Welcome to the website (the “Site”) of kivuko online company, limited. (“kivuko.com”). kivuko.com provides its
services to you subject to the notices, terms, and conditions set forth
in this agreement (the “Agreement”). In addition, when you use any
kivuko.com service (e.g., Customer Reviews), you will be subject
to the rules, guidelines, policies, terms, and conditions applicable to
such services, and they are incorporated into this Agreement by this
reference. kivuko.com reserves the right to change this Site and
these terms and conditions at any time.
Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and
conditions in this agreement, so please read this agreement carefully before proceeding.
Use of Site
You
represent and warrant that you are at least 18 years old or visiting
the Site under the supervision of a parent or guardian. Subject to the
terms and conditions of this Agreement, kivuko.com hereby grants
you a limited, revocable, non-transferable, and non-exclusive license
to access and use the Site by displaying it on your Internet browser
only for the purpose of shopping for personal items sold on the Site
and not for any commercial use or use on behalf of any third party,
except as explicitly permitted by kivuko.com in advance. Any
breach of this Agreement shall result in the immediate revocation of
the license granted in this paragraph without notice to you.
Except
as permitted in the paragraph above, you may not reproduce, distribute,
display, sell, lease, transmit, create derivative works from,
translate, modify, reverse-engineer, disassemble, decompile, or
otherwise exploit this Site or any portion of it unless expressly
permitted by kivuko.com in writing. You may not make any
commercial use of any of the information provided on the Site or make
any use of the Site for the benefit of another business unless
explicitly permitted by kivuko.com in advance. kivuko.com
reserves the right to refuse service, terminate accounts, and/or cancel
orders in its discretion, including, without limitation, if
kivuko.com believes that customer conduct violates applicable
laws or is harmful to kivuko.com’s interests.
You
shall not upload to, distribute, or otherwise publish through this Site
any Content, information, or other material that (a) violates or
infringes upon the copyrights, patents, trademarks, service marks,
trade secrets, or other proprietary rights of any person; (b) is
libelous, threatening, defamatory, obscene, indecent, pornographic, or
could give rise to any civil or criminal liability under United Republic of Tanzania. or
international law; or (c) includes any bugs, viruses, worms, trap
doors, Trojan horses, or other harmful code or properties.
kivuko.com may assign you a password and account identification
to enable you to access and use certain portions of this Site. Each
time you use a password or identification, you will be deemed to be
authorized to access and use the Site in a manner consistent with the
terms and conditions of this Agreement, and kivuko.com has no
obligation to investigate the authorization or source of any such
access or use of the Site.
You
will be solely responsible for all access to and use of this site by
anyone using the password and identification originally assigned to you
whether or not such access to and use of this site is actually
authorized by you, including without limitation, all communications and
transmissions and all obligations (including without limitation
financial obligations) incurred through such access or use. You are
solely responsible for protecting the security and confidentiality of
the password and identification assigned to you. You shall immediately
notify kivuko.com of any unauthorized use of your password or
identification or any other breach or threatened breach of this Site's
security.
Reviews and Comments
Except
as otherwise provided elsewhere in this Agreement or on the Site,
anything that you submit or post to the Site and/or provide
kivuko.com, including, without limitation, ideas, know-how,
techniques, questions, reviews, comments, and suggestions
(collectively, "Submissions") is and will be treated as
non-confidential and non-proprietary, and kivuko.com shall have
the royalty-free, worldwide, perpetual, irrevocable, and transferable
right to use, copy, distribute, display, publish, perform, sell, lease,
transmit, adapt, create derivative works from such Submissions by any
means and in any form, and to translate, modify, reverse-engineer,
disassemble, or decompile such Submissions. All Submissions shall
automatically become the sole and exclusive property of
kivuko.com and shall not be returned to you.
In
addition to the rights applicable to any Submission, when you post
comments or reviews to the Site, you also grant kivuko.com the
right to use the name that you submit with any review, comment, or
other Content, if any, in connection with such review, comment, or
other content. You represent and warrant that you own or otherwise
control all of the rights to the reviews, comments, and other Content
that you post on this Site and that use of your reviews, comments, or
other Content by kivuko.com will not infringe upon or violate
the rights of any third party. You shall not use a false e-mail
address, pretend to be someone other than yourself, or otherwise
mislead kivuko.com or third parties as to the origin of any
Submissions or Content. kivuko.com may, but shall not be
obligated to remove or edit any Submissions (including comments or
reviews) for any reason.
Copyright
All text, graphics, photographs or other images, button icons, audio clips,
and software (collectively, "Content"), belongs exclusively to kivuko.com or its content suppliers. The collection,
arrangement, and assembly of all content on this Site (the "Compilation") belong exclusively to kivuko.com. All
software used on this Site (the "software") is the property of kivuko.com or its Software suppliers.
