Terms for Sellers

Last Updated: 15 December, 2021
1. Introduction

Welcome to SabiMall.com ("SabiMall," "Website" or the "Site"). Big Sabi, Inc. ("BigSabi," "we," "us" or "our") a Delaware corporation, owns and operates the SabiMall, an online marketplace through https://www.sabimall.com and related mobile and software applications (the “Services”).

These terms apply when you list items for sale on SabiMall (https://www.sabimall.com) or access our services and websites (our ‘Website’, ‘Websites’). They’re important for both of us as they explain clearly what we expect from you and what you should expect from us, and they also provide you important and helpful information. Of course, if there's any information that you need, please get in touch with the Sabi Team on sell@sabimall.com.

2. Changes to these Terms

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms from time to time. For example, we might need to add new terms, or amend existing terms to reflect changes in:

  • how our business operates;
  • the legal or regulatory requirements that we must comply with;
  • our Services or how we provide them;
  • technologies, standards and customer concerns.

When changes are made, we will update the “Last Updated” date at the top of this page. Any changes we make to these Terms are effective immediately when we post them. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes. It is your responsibility to check these Terms periodically for changes. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

In the event of a significant change to one or more of the clauses in these terms, we will notify you of the change in advance by giving you at least 30 days’ notice, including your right to terminate your account with SabiMall if you disagree with the revised terms. If you do not terminate your account with SabiMall before the date the revised terms become effective, your continued use of or access to our website or the Service will constitute acceptance of the revised terms. We recommend you print a copy of the terms to keep for your own reference.

3. Setting up a shop on SabiMall

In order to start selling on SabiMall, you must first create an account. To do so, please click here.

To get the privileges of a shop on SabiMall, you will need to send a shop opening request by clicking "Start Selling Now" on the top right corner of any page on the SabiMall website. You may close your SabiMall shop at any time.

You may not transfer or sell your SabiMall shop account or User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to these terms.

By setting up a SabiMall shop you must:

  • be a registered business in Nigeria
  • be at least 18 years old
  • agree to comply with these terms and the Code of Conduct (details of which are set out below) and
  • keep your account information (including your password) secure at all times.

You are responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality!

SabiMall reserves the right to refuse service to anyone, including restricting, suspending or terminating Shops that breach these terms or its Code of Conduct.

4. Selling on SabiMall

By listing an item for sale on your Shop, you confirm that the item complies with the Code of Conduct and that you have the right to sell the item.

The price stated in each item listing description must be an accurate representation of the sale. Shops may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items, however Shops may not charge excessive shipping fees or otherwise avoid fees.

All sales are final and binding. The Shop is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 20 days of the order being placed, unless the following exceptional circumstances apply:

  • the buyer fails to meet the terms of the Shop's listing such as not providing a valid payment method
  • the shop cannot authenticate the buyer's identity; or
  • the item purchased includes made to order items.

You must ensure that the following obligations are met:

  • You hereby agree that the descriptions, images, and other content pertaining to the Product on the Website is accurate and corresponds directly with the appearance, nature, quality, purpose and other general features of the Product. Further, if the Product description does not match the actual condition of the Product, you agree to refund any amounts that you may have received from the buying User.
  • All listed items on the Website must be listed in an appropriate category on the Website
  • All listed items on the Website must be kept in stock for successful fulfilment of sales
  • You agree to provide SabiMall any and all information requested by SabiMall under the applicable law
  • You agree not to falsely represent yourself as a consumer and post reviews about Products or misrepresent the quality or the features of any Products.

Please note, SabiMall does not support the drop shipping business model. If a Shop is thought to be running their business as a drop shipper, then we may remove that Shop from the Website without notice or prior warning.

5. Fees and Payment

COMMISSION FEES:

SabiMall will earn a Commission Fee equal to a percentage of the total purchase price from each sale of Seller’s items through SabiMall. SabiMall may decrease the Commission Fees charged at any time in its sole discretion, however we will give you at least 30 days' notice via SabiMall website or any other channel(s) that SabiMall deems appropriate, of any increase in the Commission Fee.

