MOJA’S MARKETPLACE RULES
1. Accepting These Terms
These are Moja’s marketplace rules, or what we officially call our Terms of Use (the “Terms” for short).
The Terms are a legally binding contract between you and Moja. Disputes with Moja, contain an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use our mobile apps or websites, and any other services provided by Moja. By using our apps and websites (even just browsing with our apps or on our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our apps or websites.
Moja’s apps and websites connect people across Africa and around the world, both online and offline, to make, sell, and buy goods and services of every kind. Here’s a guide to help you understand the specific rules that are relevant for you, depending on how you use the apps and websites:
Our Marketplace Rules for Everyone.
If you use our apps and websites, you agree to these Terms and our Privacy Policy.
Our House Rules for Sellers.
If you list any items for sale on our apps and websites, these policies apply to you.
Our House Rules for Buyers.
If you use our apps and websites to browse or shop, these policies apply to you.
2. Your Privacy
We know your personal information is important to you, so it’s important to us. Our privacy policy details how your information is used when you use our apps and websites. By using our apps and websites, you're also agreeing that we can process your information in the ways set out in the privacy policy.
Both Moja and individual sellers process buyers’ personal information (for example, buyer name, email address, and shipping address or location) and are therefore considered separate and independent data controllers of buyers’ personal information. That means that each seller or store is responsible for the personal information it processes in using the apps and websites. For example, if a seller or store accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller or store, not Moja, will be responsible for that unauthorized disclosure.
If, however, Moja and sellers are found to be joint data controllers of buyers’ personal information, and if Moja is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of a buyer’s personal information, you agree to indemnify Moja for the expenses it occurs in connection with your processing of buyer personal information.
3. Your Account with Moja
Buyers and Sellers need to create an account with Moja to use our apps and websites. Here are a few rules about accounts with Moja:
A. You must be 18 or older to use our apps and websites. Otherwise, if you are 13 or older, you may only use our apps and websites under the supervision of a parent or legal guardian who manages your account. Children under 13 are not permitted to use Moja or the apps and websites.
B. Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
C. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
D. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
E. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Moja.
4. Your Content
Content that you post on our apps and websites is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our apps and websites (like business names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. Responsibility for Your Content.
You understand that you are solely responsible for your content. You represent that you have all necessary rights to your content and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content.
By posting your content on our apps and websites, you grant Moja a license to use it. We don’t claim any ownership to your content, but we have your permission to use it to help Moja function and grow. That way, we won’t infringe any rights you have in your content and we can help promote your stuff.
C. Rights You Grant Moja.
By posting your content, you grant Moja a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content on our apps and websites and to promote Moja, your Moja shop (i.e. your digital storefrone), or our apps and websites in general, in any formats and through any channels, including across any Moja apps and websites or third-party website or advertising medium.
That sounds like a lot, but it’s necessary for us to keep Moja going. Consider these examples: if you upload a photo of a listing on your Moja shop, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our mobile apps; if you post a description in English, we can translate it into French so a buyer in Abidjan can learn the story behind your item; and if you post a beautiful photo of your latest product or service, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Moja’s.
D. Reporting Unauthorized Content.
Moja has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the apps and websites. If content that you own or have rights to has been posted to the apps and websites without your permission and you want it removed, please give Moja notice immediately. If your content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
E. Inappropriate, False, or Misleading Content.
This should be common sense, but there are certain types of content we don’t want posted on Moja’s apps and websites (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our prohibited items policy or any part of our Terms. You also agree not to post any content that is false and misleading or uses the apps and websites in a manner that is fraudulent or deceptive.
5. Your Use of Our Apps and Websites
License to Use Our Services.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our apps and websites - subject to the Terms and the following restrictions in particular:
A. Don’t Use Our Apps and Websites to Break the Law.
You agree that you will not violate any laws in connection with your use of the apps and websites. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; you must not engage in fraud, theft, money laundering, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Moja, another Moja user, or a third party.
