Welcome to FirstMedTrade Africa!
Terms and Conditions for Sellers and Buyers
Welcome to First MedTrade Africa (“FMT,” "we" "us" or "our"). FMT Africa is a premier online medical market in Nigeria that facilitates the aggregation of manufacturers, global distributors, and retailers to provide hospitals, consumers, and related entities with access to a wide range of medical products. FMT Africa acts as a bridge connecting various stakeholders to ensure product accessibility, affordability, and quality assurance.
These terms and conditions ("Terms") govern your use of our website as a seller and buyer of products from our medical e-commerce store, including the application and participation in the Retailers, Authorized Distributors, and Manufacturers categories. By applying to become a seller or buyer, creating an account, and making a purchase and using our website, you agree to abide by these Terms. If you disagree with these terms and conditions or any part of these terms and conditions you are not competent to use
our website.
Please read them carefully.
1. Application
Use of the FMT Website is available only to persons who can form legally binding contracts under Nigerian governing laws. If you are under the age of 18 years, you shall not register as a Seller or Buyer on FMT website and shall not transact or use FMT website. As a minor, if you wish to use or transact on our website, such use or transaction may be made by your legal guardian or parents who have registered as users of our website in accordance with the Nigeria Data Protection Act, 2023.
We reserve the right to terminate your membership and refuse to provide you with access to our website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
2. ACCOUNT
To place orders and access certain features, you may be required to create an account. You agree to provide accurate and complete information during the registration process and to keep your account details updated. You are responsible for safeguarding the password that you use to access your account
and for any activities or actions under your password. We encourage you to use “strong” passwords with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
To become a seller on our website, you must complete the appropriate application form based on your category.
We reserve the right to approve or deny applications at our discretion. Our decision is final and not subject to appeal.
3. Categories
Retailers
Retailers are sellers who purchase products from Authorized Distributors or Manufacturers for resale on our website.
Retailers must provide accurate and up-to-date business information during the application process.
Authorized Distributors
Authorized Distributors are sellers who have been granted permission by Manufacturers to distribute
their products on our website.
Authorized Distributors must provide documentation proving their authorization from Manufacturers.
Manufacturers
Manufacturers are sellers who produce the products they intend to sell on our website.
Manufacturers must provide evidence of their manufacturing capabilities and relevant certifications.
4. Ordering and Purchase
By placing an order on our website, you agree to purchase the selected products at the specified price, including any applicable taxes and shipping charges.
Orders are subject to availability. We reserve the right to cancel or modify orders if products are unavailable or for any other reason.
5. Product Descriptions
We strive to provide accurate product descriptions and images, but we do not guarantee the accuracy, completeness, or reliability of such information.
Sellers shall provide accurate description of their products on our website and shall comply with Clause 10 of these Terms.
8. Product Listings and content
Sellers are responsible for creating accurate and complete product listings, including descriptions, images, and prices. Product listings must comply with our guidelines and not violate any laws or regulations and shall not share any information that:
engages in commercial activities and/or sales without FMT's prior written consent. Throughout this Terms of Use, FMT. "Prior written consent" means a communication coming from our Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
Shall not be false, inaccurate or misleading;
Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
belongs to another person and to which You do not have any right or is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
involves the transmission of "junk mail," "chain letters," or unsolicited massmailing or "spamming";
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
contains video, photographs, or images of another person aged 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
interferes with another user's use and enjoyment of our Website or any other individual's user and enjoyment of similar services;
violates any law for the time being in force;
impersonate another person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
9. Orders and Fulfilments
Sellers are responsible for processing and fulfilling orders promptly and accurately.
Shipping options, costs, and estimated delivery times must be clearly communicated to buyers during checkout.
10. Payment and Fees
Sellers agree to pay us a commission on each sale made through the website. The commission shall be solely determined by the agreement of the Vendor and us and shall be subject to review from time to time.
The commission rates and payment methods will be specified in separate agreements based on the category.
11. Product Quality and Warranty
Sellers must provide products that meet the quality standards and specifications described in their listings.
Manufacturers and Authorized Distributors must provide warranties, if applicable, as specified in their listings.
For internationally imported products, FMT Africa provides a 1-year product warranty from the date of purchase. This warranty covers defects in materials and workmanship. If a product is found to be defective within the warranty period, FMT Africa will facilitate the repair, replacement, or refund of the product, subject to manufacturer guidelines.