Further information as to the fees charged for Shops can be found here (the ‘Commission Fees’).

Your earnings from sales you make on the SabiMall will generally be paid to you, minus the Commission Fee, within 7 days after your sold item has been received and accepted by the buyer.

6. SabiMall's Features

SabiMall may, from time to time, introduce new services or features to SabiMall or limit, alter, modify or discontinue existing services or features at its sole discretion. If any such changes include material changes that affect the way you use SabiMall, a notice of such changes will be provided to you thirty (30) days in advance via the SabiMall website or any other means of communication that SabiMall may deem as suitable.

For questions about Commission Fees, please contact SabiMall at sell@sabimall.com.

7. SabiMall’ Intellectual Property

SabiMall, and any other SabiMall graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Big Sabi, Inc. and its subsidiaries.

You may use the “Find me on SabiMall” badge to advertise and promote your listings, however SabiMall reserves the right to ask a Shop to remove this badge in its sole discretion if it considers the use to be unreasonable or detrimental to SabiMall.

SabiMall considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Website or otherwise (other than the Content posted by you (as set out below) and the tangible items sold on the Website by shops) (collectively, the "Material") to be non-confidential and non-proprietary, and SabiMall shall not be liable for the disclosure or use of such Material. If, at SabiMall's request, you send Material to improve the Website (for example to customer support), SabiMall will also consider that Material to be non-confidential and non-proprietary and SabiMall will not be liable for use or disclosure of the Material. Any communication by you to SabiMall is subject to these terms.

8. Your Intellectual Property

You hereby grant SabiMall a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, database rights and all other intellectual property rights you have in any logos, trade marks, brand names, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you on SabiMall (“Content”), in any media now known or not currently known. You agree to allow SabiMall to store or re-format your Content on SabiMall and display your Content on other Big Sabi, Inc. websites, SabiMall, third party comparison sites and digital advertising (including but not limited to use on SabiMall approved third party affiliate and/or partner websites and retargeting creative and smart display advertising and/or in web banner creative displayed on websites across the internet) in any way as SabiMall chooses, acting reasonably.

You also grant and agree to grant SabiMall, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material on other Big Sabi, Inc. websites, SabiMall, third party comparison sites and digital advertising (including but not limited to use on SabiMall approved third party affiliate and/or partner websites and retargeting creative and smart display advertising and/or in web banner creative displayed on websites across the internet for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

In addition, you waive all moral rights you have in the Content and the Material to the fullest extent permitted by law.

By uploading Content to SabiMall you promise that you own and/or have the right to use such Content and that the Content does not infringe any third-party intellectual property rights. If SabiMall receives a complaint in respect of any Content posted by you, it shall be your sole responsibility to deal with such a complaint and to compensate SabiMall for any loss suffered. SabiMall reserves the right to remove any such Content immediately upon receipt of a complaint.

By posting Content on SabiMall, it is possible for an outside website or a third party to re-post that Content. You agree to hold SabiMall harmless for any dispute concerning this use. If you choose to display your own SabiMall-hosted image on another website, the image must provide a link back to its listing page on SabiMall.

9. Code of Conduct

Our Code of Conduct is in place to ensure a trusted environment and the best possible experience for all users of SabiMall.

