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TELECEL MARKETPLACE MERCHANT TERMS AND CONDITIONS

These Terms and Conditions ("T&Cs") govern the relationship between Telecel Ghana ("we", "our", "us" or "Telecel") and you ("Merchant", "Seller", or "you"), concerning your participation in the Telecel Marketplace ("Marketplace") accessed via our branded mobile app and website.

1. DEFINITIONS

  1. Marketplace: Telecel's mobile and web-based platform for the sale of Merchant products.
  2. Merchant: The vendor to be onboarded to provide its goods or services.
  3. Products: Items offered by the Merchant on the Marketplace, including physical goods, digital downloads, and services.
  4. Customer: Users who purchase products from the Marketplace.
  5. Service Level Commitment: The expected standards of service and responsiveness provided by Merchants.
  6. Content: Any textual, visual, or audio material provided by the Merchant for product listings and promotional purposes.
  7. Telecel Ghana: Telecel Ghana Mobile Financial Services Limited trading under the name Telecel Cash.

2. SERVICE LEVEL AND OPERATING TIMES

  1. Merchants shall ensure that all information displayed on the Marketplace including but not limited to business operating hours, product availability, pricing, and inventory levels are accurate, up-to-date, and not misleading at all times. Merchants agree to update this information promptly through the Merchant App whenever changes occur or inform Telecel Ghana to affect changes.
  2. Merchants shall notify Telecel within 48 hours of any anticipated or actual disruption to its operations, including but not limited to temporary closures, supply chain delays, staff shortages, or natural disruptions, that may affect order fulfillment or customer service. Notice must be submitted via the designated support channels.
  3. Merchants shall process all orders received via the Marketplace within 48 hours of receipt, unless a shorter timeframe applies under Clause 2.4 or as specified in the Product Category Delivery Schedule. "Processing" includes order confirmation, packaging, and handover to a delivery partner or readiness for customer pickup. Delivery must be completed within the Expected Delivery Timeframe specified in the Schedule.
  4. Notwithstanding the general obligation above, certain product categories including but not limited to fast-moving consumer goods (FMCG), restaurant and food service items, and perishable goods, may require expedited processing and delivery due to their nature.
  5. Telecel reserves the right to establish, modify, and enforce category-specific processing and delivery timelines, as set forth in the Product Category Delivery Schedule (accessible via the Merchant Onboarding Portal). Such timelines form part of these Terms and may be updated by Telecel from time to time upon 30 days' notice to Merchants via email or in-app notification.
    PRODUCT CATEGORY MAXIMUM PROCESSING TIME EXPECTED DELIVERY TIMEFRAME
    General Retail Products 48 hours 2–4 working days
    FMCG 24 hours 1–2 working days
    Restaurant/Food Orders 2 hours Within same day
    Perishable Goods 12 hours Within 1–2 days
  6. Merchants shall acknowledge and respond to all customer complaints or service flags raised through the Marketplace platform within 24 hours of notification. Failure to respond may result in order cancellation, customer refund, or disciplinary action including suspension of Marketplace access.

3. PRODUCT AND SERVICE INFORMATION

  1. Product/Service Categories: Merchants shall accurately specify the primary and secondary categories of products or services it intends to offer on the Marketplace, selected from the category list provided by Telecel. Merchants shall promptly update its category selection through the Merchant App if its offerings change.
  2. Example Listings: As part of the onboarding process, Merchants shall submit three (3) to five (5) representative examples of its products or services, including clear images, accurate descriptions, and indicative pricing. These examples will be used by Telecel for vetting, categorization, and quality assessment.
  3. Upon approval, Merchants may list additional products or services on the Marketplace, provided that:
    1. All listings are consistent in nature and quality with the approved examples,
    2. Each listing complies with the Marketplace's Content Guidelines Policy (including accuracy, image standards, and prohibited content),
    3. Merchants do not engage in misleading, duplicate, or spam listings.
  4. Sourcing Disclosure: Merchants shall disclose whether products are self-manufactured or sourced from third parties, including the names of major suppliers upon request.
  5. Catalogue Format: Merchants shall maintain and provide to Telecel an up-to-date digital catalogue in a format approved by Telecel (such as PDF, CSV, or JSON), containing the following information for each offering: (i) name and description, (ii) unique identifier, (iii) pricing, and (iv) additional details as applicable (e.g. images and stock levels for products, service specifications and terms for services).