B. Pay Your Bills.
You are responsible for paying all fees that you owe to Moja. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our apps and websites.
C. Don’t Steal Our Stuff.
You agree not to “crawl,” “scrape,” or “spider” any page of the apps and websites or to reverse engineer or attempt to obtain the source code of the apps and websites.
D. Don’t Try to Harm Our Systems.
You agree not to interfere with or try to disrupt our apps and websites, for example by distributing a virus or other harmful computer code.
E. Follow Our Trademark Policy.
The names “Moja,” "Moja Market," Moja Pay, and other Moja marks, phrases, logos, and designs that we use in connection with our apps and websites, are trademarks, service marks, or trade dress of Moja in countries in Africa and around the world.
F. Share Your Ideas.
We love your suggestions and ideas! They can help us improve your experience and our apps and websites. Any unsolicited ideas or other materials you submit to Moja (not including your content or items you sell through our apps and websites) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
7. Termination
Termination By You.
We'd hate to see you go, but you may terminate your account with Moja at any time from your account settings. Terminating your account will not affect the availability of some of your content that you posted on our apps and websites prior to termination. Oh, and you’ll still have to pay any outstanding bills.
Termination By Moja.
We may terminate or suspend your account (and any related accounts) and your access to the apps and websites at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our apps and websites, for example, to sell or buy on our websites or mobile apps. Moja may refuse service to anyone, at any time, for any reason. If you or Moja terminate your account, you may lose any information associated with your account, including your content.
We May Discontinue the Apps and Websites.
Moja reserves the right to change, suspend, or discontinue its apps and websites at any time, for any reason. We will not be liable to you for the effect that any changes to the apps and websites may have on you, including your income or your ability to generate revenue through the apps and websites.
Survival.
The Terms will remain in effect even after your access to the Moja apps and websites is terminated, or your use of the Moja apps and websites ends.
7. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Items You Purchase.
You understand that Moja does not own, manufacture, store, or inspect any of the items sold through our apps and websites. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Moja can't and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Moja from any claims related to items sold through our apps and websites, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access.
We make no representations concerning any content posted by users through the apps and websites. Moja is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the apps and websites. You release us from all liability relating to that content.
People You Interact With.
You can use the apps and websites to interact with other individuals, either online or in person. However, you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others.
Third-Party Services.
Our apps and websites may contain links to third-party websites or apps and websites that we don’t own or control (for example, links to Facebook and Twitter). You may also need to use a third party’s product or service in order to use our apps and websites (like a compatible mobile device to use our mobile apps). When you access these third-party apps and websites, you do so at your own risk. The third parties may require you to accept their own terms of use. Moja is not a party to those agreements; they are solely between you and the third party.
Promotions.
You acknowledge that Moja does not make any warranties with respect to promotions. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
Warranties.
Moja is dedicated to making our apps and websites the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our apps and websites are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the apps and websites will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the apps and websites will be free of viruses or other harmful materials; or (iv) the results of using the apps and websites will meet your expectations. You use the apps and websites solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits.
To the fullest extent permitted by law, neither Moja, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the apps and websites or these Terms. In no event shall Moja’s aggregate liability for any damages that exceed the greater of one hundred ($100) US Dollars or the amount you paid Moja in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
8. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if Moja gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Moja (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our apps and websites, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
9. Disputes with Other Users
If you find yourself in a dispute with another user of Moja’s apps and websites or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. Moja will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Moja has no obligation to resolve any disputes.
Release of Moja.
You release Moja from any claims, demands, and damages arising out of disputes with other users or parties.
10. Disputes with Moja
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our apps and websites:
A. Governing Law.
The Terms are governed by the laws of the State of Michigan, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
B. Arbitration.
You and Moja agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
Any arbitration under the Terms will take place on an individual basis - class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Moja are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
C. Costs of Arbitration.
Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules.
