered and unregistered trademarks. Nothing on the Platform or in these Terms of Use shall be construed as granting, by estoppel, implication, or otherwise, any license or right to use any Trademarks displayed on the Services (including meta tag or as a "hot" link to other websites) without our written permission or the written permission of any other applicable trademark owner.

6. Our limitation of responsibility and liability

6.1 There are no guarantees or warranties: The Services, the Platform, and Materials are supplied "as is" and "as available." All information and or data in the Platform, Services, or Materials are given only for informative reasons. In association with the Platform, the Services, or the Materials, no representations or warranties of any kind, implied, explicit, or statutory, are made, including warranties of non-infringement of third-party rights, title, merchantability, acceptable quality, or fitness for a specific purpose. We do not warrant, without limiting the generality of the preceding that:

(i) the Platform, the Services, or the Materials' accuracy, timeliness, appropriateness, commercial value, or completeness of all data and/or information.

(ii) the Platform, the Services, or any of the Materials will be supplied in an uninterrupted, secure, or error-free manner, or that any detected flaw will be rectified.

(iii) the Platform, Services, or Materials do not include any computer viruses or other harmful, damaging, or corrupting code, agent, program, or macros.

(iv) the security of any data and/or information transmitted by you or to you via the Services or the Platform, and you accept the risk that any information transmitted or received via the Platform or the Services may be accessed by unauthorized third parties and/or disclosed by us or our employees, officers, or agents to third parties pretending to be you or acting under your authority. Because of the open nature of the Internet, transmissions via the Internet and electronic mail may be interrupted, blacked out, delayed information, or erroneous data transfer.

6.2 Exclusion of liability: YoMarketPlace Indemnitees shall not be liable to you for any losses of any kind, whether caused (regardless of the method of action), coming directly or indirectly from:

(i) access to, use, and/or incapacity to use the Platform or Services.

(ii) relying on any data or information made accessible via the Services and/or the Platform. You should only act on such data or transmission if it has been confirmed or verified by you.

(iii) any system, server, or connection failure, omission, error, interruption, delay in transmission, computer virus, or other malicious, destructive, or corrupting code, macros, or agent program.

(vi) any use of or access to other webpage or website linked to the Platform, even if our officers, agents, or employees were advised of, or otherwise anticipated, the potential of such use or access.

6.3 At your own risk: Any risk of damage, misunderstanding, error, expense, or loss resulting from your use of the Platform is entirely at your own risk, and we shall not be liable, therefore.

7. Hyperlinks and alerts

7.1 Hyperlinks: We may offer hyperlinks to other websites or resources on the Internet that are owned or controlled by third parties for your convenience. We are not responsible for any mistakes, omissions, delays, defamation, libel, slander, untruth, obscenity, pornography, profanity, inaccuracy, or other objectionable material included in the contents, or the consequences of accessing, any linked website. Any connections to other websites or material do not constitute an endorsement or verification of such websites or content, and you accept that your access to or use of such linked websites or content is solely at your own risk.

7.2 Promotions: We may include banners, java applets, and/or other materials on the Platform to promote our or our Third-Party Vendors' products and/or services. To be clear, you will not be entitled to any payment, fee, or commission in relation to any such promotional materials.

8. Your submissions and information

8.1 Submissions by you: You give us a non-exclusive right to use the materials or information that you provide to the Platform and/or send to us, such as questions, reviews, comments, and recommendations (collectively, "Submissions"). When you publish comments or reviews to the Platform, you also grant us permission to use your submitted name or your Username in conjunction with such review, remark, or other material. You agree not to use a fake e-mail address, claim to be someone other than yourself, or otherwise mislead other parties about the origin of any Submissions or us. We reserve the right, but not the obligation, to publish, remove, or modify your Submissions.

8.2 Consent to receive e-mails: You grant us your full, free, and unequivocal consent and authority to collect, process, and use any information provided by you (including Personal Data) for the purposes of sending you informational and promotional e-mails, as well as any and all communications, notices, updates, and other information. Your acceptance to the terms of this Clause 8.2 constitutes your permission for the purposes of applicable spam control legislation (whether in Zimbabwe or elsewhere). You can later opt-out of receiving promotional e-mails by clicking the relevant button in any promotional e-mail.

