Axumwe’s Terms of service

Welcome to Axumwe! These Terms of Service (“Terms”) govern your use of Axumwe’s e-commerce marketplace platform, including our website and mobile app. By accessing or using Axumwe, you agree to these Terms. Please read them carefully.

I. General Overview

• What Axumwe Is: Axumwe is a cultural-first digital commerce platform that connects independent vendors and buyers, inspired by ancient African trade routes. We provide an online marketplace where sellers (“Vendors”) and buyers (“Buyers”) can directly transact for goods. Axumwe itself is not the seller or shipper of products – we act solely as an intermediary facilitating peer-to-peer transactions.
• Incorporation & Jurisdiction: Axumwe is a brand of Appleton Group LLC which collaborates with CarePath Innovations Group LLC incorporated in the Republic of Kenya, and our operations comply with international and regional e-commerce laws. We align with the principles of the African Continental Free Trade Area’s digital trade protocol (promoting secure and inclusive cross-border digital trade) as well as relevant U.S. and EU regulations. This means we abide by global e-commerce norms for consumer protection, data privacy, and platform responsibility.
• Platform Services: Axumwe provides the technical platform, payment processing integration, and community features to enable transactions. We help Vendors list their products with cultural stories and Buyers to discover them. However, each sale is a contract directly between the Vendor and Buyer. Axumwe is not a party to the sales contract, and we do not take possession of or title to any goods.
• Web and Mobile Access: These Terms apply to all users of Axumwe, whether you access our services via web browser, Android/iOS mobile application, or any other interface. The same rules and protections apply regardless of platform.
• Acceptance of Terms: By creating an account or making a transaction on Axumwe, you confirm that you are at least 18 years old (or the age of legal majority in your jurisdiction) and capable of entering into a binding contract. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE AXUMWE. Continuing to use our site or app means you accept these Terms and all related policies referenced herein.
  

II. User Roles

• Vendors (Sellers): Vendors are independent sellers (artisans, creators, or businesses) who list products on Axumwe’s marketplace. Vendors are responsible for accurately describing their products, setting prices, and fulfilling orders. They must ensure the products are authentic, of good quality, and legal to sell/export. Vendors are also accountable for packaging items safely and shipping them to Buyers in a timely manner. All product warranties or guarantees (if any) are provided by the Vendor, not by Axumwe.
• Buyers: Buyers are users who purchase products from Vendors through the Axumwe platform. Buyers are responsible for reading product descriptions, reviewing Vendor policies (e.g. on shipping and returns), and providing correct delivery information at checkout. Buyers should perform any due diligence they feel necessary about the product (including checking local import rules for cross-border purchases). When a Buyer places an order, they agree to pay the price listed and any applicable shipping fees or taxes, and to be bound by the Vendor’s terms for that sale (so long as those terms do not conflict with these platform Terms or applicable laws).
• Carriers & Shipping Partners: Carriers (including postal services, couriers, and Axumwe’s community delivery partners) are third parties that transport and deliver products. Axumwe may integrate with third-party shipping services (for example, using Shippo’s API to help Vendors find shipping options) or facilitate a Community Courier Network of peer couriers. However, all delivery services are independent of Axumwe. Carriers are responsible for the transport of goods once the Vendor hands off the package. They are not employees or agents of Axumwe, and their own terms and conditions may apply to the shipping services. Axumwe is not liable for actions or errors by the carrier, but we may assist in providing tracking information or facilitating communication in case of delivery issues.

III. Marketplace Liability Protection

• Intermediary Platform Status: Axumwe is an intermediary platform only. We do not manufacture, store, or inspect the products sold through our marketplace. As such, Axumwe cannot make any guarantees about the quality, safety, legality, or authenticity of items listed by Vendors. Any product issues (defects, misrepresentations, etc.) are the responsibility of the Vendor. Buyers purchase at their own risk, and any remedies for things like defective or misdescribed products must be sought from the Vendor (subject to any platform dispute processes outlined below).
• No Seller/Publisher Liability: Because Axumwe is not the seller of the items, Axumwe is not liable for any damages or losses arising from transactions between users. Similarly, Axumwe is not the publisher of user-generated content (like product listings, descriptions, or reviews). Under laws such as Section 230 of the U.S. Communications Decency Act and the EU’s Digital Services Act (DSA), online intermediaries like Axumwe are generally not responsible for the content provided by their users. This means Axumwe will not be held liable for things like false statements in a product listing or infringing materials uploaded by a Vendor, provided we had no active role in creating that content. However, if we are properly notified of illegal or infringing content, we will act expeditiously to remove it in accordance with applicable laws.
• No Warranty by Axumwe: Axumwe provides the platform “as is” and does not offer any warranties or guarantees on behalf of Vendors. We do not guarantee that products will meet your expectations or that Vendors will always fulfill orders, nor do we provide any warranty of merchantability or fitness for a particular purpose. Any product warranties (for example, a guarantee of authenticity or craftsmanship) would come directly from the Vendor. Axumwe does not control or endorse the products sold, and any views or opinions expressed by Vendors or Buyers on the platform are their own and not those of Axumwe.
• Liability Limit: To the fullest extent permitted by law, Axumwe (including our officers, directors, employees, and agents) will not be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, or any loss of profits, revenues, data, or use, arising out of your use of the Axumwe platform or any transaction. In jurisdictions that do not allow the exclusion of certain damages, Axumwe’s liability will be limited to the greater of (a) the amount of fees you paid to us in the 6 months prior to the event giving rise to the liability, or (b) USD $100. Nothing in these Terms is intended to limit or exclude liability that cannot be limited by law (for example, certain statutory liabilities under consumer protection laws).
• Platform Immunities and Indemnification: As a user, you agree that Axumwe has certain legal immunities as an online marketplace. We adhere to safe-harbor principles under applicable laws – for instance, we are shielded from liability for user content by default, and we do not assume liability for third-party conduct. You agree not to attempt to hold Axumwe responsible for things Vendors or other users do. If a dispute arises from your use of Axumwe (for example, if a Vendor or Buyer sues Axumwe due to something you did on the platform), you agree to indemnify Axumwe against any claims or damages (to the extent permitted by law). This means you’ll reimburse us for any losses or legal fees if you were at fault. We will notify you of any such claim and cooperate in good faith.

