- 1. Introduction
- Wazimart MERCHANT LISTING ESERVICES is provided to allow Wazimart merchants to interact with potential customers and users through a unique community. General questions, comments, or complaints about Wazimart's MERCHANT LISTING SERVICES may be directed to Wazimart's customer service using the appropriate form below. If you discover a posting which violates these terms, please notify an Admin.
- 2. MERCHANT LISTING SERVICES COMMUNITY PAGES
- Wazimart's MERCHANT LISTING SERVICES include a community services to help users interact with products and service providers. They allow customers and other users to contribute to the product by reacting, reviewing, discussing and other forms of interactions. These community tools help all merchants to track their products, close sales and receive first hand feedback. Therefore, all merchant information should adhere to the following publication guideliens:
- All the “Content” (imaged, message, data, information, text or other material) should be a true and accurate representation of the merchant. It should not be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- Do not upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
- Without Wazimart's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
- Wazimart shall have the right, but not the obligation, to monitor any activity and Content associated with its MERCHANT LISTING SERVICES pages.
- 3. Enforcement
Wazimart may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. Wazimart reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. Wazimart also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
In order to cooperate with governmental requests, to protect Wazimart's systems and customers, or to ensure the integrity and operation of Wazimart's business and systems, Wazimart may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.
- 4. Indemnification
- You shall remain solely liable for the Content of any messages or other information you upload or transmit to Wazimart, including the community contribution editing pages or discussion pages or interactive areas of this Web site. You agree to indemnify and hold harmless Wazimart from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.
- 5. Hyperlinks and Other Materials
Use of Wazimart's MERCHANT LISTING SERVICES and any materials obtained therefrom is strictly at your own risk. Wazimart takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions,falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Wazimart is not liable for any statements, representations, or Content provided by its users in any forum or interactive area.
Wazimart makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites or other materials accessible from or through Wazimart's MERCHANT LISTING SERVICES by hyperlink or other method. These linked sites are not under the control of Wazimart and Wazimart is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Wazimart of the site or any information contained therein.
- 6. Software
- Any software, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available through Wazimart's MERCHANT LISTING SERVICES is licensed to you by Wazimart. Wazimart shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
- 7. Submissions
- You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Wazimart are non-confidential and shall become the sole property of Wazimart. Wazimart shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Wazimart, including the posting of materials to any community contribution editing pages, discussion page or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
- 8. Disclaimer
Wazimart'S MERCHANT LISTING SERVICES AND ANY MATERIALS PROVIDED THEREIN, INCLUDING ANY SOFTWARE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Wazimart DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Wazimart DOES NOT REPRESENT OR WARRANT THAT ITS MERCHANT LISTING SERVICES OR ANY MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
Wazimart DOES NOT REPRESENT OR WARRANT THAT ITS MERCHANT LISTING SERVICES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Wazimart reserves the right to change or modify any and all content, functionality, or operation of its MERCHANT LISTING SERVICES at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Wazimart.
- 9. Limitation of Liability
- IN NO EVENT SHALL Wazimart BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF Wazimart'S COLLABORATIVE EDITING SERVICES, THIS WEB SITE OR THE MATERIALS CONTAINED OR ACCESSED THEREFROM. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.REPORT 1 COLUMN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Wazimart (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF Wazimart'S MERCHANT LISTING SERVICES EXCEED KES 1.000.00 OR THE COMPENSATION YOU PAID Wazimart, WHICHEVER IS LESS.
- 10. Applicable Law
- This agreement shall be governed by and construed in accordance with the laws of the Replic of Kenya, applicable to agreements made and entirely to be performed within Kenya, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in Nairobi, Kenya and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
- 11. Modification & Amendments
- Wazimart reserves the right to amend at any time any policies governing its LISTING SERVICES, including this agreement, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective immediately upon posting. If you do not accept the amended terms, you should cease using Wazimart's MERCHANT LISTING SERVICES. Your continued use of Wazimart's MERCHANT LISTING SERVICES will constitute acceptance of the modifications or amendments by you.
- 12. Termination
- Notwithstanding any of these terms and conditions, Wazimart reserves the right, without notice and in its sole discretion, to terminate your license to use Wazimart's MERCHANT LISTING SERVICES and its Web site, and to block or prevent future access to and use of such services.
- 13. Severability
- If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.