When you set up a Shop you agree to comply with the terms, all applicable local laws regarding online conduct and this Code of Conduct which includes the following SabiMall policies which may be updated from time to time:

You are solely responsible for your conduct and activities on your Shop. Your Shop and your use of SabiMall must not:

  • be false, inaccurate or misleading
  • be fraudulent or involve the sale of illegal, counterfeit or stolen items
  • contain items that have been identified as hazardous to consumers
  • include the sale or offer for sale of promotional codes for a Shop or any Big Sabi Website
  • list any item on SabiMall (or conclude any transaction that was initiated using SabiMall's service) that, by paying to SabiMall a commission fee, could cause SabiMall to violate any applicable law, statute, ordinance or regulation, or that violates these terms, including any bribery regulations
  • be obscene, defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including SabiMall staff or other users)
  • modify, adapt or hack SabiMall or modify another website to falsely imply that it is associated with SabiMall
  • link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under these Terms or other policy documents as posted on SabiMall

We know it’s obvious, but you must not misuse or tamper with our Website or other services (e.g. hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material or carry out denial of service attacks etc) or otherwise mess with our tech or functionality or steal our or our customers’ data. Doing any of these things may be a criminal offence, but they also get in the way of us giving our loyal Big Sabi customers the best service, so we take them really seriously. Big Sabi will report any such breach or activity (and all information about the people carrying it out) to the relevant law enforcement authorities.

We recommend you use virus protection software when using any website, including ours. Although we have a dedicated team who work hard to stop people messing with our Website, we can’t guarantee that it will always be secure from bugs, viruses or troublemakers.

Oh, and you’re not allowed to use automated systems or software to extract data from our Website (AKA 'screen scraping').

Troublemakers take note: you agree to indemnify, defend and hold harmless Big Sabi, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use (or misuse) of this Website or your breach of the Terms and Conditions.

10. Linking to this Website

It’s fine for you to link to sabimall.com, as long as you do so in a way that is not commercial, is fair and legal, and doesn’t damage or take advantage of our reputation.

Please don’t link in a way that suggests any form of approval or endorsement by SabiMall where none exists.

Our Website must not be framed on any other site without our permission.

11. Interactions with customers & other shops

You are solely responsible for how you interact with other users (whether customers or other shop owners (“Users”)) on the Website. You understand that SabiMall does not in any way screen its Users and all Users agree to exercise caution and good judgment in all interactions with others.

Without limiting any other remedies, SabiMall may, without notice, and without refunding any fees, delay or immediately remove Content, warn SabiMall's community of a User's actions, issue a warning to a User, temporarily suspend a Shop, temporarily or indefinitely suspend a User's account privileges, terminate a User's account, prohibit access to the Website, and take technical and legal steps to keep a user off the Website and refuse to provide services to a User if any of the following apply:

  • SabiMall suspects a User has breached these terms or other policy documents and community guidelines incorporated herein;
  • SabiMall is unable to verify or authenticate any of your personal information or Content; and/or
  • SabiMall believes that a User is acting inconsistently with the letter or spirit of SabiMall's Code of Conduct and/or these terms, has engaged in improper or fraudulent activity in connection with SabiMall or the actions may cause legal liability or financial loss to SabiMall's users or to SabiMall.

Messaging is your way to communicate privately with other Users. Messages are primarily intended for communicating about transactions and orders that are underway. You must not:

  • use messages to send unsolicited advertising or promotions, request samples, loans, donations or "spam”
  • pass on email addresses or any other information on to third parties.
  • spam other shops in order to ask them to ‘follow’ your own shops
  • use messages to knowingly harass, threaten, blackmail or abuse another User.
  • use messages to interfere with a transaction, including:
    • contacting a User to buy or sell an item listed on SabiMall outside of the SabiMall Website (i.e. fee avoidance); or
    • communicating with a User involved in an active or completed transaction to warn the User away from a particular buyer, shop or item.

Please note: as an anti-spam measure, sending too many messages too quickly may auto-disable your account. Please contact the SabiMall Team who will review account activity and enable your account if spam-free.

12. Your Information

Except as detailed below, SabiMall will only use personal information in accordance with the SabiMall Privacy Notice.

How we use the Personal Details you provide when your register your Shop.