8.3 YoMarketPlace may be compelled by government authorities to divulge specific information in conjunction with an audit or inquiry from time to time. You acknowledge that we are not obligated to oppose any request for such information made by a (government) body.

Privacy Policy: You indicate that you have read and agreed to the Privacy Policy outlined Here. And you agree to our collecting, using, and disclosing your Personal Data for the reasons outlined in the Privacy Policy.

9. Termination

9.1 Termination by us: At our sole and absolute discretion, we may terminate your use of the Platform and/or Services with immediate effect and/or disable your Username and Password. We reserve the right to deny access to the Platform and/or Services (or any part thereof) for any reason, including a violation of any of these Terms of Use, or if we believe you have violated or acted inconsistently with any of the terms or conditions set forth herein, or if, in our opinion or the opinion of any regulatory authority, it is not appropriate to continue providing the services relating to the Platform.

9.2 Termination by you: You may terminate these Terms of Service by providing us with seven days' written notice.

10. Notices

10.1 Notices from us: All other communications or notices given to you if:

(i) conveyed via any print or electronic medium as we may be regarded to have notified you on the date of publication or broadcast.

(ii) messages delivered by post or left at your last known address will be deemed received by you on the day after such mailing or on the day it was left.

10.2 Notices from you: You may only send us notice in writing delivered to our specified address or e-mail address, and we will only be deemed to have received such notice upon delivery. While we make every effort to react to your notices as soon as possible, we cannot promise that we will consistently answer at the same rate.

10.3 Other modes: Despite Clauses 10.1 and 10.2, we may, from time to time, specify acceptable alternative ways of sending notifications (including, but not limited to, e-mail or other forms of electronic communication) as well as the time or event by which such notice shall be deemed given.

11. General

11.1 Cumulative rights and remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice, and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate to hinder or prevent our exercise of any other such right or remedy as at law or in equity.

11.2 No waiver: Our failure to enforce these Terms of Use shall not be construed as a waiver of these terms, nor shall such failure affect our right to enforce these Terms of Use subsequently. We would still be able to exercise our rights and remedies in any other circumstance if you violate our Terms of Service.

11.3 Severability: If any provision of these Terms of Use is or becomes illegal, invalid, or unenforceable in any way, the legality, validity, and enforceability of the remaining provisions of this agreement are not affected or impaired and continue in force as if such illegal, invalid, or unenforceable provision were severed from these Terms of Use.

11.4 Rights of third parties: A person or entity that is not a party to these Terms of Use has no right under any legislation in any country to enforce any provision of these Terms of Use, regardless of whether such person or thing has been named by name, as a member of a class, or as answering a specific description. To be clear, nothing in this Clause affects the rights of any approved assignee or transferee of these Terms of Use.

11.5 Governing law: The Platform and/or the Services, as well as these Terms of Service, are controlled and construed in accordance with Zimbabwean law. If a disagreement occurs in connection with these Terms of Use, the Parties agree to try to resolve it fairly and in good faith. According to the preceding section, if the Parties cannot reach an amicable settlement, they will attempt to reach an agreement on an acceptable ADR procedure (for example, conciliation, expert determination, mediation, adjudication, dispute board). If they do not reach an agreement on the appropriate ADR proceeding within 14 days of the failure of the settlement negotiations, or if the dispute is not resolved through an ADR proceeding within two months of the preceding ADR, each Party may initiate an arbitration proceeding under the following paragraph.

All disputes arising out of or in connection with the present contract, including any question concerning its existence, validity, or termination, shall be finally settled in accordance with the rules of Zimbabwean law in force at the time, which rules are deemed incorporated by reference into this Clause.

11.6 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

11.7 Amendments: We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.

11.8 Correction of errors: Any typographical, clerical, or other error or omission in any acceptance, invoice, or other documents on our part shall be subject to correction without any liability on our part.

11.9 Currency: Money references under these Terms of Use shall be in United States Dollars.

11.10 Language: If these Terms of Use are executed or translated in a language other than English ("Foreign Language Version"), the English language version governs and takes priority over the Foreign Language Version.

11.11 Entire agreement: These Terms of Use represent the complete agreement between you and us pertaining to the subject matter hereof and supersedes and replaces in full any prior understandings, communications, and agreements relating to the subject matter hereof.

