Terms of Service

1. Introduction

Welcome to Tovend.

Tovend is a platform that enables merchants to create shareable online product catalogues, display their products and prepare customer orders for communication through WhatsApp.

These Terms of Service (“Terms”) govern your access to and use of Tovend, including its website, merchant dashboard, storefronts and related features.

In these Terms, “Tovend”, “we”, “us” or “our” refers to the Tovend platform operated by its founder. “You” or “your” refers to any person accessing or using the platform.

By accessing or using Tovend, you agree to these Terms. If you do not agree, you must not use the platform.

2. Eligibility and Accounts

You must be legally capable of entering into a binding agreement to use Tovend. If you use the platform on behalf of a business, you confirm that you have authority to act on its behalf.

Merchants must provide accurate information when creating an account and keep their account information reasonably up to date.

You are responsible for:

• Keeping your login credentials secure.
• Activities carried out through your account.
• Notifying Tovend if you suspect unauthorised access.
• Ensuring that your account and storefront information is accurate.

You must not impersonate another person, provide deliberately misleading registration information or create accounts for unlawful purposes.

We may restrict or suspend access where reasonably necessary to protect the platform, its users or the public, or to address suspected violations of these Terms.

3. Tovend's Services

Tovend provides tools that allow merchants to create and share product catalogues, display product information and facilitate customer enquiries and orders through WhatsApp.

Depending on the available plan and features, the platform may also provide product management, storefront settings, analytics and subscription options.

Tovend is a technology platform. Unless expressly stated otherwise, we are not the seller, manufacturer, distributor, delivery provider or payment recipient for products listed by merchants.

We do not take ownership of products listed on storefronts and do not guarantee that a merchant will complete a transaction.

4. Merchant Responsibilities

Merchants are responsible for their storefronts, product listings and dealings with customers.

You agree to:

• Provide accurate product descriptions, photographs, prices and availability information.
• Ensure you have the right to use any images, logos, text and other content you upload.
• Comply with applicable consumer-protection, tax, business, product-safety and other laws.
• Honour commitments you make to customers.
• Communicate clearly about delivery, fulfilment, cancellations, returns and refunds.
• Handle customer information lawfully and securely.
• Keep your WhatsApp contact details and other relevant store information accurate.
• Avoid misleading, deceptive or fraudulent listings.

Merchants are responsible for determining whether their products may lawfully be offered for sale.

Tovend may remove content or restrict a storefront where reasonably necessary to enforce these Terms, address complaints or comply with applicable law.

5. Customer Responsibilities

Customers are responsible for reviewing product information and confirming the details of an order before sending it to a merchant.

When using Tovend, you agree not to:

• Use the platform for fraud, scams or unlawful activity.
• Submit false or misleading information.
• Abuse, threaten or harass merchants or other users.
• Attempt to gain unauthorised access to accounts, systems or data.
• Interfere with the operation or security of Tovend.
• Use automated methods to access or collect data in ways that violate these Terms or applicable law.

Customers should confirm prices, availability, delivery arrangements and other transaction details directly with the merchant before completing a purchase.

6. Orders and WhatsApp

Tovend helps customers select products and prepare order details for a WhatsApp message.

Preparing an order message does not, by itself, mean that a purchase has been completed or accepted by the merchant.

Unless a feature expressly states otherwise:

• Customers send order messages to merchants through WhatsApp.
• Merchants are responsible for responding to enquiries and confirming orders.
• Customers and merchants arrange payment, delivery and fulfilment directly.
• Tovend does not guarantee that a merchant will respond, accept an order or deliver a product.

Users are responsible for checking the recipient and the contents of a WhatsApp message before sending it.

7. Pricing, Subscriptions and Payments

Some Tovend features may be offered free of charge, while others may require a paid subscription.

The applicable price, billing period, plan features and limitations will be displayed when a subscription is offered.

Where paid subscriptions are available, you agree to pay the applicable charges and comply with the payment terms presented during checkout.

Subscription activation, renewals, cancellations, refunds and payment failures will be handled according to the applicable plan terms and payment-provider requirements.

Tovend may use third-party payment processors. Payments processed by those providers may also be subject to their terms.

Merchants remain responsible for payments for products sold through their own businesses unless Tovend expressly provides a separate payment-processing feature.

8. Refunds and Cancellations

Subscription refunds and cancellations are governed by Tovend's applicable Refund Policy and the terms presented at purchase, subject to applicable law.

Refunds for products purchased from a merchant are the responsibility of the relevant merchant unless Tovend expressly states otherwise or applicable law requires otherwise.

Nothing in these Terms removes rights that consumers have under applicable law.

9. Fees and Plan Changes

Tovend may introduce new features, modify existing features or change subscription plans and prices.

