[Merchant Terms of Service]:
POKA MARKET MERCHANT TERMS OF SERVICE
Effective Date: 14 August 2026
Last Updated: 14 August 2026
These Merchant Terms of Service (”Merchant Terms”) govern the relationship between Poka Technology Limited, a company incorporated under the laws of Ghana (”Poka”, “we”, “us” or “our”), and any individual, company, partnership, business or other entity approved to sell products through the Poka Market marketplace (”Merchant”, “you” or “your”).
By registering as a Merchant, submitting products for listing, accessing the Poka Market merchant portal, accepting an order, or otherwise using Poka Market, you agree to be bound by these Merchant Terms.
If you do not agree to these Merchant Terms, you must not register as or operate as a Merchant on Poka Market.
1. ABOUT POKA MARKET
1.1 The Marketplace
Poka Market is an online marketplace operated through the Poka platform that enables consumers to discover and purchase products relating to menstrual health, women’s health, wellness and sustainable living.
Products may include, without limitation:
a. menstrual cups and reusable menstrual products;
b. compostable and sustainable sanitary pads;
c. period underwear and other menstrual products;
d. women’s wellness products;
e. natural teas and wellness products;
f. herbal products and medicines, where legally permitted;
g. nutritional and dietary products;
h. personal care and hygiene products;
i. educational and wellness products; and
j. other products approved by Poka.
1.2 Marketplace Model
Unless otherwise expressly agreed in writing, Poka operates Poka Market as a marketplace and does not manufacture, own, possess, supply, distribute or take title to products listed by Merchants.
The Merchant is responsible for the products it lists and sells through Poka Market.
1.3 Independent Relationship
You are an independent Merchant and are not an employee, agent, partner, franchisee or representative of Poka.
Nothing in these Merchant Terms creates a partnership, joint venture, employment relationship, fiduciary relationship or agency relationship between Poka and the Merchant.
You must not represent that you have authority to bind Poka or enter into commitments on Poka’s behalf.
2. ELIGIBILITY TO BECOME A MERCHANT
2.1 Eligibility
To become a Merchant, you must:
a. be legally capable of entering into binding contracts;
b. be at least 18 years old if you are an individual;
c. be legally registered or authorised to conduct the relevant business where registration or licensing is required;
d. provide accurate and complete information to Poka;
e. have the legal right to sell each product submitted to Poka Market;
f. possess all licences, permits, registrations, approvals and certifications required for your products and business;
g. comply with applicable laws and regulations; and
h. satisfy Poka’s onboarding and verification requirements.
2.2 Business Information
Poka may require you to provide:
- legal name and trading name;
- business registration documents;
- tax identification information;
- physical business address;
- contact details;
- bank or mobile money payment details;
- beneficial ownership information;
- relevant licences and permits;
- product registration certificates;
- manufacturer information;
- certificates of analysis or testing;
- product insurance information;
- product photographs and descriptions; and
- any other information reasonably required to assess your eligibility.
2.3 Verification
Poka may conduct reasonable verification and due diligence before approving a Merchant or listing a product.
Poka may refuse an application or product listing where it reasonably believes that the Merchant or product presents legal, regulatory, safety, reputational or operational risks.
5. PRODUCT ELIGIBILITY
5.1 Approved Products
Only products approved by Poka may be offered through Poka Market.
Poka may categorise products into different categories and may impose additional requirements on particular categories.
5.2 Prohibited Products
Merchants must not list:
a. counterfeit products;
b. stolen products;
c. products infringing third-party intellectual property rights;
d. expired products;
e. recalled products;
f. damaged, contaminated or adulterated products;
g. unregistered regulated health products;
h. products requiring a licence or regulatory approval that the Merchant does not possess;
i. products containing prohibited substances;
j. products making unsupported medical or therapeutic claims;
k. products that are unsafe for their intended use;
l. products falsely described as “organic”, “natural”, “sustainable”, “compostable”, “biodegradable” or similar where such claims cannot reasonably be substantiated;
m. products that violate applicable consumer protection, advertising, health, safety or environmental laws; or
n. any other product prohibited by Poka.