D. Forum.
We’re based in Grand Rapids, Michigan, USA, so any legal action against Moja related to our apps and websites must be filed and take place in Grand Rapids. That means the seat of any arbitration shall be Michigan. For any actions not subject to arbitration, you (where your contract is with Moja Market, LLC) and Moja agree to submit to the personal jurisdiction of a state court located in Kent County, Michigan or the United States District Court for the Western District of Michigan.
E. Modifications.
If we make any changes to this section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Moja prior to the date the changes became effective. Moja will notify you of substantive changes to this section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Moja a written notification (including email) or close your account within those 30 days.
By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Moja in accordance with the provisions of this section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
11. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the apps and websites or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the apps and websites. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the apps and websites following the changes constitutes your acceptance of the updated Terms.
12. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Moja regarding the apps and websites. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
PROHIBITED ITEMS POLICY
Moja is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from listing on the Moja apps and websites. Some items present legal risks to our buyers and sellers; others are inconsistent with our values, are harmful to our buyers or sellers, or simply are not in the spirit of Moja. This policy explains what is prohibited or restricted on Moja’s apps and websites. This policy is a part of our Terms of Use. By opening a store on the Moja apps or websites, you’re agreeing to this policy and our Terms of Use.
The following types of items are prohibited or restricted on Moja’s apps and websites, which we collectively refer to in this policy as Moja:
1. Alcohol, tobacco, drugs, drug paraphernalia, and medical drugs.
2. Animal products and human remains.
3. Dangerous items: hazardous materials, recalled items and weapons.
4. Hate items: items that promote, support or glorify hatred.
5. Illegal items, items promoting illegal activity, and highly regulated items.
6. Internationally regulated items.
7. Pornography.
8. Violent items: items that promote, support or glorify violence.
Policy decisions are complex. We consider many different and often divergent factors before coming to a decision about what is best for our buyers and sellers. In order to help provide clarity and insight, the following may be helpful.
1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Regulated Medical Drugs
Alcohol and regulated drugs are prohibited on Moja. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law.
The following are examples of items that may not be sold on Moja:
Petrol, diesel, and all types of aircraft fuel.
Alcohol.
Tobacco products, smokeable products, e-cigarettes and e-liquid.
Drugs and certain herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality.
Drug paraphernalia, including, for example: items with a carburetor; slides and/or items with a slide; bongs and bubblers; vaporizers and their components.
Regulated medical drugs and pharmaceuticals.
Restrictions on descriptions of purported health benefits:
Moja prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our buyers. Moja may remove claims that we deem to be inappropriate, excessive, or otherwise unsuitable for our marketplace. Also, if Moja receives proper notice from a legal authority, we may remove an item.
2. Animal Products and Human Remains
Certain animal products are highly regulated and not in the spirit of Moja due to the risk of harm to live or endangered animals.
The following are examples of animal products that may not be sold on Moja:
Live animals.
Items created using any animal species designated as threatened or endangered by the Convention on International Trade in Endangered Species (CITES). Items made from cat and dog parts or pelts, ivory or bones from ivory-producing animals, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory, items made from human remains, except for teeth and hair.
We expect all of our sellers to follow their local laws. If you are shipping items across international borders you should also consult CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) for specific information about importing and exporting items that may be threatened due to the nature of this trade.
3. Dangerous Items: Hazardous Materials, Recalled Items and Weapons
For safety reasons and due to complex legal regulations surrounding certain items, we ask that our sellers not sell items that could be considered dangerous.
Hazardous Materials.
Due to the potential harm caused by hazardous materials, as well as complex legal regulations surrounding such materials, including shipping restrictions, hazardous materials are prohibited on Moja.
While not exhaustive, the following materials are examples of prohibited hazardous materials:
Explosives and fireworks
Flammable items
Gases
Radioactive material
Toxic substances (such as poisons)
Recalled Items or Items that Present Unreasonable Risk of Harm
Items that have been recalled by governments or manufacturers are prohibited from being sold on Moja.
Items that present an unreasonable risk of harm are prohibited, even if they have not been the subject of a recall. We generally rely on information from various government agencies to identify these items.