11.12 Binding and conclusive: You agree and acknowledge that any records (including telephone conversations relating to the Services, if any) maintained by our service providers relating to or in connection with the Platform and Services or us shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between you and us. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy, or authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system. You hereby waive any and all rights you may have to such an object.

11.13 Sub-contracting and delegation: We retain the right to delegate or subcontract the execution of any of our activities related to the Platform and/or Services, and we reserve the right to engage any service providers, subcontractors, and/or agents on any terms we deem suitable.

11.14 Assignment: Without our prior written agreement, you may not assign your rights under these Terms of Service. We reserve the right to assign our rights under these Terms of Service to any third party.

11.15 Force Majeure: We will not be liable for any failure to perform, error, interruption, or delay in performing its obligations under these Terms of Use (or any part thereof), or any inaccuracy, unreliability, or unsuitability of the Platform's and/or Services' contents if this is due, in whole or in part, directly or indirectly, to an event or failure beyond our reasonable control.

12. Voucher Terms & Conditions

The following terms and conditions apply to your use and redemption of promotional vouchers or voucher codes, where such coupons are offered for no consideration (according to voucher Terms & Conditions).

Schedule 1:

Definitions and Interpretation

1. Definitions. In these Terms of Use, unless the context specifies otherwise, the following phrases shall have the following meanings:

1.1 "Customer" has the same meaning as in the Terms & Conditions of Sale.

1.2 "Intellectual Property" means all copyright, patents, utility innovations, trademarks, and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the preceding rights.

1.3 "YoMarketPlace Indemnitees" means YoMarketPlace and all of its respective officers, employees, directors, agents, contractors, and assigns.

1.4 "YoMarketPlace", "we", "our" and "us" refer to YoMarketPlace.online.

1.5 "Listing Price" means the price of Products listed for sale to Customers, as stated on the Platform.

1.6 "Losses" means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.

1.7 "Materials" means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.

1.8 "Order" means your order for Products sent through the Platform under the Terms & Conditions of Sale.

1.9 "Password" refers to the valid password that a Customer who has an account with YoMarketPlace may use in conjunction with the Username to access the relevant Platform and/or Services.

1.10 "Personal Data" means data, whether true or not, that can be used to identify, locate or contact you. Personal Data can include your name, e-mail address, phone number, billing address, shipping address, and credit card information. Personal Data shall be deemed to include any data that you have provided to us when placing an Order.

1.11 "Platform" means (a) both the web and mobile versions of the website operated and/or owned by YoMarketPlace, which is presently located at the following URL: www.yomarketplace.online (b) the mobile applications made available from time to time by YoMarketPlace, including the iOS and Android versions.

1.12 "Privacy Policy" means the privacy policy set out Here.

1.13 "Product" means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.

1.14 "Prohibited Material" means any information, graphics, photographs, data, and/or any other material that:

(i) contains any computer virus or other invasive or damaging code, program, or macro.

(ii) infringes any third-party Intellectual Property or any other proprietary rights.

(iii) is defamatory, libelous, or threatening.

(iv) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, or otherwise illegal under the applicable law. and/or

(v) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.

1.15 "Services" means services, information, and functions made available by us on the Platform.

1.16 "Submission" is as defined in Clause 8.1 of these Terms of Use.

1.17 "Terms & Conditions of Sale" means the terms and conditions governing a Customer's purchase of the Products and are set out Here.

1.18 "Terms of Use" means the recitals, Clauses 1 to 12, and any Schedules to these terms and conditions.

1.19 "Trademarks" means the trademarks, service marks, trade names, and logos used and displayed on the Platform, including the YoMarketPlace trademark, which is property of YoMarketPlace.online.

1.20 "Username" refers to the unique login identification name or code that identifies a Customer with an account with YoMarketPlace.

1.21 "Voucher" means a voucher for credit that a Customer may use, subject to other terms and conditions, towards the payment of purchases on the Platform.

1.22 "you" and "your" refer to individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.

2. Interpretation: Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted, or extended at the relevant time. In the agreement, whenever the words "include," "includes," or "including" are used, they will be deemed to be followed by the words "without limitation." Unless expressly indicated otherwise, all references to several days mean calendar days, and the words "month" or "monthly," as well as all references to a number of months, means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of YoMarketPlace, and the provision which is more favorable to YoMarketPlace shall prevail.

