1. Acceptance of Terms
These Terms of Service constitute a legally binding agreement between you and AfroTransact, LLC ("AfroTransact", "we", "us", or "our") governing your access to and use of the afrotransact.com website, mobile applications, and associated services (collectively, the "Platform").
By creating an account, clicking "I Agree," or using any part of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Platform on behalf of a business entity, you represent that you have authority to bind that entity.
2. Description of Services
AfroTransact operates an online marketplace connecting buyers with immigrant-owned businesses selling food, cultural goods, clothing, and related products primarily in Austin, Texas and surrounding cities.
AfroTransact acts as a facilitator between buyers and sellers. We are not the seller or manufacturer of any products listed on the Platform. Each seller is an independent third party responsible for their products, listings, fulfillment, and customer service.
Our services include: browsing and purchasing from seller stores, seller registration and store management, payment processing (facilitated through Stripe), delivery coordination, and customer support.
3. Eligibility & Account Registration
You must be at least 18 years old to create an account or make purchases on the Platform. By registering, you represent and warrant that you meet this age requirement.
You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You must not create accounts using automated means, create multiple accounts for deceptive purposes, or register if you have previously been banned from the Platform.
4. Buyer Terms
When you place an order on the Platform, you are entering into a transaction with the individual seller, not with AfroTransact. You agree to:
- Provide accurate shipping and contact information
- Pay for all purchases made through your account
- Accept the seller's specific product and return policies where disclosed
- Use products only for their intended lawful purposes
- Not submit fraudulent orders or chargebacks without legitimate basis
AfroTransact reserves the right to cancel orders that appear fraudulent, violate these Terms, or cannot be fulfilled for any reason.
5. Payments & Pricing
All prices are displayed in US Dollars (USD). AfroTransact uses Stripe as its payment processor. By making a purchase, you agree to Stripe's Terms of Service.
Card data security: Your payment card information is transmitted directly to Stripe via a secure, encrypted iframe. AfroTransact does not store, process, or have access to your full card number, CVC, or expiry date at any time. We receive only a tokenized payment confirmation from Stripe.
Applicable Texas sales tax (currently 8.25%) will be added to your order total where required. Tax rates may vary and are subject to change based on applicable law.
AfroTransact reserves the right to adjust pricing, fees, and tax calculations. Any changes will apply to orders placed after the effective date of the change.
6. Shipping & Delivery
AfroTransact currently serves Austin, Georgetown, Hutto, Leander, and Round Rock, Texas. Delivery availability, times, and fees vary by seller and location.
Estimated delivery times are provided by sellers and are not guaranteed. AfroTransactis not responsible for delays caused by third-party carriers, weather, traffic, or events outside our control.
Sellers are responsible for accurate product descriptions and timely fulfillment. If a seller fails to fulfill your order, AfroTransact will work with you to obtain a full refund.
7. Returns & Refunds
Return and refund policies vary by seller. Sellers are required to disclose their policies on their store page. In the absence of a seller-specific policy:
- Perishable goods (fresh produce, meats, prepared foods) are generally non-refundable unless defective or not as described
- Non-perishable items may be returned within 14 days of delivery if unused and in original condition
- Incorrect or damaged items are eligible for full refund or replacement
To initiate a return or dispute, contact our support team at support@afrotransact.com within 48 hours of delivery.
8. Prohibited Conduct
You agree not to:
- Use the Platform for any unlawful purpose or in violation of any applicable laws
- Circumvent, disable, or interfere with security features of the Platform
- Attempt to gain unauthorized access to any account, system, or data
- Post false, misleading, or fraudulent content including fake reviews
- Harass, threaten, or intimidate other users or sellers
- Use automated tools (bots, scrapers) to access or collect data from the Platform without prior written permission
- Engage in money laundering, fraud, or any financial crime
- List or sell prohibited items (illegal goods, controlled substances, weapons, counterfeit products)
- Reverse-engineer, decompile, or attempt to extract source code
- Use the Platform to send unsolicited commercial messages
9. Intellectual Property
All content on the Platform — including but not limited to the AfroTransact name, logo, trademarks, software code, design, and editorial content — is the property of AfroTransact, LLC or its licensors and is protected by US and international intellectual property laws.
By uploading or submitting content to the Platform (product images, descriptions, reviews), you grant AfroTransact a non-exclusive, royalty-free, worldwide license to use, display, and distribute such content solely for the purpose of operating and promoting the Platform.
You represent and warrant that you own or have the necessary rights to any content you submit and that such content does not infringe any third-party rights.
10. Privacy
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Platform, you consent to our data practices as described therein.
11. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, AFROTRANSACT DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
AfroTransact does not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or suitability of any product descriptions, prices, or other content.
AfroTransact is not responsible for the quality, safety, legality, or accuracy of products listed by sellers. All transactions are between you and the seller.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AFROTRANSACT, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, goodwill, or other intangible losses
- Damages resulting from unauthorized access to or use of our servers or data
- Damages resulting from the conduct of any third party on the Platform
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO AFROTRANSACT IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR (B) USD $100.
Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.
13. Indemnification
You agree to defend, indemnify, and hold harmless AfroTransact, its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Platform
- Your violation of these Terms
- Content you submit to the Platform
- Your violation of any applicable law or third-party rights
14. Disputes & Governing Law
These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles.
Informal Resolution: Before initiating any formal dispute proceeding, you agree to first contact us at legal@afrotransact.com and attempt to resolve the dispute informally within 30 days.
Arbitration: If informal resolution fails, any disputes shall be resolved by binding arbitration in Austin, Texas under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive or equitable relief in a court of competent jurisdiction.
Class Action Waiver: You agree to bring claims only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.
15. Termination
AfroTransact may suspend or terminate your account at any time, with or without notice, for conduct that we believe violates these Terms, is harmful to other users, sellers, third parties, or the Platform, or for any other reason at our sole discretion.
You may terminate your account at any time by contacting support. Termination does not relieve you of any obligations incurred prior to termination, including payment obligations.
Sections that by their nature should survive termination will survive, including Sections on Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.
16. Changes to These Terms
AfroTransact reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the "Effective Date" above and, where appropriate, notifying you via email or in-app notification.
Your continued use of the Platform after the effective date of revised Terms constitutes your acceptance of the changes. If you disagree with any changes, you must stop using the Platform.
17. Contact Information
If you have questions about these Terms, please contact us:
AfroTransact, LLC
Austin, Texas, United States
Email: legal@afrotransact.com
Support: support@afrotransact.com