Terms of Service

By creating an account, accessing, or using the Makola platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use the Service. These Terms form a binding agreement between you and Makola.

We may update these Terms from time to time. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms. Material changes will be communicated by email or in-platform notice.

"Makola", "we", "us", or "our" refers to the Makola platform operator. "Merchant" means any business or individual who registers a store on Makola. "Customer" means a person who purchases from a Merchant's store. "Platform" means the Makola software, APIs, websites, and related services.

"Content" means any text, images, product listings, or other material uploaded to the Platform by a Merchant. "Transaction" means a purchase, refund, or other financial exchange facilitated through the Platform.

You must be at least 18 years of age and legally capable of entering a binding contract to use Makola as a Merchant. By registering, you represent that all information you provide is accurate, complete, and current.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@emakola.com if you suspect unauthorised access.

As a Merchant, you agree to: list only products and services you are legally permitted to sell; accurately describe your products, prices, and fulfilment timelines; comply with all applicable laws in your jurisdiction (including consumer protection, tax, and import/export regulations); and honour orders placed through your store in a timely manner.

Merchants are solely responsible for the accuracy of their Content, the quality of their products, and the resolution of disputes with Customers. Makola may act as an intermediary at its discretion but is not obligated to do so.

You may not use the Platform to sell counterfeit goods, regulated firearms or weapons, illegal drugs or controlled substances, adult content in jurisdictions where prohibited, or any goods or services that violate applicable law. Makola reserves the right to determine, at its sole discretion, whether a product or service is prohibited.

You may not attempt to gain unauthorised access to the Platform, engage in scraping or automated data collection, transmit malware, or interfere with the operation of the Service or other merchants' stores.

Makola charges platform fees as set out in your subscription plan. Payment processing fees are charged by our payment partners (Paystack, Hubtel, mobile-money operators) and passed through at cost unless otherwise stated. All fees are exclusive of applicable taxes.

Payouts to Merchants are made according to the payout schedule associated with your payment provider. Makola may withhold payouts in cases of suspected fraud, chargebacks, or where required by law. Fees are non-refundable except where required by law.

Makola facilitates the sale between a Merchant and a Customer. The Merchant is the seller of record for every transaction; Makola is not a party to the contract of sale and does not hold title to any goods. Merchants are responsible for fulfilling orders, managing returns, and handling Customer complaints.

Customers contract directly with the Merchant whose store they purchase from. Makola provides the technology platform and payment infrastructure but does not guarantee the quality, safety, or delivery of any product or service sold by a Merchant.

Makola and its licensors retain all intellectual property rights in the Platform, including software, design, trademarks, and documentation. These Terms do not grant you any rights in Makola's intellectual property except as expressly set out herein.

By uploading Content to the Platform, you grant Makola a non-exclusive, royalty-free licence to host, display, and transmit that Content solely for the purpose of operating the Service. You retain all ownership rights in your Content.

The Platform integrates with third-party services including payment gateways, SMS and WhatsApp providers, and shipping partners. Your use of those services is governed by their respective terms and privacy policies. Makola is not responsible for the availability or conduct of third-party services.

The Platform is provided "as is" and "as available" without warranty of any kind, express or implied. We do not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components. We disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the maximum extent permitted by law.

To the maximum extent permitted by applicable law, Makola's total liability to you for any claim arising under or in connection with these Terms shall not exceed the fees you paid to Makola in the three months preceding the claim.

In no event shall Makola be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or revenue, loss of data, or business interruption, even if advised of the possibility of such damages.

You agree to indemnify and hold harmless Makola, its officers, directors, employees, and agents from any claims, losses, damages, and expenses (including reasonable legal fees) arising out of your use of the Platform, your Content, your products or services, or your violation of these Terms or applicable law.

Makola may suspend or terminate your account and access to the Service at any time, with or without notice, for conduct that we believe violates these Terms, is harmful to other users, or is otherwise unacceptable. You may close your account at any time from your account settings.

Upon termination, your right to access the Platform ceases immediately. We will retain your data in accordance with our Privacy Policy and applicable law. Provisions of these Terms that by their nature should survive termination will do so.

These Terms are governed by and construed in accordance with the laws of the Republic of Ghana. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Ghana, except where mandatory local law requires otherwise for merchants operating in other markets.

As Makola expands to other markets (including Nigeria), merchants in those jurisdictions may also be subject to additional local terms required by applicable law. Such terms will be presented at registration or when entering a new market.

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date and notify you by email or in-platform message at least 14 days before the changes take effect.

If you do not agree to the revised Terms, you must stop using the Platform before the effective date of the changes. Continued use after that date constitutes acceptance.

For questions about these Terms, please contact us at support@emakola.com .

We aim to respond to all legal queries within five business days.