Benji
BENJI PRIVACY NOTICE
Please read this Privacy Policy carefully as it will help you make informed decisions about sharing your personal
information with us.
1. ABOUT THIS NOTICE
This Privacy Notice offers insights into Benji's practices for gathering and handling your personal data when you
browse our website or use our mobile applications. It outlines our procedures for handling your personal information,
ensuring its security, and outlines your rights regarding your personal data.
2. WHO WE ARE
Benji is an advanced multi-vendor e-commerce and courier platform developed by the renowned Bomach Group of
Company and subsidiaries. It is designed to revolutionize online shopping and seamless delivery of goods, offering a
game-changing experience in the e-commerce and logistics industry. Our platform consists of our marketplace,
which connects vendors (sellers/suppliers) with users(customers/consumers), our logistics service, which enables
the shipment and delivery of packages from vendors (sellers/suppliers) to users(customers/consumers), and our
payment service, which facilitates transactions among active users on our platform.
This website and/or mobile app is operated by a member of the Bomach Group of company and/or subsidiaries the
companies whose collaboration developed Benji. Information on our subsidiaries can be found on Appendix 1.
Any personal data provided or collected by Benji is controlled by the subsidiary that the website and/or mobile app
relates to.
3. THE DATA WE COLLECT ABOUT YOU?
Personal data encompasses any information that has the potential to directly or indirectly identify a particular
individual. We gather your personal data with the intent of offering customized products and services and for the
purpose of analyzing and enhancing our offerings continually. We may collect, utilize, retain, and transfer various
categories of personal data for marketing and personal data optimization objectives. Additionally, Benji employs
Google Digital Marketing to present tailored offers related to specific products and services to our customers.
When you register your personal information on our website and mobile platforms and engage in transactions, you
are supplying us with your personal data. We gather various forms of personal information, which encompass:
(A) THE INFORMATION YOU DIRECTLY PROVIDE TO US:
The information you furnish to us encompasses your identity data, contact data, biometric data, delivery address, and
financial data. This category of personal information may encompass the following:
i. contact details (such as your name, postal addresses, phone numbers and email addresses),
ii. demographic information (such as your location, date of birth, age or age range and gender),
iii. online registration information (such as your password and other authentication information),
iv. payment information (such as your credit card information and billing address),
v. information provided as part of online questionnaires (such as responses to any customer satisfaction
surveys or market research),
vi. competition entries/submissions, and
vii. in certain cases, your marketing preferences.
(B) INFORMATION WE AUTOMATICALLY COLLECT/GENERATE OR OBTAIN FROM THIRD PARTIES:
We automatically gather and retain specific types of data concerning your utilization of the Benji marketplace,
encompassing details about your searches, views, downloads, and purchases. Furthermore, we may receive
information about you from third-party sources, including our carriers, payment service providers, merchants/brands,
and advertising service providers.
These categories of personal data may pertain to your device (such as your PC, tablet, or other mobile device), your
interactions with our websites and apps (as well as select third-party websites with which we have collaborated),
and/or your individual preferences, interests, or geographical location. Instances of such information include:
i. name and age (or predicted age range),
ii. information about your device, operating system, browser and IP address,
iii. unique identifiers associated with your device,
iv. details of web pages that you have visited,
v. which products you have looked at online (including information about products you have searched for or
viewed, purchased or added to an online shopping basket),
vi. how long you spend on certain areas of a website or app together with the date and time of your visit/usage,
vii. personal data contained within user-generated content (such as blogs and social media postings),
viii. social media user name or ID, and
ix. social media profile photo and other social media profile information (such as number of followers).
We are committed to offering you choices regarding the Personal Data you share with us. Where applicable by law, if
you desire to have Benji utilize your Personal Data for the purpose of delivering a tailored experience, targeted
advertising, and content, you can indicate your preference by selecting the relevant tick-box(es) on the registration
form or by responding to questions posed by Benji representatives.
Should you decide that you no longer wish to enjoy this level of personalization, you have the option to opt-out or
modify your preferences at any time. You can accomplish this by either closing your account or by sending an email
to support@benjiexpress.com .
To close your account, simply click on this link and follow the provided instructions. Please be aware that once your
account is closed, you will lose access to all products and services associated with your account.
4. CONSENT
By using this site, you have consented to our Privacy Policy and that you have the legal capacity to give consent.
Otherwise, you may discontinue and log out at this stage.
