Customer Terms of Service
Document: WeMall-ToS-v3.0 | Last Updated: June 16, 2026
⚠️ IMPORTANT — PLEASE READ CAREFULLY
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Buyer," or "you") and WeMall Inc. ("WeMall," "we," "our"). By accessing or using the WeMall platform, mobile application, or any associated services (collectively, the "Platform"), you affirm that you are at least 18 years of age, have read these Terms in full, and agree to be bound by them. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
Table of Contents
Welcome to WeMall. These Terms of Service ("Terms") govern your access to and use of the WeMall multi-vendor e-commerce platform, the WeFast on-demand delivery network, and all associated mobile applications, websites, APIs, and services (collectively, the "Services"). By registering an account, placing an order, or otherwise accessing the Services, you confirm unconditional acceptance of these Terms and our Privacy Policy, which is incorporated herein by reference.
1. Contractual Relationship & Platform Disclaimer
1.1 Nature of the Platform
WeMall is a technology intermediary platform that provides tools enabling independent third-party merchants ("Sellers") to list, promote, and sell products directly to consumers ("Buyers"). WeMall is not a retailer, manufacturer, distributor, importer, wholesaler, packer, or reseller of any products listed on the Platform. The sale contract for any product is formed exclusively between the Buyer and the Seller.
1.2 No Inspection or Verification
WeMall does not inspect, test, certify, authenticate, or verify any product listed on the Platform. WeMall makes no representation or warranty regarding the quality, safety, legality, accuracy, or suitability of any product for any purpose. Any product descriptions, specifications, images, or reviews are provided by Sellers and may not accurately represent the actual product.
1.3 AS-IS & AS-AVAILABLE Services
The Services and all products available thereon are provided on an "AS IS" and "AS AVAILABLE" basis without any warranty of any kind, whether express, implied, statutory, or otherwise. WeMall expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information to the fullest extent permitted by applicable law.
1.4 Platform as Marketplace
WeMall provides a venue for commerce. All questions regarding a product's fitness, legality, authenticity, or compliance must be directed to the Seller. WeMall does not endorse any Seller or product. WeMall is not a party to any transaction between Buyers and Sellers and shall not be held responsible for disputes arising therefrom.
2. Binding Individual Arbitration & Class Action Waiver
CRITICAL LEGAL NOTICE — WAIVER OF JURY TRIAL & CLASS ACTION RIGHTS
BINDING INDIVIDUAL ARBITRATION: YOU AGREE THAT ALL DISPUTES, CONTROVERSIES, OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, ANY PRODUCT PURCHASED, OR YOUR RELATIONSHIP WITH WEMALL (COLLECTIVELY, "DISPUTES") WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL OR BENCH TRIAL IN ANY COURT OF LAW.
CLASS ACTION WAIVER: YOU AND WEMALL EACH AGREE THAT CLAIMS AGAINST THE OTHER SHALL BE BROUGHT SOLELY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
2.1 Arbitration Procedure
The arbitration will be conducted in the English language. The place of arbitration shall be designated by WeMall in its sole discretion, which may include conducting the arbitration via videoconference. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction as necessary to protect its intellectual property rights or confidential information pending the arbitration outcome.
2.2 Costs of Arbitration
WeMall will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated pursuant to these Terms, unless the arbitrator finds the claim frivolous, in which case the costs shall be governed by the AAA Consumer Arbitration Rules. Each party is responsible for its own attorney's fees unless applicable law requires otherwise.
2.3 Small Claims Exception
Notwithstanding the above, either party may elect to resolve a dispute in small claims court provided the claim qualifies under the applicable jurisdiction's small claims court rules and does not seek relief on behalf of others. WeMall reserves the right to remove a small claims action to arbitration if it determines the claim exceeds small claims thresholds.
2.4 Opt-Out Right
You have the right to opt out of the arbitration agreement within 30 days of first accepting these Terms by sending a written notice to legal@wemall.com stating your name, account email, and intention to opt out. Opting out does not affect other terms and conditions. After the 30-day opt-out window, this arbitration agreement shall be binding and irrevocable.
3. Absolute Limitation of Liability
3.1 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEMALL, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, USE, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OR INABILITY TO USE THE SERVICES; (B) ANY PRODUCT PURCHASED THROUGH THE PLATFORM; (C) ANY DELIVERY OR LOGISTICS SERVICES PERFORMED BY INDEPENDENT RIDERS; OR (D) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
3.2 Financial Liability Cap
WEMALL'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO A SPECIFIC TRANSACTION OR SERIES OF RELATED TRANSACTIONS SHALL NOT EXCEED THE LESSER OF: (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD), OR (B) THE TOTAL PURCHASE PRICE PAID BY YOU FOR THE SPECIFIC ITEM GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
3.3 Essential Basis of Bargain
You acknowledge that WeMall has set its prices and entered into these Terms in reliance upon the limitations of liability and disclaimers of warranties set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
3.4 Force Majeure
WeMall shall not be liable for any failure or delay in performing its obligations under these Terms arising from circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, epidemic or pandemic, government restrictions, internet outages, cyberattacks, war, civil unrest, strikes, or other labour disputes.
