The Website is an electronic warehouse in the form of an online store and an electronic marketplace that
- provides sale of products from the Abanista warehouse,
- provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers),
- provides a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products,
- provides services to facilitate the engagement of buyers and sellers to under commerce on the Website, and
- provides such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.
Eligibility to use
Abanista reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
Registration and account
You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
In the event You register as a User by creating an Account in order to avail of the Services provided by the Website and other services, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Abanista of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Abanista cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. Abanista will not be held liable of any loss due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Abanista has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Abanista has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
Payments related Information
Abanista may have existing arrangements with its banks, regarding limits on the amounts You can pay (if You are a buyer) or receive (if You are a seller) in the course of a single transaction. Abanista will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, Abanista shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the preset limit mutually agreed by Abanista with its bank from time to time.
For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and Abanista does not control the same and shall be liable for the same.
Abanista may from time to time contract with third party payment service providers including banks to open special purpose accounts under applicable Ugandan laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of fees and other charges. These third-party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Bank of Uganda for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. Abanista shall initiate the remittance of the payments made for purchase orders on the Website after the Products are delivered and the date of completion of transaction shall be after the Products are delivered and such other additional time as may be agreed between Abanista and sellers.
Subject to compliance with the Agreement(s), Abanista grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You access on the Website.
You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by Abanista. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
The Website may allow users to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to Abanista using the Website / Services (collectively referred to “User Content”). Product expressions on the Site are those of the vendor and not made by us, Submissions or Opinions expressed on the site are those of the individual posting such content and may not reflect our opinions.
When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
• belongs to another person and to which the User does not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
• harms minors in any way;
• impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• threatens the unity, integrity, defense, security or sovereignty of Uganda, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
• infringes any patent, trademark, copyright or other proprietary rights;
• contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
• attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Abanista server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
• probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Abanista, including any Abanista Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
• disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
• use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Abanista or other third parties;
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• violate any applicable laws or regulations for the time being in force within or outside Uganda;
• violate the terms of the Agreement.
Use of content
The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
Any software that is available on the Website is the property of Abanista or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of Abanista.
Abanista’s role as a marketplace
Abanista facilitates a marketplace for buyers and third party sellers or Abanista, where Abanistaa is the seller of a product
the relevant seller of the product (whether Abanista is the seller or whether it is a third party seller) shall at all times remain exclusively liable for the products they sell on the marketplace; and
in the event that there is an issue arising from the purchase of a product on the marketplace, the buyer should seek recourse from the relevant seller of the product by following the process set out in Abanista’s Dispute Resolution Policy.
We commit to ensure that Abanista, or third party sellers, as applicable, submit information relating to their products on the marketplace that is complete, accurate and up to date and pursuant thereto:
the relevant seller warrants and represents the completeness and accuracy of their information published on our marketplace relating to their products;
the relevant seller warrants and represents that the material on the marketplace is up to date; and
if a buyer has a complaint relating to the accuracy or completeness of the product information received from a seller (including where Abanista is the seller), the buyer can seek recourse from the relevant seller by following the process set out in the Abanista Dispute Resolution Policy.
You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
There may be certain orders that Abanista is unable to process or pass on buyer’s order to the seller and must cancel. Some situations that may result in Abanista’s inability to process or pass on buyer’s order to the seller include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud. In case buyer purchases multiple Products in one transaction, Abanista may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required.
In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, such support may be provided by the seller (if product did not originate from Abanista warehouse) or the manufacturer. However, in the event, buyer contacts Abanista for this support, Abanista may inform the seller to provide or facilitate the provision of such services to the buyer. Abanista is not and shall not be obliged to provide any such additional services. Abanista’s role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.
We do not warrant or represent that the marketplace will operate without fault; or that the marketplace or any service on the marketplace will remain available during the occurrence of events beyond Jumia’s control (force majeure events) which include but are not limited to; flood, drought, earthquake or other natural disasters; hacking, viruses, malware or other malicious software attacks on the marketplace; terrorist attacks, civil war, civil commotion or riots; war, threat of or preparation for war; epidemics or pandemics; or extra-constitutional events or circumstances which materially and adversely affect the political or macro-economic stability of the territory as a whole.
