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Terms and Conditions

Makwacha.com Terms Of Use

These terms are effective 1st of February 2017

Introduction. Welcome to www.Makwacha.com (“Makwacha.com”). These Terms of Use, the Rules for Posting, the Privacy Notice, and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”).

All policies, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services. By accessing the Services you are agreeing to the following terms, which are designed to make sure that the Services work for everyone. Should you not agree to these terms, or any update or change thereto as dealt with below, you should not access or use Makwacha.com. You affirm that you are either 18 years of age or older, or possess the necessary consents to agree to these terms.

Using Makwacha.com. As a condition of your use of Makwacha.com you, agree that you will not:

  • violate any applicable laws including but not limited to consumer protection, data protection and intellectual property laws (including their regulations and guidelines);
  • violate any applicable posting rules;
  • post listings that do not show clear, truthful, verifiable, complete and unambiguous information regarding your contact details, the goods, price, delivery and any additional charge;
  • post any threatening, abusive, defamatory, pornographic, obscene, unconstitutional or indecent material;
  • use the Services in any manner that could impair any of our websites or applications in any way or interfere with any party’s use or enjoyment of any such site or application;
  • post any material that is harmful to, harms or could harm minors in any way;
  • be false or misleading or employ false or misleading advertising practices;
  • infringe any third-party right;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Makwacha.com or the interests or property of Makwacha.com users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of Makwacha.com;
  • copy, modify, or distribute any other person’s content without their consent;
  • use any robot spider, scraper or other automated means to access Makwacha.com and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person;
  • use the information available in Makwacha.com to contact the users or the advertisers for any purpose other than for the use of the Services;
  • Bypass measures used to prevent or restrict access to Makwacha.com.

You are solely responsible for all information that you submit to Makwacha.com and any consequences that may result from your post. We reserve the right for any or no reason, at our discretion to refuse or delete or take-down content that (or any part thereof) we believe is inappropriate or breaching the above terms. We may, at our discretion, remove ads, put ads on hold or make minor changes thereto, when they do not comply with the Posting Rules. We also reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration.

Abusing Makwacha.com. Makwacha.com and the Makwacha.com community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content exercise our discretion when ads do not comply with our policies, and take technical and legal steps to keep users off Makwacha.com if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content, exercise our discretion when ads do not comply with our policies, or keep a user off Makwacha.com or not, we do not accept any liability for monitoring Makwacha.com or for unauthorized or unlawful content on Makwacha.com or use of Makwacha.com by users. You also recognize and accept that Makwacha.com is not under any obligation to monitor any data or content which is submitted to or available on the site.

Fees and Services. Using Makwacha.com is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept that charge and any additional terms and conditions applicable, including forms of payment, to the service at the time of purchase. This will be clearly disclosed at the time you post your ad. Our fees are quoted in Malawian Kwacha (MK), and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other permissible collection mechanisms.

Content. Makwacha.com contains content from us, you, and other users. Makwacha.com is protected by copyright laws and international treaties. Content displayed on or via Makwacha.com is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Makwacha.com without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Makwacha.com. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Makwacha.com (other than your own content).

When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. This means that we are entitled to host, cache, route, transmit, store, copy, modify, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit, excerpt, analyze, and create algorithms and derivative works from you content, or otherwise use such content. Further, to the fullest extent permitted under applicable law, you waive your moral rights and agree not to assert such rights or any other intellectual property or publicity

rights against us, our sub-licensees, or our assignees.

You represent and warrant that none of the following infringe the licence (or any part thereof) granted to us in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with the Makwacha.com Terms of Use.

Infringement. Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on Makwacha.com by private individuals in Malawi. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Makwacha.com.

Liability. Makwacha.com does not act as a supplier as contemplated in the Consumer Protection Act, or otherwise, and is not the party marketing the goods/services. Makwacha.com only provides the platform.

As explained above, we do not actively monitor data or content. We are not involved in the actual transactions between users.
Makwacha.com does not operate as a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto for the purposes of, or in connection with, any transaction on the site. Makwacha.com also does not fulfil any of the functions (whether as a whole or in part), of a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto, whether in a direct or indirect manner.
As most of the content on Makwacha.com comes from other users, we do not guarantee or give any warranty or make any representation as to the accuracy and content of postings or user communications or the quality, safety, or legality of what’s offered, or with regard to the legal capacity of the users that may conduct or complete any transaction.
You agree not to hold us responsible for things other users post or do.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

Makwacha.com may promote, endorse and/or contain links to third party sites and/or services and/or goods. These sites, services and and/or goods are beyond the control of Makwacha.com. Makwacha.com is not involved in transactions between users and the operators of such third party sites. Makwacha.com does not accept responsibility for their content, services and/or products.

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected.

While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Makwacha.com, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 5,000 Malawi Kwacha.
Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.

Personal Information. By using Makwacha.com, you agree that you are giving your voluntary and informed consent to the collection, transfer, storage and use of your personal information by Makwacha.com on servers located in the South Africa, and for such purposes, as further described in our Privacy Policy. You also agree that you are giving your voluntary and informed consent to receive marketing communications from us unless you tell us that you prefer not receive such communications.

Security. In order to ensure the security and reliable operation of the site for all users, Makwacha.com reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Makwacha.com and its affiliates, agents and/or partners.

Resolution of disputes
If a dispute arises between you and Makwacha.com, we strongly encourage you to first contact us directly to seek a resolution by emailing us on info@makwacha.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
General. These terms and the other policies posted on Makwacha.com constitute the entire agreement between Makwacha.com and you, superseding any prior agreements.

To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of Malawi. You agree that any claim or dispute you may have against Makwacha.com must be resolved by the courts of Malawi, and you and Makwacha.com both agree to submit to the non-exclusive jurisdiction of Malawi.

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

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