5. COOKIES AND OTHER IDENTIFIERS
A cookie is a small file containing letters and numbers that we may place on your computer, mobile phone, or tablet if
you provide consent. Cookies enable us to differentiate you from other visitors to our website and mobile
applications, contributing to an improved browsing experience. For comprehensive details about cookies and their
usage by us, please refer to our Cookie Notice
6. HOW WE USE YOUR PERSONAL DATA
We use your personal data to operate, provide, develop and improve the products and services that we offer,
including the following:
i. Registering you as a new customer.
ii. Processing and delivering your orders.
iii. Managing your relationship with us.
iv. Enabling you to participate in promotions, competitions and surveys.
v. Improving our website, applications, products and services.
vi. Recommending/advertising products or services which may be of interest to you.
vii. Enabling you to access certain products and services offered by our partners and vendors.
viii. Complying with our legal obligations, including verifying your identity where necessary.
ix. Detecting fraud.
7. LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA
We will only handle your personal data when a lawful basis exists to do so. The selection of the legal basis is
contingent on the objectives for which we have gathered and employed your personal data. In nearly all instances, the
legal basis will fall under one of the following categories
i. Consent: This includes instances where you have given your explicit permission to receive specific marketing
communications from us. You have the option to revoke your consent at any time, which can be done, for
example, by clicking the "unsubscribe" link found at the bottom of any marketing email we send you.
ii. Our Legitimate Business Interests: We may rely on our legitimate business interests as a basis for processing
your data when it is essential for us to understand our customers, promote our services, and operate efficiently.
It's important to note that we carry out these activities in a lawful manner, ensuring that your privacy and other
rights are not unreasonably impacted.
iii. Performance of a Contract with You: This applies when we need to fulfill our obligations under a contract with
you or take necessary steps prior to entering into such a contract. For instance, if you've made a purchase from
us, we may need to use your contact information and payment details to process your order and deliver the
product to you.
iv. Compliance with the Law: In situations where we are bound by legal obligations and must use your personal
data to adhere to those obligations, we will do so in compliance with the law.
8. HOW WE SHARE YOUR PERSONAL DATA
A. We may need to share your personal data with third parties for the following purposes:
1. Sale of products and services: In order to deliver products and services purchased on our marketplace from
third parties, we may be required to provide your personal data to such third parties.
2. Working with third party service providers: We engage third parties to perform certain functions on our
behalf. Examples include fulfilling orders for products or services, delivering packages, analyzing data,
providing marketing assistance, processing payments, transmitting content, assessing and managing credit
risk, and providing customer service.
3. Business transfers: As we continue to develop our business, we might sell or buy other businesses or
services. In such transactions, customer information may be transferred together with other business
assets.
4. Detecting fraud and abuse: We release account and other personal data to other companies and
organizations for fraud protection and credit risk reduction, and to comply with applicable law.
B. When we share your personal data with third parties, we:
1. require them to agree to use your data in accordance with the terms of this Privacy Notice, our Privacy
Policy and in accordance with applicable law; and
2. only permit them to process your personal data for specified purposes and in accordance with our
instructions. We do not allow our third-party service providers to use your personal data for their own
purposes.
8. INTERNATIONAL TRANSFERS
We may transfer your personal data to locations in another country, provided such transfers are in accordance with
the applicable laws in your jurisdiction. It's important to note that there are inherent risks associated with such
transfers.
In cases of international transfers involving your personal data, we will implement necessary safeguards to
safeguard your data and maintain a level of protection equivalent to that provided in the country where the data
originated. We remain committed to upholding your legal rights as outlined in this Privacy Notice and in accordance
with the relevant laws in your location.
9. DATA RETENTION
We are committed to taking all reasonable measures to ensure that your personal data is processed for the shortest
necessary duration in line with the purposes outlined in this Privacy Notice. Your personal data may be preserved in
an identifiable format for as long as
A. We maintain an ongoing relationship with you to enhance your overall experience with our services and to ensure
that you continue to receive communications from us.
B. Your Personal Data is essential for the purposes outlined in this Privacy Notice, and we possess a valid legal basis
for its processing.
C. We will retain your data for the duration of any applicable limitation period, which refers to the period during which
legal claims against us could potentially be brought. We actively monitor the personal data we hold and securely
delete it, or in some cases, anonymize it, when it is no longer required for legal, business, or consumer purposes.