5.3 Poka’s Right to Restrict Products
Poka may, at its discretion, reject, remove, suspend or restrict a product where:
a. the product does not meet Poka’s standards;
b. there is a regulatory concern;
c. there is a customer safety concern;
d. the product has generated significant complaints or returns;
e. the product may expose Poka or consumers to legal or reputational risk;
f. the Merchant has provided inadequate information;
g. the product is subject to a recall or investigation; or
h. Poka otherwise reasonably considers the product unsuitable for Poka Market.
6. PRODUCT COMPLIANCE AND REGULATORY REQUIREMENTS
6.1 General Responsibility
The Merchant is solely responsible for ensuring that every product sold through Poka Market complies with all applicable laws, regulations, standards and regulatory requirements.
This includes requirements relating to:
- manufacturing;
- importation;
- registration;
- licensing;
- packaging;
- labelling;
- ingredients;
- health and safety;
- storage;
- transportation;
- advertising;
- consumer protection;
- environmental claims;
- product warranties; and
- product recalls.
6.2 Health and Wellness Products
Where a product constitutes or may constitute a medicine, herbal medicine, food supplement, medical device, cosmetic, household chemical substance or other regulated product, the Merchant must obtain and maintain all required regulatory approvals.
For Ghana-based sales, Merchants are responsible for complying with applicable requirements of the Food and Drugs Authority (”FDA Ghana”) and the Public Health Act, 2012 (Act 851).
The FDA’s mandate includes registration and regulation of herbal medicines, food supplements, medical devices, cosmetics and other regulated products. (Food And Drugs Authority)
6.3 Herbal Medicines
A Merchant must not list or sell an herbal medicinal product through Poka Market unless the Merchant has obtained all applicable registrations, approvals, licences and authorisations.
Where applicable, the Merchant must provide Poka with evidence of product registration and any other documentation reasonably requested by Poka.
FDA Ghana specifically administers the registration and market authorisation of herbal and homeopathic medicinal products intended for sale in Ghana. (Food And Drugs Authority)
6.4 Health Claims
Merchants must not make false, misleading, exaggerated or unsubstantiated claims about any product.
In particular, Merchants must not state or imply that a product:
a. diagnoses a disease;
b. prevents a disease;
c. cures a disease;
d. treats a medical condition;
e. replaces professional medical treatment;
f. guarantees a particular health outcome; or
g. is medically approved where it has not been appropriately approved.
All health claims must be accurate, capable of substantiation and compliant with applicable advertising and regulatory requirements.
6.5 Product Documentation
Poka may require documentation relating to a product at any time, including:
- registration certificates;
- licences;
- permits;
- certificates of analysis;
- laboratory testing;
- ingredient lists;
- safety data;
- manufacturing information;
- batch information;
- expiry dates;
- product insurance;
- proof of origin;
- sustainability certifications; and
- evidence supporting environmental or health claims.
Failure to provide requested documentation may result in removal of the product or suspension of the Merchant.
7. PRODUCT QUALITY AND SAFETY
7.1 Merchant Responsibility
The Merchant warrants that all products:
a. are safe for their intended use;
b. are of satisfactory quality;
c. conform to their descriptions;
d. are fit for their intended purpose;
e. are genuine and not counterfeit;
f. are not defective;
g. comply with applicable standards;
h. have been stored and transported appropriately; and
i. are supplied with all required instructions, warnings and information.
7.2 Expiry Dates
Merchants must not sell expired products.
Products approaching their expiry date may be subject to additional listing restrictions imposed by Poka.
7.3 Batch and Traceability Information
Where applicable, Merchants must maintain accurate batch, lot, serial number and expiry information sufficient to allow products to be traced and recalled.
7.4 Consumer Instructions
Where safe use requires instructions, warnings or precautions, the Merchant must ensure that these are clearly provided with the product.
8. PRODUCT LISTINGS
8.1 Accurate Listings
Merchants must provide accurate and complete information for every product.