Last Updated: January 1, 2021.



Terms & Conditions of Sale:

1. Definitions & Interpretation

Unless otherwise defined, the definitions and provisions regarding interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.

2. Purchase of Products

2.1 Your compliance: You agree to comply with all the notices, guidelines, operating rules and policies, and instructions regarding the purchase of Products through the Platform, including any amendments to those as mentioned earlier, issued by YoMarketPlace (whether as part of the use of the Platform or concerning the purchase of Products, on behalf of the seller), from time to time. YoMarketPlace reserves the right to revise these notices, guidelines, operating rules, and policies and instructions at any time, and you are deemed to be aware of and bound by any changes to the preceding upon their publication on the Platform.

2.2 Sellers: Products are sold by "Sellers." YoMarketPlace may be a "Seller" for selected Products. "Seller" may also refer to a third-party other than YoMarketPlace (such party referred to in these Terms & Conditions of Sale as a "Third Party Vendor"). Whether a particular Product is listed for sale on the Platform by YoMarketPlace or a Third-Party Vendor may be stated on the product details page of that Product. Products sold to you by Sellers will be governed by individual Customer Contracts (more details below in Clause 2.6), which:

2.2.1 for Products sold by Third-Party Vendors, shall be agreements entered into directly and only between the Third-Party Vendor and you.

2.2.2 for Products sold by YoMarketPlace, agreements are entered into directly and only between YoMarketPlace and you.

2.3 Product description: While Seller endeavors to provide an accurate description of the Product, neither YoMarketPlace nor Third-Party Vendors warrant that such description is accurate, current, or free from error. If the Product you receive is fundamentally different from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.

2.4 Placing your Order: You may place an Order by completing the Order form on the Platform. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.

2.5 All Orders will be deemed irrevocable and unconditional upon transmission through the Platform, and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and any further reference or notice to you. Nevertheless, in certain circumstances, as stated in Clause 8, you may request to cancel or amend the Order, which Seller will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, the seller is not obliged to give effect to any request to cancel or amend any Order.

2.6 Seller's reservation of rights in respect of Orders: All Orders shall be subject to seller's acceptance in sole discretion, and each Order accepted by Seller (such accepted Order to be referred to as a "Customer Contract") shall constitute a separate contract. You acknowledge that unless you receive a notice from YoMarketPlace confirming your Order, Seller shall not be a party to any legally binding agreements or promises made between the seller and you for the sale or other dealings with the Item(s), and accordingly, the seller shall not be liable for any Losses which may be incurred as a result. To avoid doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion. Please note that there are cases when an order cannot be processed for various reasons. YoMarketPlace reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verification or information, including but not limited to phone number and address before we accept the order.

2.7 Termination by Seller in the event of pricing error: Seller reserves the right to terminate the Customer Contract if a Product has been mispriced on the Platform, in which event YoMarketPlace shall, on behalf of the seller, notify you of such cancellation. Seller or YoMarketPlace shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you. Upon termination of the Customer Contract under this Clause, the seller shall refund the amount charged to you for the Product or Item, subject to the process and timelines of payment providers and/or payment partners, as provided under clause 5.6.2 below.

2.8 Product Warranty: The warranties concerning a Product ("Product Warranty") sold under a Customer Contract shall be as stated by the seller via the Platform, under the "Description" tab for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are unless expressly prohibited by applicable mandatory law, instead of all other terms, warranties, and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties, or conditions concerning the Products supplied.

2.9 Customer's acknowledgment: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement, or representation made by or on behalf of the seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogs or publicity material produced by either YoMarketPlace or Seller. You also acknowledge and agree that to the extent allowed under Zimbabwean law, the exclusion of warranties, exclusion of liability, and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit the seller to provide the Products at lower fees or prices than seller otherwise could and you agree that such exclusions on liability are reasonable.

2.10 No representations or warranties: Without prejudice to the generality of the preceding Clause 2.9 and the extent allowed under Zimbabwean law:

2.10.1 no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Product supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to seller;

2.10.2 any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against YoMarketPlace within fourteen days from the date of delivery or the scheduled delivery of the Product.