IV. Content and Cultural Ownership

• Vendor Content & Intellectual Property: Vendors retain ownership of the content they create and post on Axumwe – this includes product photos, descriptions, cultural stories, logos, and designs that the Vendor has authored. Your cultural narratives, brand names, and product designs remain your intellectual property. By listing products or uploading content on Axumwe, Vendors grant Axumwe a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display that content as needed to operate and promote the marketplace. For example, we may feature a Vendor’s product images or cultural story in our marketing materials or social media to highlight our community (but always with attribution to the Vendor). This license ends when the content is removed from our platform, except for reasonable archival or backup copies.
• Cultural Respect and Authenticity: Axumwe is a cultural-first platform, and we require all users to respect the cultural heritage and intellectual property of others. Vendors should only sell cultural goods or share stories that they have rights to or permission to share. Cultural appropriation or misrepresentation is strictly prohibited. This means you should not present mass-produced or non-authentic items as “authentic cultural artifacts,” and you should not use culturally sacred symbols or stories in a disrespectful or misleading way to market products. Axumwe may require proof of a product’s origin or the story behind it if we suspect misrepresentation. We reserve the right to remove any content or listings that appropriate culture in a harmful way, offend cultural sensibilities, or violate community standards.
• Prohibited Content: Users (both Vendors and Buyers in any content they post, such as reviews or messages) may not post anything illegal, infringing, or grossly inappropriate on Axumwe. This includes, for example:
  • Content that violates intellectual property rights (no selling counterfeit goods or using someone else’s artwork without permission).
  • Hateful, harassing, or obscene content (no hate speech, pornography, or graphic violent material).
  • Fraudulent or misleading content (no false claims about a product’s origin, materials, or uses).
  • Any other content that violates applicable laws or Axumwe’s policies (such as our Cultural Storytelling Code of Conduct).
• Content Moderation: Axumwe reserves the right (but not the obligation) to remove or disable access to any content that we deem to violate these Terms, law, or any other policy, or that is otherwise harmful or objectionable. This can include product listings, user profiles, comments/reviews, images, etc. We may act at our discretion or upon receiving complaints or notices from third parties. In most cases, we will notify the Vendor or user of the removal and explain the reason, especially if required by the DSA or other laws for transparency. Repeated or serious violations by a user can result in account suspension or termination.
• Use of Axumwe Content: The Axumwe platform itself (our branding, logos, text, and images we create) is protected by intellectual property laws. You agree not to copy, scrape, or use Axumwe’s logos, design elements, or content without our permission. You are welcome to share Axumwe listings or content through provided sharing features (for example, posting a link on social media), but you shouldn’t misrepresent it as your own or use it for commercial purposes outside the platform without consent.

V. Peer-to-Peer Fulfillment Terms

• Vendor Responsibility for Shipping: In Axumwe’s decentralized fulfillment model, Vendors are responsible for shipping orders directly to Buyers. When a Buyer places an order, the Vendor should ship the product within the timeframe indicated on the product listing or agreed upon during the sale. Vendors must package items securely to avoid damage and use appropriate shipping services. Once the item is shipped, Vendors should provide the Buyer (through the Axumwe platform) with tracking information or confirmation of shipment. If a Vendor anticipates a delay beyond the stated handling time, they must promptly inform the Buyer and obtain consent for the delay or offer a refund, consistent with best practices and consumer laws (for example, the U.S. FTC’s Mail Order Rule which requires timely shipment or customer notification of delays).
• Shipping Integration and Options: Axumwe may offer tools to assist Vendors with fulfillment. For instance, our platform might integrate with shipping aggregators like Shippo to allow Vendors to compare rates and purchase shipping labels from various carriers (postal services, DHL, FedEx, local couriers, etc.). We may also list “recommended” logistics partners in different regions. Important: Any such integration or recommendation is provided as a convenience; it is not an endorsement or guarantee. The shipping contract is between the Vendor (or Buyer, in some cases) and the third-party carrier. Vendors are free to choose their preferred shipping method outside of our tools as well.
• Community Courier Network: In some areas, Axumwe may facilitate a community-driven delivery option – for example, local “community couriers” or collective shipping arrangements (perhaps leveraging travelers or micro-logistics agents in the community). Participation in this Community Courier Network is voluntary for both Buyers and Vendors. If both parties agree to use a community courier or pickup/drop-off arrangement, they acknowledge that this method may carry additional risks (in terms of timing, package security, etc.). Axumwe does not guarantee delivery or condition of items handled through community couriers. We simply connect users to enable peer-to-peer logistics. All users should exercise judgment and only use community shipping options where trust exists. Any rewards or tokens (like loyalty points) given to community couriers by Axumwe are an incentive and do not imply employment or liability.
• Delivery and Risk of Loss: Once a Vendor hands a package over to the chosen carrier, risk of loss or damage typically transfers to the Buyer (subject to any terms between Buyer and Vendor or mandatory laws). The Buyer should follow the tracking and make arrangements to receive the package. If the package is lost or damaged in transit, the Buyer should notify the Vendor and carrier promptly. Vendors should cooperate in the carrier’s claims process if applicable (e.g., if insurance was purchased for the shipment). Axumwe will help facilitate communication, but we are not responsible for packages once they are out of our control. We strongly encourage Vendors to consider shipping insurance for higher-value items and to document the condition of items before shipment.
• Custom Delivery Terms: Vendors may include specific delivery terms in their product listings (for example, “Ships within 7 days” or “Made-to-order item – ships in 2 weeks”). Buyers are responsible for noting these terms. If a Buyer needs an item by a certain date (e.g., for a gift), it is their responsibility to communicate with the Vendor before purchase to confirm feasibility. Axumwe is not liable for any delivery that fails to meet a Buyer’s uncommunicated deadline.
• Failure to Fulfill: If a Vendor fails to ship an order or significantly delays it without Buyer consent, Axumwe may step in to facilitate a resolution. This could include contacting the Vendor for status, helping the Buyer get a refund through our payment processor, or, in some cases, canceling the transaction. Repeated failure by a Vendor to fulfill orders will result in account review and potential suspension.