A product listing must accurately describe:
a. the product;
b. brand and manufacturer;
c. size, quantity or volume;
d. ingredients or materials, where applicable;
e. intended use;
f. relevant warnings and precautions;
g. price;
h. applicable taxes and charges;
i. availability;
j. delivery information;
k. expiry date, where relevant; and
l. any other information required by Poka.
8.2 Photographs
Product photographs must accurately represent the product being sold.
Merchants must not use photographs that materially misrepresent the appearance, quantity, quality or packaging of a product.
8.3 Sustainability Claims
Because sustainability is central to Poka’s mission, Merchants must be able to substantiate claims including:
- sustainable;
- eco-friendly;
- biodegradable;
- compostable;
- recyclable;
- reusable;
- organic;
- ethically produced;
- plastic-free;
- zero waste; and
- similar claims.
Poka may request evidence supporting such claims.
8.4 Changes to Products
Merchants must notify Poka before making material changes to:
a. ingredients;
b. formulation;
c. materials;
d. packaging;
e. manufacturer;
f. country of origin;
g. regulatory status; or
h. any other characteristic that may affect product safety or compliance.
9. ORDERS
9.1 Acceptance of Orders
Merchants must fulfil accepted orders in accordance with the information displayed on Poka Market.
A Merchant must not cancel orders without a legitimate reason.
9.2 Inventory
Merchants are responsible for keeping inventory information accurate.
9.3 Fulfilment
Unless otherwise agreed with Poka, Merchants are responsible for:
a. preparing products for dispatch;
b. ensuring products are correctly packaged;
c. ensuring products are not damaged during fulfilment;
d. providing required documentation;
e. handing products to the designated delivery provider; and
f. complying with agreed fulfilment timelines.
9.4 Packaging
Packaging must:
a. protect the product;
b. comply with applicable laws;
c. be appropriate for the product;
d. contain legally required information; and
e. where reasonably practicable, align with Poka’s sustainability standards.
10. DELIVERY
10.1 Delivery Responsibility
The Merchant must comply with Poka’s applicable delivery and fulfilment procedures.
Depending on the arrangement between Poka and the Merchant, delivery may be performed by:
a. the Merchant;
b. Poka;
c. an independent logistics provider; or
d. another delivery partner approved by Poka.
10.2 Delivery Delays
Merchants must promptly notify Poka of circumstances likely to cause significant delivery delays.
10.3 Incorrect or Damaged Orders
Where a customer receives an incorrect, incomplete or damaged product due to the Merchant’s actions or omissions, the Merchant may be responsible for replacement, refund or other remediation in accordance with Poka’s policies.
11. PRICING
11.1 Merchant Pricing
Merchants are responsible for setting product prices in accordance with Poka’s marketplace requirements.
Prices must be accurate and must not be misleading.
11.2 Taxes
Merchants are responsible for determining and paying all taxes, duties, levies and other amounts applicable to their business and sales.
Poka may deduct or withhold amounts where required by law.
11.3 Discounts and Promotions
Poka may offer promotions, discounts or campaigns.
A Merchant’s participation in a promotion will be subject to the applicable promotional terms.
Unless expressly agreed otherwise, Poka will not apply a discount that results in a Merchant receiving less than the agreed amount without the Merchant’s consent.
12. FEES AND COMMISSIONS
12.1 Marketplace Fees
Poka may charge Merchants:
a. a listing fee;
b. a transaction fee;
c. a commission on sales;
d. payment processing fees;
e. fulfilment or logistics fees;
f. promotional fees; and/or
g. other fees agreed with the Merchant.
The applicable fees will be communicated to the Merchant before they become applicable.
12.2 Changes to Fees
Poka may change its fees by providing reasonable advance notice.
Where the Merchant does not agree to a material fee change, the Merchant may cease selling through Poka Market.
12.3 Set-Off
To the extent permitted by law, Poka may deduct amounts owed by the Merchant from amounts otherwise payable to the Merchant.
13. PAYMENTS TO MERCHANTS
13.1 Settlement
Poka will remit amounts due to the Merchant in accordance with the applicable settlement schedule.
