Maua Terms of Use

Last modified: 10/13/21

PLEASE READ THESE TERMS CAREFULLY BEFORE USING MAUA. BY USING MAUA, YOU AGREE TO BE BOUND BY THESE TERMS.

1.What is Maua?

Maua is an eCommerce platform that allows anyone in Samoa to buy, sell and get delivery of Items for personal or business use. It connects buyers with sellers, and buyers with drivers who can deliver Items purchased. Maua is accessible through its website www.maua.app and the Maua App. Maua is owned and operated by Skyeye Limited, a Samoa incorporated private company with registered office at Vaimoso.

YOU ACKNOWLEDGE AND ACCEPT THAT MAUA IS AN ONLINE MARKETPLACE CONNECTING BUYERS, SELLERS AND DRIVERS AND IT DOES NOT SELL ITEMS OR PROVIDE DELIVERY SERVICES ITSELF. FURTHERMORE, MAUA IS NOT AN AGENT FOR ANY BUYER, SELLER OR DRIVER AND ITEMS SOLD AND THE DELIVERY SERVICES PROVIDED USING MAUA ARE SUPPLIED BY INDEPENDENT THIRD PARTY

2.Trust and safety

People will use Maua if they trust other users and feel confident they can buy or sell the Items they want and have the Items delivered to them untampered and in a timely manner. To help users trust each other and feel confident we:

2.1 verify the identity of all users;

2.2 use global positioning system technology to provide an accurate location of users;

2.3 allow users to rate and review their transactions and then we share this information with all users;

2.4 monitor our platform for misuse, abuse or illegal activity;

2.5 will take appropriate action when we become aware of a breach of these Terms of Use. 2.6 This could be issuing a warning, removing content from the platform, suspending or terminating a user’s Maua profile, or contacting the relevant authorities such as the police; and may disclose suspected breaches of intellectual property to intellectual property rights holders.

YOU ACKNOWLEDGE AND ACCEPT THAT WE DO NOT SCREEN ITEMS ADVERTISED FOR SALE ON MAUA AND DO NOT GUARANTEE THAT ITEMS FOR SALE COMPLY WITH CONSUMER PROTECTION LAWS. FURTHERMORE, ALTHOUGH WE TAKE STEPS TO VERIFY THE IDENTITY OF ALL USERS, WE DO NOT GUARANTEE THE CHARACTER OR CONDUCT OF ANY USER NOR ARE WE RESPONSIBLE FOR ANY MISUSE OF MAUA BY ANY USER.

3.Registering to use Maua

You can register as a buyer, seller and or driver. Registration is free but is subject to our pre-approval. To become a user you must:

3.1 Have an active Samoa mobile telephone number;

3.2 Be registered with Digicel Mobile Money or Vodafone M-Tala;

3.3 In the case of a driver, have a valid full driver’s licence and access to a vehicle to provide delivery services; and

3.4 Complete a registration process and provide true and accurate information about yourself so that we can verify your identity. All users must provide photo identification.

4.General terms for all users

By registering as a user, you agree to:

4.1 provide us with true and accurate information about yourself;

4.2 always keep your Maua profile up-to-date with current information about you;

only use Maua for lawful purposes;

4.3 not use Maua to defraud, harass, mislead, prank or cause nuisance to any person;

4.4 not allow any other person to use your Maua profile unless authorised by us;

4.5 comply with all other Maua Terms of Use.

5.Selling Items

If you are registered as a seller, you may list Items for sale on Maua. All sales must comply with the following rules:

5.1 You may only list Items for sale that you own and/or have a right to sell and that are not encumbered;

5.2 You are not allowed to sell illegal, stolen or unsafe Items;

5.3 Items you sell must not breach the intellectual property rights of any person;

5.4 You must accurately describe the Items you are selling;

5.5 If you post or upload a photo of any Item, the Item that you sell to the buyer must be the same Item that is in the photo or must match the Item that is in the photo;

5.6 When a buyer wants to buy your Item, you can accept or reject their offer to purchase. If you accept the offer you must make the Item available for delivery to the buyer subject to receipt of full payment;

5.7 You must agree with the buyer when and where the buyer will take delivery of the Item they want to purchase. If the buyer uses delivery services, you must verify that the person who uplifts the Item is the driver assigned by Maua to deliver the Item to the buyer;

5.8 If you are in the retail business of selling the Items you advertise on Maua, you must comply with consumer protection laws as set out in the Competition and Consumer Act 2016.

YOU ACKNOWLEDGE AND ACCEPT THAT YOU ARE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM A TRANSACTION BETWEEN YOURSELF AND A BUYER AND THAT IN NO WAY IS MAUA LIABLE FOR SUCH LOSS OR DAMAGE.

6.Buying Items

6.1 By registering as a buyer, you agree to pay for the Items you buy at the advertised price. You may pay for an Item using either Digicel Mobile Money or Vodafone M-Tala. The seller is only required to deliver the Item once the seller has received payment from you.