VI. Cross-Border Trade & Customs

• International Transactions: Axumwe enables cross-continental trade flows, connecting Africa and the global diaspora. If you are buying or selling across national borders, be aware that international trade laws apply. Each country has its own regulations on what can be imported or exported, as well as duties/taxes on imports. Sellers are responsible for ensuring that their products can be legally exported from their country and legally imported into the Buyer’s country. Prohibited items (for example, endangered wildlife products, certain cultural antiquities, illegal goods, etc.) must not be listed or sold. Buyers are responsible for ensuring they can lawfully receive the item.
• Customs Declarations: For international shipments, Vendors must provide accurate and complete customs documentation. This typically includes a description of the item, its value, and the correct HS/tariff code if applicable. Vendors should not falsify customs forms (for instance, by marking merchandise as “gift” or undervaluing the price). Misrepresenting a shipment to customs is illegal and can result in penalties for both Vendor and Buyer, and seizure of the goods. Axumwe may assist by generating a standard customs invoice or Cultural Product Passport (CPP) for the order (a document that includes details about the product’s origin, materials, and cultural story, intended to satisfy information requirements and celebrate the item’s cultural context). When available, Vendors should include the Cultural Product Passport or any required export permits with the shipment to help smooth cross-border clearance.
• Import Duties & Taxes: Buyers are responsible for any import costs in their country. This can include customs duties, VAT/GST, or other import taxes that the local customs authority may impose. Axumwe does not collect these fees at checkout (unless explicitly stated for certain destinations). The carrier or customs might require the Buyer to pay these fees before delivery. Failure to pay import fees might result in the package being held or returned. Tip for Buyers: Before purchasing internationally, check your country’s de minimis thresholds and duty rates for the type of goods you are buying, so there are no surprises. Axumwe is not liable for any customs charges.
• Customs Delays & Seizures: Cross-border shipments may occasionally face delays due to customs inspection, especially if documentation is missing or the package is randomly screened. Neither Axumwe nor the Vendor has control over this process. If a package is significantly delayed in customs or seized, the Buyer and Vendor should communicate to decide on next steps (wait, return to sender, refund, etc.). Axumwe can assist in providing any information needed (like order confirmations or product descriptions) for clarification to authorities, but we cannot intervene with government agencies. We encourage compliance with the African Union’s digital trade facilitation measures and international standards to minimize such issues.
• AfCFTA Considerations: For intra-African trade, the vision of the African Continental Free Trade Area (AfCFTA) is to reduce trade barriers. As AfCFTA’s digital trade protocol is implemented, Axumwe will adapt to ensure Vendors and Buyers can take advantage of streamlined customs procedures, mutual recognition of e-documents, and any preferential treatment for African-origin goods. Vendors should indicate the country of origin for their products accurately, as this may qualify goods for reduced tariffs under AfCFTA. We will notify users if any special programs (like an AfCFTA certificate of origin or digital customs clearance tool) become available to simplify African cross-border shipments.
• Legal Compliance: All users must comply with applicable export control and sanctions laws. If you are shipping from or to a country subject to trade sanctions, or if the item is subject to special export controls (e.g., cultural artifacts, military or dual-use items, etc.), you are responsible for following all legal requirements. Axumwe reserves the right to block transactions that potentially violate trade sanctions or other laws.