Settlement amounts may be reduced by:
- Poka’s fees;
- refunds;
- chargebacks;
- payment processing fees;
- taxes or withholding;
- delivery costs payable by the Merchant;
- penalties agreed under the Merchant programme; and
- other amounts properly owed by the Merchant.
13.2 Payment Information
The Merchant must provide accurate payment information.
Poka is not responsible for payment delays resulting from incorrect information supplied by the Merchant.
13.3 Reserves and Withholding
Poka may temporarily withhold or reserve amounts where reasonably necessary to:
a. investigate suspected fraud;
b. address customer complaints;
c. process refunds;
d. account for chargebacks;
e. comply with legal requirements;
f. address suspected product safety issues; or
g. protect Poka, consumers or other Merchants from material loss.
14. RETURNS, REFUNDS AND CUSTOMER COMPLAINTS
14.1 Customer Rights
Merchants must comply with applicable consumer protection laws and Poka’s customer return and refund policies.
14.2 Defective Products
Where a product is defective, unsafe, materially different from its description or otherwise non-compliant, the Merchant may be required to:
a. provide a replacement;
b. provide a refund;
c. pay applicable return or delivery costs;
d. investigate the complaint; and/or
e. take corrective action.
14.3 Hygiene Products
Certain menstrual, personal care and intimate hygiene products may not be eligible for return once opened or used, subject always to applicable law and Poka’s customer policies.
14.4 Customer Complaints
Merchants must cooperate fully with Poka in responding to customer complaints.
Poka may communicate directly with customers and may request information from Merchants to investigate complaints.
15. PRODUCT RECALLS AND SAFETY INCIDENTS
15.1 Immediate Notification
The Merchant must immediately notify Poka if:
a. a product is recalled;
b. a regulatory authority investigates or restricts the product;
c. a product is found to be defective or unsafe;
d. a serious adverse event is reported;
e. a product registration or licence is suspended, cancelled or expires;
f. the Merchant becomes aware of contamination or adulteration; or
g. the Merchant otherwise reasonably believes that continued sale of a product could present a material risk to consumers.
15.2 Recall Cooperation
The Merchant must fully cooperate with any product recall, withdrawal, safety investigation or corrective action.
Poka may immediately suspend or remove affected products pending investigation.
15.3 Costs
Where a recall or product withdrawal results from the Merchant’s breach, negligence, misconduct or failure to comply with applicable law, the Merchant may be responsible for reasonable costs incurred by Poka in connection with the recall or corrective action.
16. INTELLECTUAL PROPERTY
16.1 Merchant Ownership
The Merchant retains ownership of its intellectual property rights in its products, trademarks, logos and other materials.
16.2 Licence to Poka
The Merchant grants Poka a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, modify and distribute the Merchant’s:
- name;
- trademarks;
- logos;
- product photographs;
- product descriptions;
- videos;
- marketing materials; and
- other content supplied to Poka,
for purposes of operating, marketing and promoting Poka Market and the Merchant’s products.
16.3 Merchant Warranty
The Merchant warrants that it has all necessary rights to provide such content to Poka and that Poka’s permitted use will not infringe third-party rights.
16.4 Poka Intellectual Property
All rights in Poka Market, the Poka platform, Poka branding, software, content, designs and technology belong to Poka or its licensors.
The Merchant may not copy, reproduce, modify or commercially exploit Poka’s intellectual property without prior written permission.
17. MARKETING AND PROMOTION
17.1 Poka Marketing
Poka may market and promote products listed on Poka Market through:
a. the Poka app;
b. Poka’s website;
c. social media;
d. email;
e. newsletters;
f. promotional campaigns;
g. advertising; and
h. other marketing channels.
17.2 Merchant Participation
Poka may invite Merchants to participate in campaigns, events, educational initiatives or other promotional activities.
Participation may be subject to separate terms.
17.3 Mission Alignment
Merchants acknowledge that Poka Market is designed to promote women’s health, menstrual health education, sustainability and access to quality products.
Merchants agree not to use Poka Market to promote products or practices that materially conflict with these principles.