4. Delivery & Property Disclaimers — WeFast Network
4.1 Dispatch Facilitation Only
WeMall and its associated delivery service WeFast act exclusively as technology dispatch facilitators. We connect independent delivery riders ("Riders") with the delivery request. WeFast does not own or operate any delivery vehicles and does not employ any Riders. All deliveries are performed by independent contractors.
4.2 No Delivery Guarantees
WeMall and WeFast do not guarantee: (a) any specific delivery timelines or estimated time of arrival (ETA) displayed in the application; (b) the condition, integrity, or temperature of goods upon delivery; (c) that the delivery will be completed at all in circumstances beyond our control, including failed delivery attempts or customer unavailability.
4.3 Lost, Damaged, or Stolen Parcels
WeMall and WeFast expressly disclaim liability for goods that are damaged, lost, mis-delivered, or stolen in transit by independent Riders. In the event of such an incident, your remedy lies exclusively against the Seller (for refund or replacement) or the individual Rider (for negligence). WeMall will make commercially reasonable efforts to facilitate communication between the parties but assumes no financial liability.
4.4 Delivery Address Accuracy
You are solely responsible for providing accurate, complete, and deliverable delivery address information. WeMall and WeFast are not liable for delivery failures, mis-deliveries, or delays arising from incorrect or incomplete address information provided by you.
4.5 Contactless Delivery
For contactless or unattended deliveries, once the Rider marks the package as "delivered" with photographic proof at the designated address, WeMall and WeFast are released from any obligation for the item. The risk of loss and title shall transfer to you upon such confirmed delivery.
5. Indemnification by User
You agree to indemnify, defend, and hold harmless WeMall Inc., its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services, including information submitted or transmitted through the Services; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; (d) any claim that your actions caused damage to a third party; (e) your breach of any applicable laws or regulations; or (f) any fraud or intentional misconduct committed by you. WeMall reserves the right to assume exclusive control of the defense of any matter for which you are required to indemnify us, at your expense.
6. Disclaimer of Warranties
WEMALL MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
7. User Accounts & Security
7.1 Account Registration
To access certain features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. WeMall reserves the right to refuse registration to any person for any reason in its sole discretion.
7.2 Account Security & Responsibility
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify WeMall of any unauthorized use of your account. WeMall is not liable for any loss or damage arising from your failure to comply with this security obligation.
7.3 One Account Per Person
You may only maintain one account on the Platform. Creating multiple accounts to circumvent bans, restrictions, promotions, or policies is strictly prohibited. WeMall reserves the right to permanently ban all associated accounts and forfeit any outstanding credits or balances.
7.4 Account Termination by WeMall
WeMall reserves the right to suspend or permanently terminate your account at any time, for any reason or no reason, at its sole and absolute discretion, with or without prior notice, and without liability to you. Upon termination, your right to use the Services will immediately cease.
8. Prohibited Conduct
You agree not to, and will not assist, encourage, or enable others to:
- Use the Platform for any fraudulent, deceptive, or illegal purpose, including money laundering, fraud, or unauthorized data collection.
- Attempt to gain unauthorized access to any portion of the Platform or any other systems or networks connected to WeMall.
- Upload, post, or transmit any content that is defamatory, obscene, harassing, abusive, threatening, or that infringes any third-party intellectual property rights.
- Use automated tools, bots, scrapers, or data mining technologies to access the Platform without WeMall's express written permission.
- Reverse-engineer, decompile, disassemble, or attempt to derive the source code of any software used in the Platform.
- Manipulate prices, reviews, ratings, or feedback systems through any artificial or dishonest means.
- Circumvent, disable, or otherwise interfere with security-related features of the Platform.
- Post or sell counterfeit, unsafe, prohibited, or stolen goods on the marketplace.
Violations of this section may result in immediate account termination, forfeiture of balances, and reporting to law enforcement authorities.
9. Intellectual Property
The Platform and its entire contents, features, and functionality — including but not limited to all information, software, text, displays, images, video, audio, and their design, selection, and arrangement — are owned by WeMall, its licensors, or other providers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license solely to access and use the Platform for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from the Platform without prior written consent.
10. Payments & Refunds
10.1 Payment Processing
All payments are processed by independent, third-party payment processors (e.g., Stripe, PayStack, Flutterwave). WeMall does not store your full payment card details. WeMall is not liable for any errors, failures, or fraud committed by third-party payment processors.
10.2 Refund Eligibility
Refunds are subject to the individual Seller's return policy as well as WeMall's Refund, Return & Dispute Policy. WeMall does not guarantee refunds for any purchase. Refund requests must be submitted through the Platform's dispute system within the applicable window. All refund decisions are made at WeMall's sole discretion.
10.3 Wallet & Store Credits
WeMall store credits and wallet balances have no cash value, are non-transferable, and are not redeemable for cash. WeMall reserves the right to expire, modify, or revoke store credits at any time without notice or compensation.
10.4 Taxes
You are responsible for all applicable taxes associated with your purchases. WeMall may collect applicable sales taxes where required by law and remit them to the appropriate authorities on behalf of Sellers.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration as described above, you consent to personal jurisdiction in the state and federal courts located in New Castle County, Delaware. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
12. Modifications to Terms
WeMall reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform with a new "Last Updated" date. Your continued use of the Services after any modification constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue using the Services.
For legal inquiries, please contact: legal@wemall.com | WeMall Inc., 1234 Commerce Street, Wilmington, DE 19801, USA.