Where a change affects an existing paid subscription, we will provide notice or obtain consent where required by applicable law or the relevant subscription terms.

We will not treat a displayed plan price as permission to charge a user without the applicable authorisation.

10. Acceptable Use

You must not use Tovend to:

• List or promote illegal goods or services.
• Commit fraud, impersonation or other unlawful acts.
• Publish content that infringes another person's intellectual property or privacy rights.
• Distribute malicious code or attempt to compromise platform security.
• Scrape, copy or harvest data in violation of these Terms or applicable law.
• Circumvent access controls, usage limits or security measures.
• Interfere with the platform's normal operation.
• Use Tovend to send spam or facilitate abusive communications.

Additional rules may be set out in Tovend's Acceptable Use Policy.

11. Intellectual Property

Tovend and its associated branding, software, design and original platform content are owned by or licensed to the relevant rights holder and are protected by applicable intellectual-property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable permission to use Tovend for its intended purposes.

You retain ownership of content you lawfully own and upload to Tovend. You grant Tovend permission to host, store, display, reproduce and process that content as reasonably necessary to operate, maintain and provide the platform and its features.

You confirm that you have the rights and permissions necessary to provide that content.

You must not copy, modify, distribute or commercially exploit Tovend's software, branding or protected content except as permitted by law or with the relevant rights holder's permission.

12. Third-Party Services

Tovend may rely on or link to third-party services, including WhatsApp, hosting providers, analytics services and payment processors.

These services may be governed by separate terms and privacy policies. Tovend does not control services operated independently by third parties and is not responsible for their independent acts or omissions, subject to applicable law.

Your use of those services is at your own discretion and may require you to accept their terms.

13. Availability and Changes to the Platform

We aim to keep Tovend available and functioning, but we do not guarantee uninterrupted access or error-free operation.

The platform may be unavailable due to maintenance, technical issues, security incidents, provider outages or circumstances outside our reasonable control.

We may modify, suspend or discontinue features where reasonably necessary. Where changes materially affect paid services, we will handle them in accordance with applicable law and the relevant subscription terms.

14. Suspension and Termination

You may stop using Tovend at any time. Where account deletion is available, you may use the provided account controls or contact support for assistance.

We may suspend, restrict or terminate access where reasonably necessary due to a material breach of these Terms, unlawful activity, security risks, abuse of the platform or a legal requirement.

Where appropriate and legally permissible, we may provide notice and an opportunity to address the issue.

Termination does not automatically remove information that a merchant or third-party service has already received independently. Relevant information will be handled under the Privacy Policy and applicable law.

15. Disclaimers

To the extent permitted by applicable law, Tovend is provided on an “as available” basis.

We do not guarantee the accuracy, availability, quality, legality or suitability of products listed by merchants. Product listings are provided by merchants, who remain responsible for their content and transactions.

We do not guarantee that customers will receive responses, complete purchases or obtain any particular commercial result from using the platform.

Nothing in these Terms excludes a warranty, consumer right or other protection that cannot lawfully be excluded.

16. Limitation of Liability

To the extent permitted by applicable law, Tovend will not be liable for indirect or consequential losses arising from use of the platform, including loss of profits, business opportunities, goodwill or data, where such exclusion is lawful.

Tovend is not responsible for disputes between merchants and customers concerning product quality, payment, delivery, returns or fulfilment, except to the extent that liability arises from Tovend's own obligations or cannot lawfully be excluded.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

17. Indemnity

To the extent permitted by applicable law, merchants are responsible for claims arising from their products, listings, business practices or breach of these Terms.

Nothing in this section requires a user to indemnify Tovend for losses caused by Tovend's own unlawful conduct or liability that cannot lawfully be transferred.

18. Privacy

Your use of Tovend is also governed by our Privacy Policy, which explains how personal information is handled.

By using the platform, you acknowledge that personal information may be processed as described in that policy and as permitted by applicable law.

19. Changes to These Terms

We may update these Terms to reflect changes to Tovend, its features, business operations or legal obligations.

Where changes are material, we will take reasonable steps to notify users when required. Continued use after revised Terms take effect constitutes acceptance only to the extent permitted by applicable law.

20. Governing Law and Disputes

These Terms are governed by the laws of the Federal Republic of Nigeria, subject to applicable conflict-of-law rules and mandatory legal protections.

We encourage users to contact Tovend first to attempt to resolve disputes informally. This does not prevent either party from pursuing remedies available under applicable law.

21. Contact

For questions about these Terms, contact Tovend through its official support email.

Platform: Tovend

Website: https://tovend.app

Operator: Tovend's founder, currently operating under their personal name

Official support email: support@tovend.app