12. Machine Equipment
For machine equipment purchases, FMT Africa ensures the following:
Local Content Training: Manufacturers are required to provide training for local technicians to ensure proper servicing of machines.
Availability of Spare Parts: Manufacturers must ensure the availability of basic spare parts for the imported machines.
13. Local Vendors
For vendors selling products on the FMT Africa website, the following terms apply:
Service Commission: FMT Africa is entitled to a service commission as agreed upon by both the vendor and FMT Africa.
Price and Product Updates: Vendors are solely responsible for maintaining accurate and up-to-date product information and pricing on the website.
Payment Processing: All purchases made through the FMT Africawebsite will be processed directly by FMT Africa.
14. Returns and Refunds.
Our Return and Refund Policy outlines the process and conditions for returning products and seeking refunds. If a machine or device develops a fault that cannot be fixed locally, FMT Africa provides a return policy as follows:
The cost of return will be covered by the manufacturer or may be split between both parties based on mutual agreement.
Certain products, such as personalized items or items with hygiene concerns, may be non-returnable.
If a product is not as described, your sole remedy is to return it in unused condition.
Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with these Terms as may be amended from time to time. Acceptance of returns shall be in our discretion subject to compliance with applicable laws of the Federal Republic of Nigeria.
Returned products shall be accepted and refunds issued by us acting for and on behalf of the seller. Notwithstanding the above, FMT shall not accept products and refund where the seller has its own terms and conditions of sale regulating return and refund. Provided that FMT shall not be bound by such terms and conditions.
Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website.
All returns in respect of local items shall be returned in the original condition it was purchased within 7 (Seven) business days. Business days includes…..
15. Cancellation of order
FMT reserves the right to cancel any order without any explanation for doing so, under situations where FMT is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with our policy or for any reason. However, FMT will ensure that any communication of cancellation of an order is intimated within the appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
Note that in the event of cancellation of a ‘pay on delivery’ orders, FMT will not be liable in any form where the customer proceeds to receive orders following an earlier cancellation.
16. Insurance
Please note that as of now, FMT Africa does not provide insurance for product protection. However, we are actively working towards implementing insurance options for added protection. Sellers shall be responsible for insurance in relation to goods shipped to customers.
17. Intellectual Property
All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on our website, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
18. Your Right to use the Services.
We give you a personal, and non-exclusive right to use the website. This right is for the sole purpose of enabling you to use and enjoy the benefit of the Serviceas provided by us, in the manner permitted by these Terms.
19. Our Rights
All right, title, and interest in and to the Services are and will remain our exclusive property The Services are protected by copyright, trademark, and other laws of the Federal Republic of Nigeria. Nothing in the Terms gives you a right to use the name or any of the trademarks, logos, domain names, and other distinctive brand features of First MedTrade Africa.
Any feedback, comments, or suggestions you may provide regarding First MedTrade Africa, or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
20. Ending These Terms
The Terms will continue to apply until terminated by either you or us as follows. You may end your legal agreement with us at any time for any or no reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity under our Inactive Account Policy. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable.
21. Privacy Policy
Your use of our website is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. Any information that you or other users provide to us is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the website you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the Federal Republic of Nigeria/or other countries for storage, processing and use by us. As part of providing you the website, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Servicesand your account, which you may not be able to optout from receiving.
22. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $50.00).
23. Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by the Nigerian laws without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in the Federal Republic of Nigeria, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are a federal, state, or local government entity in Nigeria using the website in your official capacity and legally unable to accept the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For such government entities, these Terms and any action related thereto will be governed by the laws of the Federal Republic of Nigeria.
24. Waiver and Severability
The failure of First MedTrade Africa to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
25. Changes to Terms and Conditions
We reserve the right to modify, update, or replace these Terms at any time. Changes will be effective upon posting on our website.It is your responsibility to review these Terms periodically for any updates.
26. Contact Us
For inquiries, assistance, or feedback, you can contact our seller support team at
[info@firstmedtrade.com] or [+2347012367770].
By becoming a seller or buyer and using our website, you acknowledge that you have read, understood, and agree to these Seller Terms and Conditions.
Thanks for using First MedTrade Africa.