18. DATA PROTECTION AND CUSTOMER INFORMATION
18.1 Personal Data
Merchants may receive or access personal information relating to customers in connection with orders.
Such information must be used solely for purposes authorised by Poka and applicable law.
18.2 Prohibited Use
Merchants must not:
a. sell customer information;
b. use customer information for unrelated marketing;
c. add customers to external mailing lists without an appropriate legal basis;
d. contact customers outside the Poka platform for unauthorised purposes;
e. disclose customer information to unauthorised persons; or
f. retain customer information longer than necessary.
18.3 Data Protection Compliance
Merchants must comply with applicable data protection and privacy laws.
Where applicable, this includes the Ghana Data Protection Act, 2012 (Act 843).
The Ghana Data Protection Commission states that organisations processing personal data may be subject to registration and other compliance requirements under the Act. (Data Protection Commission)
18.4 Security
Merchants must implement appropriate technical and organisational measures to protect customer information against unauthorised access, disclosure, loss or misuse.
18.5 Data Breaches
A Merchant must promptly notify Poka if it becomes aware of any actual or suspected unauthorised access to, disclosure of or loss of customer personal data.
19. CONFIDENTIALITY
Each party must keep confidential information received from the other party confidential and must not disclose it except:
a. with the other party’s consent;
b. to employees or professional advisers who need to know it;
c. where required by law; or
d. where necessary to perform the relevant agreement.
Confidential information does not include information that is publicly available other than through breach of confidentiality obligations.
20. PROHIBITED CONDUCT
A Merchant must not:
a. engage in fraudulent transactions;
b. manipulate reviews or ratings;
c. create fake customer accounts;
d. submit false product information;
e. artificially manipulate prices;
f. circumvent Poka’s fees;
g. divert Poka customers to external platforms for the purpose of avoiding Poka fees;
h. submit counterfeit or infringing products;
i. make misleading health or sustainability claims;
j. interfere with the operation of Poka Market;
k. introduce malicious software or code;
l. attempt to gain unauthorised access to Poka systems;
m. harass or abuse customers or Poka personnel;
n. engage in discriminatory or unlawful conduct; or
o. otherwise misuse Poka Market.
21. ANTI-BRIBERY AND ETHICAL BUSINESS CONDUCT
The Merchant must comply with applicable anti-bribery, anti-corruption, sanctions, anti-money laundering and other financial crime laws.
The Merchant must not offer, promise, provide or accept any improper payment, benefit or advantage in connection with its relationship with Poka.
22. SUSTAINABILITY AND ETHICAL SOURCING
22.1 Mission
Poka seeks to support sustainable businesses and products that contribute positively to women’s health and well-being.
22.2 Merchant Standards
Merchants are expected to:
a. avoid misleading environmental claims;
b. use responsible sourcing practices;
c. comply with applicable labour and environmental laws;
d. avoid forced labour and child labour;
e. maintain reasonable standards of workplace safety;
f. source materials responsibly; and
g. provide accurate information about sustainability credentials.
22.3 Verification
Poka may request reasonable evidence supporting sustainability or ethical sourcing claims.
23. INSURANCE
Poka may require Merchants selling certain categories of products to maintain appropriate insurance, including product liability insurance.
Where requested, the Merchant must provide evidence of insurance coverage.
The existence of insurance does not limit the Merchant’s liability under these Merchant Terms.
24. REPRESENTATIONS AND WARRANTIES
The Merchant represents and warrants that:
a. it has authority to enter into these Merchant Terms;
b. all information provided to Poka is accurate;
c. it has the right to sell each listed product;
d. products comply with applicable laws;
e. products are genuine and safe;
f. required licences and approvals are valid;
g. product claims are accurate and substantiated;
h. products do not infringe third-party rights;
i. its business operations comply with applicable laws;
j. its fulfilment practices comply with Poka’s requirements; and
k. it will comply with these Merchant Terms.