Weapons
We won’t allow the sale of any tool or instrument that is intended to be used as a weapon to inflict harm on a person. The following items are generally not allowed on Moja:
Guns, knives, or other blatant weapons.
4. Hate Items: Items that Promote, Support or Glorify Hatred
We want Moja to be a marketplace and community of trust and acceptance, where people of all backgrounds, nationalities, religions, tribes and political affiliations feel welcome.
The following items are not allowed on Moja:
Items that support or commemorate current or historical hate groups, including propaganda or collectibles or items that contain racial slurs or derogatory terms in reference to any group.
5. Illegal Items, Items Promoting Illegal Activity and Highly Regulated Items
We respect the law and expect Moja sellers to respect the law as well. Illegal items and items that promote illegal activity, including counterfeit or stolen items, are generally not allowed on Moja. Neither are certain items that are subject to complex legal regulations or registration systems. Because Moja is a global platform, it’s important to abide by the laws of the markets in which you are selling. What is legal in one country may be illegal in another. All forms of illegal activity are strictly prohibited. In addition, listings may not facilitate or promote illegal acts through images or descriptions. We require sellers to follow all applicable laws for the items they list.
6. Internationally Regulated Items
Moja provides a direct connection between buyers and sellers around the world. If you buy or sell an item from another country, or if you enter into a transaction with someone across international borders, you are responsible for complying with laws and regulations of the country of destination as well as your local laws.
When buying and selling internationally, you should comply with your local laws and also be aware that other countries may have their own set of restrictions. You might be prohibited from exporting or importing certain items under laws and regulations of the country of destination. The item you buy or sell may be subject to import taxes, customs duties, fees, and/or other regulations imposed by the country of destination.
When you use Moja’s apps and websites, you are also responsible for complying with economic sanctions and trade restrictions.
Moja reserves the right to request that sellers provide additional information, disclose an item's country of origin in a listing, or take other steps to meet compliance obligations.
You should be aware that third-party payment processors may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programs. Moja has no authority or control over the independent decision-making of these providers.
Examples of What Is Allowed:
Sanctions or compliance programs may have certain exceptions to their restrictions. For example, while OFAC broadly prohibits transactions involving goods that originate from sanctioned areas, there are exceptions for informational materials such as publications, films, posters, phonograph records, photographs, tapes, compact disks, and certain artworks. Items that don’t originate from a sanctioned area, but make a reference to a sanctioned area are generally permitted.
7. Pornography and Mature Content
Pornography of any sort is prohibited on Moja. When deciding whether mature or artistic content crosses over the threshold into pornography, we take into consideration how realistically mature image or images are portrayed, and the explicitness of depictions of sexual activity or content.
8. Violent Items: Items that Promote, Support or Glorify Violence
We want Moja to be a safe place for everyone. While violent content can be a legitimate part of historical, educational or artistic products, those products should never be used to promote or glorify violent acts against others.
We do not allow items or listings that promote, support or glorify acts of violence or harm towards self or others, including credible threats of harm or violence towards self or others.
The following items are not allowed on Moja:
Items that glorify tribal conflict, human suffering or tragedies, including items that commemorate or honor the perpetrators of ethnic conflict and genocide.
Items that attempt to exploit natural disasters or human tragedies.
Items that encourage, glorify, or celebrate acts of violence against individuals, tribes, or groups.
We cannot catalog every permitted or prohibited item. We reserve the right to remove listings that we determine are not within the spirit of Moja. Such listings will be removed from the site, and the member's selling privileges may be suspended and/or terminated.
If you see something on Moja that appears to violate these rules, you can report it to us.
SHIPPING POLICY
This shipping policy explains your shipping obligations as a seller.
This policy is a part of our Terms of Use. By opening a Moja store on our apps or websites, you're agreeing to this policy and our Terms of Use.
Shipping Your Items
Sellers are responsible for shipping their sold items to buyers. If you're using a shipping service, please keep in mind that you are ultimately responsible for making sure that your buyers receive the item(s) they purchased from your store.