10. DATA SECURITY
We have implemented comprehensive security measures designed to prevent the accidental loss, unauthorized
access, misuse, alteration, or disclosure of your personal data. Furthermore, access to your personal data is
restricted to individuals such as employees, agents, contractors, and other third parties who have a legitimate
business need to access it. These individuals will only process your personal data based on our explicit instructions
and are bound by strict confidentiality obligations.
In the event of any suspected personal data breach, we have established protocols to address such situations. We
will promptly inform you and, where legally mandated, notify the relevant regulatory authorities of any breaches.
11. YOUR LEGAL RIGHTS
A. Maintaining the accuracy and currency of the personal data we hold about you is crucial. Please inform us
promptly if there are any changes to your personal data during your engagement with us.
B. You have specific rights under data protection laws concerning your personal data, including the right to access,
rectify, or erase your personal data, object to or restrict its processing, request the transfer of your personal data to a
third party, and unsubscribe from our emails and newsletters.
C. Should you wish to permanently remove your data from our website and other applications, you can opt to close
your account. To initiate this process, please click on this link and follow the provided instructions. Once your
account is closed, you will no longer have access to the products and services associated with it.
D. We reserve the right to decline your request if it is deemed unreasonable or if you have not provided the necessary
additional information to verify your identity.
12. DATA CONTROLLERS & CONTACT
If you have any inquiries or concerns regarding Benji's Privacy Notice, or if you require further details about how we
handle your personal data, or wish to exercise your legal rights related to your personal data, please do not hesitate to
get in touch with our Data Privacy Officer via email at Support@benjiexpress.com.
We will investigate any complaint about the way we manage Personal Data and ensure that we respond to all
substantiated complaints within prescribed timelines.
13. Related Practices and Information
A. Cookie Notice
BENJI COOKIE NOTICE
1. About this Notice
This Cookie Notice offers insights into how Benji employs cookies when you visit our website or use our mobile
applications. Please note that any Personal Data obtained by Benji through cookies and similar tracking technologies
is under the control of Benji. We encourage you to become acquainted with our cookie-related practices.
2. Cookies and how we use them
A cookie is a small file of letters and numbers that websites send to the browser which are stored in the User
terminal, which might be our computer, phones or applications, your personal computer, a mobile phone, a tablet, or
any other device.
Cookies enable us to differentiate you from other visitors to our website and mobile applications, thus enhancing
your browsing experience. For instance, we utilize cookies for the following purposes:
• Identifying and tallying the number of visitors and tracking their navigation within our websites, mobile apps,
and app (these aids in enhancing the functionality of our website, such as ensuring users can easily locate
the information they seek)
• Recognizing your preferences and subscriptions, such as language settings, saved items, items stored in
your shopping basket, and Prime membership status; and
• Sending you newsletters and commercial/advertising messages tailored to your interests.
Third-party entities that have been authorized by us may also establish cookies while you use our marketplace. These
third parties encompass search engines, providers of measurement and analytics services, social media networks,
and advertising companies.
2. Cookie Preferences
We use technology such as “cookies” to collect information and store your online preferences.
By managing your cookie preference, you enable or disable a specific set of cookies based on predefined
categorization:
Strictly Necessary Cookies: These cookies are essential for website functionality and are automatically enabled
when you use the site. They are crucial for processes like making purchases and checking out, and you cannot
disable them.
Analytics Cookies: These cookies help the website understand how efficiently users navigate it and which features
they use. The data collected through these cookies is used to improve the site and enhance the user experience.
Functional Cookies: Functionality cookies remember your choices and provide enhanced personal features. They
collect anonymized information and do not track your browsing activity on the site.
Targeting Cookies: These cookies track your visits to the site, the frequency of visits, and the specific parts of the
site you use. This information is used to tailor the site and advertisements to your interests. Some data from
targeting cookies may be shared with third parties.
Third-Party Cookies: These cookies are not placed by the website but by third-party service providers. They may be
used for tailored advertising or analytics services, similar to analytics cookies.
Persistent Cookies: These cookies remain on your device for a predefined period and are activated each time you
visit the site.
Session Cookies: Session cookies are temporary and only active from the moment you visit the site until you close
your browser. They are deleted when you close your browser.
For additional information on the personal data collection, data protection measures, your legal rights, and the
website's legal obligations, you can refer to the provided Privacy Notice.