25. INDEMNITY
The Merchant agrees to indemnify and hold harmless Poka, its affiliates, directors, officers, employees, contractors and representatives against claims, losses, liabilities, damages, penalties, costs and expenses arising out of or relating to:
a. the Merchant’s breach of these Merchant Terms;
b. defective, unsafe or unlawful products;
c. personal injury, illness or death caused by a Merchant product;
d. product recalls attributable to the Merchant;
e. infringement of intellectual property rights;
f. misleading or unlawful product claims;
g. breach of applicable laws or regulations;
h. breach of data protection obligations;
i. fraud, negligence or misconduct by the Merchant; or
j. any claim by a customer or third party arising from the Merchant’s products or business.
26. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Poka will not be liable for:
a. indirect or consequential losses;
b. loss of profits;
c. loss of business opportunities;
d. loss of goodwill;
e. loss of anticipated savings; or
f. losses arising from events outside Poka’s reasonable control.
Nothing in these Merchant Terms excludes or limits liability that cannot lawfully be excluded or limited
27. POKA’S ROLE AND DISCLAIMER
Poka provides a marketplace and technology platform.
Except where expressly stated otherwise, Poka does not:
a. manufacture Merchant products;
b. guarantee the quality or safety of Merchant products;
c. provide medical advice;
d. guarantee that a product will achieve a particular health outcome;
e. independently verify every statement made by every Merchant; or
f. act as the Merchant’s agent.
Merchants remain responsible for their products and the information they provide.
Poka may conduct verification and quality checks, but such checks do not transfer responsibility for product compliance or safety from the Merchant to Poka.
28. SUSPENSION AND REMOVAL
Poka may immediately suspend a Merchant or remove a product where Poka reasonably believes that:
a. the Merchant has breached these Merchant Terms;
b. a product is unsafe;
c. a product is unlawful or potentially unlawful;
d. required regulatory approval is missing;
e. the Merchant has provided misleading information;
f. there is suspected fraud;
g. there is a significant customer safety concern;
h. continued listing may expose Poka to legal or reputational risk; or
i. suspension is otherwise reasonably necessary to protect customers or the Poka platform.
Where appropriate, Poka may provide the Merchant with an opportunity to remedy the issue.
29. TERMINATION
29.1 Termination by Merchant
The Merchant may terminate its account by giving Poka [30] days’ written notice.
The Merchant remains responsible for fulfilling outstanding orders and resolving outstanding customer claims.
29.2 Termination by Poka
Poka may terminate a Merchant’s account:
a. for material breach of these Merchant Terms;
b. where the Merchant repeatedly breaches these Merchant Terms;
c. where the Merchant engages in fraud or misconduct;
d. where continued participation creates material legal or safety risk;
e. where the Merchant becomes insolvent or ceases business;
f. where required regulatory approvals are lost; or
g. for any other reason permitted under the applicable Merchant agreement.
29.3 Effect of Termination
Upon termination:
a. product listings may be removed;
b. the Merchant must cease accepting new orders;
c. outstanding amounts will be settled subject to applicable deductions;
d. customer obligations and returns may continue to be processed;
e. confidentiality obligations survive; and
f. provisions intended to survive termination will continue to apply.
30. AUDITS AND INSPECTIONS
Poka may conduct reasonable compliance checks on Merchants and products.
Where a Merchant fails a compliance review, Poka may require corrective action within a specified period.
Serious or repeated failures may result in suspension or termination.
31. CHANGES TO THESE TERMS
Poka may update these Merchant Terms from time to time.
Where changes materially affect Merchant obligations, Poka will provide reasonable notice.
Continued use of Poka Market following the effective date of revised terms constitutes acceptance of the revised terms, subject to applicable law.
32. THIRD-PARTY SERVICES
Poka may use third-party service providers for:
-
payment processing;
-
logistics;
-
hosting;
-
identity verification;
-
customer support;
-
analytics; and
-
other marketplace services.
The Merchant agrees to comply with reasonable requirements imposed by such providers where necessary to provide Poka Market services.