By selling on Moja, you agree to:
A. Provide an accurate "ships from" address or location. You must include the physical location of your store.
B. Specify your shipping costs and processing times in your listings whenever possible.
C. Ship items promptly after they are sold. Prompt shipping means that you ship each item within 7 days of purchase, unless you specify otherwise to your buyer through Moja Connect.
D. Comply with all local and international shipping and customs regulations.
E. Shipping to the wrong address or location is likely to result in a non-delivery case, so make sure to ship to the address or location provided by the seller.
F. Charge an appropriate amount for shipping. Don’t gouge your buyer or charge exorbitant rates for shipping.
In the event an order does not arrive, be prepared to provide to the buyer proof of shipping. Proof of shipping must show that the item actually was shipped and that it was sent to the address or location provided by the buyer. If a buyer does not receive their order, they may file a case against your shop and if you consistently fail to deliver products, Moja may suspend your store.
FEE AND PAYMENTS POLICY FOR SELLERS
This policy is a part of our Terms of Use. By opening a Moja store, you’re agreeing to this policy and our Terms of Use.
1. Types of Fees
2. Fee Avoidance
3. Paying Your Moja Bill
4. Moja Payments
5. Taxes
1. Types of Fees
Sellers may be required to pay the following types of fees:
Transaction Fees
When you make a sale through Moja, you will be charged a transaction fee of 5% of the price you display for each listing.
Payment Processing Fees
Moja charges the buyer and seller a payment processing fee for processing each transaction through Moja Pay. This fee is assessed on the total amount of the sale, the payment mechanisms used by the buyer, and the fee charged by the said payment processor, e.g. MTN Money or Ecobank. The payment processing fee is deducted from your Moja Pay wallet.
Currency Conversion
If you list items in a currency other than US Dollars, your item price will be converted to US Dollars solely for purposes of calculating the transaction fee.
To avoid incurring foreign exchange charges, Moja recommends you list your items in the same currency as your country of residence. Buyers will see the items in the currency of their choosing. If you decide to list in a currency other than that of your country of residence, you will be charged 2.5% over the current market rate to send funds to your Moja Pay wallet. Currency conversion is handled automatically by Moja Pay.
Fee Avoidance
Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by Moja. This includes, for example, encouraging buyers to purchase an item in your Moja shop through another venue. A transaction initiated on Moja may not be completed outside or off the Moja app. The price stated in each listing description must be an accurate representation of the sale. Sellers may not charge excessive shipping fees. Sellers may not alter the item's price after a sale for the purpose of avoiding Moja transaction fees, misrepresent the item’s location, or use another user's account without permission.
Taxes
You are responsible for collecting and paying any taxes associated with using and making sales through Moja’s apps and websites.
If you sell physical goods on Moja, you need to include all applicable taxes in your listing prices, if applicable.
Please remember that Moja's fees do not include any taxes that might apply in your home country. You are required to pay Moja the full amount of our fees and may not deduct any applicable taxes from that amount. Please also note that some countries require Moja to charge VAT on certain of the fees that you may be charged in accordance with this policy, and that the fees listed in this policy do not include that VAT.
FEE AND PAYMENTS POLICY FOR BUYERS
This policy is a part of our Terms of Use. By using Moja Pay, you’re agreeing to this policy and our Terms of Use.
Accepting These Terms
This document (the Moja Pay Policy or the 'Policy', for short) sets out your rights and responsibilities when you use Moja Pay. By using Moja Pay, you’re agreeing to the Policy.
The Policy is a legally binding contract between you and Moja.
The Moja Pay Policy is also a part of our Terms of Use. By using any of our Services, you’re agreeing to the Terms of Use.
2. Overview
Moja Pay allows sellers to (a) accept payment by mobile money, e-money, authorized credit and debit card transactions, bank transfers, and other electronic means, (b) have those funds credited or deposited into a seller’s Moja Pay wallet.