2.10.3 YoMarketPlace shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses, and any other type of damages caused by any breach of a Third Party Vendor's implied or express warranty on the Products;

2.10.4 for products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions, and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements;

2.10.5 Seller is not liable for any losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without YoMarketPlace's prior written approval, and the Customer shall indemnify Seller against all Losses arising out of such claims;

2.10.6 Seller shall be under no liability under the above warranty (or any other warranty, condition, or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and

2.10.7 To the extent allowed under Zimbabwean law, the seller shall be under no liability whatsoever regarding any defect in the Product arising after the expiry of the applicable Product Warranty, if any.

2.11 Intellectual Property:

2.11.1 Unless the prior written consent of YoMarketPlace has been obtained. The Customer shall not remove or alter the logos, copyright notices, trademarks, serial numbers, tags, labels, or identifying marks, symbols, or symbols legends affixed to any Products.

2.11.2 Where software applications, drivers or other computer programs and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as "Product Materials") are supplied to the Customer by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of license or use (such as end-user licenses, restrictions or conditions of use) as may be prescribed by the seller or its licensors and must not be used other than strictly following such terms and conditions.

2.11.3 The Customer agrees and acknowledges that the Product Materials shall remain the seller's property or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of the seller or its licensors. Unless otherwise clearly provided in the Order or the prior written consent of YoMarketPlace has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon YoMarketPlace's request.

3. Delivery of Products

3.1 Address: Delivery of the Product shall be made to the address you specify in your Order either by Seller or by YoMarketPlace (or its agents) on behalf of the seller.

3.2 Shipping & packing charges: Shipping and packing charges shall be set out in the Order.

3.3 Tracking: You may track the delivery status at the "Order Tracking" page of the Platform.

3.4 Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the product details page. However, you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances, a Product may become unavailable between updates. All delivery timeframes given are estimates only, and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail, and your Product will be dispatched as soon as it becomes available to the seller. The time for delivery shall not be of the essence, and the seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused.

3.5 Deemed receipt: If you do not receive the Product by the projected delivery date and provided that you inform YoMarketPlace within three days immediately from such projected delivery date, the seller will try, to the best of the seller's ability, to locate and deliver the Product. If YoMarketPlace does not hear from you within three days from such projected delivery date, you shall be deemed to have received the Product subject to your rights under Zimbabwean law.

3.6 Customer's failure to take delivery: If the Customer fails to take delivery of the Product (otherwise than because of any cause beyond the Customer's reasonable control or because of seller's fault), then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.

4. Prices of Products

4.1 Listing Price: The Product payable by a Customer shall be the Listing Price when the Order placed by the Customer is transmitted to the Seller (through the Platform). YoMarketPlace and/or Seller is determined to provide the most accurate pricing information on the Platform to its customers. However, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, YoMarketPlace and/or Seller reserves the right to refuse or cancel any order. If an item is mispriced, YoMarketPlace may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. YoMarketPlace shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.

4.2 Taxes: All Listing Prices are subject to taxes unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

5. Payment

5.1 General: You may pay for the Product using any of the payment methods prescribed by YoMarketPlace from time to time. When you place an Order, actual payment will be charged upon placing an Order before the seller accepts your Order and formation of a Customer Contract. All online payments shall be made to YoMarketPlace, either accepting payment in its own right or as the seller's agent (where Seller is a Third-Party Vendor). You acknowledge that YoMarketPlace is entitled to collect payments from you on behalf of Third-Party Vendors.

5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by YoMarketPlace from time to time.

5.3 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include YoMarketPlace) for any failure, disruption, or error connected with your chosen payment method. YoMarketPlace reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

5.4 Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract.

5.5 Failure to pay: If the Customer fails to make any payment according to the terms and conditions of the payment method selected or payment is canceled for any reason whatsoever, then without prejudice to any other right or remedy available to the Seller, The Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.

5.6 Refund of Payment:

5.6.1 All refunds shall be made via the original payment mechanism and the person who made the actual payment, except for Cash on Delivery, where refunds may be made via YoWallet credit and/or Bank account.

5.6.2 We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The payment processing may take time and is subject to the respective banks and/or payment provider's internal processing timeline.