6.2 If you opt to use delivery services for your purchases, you must be available to receive delivery of the Item at the delivery point. Alternatively you may notify the driver of the name and identification of a person you authorise to take delivery at the delivery point on your behalf. If the driver cannot deliver the Item because either you or your authorised person is not at the delivery point to give it to, the driver will deliver the Item to Maua’s offices at Vaimoso. We will try and contact you to come and pick up your Item. You must pay a pick up fee of INSERT before we will release the Item to you.

YOU ACKNOWLEDGE AND ACCEPT THAT MAUA IS NOT LIABLE IF YOU ARE UNHAPPY WITH THE ITEMS YOU PURCHASE, OR FOR ANY NON DELIVERY OF THE ITEMS YOU PURCHASE, AND THAT YOUR SOLE RECOURSE IS AGAINST THE SELLER OR DRIVER, AS THE CASE MAY BE.

7.Delivery services

If you are registered as a driver, you may provide delivery services. All delivery services must comply with the following rules:

7.1 You must have a valid full driver’s licence at all times while providing delivery services and not be suspended or restricted from driving for any reason;

7.2 You must have your own vehicle or lawful access to a vehicle to provide the delivery services;

7.3The vehicle you use to provide delivery services must have a current warrant of fitness and be roadworthy at all times;

7.4 You must only use the vehicle that we approved with your registration to be a driver. If you wish to change the vehicle you will use to provide delivery services you must first obtain our approval;

7.5 When a user wants you to provide delivery services, you can accept or reject their offer to purchase your services. If you accept the offer you must provide the delivery services immediately;

7.6 Once you pick up an Item for delivery, you must first check that the Item matches the description of the Item you were instructed to deliver. You must then drive to the delivery point to make the delivery using the most direct route available;

7.7 At the delivery point you must only give the Item to the buyer or the person who the buyer has authorised you to give the Item to;

7.8 You must deliver the Item in the exact condition it is in when you picked it up for delivery. You must not tamper with the Item you deliver in any way;

7.9 If you go to the delivery point and there is no one authorised there to give it to, you must deliver the item to Maua’s offices at Vaimoso.

YOU ACKNOWLEDGE AND ACCEPT THAT YOU ARE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM THE DELIVERY SERVICES YOU PROVIDE, INCLUDING LOSS OR DAMAGE CAUSED BY A MOTOR VEHICLE ACCIDENT, AND THAT IN NO WAY IS MAUA LIABLE FOR SUCH LOSS OR DAMAGE.

8.Communication between us

We welcome your feedback at any time. You may also lodge a complaint under clause 9.

We may wish to communicate with you for any reason. You agree to respond promptly. You also agree to follow our reasonable requests.

9.Complaints

If you are unhappy with a transaction for any reason, you may lodge a complaint with us. If we believe your complaint is a genuine one, we will give you the contact information for the user or users to whom your complaint is addressed so that you may take the matter up with them directly.

10.Maua fees

Maua charges a fee of 5% for every transaction. This fee is inclusive of service taxes and will be deducted from your Digicel Mobile Money or Vodafone M-TALA as applicable. Digicel Mobile Money have additional fee of 1% for every transaction and Vodafone M-TALA have an additional 2% for every transaction.

11.Maua IP and limited user licence

As a registered user, we grant you a limited, non-exclusive, non-transferable and revocable licence to use Maua in accordance with these Terms of Use only. We retain all our intellectual property rights, including trademarks and rights in the software and source code used. .

12.We interface with Digicel Mobile Money and Vodafone M-Tala

We provide an application programming interface so that you can use your Digicel Mobile Money or Vodafone M-Tala account to pay for Item. For every transaction, you authorise Maua to instruct Digicel or Vodafone, as the case may be, to deduct payment for the Item that you purchased plus Maua’s fees. From your Maua profile you will be able to access a history of all your payments on Digicel Mobile Money or Vodafone M-Tala.

13.Using information about you

13.1 When you register with Maua, we will have access to personal information about you, such as your photo identification, your village of residence, your contact telephone number and your motor vehicle registration details (collectively called “your personal information”),

13.2 as well as data about how and what you use Maua for, such as your location and what you buy or sell and how often ( collectively called “your data”).

13.3 You agree that we can use your data to operate, optimize, improve and promote Maua or to report on the performance of Maua to third parties.

13.4 You also agree that we may disclose your personal information to:

Digicel Mobile Money or Vodafone M-Tala so that you can pay for Item and our fees;
any user that has lodged a complaint against you;
any holder of intellectual property rights that alleges you breached their rights;
the police or other authorities if you are suspected of breaching the law or in compliance with a warrant, lawful notice to produce information or court order.

14.Usage:

14.1 Purchase and delivery of products and services. We use your personal information to take and handle orders, deliver products and services, process payments, and communicate with you about orders, products and services, and promotional offers.

14.2 Provide, troubleshoot, and improve Services. We use your personal information to provide functionality, analyze performance, fix errors, and improve the usability and effectiveness.

