General Terms of Use

These Terms of Use (these “Terms of Use”) is an agreement between you and Salescabal Limited (doing business as ‘Bumpa’) (“Bumpa”) and contain the terms and conditions governing your use of and access to our website at https://getbumpa.com and all other affiliated websites, and mobile applications, owned and controlled by us (collectively the or our “Websites”, each a “Website”) and our products and services (together with the Websites, the or our “Services”, each a “Service”). By using the Website or the Services, you agree to these Terms of Use.

The Privacy Policy, Acceptable Use Policy, and Merchant Terms of Service (where applicable) are incorporated by reference into these Terms of Use. Before you continue using our Websites or Services, we advise you to read these additional terms which may apply to your use of the Website or Services. It will help you to better understand our practices.

As used in these Terms, “You” and “your” mean the person or business using or accessing the Services and any of their affiliates. “We,” “us,” and “our” mean Bumpa and its successors, assignees, and affiliates (where applicable).

1. About Us

1.1 Bumpa provides technology infrastructure to businesses enabling them to sell, keep track of transactions, and engage with their customers, offline and online.

1.2 Bumpa provides a complete commerce platform that enables merchants to unify their commerce activities. Among other features, this platform includes a range of tools for merchants to build and customize online stores, sell in multiple places (including web, mobile, social media, online marketplaces and other online locations and in person), manage products, inventory, payments, fulfillment, shipping, business operations, marketing and advertising, and engage with existing and potential customers. Any new features or tools which are added to the current Services will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time on our Website.

2. Relationship

2.1 We are an independent contractor for all purposes, providing the Website and our Services on an independent service provider basis. We do not have control over, or assume, the genuineness of, liability or legality for, the products or services that are paid for with our Services. We do not guarantee any user’s identity and cannot ensure that a buyer or seller will complete a transaction.

2.2 These Terms of Use is an agreement between you and Bumpa. It also highlights certain risks on using our Services and you must consider such risks carefully as you will be bound by the provision of this agreement through your use of the Website or any of our Services.

3. Privacy Policy

Bumpa is committed to managing your personal information in line with global industry best practices. You can read our Privacy Policy to understand how we use your information and the steps we take to protect your information.

4. Copyright

Content published on the Website (digital downloads, images, texts, graphics, logos etc.) is the property of Bumpa unless otherwise indicated. The entire compilation of the content found on the Website is the exclusive property of Bumpa, with copyright authorship for the compilation by Bumpa.

5. Your Content

5.1 “Your Content” means any audio, video, text, images, or other material you choose to display on the Website or our Services. By displaying Your Content, you grant Bumpa a non-exclusive, worldwide, irrevocable, sub licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.

5.2 Your Content must be your own and must not be invading any third-party's rights. Bumpa reserves the right to remove any of Your Content from the Website at any time without notice.

5.3 You are however responsible for Your Content. This means you assume all risks related to it, including someone else’s reliance on its accuracy or claims relating to intellectual property or other legal rights. You agree that you will indemnify, defend and hold harmless Bumpa for all claims resulting from Your Content. But we reserve the right to assume the exclusive defence and control of such disputes, and in any event, you will cooperate with us in asserting any available defences.

6. Restrictions on our Website

6.1 You are specifically restricted from any or all of the following:

• Publishing any Website material in any other media;

• Selling, sublicensing or otherwise commercializing any Website material;

• Using the Website in any way that is or may be damaging to the Website, Services or Bumpa;

• Using the Website in any way that adversely impacts user access to this Website;

• Using the Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity; and

• Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Website.

6.2 We reserve the right to suspend or restrict access to our Website, to areas of our Website or to functionalities on our Website in our absolute discretion. We may, for example, suspend access to the Website during server maintenance or when we update the Website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.