VII. Returns, Refunds, and Disputes

• Vendor Return Policies: Because Axumwe is not the seller of goods, each Vendor may set their own return and refund policy for their store or products, provided it complies with applicable law. Some artisans may offer returns or exchanges, while others (especially for custom-made or intimate items) may declare all sales final. It’s the Vendor’s responsibility to clearly state their return/refund policy on their product listings or shop page. It’s the Buyer’s responsibility to read those policies before purchase. If no specific policy is stated, the default assumption is that returns are not accepted, except as required by consumer protection laws.
• Statutory Rights (e.g. EU Consumers): These Terms do not override any mandatory consumer rights you have by law. For example, if you reside in the European Union, you generally have the right to cancel an online purchase within 14 days of receiving the item for any reason (or no reason) and get a refund, under the EU consumer protection laws on distance selling. Certain items may be exceptions (such as perishable goods, digital content after download, or custom-made products). Vendors selling to the EU are expected to honor lawful cancellation requests in accordance with EU directives. Likewise, other jurisdictions may have non-waivable warranties or cooling-off periods that apply. Axumwe expects Vendors to comply with any such requirements. If you believe a Vendor is denying you a right you have under local law, you can escalate the issue to Axumwe for review.
• How to Initiate a Return/Refund: If you have an issue with a purchase (e.g., the item arrived damaged, or it’s not as described, or you simply changed your mind and the Vendor’s policy/law allows returns), you should contact the Vendor first. Use Axumwe’s messaging system or the order communication channel to explain the problem and request a return or refund. Provide clear evidence if applicable (photos of damage, etc.). Most Vendors will work with you in good faith to resolve the issue – their reputation on the platform depends on it. Give the Vendor a reasonable time to respond (we suggest within 2 business days).
• Platform Dispute Assistance: If you and the Vendor cannot reach an agreement, Axumwe offers a dispute assistance process. You can escalate the issue to Axumwe by opening a dispute ticket on the order. Our team will review the communication and evidence available and may step in to facilitate a resolution. We are not a court or arbitrator, but we will try to mediate. We might suggest returning the item for a refund, or a partial refund, or other fair solutions based on the circumstances. Axumwe’s mediation decision is not legally binding on the parties, but if a Vendor fails to respond or cooperate, we may, at our discretion, issue a refund to the Buyer and deduct that amount from the Vendor’s account (especially if we find the Vendor clearly at fault, such as not shipping the item at all or delivering something not as described). Conversely, if a Buyer is found to be making fraudulent claims, we will protect the Vendor.
• No Chargeback Abuse: If you paid with a credit card or other payment method, you might have chargeback rights through your bank. We ask that you not abuse chargebacks and always try to resolve through the platform first. Filing unwarranted chargebacks (for example, claiming an item wasn’t delivered when tracking shows it was, or without trying to communicate) can result in your Axumwe account being limited. That said, if you are truly unable to resolve a serious issue, you retain the right to pursue remedies through your payment provider. Axumwe will provide transaction documentation to help resolve any payment disputes.
• Refund Timeline: When a return or refund is agreed, the Vendor should issue the refund promptly (usually after receiving any returned item back, if a return was required). If Axumwe is processing the refund via our payment system on the Vendor’s behalf, please allow a few days for the refund to appear on your original payment method due to bank processing times. Shipping costs may or may not be refundable depending on the situation (e.g., if an item was defective, the Vendor should refund shipping; if you simply changed your mind, you might bear the cost of return shipping).
• Dispute Resolution Outside Platform: If all else fails, you and the other party can seek legal recourse outside the platform (per the Governing Law & Arbitration section of these Terms). However, we hope that our community-minded approach and dispute tools will make that unnecessary in most cases.

VIII. Vendor Verification & Community Standards

• Vendor Onboarding: To sell on Axumwe, Vendors must create an account and complete our verification process. During registration, we will ask for accurate information including your full name or business name, contact information, and (if required by law or by our policies) identity verification documents. For example, we may request a copy of a government ID or business registration, especially if you reach a high volume of sales. We collect this information to comply with laws (such as the U.S. INFORM Consumers Act which requires marketplaces to verify and disclose certain seller information for high-volume sellers) and to maintain trust in our marketplace. We may also verify a Vendor’s bank account or payment details through our payment partners (like Stripe) to ensure payouts can be processed.
• Community-Based Verification: Beyond formal ID checks, Axumwe has a community-driven trust system. New Vendors may start with a provisional status until they build up a track record. Buyers are encouraged to leave honest reviews and ratings after transactions. A Vendor’s trust score on Axumwe may be influenced by customer ratings, timely shipping history, and adherence to cultural storytelling guidelines. We may feature “Verified Vendor” badges for sellers who consistently meet our quality and authenticity criteria or who have been vouched for by reputable community members or partners (for example, artisans endorsed by a cultural association). However, a lack of a badge doesn’t necessarily mean a Vendor is untrustworthy – it might just be a new seller. Buyers should use their judgment and can reach out to new Vendors with questions before purchasing if unsure.
• Transparency of Seller Info: For the safety and assurance of Buyers, Axumwe may display certain Seller information on the Vendor’s profile or product pages, as required by law. This could include, for example, the business name, country location, and contact email of the Vendor. We will never display sensitive personal data like government ID numbers or home addresses publicly, but Buyers who make a purchase will obviously receive the Seller’s shipping return address (for delivery purposes) and any official business contact provided.
• Code of Conduct: All Vendors must adhere to Axumwe’s community standards and any Vendor guidelines we publish (these will be provided in our Vendor Handbook or similar resource). This includes maintaining professional communication with Buyers, not engaging in fraud or deceptive practices, and honoring your commitments (like shipping on time and as described). Vendors should treat Buyers and community members with respect and cultural sensitivity. Harassment, discrimination, or unethical behavior will not be tolerated.
• Prohibited Vendor Activities: Vendors may not:
  • Operate multiple accounts to manipulate the platform or avoid restrictions.
  • Artificially inflate reviews or ratings (for instance, by reviewing your own products or paying others to do so).
  • Engage in drop-shipping or reselling of mass-produced items misrepresented as handmade or authentic cultural goods. (If you are selling on Axumwe, it should ideally be your own creations or sourced directly from artisans, not items bought wholesale without added value or story – unless explicitly allowed in a specific category.)
  • List stolen goods or items that infringe on someone’s intellectual property.
  • Circumvent fees or the platform (e.g., completing a sale off-platform with an Axumwe-introduced buyer to avoid commissions).
• Enforcement Actions: If a Vendor violates any terms or if we receive serious complaints, Axumwe reserves the right to take actions including: temporary suspension of selling privileges, removal of specific listings, holding of payouts, or permanent termination of the Vendor’s account. We generally will issue warnings for minor issues and give Vendors a chance to correct problems, but severe violations (like fraud or selling prohibited items) can result in immediate termination. Additionally, Vendors with consistently poor ratings, high cancellation rates, or other performance issues will be subject to review. We strive to be fair and will usually communicate to explain any enforcement and what steps can be taken, if any, to appeal or reinstate an account.
• Fraud Prevention: Axumwe takes fraud seriously. We employ fraud detection tools and may delay or cancel transactions that appear suspicious. Vendors should ship only to the address provided by the Buyer through the Axumwe order (to be covered by any payment protection). If you suspect an order or message is fraudulent or a scam, please inform Axumwe support immediately. Likewise, Buyers should beware of any Vendor attempting to move the transaction off-platform or asking for additional payments outside Axumwe; report such behavior to us.