WHAT WE DO WHY WE DO IT WHY WE NEED TO DO IT
Identify you when you visit our website or contact us Manage your SabiMall Shop account in accordance with the Terms and Conditions of our Marketplace Send you account and service updates, such as updates to the Terms and Conditions of our Marketplace
Checking your identity helps us to keep your information safe from fraudsters We may need to contact you about your account and we will need to respond to you when you contact us To keep you informed of any changes to SabiMall services
Legally, we have to do this and it is also important for us Legally, we have to do this, it’s an important part of our contract commitment to you. Legally, we have to do this, it’s an important part of our contract commitment to you.
Manage your participation in any SabiMall promotions To ensure you receive the services you have asked for We will treat this as an important contract commitment to you if you choose to participate

This information includes your Shop name, Shop contact number, other website links and/or store names that you sell on, your social media accounts, and your Shop background information.

Your rights in relation to your personal information and details of the information we share with third parties are listed in the SabiMall Privacy Notice.

As part of a transaction, you may obtain personal information, including email addresses and shipping information, from a User. Without obtaining prior permission from the User, this personal information shall only be used for that transaction or for SabiMall-related communications regarding the transaction. Without obtaining consent from the User, you shall not add the User to your marketing or mailing list.

13. SabiMall Disputes

In the event that a Shop wishes to make a complaint against SabiMall concerning the Website or the services provided by SabiMall, the Shop owner can contact complaints@sabimall.com.

Account Activity. You understand that you are solely responsible for all information submitted by you through the Services and that ShopStyle will not be liable for any errors or omissions in any such information.

Any dispute arising from or relating to the subject matter of these terms shall be subject to the exclusive jurisdiction of the courts of Nigeria. Use of the Website is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

For transactions completed by PayPal, SabiMall will not make judgements regarding legal issues or claims, and all disputes related to financial transactions will ultimately be determined by PayPal.

For transactions completed by Stripe, SabiMall will not make judgements regarding legal issues or claims. SabiMall will only intervene when a shop does not resolve a financial transaction which they are rightfully obliged to, in line with these terms and conditions.

14. Liability limit

You will not hold SabiMall responsible for any loss you may incur as a result of SabiMall taking any of the actions described in the Terms of Use, Privacy Policy or Intellectual Property Policy above nor for other Users' actions or inactions, including, without limitation, things they post, items they list or their destruction of allegedly fake items.

Should you have a dispute with one or more Users, or an outside party, you release SabiMall (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

In no event shall SabiMall, and (as applicable) its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website, SabiMall’s services, or these terms, including without limitation, lost profits, emotional distress, or any special, incidental or consequential damages.

SabiMall’s liability, and (as applicable) the liability of SabiMall’s officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to SabiMall in the 12 months prior to the action giving rise to liability, or (b) $100.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Nothing in these terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

15. Indemnity

You agree to indemnify and hold SabiMall and (as applicable) SabiMall’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms or the documents it incorporates by reference, or your breach of any law or the rights of a third party.

16. Breaches of these terms and conditions

Without prejudice to SabiMall's other rights under these terms and conditions, if you breach these terms and conditions in any way, SabiMall may take such action as SabiMall deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

17. Assignment

SabiMall may transfer, sub-contract or otherwise deal with SabiMall's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

18. Severability

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

19. Entire agreement

These terms and conditions, together with SabiMall's Privacy Policy constitute the entire agreement between you and SabiMall in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

20. Legal

By using SabiMall, you agree to comply with all applicable domestic and international laws and regulations regarding your use of the Website and any of the Website’s Features including the listing and sale of items via a Shop.

21. Governing Law

These terms and our dealings with you are subject to the laws of California, USA and the exclusive jurisdiction of the courts of California, USA.


Contact Us
If you have any questions regarding this Terms, you can contact us anytime via our contact page or email us at legal@bigsabi.com or by mail at Big Sabi, Inc., 1455 Northwest Leary Way, West Woodland, Suite 400, Seattle, WA 98107, United States.
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