Moja Pay is only available to sellers who are at least 18 years old who register and are approved for a payment account with Moja.
Buyers may load their Moja Pay wallets from other mobile wallet services, mobile money, e-money, credit or debit cards, bank transfer services, PayPal, or other service providers approved by Moja.
3. Third-Party Services
Moja may engage with third-party service providers to perform services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance.
Moja may partner with licensed payment processors to facilitate mobile money, e-money, card payments and other payments, and the disbursement of funds to sellers. The provider and processing time for your payment will vary based on the country in which you're located.
Moja may share your personal or transactional information with those third-party service providers when it's necessary to process payments.
If Moja receives notice that your shop's content or activity violates a third-party's service agreement, we may at our sole discretion take action against your account to comply with the third-party’s policies. Such actions may include cancelling a transaction, disabling listings from your shop, suspending your selling privileges or removing certain payment methods.
4. Moja’s Rights and Responsibilities
Moja Pay functionality may be made available, modified, or discontinued by us at any time without notice and is subject to the limitations in Moja’s Terms of Use.
As a security measure, we impose a US$15,000 transaction limit on buyers and sellers. We may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a seller: (a) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (b) if we permit a buyer to withdraw from a transaction.
Moja may refuse service of Moja Pay to anyone, for any reason, at any time.
Moja reserves the right to decline transactions that we believe to be high risk, fraudulent, or in violation of Moja’s Terms of Use.
In the event that a buyer does not make payment for the purchase of a legitimate item sold using Moja Pay (e.g., where the buyer used a stolen or unauthorized Moja wallet), Moja may provide limited payment protection to the seller, in the interest of fairness.
Moja maintains records associated with transactions on Moja Pay and does not pass any secure data, including credit card numbers or bank account information to any sellers. Sellers will only receive shipping information and limited buyer account information necessary to complete the order.
5. Seller Rights and Responsibilities
A. Use of Moja Pay.
If you live in a country in which Moja Pay is available, you are required to sign up for Moja Pay. For you to sign up for Moja Pay and receive payment for transactions made through Moja Pay, you must provide valid identification. Moja may refuse you access to Moja Pay until you do so.
B. Payment Accounts.
Moja Pay is only available to sellers who register and are approved for a Moja wallet. A Moja wallet allows sellers to track payment amounts, refunds, and fees related to transactions. Sellers must provide accurate personal information as requested during registration, and are responsible for maintaining and updating that information as necessary. Sellers will not impersonate any person or use a name he or she is not legally authorized to use. Sellers authorize us, and authorized agents, to verify their information (including any updated information) by accessing public records and obtaining credit or mobile phone records about the sellers in order to approve a payment account. Sellers also authorize Moja to verify the sellers’ information from time to time while the sellers are using Moja Pay. Moja verifies sellers’ information in order to safeguard the integrity of the marketplace and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.
C. Disputes.
Sellers agree to resolve any disputes directly with a buyer or with the assistance of the dispute management and refund tools available on Moja, and in accordance with our Seller Policy and Terms of Use. In the event that a dispute is escalated to Moja’s support team, Moja reserves the right (but not the assurance) to issue a refund to a buyer if a transaction is found to be in violation of Moja’s Seller Policy and Terms of Use.
In the event that a buyer requests a chargeback, Moja will respond on behalf of the seller involved in the transaction; the seller agrees to provide any requested information to us within five calendar days of the request. Moja reserves the right to recoup funds associated with buyer chargebacks.
D. Refunds.
Refunds or adjustments paid by Moja to buyers for payments made through Moja Pay may be initiated using the refund functionality in the Moja app. Any such funds paid by Moja to cover refunds will be deducted from the seller’s payment account balance. If there are insufficient funds to cover the amount of the refund, the balance will be charged to the seller’s Moja Pay wallet.
E. International Trade Laws.
You agree that your use of Moja Pay will not involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the US Department of Treasury’s Office of Foreign Assets Control ('OFAC') or other government agencies.