The
Content, the Compilation and the Software are all protected
international copyright laws. Other logos, slogans, trade names or
words are registered trademarks, trademarks, or service marks of
kivuko.com, its suppliers, or third parties. The use of any
kivuko.com trademark or service mark without kivuko.com
's expressly written consent is strictly prohibited. You may not use
any kivuko.com trademark or service mark in connection with any
non-kivuko.com product or service or in any way that is likely
to cause confusion. You may not use kivuko.com's trademarks or
service marks in any manner that disparages or discredits
kivuko.com. You may not use any of the kivuko.com
trademarks or service marks in meta tags without the prior explicit
consent of kivuko.com.
Termination and Effect of Termination
In
addition to any other legal or equitable remedies, kivuko.com
may, without prior notice to you, immediately terminate the Agreement
or revoke any or all of your rights granted under this Agreement. Upon
any termination of this Agreement, you shall immediately cease all
access to and use of the Site and kivuko.com shall, in addition
to any other legal or equitable remedies, immediately revoke all
password(s), and account identification issued to you and deny your
access to and use of this Site in whole or in part. Any termination of
this Agreement shall not affect the respective rights and obligations
(including without limitation, payment obligations) of the parties
arising before the date of termination.
Disclaimer and Limitation of Liability
Except
as otherwise provided in the standard terms of sale that govern the
same of each product on this site, this site, the products offered for
sale on it and the transactions conducted through it are provided by
kivuko.com on an "as is" basis. kivuko.com makes no
representations or warranties of any kind, express or implied, as to
the operation of the site or the information, content, materials, or
products included on this site except as provided here to the full
extent permissible by applicable law, kivuko.com disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose,
non infringement, title, quiet enjoyment, data accuracy, and system
integration. This site may include inaccuracies, mistakes or
typographical errors. kivuko.com does not warrant that the
content will be uninterrupted or error free. To the maximum extent
permitted by law, kivuko.com will not be liable for any damages
of any kind arising from the use of this site, including, but not
limited to, indirect, incidental, punitive, exemplary, special, or
consequential damages. To the maximum extent permitted by applicable
law, kivuko.com's total liability to you for any damages
(regardless of the foundation for the action) shall not exceed in the
aggregate the amount of fees actually paid by you to kivuko.com
during the month immediately preceding the act allegedly giving rise to
kivuko.com's liability.
Order Acceptance
Please
note that there may be certain orders that we are unable to accept and
must cancel. kivuko.com reserves the right, at its sole
discretion, to refuse or cancel any order for any reason. Some
situations that may result in your order being canceled include
limitations on quantities available for purchase, inaccuracies or
errors in product or pricing information, or problems identified by our
credit and fraud avoidance department. We may also require additional
verifications or information before accepting any order. We will
contact you if all or any portion of your order is canceled or if
additional information is required to accept your order.
Typographical Errors
While
kivuko.com strives to provide accurate product and pricing
information, pricing or typographical errors may occur.
kivuko.com cannot confirm the price of an item until after you
order. In the event that an item is listed at an incorrect price or
with incorrect information due to an error in pricing or product
information, kivuko.com shall have the right, at our sole
discretion, to refuse or cancel any orders placed for that item. In the
event that an item is priced incorrectly, kivuko.com may, at our
discretion, either contact you for instructions or cancel your order
and notify you of such cancellation.
Arbitration
Where
the parties fail to settle dispute within 30 days after such dispute
occurs, they agree to submit such a dispute to London Court of International
Arbitration (the “LCIA”) for arbitration which shall be
conducted in accordance with the Commission's arbitration rules in
effect at the time of applying for arbitration. The arbitrate awards are
final and binding upon both parties.
Links
This
site may contain links to other sites on the Internet that are owned
and operated by third parties. You acknowledge that kivuko.com
is not responsible for the operation of or content located on or
through any such site.
Remedies
You
agree that kivuko.com's remedy at law for any actual or
threatened breach of this Agreement would be inadequate and that
kivuko.com shall be entitled to specific performance or
injunctive relief, or both, in addition to any damages that
kivuko.com may be legally entitled to recover, together with
reasonable expenses of any form of dispute resolution, including,
without limitation, attorneys' fees.
No
right or remedy of kivuko.com shall be exclusive of any other,
whether at law or in equity, including, without limitation, damages
injunctive relief, attorneys' fees and expenses.
No
instance of waiver by kivuko.com of its rights or remedies under
these terms and conditions shall imply any obligation to grant any
similar, future, or other waiver.
Contact us on Telephone Number:+255(0)222780661, Fax Number:+255(0)222781154 or email, support@kivuko.com
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