3. Consent
Before Cookies are placed on your computer or device, you will be presented with a prompt requesting your
consent to set these Cookies. Granting your consent for the placement of Cookies enables us to offer you
the best possible experience and service. You have the option to deny consent for the placement of Cookies
(except for those that are strictly necessary). However, please note that certain features of our website may
not function fully or as intended if you choose to deny consent. You will have the opportunity to allow or
deny different categories of Cookies that we use.
In addition to the controls we offer, you can also choose to enable or disable Cookies in your internet
browser. Most internet browsers allow you to decide whether to disable all Cookies or only third-party
Cookies. By default, most internet browsers accept Cookies, but you can change this setting. For more
information, please refer to the help menu in your internet browser or consult the documentation that came
with your device.
Below, you will find links that provide instructions on how to manage Cookies in popular web browsers:
Google Chrome
Microsoft Internet Explorer
Microsoft Edge (Please note that there are no specific instructions at this time, but Microsoft support will be able to
assist)
Safari (macOS)
Safari (iOS)
Mozilla Firefox
Android (Please refer to your device’s documentation for manufacturers’ own browsers)
4. Changes to this Cookie Policy
We reserve the right to modify this Cookie Policy at any time. If we make changes, the details of these changes will
be prominently displayed at the top of this page. Such changes will become effective for you upon your initial use of
our website following the modifications. Therefore, we recommend checking this page periodically.
In the event of any discrepancies between the current version of this Cookie Policy and any prior versions, the
provisions of the current and effective version shall take precedence unless explicitly stated otherwise.
5. Further Information
If you seek additional information regarding how we handle your personal data or wish to exercise your legal
rights related to your personal data, please do not hesitate to contact us via email at
support@benjiexpress.com
B. Terms and Conditions
General Terms and Conditions of Use of the
Marketplace for Buyers and Sellers
1. Introduction
1.1 "Benji" represents the official trading name for the e-commerce platform developed by Bomach Group of
Company alongside allied services provided through its subsidiaries. Details can be found in Appendix 1. The
company and its subsidiaries, referred to as 'Benji' or 'we,' operates a single e-commerce platform, inclusive of a
website and a mobile application ('marketplace'). This platform is supported by robust IT logistics and payment
infrastructure, facilitating the sale and purchase of consumer products and services ('products') within designated
regions (known as territory)
1.2 These general terms and conditions apply to both buyers and sellers on the marketplace and govern the
utilization of the marketplace and its related services.
1.3 By using our marketplace, you accept these general terms and conditions in their entirety. If you disagree with any
part of these terms and conditions, you must refrain from using our marketplace.
1.4 If you utilize our marketplace for business or organizational purposes, you confirm that you possess the
necessary authority to agree to these general terms and conditions, thereby binding both yourself and the relevant
entity to these terms. Furthermore, you agree that within these general terms and conditions, 'you' may reference
both the individual user and the pertinent company or legal entity, unless the context dictates otherwise.
2. Registration and Account
2.1 You may not register on our marketplace if you are under 18 years of age (by using our marketplace or agreeing
to these general terms and conditions, you warrant and represent to us that you are at least 18 years old).
2.2 When you register for an account on our marketplace, you will be required to provide an email address/user ID
and a password. You agree to:
2.2.1 Keep your password confidential.
2.2.2 Notify us in writing immediately (using our provided contact details in Appendix 1) if you become aware of any
unauthorized access to your password.
2.2.3 Accept responsibility for any activity on our marketplace resulting from your failure to maintain password
confidentiality, and you may be held liable for any losses arising from such failure.
2.2.4 Use your account exclusively and not transfer it to any third party. If you authorize a third party to manage your
account on your behalf, you do so at your own risk.
2.2.5 We reserve the right to suspend or cancel your account, edit your account details, or cancel any products or
services you have paid for but not received, at any time in our sole discretion, without notice or explanation. However,
if we cancel products or services without you breaching these general terms and conditions, we will refund you
accordingly.
2.3 You may cancel your account on our marketplace by contacting us.
3. Terms and Conditions of Sale
3.1 You acknowledge and agree that:
3.1.1 The marketplace serves as an online platform for sellers to offer products and buyers to make purchases.
3.1.2 We act as a facilitator for binding sales on behalf of sellers but are not a party to the transaction between the
seller and the buyer.
3.1.3 A contract for the sale and purchase of a product or products will come into effect between the buyer and
seller. Accordingly, you commit to buying or selling the relevant product or products upon the buyer's confirmation of
purchase via the marketplace.