5.6.3 All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by the Sellers.

5.6.4 All refunds are conditional upon our acceptance of a valid return of the Product.

5.6.5 We reserve the right to modify the mechanism of processing refunds at any time without notice.

5.6.6. The guidelines regarding the refunds process of YoMarketPlace can be accessed Here.

6. Returns/ Replacements/Repairs

6.1 Return Policy: All returns must be done following the instructions set out in the Return Policy Here. Seller is not obliged to agree to any return unless all such instructions are followed to the seller's and YoMarketPlace's satisfaction. Should the seller agree to the return, the Seller will deliver the replacement Product to your specified address.

6.2 Permitted returns: Subject to Clause 6.1, within 14 days and/or seven days, depending on the product, from the date of delivery of the Product, you may return a Product when you:

6.2.1 receive a product that is fundamentally different in nature from the Product specified in the Customer Contract;

6.2.2 receive a faulty or damaged Product;

6.2.3 receive a product that is not as advertised on the Platform;

6.2.4 wrong item is delivered;

6.2.5 receive a product that has missing parts/items; or

6.2.6 receive a product that does not fit (for fashion items).

6.3 Repair, replacement, or price reduction: As an alternative to returning faulty or damaged Products under Clause 6.2, a customer may request a repair or replacement of such Products. Such request shall be irrevocable upon notification of the request to YoMarketPlace, and the Customer may not later elect for a return under Clause 6.2. Where the Products have not been repaired or replaced within a reasonable time, YoMarketPlace may, at its sole discretion, grant to the Customer a reduction of the price in proportion to the reduced value of the Products, provided that under no circumstance shall such reduction exceed 15 percent. (15%) of the price of the affected Products. Upon repair, replacement, or price reduction being made as aforesaid, the Customer shall have no further claim against Seller.

6.4 Replacement Products: When YoMarketPlace has provided replacement Products or given the Customer a refund, the non-conforming Products or parts thereof shall become the seller's property, and upon request, such Products or parts thereof should be shipped back to the seller.

6.5 Risk of damage or loss: Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery, or if the Customer wrongfully fails to take delivery of the Products, the time when the seller (via YoMarketPlace or YoMarketPlace's agents) has tendered delivery of the Products.

6.6 In cases where the customer refuses to take possession of the product without sufficient cause or justification or returns the item without adequate reason or justification, as provided under Clause 6, YoMarketPlace will safely keep the item for a period of fourteen (14) days, reckoned from the date YoMarketPlace receives the product from the customer. After the lapse of such period, the product or item is deemed abandoned by the customer, and YoMarketPlace or Seller may dispose of the product or item. Notwithstanding the foregoing, YoMarketPlace will use its best efforts to return the product to the Customer within the time frame provided.

7. Questions and complaints

If you have any questions or complaints, please contact YoMarketPlace using the "Support Tickets" under “My Panel” on the Platform. YoMarketPlace will liaise with Sellers on your questions and complaints.

8. Termination

8.1 Cancellation by you: You may cancel the Customer Contract before Seller dispatches the Products under such Customer Contract by written notice to YoMarketPlace at the the "Support Tickets" under “My Panel” on the Platform, subject to Clause 2.5. If the Products have already been dispatched, you may not cancel the Customer Contract but may only return the Products in accordance with Clause 6.

8.2 Cancellation by Seller: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, Seller, or YoMarketPlace acting on seller's behalf, may stop any Products in transit, suspend further deliveries to the Customer, and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:

8.2.1 the Products under the Customer Contract being unavailable for any reason;

8.2.2 the Customer being in breach of an obligation under the Customer Contract;

8.2.3 the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer's winding up or dissolution;

8.2.4 the making of an administration order concerning the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer's assets; or

8.2.5 the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.

9. Risk and property of the Goods

9.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, the time when YoMarketPlace has tendered delivery of the Goods.

9.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until YoMarketPlace has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by YoMarketPlace to the Customer for which payment is then due.

9.3 Until the property in the Goods passes to the Customer, the Customer shall hold the Goods as YoMarketPlace's fiduciary agent and bailee and shall keep the Goods separate from those of the Customer.

9.4 The Customer agrees with YoMarketPlace that the Customer shall immediately notify YoMarketPlace of any matter from time to time affecting YoMarketPlace's title to the Goods, and the Customer shall provide YoMarketPlace with any information relating to the Goods as YoMarketPlace may require from time to time.