We reserve the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any marketplace services, or if we stop publishing the marketplace. This is without prejudice to your rights in respect of any unfulfilled orders or other existing liabilities of Abanista.
If we discontinue or alter any or all of our marketplace in circumstances not relating to force majeure, we will provide prior notice to the buyers and sellers of not less than fifteen (15) days with clear guidance on the way forward for the pending transactions or other existing liabilities of Abanista. We do not guarantee any commercial results concerning the use of the marketplace.
Tax policies / responsibility for taxes
As a seller, You are responsible for identifying your Tax obligations in addition to the calculation, remittance, and reporting of all taxes within your obligation. Abanista does not report or remit Taxes to any government on behalf of any seller. Sellers remain responsible for any ongoing remittance and/or reporting requirements they may have in connection with the Abanista Marketplace. You agree that Abanista is not obligated to determine your tax obligation, whether taxes apply, and Abanista will not be responsible to calculate, collect, report, or remit any seller obligated taxes arising from any transaction.
Returns & refunds
Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with the returns page on the marketplace, as may be amended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of the territory.
Refunds in respect of returned products shall be managed in accordance with the refunds page on the marketplace, as may be amended from time to time. Our rules on refunds shall be exercised in our discretion, subject to applicable laws of the territory. We may offer refunds, in our discretion:
- in respect of the product price;
- local and/or international shipping fees (as stated on the refunds page); and
- by way of store credits, vouchers, mobile money transfer, bank transfers or such other methods as we may determine from time to time.
Returned products shall be accepted and refunds issued by Abanista, acting for and on behalf of the seller.
Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website.
Intellectual property rights
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Abanista or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. Abanista reserves the right to change or modify the Content from time to time at its sole discretion.
The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of their registered owners. You are not permitted to use the Marks without the prior consent of the owner. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Abanista owns all intellectual property rights to and into the trademark “Abanista”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Abanista or thirty party owner of such Content.
Third party content
General third-party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website (“Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third-Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third-Party Content is provided on an ‘As Is’ basis. Abanista may not own / have the rights and title to any such Third-Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third-Party Content. Abanista shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third-Party Content.
In the event any Third-Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. Abanista makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.
Disclaimer of warranties & liability
You expressly understand and agree that, to the maximum extent permitted by applicable law abanista will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services, either with or without your knowledge. Abanista has endeavored to ensure that all the information on the website is correct, but abanista neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Further, abanista shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond abanista ‘s control. Abanista is not responsible for any typographical error leading to an invalid coupon. Abanista accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
Indemnification and limitation of liability
You agree to indemnify, defend and hold harmless Abanista, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
Notwithstanding anything to contrary in the Agreement(s), in no event shall Abanista, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Abanista has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.
Terms of the agreement
The Agreement will continue to apply until terminated by either You or Abanista as set forth below. If You want to terminate Your agreement with Abanista, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where Abanista has made this option available to You.
Governing law and jurisdiction
When You use the Website or send emails or other data, information or communication to Abanista, You agree and understand that You are communicating with Abanista through electronic records and You consent to receive communications via electronic records from Abanista periodically and as and when required. Abanista will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law
You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void. Abanista’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Abanista to any third parties without the requirement of seeking Your prior consent. Abanista may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Abanista shall have right to transfer Your Account and Account Information to a third party who purchases Abanista’s business as conducted under the Website.
If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Abanista may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms and Conditions.
Principal to Principal Relationship:
Feedback and Information
Any feedback You provide to this Website shall be deemed to be non-confidential. Abanista shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Abanista is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Abanista may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Abanista for the feedback under any circumstances.
To clarify, Abanista may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however Abanista shall not be obliged to do so. Further, in the event that Abanista makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Abanista, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity.
Changes to Terms & Conditions
We reserve the right to change these Terms & Conditions from time to time. If this happens, we will notify you by posting the new Terms & Conditions on the website. If you do not wish to be governed by the revised Terms & Conditions for buying products online, you must not place any further orders.
If you have any questions about our terms of service and privacy, this Website, and your personal jurisdiction, you may send an email to support[at]abanista.com