Ad ID: 46
Added: May 27, 2017
TERMS OF SERVICE
BY CHECKING THE “I AGREE” BOX, OR BY CONTINUING TO USE THE SERVICES FOLLOWING OUR EFFECTIVE DATE OF POSTING OF THIS TERMS OF SERVICE ON THE WEBSITE, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE, ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE FITNESS OF USING THE SERVICES DESCRIBED IN THE TERMS OF SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN IT AND HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (FOR EXAMPLE, YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS TERMS OF SERVICE. IN ADDITION, IF THIS TERMS OF SERVICE IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS TERMS OF SERVICE ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS TERMS OF SERVICE ON BEHALF OF SUCH ENTITY.
YOUR USE OF THE SITE
During the term of this Agreement, users may use our site for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Users may use Kwacha Basket site to request for products and Services we offer solely to a location where the user is legally authorized to have our products or Services delivered. Users may not use our website for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Users agree to treat Kwacha Basket courteously and lawfully, and complies with all applicable laws and regulations, and to provide reasonable co-operation Kwacha Basket to enable us to supply our goods and Services.
PAYMENT AND BILLING INFORMATION
While making an order on our website and providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor company) to charge your payment method for the total amount of your order or other purchase on the site (including any applicable taxes and other charges) (collectively, as appropriate, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or canceled. You must resolve any problem we encounter to proceed with your order. In the event you want to change or update payment information associated with your Kwacha Basket account, you may reach out to our support group. You agree and understand that the amount billed may vary due to promotional offers and discounts, changes to your purchase or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
COPYRIGHT INFRINGEMENT POLICY
All materials and information on this website including without limitation any logo, design, text, graphic and their arrangement (“Content”) are licensed to or owned by Kwacha Basket. Other than the content and applications we have expressly specified to be downloaded you must not copy, distribute, republish, download, display, post or transmit the content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior written permission or the written permission of the copyright owner. You may access and use the content and this website for your personal use only.
Kwacha Basket maintains and owns all Intellectual Property Rights in and to (i) the Website; (ii) the Hosted Services; (iii) the Services; and (iv) the Documentation; and (v) any Updates and Upgrades. Customer understands and acknowledges that other than the limited right to use the Website and our Hosted Services, as provided hereunder, these Terms do not convey any right, title or interest, the Hosted Services, or any other Intellectual Property Right of Kwacha Basket. Any updates, upgrades, improvements, modifications, adaptations, derivatives or enhancements made to the Website or Hosted Services, any of Kwacha Basket Intellectual Property, or any part thereof, or other work which includes, contains, substitutes, emulates, exposes the functionalities, or incorporates the Website.
The Company hereby grants you a non-exclusive, non-transferable, right to use the Software and Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this agreement. The Company and its licensors reserve all rights not expressly granted to you.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way; (ii) modify or make derivative works based upon the Service or the Software; (iii) create Internet “links” to the service or “frame” or “mirror” any Software on any other server or wireless or Internet-based device; (iv) reverse engineer the software; (v) access the software in order to build a competitive product or Service, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.
DESCRIPTION OF SERVICE
Kwacha Basket is an online ecommerce market. We provide a platform where our users who comply with these Terms can offer, sell, and buy products and services listed on the Website. Although you may be able to conduct payment and other transactions through the Website, using third-party vendors, Kwacha Basket is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, Kwacha Basket is not a party to such transactions, has no control over any element of such transactions, and, as far as the law allows, and shall have no liability towards any party in connection with such transactions.
PROHIBITED USE OF OUR SITE
You agree that you understand and accept not to use our Website in the following ways, which in turn may be detrimental to your security and ours;
- You agree not to access, copy, or otherwise use Kwacha Basket including our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by us.
- User will not copy, distribute or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”, adapt modify, reverse engineer, decompile or otherwise exploit the Services.
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service.
- User will not take any action that imposes or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
- User will not upload invalid data, viruses, worms, or other software agents through the Service.
- User will not access the Site or Service through any technology or means other than those provided or authorized by the Service.
- User agrees to act within the bounds of common decency when using the Service.
- User agrees not to impersonate any person or entity or misrepresent your affiliation with a person or entity.
- User agrees to use our Service only in a safe manner and in compliance with public laws.
- User agrees not to violate any requirements, procedures, policies, or regulations of networks connected to us.
- User will not use our Service to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content.
- User will not use the Services to harm, abuse, harass, stalk, threaten or otherwise offend others.
- User understand and agrees not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any part of the website and our services, including the de-indexing or de-caching of any part of our Service from a thirty party’s Website, such as by requesting its removal from a search engine.
- User will not upload any Content to our Service that includes any third party intellectual property unless User has permission from the owner of such to use it in a specific manner that User used it.
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Use our website or any of Kwacha Basket Service for any purpose or in any manner that violates local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work, which is not relevant to services provided through the Kwacha Basket site. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Professional Services facilitated through our website without the express written permission from us.