IX. Data & Privacy

• Data Collection: Axumwe cares about your privacy. When you use our platform, we collect certain personal data from you. This includes information you provide directly (such as your name, email, shipping address, phone number, payment information when making a purchase, and any profile details you fill in), as well as information generated through your use of the service (such as order history, messages between Buyers and Vendors, and ratings/reviews). We also automatically collect some data when you access Axumwe, like your device type, browser, IP address, and cookies, to help us secure the platform and personalize your experience.
• How We Use Data: We use your information to facilitate the services you request – for example, if you are a Buyer, we share your delivery name and address with the Vendor and their chosen carrier to fulfill the order; if you are a Vendor, we share your payout details with our payment processor to send you payments. We also use data to communicate with you about your account or transactions (e.g. order confirmations, shipping updates), to provide customer support, and to improve and optimize our platform. If you have agreed, we might send marketing communications like newsletters or cultural stories updates, but you can opt out at any time.
• Data Sharing: We do not sell your personal data to third-party advertisers. We do share data with third parties in specific contexts:
  • Service Providers: We use trusted third parties to help operate Axumwe. For example, payment processors (like Stripe or Flutterwave) will receive your payment information to process transactions; shipping partners (like Shippo or specific courier APIs) will get the data needed to generate shipping labels; analytics providers might get usage data to help us understand platform performance. These providers are bound by contracts to use your data only for the purposes we dictate and to protect it.
  • Legal Requirements: If required by law or a legal process (subpoena, court order, etc.), or to protect the rights and safety of Axumwe, our users, or others, we may disclose information. For instance, if a government authority requests info regarding an illegal item listing, we might need to comply.
  • Buyers/Sellers: As mentioned, Buyers and Sellers exchange some info via transactions (a Buyer will see a Seller’s shop name and perhaps contact email; a Seller will see a Buyer’s shipping address and name). Users are only allowed to use this information for transaction-related purposes (for example, shipping the item or communicating about the order). Using it for unrelated purposes (like adding someone to a marketing list without consent) is a violation of these Terms.
• GDPR Compliance (EU Users): If you are in the European Union, the General Data Protection Regulation (GDPR) grants you specific rights regarding your personal data. Axumwe is committed to complying with GDPR. This means, among other things, we only collect and process personal data on valid legal bases (like fulfilling a contract with you, or with your consent for optional uses, or our legitimate interest in maintaining a secure platform). We minimize data collection to what is necessary. As an EU user, you have the right to access a copy of your data, correct it if it’s wrong, delete it (the “right to be forgotten”), or object to or restrict certain processing. You can also withdraw consent where we rely on consent (like unsubscribing from marketing emails). To exercise these rights, you can use platform tools (for example, there may be an account settings section to download or delete your data) or contact us at our privacy email. Our Privacy Policy provides detailed information. Additionally, if you have concerns, you have the right to lodge a complaint with your local data protection authority.
• CCPA Compliance (California Users): If you are a resident of California, the California Consumer Privacy Act (CCPA) may apply. Axumwe will honor your rights under CCPA. California users can request a notice disclosing the categories of personal information we have collected, the sources of that information, the business purpose for collecting it, and the categories of third parties with whom we share it. You can also request the specific pieces of personal data we have about you, and you may request us to delete personal data (with certain exceptions, like if we need to keep data for legal reasons or to complete transactions). We do not sell personal data as defined under the CCPA (i.e., we don’t exchange it for money with third parties for their own marketing). We also won’t discriminate against you for exercising any CCPA rights.
• African Union Data Policy: We strive to uphold emerging best practices in African data governance and privacy. Several African countries (including Kenya, where we’re based) have data protection laws influenced by GDPR principles. Axumwe abides by Kenya’s Data Protection Act and similar regulations. We ensure transparency about data use and obtain consents where required. If the African Union implements a unified data protection framework in the future, Axumwe will adapt to remain compliant. Our goal is to respect user privacy across all regions.
• Data Security: We employ industry-standard security measures to protect your data. This includes using encryption (HTTPS) for data in transit, encryption or hashing for sensitive info like passwords, and maintaining secure servers. However, no system can be 100% secure, so we need your help too: keep your account password safe, and notify us immediately if you suspect any unauthorized access to your account. If Axumwe ever experiences a data breach that affects your personal information, we will notify affected users and the appropriate authorities as required by law.
• Data Retention: We keep your personal data only as long as necessary for the purposes outlined in our Privacy Policy or as required by law. For example, we keep transaction records to comply with financial regulations and to address any disputes. If you delete your account, we will delete or anonymize your personal data, except for information we are required to keep (like transaction records for auditing or legal reasons).
• Privacy Policy: Please refer to our Privacy Policy (linked on our site and app) for a more detailed explanation of our data practices. The Privacy Policy is incorporated into these Terms by reference. By using Axumwe, you also agree to the terms of our Privacy Policy.