3.2 Subject to these general terms and conditions, the seller's terms of business will govern the contract for sale and
purchase between the buyer and the seller. Nevertheless, the following provisions will be integrated into the contract
of sale and purchase between the buyer and the seller:
3.2.1 The price for a product will be as stated in the relevant product listing.
3.2.2 The price for the product must include all taxes and comply with applicable laws.
3.2.3 Delivery charges, packaging charges, handling charges, administrative charges, insurance costs, and other
ancillary costs and charges, where applicable, will only be payable by the buyer if expressly stated in the product
listing. Delivery of digital products may be made electronically.
3.2.4 Products must be of satisfactory quality, fit for the specified purpose, and conform in all material respects to
the product listing and any other description of the products provided by the seller to the buyer.
3.2.5 Regarding physical products, the seller warrants that they have good title to and are the sole legal and beneficial
owner of the products and/or have the right to supply the products under this agreement. The products are not
subject to any third-party rights or restrictions, including third-party intellectual property rights, criminal, insolvency, or
tax investigations or proceedings. In the case of digital products, the seller warrants they have the right to supply the
digital products to the buyer.
4. Returns and Refunds
4.1 Returns of products by buyers and acceptance of returned products by sellers will be managed by us in accordance
with the returns page on the marketplace, subject to compliance with applicable laws in the territory.
4.2 Refunds for returned products will be managed in accordance with the refunds page on the marketplace, subject to
applicable laws in the territory. We may offer refunds at our discretion:
4.2.1 In respect of the product price.
4.2.2 Local and/or international shipping fees (as stated on the refunds page).
4.2.3 By way of store credits, vouchers, mobile money transfer, bank transfers, or other methods as determined by us.
4.3 Returned products will be accepted, and refunds will be issued by Benji on behalf of the seller. However, in respect of
digital products or services and fresh food, Benji will issue refunds only for delivery failures. Refunds for these products
for other reasons will be subject to the seller's terms and conditions of sale.
4.4 Changes to our returns page or refunds page will apply to all purchases made from the date of the change's
publication on our website.
5. Payments
5.1 You must make payments due under these general terms and conditions in accordance with the Payments
Information and Guidelines on the marketplace.
6. Store Credit
6.1 Store Credits may be earned and managed following the Benji Store Credit Terms and Conditions, which may be
amended from time to time. Benji reserves the right to cancel or withdraw Benji store credit rewards for any reason at its
discretion, including suspicion of fraud or foul play.
7. Promotions
7.1 Promotions and competitions conducted by Benji and/or other promoters will be managed in accordance with the
Promotions Terms and Conditions, which can be found on our website.
8. Rules about Your Content
8.1 In these general terms and conditions, "your content" refers to all materials submitted to us or our marketplace,
including text, graphics, images, audio, video, scripts, software, and files, as well as communications on the marketplace,
such as product reviews, feedback, and comments.
8.2 Your content and its use by us must be accurate, complete, and truthful.
8.3 Your content must be appropriate, civil, and tasteful, adhering to generally accepted standards of etiquette and
behavior on the internet. Your content must not:
8.3.1 Be offensive, obscene, indecent, pornographic, lewd, suggestive, or sexually explicit.
8.3.2 Depict violence in an explicit, graphic, or gratuitous manner.
8.3.3 Be blasphemous, in breach of racial or religious hatred or discrimination legislation.
8.3.4 Be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, or
inflammatory.
8.3.5 Cause annoyance, inconvenience, or needless anxiety to any person.
8.3.6. constitute spam.
8.4 Your content must not be illegal or unlawful, infringe on any person's legal rights, or give rise to legal action against
any person under any applicable law. Your content must not infringe or breach:
8.4.1 Any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual
property right.
8.4.2 Any right of confidence, right of privacy, or right under data protection legislation.
8.4.3 Any contractual obligation owed to any person.
8.4.4 Any court order.
8.5 You must not use our marketplace to link to any website or web page that, if posted on our marketplace, would
breach these general terms and conditions.
8.6 You must not submit to our marketplace any material that has been the subject of any threatened or actual legal
proceedings or other similar complaints.
8.7 The review function on the marketplace may be used to facilitate buyer reviews on products. You shall not use the
review function or any other form of communication to provide inaccurate, inauthentic, or fake reviews.
8.8 You must not interfere with a transaction by:
8.8.1 Contacting another user to buy or sell an item listed on the marketplace outside of the marketplace.
8.8.2 Communicating with a user involved in an active or completed transaction to warn them away from a particular
buyer, seller, or item.
