Terms & Conditions

1. Acceptance of Terms

By accessing, downloading, or using the Bush House General Merchants platform (the "Platform"), including our mobile application and website, you agree to be legally bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the Platform.

These Terms constitute a binding legal agreement between you ("User", "you") and Bush House General Merchants ("Bush House", "we", "us"). These Terms apply to all visitors, users, vendors, and others who access or use the Platform.

2. Platform as a Marketplace Intermediary

Bush House is a marketplace platform — not a seller, retailer, or manufacturer. We provide infrastructure connecting independent third-party vendors with buyers. All product listings, descriptions, pricing, and fulfillment are the sole responsibility of individual vendors.

By using the Platform, you acknowledge and agree that:

• Bush House is not a party to any transaction between you and a vendor
• Bush House does not own, inspect, or warrant any products listed by vendors
• Bush House is not liable for the quality, safety, legality, or accuracy of any products
• Any contract of sale is formed directly between you and the vendor
• Bush House acts only as a facilitator and payment intermediary

3. Eligibility and Account Registration

• You must be at least 18 years of age to use the Platform
• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately at support@bushhousegeneralmerchants.com of any unauthorised account access
• We reserve the right to suspend or terminate accounts that violate these Terms
• One person may not create multiple accounts; duplicate accounts will be deactivated

4. User Conduct

You agree not to:

• Use the Platform for any unlawful purpose or in violation of these Terms
• Post false, misleading, or fraudulent product reviews or content
• Engage in price manipulation, bid shielding, or shill bidding
• Attempt to circumvent the Platform's payment systems
• Scrape, data-mine, or harvest information from the Platform without consent
• Transmit viruses, malware, or any destructive code
• Harass, threaten, or abuse other users or vendors
• List, sell, or purchase prohibited items (see our Prohibited Items Policy)
• Infringe any intellectual property rights of Bush House or third parties

5. Orders and Payments

When you place an order:

• You make an offer to purchase a product from the vendor at the listed price
• The order is confirmed only after successful payment processing
• Prices are displayed in Malawian Kwacha (MWK) and include any applicable taxes unless stated otherwise
• Bush House uses PayChangu for payment processing — your payment details are subject to PayChangu's terms
• Bush House is not responsible for payment failures caused by your bank or payment provider
• We reserve the right to cancel orders where pricing errors occur due to technical issues

6. Shipping and Delivery

Shipping is the responsibility of individual vendors. Bush House does not guarantee delivery timelines. See our Shipping Policy for full details. Risk of loss and title for products pass to you upon vendor dispatch.

7. Returns and Refunds

Return and refund eligibility is governed by our Refund Policy. Bush House facilitates refund requests but the ultimate obligation rests with the vendor. We may, at our sole discretion, issue platform credits or facilitate refunds in cases of demonstrable vendor fault.

8. Intellectual Property

All content on the Platform (logos, trademarks, design, code, text, graphics) is the exclusive property of Bush House General Merchants or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written consent.

By submitting content (reviews, images, descriptions) to the Platform, you grant Bush House a non-exclusive, royalty-free, perpetual, worldwide licence to use, display, and distribute such content.

9. Limitation of Liability

To the fullest extent permitted by applicable law:

• Bush House shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Bush House's total liability to you for any claim arising from use of the Platform shall not exceed the total fees paid by you to Bush House in the 12 months preceding the claim
• Bush House is not liable for damages arising from vendor misconduct, product defects, delivery failures, or third-party services
• Bush House does not warrant that the Platform will be uninterrupted, error-free, or free of viruses

10. Indemnification

You agree to indemnify, defend, and hold harmless Bush House General Merchants, its directors, officers, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit to the Platform.

11. Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms or your use of the Platform shall first be submitted to our customer support team for informal resolution. If unresolved within 30 days, disputes shall be submitted to binding arbitration under the rules of the Malawi International Arbitration Centre, conducted in English in Lilongwe, Malawi.

Class Action Waiver: You agree that any dispute will be resolved on an individual basis only and not as a class action, collective action, or representative proceeding.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Malawi. For matters not subject to arbitration, you submit to the exclusive jurisdiction of the courts of Malawi.

13. Termination

Bush House reserves the right to suspend or terminate your access to the Platform at any time, with or without notice, for any breach of these Terms. Upon termination, provisions of these Terms that by nature should survive (including limitation of liability, indemnification, and dispute resolution) shall remain in effect.

14. Amendments

We reserve the right to modify these Terms at any time. Changes will be notified via email or prominent Platform notice. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the updated Terms.

15. Contact

For questions about these Terms, contact us at support@bushhousegeneralmerchants.com.