4. FULFILMENT AND OPERATIONS

  1. Delivery Capabilities:
    1. Merchant Fulfillment Options: Merchants shall determine their preferred fulfillment method for customers, which may include in-store service, delivery (with specified options, such as in-house or third-party logistics), or pickup, and shall clearly communicate these options to customers on the Marketplace.
    2. Merchants shall clearly specify its delivery timelines and geographic coverage areas in its Marketplace profile, ensuring that customers have accurate information regarding delivery expectations and availability.
  2. Order Capacity: Merchants shall declare their reliable daily/weekly order fulfillment capacity and notify Telecel in writing at least fourteen (14) days in advance of any material changes.
  3. Return Policy: Merchants shall adhere strictly to Telecel's Return and Refund Policy where customers are supposed to deal directly with Merchants
  4. Any Merchant-specific return conditions must be pre-approved by Telecel and displayed conspicuously in product listings.

5. IMAGES AND BRANDING

  1. Brand Assets
    1. Merchants shall upload at least one (1) high-quality image of their shopfront, logo, or branding materials (minimum 300 DPI) during onboarding.
  2. Promotional License
    1. By agreeing to these Terms and Conditions, Merchants grant Telecel a non-exclusive, royalty-free license to use their shop name, logo, product images, and other branding materials for promotional purposes across all Telecel platforms and third-party channels.

6. SUPPORT AND RESPONSIVENESS

  1. Communication Protocols
    1. Telecel shall deliver operational communications, including order alerts, contractual notices, policy updates, and service bulletins, to Merchants via SMS, email, or in-app notifications, and Merchants acknowledges that Telecel shall not be liable for any missed communications resulting from inaccurate contact information or failure to regularly access these channels.
  2. Response Times
    1. Merchants shall respond to order confirmations within two (2) hours of receipt. In relation to customer queries, Merchants shall:
      1. respond to general customer queries (not related to a specific order) within twenty-four (24) hours; and
      2. respond to customer queries that directly relate to an active or fulfilled order (including delivery status, order amendments, returns, or complaints) within twelve (12) hours.
    2. These obligations are to be read together with the service level expectations set out in Section 2.4 of this Agreement.

7. RELATIONSHIP BETWEEN PARTIES

  1. The relationship between Telecel and the Merchant is strictly that of an independent service provider (Telecel) and an independent business (Merchant). Nothing in these Terms shall be construed to create a partnership, joint venture, employment, agency, franchise, or any other legal relationship that would impose liability on either party for the acts or omissions of the other.
  2. Merchants have no authority to bind Telecel contractually or represent itself as an agent, employee, or affiliate of Telecel.
  3. Merchants are solely responsible for the operation of their business, including staffing, tax compliance, licensing, product sourcing, pricing, fulfillment, and customer service. Telecel exercises no control over the Merchant's operations and does not supervise, direct, or manage the Merchant's business activities.
  4. Use of the term "Partner" or similar labels on the Platform is for convenience only and does not create any legal rights or obligations beyond those expressly stated in these Terms.

8. LICENSE AND USE OF INFORMATION

  1. Merchants grant Telecel a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, and distribute the Merchant's Content for purposes of operating, promoting, and improving the Marketplace and Telecel services, including marketing campaigns and derivative works, with the license being revocable upon account termination except for content already used in archived or publicly distributed materials.
  2. Telecel may collect and use non-personal business information and performance data generated through the Merchant's use of the Platform, including sales volume, product categories, customer reviews, and service metrics, for purposes of improving its services, generating market insights, and supporting business development.
  3. Telecel may share data with third parties in the following circumstances: with service providers under confidentiality agreements, as aggregated and anonymized data, or with the Merchant's prior written consent for identifiable business information.
  4. Merchants represent and warrant that it owns or has the necessary rights to all Content uploaded to the Platform and that Telecel's use of such Content will not infringe any third party's intellectual property or privacy rights.