X. Payment Terms & Cowrie Credits

• Payment Processing: Axumwe uses third-party payment processors to handle transactions securely. When you purchase an item, you will be prompted to pay via methods we support, such as credit/debit card, mobile money, or other local payment options. Our primary payment partners include Stripe (which handles global card payments and may also handle local methods where supported) and Flutterwave (which specializes in African payment methods). We may also support alternative payments like PayPal or cryptocurrency wallets for certain transactions, subject to availability and compliance. By making a purchase, you authorize Axumwe’s payment partner to charge your chosen payment method for the order total (including product price, shipping, and any taxes or fees shown at checkout).
• Secure Transactions: We do not store your full payment card details on Axumwe’s servers. Payment information is tokenized and processed by our PCI-compliant payment partners. You agree to provide current, complete, and accurate purchase and account information for all purchases made via Axumwe. If your payment fails or is declined, we may suspend or cancel the order. In some cases, we or our processor may flag an order for fraud review, in which case the order is put on hold. We reserve the right to cancel any order we suspect is fraudulent or violates these Terms.
• Vendor Payouts: For Vendors, by using Axumwe you agree to the processor’s terms for receiving payouts. Typically, once you ship an order and mark it as fulfilled, our system will schedule a payout to your linked bank account or mobile money account after a certain clearing period (to account for any initial issues or buyer protection windows). Axumwe may deduct a marketplace commission fee and any applicable taxes or processing fees before sending you the payout. All such fees will be transparent to you. Ensure your payout information is accurate; Axumwe is not responsible for payments sent to the wrong account due to your error. If a payout fails (e.g., due to wrong bank info), we’ll contact you to correct it.
• Fees and Currency: Joining Axumwe is free for Buyers. Vendors may be charged fees (such as listing fees, transaction commissions, or payment processing fees). Any such fees are described in our Vendor fee schedule policy. For Buyers, the price you see at checkout is what you pay (plus any calculated shipping and applicable taxes). Note that if you are buying from a Vendor in another country, your card issuer or bank might charge a foreign transaction fee or use a different exchange rate – Axumwe isn’t responsible for those additional costs. We generally list prices in a primary currency (like USD or local currency of the Vendor or Buyer when possible). If currency conversion is involved, we use up-to-date exchange rates, but slight differences may occur. Taxes: If Axumwe or Vendors are required to collect sales tax, VAT, GST, or other transaction taxes, those will be added at checkout as required by law. Ultimately, users are responsible for compliance with their local tax laws relating to their Axumwe transactions.
• Cowrie Credits (Loyalty Rewards): Axumwe may offer a loyalty or rewards program using Cowrie Credits (sometimes called Cowrie Points or Cowrie Tokens in our materials). Cowrie Credits are a form of non-monetary reward points that users can earn through certain activities – for example, making purchases, referring friends, successfully delivering items as a community courier, or participating in storytelling promotions. Cowrie Credits are not real money or legal tender. They are a promotional incentive and can only be used within the Axumwe platform according to the program rules. For instance, you might be able to redeem Cowrie Credits for a discount on a future purchase, or to access special marketplace features or merchandise.
• Cowrie Credit Usage & Restrictions: Cowrie Credits have no cash value and cannot be exchanged for cash. They are not transferable between users except through authorized Axumwe features (we may allow gifting in some cases, subject to anti-fraud checks). Credits may be subject to expiration (we will disclose if so) or forfeiture under certain conditions (for example, if a user account is closed for violating terms, unused credits may be lost). We reserve the right to modify or terminate the Cowrie Credits program at any time, but if we do, we will either honor any credits you have or provide an alternative compensation at our discretion. Abuse of the Cowrie Credit system (such as attempting to game the rewards through fake transactions or multiple accounts) is prohibited and can result in loss of credits or account penalties.
• No Refunds on Credits: Purchases made with Cowrie Credits are generally not refundable (since the credits themselves are a bonus). If a transaction paid fully or partially with credits is canceled or returned, the credit portion may be refunded as credits to your account rather than cash. If Axumwe ever allows you to purchase Cowrie Credits with real money (for example, some platforms sell gift card credits), those purchases are final and non-refundable, except where required by law.
• Promotions and Coupons: Occasionally, Axumwe may issue promotional codes, coupons, or bonus credits as part of marketing campaigns. These are subject to the specific terms of the promotion (validity dates, usage limits, etc.). We reserve the right to cancel or refuse any promotion or credit redemption if we suspect fraud or misuse.
• Crypto Transactions: If Axumwe enables cryptocurrency payments or a blockchain-based wallet for Cowrie tokens in the future, users must ensure they understand the risks. Crypto transactions are typically irreversible, and values can fluctuate. Any crypto accepted will be converted at the market rate at the time of transaction. Users are responsible for any network fees. Axumwe will provide guidelines at that time, and such transactions will also be subject to compliance with financial laws (KYC/AML regulations if applicable).
• Third-Party Terms: Your use of payment and financial features on Axumwe is also subject to the terms of service of our partners (for example, by using Stripe on our platform, you also agree to Stripe’s services agreement). We will provide links to those terms where relevant during transaction flows. Similarly, if you use a third-party wallet or bank link, your relationship with those providers is your own responsibility.
  

