Terms of use
Last updated: September 25, 2026
1. Purpose and scope
These Terms of Use and Sale ("Terms") govern access to and use of the WaMarcket platform, a service that lets any seller ("Seller", "you") create an online shop, list products, receive orders via WhatsApp and manage them from a dashboard. They apply to any account creation, use of the dashboard, and browsing of a public shop hosted on WaMarcket. By creating an account or using the service, you accept these Terms without reservation.
2. Definitions
"Seller": any person or entity who creates and operates a shop on WaMarcket. "Customer" or "Buyer": any person who browses a public shop and places an order with a Seller. "Shop": the online sales space created by a Seller on WaMarcket, accessible via its own URL. "Platform" or "Service": the tools, dashboard and technical infrastructure provided by WaMarcket. "Content": any text, image, price, description or other element published by a Seller on their Shop.
3. Eligibility and account creation
Registration is open to any person of legal age or legally capable of contracting in their country of residence, as well as entities with the necessary legal capacity. You warrant that the information provided at sign-up (name, email, WhatsApp number) is accurate, complete and kept up to date. An account is personal: you are solely responsible for keeping your credentials confidential and for any action carried out from your account, whether performed by you or not.
4. Nature of the service
WaMarcket is a technical provider that makes available tools for creating an online shop, managing a catalog, receiving orders and communicating with customers via WhatsApp. WaMarcket is neither the seller nor the buyer nor a payment intermediary in transactions concluded between a Seller and their Customers: WaMarcket never takes possession of the products sold and does not directly collect order payments on behalf of the Seller, unless online payment is enabled on their Shop (see article 8 bis).
5. Pricing plans and subscriptions
WaMarcket offers a free plan as well as paid plans (Pro and Business) granting access to different features and quotas (number of shops, products, custom domain, team members, AI tools, shop assistant, etc.), the details and current prices of which are shown on the Pricing page. Prices are expressed in CFA Francs (XOF) and may be billed monthly or annually at a discount. Upgrading to a paid plan, its renewal and payment terms are handled through a dedicated flow in the dashboard; failing payment or renewal, the account may automatically revert to the free plan's limits, without loss of existing data beyond the quotas. Online payment of orders, when enabled, gives rise to fees and a commission described in article 8 bis.
6. Seller obligations
The Seller remains the sole owner and is solely responsible for the Content they publish. They warrant that this Content, as well as the products offered for sale, comply with applicable law in their country and in that of their Customers, do not infringe third-party rights (intellectual property, image rights, consumer law) and are not illegal, counterfeit, dangerous, or restricted/prohibited products (weapons, narcotics, unauthorized medicines, protected animals, etc.). The Seller commits to providing accurate and up-to-date prices, descriptions and stock levels.
7. Relationship between the Seller and their Customers
Every sale concluded through a Shop constitutes a direct contract between the Seller and their Customer: the Seller is solely responsible for availability, conformity, delivery, after-sales service, legal warranties and the handling of complaints, refunds or withdrawal rights applicable under their country's law. WaMarcket is not a party to any of these sales contracts and disclaims any liability regarding their execution, including in the event of a dispute between a Seller and a Customer.
8. Orders and payments
Orders placed from a Shop are forwarded to the Seller, notably via WhatsApp. The payment method (cash on delivery, bank transfer, mobile money or other) is agreed directly between the Seller and their Customer, unless an integrated online payment feature is explicitly offered and enabled on the Shop, in which case article 8 bis applies, together with the terms of the relevant payment provider where applicable.
8 bis. Online payment, wallet and withdrawals
When online payment is enabled on a Shop, the Customer pays WaMarcket, which collects the amount on the Seller's behalf through a payment provider (for example KKiaPay). The payment provider's fees and WaMarcket's commission, whose rate depends on the Seller's plan, are deducted from the amount collected; both are itemised for each sale in the dashboard, and the net balance is credited to the Seller's wallet. WaMarcket may change these rates; any change applies only to later payments and the Seller is informed of it. The balance of a sale becomes available after a security delay shown in the dashboard (longer for card payments). The Seller may request the withdrawal of their available balance to an account opened in their own name (Mobile Money or bank), previously verified by WaMarcket, from a minimum amount and within the displayed caps; withdrawal fees may apply. Requests are processed on business days, normally within two business days, without this time being guaranteed: WaMarcket may request additional checks, and may hold or suspend a payout in case of suspected fraud, dispute or legal obligation. If an order paid online is refunded, the refunded amount is deducted from the Seller's balance, with WaMarcket's commission returned pro rata; the payment provider's fees are not returned. The balance may become negative and is then offset by later sales. Payments collected directly by the Seller (the Shop's Mobile Money number, bank transfer, cash on delivery or in store) remain outside this scheme and carry no WaMarcket commission.