9. PRICING AND DISCOUNTS

  1. Merchants acknowledge and agree to the commission structure and payout schedule (end-of-day processing) as detailed under the Commission Agreement.
  2. Telecel may run platform-wide promotions or customer discounts at its discretion, with the cost borne by Telecel, the Merchant receiving its full pre-agreed share of the final transaction value, and the Merchant's listed prices not being altered without consent.
  3. Merchants agree to participate in dynamic pricing initiatives, including flash promotions or discounts (e.g., first-time customer offers), as determined by Telecel to enhance Marketplace performance. Opt-out requests require 48 hours notice.
  4. All prices listed by Merchants on the Marketplace shall be inclusive of all applicable statutory taxes, including but not limited to Value Added Tax (VAT), in compliance with applicable tax laws.
  5. Merchants are solely responsible for ensuring that product prices are accurately calculated to include VAT and that such taxes are duly reported and remitted in accordance with applicable tax laws. Telecel shall not be held liable for any tax default arising from the Merchant's non-compliance.

10. RETURNS, REFUNDS, AND EXCHANGES

  1. Merchants agree to comply with the Marketplace's Return and Refund Policy clearly communicated to Customers.
  2. Merchants are responsible for clearly specifying any limitations or conditions related to returns and refunds in their product listings.
  3. Merchants must honor customer returns in line with Telecel's stated policy, which includes:
    1. Return window: within fourteen (14) days of receipt for standard products provided the products are not exempted under Clause 10.3.2 below, and that are not classified as perishable, customized, personal hygiene-related, or otherwise listed as non-returnable on the Marketplace.
    2. Non-returnable products: perishable goods, personalized items, digital goods, and hygiene-sensitive products unless defective.
    3. Refund method: refunds processed within 7 business days to the original payment method.
  4. In the event of logistics-related failures or failed deliveries due to incomplete address information, unavailability of the Customer, or refusal to accept the order:
    1. Telecel shall coordinate with the logistics provider to reattempt delivery where feasible. The Merchant shall bear any additional delivery costs only where such costs have been expressly agreed in the Merchant's logistics contract or accepted in writing in advance.
    2. Where no such prior agreement or acceptance exists, the Customer shall bear the cost of the reattempted delivery, or the Parties shall agree in writing on the allocation of such cost prior to the reattempt.
    3. Cancelled standard Products may be returned to the Merchant provided they are in good and saleable condition. In such cases, no compensation shall be due. However, where returned Products are damaged, lost, or rendered unsellable during delivery by a Telecel-approved logistics partner, compensation shall be made to the Merchant by the said approved logistics partner, in accordance with the documented cost of the affected items, as pre-agreed between the parties.
  5. For perishable goods and ready-to-eat food items, no returns shall be accepted after delivery has been attempted or completed, unless the item is materially defective at the point of delivery. In such cases, the Merchant shall bear the cost of the return and any associated logistics.
  6. For non-food items, Merchants shall accept returns as per the Marketplace Return and Refund Policy, except where explicitly stated otherwise in the product listing and approved by Telecel.
  7. Merchants are required to cooperate in resolving all failed delivery and return matters in good faith and within two (2) business days of notification.
  8. Merchants must inspect returned items and, within two (2) business days of receipt, confirm directly to the Customer whether the return is approved or denied. If approved, the Merchant shall process the refund directly.

11. MERCHANT PAYMENTS AND FEES

  1. Payments to Merchants are made electronically to the provided bank account or mobile money wallet, upon merchant-initiated payout requests via the Telecel dashboard.
  2. Each payout request incurs a nominal processing fee clearly indicated on your merchant dashboard.
  3. Telecel reserves the right to retain payouts temporarily in case of disputes, excessive customer complaints, or suspected policy breaches until resolution.
  4. Where a Customer cancels an order after the item has been handed over by the Merchant for delivery, the following shall apply:
    1. The Merchant may be entitled to retain or recover reasonable cancellation, or restocking fees equivalent to the operational cost incurred from the Customer, subject to Telecel's approval and transparency to the Customer.
    2. If the order is cancelled after dispatch but before delivery, and the item cannot be reused or resold (e.g., cooked food or customized products), Telecel reserves the right to process partial payment to the Merchant.
    3. Merchants shall not impose punitive or hidden cancellation charges without prior disclosure and approval by Telecel. All applicable cancellation fees must be clearly stated in the Merchant profile or product terms.