6.3 You must not (a) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability, accessibility, integrity or security of the Website; (b) use our Website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (c) hack or otherwise tamper with our Website; (d) probe, scan or test the vulnerability of our Website without our permission; (e) circumvent any authentication or security systems or processes on or relating to our Website; (f) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (g) impose an unreasonably large load on our Website resources (including bandwidth, storage capacity and processing capacity); (h) decrypt or decipher any communications sent by or to our website without our permission; (i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent; (j) access or otherwise interact with our Website using any robot, spider or other automated means, except for the purpose of search engine indexing; (k) use our Website except by means of our public interfaces; (l) violate the directives set out in the robots.txt file for our Website; (m) use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or (n) do anything that interferes with the normal use of our Website.

7. Age Restriction

Our website and Services are not directed to children under 18 years of age. We do not knowingly transact or provide any Services to children under 18 years of age.

8. Acceptable Use Policy

You are independently responsible for complying with all applicable laws related to your use of our Website and Services. However, by accessing or using our Services, you agree to comply with the terms and conditions of our Acceptable Use Policy which you can read on our Acceptable Use Policy page.

9. Disclaimers

9.1 THE WEBSITE, ALL THE MATERIALS AND PRODUCTS (INCLUDING BUT NOT LIMITED TO SOFTWARE) AND THE SERVICES, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EXCEPT OTHERWISE EXPRESSLY SPECIFIED IN WRITING. WITHOUT PREJUDICE TO THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE WEBSITE OR SERVICES WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL; OR (B) THE INFORMATION ON THE WEBSITE OR THE SERVICES IS COMPLETE, TRUE, ACCURATE OR NON-MISLEADING. WE WILL NOT BE LIABLE TO YOU IN ANY WAY OR IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH THE WEBSITE OR SERVICES.

9.2 Bumpa does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

10. Limitation of Liability

10.1 Whilst we make every effort to keep the materials and information on the Website accurate, we disclaim any warranty or representation, expressed or implied about the material’s and or information’s (or the Website’s) accuracy, completeness or appropriateness for a particular purpose. Thus, by using the Website or the Services, you assume full responsibility for using the materials and information on this Website and you understand and agree that neither we nor our suppliers, employees, managers, or directors are responsible or liable for any claim, loss, damage, costs or expenses whatsoever resulting from its use.

10.2 We also recommends that you install appropriate defences against viruses and other malware before you download any information from the Website or Services. We will accept no liability for any virus or malware contracted as a result of visiting the Website or any website or using the Services and will not be liable for any claim, loss, damage, costs or expenses whatsoever suffered or incurred by any person as a result of the presence of any virus or malware on the Website, Services or another website or mobile application.

10.3 NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY APPLICABLE LAW. SUBJECT TO THIS QUALIFICATION, BUMPA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS FOR: LOSS OF PROFITS; LOSS OF REVENUE; LOSS OF ANTICIPATED SAVINGS; LOSS, DESTRUCTION OR CORRUPTION OF DATA; LOSS OF CONTRACT OR BUSINESS OPPORTUNITY; LOSS OF GOODWILL; MALFUNCTION; DELAYS; INTERRUPTION OF SERVICES; THIRD-PARTY CLAIMS FOR DAMAGES AGAINST YOU; OR INDIRECT OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER AND HOWEVER CAUSED, WHETHER OR NOT REASONABLY FORESEEABLE, REASONABLY CONTEMPLATABLE, OR ACTUALLY FORESEEN OR ACTUALLY CONTEMPLATED, BY BUMPA AT THE TIME OF ENTERING INTO THESE TERMS. AND IN NO EVENT SHALL BUMPA’S CUMULATIVE LIABILITY EXCEED THE TOTAL PRICE PAID BY YOU FOR THE RELEVANT SERVICE AND IF NO PAYMENT HAS BEEN MADE BY YOU, BUMPA’S CUMULATIVE LIABILITY SHALL NOT EXCEED 10,000 NAIRA.

11. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Bumpa may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Bumpa’s liability shall be the minimum permitted under such applicable law.

12. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Bumpa, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and or all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) caused by, arising out of or resulting from your acts or omissions of negligence or wrongdoing or your breach of any of these Terms.

13. Termination

13.1 We may terminate or suspend access to any or all parts of our Services immediately, without prior notice and without liability, for any or no reason whatsoever, including without limitation for breach of the Terms.

13.2 We also reserve the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any change may have on you, including your income or ability to generate revenue through the Services.

13.3 All provisions of the Terms which by their nature should survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination.

14. Links to other websites

Our Services may contain links to third-party websites or services that are not owned or controlled by us. Bumpa has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Bumpa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

15. Our role

15.1 You acknowledge that (a) we do not confirm the identity of all Website or Services users, check their credit worthiness or bona fides, or otherwise vet them; (b) we are not a party to any contract for the sale or purchase of products; (d) we are not involved in any transaction between a buyer and a seller in any way, and (e) we are not the agents for any buyer or seller and accordingly we will not be liable to any person in relation to an offer for sale, sale, purchase, payment for, or delivery of any products. We are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any goods or products and we will have no obligation to mediate between the parties to any such contract.

15.2 We do not warrant or represent (a) the completeness or accuracy of the information published on our Website or the Services; (b) that the material on the Website or the Services is up to date; (c) that the Website will operate without fault; or (d) that the Website or any product or service on the Website or the Services will remain available.

15.3 We reserve the right to discontinue or alter any or all of our Services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation. We do not guarantee any commercial results concerning the use of the Website or Services. To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these Terms, our Website and the use of our Website and Services.

16. Updates, Modifications & Amendments

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time and by using the Services you are expected to review these Terms of Use on a regular basis. It is therefore important that you review these Terms of Use regularly to ensure you are updated on any changes.

17. Applicable Law

These Terms of Use shall be interpreted and governed by the laws in force in Lagos State of the Federal Republic of Nigeria unless otherwise provided.

18. Legal Disputes

18.1 Parties shall in good faith attempt to settle any dispute arising out of these Terms of Use amicably by mutual agreement or negotiation within two months from when the dispute arose, after which any of the parties may refer the dispute to a court of competent jurisdiction for resolution.

18.2 The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Lagos State of Nigeria with respect to any dispute or claim arising out of or in connection with the Terms of Use. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use and is hereby expressly excluded.

19. Severability

Every provision of these Terms of Use is distinct and severable. If a provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions will continue in effect. If any unlawful or unenforceable provision of these Terms 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 shall continue in effect.

20. Entire Agreement

20.1 These Terms, together with the documents it expressly incorporates by reference and the documents those documents expressly incorporate by reference (the “Agreements”), constitute the entire agreement between Bumpa and you and supersede all prior or contemporaneous arrangements, proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Bumpa and you relating to the subject matter of any contract to the fullest extent permitted by law. These Terms may not be explained or supplemented by any prior course of dealings or trade, or by custom or usage.

20.2 The Agreements shall be read as one document and shall be interpreted to harmonize, and not conflict, with each other. In the event of an inevitable conflict amongst any part of the Agreements, the Merchant Terms of Service shall prevail as it concerns the relationship with Merchants and the Privacy Policy shall prevail on the subject of data privacy; otherwise, the following order of precedence shall apply but only to the extent required to resolve such conflict: (a) the General Terms of Use, (b) the Acceptable Use Policy, (c) the Merchant Term of Service Agreement, (d) Privacy Policy, and (e) other documents.

21. Miscellaneous

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms of Use to any third party is prohibited. We reserve the right to transfer, assign or subcontract the benefit of the whole or part of any rights or obligations under these Terms of Use to any third party.

22. Contact us

Our current operational address is at No. 16 Amaechi Onuoha Crescent, Edgewaters Estate, Lekki Phase 1, Lagos, Nigeria. You can contact us by mail at the above address, by email at [email protected] or through Bumpa Support.

Last Updated on: 25 November 2022