9. Delivery
Delivery information (coverage areas, timeframes, fees) displayed on a Shop is entered by the Seller under their sole responsibility. WaMarcket neither organizes nor performs any delivery and is not a carrier within the meaning of applicable regulations.
10. Service availability and maintenance
WaMarcket implements reasonable means to ensure the availability, performance and security of the service, without being able to guarantee uninterrupted or error-free operation. Temporary interruptions may occur due to planned or emergency maintenance, a hosting provider malfunction, force majeure, or a cyberattack. Such interruptions do not give rise to any compensation, except where mandatory law provides otherwise.
11. Intellectual property of the platform
The source code, interface, trademarks, logos and graphic elements specific to WaMarcket remain the exclusive property of its publisher. Nothing in these Terms grants the Seller any intellectual property right over the platform itself. The Seller grants WaMarcket a non-exclusive, royalty-free license, limited to the duration of use of the service, to host, display and transmit their Content strictly to the extent necessary for the service to function (for example, the public display of their Shop).
12. Suspension and termination
The Seller may close their Shop or delete their account at any time from the dashboard. WaMarcket reserves the right to suspend or terminate an account, with or without prior notice depending on the severity of the facts observed, in the event of a breach of these Terms, illegal content, fraud, abusive use of the service, or non-payment of a paid subscription. An email notification will precede, where possible, any non-urgent suspension.
13. Liability and warranties
The service is provided "as is". To the extent permitted by applicable law, WaMarcket cannot be held liable for indirect damages, loss of revenue, data or reputation resulting from the use or inability to use the service, nor for disputes between a Seller and their Customers. Where WaMarcket's liability is engaged, it is limited to the amount actually paid by the Seller for their subscription over the preceding twelve months.
14. Personal data protection
The processing of personal data collected when signing up, using the Platform and managing Shops is detailed in our Privacy Policy, which forms an integral part of these Terms. By creating an account, you acknowledge having read this policy and consent to the processing of your data under the conditions it describes. The Seller, as the party responsible for processing their own Customers' data collected through their Shop (name, phone number, delivery address), commits to handling it in accordance with applicable regulations and to using it solely for the purpose of fulfilling orders.
15. Language of the agreement
These Terms are made available in several languages (French, English and local West African languages) for your convenience. In the event of any discrepancy between language versions, the French version shall prevail.
16. Miscellaneous
Should any clause of these Terms be held invalid or unenforceable under applicable law or a court decision, the remaining clauses shall retain their full force and effect. WaMarcket's failure to enforce any clause at any given time shall not be construed as a waiver of its right to enforce it later. These Terms, supplemented where applicable by the Privacy Policy and the Legal notices, constitute the entire agreement between the Seller and WaMarcket regarding use of the service. The Seller may not assign their rights and obligations under these Terms without WaMarcket's prior written consent; WaMarcket may assign these Terms as part of a transfer of its business, without affecting the Seller's rights.
17. Changes to these Terms
WaMarcket may amend these Terms at any time, notably to reflect changes to the service, regulations or pricing. The date of the last update appears at the top of this page. In the event of a material change, Sellers will be notified by email or via the dashboard; continued use of the service after such notice constitutes acceptance of the new terms.
18. Governing law and disputes
These Terms are governed by the law applicable in the country of the publisher's registered office, as specified in the Legal notices once registration is completed, and otherwise by the general principles of OHADA law for Sellers located in the OHADA zone. Any dispute will, where possible, be resolved amicably; failing that, it will be brought before the competent courts of the publisher's registered office, subject to mandatory consumer-protection provisions applicable in the consumer's country of residence.
19. Contact
For any question about these terms, write to support@wamarcket.com or contact us via WhatsApp from the Contact page.