- Use Kwacha Basket site to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Site, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Register to use our website under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of our website or any content or material contained on the Kwacha Basket site without our written permission.
- Alter transmission data without our consent
- Purchase Merchandise to resell it.
If User is discovered to be undertaking any of the actions as mentioned above, the user’s privileges to use our Service may at our discretion be terminated or suspended. Generally, we will explain any suspension or termination of a user account, and Kwacha Basket reserves the right to suspend or terminate any account at any time without notice or explanation.
By entering into this Agreement and using the Application or Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referred to in this Agreement; (b) your violation of any rights of any third party, including any providers of transportation services, (c) your use or misuse of the Application or Service.
DISCLAIMER OF WARRANTY
BY VISITING OUR WEBSITE AND USING OUR SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS AND LIMITATIONS ASSOCIATED WITH ONLINE SERVICES SUCH AS THE KWACHA BASKET SERVICE, AND THAT YOUR RELIANCE ON ANY CONTENT, RECOMMENDATION OR OTHER ADVICE CONTAINED ON OUR SITE IS SOLELY AND EXCLUSIVELY AT YOUR OWN RISK. IN PARTICULAR, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KWACHA BASKET NOR ANY OF KWACHA BASKET’S AFFILIATES, LICENSORS, SERVICE PROVIDERS, ECOMMERCE EXPERTS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE, WHETHER INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES (COLLECTIVELY, “LOSSES”) RELATED TO YOUR USE OF (OR INABILITY TO USE) OUR SERVICE, OUR SITE OR ANY SITE LINKED TO KWACHA BASKET, WHETHER FROM ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITE OR ANY OTHER LINKED SITE(S), FROM LETUPS BEING DOWN OR UNAVAILABLE, OR FROM ANY OTHER USE OF OUR SITE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES.
WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT THE FUNCTIONS, OPERATIONS AND CONTENT OF OUR SITE ARE PROVIDED “AS-IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-INFRINGEMENT, AND THERE IS NO WARRANTY THAT THE INFORMATION CONTAINED ON OUR SITE OR ANY OF THE RELATED CONTENT WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
YOU FURTHER AGREE THAT NEITHER KWACHA BASKET, NOR OUR SERVICE ARE RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF ANY OTHER VISITOR TO OUR SITE OR ANY OTHER THIRD PARTY SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS LICENSORS AND/OR EMPLOYEE BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, NATURAL DISASTER OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, AND NATURAL OCCURRENCE LIKE EARTHQUAKE USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR PRODUCT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR PRODUCT, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY’S SERVICE AND WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
If any provision of this Agreement is determined to be invalid or unenforceable, the remainder shall be unaffected and shall be enforceable against both the Kwacha Basket and user.
This Agreement supersedes and replaces all former agreements or understandings, oral or written, between Kwacha Basket and users, except for prior confidentiality agreements users has agreed relating to information not covered by this Agreement. These Terms and the other policies posted by Kwacha Basket on the Website constitute the complete and exclusive understanding and agreement between you and Kwacha Basket and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. These Terms and the relationship between you and Kwacha Basket shall be governed by the laws of the Republic of South Africa without regard to its conflict of law principles.
These terms of Service shall be governed by provisional law of The Republic of South Africa which shall apply to both form and substance, notwithstanding the place of performance of the essential or ancillary obligations.
By accepting these terms, you represent that you are or above the age of 18 years and that, in of age bracket, less than 18 years require the consent of legal or parental guidance to agree on the Agreement on your behalf.
CHANGES IN TERMS OF SERVICES
Kwacha Basket reserve all rights to correct, change, amend, and make addition or subtraction and some other modification to any part of the conditions as mentioned above of use at any time at our sole discretion. We may send you a notification about these changes, but we, therefore, implore you to periodically look forward to a possible update to the terms of Service and ensure to read, understand and review them before continuing access to the Service of the platform. Because our Services are evolving, we may change or discontinue all or any part of the Services, at any time and without prior notice, at our sole discretion. The Terms and Conditions are determined to have been in effect since the updated date designated above. You may reject any changes by sending us written notice within 30 days of the date a change became effective, as indicated in the “Last Updated” date above or in the date of Kwacha Basket’s email to you notifying you of any change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Kwacha Basket in accordance with accepting these Terms (or accepted any subsequent changes to these Terms).
For more Information about our privacy practices, if you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to contact our Data Protection Officer and Privacy Compliance Officer
(PUT YOUR COMPLIANCE OFFICER ADDRESS HERE)
Or our head office address at;
(PUT YOUR HEAD OFFICE ADDRESS HERE)
Or our support mail at (PUT YOUR SUPPORT MAIL HERE)
You have a right to lodge a complaint with your local data protection supervisory authority (i.e. your place of habitual residence, place of work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before your local supervisory authority.
GENERAL TERMS AND LANGUAGE