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Terms of Service

Effective date: 1 March 2026 · Last updated: 1 March 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “Seller,” “Buyer,” or “you”) and Merx Africa Limited, a company incorporated under the laws of the Federal Republic of Nigeria with RC Number [pending], having its registered office in Lagos, Nigeria (“Merx,” “we,” “us,” or “our”). By accessing or using the Merx platform at merx.com.ng, the Merx mobile application, or any related services (collectively, the “Platform”), you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. Eligibility

You must be at least 18 years old and capable of entering into a binding contract under Nigerian law to use the Platform. By creating an account, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Platform does not violate any applicable law or regulation, including the Nigeria Data Protection Act 2023 and the Central Bank of Nigeria (CBN) Guidelines on Electronic Banking.

2. Account Registration

To access certain features, you must register for an account. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You must notify us immediately at support@merx.com.ng of any unauthorised use of your account. Merx reserves the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used for fraudulent purposes.

3. Platform Services

Merx provides the following core services:

  • Escrow Payment Protection: Funds paid by a Buyer are held in a secure escrow account until the Buyer confirms receipt and satisfaction with the goods or services. Merx acts as a neutral intermediary and does not take ownership of funds held in escrow at any point.
  • Seller Storefronts: Verified product listing pages hosted at merx.com.ng/store/[yourname], enabling Sellers to showcase products with built-in escrow payment options.
  • Unified Inbox: Message aggregation from WhatsApp, Instagram, and other social channels into a single interface for order management.
  • Analytics & Reporting: Revenue tracking, product performance, and customer data delivered via the Platform dashboard and weekly WhatsApp digest.

4. Escrow Transaction Flow

  1. The Buyer initiates a transaction and funds are transferred to the Merx escrow account.
  2. Merx generates a unique escrow code and notifies both parties.
  3. The Seller ships or delivers the goods/services.
  4. The Buyer confirms receipt by entering the escrow code on the Platform.
  5. Upon confirmation, Merx releases funds to the Seller’s designated account, less any applicable fees.
  6. If the Buyer does not confirm or raise a dispute within 72 hours of verified delivery, funds are automatically released to the Seller.

5. Fees

Merx charges a transaction fee on each completed escrow transaction. The current fee schedule is published on the Platform’s pricing page. Merx reserves the right to modify fees with at least 30 days’ notice. There are no monthly subscription fees, setup fees, or hidden charges. Sellers only pay when they get paid.

6. Disputes and Resolutions

If a Buyer is dissatisfied with goods or services received, they may raise a dispute through the Platform within 48 hours of delivery confirmation. Merx utilizes an AI dispute resolution system that reviews an automated evidence trail, including video evidence of packing, pickup, and delivery. This system typically issues a resolution within minutes. If the AI is unable to reach a conclusive resolution, the dispute is automatically redirected to a human specialist for final review.

Merx’s dispute resolution decision is final and binding on both parties for transactions under ₦500,000. For transactions exceeding ₦500,000, either party may seek recourse through the Lagos Multi-Door Courthouse or any court of competent jurisdiction in Nigeria.

7. Prohibited Activities

You agree not to:

  • Use the Platform for any unlawful purpose or to facilitate illegal transactions
  • Sell counterfeit, stolen, or prohibited goods
  • Engage in fraud, money laundering, or terrorist financing
  • Circumvent or attempt to circumvent the escrow process
  • Create multiple accounts to evade restrictions or bans
  • Interfere with or disrupt the Platform’s infrastructure
  • Scrape, harvest, or collect user data without authorisation
  • Impersonate any person or entity, or misrepresent your affiliation

8. Intellectual Property

All content, trademarks, logos, and intellectual property displayed on the Platform are owned by or licensed to Merx Africa Limited. You may not copy, reproduce, distribute, or create derivative works from any Platform content without our prior written consent. Content you upload to the Platform (product images, descriptions, etc.) remains your property; however, you grant Merx a worldwide, non-exclusive, royalty-free licence to use, display, and distribute such content solely for the purpose of operating and promoting the Platform.

9. Limitation of Liability

To the maximum extent permitted by Nigerian law, Merx shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or in connection with your use of the Platform. Merx’s total aggregate liability for any claim arising from these Terms shall not exceed the total fees paid by you to Merx in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Merx Africa Limited, its directors, officers, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your use of the Platform, your breach of these Terms, or your violation of any applicable law.

11. Modification of Terms

Merx reserves the right to modify these Terms at any time. We will provide notice of material changes via email or through the Platform at least 14 days before the changes take effect. Your continued use of the Platform after such changes constitutes acceptance of the modified Terms.

12. Termination

Either party may terminate this agreement at any time. You may close your account by contacting support@merx.com.ng. Merx may suspend or terminate your account immediately if you breach these Terms. Upon termination, any pending escrow transactions will be resolved in accordance with Section 4 before account closure is finalised.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Lagos State, Nigeria, unless otherwise agreed by the parties or required by applicable law.

14. Contact

For questions or concerns about these Terms, contact us at:
Merx Africa Limited
Email: legal@merx.com.ng
WhatsApp: +234 902 195 5842
Lagos, Nigeria