12. MERCHANT OBLIGATIONS AND WARRANTY

  1. Merchants warrant that:
    1. Products listed do not violate intellectual property rights or local laws.
    2. Products listed are authentic, safe, and meet quality standards.
    3. Merchants must adhere strictly to applicable Ghanaian laws regarding consumer rights, data protection, and electronic transactions.

13. ANTI-MONEY LAUNDERING (AML) COMPLIANCE

  1. All Merchants are subject to identity verification procedures, including the submission of valid business registration documents, proof of address, and verification of beneficial owners. Telecel may use automated tools to verify Merchant identity, ownership, and legitimacy.
  2. Telecel reserves the right to screen Merchants against global sanctions lists, politically exposed persons (PEP) databases, and adverse media reports. Telecel may suspend or reject any Merchant flagged during screening, or request additional documentation.
  3. All transactions conducted through the Marketplace are subject to ongoing monitoring to detect suspicious activity. Telecel may investigate unusually large, irregular, or high-risk transactions using automated KYT (Know Your Transaction) systems.
  4. Telecel shall report any activity suspected of money laundering or financing of terrorism to the Financial Intelligence Centre (FIC) in accordance with Anti-Money Laundering Act, 2020 (Act 1044). Merchants agree to cooperate in any such investigation.
  5. Telecel shall retain Merchant onboarding and transaction data for a minimum of five (5) years after account termination, or longer if required by law.
  6. Telecel reserves the right to audit Merchant accounts, documentation, and transactional activity to ensure compliance with AML laws and platform policies. Merchants shall cooperate fully with any such audit or investigation.

14. DATA PROTECTION AND PRIVACY

  1. Merchants must comply with all applicable data protection and privacy laws.
  2. Merchants acknowledge Telecel's right to collect, store, and share Merchant and Customer data according to its Privacy Policy and relevant laws.

15. INTELLECTUAL PROPERTY RIGHTS

  1. All intellectual property rights in the Marketplace, including branding, trademarks, and system design, belong exclusively to Telecel.
  2. Merchants must not infringe upon Telecel's intellectual property rights.

16. INDEMNITY AND LIABILITY

  1. Merchants agree to indemnify Telecel from claims, losses, damages, or liabilities arising from:
    1. Merchant products or content infringing intellectual property rights or laws.
    2. Breach of this Agreement by the Merchant.
    3. Claims resulting from Merchant's operations or interactions with customers.

17. MODIFICATIONS AND AMENDMENTS

  1. Telecel reserves the right to amend these Terms and Conditions at any time. Merchants will be notified electronically of changes. Continued use of the Marketplace constitutes acceptance of amendments.

18. CONSENT CLAUSES

  1. Compliance: Merchants expressly agrees to comply with all terms of this Agreement, including Telecel's policies on data protection, inventory accuracy, and pricing parity.
  2. Data Sharing: Merchants consent to the use of their business data (sales, customer feedback, etc.) for Marketplace analytics, performance improvement, and sharing with third-party service providers, where applicable.
  3. Inventory and Pricing Integrity: The Merchant is responsible for ensuring that prices and details for all offerings, including products and services, listed on the Marketplace are accurate, reflect the Merchant's standard pricing, include the agreed-upon commission, and are updated in real-time to prevent discrepancies.

19. DISPUTE RESOLUTION

  1. Any disputes shall first be addressed amicably between Telecel and the Merchant.
  2. Unresolved disputes will be subject to arbitration under the laws of Ghana.

20. TERMINATION

  1. Either party may terminate this Agreement with 30 days written notice.
  2. Telecel may immediately suspend or terminate Merchant access for material breaches, including fraud, illegal activity, repeated customer complaints, or failure to comply with platform policies.
  3. Upon termination, all outstanding obligations including payments, returns, and data handling must be fulfilled within thirty (30) days.

21. GOVERNING LAW

  1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Ghana.
  2. Any legal proceedings arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Ghana.

By accepting these Terms and Conditions, you acknowledge that you have read, understood, and agree to be bound by all provisions herein.