8.8.3 Contacting another user with the intent to collect any payments.
8.9 You acknowledge that all users of the marketplace are solely responsible for interactions with other users, and you
shall exercise caution and good judgment in your communication with users. You shall not send them personal
information, including credit card details.
8.10 We may periodically review your content and reserve the right to remove any content at our discretion for any
reason whatsoever.
8.11 If you learn of any unlawful material or activity on our marketplace or any material or activity that breaches these
general terms and conditions, you may inform us by contacting us as provided in Appendix 1
9. Our Rights to Use Your Content
9.1 You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish,
translate, distribute, and display your content on our marketplace and across our marketing channels and any existing or
future media.
9.2 You grant us the right to sub-license the rights licensed under section 9.1.
9.3 You grant us the right to bring an action for infringement of the rights licensed under section 9.1.
9.4 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law, and you
warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by
applicable law.
9.5 Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in
any way or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish, or edit any
or all of your content.
10. Use of Website and Mobile Applications
10.1 You may:
10.1.1 View pages from our website in a web browser.
10.1.2 Download pages from our website for caching in a web browser.
10.1.3 Print pages from our website for your own personal and non-commercial use, provided that such printing is not
systematic or excessive.
10.1.4 Stream audio and video files from our website using the media player on our website.
10.1.5 Use our marketplace services via a web browser, subject to the other provisions of these general terms and
conditions.
10.3 Except as expressly permitted by section 10.1.2 or the other provisions of these general terms and conditions, you
must not download any material from our website or save any such material to your computer.
10.4 You may only use our website for your own personal and business purposes in relation to selling or purchasing
products on the marketplace.
10.5 Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any
material on our website.
10.6 Unless you own or control the relevant rights in the material, you must not:
10.6.1 Republish material from our website (including republication on another website).
10.6.2 Sell, rent, or sub-license material from our website.
10.6.3 Show any material from our website in public.
10.6.4 Exploit material from our website for a commercial purpose.
10.6.5 Redistribute material from our website.
10.7 Notwithstanding section 10.6, you may forward links to products on our website and redistribute our newsletter and
promotional materials in print and electronic form to any person.
10.8 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. You
must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
10.9. You must not:
10.9.1. use our website in any way or take any action that causes or may cause damage to the website or impairment of
the performance availability, accessibility, integrity or security of the website;
10.9.2. use our website in any way that is unethical unlawful illegal fraudulent or harmful or in connection with any
unlawful illegal fraudulent or harmful purpose or activity;
10.9.3. hack or otherwise tamper with our website;
10.9.4. probe scan or test the vulnerability of our website without our permission;
10.9.5. circumvent any authentication or security systems or processes on or relating to our website;
10.9.6. use our website to copy store host transmit send use publish or distribute any material which consists of (or is
linked to) any spyware computer virus Trojan horse worm keystroke logger rootkit or other malicious computer software;
10.9.7. impose an unreasonably large load on our website resources (including bandwidth storage capacity and
processing capacity);
10.9.8. decrypt or decipher any communications sent by or to our website without our permission;
10.9.9. conduct any systematic or automated data collection activities (including without limitation scraping data mining
data extraction and data harvesting) on or in relation to our website without our express written consent;
10.9.10. access or otherwise interact with our website using any robot spider or other automated means except for the
purpose of search engine indexing;
10.9.11. use our website except by means of our public interfaces;
10.9.12. violate the directives set out in the robots.txt file for our website;
10.9.13. use data collected from our website for any direct marketing activity (including without limitation email
marketing SMS marketing telemarketing and direct mailing); or
10.9.14. do anything that interferes with the normal use of our website.
11. Copyright and trademarks
11.1. Subject to the express provisions of these general terms and conditions:
11.1.1. we together with our licensors own and control all the copyright and other intellectual property rights in our
website and the material on our website; and
11.1.2. all the copyright and other intellectual property rights in our website and the material on our website are
reserved.
11.2. Benji’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no
permission for the use of these trademarks and such use may constitute an infringement of our rights.
11.3. The third party registered and unregistered trademarks or service marks on our website are the property of their
respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we
cannot grant any license to exercise such rights.
12. Data privacy
12.1. Buyers agree to processing of their personal data in accordance with the terms of Benji’s Privacy and Cookie Notice.
12.2. Benji shall process all personal data obtained through the marketplace and related services in accordance with the
terms of our Privacy and Cookie Notice and Privacy Policy.