33. FORCE MAJEURE
Neither party will be liable for failure or delay caused by circumstances beyond its reasonable control, including:
a. natural disasters;
b. epidemics or pandemics;
c. war;
d. civil unrest;
e. government action;
f. strikes;
g. telecommunications failures;
h. power failures;
i. cyber incidents not caused by the affected party’s negligence; or
j. failures of third-party service providers.
34. NOTICES
Notices under these Merchant Terms may be provided by email, through the Merchant portal, through the Poka platform or by other electronic means agreed between the parties.
The Merchant is responsible for ensuring that its contact information remains current.
35. ASSIGNMENT
The Merchant may not assign or transfer its rights or obligations under these Merchant Terms without Poka’s prior written consent.
Poka may assign or transfer its rights and obligations to an affiliate, successor or purchaser of the relevant business or platform.
36. SEVERABILITY
If any provision of these Merchant Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
37. ENTIRE AGREEMENT
These Merchant Terms, together with:
a. the Merchant application;
b. the applicable fee schedule;
c. Poka’s Privacy Policy;
d. Poka’s marketplace policies;
e. product-specific policies; and
f. any written agreement between Poka and the Merchant,
constitute the agreement between Poka and the Merchant regarding participation in Poka Market.
38. GOVERNING LAW AND DISPUTE RESOLUTION
These Merchant Terms are governed by the laws of the Republic of Ghana.
The parties will first attempt to resolve any dispute through good-faith negotiations.
Where a dispute cannot be resolved through negotiation within [30] days, either party may refer the dispute to the courts of competent jurisdiction in Ghana.
39. NO WAIVER
A failure or delay by Poka to enforce any provision of these Merchant Terms does not constitute a waiver of Poka’s right to enforce that provision subsequently.
40. CONTACT
Questions regarding these Merchant Terms or participation in Poka Market should be directed to:
Poka Technology Ltd
Email: info@pokaapp.com
Website: www.pokaapp.com
SCHEDULE 1 – MERCHANT ONBOARDING REQUIREMENTS
Before a Merchant is approved, Poka may require:
- Business registration documents
- Tax identification information
- Proof of business address
- Identification of proprietor/directors/authorised representative
- Bank or mobile money details
- Product catalogue
- Product photographs
- Manufacturer information
- Product ingredient/material information
- Product registration certificates, where applicable
- Relevant regulatory licences
- Product testing or certificates of analysis, where applicable
- Insurance documentation, where required
- Sustainability certifications, where applicable
- Evidence supporting environmental claims
- Evidence supporting health or wellness claims
- Returns and fulfilment information
Poka may request additional documentation depending on the nature and risk profile of the Merchant or product.
SCHEDULE 2 – HIGH-RISK PRODUCT CATEGORIES
Poka may apply enhanced due diligence to products including:
-
herbal medicines;
-
food supplements;
-
products making therapeutic or medical claims;
-
products intended for ingestion;
-
intimate-use products;
-
products applied to the skin or mucous membranes;
-
medical devices;
-
products intended for use during pregnancy;
-
products marketed for fertility or reproductive health;
-
products marketed for treatment of menstrual or hormonal conditions; and
-
any product designated as high-risk by Poka.
Poka may require additional documentation, testing, regulatory approval or insurance before permitting such products to be listed.
SCHEDULE 3 – MERCHANT CODE OF CONDUCT
Poka expects all Merchants to operate according to the following principles:
1. Safety First
Do not sell products that you know or reasonably suspect are unsafe.
2. Honesty
Provide accurate product information and do not exaggerate product benefits.
3. Transparency
Be transparent about ingredients, materials, sourcing, manufacturing and sustainability claims.
4. Respect
Treat customers, Poka personnel and other Merchants fairly and professionally.
5. Sustainability
Avoid misleading environmental claims and seek to minimise unnecessary environmental harm.
6. Women’s Health
Products marketed through Poka Market should support, or at minimum not undermine, Poka’s mission of improving access to quality women’s health and wellness products.
7. Compliance
Maintain all licences, registrations and approvals applicable to your products.
8. Accountability
Take responsibility for your products, respond promptly to complaints and cooperate with recalls or investigations.