XI. Governing Law & Dispute Resolution

• Governing Law: These Terms and any dispute that arises between you and Axumwe (or between you and another user with Axumwe as a facilitator) will be governed by and interpreted in accordance with the laws of the Republic of Kenya, unless otherwise required by mandatory law in your jurisdiction. We choose Kenyan law as our governing law because Axumwe is incorporated in Kenya through CarePath Innovations Group and it provides a consistent legal framework for our operations. That said, if you are a consumer in a jurisdiction with mandatory consumer protection laws (for example, an EU resident), nothing in these Terms will override any rights you have under your local laws. We want to be clear: we are not trying to deprive anyone of protections granted by applicable law; rather, in any area not covered by a specific mandatory law, Kenyan law will apply.
• Negotiation: In the event of any dispute or claim related to these Terms or your use of Axumwe, we strongly encourage you to contact us first and try to resolve it informally. Many issues can be solved quickly through our support team – whether it’s a misunderstanding, a technical issue, or a conflict that we can help mediate.
• Agreement to Arbitrate: If we cannot resolve a dispute through negotiation, you and Axumwe agree to resolve any legal claims through binding arbitration, rather than through court litigation (except for matters that may qualify for small claims court, as described below). This applies to any claims arising out of or relating to these Terms or the Axumwe services, except that either party may seek injunctive relief or equitable relief in a court of law for intellectual property infringement or unauthorized use of the platform (for example, a party may file a lawsuit to stop someone from misusing their IP or the platform in a way that arbitration wouldn’t timely prevent).
• Arbitration Procedure: The arbitration will be administered by an established arbitration institution. We suggest the International Chamber of Commerce (ICC) as the default, applying the ICC Rules of Arbitration, but the parties can mutually agree on another reputable arbitration body (such as the London Court of International Arbitration or UNCITRAL rules administered by a local arbitration center). The seat of arbitration will be Nairobi, Kenya, unless we both agree to a different location, and the proceedings will be conducted in English. One arbitrator will be appointed (unless the parties agree to three). The arbitrator can award any relief that a court of competent jurisdiction could, including individual damages and injunctions if warranted, but may not award punitive damages unless such damages would be available under the governing law. The arbitrator’s award will be final and binding, and judgment on the award may be entered in any court with jurisdiction.
• Arbitration Costs: Each party will bear its own arbitration fees and costs, except as required by the arbitration rules or the arbitrator’s decision. However, the arbitrator can decide to award costs and attorneys’ fees to the prevailing party if they determine the other party brought a frivolous claim or acted in bad faith, in line with applicable law.
• Small Claims Option: As an exception to the arbitration agreement, you or Axumwe may choose to bring individual claims in small claims court if the dispute qualifies for that court’s jurisdictional limits. For example, if you as a Buyer have a simple claim for a small amount (usually a few thousand dollars or less, depending on the region) that could be resolved quicker and more cheaply in a small claims tribunal, you are not required to arbitrate that.
• No Class Actions: You and Axumwe agree that any dispute resolution will be on an individual basis only. Neither of us will join or consolidate claims in arbitration or court with others, or pursue any claim as a class action, collective action, or representative action. An arbitrator cannot combine more than one person’s claims or preside over any representative proceeding. This clause (often called a “class action waiver”) is an essential part of our agreement to arbitrate. If it is found unenforceable or unlawful, the entire arbitration agreement above may be deemed void, and in that case you agree to the exclusive jurisdiction of the courts described below for any claims.
• Jurisdiction for Litigation: In the unlikely event that the arbitration agreement is found unenforceable or if a claim is brought that is exempt from arbitration (e.g. a suit for injunctive relief for IP misuse, or if you opt out of arbitration within 30 days of agreeing to these Terms by sending us written notice), then the dispute shall be resolved by the courts of Kenya (with the High Court in Nairobi as the venue) or, if required by law, the courts of your country of residence. You consent to the personal jurisdiction of those courts for litigating such claims.
• Time Limits: To promote resolution and because it can be harder to resolve issues long after they occur, you agree that any claim you may have against Axumwe must be filed within one (1) year after such claim arose; otherwise, it’s permanently barred. (This does not apply to statutory rights that by law cannot be limited, but is applicable to the extent permitted.)
• Acknowledgment: By agreeing to these Terms, you acknowledge that you have read and understood this arbitration agreement, and understand that you are giving up the right to a trial by jury and the right to participate in a class or representative action for covered disputes.