12.3. Sellers shall be directly responsible to buyers for any misuse of their personal data and Benji shall bear no liability to
buyers in respect of any misuse by sellers of their personal data.
13. Due diligence and audit rights
13.1. We operate an anti-fraud and anti-money laundering compliance program and reserve the right to perform due
diligence checks on all users of the marketplace.
13.2. You agree to provide to us all such information documentation and access to your business premises as we may
require:
13.2.1. in order to verify your adherence to and performance of your obligations under these terms and conditions;
13.2.2. for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
13.2.3. as otherwise required by law or applicable regulation.
14. Benji’s role as a marketplace
14.1. You acknowledge that:
14.1.1. Benji facilitates a marketplace for buyers and third-party sellers or Benji where Benji is the seller of a product;
14.1.2. the relevant seller of the product (whether Benji is the seller or whether it is a third-party seller) shall at all times
remain exclusively liable for the products they sell on the marketplace; and
14.1.3. in the event that there is an issue arising from the purchase of a product on the marketplace the buyer should
seek recourse from the relevant seller of the product by following the process set out in BENJI'S DISPUTE RESOLUTION
POLICY
14.2. We commit to ensure that Benji or third-party sellers as applicable submit information relating to their products on
the marketplace that is complete accurate and up to date and pursuant thereto:
14.2.1. the relevant seller warrants and represents the completeness and accuracy of their information published on our
marketplace relating to their products;
14.2.2. the relevant seller warrants and represents that the material on the marketplace is up to date; and
14.2.3. if a buyer has a complaint relating to the accuracy or completeness of the product information received from a
seller (including where Benji is the seller) the buyer can seek recourse from the relevant seller by following the process
set out in the BENJI'S DISPUTE RESOLUTION POLICY.
14.3. We do not warrant or represent that the marketplace will operate without fault; or that the marketplace or any
service on the marketplace will remain available during the occurrence of events beyond Benji’s control (force majeure
events) which include but are not limited to; flood drought earthquake or other natural disasters; hacking viruses
malware or other malicious software attacks on the marketplace; terrorist attacks civil war civil commotion or riots; war
threat of or preparation for war; epidemics or pandemics; or extra-constitutional events or circumstances which
materially and adversely affect the political or macro-economic stability of the territory as a whole.
14.4. We reserve the right to discontinue or alter any or all of our marketplace services and to stop publishing our
marketplace at any time in our sole discretion without notice or explanation; and you will not be entitled to any
compensation or other payment upon the discontinuance or alteration of any marketplace services or if we stop
publishing the marketplace. This is without prejudice to your rights in respect of any unfulfilled orders or other existing
liabilities of Benji.
14.5. If we discontinue or alter any or all of our marketplace in circumstances not relating to force majeure we will
provide prior notice to the buyers and sellers of not less than fifteen (15) days with clear guidance on the way forward for
the pending transactions or other existing liabilities of Benji.
14.6. We do not guarantee any commercial results concerning the use of the marketplace.
To the maximum extent permitted by applicable law and subject to section 15.1 below we exclude all representations
and warranties relating to the subject matter of these general terms and conditions our marketplace and the use of our
marketplace.
15. Limitations and exclusions of liability
15.1. Nothing in these general terms and conditions will:
15.1.1. limit any liabilities in any way that is not permitted under applicable law; or
15.1.2. exclude any liabilities or statutory rights that may not be excluded under applicable law.
15.2. The limitations and exclusions of liability set out in this section 15 and elsewhere in these general terms and
conditions:
15.2.1. are subject to section 15.1; and
15.2.2. govern all liabilities arising under these general terms and conditions or relating to the subject matter of these
general terms and conditions including liabilities arising in contract in tort (including negligence) and for breach of
statutory duty except to the extent expressly provided otherwise in these general terms and conditions.
15.3. In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any
nature whatsoever.
15.4. Our aggregate liability to you in respect of any contract to provide services to you under these general terms and
conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the
marketplace shall constitute a separate contract for the purpose of this section 15.
15.5. Notwithstanding section 15.4 above we will not be liable to you for any loss or damage of any nature including in
respect of:
15.5.1. any losses occasioned by any interruption or dysfunction to the website;
15.5.2. any losses arising out of any event or events beyond our reasonable control;
15.5.3. any business losses including (without limitation) loss of or damage to profits income revenue use production
anticipated savings business contracts commercial opportunities or goodwill;
15.5.4. any loss or corruption of any data database or software; or
15.5.5. any special indirect or consequential loss or damage.