9.5 Until the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), YoMarketPlace shall be entitled at any time to demand the Customer to deliver up the Goods to YoMarketPlace and in the event of non-compliance. YoMarketPlace reserves its right to take legal action against the Customer to deliver up the Goods and reserves its right to seek damages and all other costs, including but not limited to legal fees against the Customer.

9.6 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of YoMarketPlace. However, if the Customer does so, all amounts of money owing by the Customer to YoMarketPlace shall (without prejudice to any other right or remedy of YoMarketPlace) forthwith become due and payable.

9.7 If the provisions in this Condition 9 are not adequate according to the law of the country in which the Goods are located, the legal concept closest in nature to the retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Customer shall take all steps necessary to give effect to the same.

9.8 The Customer shall indemnify YoMarketPlace, all of its respective officers, employees, directors, agents, and contractors against all loss damages costs, expenses, and legal fees incurred by the Customer in connection with the assertion and enforcement of YoMarketPlace's rights under this condition.

10. Limitation of liability

10.1 Sole remedies of customer: The remedies set out in Clause 6 are the Customer's sole and exclusive remedies for non-conformity of or defects in the products.

10.2 Maximum Liability: Notwithstanding any other provision of these terms & conditions of sale, the seller's maximum cumulative liability to you or to any other party for all losses under, arising out of, or relating to the sale of products under each customer contract will not exceed the sums that you have paid to the seller under such customer contract.

10.3 Exclusion of liability: YoMarketPlace indemnitees shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) amounts due from other users of the Platform in connection with the purchase of any product; (ii) the sale of the products to you, or its use or resale by you; and (iii) any defect arising from fair wear and tear, willful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with seller's instructions on the use of the products (whether oral or written).

11. General

11.1 References to "YoMarketPlace": References to "YoMarketPlace" in these Terms and Conditions of Sale apply both to YoMarketPlace's actions on its behalf as seller and/or as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of every Customer Contract.

11.2 Right to subcontract: Third-Party Vendors or Sellers shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to YoMarketPlace or any of YoMarketPlace's designated service providers, subcontractors, and/or agents.

11.3 Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and Seller's rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies seller may have in law or in equity, and no exercise by the seller of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate to hinder or prevent seller's exercise of any other such right or remedy as at law or in equity.

11.4 Warranties: The implied warranty against hidden defects and the rights of a consumer shall apply.

11.5 No waiver: Seller's failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. The seller would still be entitled to use its rights and remedies in any other situation where you breach these Terms & Conditions of Sale.

11.6 Severability: If at any time any provision of these Terms & Conditions of Sale shall be or shall become illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions of Sale.

11.7 Rights of third parties: A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under any legislation in any jurisdiction to enforce any term of these Terms & Conditions of Sale, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms & Conditions of Sale.

11.8 Governing law: These Terms & Conditions of Sale shall be governed by and construed under the laws of Zimbabwe.

11.9 If any dispute arises in connection with these Terms of Use, the Parties shall attempt to settle such dispute in fair dealing and in good faith. According to the preceding section, if the Parties cannot reach an amicable settlement, they shall try to agree on an appropriate ADR proceeding (for example, mediation, conciliation, expert determination, dispute board, adjudication). If they do not reach an agreement on the appropriate ADR proceeding within 14 days after the failure of the settlement negotiations or if the dispute is not settled through an ADR proceeding within a period of two months after initiation of the ADR preceding, each party may initiate an arbitration proceeding according to the following paragraph.

All disputes arising out of or in connection with the present contract, including any question concerning its existence, validity, or termination, shall be finally settled in accordance with the rules of Zimbabwean law in force at the time, which rules are deemed incorporated by reference into this Clause.

11.10 Injunctive relief: Seller may seek immediate injunctive relief if Seller makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

11.11 Amendments: Seller may by a notice issued jointly with YoMarketPlace through the Platform or by such other method of notification as the seller may designate solely through YoMarketPlace (which may include notification by way of e-mail), vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Seller specifies through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms & Conditions of Sale. Seller's right to vary these Terms & Conditions of Sale in the manner aforesaid will be exercised with the joint involvement of YoMarketPlace (either via the Portal or such other means as YoMarketPlace prescribes) and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Sale. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.

11.12 Correction of errors: Any typographical, clerical, or other error or omission in any acceptance, invoice, or other document on the seller's part shall be subject to correction without any liability on the seller's part.