XII. Platform Rights and Changes

• Modification of Services: Axumwe is an evolving platform. We reserve the right to modify, suspend, or discontinue any part of our services at any time. This could include adding new features, changing how existing features work, or removing features that are no longer viable or secure. For example, we might change the look and navigation of the site, introduce new categories of products, or discontinue a community forum if not used. We will endeavor to give advance notice if a change significantly affects how you use the service, but there may be times we have to make immediate changes for security or legal reasons.
• Amendments to Terms: We may update these Terms of Service from time to time to reflect changes in our practices, to address new legal requirements, or for other operational reasons. If we make a material change (something substantial that affects your rights or obligations), we will notify users in advance by appropriate means – for instance, by email to the address associated with your account or by posting a notice on the website/app. The notice will include the new terms and the date they take effect. It’s important you keep your account email updated to receive such notices. If you continue to use Axumwe after a Terms update takes effect, that constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using Axumwe before the new Terms apply.
• Policy Changes: In addition to these main Terms, Axumwe has supplementary policies (like our Privacy Policy, Vendor Guidelines, Community Code of Conduct, etc.). We may update those policies as needed and will notify or seek consent where required (for example, Privacy Policy changes might require renewed consent if they materially expand data use). Policies are usually elaborations of these Terms – if there’s ever a direct conflict, these Terms govern, but generally they should harmonize.
• Feature Releases and Beta Services: From time to time, Axumwe may offer new “beta” features or experimental services to get user feedback. These might be labeled as beta, preview, or pilot. Such features are provided on an optional basis and are often still in testing, so they might have bugs or be modified or removed at our discretion. By opting to use a beta feature, you understand it’s provided “as is” and we appreciate your feedback to improve it.
• Termination of Accounts: We reserve the right to terminate or restrict access to user accounts in order to protect our platform or other users, or if a user is violating these Terms. If we terminate your account (other than per your request), we’ll generally notify you of the reason, unless we are legally prevented from doing so or it involves unlawful conduct. Termination may result in loss of your account information, content, and any accumulated Cowrie Credits or status. If you believe your account was terminated in error, you can contact us to appeal.
• Right to Refuse Service: Axumwe may decline to provide the services to any person for any reason, to the extent permitted by law. For example, we might refuse service to someone who is in a country under sanctions that we cannot legally do business with, or someone who has previously been removed for misconduct. We do not discriminate on protected characteristics – any refusal would be based on business or legal considerations.
• Compliance and Updates with Laws: Digital trade is a fast-changing area. We keep an eye on legal developments, whether it’s the AfCFTA’s evolving digital trade rules, new U.S. e-commerce regulations (like updates from the FTC on online marketplace requirements), or EU directives on consumer rights and digital services. Axumwe will update its platform and policies to remain in compliance. Users may be required to accept new Terms or policy changes that reflect these legal updates. We appreciate the community’s understanding that sometimes changes (like additional verification steps or restrictions) are necessary for legal compliance.
  

XIII. User Consent and Agreement

• Binding Agreement: These Terms (along with any policies or documents incorporated by reference) constitute a binding legal agreement between you and Axumwe. By registering for an account or otherwise using the Axumwe platform, you acknowledge that you have read, understood, and agree to these Terms. This applies whether you are a Vendor, a Buyer, or any other participant on the platform. If you are using Axumwe on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms, and “you” in these Terms will refer to that entity.
• No Oral Waivers: Any failure by Axumwe to enforce a provision of these Terms is not a waiver of our right to do so later. Likewise, any consent or waiver we provide is only effective if in writing and applies only to the specific instance given. You should not rely on any contradictory oral statements by any Axumwe staff – only the written terms and policies and official communications carry legal weight.
• Severability: If any part of these Terms is found to be invalid or unenforceable by a court or regulator, the rest of the Terms will continue to apply. We can replace the invalid provision with a similar valid provision that reflects the original intent, to the extent possible.
• Entire Agreement: These Terms, together with our Privacy Policy and any other policies/guidelines linked or referenced (such as Vendor Guidelines and Cultural Storytelling Code of Conduct), make up the entire agreement between you and Axumwe regarding your use of the service. They supersede any prior agreements or communications (whether oral or written) relating to the subject matter. In case of any conflict between these Terms and other Axumwe policies, these Terms will generally prevail, except where a policy explicitly states it overrides the Terms in certain aspects (for instance, a country-specific addendum for EU users might override conflicting general terms).
• Third-Party Rights: These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Axumwe. They also do not confer any third-party beneficiary rights; the agreement is between you and us. That said, Buyers and Vendors involved in a transaction may reference these Terms in their dealings with each other, as the platform rules that both have agreed to follow.
• Consent to Privacy & Code of Conduct: By agreeing to these Terms, you are also confirming that you accept and will adhere to our related policies:
  • You agree to our Privacy Policy regarding how we handle your data.
  • Vendors agree to comply with our Vendor Handbook/Guidelines (which cover listing practices, customer service, and quality standards).
  • All users agree to our Cultural Storytelling Code of Conduct, which outlines respectful engagement and representation of cultures on Axumwe.
  • These documents provide important details and are considered part of the agreement with you. We encourage you to read them.
• Notices and Communications: You agree that Axumwe can communicate with you electronically (e.g., by email or through platform notifications) for all contractual purposes, including legal notices. We will use the email address you provide in your account, or provide notices via the Axumwe website/app. It is your responsibility to keep your contact information up to date. If you need to give us notice, you can do so through our support email or mailing address provided in the Contact Us section of our website.
• Leaving Axumwe: You can stop using Axumwe at any time. If you wish to delete your account, you can do so through your account settings or by contacting customer support. Deleting your account will end your legal agreement going forward, but the Terms will still apply to any transactions you made while your account was active (for example, if you sold items, those terms still govern those sales). Sections of these Terms that by their nature should survive termination (such as dispute resolution, limitation of liability, and any licenses granted to us) will survive.
• Thank You: Thank you for being part of Axumwe, a community that celebrates cross-border cultural trade. These Terms are here to protect both you and us, and to foster a trustworthy environment. We have tried to write them in a user-friendly way – if you have any questions or need clarification on any part of these Terms, please reach out to Axumwe support. We’re here to help and to ensure that Axumwe remains a safe, inclusive, and vibrant marketplace connecting Africa and the world.

Happy trading on Axumwe!