14.3 Comply with legal obligations. In certain cases, we collect and use your personal information to comply with laws. For instance, we collect from sellers information regarding place of establishment and bank account information for identity verification and other purposes.

14.4 Communicate with you. We use your personal information to communicate with you via different channels (e.g., by phone, email, in-app chat).

15.Storage:

15.1 Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

15.2 All payment transactions are processed through a gateway provider and are not stored or processed on our servers.

16.Deletion:

In addition, to the extent required by applicable law, you may have the right to request access to or delete your personal information. If you wish to do any of these things, please contact Customer Service. Depending on your data choices, certain services may be limited or unavailable.

17.Content rules

17.1 You confirm that you have the right to use the content that you post or upload to Maua, including photos, data, descriptions and other information (collectively called “your content”), and that your content does not infringe the intellectual property rights of any person.

17.2 When you post or upload your content to Maua, you agree to grant us a licence to use the content to operate, optimise, improve and promote Maua. You also agree to indemnify us against any and all costs, fees and expenses in relation to any claim that your content breaches a person’s intellectual property rights.

17.3 Your content must not be offensive, objectionable or unlawful. Examples of content that is offensive, objectionable or unlawful include pornography and content that is defamatory towards any person, incites violence or is discriminatory.

18.Limitation of liability

18.1 To the maximum extent permitted by law, you assume full responsibility for any loss or damage that results from your use of Maua. Maua is not liable to you or any other person in connection with the purchase of any Item or provision of delivery services or use of Maua in any way, whether for negligence, breach of contract, breach of statutory duty or otherwise. 18.2 Maua is not liable for anything that is outside our reasonable control. Maua is not liable for any loss or damage you may suffer, whether direct or indirect, for example loss of profits or loss of business or anticipated earnings or savings, general or special damages, or consequential or incidental loss.

18.3 However, in the event a court finds Maua is liable to you for any loss or damage, you agree that Maua’s liability to you is strictly limited to an aggregate amount of $5,000 for all claims.

19.Suspending or terminating your Maua profile

19.1 We may suspend your Maua profile without notice to you and for any reason. We may not tell you the reason. If your Maua profile is suspended, you will not be able to use Maua until the suspension is lifted.

19.2 You may terminate your Maua profile at any time for any reason. Similarly, we may terminate your Maua profile at any time for any reason. We may not tell you the reason. If your Maua profile is terminated you will no longer be able to use Maua and your profile will be removed from our platform.

19.3 Certain terms will continue to apply even after your Maua profile is terminated. These are clauses 10 (Maua Fees), 13 (Using information about you), 14 (Content rules), and 15 (Limitation of lability).

19.4 If we either suspend or terminate your Maua profile, you agree not to bypass our controls and create a new Maua profile.

20.Other terms

Your registration details and these Maua Terms of Use comprise the entire agreement between us to use Maua. They supercede any prior agreements that may have existed between us, whether written or oral or partly written and partly oral;
We may change or stop using any feature or function of Maua, our website or the Maua App at any time, for any reason and without notice to you. Similarly, we may stop operating Maua altogether at any time, for any reason and without notice to you;
we may amend these Terms of Use without notice to you. You can view a copy of the current Terms of Use on our website at www.maua.app or on the Maua App;
no failure to exercise or delay in exercising any right or remedy by Maua will constitute a waiver of that or any other right or remedy available to Maua;
if any part of these Terms of Use is held to be illegal, invalid, unenforceable or of no effect, then, to the extent permitted by law, the provision or provisions giving rise to the illegality, invalidity, unenforceability or lack of effect will be severed from the Terms of Use and the remaining provisions will remain in full force and effect;
these terms are governed by the laws of the Independent State of Samoa;
by using Maua you agree to submit to the jurisdiction of the Supreme Court of Samoa for any and all claims regarding Maua.

Interpretation & Definitions

In interpreting these Terms of Use, the following applies, unless the context otherwise requires:

headings to clauses are for reference only and are not an aid to interpretation;
references to a party include that party’s successors in title and permanent assigns;
works importing the plural include the singular and vice versa;
words importing gender import all genders;
any obligation to do something will be deemed to include an obligation not to suffer, permit, or cause that thing to be done;
references to currency or $ are in Samoan Tala.

The following terms have the meanings assigned to them:

Buyer means any person who registers as a buyer on Maua;

Delivery point means the location the buyer and seller agree the buyer takes delivery of the Item they purchased through Maua;

Delivery services means the delivery of an Item from a seller to a buyer using a driver connected on Maua;

Driver means any person who registers as a driver on Maua;

Item means goods, whether second hand or new, that may be bought using Maua;

Maua App means the Maua application available for download on Android and Apple iOS mobile devices;

Maua profile means your personal profile and account on the Maua platform as well as any sub-accounts linked to yours;

Seller means any person who registers as a seller on Maua;

Terms of Use means these terms and conditions;

Transaction means the purchase of Items or delivery services;

User means any person who registers on Maua as either a buyer, seller and or driver;

Us means Skyeye Limited and you the user;

We, or our refers to Skyeye Limited;

You refers to any user.