11.13 Currency: Money references under these Terms & Conditions of Sale shall be in United States Dollars (USD).

11.14 Language: If these Terms & Conditions of Sale are executed or translated in any language other than English ("Foreign Language Version"), the English language version of these Terms & Conditions of Sale shall govern and shall take precedence over the Foreign Language Version.

11.15 Entire agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you and seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications, and agreements concerning the subject matter hereof.

11.16 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by the seller or its service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between the seller and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy, or authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to such an object.

11.17 Subcontracting and delegation: YoMarketPlace reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions of Sale and reserves the right to use any service providers, subcontractors, and/or agents on such terms as YoMarketPlace deems appropriate.

11.18 Assignment: You may not assign your rights under these Terms & Conditions of Sale without Seller's prior written consent. Seller may assign its rights under these Terms & Conditions of Sale to any third party.

11.19 Force Majeure: Neither YoMarketPlace nor Seller shall be liable for non-performance, error, interruption, or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or any inaccuracy, unreliability, or unsuitability of the Platform's and/or Services' contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond YoMarketPlace's or seller's reasonable control.

Schedule 1

Definitions and Interpretation

1. Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:

1.1 "Business Day" means a day (excluding Saturdays and Sundays) on which banks generally are open for business in Zimbabwe.

1.2 "Customer" means an authorized user of the Platform and/or the Services.

1.3 "Customer Contract" shall be as defined in Clause 2.6.

1.4 "Intellectual Property" means all copyright, patents, utility innovations, trademarks, and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

1.5 "YoMarketPlace Indemnitees" means YoMarketPlace, its affiliates, and all of its respective officers, employees, directors, agents, contractors, and assigns.

1.6 "YoMarketPlace" refers to YoMarketPlace E-Services.

1.7 "Listing Price" means the price of Products listed for sale to Customers, as stated on the Platform.

1.8 "Losses" means all losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.

1.9 "Order" means your order for Products sent through the Platform in accordance with the Terms & Conditions of Sale.

1.10 "Password" refers to the valid password that a Customer who has an account with YoMarketPlace may use in conjunction with the Username to access the relevant Platform and/or Services.

1.11 "Personal Data" means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number, and credit card information.

1.12 "Platform" means (a) both the web and mobile versions of the website operated and/or owned by YoMarketPlace, which is presently located at the following URL: www.yomarketplace.online (b) the mobile applications made available from time to time by YoMarketPlace, including the iOS and Android versions.

1.13 "Product" means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.

1.14 "Product Warranty" means the warranty provided for a product sold on the Platform.

1.15 "Return Policy" means the return policy set out Here.

1.16 "Third Party Vendor" means a seller with YoMarketPlace's permission, uses the Platform and/or Services to sell Products to Customers, and excludes YoMarketPlace.

1.17 "Seller" means a seller of Products as described in Clause 2.3 and includes a Third Party Vendor.

1.18 "Services" means services, information, and functions made available by Seller at the Platform.

1.19 "Terms & Conditions of Sale" means Clauses 1 to 11 and any Schedules to these terms and conditions.

1.20 "Terms of Use" means the Terms And Conditions governing the Customer's use of the Platform and/or Services.

1.21 "Trademarks" means the trademarks, service marks, trade names, and logos used and displayed on the Platform, including the YoMarketPlace trademark, which is property of YoMarketPlace South East Asia Pte. Ltd.

1.22 "Username" refers to the unique login identification name or code that identifies a Customer with an account with YoMarketPlace.

1.23 "Voucher" means a voucher for credit that a Customer may use, subject to other terms and conditions, towards the payment of purchases on the Platform.

1.24 "you" and "your" refer to individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.

2. Interpretation: Any reference in these Terms & Conditions of Sale to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted, or extended at the relevant time. In these Terms & Conditions of Sale, whenever the words "include," "includes," or "including" are used, they will be deemed to be followed by the words "without limitation." Unless expressly indicated otherwise, all references to several days mean calendar days, and the words "month" or "monthly," as well as all references to several months, mean calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms & Conditions of Sale. In the event of a conflict or inconsistency between any two or more provisions under these Terms & Conditions of Sale, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of YoMarketPlace, and the provision which is more favorable to YoMarketPlace shall prevail.

Last Updated: January 1, 2021.