15.6. We accept that we have an interest in limiting the personal liability of our officers and employees and having regard
to that interest you acknowledge that we are a limited liability entity; you agree that you will not bring any claim
personally against our officers or employees in respect of any losses you suffer in connection with the marketplace or
these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts
and omissions of our officers and employees).
15.7. Our marketplace includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are
not recommendations. We have no control over third party websites and their contents and we accept no responsibility
for them or for any loss or damage that may arise from your use of them.
16. Indemnification
16.1. You hereby indemnify us and undertake to keep us indemnified against:
16.1.1. any and all losses damages costs liabilities and expenses (including without limitation legal expenses and any
amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly
or indirectly out of your use of our marketplace or any breach by you of any provision of these general terms and
conditions or the Benji codes policies or guidelines; and
16.1.2. any VAT liability or other tax liability that we may incur in relation to any sale supply or purchase made through
our marketplace where that liability arises out of your failure to pay withhold declare or register to pay any VAT or other
tax properly due in any jurisdiction.
17. Breaches of these general terms and conditions
17.1. If we permit the registration of an account on our marketplace it will remain open indefinitely subject to these
general terms and conditions.
17.2. If you breach these general terms and conditions or if we reasonably suspect that you have breached these general
terms and conditions or any Benji codes policies or guidelines in any way we may:
17.2.1. temporarily suspend your access to our marketplace;
17.2.2. permanently prohibit you from accessing our marketplace;
17.2.3. block computers using your IP address from accessing our marketplace;
17.2.4. contact any or all of your internet service providers and request that they block your access to our marketplace;
17.2.5. suspend or delete your account on our marketplace; and/or
17.2.6. commence legal action against you whether for breach of contract or otherwise.
17.3. Where we suspend prohibit or block your access to our marketplace or a part of our marketplace you must not take
any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a
different account).
18. Entire agreement
18.1. These general terms and conditions and the Benji codes policies and guidelines (and in respect of sellers, the seller
terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our
marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace.
19. Hierarchy
19.1. Should these general terms and conditions, the seller terms and conditions and the Benji codes policies and
guidelines be in conflict these terms and conditions ,the seller terms and conditions and the Benji codes policies and
guidelines shall prevail in the order here stated.
20. Variation
20.1. We may revise these general terms and conditions the seller terms and conditions and the Benji codes policies and
guidelines from time to time.
20.2. The revised general terms and conditions shall apply from the date of publication on the marketplace.
21. No waiver
21.1. No waiver of any breach of any provision of these general terms and conditions shall be construed as a further or
continuing waiver of any other breach of that provision or any breach of any other provision of these general terms and
conditions.
22. Severability
22.1. If a provision of these general terms and conditions is determined by any court or other competent authority to be
unlawful and/or unenforceable the other provisions will continue in effect.
22.2. If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or
enforceable if part of it were deleted that part will be deemed to be deleted and the rest of the provision will continue in
effect.
23. Assignment
23.1. You hereby agree that we may assign transfer sub-contract or otherwise deal with our rights and/or obligations
under these general terms and conditions.
23.2. You may not without our prior written consent assign transfer sub-contract or otherwise deal with any of your
rights and/or obligations under these general terms and conditions.
24. Third party rights
24.1. A contract under these general terms and conditions is for our benefit and your benefit and is not intended to
benefit or be enforceable by any third party.
24.2. The exercise of the parties' rights under a contract under these general terms and conditions is not subject to the
consent of any third party.
25. Law and jurisdiction
25.1. These general terms and conditions shall be governed by and construed in accordance with the laws of the
territory.
25.2. Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the
courts of the territory.
26. Our company details and notices
26.1. You can contact us by using the contact details listed in Appendix 1.
26.2. You may contact our sellers for after-sales queries including any disputes by requesting their contact details from
the Benji in accordance with the DISPUTE RESOLUTION POLICY pursuant to which Benji shall be obliged to ensure that the
seller is clearly identifiable.
26.3. You consent to receive notices electronically from us. We may provide all communications and information related
to your use of the marketplace in electronic format either by posting to our website or application or by email to the
email address on your account. All such communications will be deemed to be notices in writing and received by and
properly given to you.
27. Appendix 1
Bomach Group of Company
Alpha Logistics and Courier Services Ltd
450 Ogui Road, Enugu State, Nigeria support@benjiexpress.com